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DRM

Over 50 PC Games Are Incompatible With Intel's Alder Lake CPUs Due To DRM (pcmag.com) 74

An anonymous reader quotes a report from PCMag: Intel has posted a release that the hybrid CPU core architecture on Alder Lake can be incompatible with certain games, specifically some protected by the anti-piracy DRM software from Denuvo. This was confirmed in our review of the Core i9-12900K when we tried to run the hit AAA Ubisoft title Assassin's Creed: Valhalla, part of our processor benchmark suite. The game would crash halfway through the test run, or simply not boot in at all. The errors occur because Denuvo's DRM software will mistakenly think the so-called "Performance-cores" and "Efficiency-cores" (P-cores and E-cores) on the chip belong to two separate PCs, when in reality the two types of processing cores are running on the same Alder Lake processor. (This P-core/E-core design is a new trait of Intel's chips with Alder Lake.)

Intel was originally mum on which specific games were affected, making it unclear the scale of the problem; the company cited "32" in pre-release briefings to the tech press. Whether these would be marginal titles or blockbusters we did not know, as hundreds of games use the Denuvo DRM scheme. But on Thursday, the company published a list of every PC title known to it that has incompatibility issues with Alder Lake. It spans 51 games, including For Honor, Mortal Kombat 11, Star Wars Jedi Fallen Order, and Shadow of the Tomb Raider, as well as the Assassin's Creed: Valhalla game we observed the issue on. Intel says it is working with game developers to roll out a software fix, although the company notes that some of the affected DRM-protected titles can run fine, so long as your PC is on Windows 11. In the meantime, the company says it has come up with a workaround that can run any of the affected games on Alder Lake. But it'll do so by placing the efficiency cores on standby.
"According to Intel, 22 of the games won't work on Alder Lake under both Windows 10 and Windows 11," adds PCMag. "[T]he remaining 29 titles [...] will suffer incompatibility problems, but only when run on Windows 10. So owners can also solve the issue by updating their PCs to Windows 11 or using the Scroll Lock workaround if available."
DRM

Blind People Won the Right to Break Ebook DRM. In 3 Years, They'll Have to Do It Again (wired.com) 34

Advocates will once again be granted a DMCA exception to make accessible versions of texts. They argue that it's far past time to make it permanent. From a report: It's a cliche of digital life that "information wants to be free." The internet was supposed to make the dream a reality, breaking down barriers and connecting anyone to any bit of data, anywhere. But 32 years after the invention of the World Wide Web, people with print disabilities -- the inability to read printed text due to blindness or other impairments -- are still waiting for the promise to be fulfilled. Advocates for the blind are fighting an endless battle to access ebooks that sighted people take for granted, working against copyright law that gives significant protections to corporate powers and publishers who don't cater to their needs. For the past year, they've once again undergone a lengthy petitioning process to earn a critical exemption to the 1998 Digital Millennium Copyright Act that provides legal cover for people to create accessible versions of ebooks.

Baked into Section 1201 of the DMCA is a triennial process through which the Library of Congress considers exceptions to rules that are intended to protect copyright owners. Since 2002, groups advocating for the blind have put together lengthy documents asking for exemptions that allow copy protections on ebooks to be circumvented for the sake of accessibility. Every three years, they must repeat the process, like Sisyphus rolling his stone up the hill. On Wednesday, the US Copyright Office released a report recommending the Librarian of Congress once again grant the three-year exemption; it will do so in a final rule that takes effect on Thursday. The victory is tainted somewhat by the struggle it represents. Although the exemption protects people who circumvent digital copyright protections for the sake of accessibility -- by using third-party programs to lift text and save it in a different file format, for example -- that it's even necessary strikes many as a fundamental injustice.

"As the mainstream has embraced ebooks, accessibility has gotten lost," says Mark Riccobono, president of the National Federation of the Blind. "It's an afterthought." Publishers have no obligation to make electronic versions of their books accessible to the blind through features like text-to-speech (TTS), which reads aloud onscreen text and is available on whichever device you're reading this article. More than a decade ago, publishers fought Amazon for enabling a TTS feature by default on its Kindle 2 ereader, arguing that it violated their copyright on audiobooks. Now, publishers enable or disable TTS on individual books themselves. Even as TTS has become more common, there's no guarantee that a blind person will be able to enjoy a given novel from Amazon's Kindle storefront, or a textbook or manual. That's why the exemption is so important -- and why advocates do the work over and over again to secure it from the Library of Congress. It's a time-consuming and expensive process that many would rather do away with.

GNU is Not Unix

FSF Warns Windows 11 'Deprives Users of Freedom and Digital Autonomy' (fsf.org) 121

"October 5 marks the official release of Windows 11, a new version of the operating system that doesn't do anything at all to counteract Windows' long history of depriving users of freedom and digital autonomy," writes Free Software Foundation campaigns manager Greg Farough.

