Imo, this difference is small enough that it's up to the PC to interpret. If the options went into a lot more detail, maybe not, but these concepts are about broad strokes. The idea of that option is that there is a choice between DRM and copyright, and I don't think it tries to specify the mechanism by which one or the other is selected, though i guess if both options were there it would specify it. Just my thoughts.
I think the difference is significant, because in one case it would be the publisher that was penalised, and in the other case it would the author (or the potential copyright holder), and they may not be the same.