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mostlysignssomeportents · 9 months

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Tesla's Dieselgate

Elon Musk lies a lot. He lies about being a “utopian socialist.” He lies about being a “free speech absolutist.” He lies about which companies he founded:

https://www.businessinsider.com/tesla-cofounder-martin-eberhard-interview-history-elon-musk-ev-market-2023-2 He lies about being the “chief engineer” of those companies:

https://www.quora.com/Was-Elon-Musk-the-actual-engineer-behind-SpaceX-and-Tesla

He lies about really stupid stuff, like claiming that comsats that share the same spectrum will deliver steady broadband speeds as they add more users who each get a narrower slice of that spectrum:

https://www.eff.org/wp/case-fiber-home-today-why-fiber-superior-medium-21st-century-broadband

The fundamental laws of physics don’t care about this bullshit, but people do. The comsat lie convinced a bunch of people that pulling fiber to all our homes is literally impossible — as though the electrical and phone lines that come to our homes now were installed by an ancient, lost civilization. Pulling new cabling isn’t a mysterious art, like embalming pharaohs. We do it all the time. One of the poorest places in America installed universal fiber with a mule named “Ole Bub”:

https://www.newyorker.com/tech/annals-of-technology/the-one-traffic-light-town-with-some-of-the-fastest-internet-in-the-us

Previous tech barons had “reality distortion fields,” but Musk just blithely contradicts himself and pretends he isn’t doing so, like a budget Steve Jobs. There’s an entire site devoted to cataloging Musk’s public lies:

https://elonmusk.today/

But while Musk lacks the charm of earlier Silicon Valley grifters, he’s much better than they ever were at running a long con. For years, he’s been promising “full self driving…next year.”

https://pluralistic.net/2022/10/09/herbies-revenge/#100-billion-here-100-billion-there-pretty-soon-youre-talking-real-money

He’s hasn’t delivered, but he keeps claiming he has, making Teslas some of the deadliest cars on the road:

https://www.washingtonpost.com/technology/2023/06/10/tesla-autopilot-crashes-elon-musk/

Tesla is a giant shell-game masquerading as a car company. The important thing about Tesla isn’t its cars, it’s Tesla’s business arrangement, the Tesla-Financial Complex:

https://pluralistic.net/2021/11/24/no-puedo-pagar-no-pagara/#Rat

Once you start unpacking Tesla’s balance sheets, you start to realize how much the company depends on government subsidies and tax-breaks, combined with selling carbon credits that make huge, planet-destroying SUVs possible, under the pretense that this is somehow good for the environment:

https://pluralistic.net/2021/04/14/for-sale-green-indulgences/#killer-analogy

But even with all those financial shenanigans, Tesla’s got an absurdly high valuation, soaring at times to 1600x its profitability:

https://pluralistic.net/2021/01/15/hoover-calling/#intangibles

That valuation represents a bet on Tesla’s ability to extract ever-higher rents from its customers. Take Tesla’s batteries: you pay for the battery when you buy your car, but you don’t own that battery. You have to rent the right to use its full capacity, with Tesla reserving the right to reduce how far you go on a charge based on your willingness to pay:

https://memex.craphound.com/2017/09/10/teslas-demon-haunted-cars-in-irmas-path-get-a-temporary-battery-life-boost/

That’s just one of the many rent-a-features that Tesla drivers have to shell out for. You don’t own your car at all: when you sell it as a used vehicle, Tesla strips out these features you paid for and makes the next driver pay again, reducing the value of your used car and transfering it to Tesla’s shareholders:

https://www.theverge.com/2020/2/6/21127243/tesla-model-s-autopilot-disabled-remotely-used-car-update

To maintain this rent-extraction racket, Tesla uses DRM that makes it a felony to alter your own car’s software without Tesla’s permission. This is the root of all autoenshittification:

https://pluralistic.net/2023/07/24/rent-to-pwn/#kitt-is-a-demon

This is technofeudalism. Whereas capitalists seek profits (income from selling things), feudalists seek rents (income from owning the things other people use). If Telsa were a capitalist enterprise, then entrepreneurs could enter the market and sell mods that let you unlock the functionality in your own car:

https://pluralistic.net/2020/06/11/1-in-3/#boost-50

But because Tesla is a feudal enterprise, capitalists must first secure permission from the fief, Elon Musk, who decides which companies are allowed to compete with him, and how.

Once a company owns the right to decide which software you can run, there’s no limit to the ways it can extract rent from you. Blocking you from changing your device’s software lets a company run overt scams on you. For example, they can block you from getting your car independently repaired with third-party parts.

But they can also screw you in sneaky ways. Once a device has DRM on it, Section 1201 of the DMCA makes it a felony to bypass that DRM, even for legitimate purposes. That means that your DRM-locked device can spy on you, and because no one is allowed to explore how that surveillance works, the manufacturer can be incredibly sloppy with all the personal info they gather:

https://www.cnbc.com/2019/03/29/tesla-model-3-keeps-data-like-crash-videos-location-phone-contacts.html

All kinds of hidden anti-features can lurk in your DRM-locked car, protected from discovery, analysis and criticism by the illegality of bypassing the DRM. For example, Teslas have a hidden feature that lets them lock out their owners and summon a repo man to drive them away if you have a dispute about a late payment:

https://tiremeetsroad.com/2021/03/18/tesla-allegedly-remotely-unlocks-model-3-owners-car-uses-smart-summon-to-help-repo-agent/

DRM is a gun on the mantlepiece in Act I, and by Act III, it goes off, revealing some kind of ugly and often dangerous scam. Remember Dieselgate? Volkswagen created a line of demon-haunted cars: if they thought they were being scrutinized (by regulators measuring their emissions), they switched into a mode that traded performance for low emissions. But when they believed themselves to be unobserved, they reversed this, emitting deadly levels of NOX but delivering superior mileage.

