“If buying isn’t owning, piracy isn’t stealing”
20 years ago, I got in a (friendly) public spat with Chris Anderson, who was then the editor in chief of Wired. I'd publicly noted my disappointment with glowing Wired reviews of DRM-encumbered digital devices, prompting Anderson to call me unrealistic for expecting the magazine to condemn gadgets for their DRM:
https://longtail.typepad.com/the_long_tail/2004/12/is_drm_evil.html
I replied in public, telling him that he'd misunderstood. This wasn't an issue of ideological purity – it was about good reviewing practice. Wired was telling readers to buy a product because it had features x, y and z, but at any time in the future, without warning, without recourse, the vendor could switch off any of those features:
https://memex.craphound.com/2004/12/29/cory-responds-to-wired-editor-on-drm/
I proposed that all Wired endorsements for DRM-encumbered products should come with this disclaimer:
WARNING: THIS DEVICE’S FEATURES ARE SUBJECT TO REVOCATION WITHOUT NOTICE, ACCORDING TO TERMS SET OUT IN SECRET NEGOTIATIONS. YOUR INVESTMENT IS CONTINGENT ON THE GOODWILL OF THE WORLD’S MOST PARANOID, TECHNOPHOBIC ENTERTAINMENT EXECS. THIS DEVICE AND DEVICES LIKE IT ARE TYPICALLY USED TO CHARGE YOU FOR THINGS YOU USED TO GET FOR FREE — BE SURE TO FACTOR IN THE PRICE OF BUYING ALL YOUR MEDIA OVER AND OVER AGAIN. AT NO TIME IN HISTORY HAS ANY ENTERTAINMENT COMPANY GOTTEN A SWEET DEAL LIKE THIS FROM THE ELECTRONICS PEOPLE, BUT THIS TIME THEY’RE GETTING A TOTAL WALK. HERE, PUT THIS IN YOUR MOUTH, IT’LL MUFFLE YOUR WHIMPERS.
Wired didn't take me up on this suggestion.
But I was right. The ability to change features, prices, and availability of things you've already paid for is a powerful temptation to corporations. Inkjet printers were always a sleazy business, but once these printers got directly connected to the internet, companies like HP started pushing out "security updates" that modified your printer to make it reject the third-party ink you'd paid for:
https://www.eff.org/deeplinks/2020/11/ink-stained-wretches-battle-soul-digital-freedom-taking-place-inside-your-printer
Now, this scam wouldn't work if you could just put things back the way they were before the "update," which is where the DRM comes in. A thicket of IP laws make reverse-engineering DRM-encumbered products into a felony. Combine always-on network access with indiscriminate criminalization of user modification, and the enshittification will follow, as surely as night follows day.
This is the root of all the right to repair shenanigans. Sure, companies withhold access to diagnostic codes and parts, but codes can be extracted and parts can be cloned. The real teeth in blocking repair comes from the law, not the tech. The company that makes McDonald's wildly unreliable McFlurry machines makes a fortune charging franchisees to fix these eternally broken appliances. When a third party threatened this racket by reverse-engineering the DRM that blocked independent repair, they got buried in legal threats:
https://pluralistic.net/2021/04/20/euthanize-rentier-enablers/#cold-war
Everybody loves this racket. In Poland, a team of security researchers at the OhMyHack conference just presented their teardown of the anti-repair features in NEWAG Impuls locomotives. NEWAG boobytrapped their trains to try and detect if they've been independently serviced, and to respond to any unauthorized repairs by bricking themselves:
Poland is part of the EU, meaning that they are required to uphold the provisions of the 2001 EU Copyright Directive, including Article 6, which bans this kind of reverse-engineering. The researchers are planning to present their work again at the Chaos Communications Congress in Hamburg this month – Germany is also a party to the EUCD. The threat to researchers from presenting this work is real – but so is the threat to conferences that host them:
https://www.cnet.com/tech/services-and-software/researchers-face-legal-threats-over-sdmi-hack/
20 years ago, Chris Anderson told me that it was unrealistic to expect tech companies to refuse demands for DRM from the entertainment companies whose media they hoped to play. My argument – then and now – was that any tech company that sells you a gadget that can have its features revoked is defrauding you. You're paying for x, y and z – and if they are contractually required to remove x and y on demand, they are selling you something that you can't rely on, without making that clear to you.
