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mostlysignssomeportents · 5 months

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“If buying isn’t owning, piracy isn’t stealing”

20 years ago, I got in a (friendly) public spat with Chris Anderson, who was then the editor in chief of Wired. I'd publicly noted my disappointment with glowing Wired reviews of DRM-encumbered digital devices, prompting Anderson to call me unrealistic for expecting the magazine to condemn gadgets for their DRM:

https://longtail.typepad.com/the_long_tail/2004/12/is_drm_evil.html

I replied in public, telling him that he'd misunderstood. This wasn't an issue of ideological purity – it was about good reviewing practice. Wired was telling readers to buy a product because it had features x, y and z, but at any time in the future, without warning, without recourse, the vendor could switch off any of those features:

https://memex.craphound.com/2004/12/29/cory-responds-to-wired-editor-on-drm/

I proposed that all Wired endorsements for DRM-encumbered products should come with this disclaimer:

WARNING: THIS DEVICE’S FEATURES ARE SUBJECT TO REVOCATION WITHOUT NOTICE, ACCORDING TO TERMS SET OUT IN SECRET NEGOTIATIONS. YOUR INVESTMENT IS CONTINGENT ON THE GOODWILL OF THE WORLD’S MOST PARANOID, TECHNOPHOBIC ENTERTAINMENT EXECS. THIS DEVICE AND DEVICES LIKE IT ARE TYPICALLY USED TO CHARGE YOU FOR THINGS YOU USED TO GET FOR FREE — BE SURE TO FACTOR IN THE PRICE OF BUYING ALL YOUR MEDIA OVER AND OVER AGAIN. AT NO TIME IN HISTORY HAS ANY ENTERTAINMENT COMPANY GOTTEN A SWEET DEAL LIKE THIS FROM THE ELECTRONICS PEOPLE, BUT THIS TIME THEY’RE GETTING A TOTAL WALK. HERE, PUT THIS IN YOUR MOUTH, IT’LL MUFFLE YOUR WHIMPERS.

Wired didn't take me up on this suggestion.

But I was right. The ability to change features, prices, and availability of things you've already paid for is a powerful temptation to corporations. Inkjet printers were always a sleazy business, but once these printers got directly connected to the internet, companies like HP started pushing out "security updates" that modified your printer to make it reject the third-party ink you'd paid for:

https://www.eff.org/deeplinks/2020/11/ink-stained-wretches-battle-soul-digital-freedom-taking-place-inside-your-printer

Now, this scam wouldn't work if you could just put things back the way they were before the "update," which is where the DRM comes in. A thicket of IP laws make reverse-engineering DRM-encumbered products into a felony. Combine always-on network access with indiscriminate criminalization of user modification, and the enshittification will follow, as surely as night follows day.

This is the root of all the right to repair shenanigans. Sure, companies withhold access to diagnostic codes and parts, but codes can be extracted and parts can be cloned. The real teeth in blocking repair comes from the law, not the tech. The company that makes McDonald's wildly unreliable McFlurry machines makes a fortune charging franchisees to fix these eternally broken appliances. When a third party threatened this racket by reverse-engineering the DRM that blocked independent repair, they got buried in legal threats:

https://pluralistic.net/2021/04/20/euthanize-rentier-enablers/#cold-war

Everybody loves this racket. In Poland, a team of security researchers at the OhMyHack conference just presented their teardown of the anti-repair features in NEWAG Impuls locomotives. NEWAG boobytrapped their trains to try and detect if they've been independently serviced, and to respond to any unauthorized repairs by bricking themselves:

https://mamot.fr/@[email protected]/111528162905209453

Poland is part of the EU, meaning that they are required to uphold the provisions of the 2001 EU Copyright Directive, including Article 6, which bans this kind of reverse-engineering. The researchers are planning to present their work again at the Chaos Communications Congress in Hamburg this month – Germany is also a party to the EUCD. The threat to researchers from presenting this work is real – but so is the threat to conferences that host them:

https://www.cnet.com/tech/services-and-software/researchers-face-legal-threats-over-sdmi-hack/

20 years ago, Chris Anderson told me that it was unrealistic to expect tech companies to refuse demands for DRM from the entertainment companies whose media they hoped to play. My argument – then and now – was that any tech company that sells you a gadget that can have its features revoked is defrauding you. You're paying for x, y and z – and if they are contractually required to remove x and y on demand, they are selling you something that you can't rely on, without making that clear to you.