The conversion of the VW diesel fleet into mobile gas-chambers wouldn’t have been possible without DRM. DRM adds a layer of serious criminal jeopardy to anyone attempting to reverse-engineer and study any device, from a phone to a car. DRM let Apple claim to be a champion of its users’ privacy even as it spied on them from asshole to appetite:

https://pluralistic.net/2022/11/14/luxury-surveillance/#liar-liar

Now, Tesla is having its own Dieselgate scandal. A stunning investigation by Steve Stecklow and Norihiko Shirouzu for Reuters reveals how Tesla was able to create its own demon-haunted car, which systematically deceived drivers about its driving range, and the increasingly desperate measures the company turned to as customers discovered the ruse:

https://www.reuters.com/investigates/special-report/tesla-batteries-range/

The root of the deception is very simple: Tesla mis-sells its cars by falsely claiming ranges that those cars can’t attain. Every person who ever bought a Tesla was defrauded.

But this fraud would be easy to detect. If you bought a Tesla rated for 353 miles on a charge, but the dashboard range predictor told you that your fully charged car could only go 150 miles, you’d immediately figure something was up. So your Telsa tells another lie: the range predictor tells you that you can go 353 miles.

But again, if the car continued to tell you it has 203 miles of range when it was about to run out of charge, you’d figure something was up pretty quick — like, the first time your car ran out of battery while the dashboard cheerily informed you that you had 203 miles of range left.

So Teslas tell a third lie: when the battery charge reached about 50%, the fake range is replaced with the real one. That way, drivers aren’t getting mass-stranded by the roadside, and the scam can continue.

But there’s a new problem: drivers whose cars are rated for 353 miles but can’t go anything like that far on a full charge naturally assume that something is wrong with their cars, so they start calling Tesla service and asking to have the car checked over.

This creates a problem for Tesla: those service calls can cost the company $1,000, and of course, there’s nothing wrong with the car. It’s performing exactly as designed. So Tesla created its boldest fraud yet: a boiler-room full of anti-salespeople charged with convincing people that their cars weren’t broken.

This new unit — the “diversion team” — was headquartered in a Nevada satellite office, which was equipped with a metal xylophone that would be rung in triumph every time a Tesla owner was successfully conned into thinking that their car wasn’t defrauding them.

When a Tesla owner called this boiler room, the diverter would run remote diagnostics on their car, then pronounce it fine, and chide the driver for having energy-hungry driving habits (shades of Steve Jobs’s “You’re holding it wrong”):

https://www.wired.com/2010/06/iphone-4-holding-it-wrong/

The drivers who called the Diversion Team weren’t just lied to, they were also punished. The Tesla app was silently altered so that anyone who filed a complaint about their car’s range was no longer able to book a service appointment for any reason. If their car malfunctioned, they’d have to request a callback, which could take several days.

Meanwhile, the diverters on the diversion team were instructed not to inform drivers if the remote diagnostics they performed detected any other defects in the cars.

The diversion team had a 750 complaint/week quota: to juke this stat, diverters would close the case for any driver who failed to answer the phone when they were eventually called back. The center received 2,000+ calls every week. Diverters were ordered to keep calls to five minutes or less.

Eventually, diverters were ordered to cease performing any remote diagnostics on drivers’ cars: a source told Reuters that “Thousands of customers were told there is nothing wrong with their car” without any diagnostics being performed.

Predicting EV range is an inexact science as many factors can affect battery life, notably whether a journey is uphill or downhill. Every EV automaker has to come up with a figure that represents some kind of best guess under a mix of conditions. But while other manufacturers err on the side of caution, Tesla has the most inaccurate mileage estimates in the industry, double the industry average.

Other countries’ regulators have taken note. In Korea, Tesla was fined millions and Elon Musk was personally required to state that he had deceived Tesla buyers. The Korean regulator found that the true range of Teslas under normal winter conditions was less than half of the claimed range.

Now, many companies have been run by malignant narcissists who lied compulsively — think of Thomas Edison, archnemesis of Nikola Tesla himself. The difference here isn’t merely that Musk is a deeply unfit monster of a human being — but rather, that DRM allows him to defraud his customers behind a state-enforced opaque veil. The digital computers at the heart of a Tesla aren’t just demons haunting the car, changing its performance based on whether it believes it is being observed — they also allow Musk to invoke the power of the US government to felonize anyone who tries to peer into the black box where he commits his frauds.

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/2023/07/28/edison-not-tesla/#demon-haunted-world

This Sunday (July 30) at 1530h, I’m appearing on a panel at Midsummer Scream in Long Beach, CA, to discuss the wonderful, award-winning “Ghost Post” Haunted Mansion project I worked on for Disney Imagineering.

Image ID [A scene out of an 11th century tome on demon-summoning called 'Compendium rarissimum totius Artis Magicae sistematisatae per celeberrimos Artis hujus Magistros. Anno 1057. Noli me tangere.' It depicts a demon tormenting two unlucky would-be demon-summoners who have dug up a grave in a graveyard. One summoner is held aloft by his hair, screaming; the other screams from inside the grave he is digging up. The scene has been altered to remove the demon's prominent, urinating penis, to add in a Tesla supercharger, and a red Tesla Model S nosing into the scene.]

