Save the date: A Day Against DRM, 2010 May 04

DefectiveByDesign.org recently published an article entitled “The decade of DRM.” Included among the events were four events prior to 2000 that would set the stage for the introduction and proliferation of DRM (digital restrictions management), arguably one of the biggest steps backward for computing freedom ever.

Even as far back as 2000, a lot of devices that we do not ordinarily think of as computers are in fact exactly that. Television sets, VCRs, CD players, DVD players, portable audio players, mobile phones, copiers, printers, scanners, fax machines, and the list goes on; all of these have computers (microprocessor-based logic) built into them somewhere. In 1980, this was unheard of, but now, it’s a fact of life. I still remember my late grandfather’s rants about these new cars with “all this computer [excrement]” that made them much more difficult to fix.

We have yet to change one thing, and it’s probably one thing that should not be changed. Computers are still, by themselves, incredibly dumb. One would think this, by itself, would discourage widespread adoption of DRM. Sadly, this is not the case.

The recording industry (RIAA) has realized DRM is not in their best interests. However movies, e-books, and cable television continue to be saddled with obnoxious restrictions. It’s often said that locks only keep honest people honest, and this is the same with DRM which is just a cyberspace equivalent of a fancy padlock. Those who do not respect copyright or draconian laws like the DMCA will crack the DRM and share anyway. CSS (not the stylesheet language, the DVD encryption method) was cracked very on in the lifespan of the DVD format. The Blu-Ray AACS key has been changed several times, and it just gets cracked again and again. Copies of these movies, as well as scans of books in PDF form, are easily obtainable on peer-to-peer file sharing networks and sites.

Meanwhile, people who have legitimately paid for video and audio recordings get unwelcome surprises when license servers disappear and they try to play recordings they “own” on a new computer. (The term “own” and “ownership” is kind of pointless with DRM, as even if one still has a copy of the recording, it can be rendered useless on an arbitrary basis. It’s like having a CD, DVD, or book that can just vanish or turn to dust without warning.) Don’t believe me? Ask these baseball fans who got bitten by MLB’s change in DRM licensing servers. Or the many people who bought into Microsoft’s PlaysForSure DRM scheme.

Perhaps the worst example, however, is when Amazon reached in to thousands of Kindle e-book readers it sold and erased copies of George Orwell’s book 1984, back in 2009 July. The content of the book itself makes the message even more chilling than it would otherwise have been.

DRM is an anti-social technology and I feel it is out of place in a world where “social media” is the new buzzword. The sooner it dies, the better.

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Rotten Apple dealings, part number gee-I-lost-count

I’m combining my commentary from these three recent stoies into one post, because they are all about Apple’s latest shenanigans and I don’t want to post three in a row.

The first two are about yet more arbitrary iPhone app rejections. ZDNet’s The Apple Core blog reports on Apple taking out certain wi-fi discovery applications, on the grounds they use an undocumented interface (i.e. something Apple decided was too good to let just any old programmer use). Another one is more troubling; TechCrunch reports on the phone radiation monitoring application Tawkon and its denial.

Both of these examples have something in common: they highlight the arbitrary nature by which iPhone applcation developers can be put out of business. As it stands now, the iPhone developers are at the mercy of Apple.

With regard to wi-fi discovery, the responsible thing to do would be to open up the API (interface), properly document it, and ensure that every programmer who wishes to use it may. I’m not sure of the gory details, but this certainly smacks of something Apple would just do on a whim. At least one of the applications in question is releasing a version for jailbroken iPhones, though again I will note that jailbreaking shouldn’t even be necessary to begin with.

Tawkon actually performs a very useful function, something that really should be built into most mobile phone handsets. It’s sad, but unfortunately no big surprise, that Apple’s own interest (covering up exactly how much radio frequency emissions come from its product) trumps those of the people who wish to make money by selling such an application. Does Apple really have something to hide here? I would not be surprised if the final, Apple-approved version of Tawkon is crippled beyond usefulness.

The last article is about the iPad and Associated Press, courtesy of TechJackal. Apparently the good old AP is planning to offer a paid service to read its news articles on the iPad. Yes, the same ones available for free via the web.

