Second, none of the proposals for EME that I've seen actually address the issue of being able to play the same content across devices. They aren't a standardized DRM scheme; they are merely hooks for proprietary DRM schemes, essentially a way to allow proprietary DRM schemes to hook into the HTML5 media player rather than having to use the plugin interface and implement the media player in Flash or Silverlight. It's basically just a plugin API for plugins that provide only DRM, leaving the rest up to the browser.

Don't think that this is meant to actually increase interoperability; a large portion of the "value" of DRM, for those who promote it, it the ability to have various lucrative exclusive contracts with particular cable networks, hardware vendors, and so on. You're just going to see more "Live NFL - a Samsung exclusive!", not actually be able to get Netflix on any device you want.

If it worked across any device, then it would need to work on open devices as well, but of course if the device is open you can bypass the DRM. So it's always going to be based on licenses, that only certain vendors can get if they promise to implement DRM securely and not give users full access to their own devices.