Image: Steve Jurvetson (modified) https://commons.wikimedia.org/wiki/File:Tesla_Model_S_Indoors.jpg

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

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probablyasocialecologist · 3 months

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Fifty per cent of web users are running ad blockers. Zero per cent of app users are running ad blockers, because adding a blocker to an app requires that you first remove its encryption, and that’s a felony. (Jay Freeman, the American businessman and engineer, calls this “felony contempt of business-model”.) So when someone in a boardroom says, “Let’s make our ads 20 per cent more obnoxious and get a 2 per cent revenue increase,” no one objects that this might prompt users to google, “How do I block ads?” After all, the answer is, you can’t. Indeed, it’s more likely that someone in that boardroom will say, “Let’s make our ads 100 per cent more obnoxious and get a 10 per cent revenue increase.” (This is why every company wants you to install an app instead of using its website.) There’s no reason that gig workers who are facing algorithmic wage discrimination couldn’t install a counter-app that co-ordinated among all the Uber drivers to reject all jobs unless they reach a certain pay threshold. No reason except felony contempt of business model, the threat that the toolsmiths who built that counter-app would go broke or land in prison, for violating DMCA 1201, the Computer Fraud and Abuse Act, trademark, copyright, patent, contract, trade secrecy, nondisclosure and noncompete or, in other words, “IP law”. IP isn’t just short for intellectual property. It’s a euphemism for “a law that lets me reach beyond the walls of my company and control the conduct of my critics, competitors and customers”. And “app” is just a euphemism for “a web page wrapped in enough IP to make it a felony to mod it, to protect the labour, consumer and privacy rights of its user”.

#Enshittification #big data #internet #social media #a long article but a good un

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luigiblood · 11 months

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An interpretation of the Dolphin on Steam situation.

As a reminder, Dolphin, the GameCube and Wii emulator, had announced a release of a Steam version using features from Steam like cloud save, Steam Deck native support and all.

A couple of days ago, Dolphin's Steam page was pulled down, then Dolphin's official blog mentioned a DMCA takedown, and PC Gamer reported on it, quoting the DMCA. Then we all went a bit crazy over this, then Delroth, a former Dolphin member, talked in a bit more detail, and debunked a misunderstanding.

You can still read this from Delroth here: https://mastodon.delroth.net/@delroth/110440301402516214

EDIT: Delroth has made one more very interesting post on Reddit about encryption keys in emulators here: https://www.reddit.com/r/emulation/comments/140b7x5/are_dolphin_devs_special_in_bundling_decryption/

All in all, the situation was misinterpreted from all sides, and to sum it up, according to Delroth: Valve asked Nintendo about this, and Nintendo said they don't want this, and quoted the DMCA's set of laws. In fact, not only Delroth says this, a lawyer contacted by PC Gamer essentially says the same thing in the updated report here.

One more preface: I am NOT a lawyer, legal text is very hard to fully grasp, this is only my own interpretation of the situation, what I am about to say may be VERY VERY WRONG. Got it?

The Digital Millennium Copyright Act is a copyright law from 1998. It is made of several titles and acts. The first title contains the anti-circumvention part which we'll get to later. The second title contains the takedown process part.

DMCA Takedown

I'll get to the second title first:

To sum it up, this is the part where you can do a copyright infringement claim, a "notice and takedown" process. This process also includes the ability of a counterclaim.

NONE OF THIS HAPPENED ON DOLPHIN ON STEAM. Nintendo did not use this process. They just told Valve a reason, and it was Valve's decision alone that got the emulator removed, and they notified Dolphin of the reason.

I won't really debate much on this, it's not really interesting.

"Anti-circumvention"

Now, the anti-circumvention part, the meaty part. There's a lot of legal text, but I will translate to the best of my abilities to you, don't worry.

This is the part where I feel the least comfortable about, and again, this is an interpretation, but let's start again from that quote that I had (from PC Gamer, by the way):

the Dolphin emulator operates by incorporating these cryptographic keys without Nintendo’s authorization and decrypting the ROMs at or immediately before runtime. Thus, use of the Dolphin emulator unlawfully 'circumvent[s] a technological measure that effectively controls access to a work protected under' the Copyright Act.

The thing is... I only said that indeed, the Wii Common Key, required to decrypt everything, is included in Dolphin's source code. It's... not necessarily the problematic point of this, as I tried to read more into it, and I will go back to the Lockpick_RCM actual DMCA takedown.

Lockpick_RCM is a Switch tool that gets a set of keys from your Switch console and puts them into an easy to read file that could be used in conjunction with other Switch tools. They're required to decrypt pretty much everything about the Switch, from games to other packages.

The use of Lockpick with a modified Nintendo Switch console allows users to bypass Nintendo’s Technological Measures for video games

A thing you read a lot is "Technological Measures"... turns out this has a bit of a definition in 17 U.S.C. §1201... or rather, in that text itself, here's the very first thing you can read:

17 U.S.C. §1201 (a)(1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

The wording "circumvent a technological measure" happens to have a definition tied to it:

17 U.S.C. §1201 (a)(3) As used in this subsection— (A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

It's a somewhat precise definition, actually, and purely relying on it... this makes pretty much everything Wii, 3DS, Wii U and Switch a very dangerous situation.

The "technological measure" also has a definition:

17 U.S.C. §1201 (a)(3)(B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

Basically it just means a DRM (Digital Rights Management) process of sorts.

A lot of people loves to talk about the previous lawsuits on emulators, but note that I never mentioned the emulation being the issue here. Nintendo is NOT arguing, on a legal level anyway, that emulators are illegal by being one, their communication team does by stifling innovation in their public arguments.

According to 17 U.S.C. §1201 (a)(3)(A), just having encryption is enough to consider that they're protected, and just decrypting is already illegal... this affects a lot more than you think, it's not just Dolphin at this point, it seems we misunderstood a lot of things about the DMCA.

To sum it up more bluntly: I don't feel like the encryption key is the main argument, it's actually about what you do with it that they argue against.

So even if Dolphin removed the Wii Common Key, if they still include the decryption process, even if you provided the key yourself from your own system, EVEN your own Wii dumps, the argument here implies that since you're still decrypting the Wii dump data, this last part is argued to be illegal. This ain't right.

Now apply this to everything else, even if you decrypted the game beforehand so that Dolphin doesn't even decrypt anything, the problem would be moved to the dumper or the decrypter tool doing it. This applies to a lot of systems.

Considering the definition I showed earlier, this seems hard to argue against, however, notice that I never said anything as fact, and insisted that it is Nintendo's argument, legally speaking, I believe this is an important distinction to make.

Exceptions?

