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mostlysignssomeportents · 3 months ago

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A profoundly stupid case about video game cheating could transform adblocking into a copyright infringement

I'm coming to DEFCON! On Aug 9, I'm emceeing the EFF POKER TOURNAMENT (noon at the Horseshoe Poker Room), and appearing on the BRICKED AND ABANDONED panel (5PM, LVCC - L1 - HW1–11–01). On Aug 10, I'm giving a keynote called "DISENSHITTIFY OR DIE! How hackers can seize the means of computation and build a new, good internet that is hardened against our asshole bosses' insatiable horniness for enshittification" (noon, LVCC - L1 - HW1–11–01).

Here's a weird consequence of our societal shift from capitalism (where riches come from profits) to feudalism (where riches come from rents): increasingly, your rights to your actual property (the physical stuff you own) are trumped by corporations' metaphorical "intellectual property" claims.

That's a lot to unpack! Let's start with a quick primer on profits and rents. Capitalists invest money in buying equipment, then they pay workers wages to use that equipment to produce goods and services. Profit is the sum a capitalist takes home from this arrangement: money made from paying workers to do productive things.

Now, rents: "rent" is the money a rentier makes by owning a "factor of production": something the capitalist needs in order to make profits. Capitalists risk their capital to get profits, but rents are heavily insulated from risk.

For example: a coffee shop owner buys espresso machines, hires baristas, and rents a storefront. If they do well, the landlord can raise their rent, denying them profits and increasing rents. But! If a great new cafe opens across the street and the coffee shop owner goes broke, the landlord is in great shape, because they now have a vacant storefront they can rent, and they can charge extra for a prime location across the street from the hottest new coffee shop in town.

The "moral philosophers" that today's self-described capitalists claim to worship – Adam Smith, David Ricardo – hated rents. For them, profits were the moral way to get rich, because when capitalists chase profits, they necessarily chase the production of things that people want.

When rentiers chase rents, they do so at the expense of profits. Every dollar a capitalist pays in rent – licenses for IP, rent for a building, etc – is a dollar that can't be extracted in profit, and then reinvested in the production of more goods and services that society desires.

The "free markets" of Adam Smith weren't free from regulation, they were free from rents.

The moral philosophers' hatred of rents was really a hatred of feudalism. The industrial revolution wasn't merely (or even primarily) the triumph of new machines: rather, it was the triumph of profits over rent. For the industrial revolution to succeed, the feudal arrangement had to end. Capitalism is incompatible with hereditary lords receiving guaranteed rents from hereditary serfs who are legally obliged to work for them. Capitalism triumphed over feudalism when the serfs were turned off of the land (becoming the "free labor" who went to work in the textile mills) and the land itself was given over to sheep grazing (providing the wool for those same mills).

But that doesn't mean that the industrial revolution invented profits. Profits were to be found in feudal societies, wherever a wealthy person increased their wealth by investing in machines and hiring workers to use them. The thing that made feudalism feudal was how conflicts between rents and profits cashed out. For so long as the legal system elevated the claims of rentiers over the claims of capitalists, the society was feudal. Once the legal system gave priority to profit over rent, it became capitalist.

Capitalists hate capitalism. The engine of capitalism is insecurity. The successful capitalist is like the fastest gun in the old west: there's always a young gun out there looking to "disrupt" their fortune with a new invention, product, or organizational strategy that "creatively destroys" the successful businesses of the day and replaces them with new ones:

https://locusmag.com/2024/03/cory-doctorow-capitalists-hate-capitalism/

That's a hard way to live, with your every success serving as a blinking KICK ME sign visible to every ambitious person in the world. Precarity makes people miserable and nuts:

https://pluralistic.net/2024/04/19/make-them-afraid/#fear-is-their-mind-killer

So capitalists universally aspire to become rentiers and investors seek out companies that have a plan to extract rent. This is why Warren Buffett is so priapatic for companies with "moats and walls" – legal privileges and market structures that protect the business from competition and disruption:

https://finance.yahoo.com/news/warren-buffett-explains-moat-principle-164442359.html

Feudal rents were mostly derived from land, but even in the feudal era, the king was known to reward loyal lickspittles with rents over ideas. The "patents royal" were the legally protected right to decide who could make or do certain things: for example, you might have a patent royal over the production of silver ribbon, and anyone who wanted to make a silver ribbon would have to pay for your permission. If you chose to grant that permission exclusively to one manufacturer, then no one else could make it, and you could charge a license fee to the manufacturer that accounted for nearly all their profit.