The closed model of the iPad breeds greedy schemes like this of dubious merit. It’s a great deal for the AP and Apple, and a lousy deal for the people out there who have placed their trust in Apple by buying their wares. I know, it’s nothing really new. It’s sad that we have so many Apple lemmings out there willing to jump on the company’s latest offering, none of whom even care about the implications behind Apple’s unfortunate use of Digital Restrictions Management (DRM) where it is clearly not needed and works to the detriment of its customers.

Shame on you, Apple. Your customers and developers deserve better than this.

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No room for egregious racist vandalism

First the UCSD incident, and now this.

Several news reports, most notably KMBC, kansascity.com, the Columbia Missourian, and this picture from theroot.com detail an incident at the University of Missouri where someone (assumably a pair of students) litters the area in front of the Gaines/Oldham Black Culture Center with cotton balls. For those that don’t get what makes this racist, it’s a reference to picking cotton as slave labor.

From the kansascity.com article:

Cotton balls were strewn across the [Gaines/Oldham] center’s lawn, walkway and bushes between 1:30 and 2:30 a.m. Police said two people were seen running from the center grounds.

To their credit, the university’s staff are taking this seriously, and held a town hall meeting on the Monday night following this Friday morning incident. Jessica Silverman posted an account of this meeting to her Twitter account (skip directly to tweets about the town hall meeting). For the impatient, I’ll summarize the key points below:

  • Tim Noce, the MSA president, connecting this to not only the UCSD “Compton cookout” incident but also a UT incident against the LGBTQ community.
  • Michael Middleton, Deputy Chancellor, stating the entire university has been offended, and cracking a joke of questionable taste.
  • Roger Worthington, chief of diversity with MU police, who briefed the attendees on the investigation and mentioned talking to the FBI in Kansas City. “This was a hostile act against University of Missouri… We should respond as one Mizzou to this incident.”
  • Student concerns about lack of funding for security cameras, lack of black faculty (MU lost 9 black faculty members in the last 3 years), and cutting funding for the Black Culture Center.

Indeed, as reported in The Maneater and the Columbia Missorian since I began writing this post, the students suspected of involvement (identified as Zachary Tucker and Sean Fitzgerald) have been arrested on charges of tampering in the second degree, and at least temporarily suspended from the university. As it turns out, there is a provision in the Missouri state law for enhancing this particular charge to a class D felony, punishable by up to 4 years in prison and a fine up to $5,000 (normally, second-degree tampering is usually only a class A misdemeanor, punishable by up to 1 year in jail and a $1,000 fine).

My take on this? I’m quite horrified that this type of action would take place in 2010. We, as a society, need to make a stand together and say that there is no room for this type of egregious, vile, and putrid intolerance. I’m frightened that someone considering a military career (both were in the Navy ROTC program), entrusted with the protection of our country, would dare to be involved in a senseless show of bigotry.

I saw at least one comment (on the story at The Maneater) expressing the belief a felony charge is too harsh:

9:18 a.m., March 6, 2010

Wm. Fred. Moore said:

I think that it’s way overkill to sock these guys with a felony! Unless they’ve demonstrated that they’re guilty of worse than the cotton ball prank,give them some reorientation and let them continue to grow at M.U.

(There were others expressing a similar sentiment, but I think this one is the most illustrative.)

And I disagree completely. I think given the circumstances, this overt act of disrespect and hate for human beings based primarily on skin color is felonious. I hope that by making an example of the students involved in this incident that it will deter others from such egregious acts.

I concede that they have a right to their view. Vandalism was an entirely inappropriate way to go about expressing it, and as such should be dealt with severely.

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Apple flexing its “control freak” muscles

John Gruber’s recent post to Daring Fireball theorizes exactly why Apple has decided to crack down on sex apps in the App Store. While the explanation is plausible, it does not excuse Apple’s censorship and draconian control over the iPhone’s users and developers.

In summary, John explains the move as Apple protecting its brand image, inasmuch as the App Store is part of that brand image. While that’s understandable, Apple’s move still comes down to playing nanny and acting as final arbiter of what iPhone users can legally put on their iPhone. It’s an awful lot of control to exert on customers after they have already purchased a rather expensive device.

If there were legal alternatives to the App Store this would be less of an issue. (I’m assuming many, if not most, iPhone users are unwilling to enter the risky world of jailbreaking since this voids the warranty and Apple still asserts jailbreaking is illegal under the DMCA, and will always be officially unsupported.) If Apple is worried about its brand image, how about letting other companies run their own App Stores for the iPhone? That way, Apple keeps its brand clean, the porn freaks get their fix, and everyone’s happy.