The law also explicitly defines exceptions to this, but please read carefully, because this is where I start to really interpret from here:

In 17 U.S.C. §1201 (a)(1)(B), my understanding is that when the protection itself prevents legitimate use, then you are allowed to break it. That said, and this is important: The later subparagraphs defines these paragraphs as something that CANNOT BE USED AS A DEFENSE. This is only there to shield the Library of Congress from any attack, and to allow them to research the various impacts that the protection does and determine rules. Their ruling is also explicitly not allowed to be used as a defense in the text.

After reading a lot of this, I only found one thing that, very honestly, I find quite unclear. Subsection (f) about Reverse Engineering, is particularly showing how much they're not well versed in computer science.

17 U.S.C. §1201 (f) basically says if you're trying to understand how the program works, you are allowed to circumvent the protection, under the idea that you're doing analysis, or...

17 U.S.C. §1201 (f)(2) for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.

In the case of infringement, I believe this is about copyright in general, as the law suggests this does not affect copyright laws in any way.

So what is interoperability... well let's take the definition from there:

17 U.S.C. §1201 (f)(4) For purposes of this subsection, the term “interoperability” means the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged.

So we're talking about the ability for a program to exchange information with the work, in this case, a game for example.

...what is this? Programs exchange information all the time. That's even the basis of a computer. Maybe there are other definitions, but frankly I can't be bothered to read even more legalese right now.

With just this, and not taking into account anything else, I feel like this allows emulators to work, they don't really modify the game, they try to run it within a sandbox, where a lot of information is exchanged to make sure the program runs as intended.

Oddly enough this would still make the ability to run those games on a modded Switch still illegal though, while emulators could be allowed to do this.

But make no mistake: This is not a legally tested argument. I need to repeat: This is an interpretation. Lawsuits literally work with lawyers interpreting information and the laws, and argue. The whole idea of laws being unclear is not necessarily a fault, it's specifically why lawyers exist.

Why now? And what now?

Honestly, as much as Nintendo argued, for the time being, they have not shown any intention to take down Dolphin as a whole. They could just argue as a scare tactic to prevent Dolphin to reach an even more mainstream status. I doubt Nintendo didn't know about Dolphin for that long.

Until I see an actual DMCA takedown, or worse against Dolphin itself, I'm going to assume Dolphin will stay up for a long time.

Removing the Wii Common Key from Dolphin will not change the situation, as it is the whole decryption process that the argument is about.

Whether Citra, Cemu, Yuzu and Ryujinx could have included the keys or not, the argument would still be the same here.

TL;DR of the complicated part

About the takedown itself:

Valve asked Nintendo about Dolphin on Steam, and they argued that Dolphin is illegal because it decrypts Wii games, and Valve, on their own accord, took down Dolphin from Steam from this. (Note: GameCube does not use encryption and cannot be impacted by this.)

An actual lawyer also takes this as a warning from Nintendo to Valve according to PC Gamer.

About the argument that Nintendo used against Dolphin:

Encryption Keys are NOT the main point of contention, because...

The encryption itself, as a whole, is argued by Nintendo to be a protection measure.

This means that decrypting the game outside of the intended way by the copyright owner (Nintendo, on a Nintendo Switch) is argued to be illegal by default.

The law, as in how I interpret it, goes in that sense, but for some reason you are allowed to make an additional program that can "interoperate" with the protected works in question and explicitly is allowed to break the protection. This is a vague part, and could be used in defense of Dolphin, potentially.

The final answer can only be answered in a courtroom.

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meret118 · 2 months

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Great article!

Excerpt:

Think of our ad blockers again. Fifty per cent of web users are running ad blockers. Zero per cent of app users are running ad blockers, because adding a blocker to an app requires that you first remove its encryption, and that’s a felony. (Jay Freeman, the American businessman and engineer, calls this “felony contempt of business-model”.)

So when someone in a boardroom says, “Let’s make our ads 20 per cent more obnoxious and get a 2 per cent revenue increase,” no one objects that this might prompt users to google, “How do I block ads?” After all, the answer is, you can’t. Indeed, it’s more likely that someone in that boardroom will say, “Let’s make our ads 100 per cent more obnoxious and get a 10 per cent revenue increase.” (This is why every company wants you to install an app instead of using its website.)

There's no reason that gig workers who are facing algorithmic wage discrimination couldn’t install a counter-app that co-ordinated among all the Uber drivers to reject all jobs unless they reach a certain pay threshold. No reason except felony contempt of business model, the threat that the toolsmiths who built that counter-app would go broke or land in prison, for violating DMCA 1201, the Computer Fraud and Abuse Act, trademark, copyright, patent, contract, trade secrecy, nondisclosure and noncompete or, in other words, “IP law”.

IP isn’t just short for intellectual property. It’s a euphemism for “a law that lets me reach beyond the walls of my company and control the conduct of my critics, competitors and customers”. And “app” is just a euphemism for “a web page wrapped in enough IP to make it a felony to mod it, to protect the labour, consumer and privacy rights of its user”.

#Technology #Corruption

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kennak · 5 months

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米ビデオゲーム業界団体 Entertainment Software Associataion (ESA) によれば、高度なスキルを持ったハッカーが海賊版サプライチェーンで重要な役割を果たしているという (TorrentFreak の記事)。この見解は ESA が米通商代表部 (USTR) による知的財産侵害市場に関するスペシャル 301 条 2023 年版意見募集に応じて提出した意見書 (PDF) の中で触れたものだ。 ESA ではビデオゲームソフトの DRM を迂回して海賊版の配布を可能にする「クラッカー」と、ファイルサイズを大幅に小さくしてダウンロードしやすくする「リパッカー」を「高度なスキルを持ったハッカー」と呼んでいる。DRM 迂回は技術的保護手段の回避にあたり、米著作権法 1201 条 (DMCA 迂回禁止条項) に違反する。意見書では知的財産侵害市場における追加のトレンドの一つとして、俗に「warez scene」「scene release groups」などと呼ばれるグループの増加を挙げている。こういったグループは DRM の迂回とファイルサイズ縮小により、海賊版の高速な配布を実現する。そのため、高度なスキルを持ったハッカーは欠かせない存在とのことだ。