Today, rentiers are also interested in land. Bill Gates is the country's number one landowner, and in many towns, private equity landlords are snappinig up every single family home that hits the market and converting it to a badly maintained slum:

https://pluralistic.net/2024/05/22/koteswar-jay-gajavelli/#if-you-ever-go-to-houston

But the 21st Century's defining source of rent is "IP" – a controversial term that I use here to mean, "Any law or policy that allows a company to exert legal control over its competitors, critics and customers":

https://locusmag.com/2020/09/cory-doctorow-ip/

IP is in irreconcilable conflict with real property rights. Think of HP selling you a printer and wanting to decide which ink you use, or John Deere selling you a tractor and wanting to tell you who can fix it. Or, for that matter, Apple selling you a phone and dictating which software you are allowed to install on it.

Think of Unity, a company that makes tools for video-game makers, demanding a royalty from every game that is eventually sold, calling this "shared success":

https://pluralistic.net/2023/10/03/not-feeling-lucky/#fundamental-laws-of-economics

Every time one of these conflicts ends with IP's triumph over real property rights, that is a notch in favor of calling the world we live in now "technofeudalist" rather than "technocapitalist":

https://pluralistic.net/2023/09/28/cloudalists/#cloud-capital

Once you start to think of "IP" as "laws that let me control how other people use their real property," a lot of the seemingly incoherent fights over IP snap into place. This also goes a long way to explaining how otherwise sensible people can agree on expansions of IP to achieve some short-term goal, irrespective of the spillover harms from such a move. Hard cases make bad law, and hard IP cases make terrible law.

Five years ago, some anti-fascist counterdemonstrators hit on the clever idea of blaring top 40 music during neo-Nazi marches, on the theory that this would prevent Nazis from uploading videos of their marches to Youtube and other platforms, whose filters would block any footage that included copyrighted music:

https://memex.craphound.com/2019/07/23/clever-hack-that-will-end-badly-playing-copyrighted-music-during-nazis-rallies-so-they-cant-be-posted-to-youtube/

Thankfully, this didn't work, but not for lack of trying. And it might still work, if calls for beefing up video copyright filters are heeded. Cops all over the place are already blaring Taylor Swift songs and Disney tunes to prevent their interactions with the public from being uploaded:

https://pluralistic.net/2022/04/07/moral-hazard-of-filternets/#dmas

The same thinking that causes progressives to recklessly argue in favor of upload filters also causes them to demand that web scraping be treated as a copyright crime. They think they're creating a world where AI companies can't rip off their creation to train a model; they're actually creating a world where the Internet Archive can't capture JD Vance's embarrassing old podcast appearances or newspaper editorial boards' advocacy for positions they now recant:

https://pluralistic.net/2023/09/17/how-to-think-about-scraping/

It's not that Nazi marches are good, or that scraping can't be bad – it's just that advocating for the use of IP to address either is a cure that's not just worse than the disease – it's also not a cure.

A problem can be real, and still not be solvable with IP. I have enormous sympathy for gamers who rail against cheaters who use aftermarket hacks to improve their aim, see through buildings, or command other unfair advantages.

If you want to tell a stranger how they must configure their PC or console, IP ("any law that lets you control your competitors, critics or customers") is an obvious answer. But – as with other attempts to solve real problems with IP – this is a cure that is both worse than the disease, and also not a cure after all.