Most of my beef with the iPhone would disappear if the following were the situation instead:

  1. An individual iPhone user has every choice available when deciding what apps are on that device, even those that Apple has not given its “iPhone nanny stamp of approval” to;
  2. Developers are able to approach alternative venues to sell applications where Apple denies approval in its store; and
  3. There is no longer a need to “jailbreak” an iPhone to accomplish either of these.

For Apple to let other companies run their own App Stores, or even individual software authors being allowed to offer apps direct to the public, would mean Apple gives up some degree of control. I think control is what this is really about and brand image is only a contributing factor. The lesson is clear: iPhones never really belong to you. You never really buy an iPhone; as far as being able to control what applications are allowed on it, it’s still Apple’s. “Purchase” is kind of meaningless when all kinds of digital locks are in place to prohibit the purchaser from exercising freedom of choice. I stand behind my analogy that it’s really more like a rental.

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A party without honor

A recent article on the Equal Justice Society’s blog details a rather nauseating tale of intolerance at the University of California, San Diego (USCD).

From the article:

African American students at UC San Diego were shocked and demoralized by a “Compton Cookout” that took place this past Monday February 15.

According to the Facebook invitation, students from several fraternities organized this party in honor of Black History Month, inviting guests to “experience the various elements of life in the ghetto.”

And further on:

After protests from the Black Student Union and African American students on campus, on the evening of February 18, 2010, several students broke into the university-funded television station SR-TV in support of the Compton cookout, calling the African American community “ungrateful [racial slur].” Upon investigation of the program host’s media offices, the campus discovered a note on the studio floor with the words “Compton lynching.”

(The original is uncensored; I can’t bring myself to actually publish that word on my blog.)

I’m horrified that anyone, anywhere, deems this acceptable conduct. This kind of thing is absolutely, positively vile and putrid beyond redemption.

USCD now has a huge black mark on its reputation, especially in light of the fact the same group has planned another “Compton Cookout” this month–proving it’s not just a one-time mockery of Black History Month.

This is clearly hate speech and to allow it to persist makes places like USCD a lot worse. I hope the administration squashes this kind of overtly hateful act and fully sanctions those reponsible. At minimum, and only if there are massively mitigating circumstances, the culprits should be put on disciplinary probation and required to attend counseling. A far more appropriate response would be long-term suspensions or even expulsions from the university.

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The case of the disappearing Facebook accounts

The DigitalBeat column on VentureBeat recently reported on a case where three critics of Facebook had their accounts mysteriously deactivated.

Juan Faerman, an author in Argentina who wrote a book called Faceboom, the cover of which has the title rendered in a font which easily could be mistaken for Facebook’s official logo, had his profile deactivating shortly after releasing the book, along with two others involved in the book and its marketing.

More troubling than that is Facebook shut down a group for fans of the book, which the trio claims had 30,000 fans at the time of shutdown. This smacks of censorship. It is one thing to claim trademark infringement due to similarities between the book’s cover and the official Facebook logo, but I feel Facebook crossed way over the line here.

Most troubling is that it took VentureBeat’s inquiry as well as an uproar in Latin American media in order for Juan to get his account back. This is unacceptable. Shame on you, Facebook.

At one time I wrote, but did not publish, a no-nonsense parody of one of Facebook’s help files. Which one, you ask? Okay, I’ll come clean. I parodied the one about the block function after someone blocked me. I was hesitant to publish it, if for no other reason because I’m not sure where it should go. It’s too good, and unfortunately, also a bit too no-nonsense and too profane to put in a blog post.

I’d like to think Facebook wouldn’t deactivate my account over it, though. The case for a distributed social network that cannot be arbitrarily censored by any one party is a lot closer to being made if Facebook were to do so, however.

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Illogical beyond words: Italy vs. Google

Normally I relish the opportunity to roast large companies like Google and hold them accountable. In this case, however, no sane person can possibly side with Google’s opponent, the Italian government, in this case.

This TechCrunch story links to a post on the official Google blog which describes a situation where three Google employees were found criminally responsible for failing to comply with the Italian privacy code in relation to a video uploaded by a YouTube user in Italy. A fourth Google employee was acquitted. From the Google blog post:

To be clear, none of the four Googlers charged had anything to do with this video. They did not appear in it, film it, upload it or review it. None of them know the people involved or were even aware of the video’s existence until after it was removed.