米ビデオゲーム業界団体ESA曰く、高度なスキルを持ったハッカーが海賊版サプライチェーンで重要な役割 | スラド YRO

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hackernewsrobot · 2 months

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EFF argues DMCA section 1201(a) violates First Amendment

https://www.eff.org/press/releases/licensing-scheme-fair-uses-and-other-speech-violates-first-amendment-eff-argues

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ctrl-salt-delete · 7 months

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DMCA 1201 is an "anti-circumvention" law. It bans the distribution of any tool that bypasses "an effective means of access control." That's all very abstract, but here's what it means: if a manufacturer sticks some Digital Rights Management (DRM) in its device, then anything you want to do that involves removing that DRM is now illegal – even if the thing itself is perfectly legal.

...

Today, it costs about a quarter to add a system-on-a-chip to even the tiniest parts. These SOCs can run DRM. Here's how that DRM works: when you put a new part in a device, the SOC and the device's main controller communicate with one another. They perform a cryptographic protocol: the part says, "Here's my serial number," and then the main controller prompts the user to enter a manufacturer-supplied secret code, and the master controller sends a signed version of this to the part, and the part and the system then recognize each other.

...

Of course, Apple is a huge fan of VIN-locking. In phones, VIN-locking is usually called "serializing" or "parts-pairing," but it's the same thing: a tiny subassembly gets its own microcontroller whose sole purpose is to prevent independent repair technicians from fixing your gadget. Parts-pairing lets Apple block repairs even when the technician uses new, Apple parts – but it also lets Apple block refurb parts and third party parts.

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michiganprelawland · 8 months

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The Right-to-Repair Debate in Congress

By Taylor Trenta, Calvin University Class of 2025

August 18, 2023

Throughout 2023, there has been an uptick in attention granted to the concept of right-to-repair, especially with technology and auto parts. In 2022, Governor Kathy Hochul of New York signed the Digital Fair Repair Act, then saying New York was the “first state in the nation to guarantee the right to repair.” Many states followed, leading to attention throughout 2023. [1] Throughout the summer, a panel of experts made the case to dismantle right-to-repair restrictions on a Congressional level. [2] The group argues that consumers should have access to cheaper and more accessible part replacements and services, rather than only the original manufacturers. [2]

According to Nathan Proctor, a campaign director at the U.S. Public Interest Research Group, TV and radio repair shops have been replaced in a push towards replacements and repairs from the manufacturer. He said: “We've been pushed into this... How did we wake up in a world where changing a battery was too dangerous to do? They benefit from us not having that power.” [1] While this is becoming a more prevalent problem, powerful technology producers have led to this for decades. For instance, the 1998 Digital Millennium Copyright Act expanded protections for code in the growing market of software embedded products. [1] Darrell Issa, who chairs the House Judiciary Committee’s intellectual property panel, said during the July hearing: “Let there be no doubt that the right to repair the product that you have purchased is a fundamental principle... and individuals and businesses should not under any circumstances have any doubt as to where the bright lines are in their rights.” [2] One key roadblock in accessing data for necessary repairs is Section 1201 of the Digital Millennium Copyright Act; this prevents consumers from working around technological safeguards due to their copyright. The intention was to prevent piracy. However, this prevents users from accessing some aspects of repair manuals, which some say reaches beyond the scope of the law. [2]

In March, Michigan Attorney General Dana Nessel worked with 28 other attorneys general to call upon the 118th Congress to pass Right-to-Repair legislation; in this movement, the coalition targeted automobiles, agriculture equipment, and electronic equipment. [3] With this, the purpose is also to keep small businesses competitive against closed systems that Original Equipment Manufacturers (OEMs) favor. [3] Nessel stated: “The monopoly on repairs hurts consumers...Original Equipment Manufacturers restrict competition for repair services by limiting the availability of parts, making diagnostic software unavailable, or using adhesives that make parts difficult to replace, all of which can result in higher product and repair prices. I stand with my colleagues in asking Congress to pass Right-to-Repair legislation that not only protects consumers, but protects the laborers and farmers who help build and feed our nation.” [3] The letter sent in by this group included attorneys general of Alaska, Arizona, California, Connecticut, Delaware, District of Columbia, Guam, Hawaii, Idaho, Illinois, Indiana, Louisiana, Maine, Maryland, Minnesota, Nevada, New Mexico, Northern Mariana Islands, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Washington, and Wisconsin. [3] The group also encouraged Congress to consider three major pieces of proposed legislation that received support, but were never passed: The Fair Repair Act, the SMART Act, and the REPAIR Act. [3]

From the University of Michigan, Professor Aaron Perzanowski testified on the concept of right-to-repair before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet. [4] In regard to Section 1201, Perzanowski stated, “Section 1201 of the DMCA makes it practically impossible for consumers to exercise their lawful right to repair a wide range of devices, from tractors to home electronics, even though the copyright office says those activities are non-infringing.” [2] With his testimony, he emphasized the gravity of the situation: “The right to repair is a longstanding principle, reflected in both personal property and IP law. Without it, the fundamental notion of ownership—of our cars, our communications devices, our home appliances—is under threat. Safeguarding that right to repair is a complex legal problem that has no single solution. Beyond IP law, it presents questions of antitrust, consumer protection, and contract law, among others. Nonetheless, by addressing the ways in which IP law interferes with rights of Americans to fix the things they buy, Congress is positioned to help maintain and restore this core right of property owners.” [4]

During the same July 18th House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet, most shared the perspective of Perzanowski. However, Devlin Hartline from the Hudson Institute’s Forum for Intellectual Property said: “The right-to-repair movement isn’t based on a preexisting right; it’s instead asking lawmakers to create a new right at the expense of the existing rights of IP owners.” [5] Even those who support the right-to-repair movement noted some concerns over safety; in the food and auto industries, Perzanowski said this type of Intellectual Property law is not always the right way to go. However, these risks of flawed production are present even with the original manufacturer. [5]

With this increase in attention, other members of Congress have looked to introduce legislation against other barriers. One bill looks to shorten the enforcement period for patents on some auto parts. Another bill proposed by Neal Dunn in February also hopes to prevent auto manufacturers from hiding data that would enable replacement parts to be manufactured. [2] While this issue is not yet resolved, the debate over the right-to-repair will likely continue to gain momentum throughout the country.

