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Ruminations on software freedom

By Jake Edge
August 29, 2007

The failure of Microsoft's anti-piracy servers over the weekend would seem an easy entree to some Redmond-bashing, but there are far more important issues to consider. It is sometimes easy to forget about the "freedom" in free software, but that is exactly what protects the users of Linux and other free systems from this kind of misfeature. Using proprietary, closed source software with a decidedly one-sided license agreement is not wrong, per se, but should be considered carefully – not just entered into blindly as is often the case.

With a name that seems like the straight line of a joke, Windows Genuine Advantage (WGA) is the "service" that Microsoft uses to attempt to detect and semi-disable copies of Windows that it concludes have been illegally installed. Each copy checks in with a remote server, sending over some hardware and software profile information to determine if it is properly licensed. Any number of things could happen to a "pirated" copy, but currently XP users get a popup that alerts them to their piracy, while Vista users get some – supposedly non-critical – features disabled. All of which might be reasonable for a truly pirated copy, but for users who are properly licensed, it is annoying, at best, to be treated as a criminal.

For approximately 19 hours starting on Friday 24 August, the WGA servers were not working correctly; some 12,000 machines that checked in with them during that time were marked, incorrectly in the vast majority of cases, as pirated. The first responses from Microsoft technical support indicated that it might be several days before the service was back: "kindly try to validate again on Tuesday 28 Aug 2007." In fact, the WGA team identified and fixed the problem in less than a day, but it highlights that the default or failsafe condition for WGA is "pirated." Vista users were particularly incensed as they had to endure reduced functionality of their fully legal copies of the software.

The reactions of some users to the WGA blog posting announcing the fix were rather telling. Thanking Microsoft for fixing the problem – which they, of course, created – so quickly and over a weekend, while writing off any angry users as cranks, makes it seem that everyone should be thankful that they have any software at all. Many users are willing to cede control of their software to the vendor.

Microsoft is not alone in the practice of software and hardware validation, many copy protection and license key schemes depend on some kind of matching between the key and the hardware it is licensed for. Other vendors snoop on their users, in the interests of cheating prevention in games for example, and report back to central servers. Skype was recently found to root around in Firefox profiles for unknown (possibly benign) reasons. It comes down to a question of who controls the system, both hardware and software, that one has purchased.

The control issue comes in other forms as well. Proprietary data formats are one of the current battlefields. It is rather amazing that folks will pay lots of money to lock up their data in a format that they will probably be unable to read in ten years time; unless they periodically convert it to use the latest format. So-called Digital Rights Management (DRM) is yet another control scheme that imposes restrictions, determined by the vendor, on books, videos, music, and the like. These restrictions are not arbitrary, the sellers try to optimize their income by imposing constraints that won't chase away the majority of their customers.

There are tradeoffs here, folks are generally willing to trade their freedom for the latest whiz-bang software feature or a copy of the latest movie. They rarely think of it in those terms, however. The copyright owners may be within their rights to try to get buyers to agree to their terms; so far, they have largely been successful. There are hopeful signs that people are waking up, recognizing these schemes – DRM, proprietary formats, anti-piracy authentication, etc. – for what they are, an unabashed attempt to control as much as they can get away with.

It will be very interesting to watch how the "iPod generation" reacts when the iPod is no longer the music player of choice. All of the music that they "bought" from iTunes will not play elsewhere. Apple will, in all likelihood, make it as hard as possible to migrate to another player, even if their market dominance in digital music players has passed. Users will be left with no choice but to "buy" the music again, which is great for the record companies, but not so much for the users.

Google Video users ran into the same problem recently, their DRM-infected videos were to stop playing after 15 August. After initially mishandling the revocation, along with a poorly received refund plan, Google has since relented, offering a full refund and extending the life of the videos until February 2008. With luck, users who have been bitten by these schemes will demand DRM-free versions when they make their second purchase.