"While we might have been encouraged by Microsoft's vague, aspirational slogans about community and togetherness, Windows 11 takes important steps in the wrong direction when it comes to user freedom." Microsoft claims that "life's better together" in their advertising for this latest Windows version, but when it comes to technology, there is no surer way of keeping users divided and powerless than nonfree softwarechoosing to create an unjust power structure, in which a developer knowingly keeps users powerless and dependent by withholding information. Increasingly, this involves not only withholding the source code itself, but even basic information on how the software works: what it's really doing, what it's collecting, and how often it's snitching on users. "Snitching" may sound dramatic, but Windows 11 will now require a Microsoft account to be connected to every user account, granting them the ability to correlate user behavior with one's personal identity. Even those who think they have nothing to hide should be wary of sharing potentially all of their computing activity with any company, much less one with a track record of abuse like Microsoft...

We expect Microsoft to use its tighter control on cryptography that happens in Windows as a way to impose more severe Digital Restrictions Management (DRM) onto media and applications, and as a way to ensure that no application can run in Windows without Microsoft's approval. In cases like these, it's no longer appropriate to call a machine running Windows a "personal" computer, as it obeys Microsoft more than it does its user. Indeed, it's bitterly ironic that Microsoft is calling the program that verifies a system's compatibility with Windows 11 a "PC Health Check." We counter that a healthy PC is one that respects its user's wishes, runs free software, and doesn't purposefully restrict them through treacherous computing. It would also never send the user's encryption keys back to its corporate overlords. Intrepid users will likely find a way around this requirement, yet it doesn't change the fact that the majority of Windows users will be forced into a treacherous computing scheme...

Sometimes, Microsoft realizes that it can't be quite so overtly antisocial. We've commented many times before on the hypocrisy involved in saying that Microsoft "loves open source" and "loves Linux," two ways of mentioning free software without reference to freedom. At the same time, Microsoft employees do make contributions to free software, contributions which benefit many others. Yet they do not extend this philosophy to their operating system, and in the last few years, they've made an attempt to impair the ways free software makes "life better together" further by making critical functions of Microsoft GitHub rely on nonfree JavaScript and directing users toward Service as a Software Substitute (SaaSS) platforms. By attacking user freedom through Windows, and the free software community directly by means of nonfree JavaScript, Microsoft proves that it has no plans to loosen its grip on users.

No program that you're forbidden to copy, modify, or share can truly bring people "together" in the way that Microsoft claims.

Thankfully, and right outside the window, there's a true community of users you and your loved ones can join...

Let's stop falling for the trap of chasing short-term, superficial improvements in proprietary software that may seem to make life better, and instead opt for free software, the only software that can support the best versions of ourselves.

The post urges readers to sign (or renew!) their pledge not to use Windows and to help a friend install GNU/Linux, "sending Microsoft the strong message that software that subjugates its users has no place in Windows.... If you don't feel ready to take the plunge and switch entirely, you can use our resources like the Free Software Directory to find programs you can use as starting points for your free software journey."

The post also has harsh words for TPM, warning that "when it's deployed by a proprietary software company, its relationship to the user isn't one based on trust, but based on treachery. When fully controlled by the user, TPM can be a useful way to strengthen encryption and user privacy, but when it's in the hands of Microsoft, we're not optimistic."

And when it comes to Microsoft teams, "it seems that no Windows user can avoid it any longer.... we hope Teams' unpopularity and its newfound, unwanted place in Windows will encourage users to seek out conferencing programs that they themselves can control."
Youtube

YouTube Blocks 31st Ig Nobel Awards Ceremony, Citing Copyright on a Recording from 1914 (improbable.com) 130

The 31st annual Ig Nobel Prizes were awarded at a special ceremony on September 9th, announced the magazine responsible for the event, the Annals of Improbable Research.

But this week they made another announcement. "YouTube's notorious takedown algorithms are blocking the video of the 2021 Ig Nobel Prize ceremony." We have so far been unable to find a human at YouTube who can fix that. We recommend that you watch the identical recording on Vimeo.

Here's what triggered this: The ceremony includes bits of a recording (of tenor John McCormack singing "Funiculi, Funicula") made in the year 1914.

YouTube's takedown algorithm claims that the following corporations all own the copyright to that audio recording that was MADE IN THE YEAR 1914: "SME, INgrooves (on behalf of Emerald); Wise Music Group, BMG Rights Management (US), LLC, UMPG Publishing, PEDL, Kobalt Music Publishing, Warner Chappell, Sony ATV Publishing, and 1 Music Rights Societies"

Microsoft

Fight Piracy With a Blockchain-Based Bounty System, Suggest Microsoft Researchers (torrentfreak.com) 53

TorrentFreak reports: A new paper published by Microsoft's research department proposes to tackle piracy with a blockchain-based bounty system titled "Argus." The system allows volunteers to report piracy in exchange for a reward. It uses the Ethereum blockchain and is transparent, practical, and secure, while limiting abusive reports and errors...