But it's worse than that. When a tech company designs a device for remote, irreversible, nonconsensual downgrades, they invite both external and internal parties to demand those downgrades. Like Pavel Chekov says, a phaser on the bridge in Act I is going to go off by Act III. Selling a product that can be remotely, irreversibly, nonconsensually downgraded inevitably results in the worst person at the product-planning meeting proposing to do so. The fact that there are no penalties for doing so makes it impossible for the better people in that meeting to win the ensuing argument, leading to the moral injury of seeing a product you care about reduced to a pile of shit:

https://pluralistic.net/2023/11/25/moral-injury/#enshittification

But even if everyone at that table is a swell egg who wouldn't dream of enshittifying the product, the existence of a remote, irreversible, nonconsensual downgrade feature makes the product vulnerable to external actors who will demand that it be used. Back in 2022, Adobe informed its customers that it had lost its deal to include Pantone colors in Photoshop, Illustrator and other "software as a service" packages. As a result, users would now have to start paying a monthly fee to see their own, completed images. Fail to pay the fee and all the Pantone-coded pixels in your artwork would just show up as black:

https://pluralistic.net/2022/10/28/fade-to-black/#trust-the-process

Adobe blamed this on Pantone, and there was lots of speculation about what had happened. Had Pantone jacked up its price to Adobe, so Adobe passed the price on to its users in the hopes of embarrassing Pantone? Who knows? Who can know? That's the point: you invested in Photoshop, you spent money and time creating images with it, but you have no way to know whether or how you'll be able to access those images in the future. Those terms can change at any time, and if you don't like it, you can go fuck yourself.

These companies are all run by CEOs who got their MBAs at Darth Vader University, where the first lesson is "I have altered the deal, pray I don't alter it further." Adobe chose to design its software so it would be vulnerable to this kind of demand, and then its customers paid for that choice. Sure, Pantone are dicks, but this is Adobe's fault. They stuck a KICK ME sign to your back, and Pantone obliged.

This keeps happening and it's gonna keep happening. Last week, Playstation owners who'd bought (or "bought") Warner TV shows got messages telling them that Warner had walked away from its deal to sell videos through the Playstation store, and so all the videos they'd paid for were going to be deleted forever. They wouldn't even get refunds (to be clear, refunds would also be bullshit – when I was a bookseller, I didn't get to break into your house and steal the books I'd sold you, not even if I left some cash on your kitchen table).

Sure, Warner is an unbelievably shitty company run by the single most guillotineable executive in all of Southern California, the loathsome David Zaslav, who oversaw the merger of Warner with Discovery. Zaslav is the creep who figured out that he could make more money cancelling completed movies and TV shows and taking a tax writeoff than he stood to make by releasing them:

https://aftermath.site/there-is-no-piracy-without-ownership

Imagine putting years of your life into making a program – showing up on set at 5AM and leaving your kids to get their own breakfast, performing stunts that could maim or kill you, working 16-hour days during the acute phase of the covid pandemic and driving home in the night, only to have this absolute turd of a man delete the program before anyone could see it, forever, to get a minor tax advantage. Talk about moral injury!

But without Sony's complicity in designing a remote, irreversible, nonconsensual downgrade feature into the Playstation, Zaslav's war on art and creative workers would be limited to material that hadn't been released yet. Thanks to Sony's awful choices, David Zaslav can break into your house, steal your movies – and he doesn't even have to leave a twenty on your kitchen table.

The point here – the point I made 20 years ago to Chris Anderson – is that this is the foreseeable, inevitable result of designing devices for remote, irreversible, nonconsensual downgrades. Anyone who was paying attention should have figured that out in the GW Bush administration. Anyone who does this today? Absolute flaming garbage.

Sure, Zaslav deserves to be staked out over an anthill and slathered in high-fructose corn syrup. But save the next anthill for the Sony exec who shipped a product that would let Zaslav come into your home and rob you. That piece of shit knew what they were doing and they did it anyway. Fuck them. Sideways. With a brick.