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Taylor Trenta is a pre-law student at Calvin University, located in Grand Rapids, Michigan. She is currently studying history and economics as an Honors Scholars student.

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[1] Clark, Peter Allen. (January 23, 2023). “Flood of “right to repair” bills signals DIY watershed.” Axios. AxiosFlood of "right to repair" bills signals watershed moment for movementThe “Right to Repair” movement championing owners' freedom to fix everything from smartphones to tractors is set for a landmark new year,....Jan 23, 2023.

[2] Weiss, Benjamin S. (July 18, 2023). “Congress takes on ‘right to repair’ consumer reforms.” Courthouse News. Courthouse News ServiceCongress takes on 'right to repair' consumer reformsLawmakers want federal copyright law amended so that third parties can access the parts and data necessary to repair cars, electronics and....4 weeks ago.

[3] Michigan Gov. (March 28, 2023). “AG Nessel Joins Coalition Urging Congress to Pass Right-To-Repair Legislation.” Michigan Gov. https://www.michigan.gov/ag/news/press-releases/2023/03/28/ag-nessel-joins-coalition-urging-congress-to-pass-right-to-repair-legislation.

[4] Needham, Bob. (August 7, 2023). “Perzanowski Testifies at Congressional Subcommittee on Right to Repair.” Michigan Law.

https://michigan.law.umich.edu/news/perzanowski-testifies-congressional-subcommittee-right-repair.

[5] McDermott, Eileen. (July 18, 2023). “House IP Subcommittee Mulls Copyright and Design Patent Revisions Amid Right-to-Repair Debate.” IP Watchdog.

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thetoxicgamer · 11 months

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Nintendo blocks Steam release of Wii emulator Dolphin

Update 5/28/23: This article initially referred to Nintendo's letter to Valve as a DMCA takedown request since Nintendo references the Digital Millennium Copyright Act's provisions while asserting that Dolphin "violates Nintendo's intellectual property rights." Nintendo's letter, nevertheless, lacks copyright violation, one of the essential elements of a DMCA takedown request, because Dolphin isn't currently accessible for distribution on Steam. "I would characterize this NOT as a DMCA take down notice and instead as a warning shot that the software, Dolphin, if released on Steam would (in Nintendo’s view) violate the DMCA," says attorney Kellen Voyer of Voyer Law, which specializes in intellectual property and technology law. "Here, there is no allegation that Valve is currently hosting anything that infringes Nintendo’s copyright or, more broadly, violates the DMCA. Rather, Nintendo is sending clear notice to Valve that it considers Dolphin to violate the DMCA and should it be released on Steam, Nintendo will likely take further action. Given that Valve controls what is available on its store, it made the decision not to wade into any dispute between the Dolphin developers and Nintendo and, instead, followed Nintendo’s preemptive request and took down the Steam page." Valve has not yes responded to a request for comment. The story below has been updated to correct the language around the nature of Nintendo's letter. On Friday, the developers behind open source GameCube and Wii emulator Dolphin received a legal notice from Nintendo warning against Dolphin's impending release on Steam. The development team launched a Steam page on March 28 and announced it on the Dolphin blog, writing: "We're pleased to finally tell the world of our experiment. This has been the product of many months of work, and we look forward to getting it into users' hands soon!" The legal notice, reviewed by PC Gamer, is addressed to Valve's legal department and dated May 26, 2023. "Because the Dolphin emulator violates Nintendo’s intellectual property rights, including but not limited to its rights under the Digital Millennium Copyright Act (DMCA)’s Anti-Circumvention and AntiTrafficking provisions, 17 U.S.C. § 1201, we provide this notice to you of your obligation to remove the offering of the Dolphin emulator from the Steam store," reads the document. Under the DMCA, takedown notices are sent to service providers—Valve, in this case—who then must notify the allegedly infringing party. However, as this letter was a "warning shot" rather than a notice of specific copyright infringement, it does not follow the mechanism of a DMCA takedown. In a standard takedown situation, the Dolphin development team would have the option to file a counter-notice with Valve if it believed the emulator did not violate the DMCA. If the team did file a counterclaim, as explained by Copyright Alliance, Nintendo would have two weeks to decide whether to sue. If it didn't Dolphin could then potentially be re-added to Steam. But in Friday's incident, Valve voluntarily chose to remove Dolphin's Steam store page simply based on a warning from Nintendo, meaning Dolphin's only route back onto the store is a discussion with Valve. The bigger questions are whether Nintendo would issue an official DMCA takedown notice if Dolphin was released on Steam or truly pursue legal action—and if it did, what would happen. A ruling in either direction would have far-reaching implications for emulation, as most if not all emulators of modern game systems could likely be held in violation of the DMCA's anti-circumvention provisions if Nintendo were to win the case. If a ruling went in Dolphin's favor, it would likewise be a major vindication for the emulation scene. Previous lawsuits to do with emulation, filed by Sony against Bleem! and Connectix, both found that the emulators had not violated copyright with their use of the PlayStation BIOS and firmware. Those lawsuits have long been used as a precedent to uphold emulation as legal in the United States, but it's a complex topic, and Nintendo's case here would likely be argued on different legal grounds. The letter sent to Valve cites the anti-circumvention language of the DMCA and specifically claims that "the Dolphin emulator operates by incorporating these cryptographic keys without Nintendo’s authorization and decrypting the ROMs at or immediately before runtime. Thus, use of the Dolphin emulator unlawfully 'circumvent a technological measure that effectively controls access to a work protected under' the Copyright Act." For the time being Dolphin will remain off Steam. Its Github page and website remain unaffected—the emulator developers have received no direct contact from Nintendo or takedown notices targeting the other places where the emulator is hosted. "It is with much disappointment that we have to announce that the Dolphin on Steam release has been indefinitely postponed," the Dolphin development team stated on its blog Friday. "We are currently investigating our options and will have a more in-depth response in the near future." I've asked Valve for comment on the DMCA notice and will update this story if I receive a reply. Read the full article