Pirated content is traced back to the source through a unique watermark that corresponds with a secret code. When a pirated copy is reported, the status of the source (licensee) is changed to "accused." The system provides an appeal option, but if that fails, the accused status changes to "guilty...." Whether Microsoft has any plans to test the system in the wild is unknown. It theoretically works with various media types including images, audio and software...

This idea isn't completely new, however, as the South African company Custos came up with a similar idea years ago. Microsoft's research notes that Argus is superior to Custos' solution as it can assess the severity of piracy and the strength of accusations.

TorrentFreak points out that the paper also received input from researchers at Alibaba and Carnegie Mellon University.

I like how the paper referenced the appropriately-named functions for parts of the process, including Report(), Appeal(), and SetGuilty().
Programming

After YouTube-dl Incident, GitHub's DMCA Process Now Includes Free Legal Help (venturebeat.com) 30

"GitHub has announced a partnership with the Stanford Law School to support developers facing takedown requests related to the Digital Millennium Copyright Act (DMCA)," reports VentureBeat: While the DMCA may be better known as a law for protecting copyrighted works such as movies and music, it also has provisions (17 U.S.C. 1201) that criminalize attempts to circumvent copyright-protection controls — this includes any software that might help anyone infringe DMCA regulations. However, as with the countless spurious takedown notices delivered to online content creators, open source coders too have often found themselves in the DMCA firing line with little option but to comply with the request even if they have done nothing wrong. The problem, ultimately, is that freelance coders or small developer teams often don't have the resources to fight DMCA requests, which puts the balance of power in the hands of deep-pocketed corporations that may wish to use DMCA to stifle innovation or competition. Thus, GitHub's new Developer Rights Fellowship — in conjunction with Stanford Law School's Juelsgaard Intellectual Property and Innovation Clinic — seeks to help developers put in such a position by offering them free legal support.

The initiative follows some eight months after GitHub announced it was overhauling its Section 1201 claim review process in the wake of a takedown request made by the Recording Industry Association of America (RIAA), which had been widely criticized as an abuse of DMCA... [M]oving forward, whenever GitHub notifies a developer of a "valid takedown claim," it will present them with an option to request free independent legal counsel.

The fellowship will also be charged with "researching, educating, and advocating on DMCA and other legal issues important for software innovation," GitHub's head of developer policy Mike Linksvayer said in a blog post, along with other related programs.

Explaining their rationale, GitHub's blog post argues that currently "When developers looking to learn, tinker, or make beneficial tools face a takedown claim under Section 1201, it is often simpler and safer to just fold, removing code from public view and out of the common good.

"At GitHub, we want to fix this."
DRM

Denuvo DRM Removed From Upcoming Strategy Game, Dev Blames 'Performance Impact' (arstechnica.com) 56

A video game developer is abandoning the Denuvo DRM platform for its upcoming game's PC version, blaming Denuvo-related performance issues for the decision. An anonymous reader shares an article written by Ars Technica's Sam Machkovech: Amplitude Studios, a French studio known for PC-exclusive 4X strategy games, had previously announced that its next game, Humankind, would ship with a Denuvo implementation in August 2021. This prompted a post titled "The day Amplitude broke my heart" on Amplitude's official forum, with a fan declaring their love of prior Amplitude strategy games and then expressing their disappointment that Humankind had a Denuvo tag on its Steam page. After pointing to their disagreement with Denuvo's practices, including the block of offline-only gameplay, the fan offered a reasonably levelheaded plea: "To be fair, I totally understand why Denuvo was chosen (probably by [Amplitude studio owner] Sega). I understand how important it is for sales to protect the game around release, but PLEASE Amplitude, PLEASE consider to remove Denuvo after some months!" This request lines up with other game publishers' decisions to remove Denuvo protections after a PC game's launch window has passed.

Amplitude co-founder and CCO Romain de Waubert de Genlis replied to the thread on Thursday, July 15, with a surprising announcement: the fan wouldn't have to wait "some months" to see Denuvo removed. Instead, Humankind will launch on August 17 with no Denuvo implementation to speak of. On his company's forum, de Genlis admits that business considerations played into Amplitude's original decision: "We've been one of the most wishlisted games on Steam this year, so we know we're going to be targeted by pirates, more so than any of our previous games," he writes. "If Denuvo can hold off a cracked version, even just for a few days, that can already really help us to protect our launch."