Back in 2002, Blizzard sued some hobbyists over a program called "bnetd." Bnetd was a program that provided a game-server you could connect to with the Blizzard games that you'd bought. It was created as an alternative to Battlenet, Blizzard's notoriously unreliable game-server software that left gamers frustrated and furious due to frequent outages:

https://www.eff.org/cases/blizzard-v-bnetd

To the public, Blizzard made several arguments against bnetd. They claimed that it encouraged piracy, because – unlike the official Battlenet servers – it didn't check whether the copies of Blizzard software that connected to it had a valid license key. Gamers didn't really care about that, but they did respond to another argument: that bnetd lacked the anti-cheat checking of Battlenet.

But that wasn't what Blizzard took to the court: in court, they argued that the hobbyists who made bnetd violated copyright law. Specifically, Section 1201 of the Digital Millennium Copyright Act, which bans "circumvention of access controls to copyrighted works." Basically, Blizzard argued that bnetd's authors violated the law because they used debuggers to examine the software they'd paid for, while it ran on their own computers, to figure out how to make a game server of their own.

Blizzard didn't sue bnetd's authors for pirating Blizzard software (they didn't – they'd paid for their copies). They didn't sue them for abetting other gamers' piracy. They certainly didn't sue them for making a cheat-friendly game-server.

Blizzard sued them for analyzing software they'd paid for, while it was running on their own computers.

Imagine if Walmart – one of the biggest book-retailers in America – had a policy that said that you could only shelve the books you bought at Walmart on shelves that you also bought at Walmart. Now imagine that Walmart successfully argued that measuring the books you bought from them and using those measurements to create your own compatible book-case violated their IP rights!

This is an outrageous triumph of IP rights over real property rights, and yet gamers vocally backed Blizzard in the early noughts, because gamers hate cheaters and because IP law is (correctly) understood as "the law that lets a company tell you how you can use your own real, physical property." Hard cases make bad law, hard IP cases make batshit law.

It's more than 20 years since bnetd, and cheating continues to serve as a Trojan horse to smuggle in batshit new IP laws. In Germany, Sony is suing the cheat-device maker Datel:

https://torrentfreak.com/sonys-ancient-lawsuit-vs-cheat-device-heads-in-right-direction-sonys-defeat-240705/

Sony argues that the Datel device – which rewrites the contents of a player's device's RAM, at the direction of that player – infringes copyright. Sony claims that the values that its programs write to your device's RAM chips are copyrighted works that it has created, and that altering that copyrighted work makes an unauthorized derivative work, which infringes its copyright.

Yes, this is batshit, and thankfully, Sony has been thwarted in court to date, but it is steaming ahead to the EU's highest court. If it succeeds, then it will open up every tool that modifies your computer at your direction to this kind of claim.

How bad can it be? Well, get this: the German publishing giant Axel Springer (owned by a monomaniacal Trumpist and Israel hardliner who has ordered journalists in his US news outlets to go easy on both) is suing Eyeo, makers of Adblock Plus, on the grounds that changing HTML to block an ad creates a "derivative work" of Axel Springer's web-pages:

https://torrentfreak.com/ad-blocking-infringes-copyright-ancient-sony-cheat-lawsuit-may-prove-pivotal-240729/

Axel Springer's filings cite the Sony/Datel case, using it to argue that their IP rights trump your property rights, and that you can only configure your web-browser, running on your computer, which you own, in ways that it approves of.

Axel Springer's war on browsers is a particularly pernicious maneuver, because browsers are the best example we have of internet software that serves as a "user agent." "User agent" is an old-timey engineering synonym for "browser" that reflects the browser's role: to go out onto the web on your behalf and bring back things for you, which it displays in the way you prefer:

https://pluralistic.net/2024/05/07/treacherous-computing/#rewilding-the-internet

Want to block flickering GIFs to forestall photosensitive epileptic servers? Ask your user agent to find and delete them. Want to shift colors into a gamut that accounts for your color-blindness? Ask your user-agent:

https://dankaminsky.com/2010/12/15/dankam/

Want to goose the font size and contrast so you can read the sadistic grey-on-white type that young designers use in the mistaken belief that black-on-white type is "hard on the eyes"? That's what Reader Mode is for:

https://frankgroeneveld.nl/2021/08/24/most-underused-browser-feature/

The foundation of any good digital relationship is a device that works for you, not for the people who own the servers you connect to. Even if they don't plan on screwing you over by directing your user agent to attack you on their behalf right now, the very existence of a facility in your technology that causes it to betray you, by design, is a moral hazard that inevitably results in your victimization:

https://pluralistic.net/2023/08/02/self-incrimination/#wei-bai-bai

"IP" ("a law that lets me control how you use your own property") is a tempting solution to every problem, but ultimately, IP ends up magnifying the power of the already powerful, in contests where your only hope of victory is having a user agent whose only loyalty is to you.

The monotonic, dangerous expansion of IP reflects the growing victory of rents over profits – income from owning things, rather than income from doing things. Everyday people may argue for IP in the belief that it will solve their immediate problems – with AI, or Nazis, or in-game cheats – but ultimately, the expansion of a law that limits how you can use your property (including your capital) to uses that don't threaten neofeudalists will doom you to technoserfdom.

Support me this summer on the Clarion Write-A-Thon and help raise money for the Clarion Science Fiction and Fantasy Writers' Workshop!

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/2024/07/29/faithful-user-agents/#hard-cases-make-bad-copyright-law

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mostlysignssomeportents · 1 year ago

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Autoenshittification

Forget F1: the only car race that matters now is the race to turn your car into a digital extraction machine, a high-speed inkjet printer on wheels, stealing your private data as it picks your pocket. Your car’s digital infrastructure is a costly, dangerous nightmare — but for automakers in pursuit of postcapitalist utopia, it’s a dream they can’t give up on.

Your car is stuffed full of microchips, a fact the world came to appreciate after the pandemic struck and auto production ground to a halt due to chip shortages. Of course, that wasn’t the whole story: when the pandemic started, the automakers panicked and canceled their chip orders, only to immediately regret that decision and place new orders.

But it was too late: semiconductor production had taken a serious body-blow, and when Big Car placed its new chip orders, it went to the back of a long, slow-moving line. It was a catastrophic bungle: microchips are so integral to car production that a car is basically a computer network on wheels that you stick your fragile human body into and pray.

The car manufacturers got so desperate for chips that they started buying up washing machines for the microchips in them, extracting the chips and discarding the washing machines like some absurdo-dystopian cyberpunk walnut-shelling machine:

https://www.autoevolution.com/news/desperate-times-companies-buy-washing-machines-just-to-rip-out-the-chips-187033.html

These digital systems are a huge problem for the car companies. They are the underlying cause of a precipitous decline in car quality. From touch-based digital door-locks to networked sensors and cameras, every digital system in your car is a source of endless repair nightmares, costly recalls and cybersecurity vulnerabilities:

https://www.reuters.com/business/autos-transportation/quality-new-vehicles-us-declining-more-tech-use-study-shows-2023-06-22/

What’s more, drivers hate all the digital bullshit, from the janky touchscreens to the shitty, wildly insecure apps. Digital systems are drivers’ most significant point of dissatisfaction with the automakers’ products:

https://www.theverge.com/23801545/car-infotainment-customer-satisifaction-survey-jd-power

Even the automakers sorta-kinda admit that this is a problem. Back in 2020 when Massachusetts was having a Right-to-Repair ballot initiative, Big Car ran these unfuckingbelievable scare ads that basically said, “Your car spies on you so comprehensively that giving anyone else access to its systems will let murderers stalk you to your home and kill you:

https://pluralistic.net/2020/09/03/rip-david-graeber/#rolling-surveillance-platforms

But even amid all the complaining about cars getting stuck in the Internet of Shit, there’s still not much discussion of why the car-makers are making their products less attractive, less reliable, less safe, and less resilient by stuffing them full of microchips. Are car execs just the latest generation of rubes who’ve been suckered by Silicon Valley bullshit and convinced that apps are a magic path to profitability?