But it's worse than that. When a tech company designs a device for remote, irreversible, nonconsensual downgrades, they invite both external and internal parties to demand those downgrades. Like Pavel Chekov says, a phaser on the bridge in Act I is going to go off by Act III. Selling a product that can be remotely, irreversibly, nonconsensually downgraded inevitably results in the worst person at the product-planning meeting proposing to do so. The fact that there are no penalties for doing so makes it impossible for the better people in that meeting to win the ensuing argument, leading to the moral injury of seeing a product you care about reduced to a pile of shit:
https://pluralistic.net/2023/11/25/moral-injury/#enshittification
But even if everyone at that table is a swell egg who wouldn't dream of enshittifying the product, the existence of a remote, irreversible, nonconsensual downgrade feature makes the product vulnerable to external actors who will demand that it be used. Back in 2022, Adobe informed its customers that it had lost its deal to include Pantone colors in Photoshop, Illustrator and other "software as a service" packages. As a result, users would now have to start paying a monthly fee to see their own, completed images. Fail to pay the fee and all the Pantone-coded pixels in your artwork would just show up as black:
https://pluralistic.net/2022/10/28/fade-to-black/#trust-the-process
Adobe blamed this on Pantone, and there was lots of speculation about what had happened. Had Pantone jacked up its price to Adobe, so Adobe passed the price on to its users in the hopes of embarrassing Pantone? Who knows? Who can know? That's the point: you invested in Photoshop, you spent money and time creating images with it, but you have no way to know whether or how you'll be able to access those images in the future. Those terms can change at any time, and if you don't like it, you can go fuck yourself.
These companies are all run by CEOs who got their MBAs at Darth Vader University, where the first lesson is "I have altered the deal, pray I don't alter it further." Adobe chose to design its software so it would be vulnerable to this kind of demand, and then its customers paid for that choice. Sure, Pantone are dicks, but this is Adobe's fault. They stuck a KICK ME sign to your back, and Pantone obliged.
This keeps happening and it's gonna keep happening. Last week, Playstation owners who'd bought (or "bought") Warner TV shows got messages telling them that Warner had walked away from its deal to sell videos through the Playstation store, and so all the videos they'd paid for were going to be deleted forever. They wouldn't even get refunds (to be clear, refunds would also be bullshit – when I was a bookseller, I didn't get to break into your house and steal the books I'd sold you, not even if I left some cash on your kitchen table).
Sure, Warner is an unbelievably shitty company run by the single most guillotineable executive in all of Southern California, the loathsome David Zaslav, who oversaw the merger of Warner with Discovery. Zaslav is the creep who figured out that he could make more money cancelling completed movies and TV shows and taking a tax writeoff than he stood to make by releasing them:
https://aftermath.site/there-is-no-piracy-without-ownership
Imagine putting years of your life into making a program – showing up on set at 5AM and leaving your kids to get their own breakfast, performing stunts that could maim or kill you, working 16-hour days during the acute phase of the covid pandemic and driving home in the night, only to have this absolute turd of a man delete the program before anyone could see it, forever, to get a minor tax advantage. Talk about moral injury!
But without Sony's complicity in designing a remote, irreversible, nonconsensual downgrade feature into the Playstation, Zaslav's war on art and creative workers would be limited to material that hadn't been released yet. Thanks to Sony's awful choices, David Zaslav can break into your house, steal your movies – and he doesn't even have to leave a twenty on your kitchen table.
The point here – the point I made 20 years ago to Chris Anderson – is that this is the foreseeable, inevitable result of designing devices for remote, irreversible, nonconsensual downgrades. Anyone who was paying attention should have figured that out in the GW Bush administration. Anyone who does this today? Absolute flaming garbage.