But ultimately, his teammates felt they couldn't justify its inclusion after running into issues. While de Genlis admits that there's a chance his team could have added Denuvo to the game without impacting PC performance, tests during the game's June closed beta showed the performance hit was too great—and that it's "not something we can fix before release. So, we are taking it out." In other words: when left with the choice between delaying the game to optimize a Denuvo implementation and to launch the game without Denuvo at all, Amplitude opted for the latter. "Our priority is always the best possible experience for the players who buy our games and support us," de Genlis writes. "Denuvo should never impact player performance, and we don't want to sacrifice quality for you guys." After this, the topic's creator edited the thread title to read, "The day Amplitude broke my heart (and how they reassembled it)."

DRM

'By 2030, You Won't Own Any Gadgets' (gizmodo.com) 259

"By 2030, technology will have advanced to the point that even the idea of owning objects might be obsolete," argues a thought-provoking new piece by Gizmodo's consumer tech reporter: Back in 2016, the World Economic Forum released a Facebook video with eight predictions it had for the world in 2030. "You'll own nothing. And you'll be happy," it says. "Whatever you want, you'll rent. And it'll be delivered by drone...."

In some ways, not owning things is easier. You have fewer commitments, less responsibility, and the freedom to bail whenever you want. There are upsides to owning less. There's also a big problem... The reality is when you buy a device that requires proprietary software to run, you don't own it. The money you hand over is an entry fee, nothing more. When everything is a lease, you also agree to a life defined by someone else's terms... When hardware is merely a vessel for software and not a useful thing on its own, you don't really get to decide anything. A company will decide when to stop pushing vital updates. It might also decide what you do with the product after it's "dead...." The power has shifted so that companies set the parameters, and consumers have to make do with picking the lesser of several evils...

You can trace much of this back to Section 1201 of the Digital Millennium Copyright Act (DMCA), which basically makes it illegal to circumvent "digital locks" that protect a company's proprietary software... One day in the future, if you buy a physical house, you will likely have to rent the software that operates it. You won't really have a say in the updates that get pushed out, or the features that get taken away. You'll have less of a say in when you renovate or upgrade, even if you want to continue using the house as is. You might not even have the right to do DIY repairs yourself. Just because you've bought a smart washing machine, doesn't mean you'll be allowed to repair it yourself if it breaks — or if you'll be allowed to pick which repair shop can fix it for you. You only have to look as far as John Deere, Apple, and General Motors. Each one of these companies has argued that people who bought their products weren't allowed to repair them unless they were from a pre-approved shop.

The scary thing is that only sounds terrible if you have the mental energy to care about principles.

Making decisions all the time is difficult, and it's easier when someone else limits the options you can choose from. It's not hard to turn a blind eye to a problem if, for the most part, your life is made a little simpler. Isn't that what every tech company says it's trying to do? Make your life a little simpler? Life is hard enough already, and living in a home that maintains itself so long as you hand over control — well, by 2030, who's to say that's not what we'll all want?

DRM

To Help Livestreamers Avoid Copyright Violations, Riot Games Releases an Uncopyrighted Album (bloombergquint.com) 31

League of Legends developer Riot Games released a 37-track album of ambient tunes (now on Spotify, YouTube, and Apple Music) "that will let gamers stream their sessions accompanied by music that doesn't infringe copyright protections," reports Bloomberg.

And that's just one response to aggressive copyright enforcement: For example, a new Guardians of the Galaxy game to be released later this year will be loaded with a soundtrack with songs by Iron Maiden, KISS, Wham!, Blondie and more. To stay on the good side of the Digital Millennium Copyright Act, the studio behind the game, Eidos Montreal, has created a toggle switch that will allow gamers to turn off the soundtrack when live streaming, Venturebeat has reported. Cyberpunk 2077 developer CD Projekt SA also created an option for players to turn off certain songs that could cause trouble and replace them with an alternative.

After largely ignoring streaming platforms for years, last spring the music industry suddenly bore down on Twitch, owned by Amazon.com Inc. and started sending users thousands of DMCA takedowns for copyright violations. Twitch responded by telling users they could no longer use copyrighted material and also had to remove old posts that violated the rules. Some games are still struggling to adapt. Earlier this month, a number of music publishers, including those that represent Ed Sheeran and Ariana Grande, sued Roblox Corp. for copyright infringement, saying the company hasn't licensed the music many of its creators have used in their games. The lawsuit is seeking at least $200 million in damages, the Wall Street Journal reported...

The collection is just the beginning and Riot said it's committed to creating more projects like Sessions in the future.

GNU is Not Unix

FSF Prioritizes Creation of a Free-Software eBook Reader, Urges Avoiding DRM eBooks (fsf.org) 65

Since most ebook readers run some version of the kernel Linux (with some even run the GNU/Linux operating system), "This puts ebook readers a few steps closer to freedom than other devices," notes a recent call-to-action in the Free Software Foundation Bulletin.

But with e-ink screens and DRM-laden ebooks, "closing the gap will still require a significant amount of work." Accordingly, as we announced at the LibrePlanet 2021 conference, we've decided this year to prioritize facilitating the process for an ebook reader to reach the high standards of our Respects Your Freedom (RYF) hardware certification program, whether this means adapting an existing one from a manufacturer, or even contracting its production ourselves...