Nope. Car execs are sophisticated businesspeople, and they’re surfing capitalism’s latest — and last — hot trend: dismantling capitalism itself.

Now, leftists have been predicting the death of capitalism since The Communist Manifesto, but even Marx and Engels warned us not to get too frisky: capitalism, they wrote, is endlessly creative, constantly reinventing itself, re-emerging from each crisis in a new form that is perfectly adapted to the post-crisis reality:

https://www.nytimes.com/2022/10/31/books/review/a-spectre-haunting-china-mieville.html

But capitalism has finally run out of gas. In his forthcoming book, Techno Feudalism: What Killed Capitalism, Yanis Varoufakis proposes that capitalism has died — but it wasn’t replaced by socialism. Rather, capitalism has given way to feudalism:

https://www.penguin.co.uk/books/451795/technofeudalism-by-varoufakis-yanis/9781847927279

Under capitalism, capital is the prime mover. The people who own and mobilize capital — the capitalists — organize the economy and take the lion’s share of its returns. But it wasn’t always this way: for hundreds of years, European civilization was dominated by rents, not markets.

A “rent” is income that you get from owning something that other people need to produce value. Think of renting out a house you own: not only do you get paid when someone pays you to live there, you also get the benefit of rising property values, which are the result of the work that all the other homeowners, business owners, and residents do to make the neighborhood more valuable.

The first capitalists hated rent. They wanted to replace the “passive income” that landowners got from taxing their serfs’ harvest with active income from enclosing those lands and grazing sheep in order to get wool to feed to the new textile mills. They wanted active income — and lots of it.

Capitalist philosophers railed against rent. The “free market” of Adam Smith wasn’t a market that was free from regulation — it was a market free from rents. The reason Smith railed against monopolists is because he (correctly) understood that once a monopoly emerged, it would become a chokepoint through which a rentier could cream off the profits he considered the capitalist’s due:

https://locusmag.com/2021/03/cory-doctorow-free-markets/

Today, we live in a rentier’s paradise. People don’t aspire to create value — they aspire to capture it. In Survival of the Richest, Doug Rushkoff calls this “going meta”: don’t provide a service, just figure out a way to interpose yourself between the provider and the customer:

https://pluralistic.net/2022/09/13/collapse-porn/#collapse-porn

Don’t drive a cab, create Uber and extract value from every driver and rider. Better still: don’t found Uber, invest in Uber options and extract value from the people who invest in Uber. Even better, invest in derivatives of Uber options and extract value from people extracting value from people investing in Uber, who extract value from drivers and riders. Go meta.

This is your brain on the four-hour-work-week, passive income mind-virus. In Techno Feudalism, Varoufakis deftly describes how the new “Cloud Capital” has created a new generation of rentiers, and how they have become the richest, most powerful people in human history.

Shopping at Amazon is like visiting a bustling city center full of stores — but each of those stores’ owners has to pay the majority of every sale to a feudal landlord, Emperor Jeff Bezos, who also decides which goods they can sell and where they must appear on the shelves. Amazon is full of capitalists, but it is not a capitalist enterprise. It’s a feudal one:

https://pluralistic.net/2022/11/28/enshittification/#relentless-payola

This is the reason that automakers are willing to enshittify their products so comprehensively: they were one of the first industries to decouple rents from profits. Recall that the reason that Big Car needed billions in bailouts in 2008 is that they’d reinvented themselves as loan-sharks who incidentally made cars, lending money to car-buyers and then “securitizing” the loans so they could be traded in the capital markets.

Even though this strategy brought the car companies to the brink of ruin, it paid off in the long run. The car makers got billions in public money, paid their execs massive bonuses, gave billions to shareholders in buybacks and dividends, smashed their unions, fucked their pensioned workers, and shipped jobs anywhere they could pollute and murder their workforce with impunity.