Sure, Zaslav deserves to be staked out over an anthill and slathered in high-fructose corn syrup. But save the next anthill for the Sony exec who shipped a product that would let Zaslav come into your home and rob you. That piece of shit knew what they were doing and they did it anyway. Fuck them. Sideways. With a brick.
Meanwhile, the studios keep making the case for stealing movies rather than paying for them. As Tyler James Hill wrote: "If buying isn't owning, piracy isn't stealing":
https://bsky.app/profile/tylerjameshill.bsky.social/post/3kflw2lvam42n
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/12/08/playstationed/#tyler-james-hill
Image:
Alan Levine (modified)
https://pxhere.com/en/photo/218986
CC BY 2.0
https://creativecommons.org/licenses/by/2.0/
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10 Worst Things About The Trump Presidency
Donald Trump left office with the lowest approval rating of any president ever. But some people now seem to be suffering from amnesia.
Let me jog your memory. Here are 10 Worst Things About the Trump Presidency — in no particular order.
#1. Trump fueled division and sparked a record uptick in hate crimes.
#2. Murder went way up under Trump. He presided over the largest ever single-year increase in homicides in 2020. A number of factors might have contributed to that, but a big one is…
#3. Gun sales broke records under Trump, who has bragged about how he “did nothing” to restrict guns as president in spite of…
#4. Under Trump, America suffered more than 1,700 mass shootings.
#5. Trump said there were "very fine people" among the neo-Nazis in Charlottesville.
I’m halfway to ten. If you think I’m missing something big, leave it in the comments.
#6. Trump allied himself with the Proud Boys, a violent hate group who helped orchestrate the Jan 6 Capitol attack.
#7. Trump’s not wrong when he says…
TRUMP: I got rid of Roe v. Wade.
It is entirely because of Trump’s judicial appointments that 1 in 3 American women of childbearing age now lives in states with abortion bans.
#8. One of Trump’s Supreme Court justices was Brett Kavanaugh, a man accused of sexual assault by multiple women.
#9. Trump’s White House interfered in the FBI’s investigation of Brett Kavanaugh’s alleged sexual assaults.
And now: #10. Trump has been convicted of committing 34 felonies while in office. The criminally false business filings he got convicted for in New York? All of them were committed while he was president.
I’m sorry, did I say the 10 Worst Things About the Trump Presidency? I meant 15.
#11. Trump’s failed pandemic response is estimated to have led to hundreds of thousands of needless deaths. By the time Trump left office, roughly 3,000 Americans were dying of covid every day. That’s a 9/11-scale mass casualty event every single day. How did Trump screw up so badly?
#12. Trump’s White House discarded the pandemic response playbook that had been assembled by the Obama administration.
#13. Trump disbanded the National Security Council’s pandemic response team.
#14. Trump repeatedly lied about the danger of covid, saying it was no worse than the flu or that it would go away on its own.
But behind closed doors, Trump admitted he knew covid was deadly.
#15. Trump promoted fake covid cures like hydroxychloroquine and even injecting people with disinfectants.
After Trump’s “disinfectant” remarks, poison control centers received a spike in emergency calls.
That’s fifteen things. Should I keep going? Ok, I’ll keep going. The 20 Worst Things About the Trump Presidency.
#16. Trump presided over a net loss of 2.9 million American jobs — the worst recorded jobs numbers of any U.S. president in history.
#17. Trump profited off the presidency, making an estimated $160 million from foreign countries while he was president.
#18. Trump also billed the Secret Service over $1 million for the privilege of staying at his golf clubs and other properties while they protected him. That’s your money!
#19. Trump caused the longest government shutdown in U.S. history when he didn’t get funding for his border wall, which he said Mexico was going to pay for.
#20. Under Trump, the national debt increased by about 40% — more than in any other four-year presidential term — largely because of his tax cuts for the rich and big corporations.
You didn’t really think I was stopping at 20, did you? We’re going to 25 —
#21. Trump separated more than 5,000 children from their parents at the border, with no plan to ever reunite them, putting babies in cages.
#22. The Muslim Ban. Yes, Trump really did try to ban Muslims from entering the country.
#23. Trump sparked international outrage by moving the American Embassy in Israel to Jerusalem while closing the U.S. mission to Palestine.
