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corkinavoid · 23 days ago

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DPxDC Police Officer Wes

"Excuse me, sorry, Mr. Batman, sir!"

That's definitely not a voice he knows. Bruce halts in his steps, aborting his usual retreat into the shadows, and turns back around. Commissioner Gordon, who was still in the process of wrapping up his small talk with Tim - the term 'grumpy banter' would describe their conversation more accurately at this point, but Bruce knows better than to argue with the two over semantics - also turns around, pausing in the middle of the sentence.

A ginger haired boy, wide-eyed and obviously either nervous, starstruck, or both, is staring at him from a few feet behind the Commissioner. Bruce can see a few more faces peeking from behind the half-opened door to the roof, all of them filled with anticipation. He knows two of them: detectives that work directly under Gordon, Isaiah Vasquez, and Tasha Kuznets. The third one, a black man in his forties, also looks vaguely familiar, but Bruce can't recall a name.

Yet, he knows absolutely nothing about the ginger, who hasn't blinked once since Bruce noticed him and is now biting on his lips. But he is wearing a police uniform, so, possibly, a new hire?

"Weston, get out," Jim sighs, waving a shooing hand at the boy with a look of barely concealed exasperation on his face. Definitely a new hire, then. That's the level of annoyance he reserves only for the overachieving rookies that he begrudgingly likes but never admits to.

"I-" newly named Weston starts but cuts himself off. Then, he takes a deep breath and straightens up, "Just one question, sir!"

"Weston, I swear to God," Commissioner pinches the bridge of his nose, lifting his glasses up a bit. But Tim tilts his head to the side, looking in the ginger's direction and raising his eyebrows. His domino mask hides it, but Bruce knows his menagerie of kids well enough to see that he is at least a bit curious about the boy. So he turns back around fully and inclines his head, giving Weston his attention. He doesn't mind talking with those rare few members of GCPD that Gordon likes.

Weston perks up like a very eager dog at the sight of a treat. In the contrast lighting of the BatSignal, his hair looks like it's on fire.

"If you don't mind, was the 'Smiling case' relevant to Joker in any sense?" The boy asks, loud and clear - maybe even too loud - with his unblinking gaze still glued to Bruce. Like he is afraid that if he closes his eyes for a moment, Gotham's vigilantes are going to disappear without a trace.

It's not a question Bruce expected, to be honest. The 'Smiling case' was closed just a few days ago, Gordon was still not done with the paperwork, as far as Oracle's records went. A murder of three, where all victims had some badly drawn clown makeup on them - post-mortem makeup, as it turned out, the murderer tried to deceive the investigation by trying to cover it up as Joker's doing. Only, he didn't do a good job at it, all the Bats were way too familiar with the Mad Clown's signature style. Not to mention that Joker was still securely sealed in his Arkham cell.

Bruce turns to look at Red Robin. He was the one working on the case, so Bruce gives him the choice of answering or not. Tim jerks his shoulder, looks the ginger boy up and down, and then shakes his head.

"Aside from a poor attempt at leading the investigation in the wrong direction, no, it wasn't," Tim shrugs, "The guy isn't even a Gothamite, he knew of Joker only from the rumors and media. And the clown faces were a makeshift cover-up."

Weston visibly deflates at the answer. Bruce watches in a slight amusement as Tasha nudges the other officer, one he doesn't remember the name of, in the shoulder, and stage-whispers, "Pay up." The older man huffs and disappears behind the door, followed by Isaiah.

"Thank you, Mr. Red Robin," Wesley nods politely and takes a step back, his eyes darting to Gordon. Tim snorts a laugh but doesn't correct him. Commissioner, though, gives the boy a long, dreadful sigh.

"Is that all, officer Weston?" He asks, not even bothering to hide his 'tired dad' voice.

The ginger nods again, "Yes, Commissioner Gordon."

"Then get out of my sight before I make all your shifts double," Jim commands, and Weston nearly runs back to the door with a speed that makes Bruce involuntarily think of speedsters. Must be the red hair.

Tim turns to look at the Commissioner right as the door to the roof slams shut behind both Weston and Kuznets.

"Who is he?"

Bruce is also a bit curious now. New recruits in the GCPD are nothing out of the ordinary, but Jim seems to know this one personally, and Kuznets, who is one of his trusted detectives, seems to also like the officer.

Gordon briefly huffs and stuffs his hands in the pockets of his coat. It's quite chilly today; Bruce makes a mental note to switch everyone to their more insulated suits. Scarecrow is currently out on the loose. It won't do any good if any of the Bats went down with a cold.