Meanwhile, the studios keep making the case for stealing movies rather than paying for them. As Tyler James Hill wrote: "If buying isn't owning, piracy isn't stealing":

https://bsky.app/profile/tylerjameshill.bsky.social/post/3kflw2lvam42n

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/12/08/playstationed/#tyler-james-hill

Image: Alan Levine (modified) https://pxhere.com/en/photo/218986

CC BY 2.0 https://creativecommons.org/licenses/by/2.0/

#pluralistic #playstation #sony #copyright #copyfight #drm #monopoly #enshittification #batgirl #road runner #financiazation #the end of ownership #ip

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yokelfelonking · 8 months

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Post 9/11 Trivia

Most folks on this site were either children on September 11, 2001, or weren’t even born yet.�� But America went crazy for about a year afterwards. Here’s some highlights that I remember that might not be in your history books:

There was national discussion on whether or not Halloween should be canceled because…fuck if I know why. After planes crashed into buildings in NYC it follows that 6-year-olds in Iowa shouldn’t be allowed to dress up like Batman and ask their neighbors for candy, I guess. (Halloween wasn’t canceled, by the way.)

On a similar note, people asked if comedy - any sort of comedy - was appropriate anymore, ever.

People sold shitty parachutes to suckers “in case your building gets attacked and you have to jump out the window.” There were honest-to-God news reports warning people not to jump out of the window with shitty mail-order parachutes because they wouldn't work.

As a follow-up to the attacks, someone mailed anthrax to some prominent politicians and news anchors - you know, famous people - along with some badly-written notes about “you cannot stop us, death to America, Allah is good” and after that every time some random dumbass found a package in the mail they didn’t recognize they thought that the terrorists were targeting them, too.

Everyone was similarly convinced that their town was going to be the next target, even if they were a little town in the middle of nowhere. "Our town of Bumblefuck, South Dakota (population 690) has the largest styrofoam pig statue west of the Mississippi! Terrorists might fly planes into that too! It's a prime target!"

People started taping up their windows and trying to make their houses or apartments airtight out of fear of chemical and biological attacks. There were news reports warning people that turning your house into an airtight box was a bad idea because, y'know, you need air to breathe.

"[X] supports terrorism!" and “if we do [X], the terrorists win!” were used as arguments for everything. "Some rich Arab you never heard of donated to his organization that backs Hamas which backs al-Queda, and also owns stock in a holding company that has partial ownership of the Pringles company, so if you eat Pringles you're supporting terrorism!" "The terrorists want to tear down our freedoms and our way of life and rule us through fear! Eating what you want is one of our freedoms as Americans! If you're afraid to eat Pringles, the terrorists win!" (I promise you that this sort of argument is in no way hyperbole.) (This argument is how Halloween was saved, by the way. “If we cancel Halloween, the terrorists win!”)

People worked 9/11 into everything, and I mean everything, whether it was appropriate or not. If you went to the grocery store the tortilla chips would remind you to support the troops on the packaging. Used car sales would be dedicated to our brave first responders. You couldn't wipe your ass without the toilet paper rolls reminding you to never forget the fallen of 9/11, and again, this is not hyperbole. My uncle, who lived in Ohio and had never been to New York except to visit once in the 70′s, died of a stroke about 8 months after 9/11, and the priest brought up the attacks at the eulogy.

On a similar local note, on the day of 9/11, after the towers went down, gas stations in my home town immediately jacked up gas prices. The mayor had the cops go around and force them to take them back down. I doubt any of that was legal.

Before 9/11, Christianity in America - and religion in general - was on a downward swing, with reddit-tier atheism on the upswing. Religion was outdated superstition from a bygone age. The day after 9/11? Every single church was PACKED. (This wasn't a bad thing, but the power-hungry on the Evangelical Right saw this as a golden opportunity to grab power and influence.)

EDIT: By Popular Demand - Freedom Fries. I initially left these off because they came a couple years after the initial panic and most people thought they were kind of absurd (and I don't recall anyone really going along with it other than maybe some local diners here and there). France didn't want to get involved in our world policing so some folks were like "TRAITORS!" and wanted to call french fries "Freedom Fries" instead, so as to stick it to the French.

Besides dumb shit like that…it’s really hard to overstate how completely the national mood and character changed in the span of a day, or how much of the current culture war is a result of the aftermath. (9/11 was the impetus for the sharp rise in power of the Evangelical Right, who made themselves utterly odious and the following backlash helped the rise of the current Progressive Left, for instance.)

#9/11 #9-11 #september 11 #september 11 2001 #world trade center

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