… In essence this ruling means that employees of hosting platforms like Google Video are criminally responsible for content that users upload. We will appeal this astonishing decision because the Google employees on trial had nothing to do with the video in question. Throughout this long process, they have displayed admirable grace and fortitude. It is outrageous that they have been subjected to a trial at all.

This is paramount to holding employees of an automobile manufacturer such as Ford or GM criminally liable for a drunk driver’s actions (or for that matter, someone at, say, a Budweiser or Coors plant). It’s crazy. It’s dumb. In fact “galactically stupid” and “box of rocks dumb” don’t really do it justice at all.

I’m not even sure the wording used to describe the intelligence of a computer in a book I read as a kid would do it. That book described a computer as having the intelligence of a very stupid worm. To compare this judge’s intelligence to the stupidest of the worms would be an insult to the worms.

I feel compelled to drag out the quote from the FSF’s “Some Confusing or Loaded Words and Phrases That Are Worth Avoiding” yet again:

The idea that laws decide what is right or wrong is mistaken in general. Laws are, at their best, an attempt to achieve justice; to say that laws define justice or ethical conduct is turning things upside down.

Never has this been clearer than this instance. If the judge is applying the law correctly, then the law is more broken than the result of dropping a grand piano from an airliner. If not, then this should be reversed on appeal and the judge stripped of his authority.

If allowed to stand, this is a horrifying threat to the Internet as we know it, and it may not remain confined to Italy and Italian law. I concur with this quote later in the post:

[W]e are deeply troubled by this conviction for another equally important reason. It attacks the very principles of freedom on which the Internet is built. Common sense dictates that only the person who films and uploads a video to a hosting platform could take the steps necessary to protect the privacy and obtain the consent of the people they are filming.

Indeed, common sense isn’t so common anymore. Remember this if you’re travelling to Italy.

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The proprietary software cartel and the IIPA

Russell McOrmond’s blog entry on Digital Copyright Canada chronicles a recent statement by the IIPA (International Intellectual Property Alliance, a name which should have been avoided due to obvious bias). The IIPA attacks legally free software in their submissions to six different countries.

Now, having a legally free alternative to something like Microsoft Windows or Adobe Photoshop would in and of itself discourage infringement of those companies’ copyrights, particularly in countries where the economy simply cannot sustain the same (ridiculous, in my opinion) licensing fees as those charged in the US. As Russell states in his post:

The fact the IIPA is encouraging countries to have policies which increase infringement rather than have people switch to competing software is telling about their actual goals.

The idea of computer users having freedom is anathema to Microsoft, Adobe, Apple, and other members of the proprietary software cartel. The prevalence of terminology like “open source” only serves to underscore the real problem: lack of comfort putting words like “free software” and “freedom” out in the open where they belong.

The proprietary software cartel thrives on this kind of thing; even Microsoft has thrown a few bones to the “open source” crowd, including their own hosting site Codeplex (a rather poor replacement for Sourceforge, with click-wrap licensing on the download pages that is gratuitously incompatible with non-Javascript browsers). Microsoft has also taken advantage of the confusion to release certain programs under licenses which look very similar to free software licenses, but which in fact require the derivative works to still run under Microsoft Windows. This is the danger of “open source” as these licenses no doubt would qualify under a layman’s definition of the term “open source” yet violate the core principle of the free software movement.

I had high hopes for Adobe truly freeing Flash after it acquired Macromedia (the originators of Flash). Instead, Flash is just as locked up as it always was. Thankfully PDF has not suffered the same fate–yet.

Indeed, the cartel which prospers by taking the freedom away from computer users would rather see those users give up their freedom and not pay the license fee, than choose freedom and use software not controlled by the cartel. It’s not unlike the drug pusher that offers the free hit.

And I know this is a bit of a tangent, but this is what burns me up about companies like Microsoft being allowed to pay off judgments in product; this plays right into their hands and is practically a reward for breaking the law. The next time Microsoft loses such a case, how about a judgment requiring a donation to the FSF and computer hardware shipped either with a GNU variant or without an operating system? For Adobe, how about a required donation to the GIMP and Inkscape development teams? You get the idea. **That** will be a deterrent.

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