"Wesley Weston, fresh out of the Academy," Commissioner sighs, but, somehow, Bruce gets the impression it's not a sound of simple exasperation over a new officer eager to prove himself. Jim proves his assumptions by looking around the shoulder to make sure the door to the roof is still closed, and continuing, "Born and raised in the middle of nowhere, Illinois, but GCPD was his first choice. He explained it as having a few friends living in the city, which, unfortunately, proved to be right."

Bruce frowns and grunts, alarm bells ringing in his mind. Deliberately choosing to work in Gotham despite not being from here can be caused by many reasons, and nearly none of them are good reasons.

"Unfortunately?" Tim inquires suspiciously, also with a slight frown, but Jim waves them both off.

"No, he's got nothing to do with any of the criminals. It was the first thing I checked when he mentioned 'friends'. If anything, he's quite on the opposite; he'd make a great detective one day, what with his countless conspiracy theories, determination and the insane urge to dig up every single detail known to mankind," he laughs a bit, and Bruce notices a slight, teasing twinkle to the Commissioner's eyes behind his glasses. "On his second day here, the boy went and plain told me he knows that Batman is Bruce Wayne and that he's saying that because he knows I know and he is aware we're working together."

The alarm bells in Bruce's mind turn into sirens. They never discussed the matters of Bats' real identities with Gordon - Bruce had his suspicions that the man knew it and simply kept his status quo. In all fairness, James Gordon didn't make it to Gotham's Commissioner by sheer dumb luck, so all the Bats kind of expected him to figure it out one day.

But Jim knowing who's behind the cowl is one thing. A new, out of town officer is quite another.

"What did you answer?" Tim asks with an easy smile, but Bruce sees the barely noticeable tension in his shoulders.

Gordon nearly grins, "I didn't believe him, which turned out to be exactly what he expected. He also told me of some kind of a familial curse - he called it 'Cassandra's curse', I believe you're aware of what it means. And then, when I naturally expressed my doubts, proceeded to show it in action. Believe me, it works. Sometimes, it even works too well," the man looks to the side with an amused huff, "That's why officer Weston is strictly prohibited from voicing his opinions on any of the ongoing cases outloud. Detective Kuznets almost missed some critical evidence because of his input once."

Cassandra's curse, Bruce has heard of that saying before. Granted, he never thought it could be a real thing, and he is not intending on starting now, not before he investigates the matter thoroughly. But he does trust Jim - years and years of working together would do that to people - so he simply nods in understanding, leaving the matter of supernatural aside for now.

"What about his friends?" Red Robin asks again, and that causes Gordon to wince momentarily.

"That, I believe, was the cause of his performance just now. One of his friends runs an occult shop, and the other one loves to hang around our forensic scientists and coroners occasionally," the man waves their immediate frowns off again, "I don't go into the morgue often, but I heard he's good at finding out the causes of death by a few looks at the body. And they run a lot of bets between them three," Jim shrugs nonchalantly, "The last one was about the 'Smiling case', I take it."

"Any reason to worry about them?" Bruce can't help but ask. It's not unusual for people to be weird in this city, and running an occult shop and hanging out with pathologists are not exactly reasons to go through background checks when they've got much more pressing issues on their plate. Namely, Scarecrow: it's been more than a week since his escape, but none of the Bats have heard anything about him yet. Oracle is already busy enough with that and the current uprise of gang activity in the Narrows, there's no point in piling even more work on her shoulders just because of some gossip that rubs Bruce the wrong way.

Gordon, thankfully, doesn't take his question lightly and pauses, scratching his chin.

"No," he finally concludes after some thought, "They are a bit strange for non-Gothamites, I'll say that, but in terms of this city? They are no stranger than my neighbors from upstairs." Gordon doesn't tell them to leave it alone, Bruce notices. However, it's probably not because of any doubts he has; the Bats just have a habit of tripplechecking everything anyways, and who would know that better than Jim Gordon?

A quick glance to Tim proves Bruce's thoughts. Red Robin, despite the mask, looks thoughtful. How many cases is he already working on, seven? Bruce makes another mental note to ask Alfred to cut his caffeine intake. It might be a bit hypocritical of him, what with his own plans to send a few messages to JLD about the 'Cassandra's curse', but Bruce excuses himself as the adult in the family.

Commissioner Gordon clears his throat.

"Do you want me to turn around so you can make your mysterious escape, or-" he starts, but both vigilantes are already gone by the time he finishes, "-or not, okay."

#dpxdc #dc x dp #batman #tim drake #red robin #wesley weston #wes weston #police officer!wes #jim gordon #commisioner gordon #bruce wayne #from a fic i never wrote #and will not write #feel free to use #cork writes #cork prompts #it turned out longer than i thought #cassandras curse

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mostlysignssomeportents · 26 days ago

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The US Copyright Office frees the McFlurry

I'll be in TUCSON, AZ from November 8-10: I'm the GUEST OF HONOR at the TUSCON SCIENCE FICTION CONVENTION.