Car companies are on the forefront of postcapitalism, and they understand that digital is the key to rent-extraction. Remember when BMW announced that it was going to rent you the seatwarmer in your own fucking car?

https://pluralistic.net/2020/07/02/big-river/#beemers

Not to be outdone, Mercedes announced that they were going to rent you your car’s accelerator pedal, charging an extra $1200/year to unlock a fully functional acceleration curve:

https://www.theverge.com/2022/11/23/23474969/mercedes-car-subscription-faster-acceleration-feature-price

This is the urinary tract infection business model: without digitization, all your car’s value flowed in a healthy stream. But once the car-makers add semiconductors, each one of those features comes out in a painful, burning dribble, with every button on that fakakta touchscreen wired directly into your credit-card.

But it’s just for starters. Computers are malleable. The only computer we know how to make is the Turing Complete Von Neumann Machine, which can run every program we know how to write. Once they add networked computers to your car, the Car Lords can endlessly twiddle the knobs on the back end, finding new ways to extract value from you:

https://doctorow.medium.com/twiddler-1b5c9690cce6

That means that your car can track your every movement, and sell your location data to anyone and everyone, from marketers to bounty-hunters looking to collect fees for tracking down people who travel out of state for abortions to cops to foreign spies:

https://www.vice.com/en/article/n7enex/tool-shows-if-car-selling-data-privacy4cars-vehicle-privacy-report

Digitization supercharges financialization. It lets car-makers offer subprime auto-loans to desperate, poor people and then killswitch their cars if they miss a payment:

https://www.youtube.com/watch?v=4U2eDJnwz_s

Subprime lending for cars would be a terrible business without computers, but digitization makes it a great source of feudal rents. Car dealers can originate loans to people with teaser rates that quickly blow up into payments the dealer knows their customer can’t afford. Then they repo the car and sell it to another desperate person, and another, and another:

https://pluralistic.net/2022/07/27/boricua/#looking-for-the-joke-with-a-microscope

Digitization also opens up more exotic options. Some subprime cars have secondary control systems wired into their entertainment system: miss a payment and your car radio flips to full volume and bellows an unstoppable, unmutable stream of threats. Tesla does one better: your car will lock and immobilize itself, then blare its horn and back out of its parking spot when the repo man arrives:

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

Digital feudalism hasn’t stopped innovating — it’s just stopped innovating good things. The digital device is an endless source of sadistic novelties, like the cellphones that disable your most-used app the first day you’re late on a payment, then work their way down the other apps you rely on for every day you’re late:

https://restofworld.org/2021/loans-that-hijack-your-phone-are-coming-to-india/

Usurers have always relied on this kind of imaginative intimidation. The loan-shark’s arm-breaker knows you’re never going to get off the hook; his goal is in intimidating you into paying his boss first, liquidating your house and your kid’s college fund and your wedding ring before you default and he throws you off a building.

Thanks to the malleability of computerized systems, digital arm-breakers have an endless array of options they can deploy to motivate you into paying them first, no matter what it costs you:

https://pluralistic.net/2021/04/02/innovation-unlocks-markets/#digital-arm-breakers

Car-makers are trailblazers in imaginative rent-extraction. Take VIN-locking: this is the practice of adding cheap microchips to engine components that communicate with the car’s overall network. After a new part is installed in your car, your car’s computer does a complex cryptographic handshake with the part that requires an unlock code provided by an authorized technician. If the code isn’t entered, the car refuses to use that part.