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cloudtales · 1 year

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DC Circuit Evades Important Questions in Disappointing Ruling on Section 1201 of the DMCA

The Court of Appeals for the DC Circuit has issued a disappointing ruling in the case of Green v. DOJ. The ruling left intact a law that has stifled speech and innovation for decades and forced researchers, advocates, teachers, and tinkerers to beg for government permission to do their work. The silver lining: it left many issues in the case to be determined another day. We partnered with law…

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rotting-in-your-arms · 1 year

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pirating programs and media is always morally correct

everyone should have a vpn and a torrent client

dead men can't hold copyright

patents should be abolished

modern works should be able to enter the public domain

non-commercial copying, distribution, and remixing should be legal

internet services such as youtube and twitch should not be able to strike users for copyright violations unless they can undeniably prove the content to be a violation in the first place

streamers should be allowed to play whatever background music they want, it is free advertising

DRM software should be banned

DMCA Section 1201 should be abolished

net neutrality should be reinstated

corporations should not be able to influence congress to their benefit

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mostlysignssomeportents · 7 months

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Apple fucked us on right to repair (again)

Today (September 22), I'm (virtually) presenting at the DIG Festival in Modena, Italy. Tonight, I'll be in person at LA's Book Soup for the launch of Justin C Key's "The World Wasn’t Ready for You." On September 27, I'll be at Chevalier's Books in Los Angeles with Brian Merchant for a joint launch for my new book The Internet Con and his new book, Blood in the Machine.

Right to repair has no cannier, more dedicated adversary than Apple, a company whose most innovative work is dreaming up new ways to sneakily sabotage electronics repair while claiming to be a caring environmental steward, a lie that covers up the mountains of e-waste that Apple dooms our descendants to wade through.

Why does Apple hate repair so much? It's not that they want to poison our water and bodies with microplastics; it's not that they want to hasten the day our coastal cities drown; it's not that they relish the human misery that accompanies every gram of conflict mineral. They aren't sadists. They're merely sociopathically greedy.

Tim Cook laid it out for his investors: when people can repair their devices, they don't buy new ones. When people don't buy new devices, Apple doesn't sell them new devices. It's that's simple:

https://www.inverse.com/article/52189-tim-cook-says-apple-faces-2-key-problems-in-surprising-shareholder-letter

So Apple does everything it can to monopolize repair. Not just because this lets the company gouge you on routine service, but because it lets them decide when your phone is beyond repair, so they can offer you a trade-in, ensuring both that you buy a new device and that the device you buy is another Apple.

There are so many tactics Apple gets to use to sabotage repair. For example, Apple engraves microscopic Apple logos on the subassemblies in its devices. This allows the company to enlist US Customs to seize and destroy refurbished parts that are harvested from dead phones by workers in the Pacific Rim:

https://repair.eu/news/apple-uses-trademark-law-to-strengthen-its-monopoly-on-repair/

Of course, the easiest way to prevent harvested components from entering the parts stream is to destroy as many old devices as possible. That's why Apple's so-called "recycling" program shreds any devices you turn over to them. When you trade in your old iPhone at an Apple Store, it is converted into immortal e-waste (no other major recycling program does this). The logic is straightforward: no parts, no repairs:

https://www.vice.com/en/article/yp73jw/apple-recycling-iphones-macbooks

Shredding parts and cooking up bogus trademark claims is just for starters, though. For Apple, the true anti-repair innovation comes from the most pernicious US tech law: Section 1201 of the Digital Millennium Copyright Act (DMCA).

When Congress passed this stupid law in 1998, it had a very limited blast radius. Computers were still pretty expensive and DRM use was limited to a few narrow categories. In 1998, DMCA 1201 was mostly used to prevent you from de-regionalizing your DVD player to watch discs that had been released overseas but not in your own country.

But as we warned back then, computers were only going to get smaller and cheaper, and eventually, it would only cost manufacturers pennies to wrap their products – or even subassemblies in their products – in DRM. Congress was putting a gun on the mantelpiece in Act I, and it was bound to go off in Act III.

Welcome to Act III.

This process has many names, but because it was first used in the automotive sector, it's widely known as VIN-Locking (VIN stands for "vehicle identification number," the unique number given to every car by its manufacturer). VIN-locking is used by automakers to block independent mechanics from repairing your car; even if they use the manufacturer's own parts, the parts and the engine will refuse to work together until the manufacturer's rep keys in the unlock code:

https://pluralistic.net/2023/07/24/rent-to-pwn/#kitt-is-a-demon

VIN locking is everywhere. It's how John Deere stops farmers from fixing their own tractors – something farmers have done literally since tractors were invented:

https://pluralistic.net/2022/05/08/about-those-kill-switched-ukrainian-tractors/

It's in ventilators. Like mobile phones, ventilators are a grotesquely monopolized sector, controlled by a single company Medtronic, whose biggest claim to fame is effecting the world's largest tax inversion in order to manufacture the appearance that it is an Irish company and therefore largely untaxable. Medtronic used the resulting windfall to gobble up most of its competitors.