I have spent a quarter century obsessed with the weirdest corner of the weirdest section of the worst internet law on the US statute books: Section 1201 of the Digital Millennium Copyright Act, the 1998 law that makes it a felony to help someone change how their own computer works so it serves them, rather than a distant corporation.

Under DMCA 1201, giving someone a tool to "bypass an access control for a copyrighted work" is a felony punishable by a 5-year prison sentence and a $500k fine – for a first offense. This law can refer to access controls for traditional copyrighted works, like movies. Under DMCA 1201, if you help someone with photosensitive epilepsy add a plug-in to the Netflix player in their browser that blocks strobing pictures that can trigger seizures, you're a felon:

https://lists.w3.org/Archives/Public/public-html-media/2017Jul/0005.html

But software is a copyrighted work, and everything from printer cartridges to car-engine parts have software in them. If the manufacturer puts an "access control" on that software, they can send their customers (and competitors) to prison for passing around tools to help them fix their cars or use third-party ink.

Now, even though the DMCA is a copyright law (that's what the "C" in DMCA stands for, after all); and even though blocking video strobes, using third party ink, and fixing your car are not copyright violations, the DMCA can still send you to prison, for a long-ass time for doing these things, provided the manufacturer designs their product so that using it the way that suits you best involves getting around an "access control."

As you might expect, this is quite a tempting proposition for any manufacturer hoping to enshittify their products, because they know you can't legally disenshittify them. These access controls have metastasized into every kind of device imaginable.

Garage-door openers:

https://pluralistic.net/2023/11/09/lead-me-not-into-temptation/#chamberlain

Refrigerators:

https://pluralistic.net/2020/06/12/digital-feudalism/#filtergate

Dishwashers:

https://pluralistic.net/2021/05/03/cassette-rewinder/#disher-bob

Treadmills:

https://pluralistic.net/2021/06/22/vapescreen/#jane-get-me-off-this-crazy-thing

Tractors:

https://pluralistic.net/2021/04/23/reputation-laundry/#deere-john

Cars:

https://pluralistic.net/2023/07/28/edison-not-tesla/#demon-haunted-world

Printers:

https://pluralistic.net/2022/08/07/inky-wretches/#epson-salty

And even printer paper:

https://pluralistic.net/2022/02/16/unauthorized-paper/#dymo-550

DMCA 1201 is the brainchild of Bruce Lehmann, Bill Clinton's Copyright Czar, who was repeatedly warned that cancerous proliferation this was the foreseeable, inevitable outcome of his pet policy. As a sop to his critics, Lehman added a largely ornamental safety valve to his law, ordering the US Copyright Office to invite submissions every three years petitioning for "use exemptions" to the blanket ban on circumventing access-controls.

I call this "ornamental" because if the Copyright Office thinks that, say, it should be legal for you to bypass an access control to use third-party ink in your printer, or a third-party app store in your phone, all they can do under DMCA 1201 is grant you the right to use a circumvention tool. But they can't give you the right to acquire that tool.

I know that sounds confusing, but that's only because it's very, very stupid. How stupid? Well, in 2001, the US Trade Representative arm-twisted the EU into adopting its own version of this law (Article 6 of the EUCD), and in 2003, Norway added the law to its lawbooks. On the eve of that addition, I traveled to Oslo to debate the minister involved:

https://pluralistic.net/2021/10/28/clintons-ghost/#felony-contempt-of-business-model

The minister praised his law, explaining that it gave blind people the right to bypass access controls on ebooks so that they could feed them to screen readers, Braille printers, and other assistive tools. OK, I said, but how do they get the software that jailbreaks their ebooks so they can make use of this exemption? Am I allowed to give them that tool?

No, the minister said, you're not allowed to do that, that would be a crime.

Is the Norwegian government allowed to give them that tool? No. How about a blind rights advocacy group? No, not them either. A university computer science department? Nope. A commercial vendor? Certainly not.

No, the minister explained, under his law, a blind person would be expected to personally reverse engineer a program like Adobe E-Reader, in hopes of discovering a defect that they could exploit by writing a program to extract the ebook text.

Oh, I said. But if a blind person did manage to do this, could they supply that tool to other blind people?

Well, no, the minister said. Each and every blind person must personally – without any help from anyone else – figure out how to reverse-engineer the ebook program, and then individually author their own alternative reader program that worked with the text of their ebooks.

That is what is meant by a use exemption without a tools exemption. It's useless. A sick joke, even.

The US Copyright Office has been valiantly holding exemptions proceedings every three years since the start of this century, and they've granted many sensible exemptions, including ones to benefit people with disabilities, or to let you jailbreak your phone, or let media professors extract video clips from DVDs, and so on. Tens of thousands of person-hours have been flushed into this pointless exercise, generating a long list of things you are now technically allowed to do, but only if you are a reverse-engineering specialist type of computer programmer who can manage the process from beginning to end in total isolation and secrecy.