The free software community has made some good strides in the area of freeing ebooks. Denis "GNUToo" Carikli has composed a page on the LibrePlanet wiki documenting the components of ebook readers and other single-board computers; this has laid the groundwork for our investigation into releasing an ebook reader, and is one of the wiki's more active projects. Also, earlier in the year, a user on the libreplanet-discuss mailing list documented their project to port Parabola GNU/Linux to the reMarkable tablet, thereby creating a free ebook reader at the same time. It's steps like these that make us feel confident that we can bring an ebook reader that respects its user's freedom to the public, both in terms of hardware and the software that's shipped with the device...

If the FSF is successful in landing RYF certification on an ebook reader, which I fully believe we will be, we can ensure that users will have the ability to read digitally while retaining their freedom.

It's up to all of us to make sure we have the right to read, by avoiding ebook DRM in each and every case, and celebrating free (as in freedom) resources like Wikibooks and the Internet Archive, bridging the divide between the movement for free software and the movement for free culture, empowering both readers and computer users around the globe.

The article also warns that ebook DRM has gotten more restrictive over the years. "It's common for textbooks to now require a constant and uninterrupted Internet connection, and that they load only a discrete number of pages at a time... Even libraries fell victim to 'lending' services like Canopy, putting an artificial lock on digital copies of books, the last place it makes sense for them to be."
Youtube

Why the Music Industry Doesn't Hate YouTube Any More (nytimes.com) 44

Today is Record Store Day, an annual event celebrating the culture of independently-owned record stores. And music industry players have said they actually got more money from the sale of vinyl records than they do from YouTube.

But is that changing? The New York Times reports those figures are from a time when YouTube was only selling ads on (or beside) music videos and then sharing that cash with the record labels and performs: Fast forward to last week, when YouTube disclosed that it paid music companies, musicians and songwriters more than $4 billion in the prior year. That came from advertising money and something that the industry has wanted forever and is now getting — a cut of YouTube's surprisingly large subscription business. (YouTube subscriptions include an ad-free version of the site and a Spotify-like service to watch music videos without any ads.) The significance of YouTube's dollar figure is that it's not far from the $5 billion that the streaming king Spotify pays to music industry participants from a portion of its subscriptions. (A reminder: The industry mostly loves Spotify's money, but some musicians ïsay that they're shortchanged by the payouts.)

Subscriptions will always be a hobby for YouTube, but the numbers show that even a side gig for the company can be huge. And it has bought peace by raining some of those riches on those behind the music. Record labels and other industry powers "still don't looooove YouTube," Lucas Shaw, a Bloomberg News reporter, wrote this week. "But they don't hate it anymore."

The YouTube turnabout may also show that complaining works. The music industry has a fairly successful track record of picking a public enemy No. 1 — Pandora for awhile, Spotify, YouTube, and more recently apps like TikTok and Twitch — and publicly browbeating it or playing one rich company against another to get more money or something else they wanted.

While the article cites concerns that YouTube is still paying too little (and failing to stop piracy), "just maybe, YouTube has shown that it's possible for digital companies to both upend an industry and make it stronger."
Electronic Frontier Foundation

EFF Argues 'If Not Overturned, a Bad Copyright Decision Will Lead Many Americans to Lose Internet Access' (eff.org) 89

The EFF's senior staff attorney and their legal intern are warning that a bad copyright decision by a district court judge could lead many Americans to lose their internet access.

"In going after ISPs for the actions of just a few of their users, Sony Music, other major record labels, and music publishing companies have found a way to cut people off of the internet based on mere accusations of copyright infringement." When these music companies sued Cox Communications, an ISP, the court got the law wrong. It effectively decided that the only way for an ISP to avoid being liable for infringement by its users is to terminate a household or business's account after a small number of accusations — perhaps only two. The court also allowed a damages formula that can lead to nearly unlimited damages, with no relationship to any actual harm suffered.

If not overturned, this decision will lead to an untold number of people losing vital internet access as ISPs start to cut off more and more customers to avoid massive damages...

The district court agreed with Sony that Cox is responsible when its subscribers — home and business internet users — infringe the copyright in music recordings by sharing them on peer-to-peer networks. It effectively found that Cox didn't terminate accounts of supposedly infringing subscribers aggressively enough. An earlier lawsuit found that Cox wasn't protected by the Digital Millennium Copyright Act's (DMCA) safe harbor provisions that protect certain internet intermediaries, including ISPs, if they comply with the DMCA's requirements. One of those requirements is implementing a policy of terminating "subscribers and account holders... who are repeat infringers" in "appropriate circumstances." The court ruled in that earlier case that Cox didn't terminate enough customers who had been accused of infringement by the music companies.