During lockdown, as hospitals scrambled to keep their desperately needed supply of ventilators running, Medtronic's VIN-locking became a lethal impediment. Med-techs who used donor parts from one ventilator to keep another running – say, transplanting a screen – couldn't get the device to recognize the part because all the world's civilian aircraft were grounded, meaning Medtronic's technicians couldn't swan into their hospitals to type in the unlock code and charge them hundreds of dollars.

The saving grace was an anonymous, former Medtronic repair tech, who built pirate boxes to generate unlock codes, using any housing they could lay hands on to use as a case: guitar pedals, clock radios, etc. This tech shipped these gadgets around the world, observing strict anonymity, because Article 6 of the EUCD also bans circumvention:

https://pluralistic.net/2020/07/10/flintstone-delano-roosevelt/#medtronic-again

For many years, Apple was the senior partner and leading voice in blocking state Right to Repair bills, which it killed by the dozen, leading a coalition of monopolists, from Wahl (who boobytrap their hair-clippers with springs that cause their heads irreversibly decompose if you try to sharpen them at home) to John Deere (who reinvented tenant farming by making farmers tenants of their tractors, rather than their land).

But Apple's opposition to repair eventually became a problem for the company. It's bad optics, and both Apple customers and Apple employees are volubly displeased with the company's ecocidal conduct. But of course, Apple's management and shareholders hate repair and want to block it as much as possible.

But Apple knows how to Think Differently. It came up with a way to eat its cake and have it, too. The company embarked on a program of visibly support right to repair, while working behind the scenes to sabotage it.

Last year, Apple announced a repair program. It was hilarious. If you wanted to swap your phone's battery, all you had to do was let Apple put a $1200 hold on your credit card, and then wait while the company shipped you 80 pounds' worth of specialized tools, packed in two special Pelican cases:

https://pluralistic.net/2022/05/22/apples-cement-overshoes/

Then, you swapped your battery, but you weren't done! After your battery was installed, you had to conference in an authorized Apple tech who would tell you what code to type into a laptop you tethered to the phone in order to pair it with your phone. Then all you had to do was lug those two 40-pound Pelican cases to a shipping depot and wait for Apple to take the hold off your card (less the $120 in parts and fees).

By contrast, independent repair outfits like iFixit will sell you all the tools you need to do your own battery swap – including the battery! for $32. The whole kit fits in a padded envelope:

https://www.ifixit.com/products/iphone-x-replacement-battery

But while Apple was able to make a showy announcement of its repair program and then hide the malicious compliance inside those giant Pelican cases, sabotaging right to repair legislation is a lot harder.

Not that they didn't try. When New York State passed the first general electronics right-to-repair bill in the country, someone convinced New York Governor Kathy Hochul to neuter it with last-minute modifications:

https://arstechnica.com/gadgets/2022/12/weakened-right-to-repair-bill-is-signed-into-law-by-new-yorks-governor/

But that kind of trick only works once. When California's right to repair bill was introduced, it was clear that it was gonna pass. Rather than get run over by that train, Apple got on board, supporting the legislation, which passed unanimously:

https://www.ifixit.com/News/79902/apples-u-turn-tech-giant-finally-backs-repair-in-california

But Apple got the last laugh. Because while California's bill contains many useful clauses for the independent repair shops that keep your gadgets out of a landfill, it's a state law, and DMCA 1201 is federal. A state law can't simply legalize the conduct federal law prohibits. California's right to repair bill is a banger, but it has a weak spot: parts-pairing, the scourge of repair techs:

https://www.ifixit.com/News/69320/how-parts-pairing-kills-independent-repair

Every generation of Apple devices does more parts-pairing than the previous one, and the current models are so infested with paired parts as to be effectively unrepairable, except by Apple. It's so bad that iFixit has dropped its repairability score for the iPhone 14 from a 7 ("recommend") to a 4 (do not recommend):

https://www.ifixit.com/News/82493/we-are-retroactively-dropping-the-iphones-repairability-score-en

Parts-pairing is bullshit, and Apple are scum for using it, but they're hardly unique. Parts-pairing is at the core of the fuckery of inkjet printer companies, who use it to fence out third-party ink, so they can charge $9,600/gallon for ink that pennies to make:

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

Parts-pairing is also rampant in powered wheelchairs, a heavily monopolized sector whose predatory conduct is jaw-droppingly depraved:

https://uspirgedfund.org/reports/usp/stranded

But if turning phones into e-waste to eke out another billion-dollar stock buyback is indefensible, stranding people with disabilities for months at a time while they await repairs is so obviously wicked that the conscience recoils. That's why it was so great when Colorado passed the nation's first wheelchair right to repair bill last year:

https://www.eff.org/deeplinks/2022/06/when-drm-comes-your-wheelchair

California actually just passed two right to repair bills; the other one was SB-271, which mirrors Colorado's HB22-1031:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB271

This is big! It's momentum! It's a start!

But it can't be the end. When Bill Clinton signed DMCA 1201 into law 25 years ago, he loaded a gun and put it on the nation's mantlepiece and now it's Act III and we're all getting sprayed with bullets. Everything from ovens to insulin pumps, thermostats to lightbulbs, has used DMCA 1201 to limit repair, modification and improvement.

Congress needs to rid us of this scourge, to let us bring back all the benefits of interoperability. I explain how this all came to be – and what we should do about it – in my new Verso Books title, The Internet Con: How to Seize the Means of Computation.

https://www.versobooks.com/products/3035-the-internet-con

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/2023/09/22/vin-locking/#thought-differently

Image: Mitch Barrie (modified) https://commons.wikimedia.org/wiki/File:Daytona_Skeleton_AR-15_completed_rifle_%2817551907724%29.jpg

CC BY-SA 2.0 https://creativecommons.org/licenses/by-sa/2.0/deed.en

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#pluralistic #vin locking #apple #right to repair #california #ifixit #iphones #sb244 #parts pairing #serialization #dmca 1201 #felony contempt of business model #ewaste #repairwashing #fuckery

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