But there is one kind of use exception the Copyright Office can grant that is potentially game-changing: an exemption for decoding diagnostic codes.

You see, DMCA 1201 has been a critical weapon for the corporate anti-repair movement. By scrambling error codes in cars, tractors, appliances, insulin pumps, phones and other devices, manufacturers can wage war on independent repair, depriving third-party technicians of the diagnostic information they need to figure out how to fix your stuff and keep it going.

This is bad enough in normal times, but during the acute phase of the covid pandemic, hospitals found themselves unable to maintain their ventilators because of access controls. Nearly all ventilators come from a single med-tech monopolist, Medtronic, which charges hospitals hundreds of dollars to dispatch their own repair technicians to fix its products. But when covid ended nearly all travel, Medtronic could no longer provide on-site calls. Thankfully, an anonymous hacker started building homemade (illegal) circumvention devices to let hospital technicians fix the ventilators themselves, improvising housings for them from old clock radios, guitar pedals and whatever else was to hand, then mailing them anonymously to hospitals:

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

Once a manufacturer monopolizes repair in this way, they can force you to use their official service depots, charging you as much as they'd like; requiring you to use their official, expensive replacement parts; and dictating when your gadget is "too broken to fix," forcing you to buy a new one. That's bad enough when we're talking about refusing to fix a phone so you buy a new one – but imagine having a spinal injury and relying on a $100,000 exoskeleton to get from place to place and prevent muscle wasting, clots, and other immobility-related conditions, only to have the manufacturer decide that the gadget is too old to fix and refusing to give you the technical assistance to replace a watch battery so that you can get around again:

https://www.theverge.com/2024/9/26/24255074/former-jockey-michael-straight-exoskeleton-repair-battery

When the US Copyright Office grants a use exemption for extracting diagnostic codes from a busted device, they empower repair advocates to put that gadget up on a workbench and torture it into giving up those codes. The codes can then be integrated into an unofficial diagnostic tool, one that can make sense of the scrambled, obfuscated error codes that a device sends when it breaks – without having to unscramble them. In other words, only the company that makes the diagnostic tool has to bypass an access control, but the people who use that tool later do not violate DMCA 1201.

This is all relevant this month because the US Copyright Office just released the latest batch of 1201 exemptions, and among them is the right to circumvent access controls "allowing for repair of retail-level food preparation equipment":

https://publicknowledge.org/public-knowledge-ifixit-free-the-mcflurry-win-copyright-office-dmca-exemption-for-ice-cream-machines/

While this covers all kinds of food prep gear, the exemption request – filed by Public Knowledge and Ifixit – was inspired by the bizarre war over the tragically fragile McFlurry machine. These machines – which extrude soft-serve frozen desserts – are notoriously failure-prone, with 5-16% of them broken at any given time. Taylor, the giant kitchen tech company that makes the machines, charges franchisees a fortune to repair them, producing a steady stream of profits for the company.

This sleazy business prompted some ice-cream hackers to found a startup called Kytch, a high-powered automation and diagnostic tool that was hugely popular with McDonald's franchisees (the gadget was partially designed by the legendary hardware hacker Andrew "bunnie" Huang!).

In response, Taylor played dirty, making a less-capable clone of the Kytch, trying to buy Kytch out, and teaming up with McDonald's corporate to bombard franchisees with legal scare-stories about the dangers of using a Kytch to keep their soft-serve flowing, thanks to DMCA 1201:

https://pluralistic.net/2021/04/20/euthanize-rentier-enablers/#cold-war

Kytch isn't the only beneficiary of the new exemption: all kinds of industrial kitchen equipment is covered. In upholding the Right to Repair, the Copyright Office overruled objections of some of its closest historical allies, the Entertainment Software Association, Motion Picture Association, and Recording Industry Association of America, who all sided with Taylor and McDonald's and opposed the exemption:

https://arstechnica.com/tech-policy/2024/10/us-copyright-office-frees-the-mcflurry-allowing-repair-of-ice-cream-machines/

This is literally the only useful kind of DMCA 1201 exemption the Copyright Office can grant, and the fact that they granted it (along with a similar exemption for medical devices) is a welcome bright spot. But make no mistake, the fact that we finally found a narrow way in which DMCA 1201 can be made slightly less stupid does not redeem this outrageous law. It should still be repealed and condemned to the scrapheap of history.

Tor Books as just published two new, free LITTLE BROTHER stories: VIGILANT, about creepy surveillance in distance education; and SPILL, about oil pipelines and indigenous landback.

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/2024/10/28/mcbroken/#my-milkshake-brings-all-the-lawyers-to-the-yard

Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en

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