#Copyright 2020 | Explore Tumblr Posts and Blogs

mostlysignssomeportents · 4 months

Text

“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

23K notes · View notes

irrealisms · 1 month

Text

i've seen a lot of people talk about mcyt as a constantly burning library of alexandria recently, and to some extent that's true. people are constantly deleting their blogs, going scorched earth with animatics, fanfics, etc., that they made. but i've also seen people (three in the last few days!) make this claim about VODs, when talking about large fandoms like DSMP and QSMP, and.... guys. that was true in 2020. that's not true anymore. archivists have been working tirelessly for years now to make sure that isn't true.

the dsmp VOD masterlist is here. in november 2020, it's missing 16 VODs, if i am counting correctly--which is still a fairly small minority, but it's a lot, and it sucks!--but in november of 2021, it's missing one, and that's because the cc of that VOD does copyright takedowns, not because the archivists didn't save it. no one in the archivist project is deleting VODs off youtube with no backups the way people are deleting fanfics. three months ago, one of my dsmp archivist friends finished coding a tool that let them reconstruct VODs out of twitch clips, and reconstructed six tubbo dsmp VODs from 2020. not only are we basically not losing VODs anymore, we are actively gaining VODs that have been lost for years, that were thought to be lost forever. the library isn't burning anymore; it's being rebuilt.

the qsmp VOD masterlist is here. it is usually a month or two behind the present day, to give creators time to archive their own VODs, but... look at it. in january of 2024, every single qsmp vod was archived. the same is true of december of 2023, and november, and the vast majority of months for the past year.

i'm not going to say that there isn't a problem. just a few days ago, i realized that a lifesteal VOD from last year was missing--that its youtube upload was messed up somehow, and no one noticed and it wasn't mirrored on the internet archive and the person who uploaded it deleted the original file. and now it's gone forever. this made me super sad! like i said: i'm not going to say that there isn't a problem.

but... look at the lifesteal VOD masterlist here. lifesteal's a smaller fandom than qsmp or dsmp. open the 2022 tab and you'll see months and months of lost VODs, of no one's VODs being saved, because there weren't any archivists saving them. then open the 2023 tab and see: they lost four VODs, over the course of a year. even in smaller fandoms, archivists are working. they're making progress. they're saving VODs. in 2024, lifesteal archivists screenrecorded five streams on tumblr live to make sure they would not become lost media. mcyt may be a constantly burning library of alexandria, but the people with fire extinguishers are dedicated. they're making incredible progress. i know people with petabytes of VODs saved, who have spent money on extra storage for this. i know people who are constantly running up against their storage limits as they download/upload to the internet archive/delete for space/rinse and repeat. a decent fraction of the time, my internet at home is slow because it's downloading VODs.

and these aren't the only mcyt fandoms with archiving projects! the outsiders smp VOD masterlist is here. origins smp VOD masterlist is here. smp earth VOD masterlist is here. rats smp VOD masterlist is here. there are so many others that i just don't happen to know about. the older and smaller a fandom is, the more likely it is to not have an attached archiving project, or for the archive to be missing a lot of VODs. but... guys, we've saved a lot. there are people out there, working tirelessly to save even more. yes, mourn what we have lost--the archivists i know are also the ones mourning the most for the VODs that are, in fact, forever lost media. but don't dismiss how much people have saved. we are making progress. we are losing less and less every month. the vast majority of the dsmp and qsmp still exist, i am not going to say they're the same experience as watching live because they're really not, but.. they're out there. people have put in a lot of work to save them.

if you have publicly available VOD masterlists or other mcyt archiving projects that aren't on this post, please add them in a reblog. i want this post to serve as a reference for how much archivists have saved in this community; unfortunately, i'm not super connected to every community. but i know that--for every person deleting things, there are people working, tirelessly & with little external reward, in so many different mcyt fandoms, to save things. and we should appreciate that more often.

#therapists dni #any british ants in the chat?#AND EVERYONE SAY THANK YOU TO FAIRY RAVE!!!!!!!!

2K notes · View notes