VIN-locking has exploded in popularity. It’s in your iPhone, preventing you from using refurb or third-party replacement parts:

https://doctorow.medium.com/apples-cement-overshoes-329856288d13

It’s in fuckin’ ventilators, which was a nightmare during lockdown as hospital techs nursed their precious ventilators along by swapping parts from dead systems into serviceable ones:

https://www.vice.com/en/article/3azv9b/why-repair-techs-are-hacking-ventilators-with-diy-dongles-from-poland

And of course, it’s in tractors, along with other forms of remote killswitch. Remember that feelgood story about John Deere bricking the looted Ukrainian tractors whose snitch-chips showed they’d been relocated to Russia?

https://doctorow.medium.com/about-those-kill-switched-ukrainian-tractors-bc93f471b9c8

That wasn’t a happy story — it was a cautionary tale. After all, John Deere now controls the majority of the world’s agricultural future, and they’ve boobytrapped those ubiquitous tractors with killswitches that can be activated by anyone who hacks, takes over, or suborns Deere or its dealerships.

Control over repair isn’t limited to gouging customers on parts and service. When a company gets to decide whether your device can be fixed, it can fuck you over in all kinds of ways. Back in 2019, Tim Apple told his shareholders to expect lower revenues because people were opting to fix their phones rather than replace them:

https://www.apple.com/newsroom/2019/01/letter-from-tim-cook-to-apple-investors/

By usurping your right to decide who fixes your phone, Apple gets to decide whether you can fix it, or whether you must replace it. Problem solved — and not just for Apple, but for car makers, tractor makers, ventilator makers and more. Apple leads on this, even ahead of Big Car, pioneering a “recycling” program that sees trade-in phones shredded so they can’t possibly be diverted from an e-waste dump and mined for parts:

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

John Deere isn’t sleeping on this. They’ve come up with a valuable treasure they extract when they win the Right-to-Repair: Deere singles out farmers who complain about its policies and refuses to repair their tractors, stranding them with six-figure, two-ton paperweight:

https://pluralistic.net/2022/05/31/dealers-choice/#be-a-shame-if-something-were-to-happen-to-it

The repair wars are just a skirmish in a vast, invisible fight that’s been waged for decades: the War On General-Purpose Computing, where tech companies use the law to make it illegal for you to reconfigure your devices so they serve you, rather than their shareholders:

https://memex.craphound.com/2012/01/10/lockdown-the-coming-war-on-general-purpose-computing/

The force behind this army is vast and grows larger every day. General purpose computers are antithetical to technofeudalism — all the rents extracted by technofeudalists would go away if others (tinkereres, co-ops, even capitalists!) were allowed to reconfigure our devices so they serve us.

You’ve probably noticed the skirmishes with inkjet printer makers, who can only force you to buy their ink at 20,000% markups if they can stop you from deciding how your printer is configured:

https://pluralistic.net/2022/08/07/inky-wretches/#epson-salty But we’re also fighting against insulin pump makers, who want to turn people with diabetes into walking inkjet printers:

https://pluralistic.net/2022/06/10/loopers/#hp-ification

And companies that make powered wheelchairs:

https://pluralistic.net/2022/06/08/chair-ish/#r2r

These companies start with people who have the least agency and social power and wreck their lives, then work their way up the privilege gradient, coming for everyone else. It’s called the “shitty technology adoption curve”:

https://pluralistic.net/2022/08/21/great-taylors-ghost/#solidarity-or-bust

Technofeudalism is the public-private-partnership from hell, emerging from a combination of state and private action. On the one hand, bailing out bankers and big business (rather than workers) after the 2008 crash and the covid lockdown decoupled income from profits. Companies spent billions more than they earned were still wildly profitable, thanks to those public funds.

But there’s also a policy dimension here. Some of those rentiers’ billions were mobilized to both deconstruct antitrust law (allowing bigger and bigger companies and cartels) and to expand “IP” law, turning “IP” into a toolsuite for controlling the conduct of a firm’s competitors, critics and customers:

https://locusmag.com/2020/09/cory-doctorow-ip/

IP is key to understanding the rise of technofeudalism. The same malleability that allows companies to “twiddle” the knobs on their services and keep us on the hook as they reel us in would hypothetically allow us to countertwiddle, seizing the means of computation:

https://pluralistic.net/2023/04/12/algorithmic-wage-discrimination/#fishers-of-men

The thing that stands between you and an alternative app store, an interoperable social media network that you can escape to while continuing to message the friends you left behind, or a car that anyone can fix or unlock features for is IP, not technology. Under capitalism, that technology would already exist, because capitalists have no loyalty to one another and view each other’s margins as their own opportunities.