In this case, the same court found that Cox was on the hook for the copyright infringement of its customers and upheld the jury verdict of $1 billion in damages — by far the largest amount ever awarded in a copyright case.

The District Court got the law wrong... An ISP can be contributorily liable if it knew that a customer infringed on someone else's copyright but didn't take "simple measures" available to it to stop further infringement. Judge O'Grady's jury instructions wrongly implied that because Cox didn't terminate infringing users' accounts, it failed to take "simple measures." But the law doesn't require ISPs to terminate accounts to avoid liability. The district court improperly imported a termination requirement from the DMCA's safe harbor provision (which was already knocked out earlier in the case). In fact, the steps Cox took short of termination actually stopped most copyright infringement — a fact the district court simply ignored.

The district court also got it wrong on vicarious liability... [T]he court decided that because Cox could terminate accounts accused of copyright infringement, it had the ability to supervise those accounts. But that's not how other courts have ruled. For example, the Ninth Circuit decided in 2019 that Zillow was not responsible when some of its users uploaded copyrighted photos to real estate listings, even though Zillow could have terminated those users' accounts. In reality, ISPs don't supervise the Internet activity of their users. That would require a level of surveillance and control that users won't tolerate, and that EFF fights against every day.

The consequence of getting the law wrong on secondary liability here, combined with the $1 billion damage award, is that ISPs will terminate accounts more frequently to avoid massive damages, and cut many more people off from the internet than is necessary to actually address copyright infringement...

They also argue that the termination of accounts is "overly harsh in the case of most copyright infringers" — especially in a country where millions have only one choice for broadband internet access. "Being effectively cut off from society when an ISP terminates your account is excessive, given the actual costs of non-commercial copyright infringement to large corporations like Sony Music." It's clear that Judge O'Grady misunderstood the impact of losing Internet access. In a hearing on Cox's earlier infringement case in 2015, he called concerns about losing access "completely hysterical," and compared them to "my son complaining when I took his electronics away when he watched YouTube videos instead of doing homework."
DRM

Xbox Series X DRM Makes It Near Impossible To Play Games Offline (ign.com) 54

It seems that Microsoft's digital rights management decisions for the Xbox Series X are a serious cause for concern. From a report: According to a video from YouTuber and game developer Modern Vintage Gamer, the Xbox Series X is unable to play games without connecting to Microsoft's servers. He tried games off a disc like Rise of the Tomb Raider as well as Hitman 3 and both refused to work offline. While Microsoft recommends keeping your Xbox Series X as your 'Home Console' in its settings, it's a solution that's described as a 'band-aid' as it doesn't seem to work with every game as it should.

Native Xbox Series X physical games like Devil May Cry 5 Special Edition work fine. It installed off the disc and ran as it should offline. This should in theory mean that games that are solely for the Xbox Series X should work both offline and online. However with Microsoft's focus on Smart Delivery, it means that the current crop of Xbox Series X discs that run on Xbox One as well are essentially coasters. All of this essentially means that you won't be able to play your Xbox games when Microsoft decides to take its servers offline.

DRM

Hardware Hacker Breaks the DRM On a Mini Dishwasher (gizmodo.com) 148

Developer dekuNukem has detailed a methodology for refilling the DRM-protected detergent cassettes for a $486 portable dishwasher called Bob. Gizmodo reports: Bob is basically a small dishwasher that sits on your counter. It holds half a dozen dishes and some silverware, and you add water to the system by hand. It looks like a great alternative to a larger installed dishwasher or something nice for an apartment dweller. But it has a secret bit of DRM built in that keeps you wedded to the company's products. The Bob uses cassettes, called Rock and Pop (LOL!), that contain concentrated detergent and rinse liquids. The cassettes are similar to inkjet cartridges in that they store a small amount of information on a built-in chip -- in this case, a simple I2C EEPROM that can store a small amount of information. This chip stores the number of washes and will "cancel" a cassette when it's technically empty. The machine will then order new cassettes automatically. To Bob's credit, you can use your own detergent, but it isn't easy. And the cassettes aren't cheap.

"With shipping and VAT added, it costs a whopping $60 for 90 washes! That is 48p (67c) per wash. It might not sound like much, but it quickly adds up," wrote dekuNukem. "Over a year of daily washes, it would have cost $242 in Bob cassettes alone! Imagine paying that much recurring cost for a dishwasher!"