#24. Trump tasked his son-in-law Jared Kushner with drafting a potential Middle East “peace plan” with zero Palestinian input.
#25. And finally, Trump recognized Israel’s occupation of the Goh-lahn Heights, which is considered illegal under international law.
So there you have it, folks: The 25 Worst — Wait a minute. Wait a minute. Did I mention the impeachments? We’ve got to do the impeachments. Let’s go to 30.
#26. Trump broke the law by trying to withhold nearly $400 million of U.S. aid for Ukraine in an effort to extort a personal political favor from Ukraine’s Pres. Zelensky. Trump wanted Zelensky to interfere in the 2020 election by announcing an investigation into the Bidens. Delaying this aid to Ukraine weakened Ukraine and strengthened Russia.
#27. Trump personally attacked and ruined the careers of everyone who stood in the way of his illegal Ukraine scheme, including Ambassador Marie Yovanovitch and Lt. Colonel Alexander Vindman.
#28. To cover up the scheme, Trump ordered the White House and State Department to defy congressional subpoenas.
#29. For these reasons, on December 18, 2019, Trump became the third U.S. president to be impeached. He was charged with Abuse of Power and Obstruction of Congress.
#30. Even while he was being investigated for trying to get Ukraine to interfere in the U.S. election, Trump publicly called for China to interfere in the election.
So those are the 30 Worst Things —
I’ll go to 35.
#31. Long before Election Day, Trump started making false claims that the election would be rigged.
#32. After losing, Trump falsely claimed the election was stolen, even though his own inner circle, including his campaign manager, White House lawyers, and his own Justice Department and attorney general told him it was not.
#33. Trump kept telling his Big Lie even after more than 60 legal challenges to the election were struck down in court, many by Trump-appointed judges.
#34. Trump ordered the Department of Justice to falsely claim that the election “was corrupt.��
#35. Trump and his allies used threats to pressure state leaders in Arizona and Georgia to falsify the election results.
We may go to 40.
#36. When none of the previous schemes worked, Trump and his allies produced fake electoral votes cast by fake electors in multiple swing states. His former White House chief of staff and Rudy Giuliani are among the many members of his inner circle who have been criminally indicted for this scheme.
#37. Trump tried to bully Vice President Pence into obstructing the certification of the election.
#38. Trump invited a mob to the Capitol on Jan 6 with his “be there, will be wild” tweet.
#39. Sworn testimony alleges that when Trump was warned that members of the crowd were carrying deadly weapons, he ordered security metal detectors to be taken down.
#40. Knowing the crowd had deadly weapons, he ordered them to go to the Capitol and…
TRUMP: …fight like hell.
#41 — Yes, yes, I know, bear with me.
Trump betrayed his oath to defend the nation by doing nothing to stop the Jan 6 violence. Instead, according to witness testimony, he sat and watched TV for hours.
#42. On January 13, 2021, Trump became the only president ever to be impeached twice. This time he was charged with incitement of insurrection. It was a bipartisan vote.
#43. The majority of senators — 57 out of 100 — voted to convict Trump, including 7 Republican senators.
So that’s the two impeachments and the Big Lie, but wait, we haven’t dealt with Russia, right? So we’re going to 50.
#44. In a likely obstruction of justice, Trump pressured then FBI Director James Comey to stop the FBI’s investigation into Trump’s National Security Adviser, Michael Flynn. This was documented in the Mueller report.
#45. When Comey didn’t bend to Trump’s will, Trump fired him.
#46. Trump tried to shut down the Mueller investigation by ordering White House Counsel Don McGann to fire Mueller. McGann refused because that would be criminal obstruction of justice.
#47. When news got out that Trump tried to fire Mueller, Trump repeatedly told McGann to lie — to Mueller, to press, to public — and even create a false document to conceal Trump’s attempt to fire Mueller.
#48. Trump ordered his staff not to turn over emails showing Don Jr. had set up a meeting at Trump Tower before the 2016 election with representatives of the Russian government.