But under technofeudalism, control comes from rents (owning things), not profits (selling things). The capitalist who wants to participate in your iPhone’s “ecosystem” has to make apps and submit them to Apple, along with 30% of their lifetime revenues — they don’t get to sell you jailbreaking kit that lets you choose their app store.

Rent-seeking technology has a holy grail: control over “ring zero” — the ability to compel you to configure your computer to a feudalist’s specifications, and to verify that you haven’t altered your computer after it came into your possession:

https://pluralistic.net/2022/01/30/ring-minus-one/#drm-political-economy

For more than two decades, various would-be feudal lords and their court sorcerers have been pitching ways of doing this, of varying degrees of outlandishness.

At core, here’s what they envision: inside your computer, they will nest another computer, one that is designed to run a very simple set of programs, none of which can be altered once it leaves the factory. This computer — either a whole separate chip called a “Trusted Platform Module” or a region of your main processor called a secure enclave — can tally observations about your computer: which operating system, modules and programs it’s running.

Then it can cryptographically “sign” these observations, proving that they were made by a secure chip and not by something you could have modified. Then you can send this signed “attestation” to someone else, who can use it to determine how your computer is configured and thus whether to trust it. This is called “remote attestation.”

There are some cool things you can do with remote attestation: for example, two strangers playing a networked video game together can use attestations to make sure neither is running any cheat modules. Or you could require your cloud computing provider to use attestations that they aren’t stealing your data from the server you’re renting. Or if you suspect that your computer has been infected with malware, you can connect to someone else and send them an attestation that they can use to figure out whether you should trust it.

Today, there’s a cool remote attestation technology called “PrivacyPass” that replaces CAPTCHAs by having you prove to your own device that you are a human. When a server wants to make sure you’re a person, it sends a random number to your device, which signs that number along with its promise that it is acting on behalf of a human being, and sends it back. CAPTCHAs are all kinds of bad — bad for accessibility and privacy — and this is really great.

But the billions that have been thrown at remote attestation over the decades is only incidentally about solving CAPTCHAs or verifying your cloud server. The holy grail here is being able to make sure that you’re not running an ad-blocker. It’s being able to remotely verify that you haven’t disabled the bossware your employer requires. It’s the power to block someone from opening an Office365 doc with LibreOffice. It’s your boss’s ability to ensure that you haven’t modified your messaging client to disable disappearing messages before he sends you an auto-destructing memo ordering you to break the law.

And there’s a new remote attestation technology making the rounds: Google’s Web Environment Integrity, which will leverage Google’s dominance over browsers to allow websites to block users who run ad-blockers:

https://github.com/RupertBenWiser/Web-Environment-Integrity

There’s plenty else WEI can do (it would make detecting ad-fraud much easier), but for every legitimate use, there are a hundred ways this could be abused. It’s a technology purpose-built to allow rent extraction by stripping us of our right to technological self-determination.

Releasing a technology like this into a world where companies are willing to make their products less reliable, less attractive, less safe and less resilient in pursuit of rents is incredibly reckless and shortsighted. You want unauthorized bread? This is how you get Unauthorized Bread:

https://arstechnica.com/gaming/2020/01/unauthorized-bread-a-near-future-tale-of-refugees-and-sinister-iot-appliances/amp/

If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

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

[Image ID: The interior of a luxury car. There is a dagger protruding from the steering wheel. The entertainment console has been replaced by the text 'You wouldn't download a car,' in MPAA scare-ad font. Outside of the windscreen looms the Matrix waterfall effect. Visible in the rear- and side-view mirror is the driver: the figure from Munch's 'Scream.' The screen behind the steering-wheel has been replaced by the menacing red eye of HAL9000 from Stanley Kubrick's '2001: A Space Odyssey.']

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

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