Using an EEPROM reader, they were able to pull the data from the cassette and even modify it, resulting in a simple system to reset the cartridges back to their original wash counts or, in one case, forcing the cassette to run about 70 more washes than originally advertised. Once dekuNukem figured out the coding mechanism, they had to figure out a way to refill the cassettes. They searched the internet for concentrated detergent offerings and found one that matched the website description exactly. "Refilling it yourself is more than 60 times cheaper, resulting in a massive 98% cost saving compared to buying new!" they wrote.
The plans are available on dekuNukem's Github. You can also purchase the Cassette Rewinder, a pre-soldered board that will automatically reset the cassette EEPROM, for $29.99.
GNU is Not Unix

The FSF Says ThinkPenguin's Wireless-N Mini Router 'Respects Your Freedom' (fsf.org) 36

Friday the Free Software Foundation awarded their coveted "Respects Your Freedom" (RYF) certification to another new product: the Free Software Wireless-N Mini Router v3 (TPE-R1300) from ThinkPenguin, Inc.

Just 45 products currently hold the FSF's certification "that these products meet the FSF's standards in regard to users' freedom, control over the product, and privacy." (That is to say, they run on 100% free software, allow the installation of modified software, and are free from DRM, spyware and tracking.) The FSF writes: As with previous routers from ThinkPenguin, the Free Software Wireless-N Mini Router v3 ships with an FSF-endorsed fully free embedded GNU/Linux distribution called libreCMC. It also comes with a custom flavor of the U-Boot boot loader, assembled by Robert Call, who is the maintainer of libreCMC and a former FSF intern.

The router enables users to run multiple devices on a network through a VPN service, helping to simplify the process of keeping their communications secure and private. While ThinkPenguin offers a VPN service, users are not required to purchase a subscription to their service in order to use the router, and the device comes with detailed instructions on how to use the router with a wide variety of VPN providers...

"ThinkPenguin once again demonstrates a long-standing commitment to protecting the rights of their users. With the latest iteration of the Wireless-N Mini Router, users know that they'll have up to date hardware they can trust for years to come," said the FSF's licensing and compliance manager, Donald Robertson, III.

Phoronix points its readers to the device's page at ThinkPenguin.com "should you be looking to build out your wireless network using the decade old 802.11n standard."
DRM

Apple Told to Pay $308.5 Million for Infringing DRM Patent (bloomberg.com) 44

Apple infringed on a digital rights management patent, and must pay $308.5 million, a federal jury in Texas decided this week.

"Apple said it was disappointed with the ruling and would appeal," reports Bloomberg: "Cases like this, brought by companies that don't make or sell any products, stifle innovation and ultimately harm consumers," the company said in an emailed statement...

U.S. District Judge Rodney Gilstrap last week also adopted a magistrate's recommendation denying Apple's request to find the patent invalid.

Iphone

Apple Fined $2 Million in Brazil for Selling iPhones Without a Charger (engadget.com) 97

Brazil's consumer protection agency Procon-SP has fined Apple nearly $1.92 million for selling iPhone without a charger, reports Engadget (citing two technology blogs.) Apple's move was a violation of the country's Consumer Defense Code, according to the watchdog.

Procon-SP told Apple about the alleged violation in December. Apple responded by reiterating its environmental angle, arguing that it would reduce CO2 emissions and rare earth mining. It noted that many customers already had spare chargers. The agency clearly wasn't satisfied with that answer, however. In issuing the fine, Procon-SP executive director Fernando Capez told Apple it needed to respect Brazilian law.

The fine also covers allegedly misleading water resistance claims. Apple supposedly declined to repair iPhones that had suffered water damage under warranty despite touting the devices' ability to survive immersion for extended periods.

DRM

Twitch Censors Live Metallica Performance with Dorkiest Music Imaginable (avclub.com) 43

In the year 2000, Metallica drummer Lars Ulrich answered questions from Slashdot's readers.

Late Friday night, the AV Club described Metallica's appearance at the opening ceremonies for the (now online) version of Blizzard Entertainment's annual event BlizzCon: The opening ceremonies were being broadcast online, both through the official BlizzCon page, YouTube, and Twitch. And you know what happens when licensed music gets played on the internet, don't you, folks? That's right: Copyright issues!

Per Uproxx, the audio of James, Lars, and the boys' performance apparently went out as per usual on YouTube and the BlizzCon page — although the whole thing appears to have been excised from the YouTube upload of the event. But on Twitch... On Twitch, things did not go so well. Which is to say that, even though it was being hosted on the company's official twitchgaming channel, the performance was ominously preceded by a chyron noting that "The upcoming musical performance is subject to copyright protection by the applicable copyright holder."

And then this happened....

Can we prove that someone at Twitch intentionally picked the dorkiest, most Zelda forest-ass music imaginable to have Metallica rock their little hearts out to, instead of broadcasting their extremely copyrighted music (and thus having to deal with the possibility of issuing one of their ubiquitous DMCA takedown notices to themselves)? Obviously not.... On the other hand, we can prove that it is extremely funny to watch this happen, especially — as many people have pointed out — since Metallica is at least partially responsible for the restrictive character of many online musical streaming laws that dominate the internet today, after their high-profile campaign against Napster way back at the dawn of the MP3.