#49. Trump convinced Michael Cohen to lie to Congress about Trump’s plans to build a Trump Tower in Moscow, and Cohen served prison time for lying to Congress.
#50. Trump was not charged for criminal obstruction of justice because it’s the Justice Department’s policy not to indict a sitting president, but more than a thousand former federal prosecutors who served under both Republicans and Democrats, signed a letter declaring there was more than enough evidence to prosecute Trump.
So those are the 50 Worst Things About the Trump Presidency. Now I could go on…
And I will! The 75 Worst Things About the Trump Presidency.
#51. Trump said he’d hire only the best people, but…
His campaign chair was convicted of multiple crimes.
So was one of his closest associates.
His deputy campaign chair pleaded guilty to crimes.
So did his personal lawyer
His National Security Adviser
The Chief Financial Officer of his business
A campaign foreign policy adviser
And one of his campaign fundraisers.
They all committed crimes, and Trump pardoned most of them.
#52. Trump said he’d drain the Washington swamp. But he appointed more billionaires, CEOs, and Wall Street moguls to his administration than any administration in history
#53. Trump intervened to get his son-in-law, Jared Kushner top-secret clearance after he was denied over concerns about foreign influence.
#54. Trump hosted a Russian Foreign Minister to the Oval Office, where Trump revealed top-secret intelligence.
Oh, and Trump’s economic policies!
#55 Trump promised that the average American family would see a $4,000 pay raise because of his tax cuts for the wealthy and big corporations. How’d that work out? Did you get a $4,000 raise? Of course not! Nobody did!
#56. Trump vowed to protect American jobs, but offshoring increased and manufacturing fell.
#57. Trump said he would fix America’s infrastructure, but it never happened. He announced so many failed “infrastructure weeks” they became a running joke.
#58. Trump said he would be “the voice” of American workers, but he filled the National Labor Relations Board with anti-union flacks who made it harder for workers to unionize.
#59. Trump’s Labor Department made it easier for bosses to get out of paying workers overtime, which cheated 8 million workers of extra pay.
#60. Trump repeatedly suggested he might serve more than two terms in violation of the Constitution — and continues to do so.
#61. Trump called Haiti and African nations “shithole” countries.
#62. Trump tried to terminate DACA, which protects immigrants brought to the U.S. as children. Luckily this was struck down by the courts.
#63. Trump called climate change a “hoax.”
#64. Trump pulled out of the Paris Climate Agreement.
#65. Trump rolled back more than 100 environmental protections.
#66. Every budget Trump proposed included cuts to Social Security and Medicare.
#67. Trump tried (and failed) to repeal the Affordable Care Act, which would have resulted in 20 million Americans losing insurance. And striking down the ACA’s protections for the roughly 130 million people with pre-existing conditions could have driven up their insurance premiums or led to a loss of coverage.
#68. Trump made it easier for employers to remove birth control coverage from insurance plans.
#69. By the end of Trump’s term, the number of people lacking health insurance had risen by 3 million.
#70. Trump lied. Constantly. He made 30,573 false or misleading claims while president — an average of 21 a day, according to Washington Post fact-checkers.
#71. Trump allegedly took hundreds of classified documents on his way out of the White House, reportedly including nuclear secrets, which he then left unsecured in various parts of Mar-a-Lago, including a bathroom. He was even caught on tape showing them off to people.
#72. Trump seriously discussed the idea of nuking a hurricane.
#73. When Hurricane Maria hit Puerto Rico, Trump delayed $20 billion of aid and allowed Puerto Rico to be without power for 181 days.
#74. Trump suggested withholding federal aid for California wildfire recovery and said the solution was to “clean” the “floors” of the forest.
#75. Trump pulled out of the Iran deal, placing Iran on a path to developing nuclear weapons.
Honestly, there’s so much more, from exchanging “love letters” with North Korea’s brutal dictator to publicly denigrating a Gold Star military widow and making her cry, to the way he attacked journalists, to late night tweet binges.
Look, I can understand why a lot of people want to block all of this out of their memories. But we cannot afford to forget just how terrible Trump’s time in the White House was for this nation.
And we sure as hell can’t afford to put him back there.
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