In other news, Diablo II is being remastered and re-released later this year.
Cellphones

The US Could Soon Ban the Selling of Carrier-Locked Phones (wired.com) 62

An anonymous reader quotes a report from Wired: In the U.S., a complicated combination of corporate interests and pre-smartphone era legislation has resulted in more than two decades of back and forth about the legality of phone locking. It's looking like that battle could ramp up again next year. The transition to a Biden administration could shake up the regulatory body that governs these rules. The timing also coincides with a congressional proceeding that takes place every three years to determine what tweaks should be made to digital rights laws. 2021 could be the year of the truly unlocked phone. For some activists, it's a glimmer of light at the end of a very long tunnel.

[H]ow could carriers be forced to provide phones that are unlocked by default? There are a couple of promising avenues, though neither are a given. The "agenda" here meaning something to be decided by a regulating body. In the UK, the regulator Ofcom made that call. The US Ofcom equivalent is the Federal Communications Commission. Under its current leadership of Trump appointee Ajit Pai, the FCC has been staunchly pro-business, passing legislation like the repeal of net neutrality at the behest of companies like AT&T. "Getting this done in an Ajit Pai FCC would be extremely difficult and very unlikely, given how friendly that FCC has been toward private companies and broadband providers," Sheehan says. "Whether or not that could happen in a Biden administration, we don't know. I think it would be much more possible."

Another route would be to take the problem back to its source: Section 1201 itself. Every three years, the US Library of Congress and Copyright Office hold a rulemaking proceeding that takes public comment. It's a chance for advocates to make their case for amending Section 1201, assuming they can afford the legal fees necessitated by such an involved, drawn out process. It's a less overtly political process, as the key decisionmakers at the two institutions don't come and go with each presidential administration like they usually do at the FCC. These sessions have already yielded positive outcomes for fans of repairability, like an exemption that took effect in 2016 that made it legal to hack car computers and other devices. The next proceeding is currently underway. If citizens want to urge the government to amend Section 1201, the first round of comments are required to be in by December 14. Responses and additional proposals will go back and forth through the spring of 2021, until the Copyright Office ultimately decides which changes to implement. Both Sheehan and Wiens are working with other advocates to make their case for a future of unlockability.

Electronic Frontier Foundation

HP Replaces 'Free Ink for Life' Plan With '99 Cents a Month Or Your Printer Stops Working' (eff.org) 193

In a new essay at EFF.org, Cory Doctorow re-visits HP's anti-consumer "security updates" that disabled third-party ink cartridges (while missing real vulnerabilities that could actually bypass network firewalls).

Doctorow writes that it was just the beginning: HP's latest gambit challenges the basis of private property itself: a bold scheme! With the HP Instant Ink program, printer owners no longer own their ink cartridges or the ink in them. Instead, HP's customers have to pay a recurring monthly fee based on the number of pages they anticipate printing from month to month; HP mails subscribers cartridges with enough ink to cover their anticipated needs. If you exceed your estimated page-count, HP bills you for every page (if you choose not to pay, your printer refuses to print, even if there's ink in the cartridges). If you don't print all your pages, you can "roll over" a few of those pages to the next month, but you can't bank a year's worth of pages to, say, print out your novel or tax paperwork. Once you hit your maximum number of "banked" pages, HP annihilates any other pages you've paid for (but continues to bill you every month).

Now, you may be thinking, "All right, but at least HP's customers know what they're getting into when they take out one of these subscriptions," but you've underestimated HP's ingenuity. HP takes the position that its offers can be retracted at any time. For example, HP's "Free Ink for Life" subscription plan offered printer owners 15 pages per month as a means of tempting users to try out its ink subscription plan and of picking up some extra revenue in those months when these customers exceeded their 15-page limit. But Free Ink for Life customers got a nasty shock at the end of last month: HP had unilaterally canceled their "free ink for life" plan and replaced it with "a $0.99/month for all eternity or your printer stops working" plan...

For would-be robber-barons, "smart" gadgets are a moral hazard, an irresistible temptation to use those smarts to reconfigure the very nature of private property, such that only companies can truly own things, and the rest of us are mere licensors, whose use of the devices we purchase is bound by the ever-shifting terms and conditions set in distant boardrooms. From Apple to John Deere to GM to Tesla to Medtronic, the legal fiction that you don't own anything is used to force you to arrange your affairs to benefit corporate shareholders at your own expense. And when it comes to "razors and blades" business-model, embedded systems offer techno-dystopian possibilities that no shaving company ever dreamed of: the ability to use law and technology to prevent competitors from offering their own consumables. From coffee pods to juice packets, from kitty litter to light-bulbs, the printer-ink cartridge business-model has inspired many imitators.

HP has come a long way since the 1930s, reinventing itself several times, pioneering personal computers and servers. But the company's latest reinvention as a wallet-siphoning ink grifter is a sad turn indeed, and the only thing worse than HP's decline is the many imitators it has inspired.

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