Users of free software and open formats are largely immune to this kind of silliness. There is no "Linux Genuine Advantage" server running in Linus Torvalds' basement, checking to make sure we are properly licensed. Even the commercial Linux vendors, whose livelihood depends on support subscriptions, cannot get away with enforcing WGA-like schemes; free software can be rewritten, legally, to avoid them. Red Hat, Novell or others cannot reduce your functionality or hold your data hostage, there is no lock-in.

Free software and open formats provide freedom, which is easy to overlook when using them on a day-to-day basis. One can feel very secure that a file created using OpenOffice.org or Gimp today will be readable by something – those applications may be long gone – in 50 or 100 years. Assuming that the data stored on our backup media today can be retrieved in the distant future (and that may be a big assumption), the documents, music, pictures, etc. that were stored there will undoubtedly be retrievable. If someone can find compatible hardware, distribution Live CDs will boot and run, without authenticating anywhere. Proprietary and closed format users have no such assurance.


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The flaw of Software as a Service

Posted Aug 30, 2007 0:47 UTC (Thu) by pizza (subscriber, #46) [Link]

The deeper problem here isn't the fact that Microsoft software phoned home.. but rather, the fact that an important service went offline for 19 hours.

When any external service/server holds your data and suddenly becomes unaccessible, what are you to do? Can't get to your e-mail, your photos, your payroll data, your business plans, your pr0n, or other important data?

It's for reasons like this I host my own "critical" services. Even if a backhoe (or as they're called in Florida, hurricanes) comes along, I can still get to my data, and nobody can hold it hostage or change the terms of service on a whim.

The flaw of Software as a Service

Posted Aug 30, 2007 2:46 UTC (Thu) by drag (subscriber, #31333) [Link]

It's a difference of perspective.

Microsoft's software does not allow you the freedom to host your own version of this critical service. Free Software does.

It's probably the same thing that happened to Skype. It's software does not allow you to host your own version of whatever-skype's-servers-do-for-you on your own systems. If it was Free Software it would.

Depending on how you look at it, the freedom provided by Free Software is what makes Open Source Software work, what allows it to be a better development methodology.

Despite all the friction that you see between the 'Free Software' ra-ra camp and the 'Open Source Software' lets-not-scare-the-squares camp.. without the 'Software Freedom' none of Linux or any of the major products used and developed on Linux would ever work. It simply would of never gotten this far being just a 'shareware OS'.

It would just be a toy for software elitists... like BeOS is.

The flaw of Software as a Service

Posted Aug 30, 2007 9:33 UTC (Thu) by nix (subscriber, #2304) [Link]

What's worse is that it's not just a single point of failure: it's a *wholly unnecessary* one, from the point of view of the users. All it can do is hurt you.

The flaw of Software as a Service

Posted Sep 6, 2007 6:06 UTC (Thu) by eduperez (guest, #11232) [Link]

The deep problem here is that people who own a Windows operating system did not pay for a service, they payed a license to use a product on their own computer. When I pay to the telephone company for the service, I know that such service may be interrupted if a line breaks. When I buy a car, I do not expect it to stop working even if the manufacturer's headquarters set on fire.

Preaching to the choir?

Posted Aug 30, 2007 1:47 UTC (Thu) by proski (subscriber, #104) [Link]

It's an excellent story, but it would have more impact if it appeared on a more mainstream site.

Skype groping Firefox...

Posted Aug 30, 2007 2:02 UTC (Thu) by ronaldcole (guest, #1462) [Link]

I'd hazard a guess that it's looking to see if you've removed the plugin that it installed without your permission and possibly reporting back.

Ruminations on software freedom

Posted Aug 30, 2007 2:53 UTC (Thu) by iabervon (subscriber, #722) [Link]

I have this image of Linus setting up a server that makes sure you have the source to the kernel you're running. After all, if people didn't all get the source, Linus might start having to make backups, which would threaten his manliness.

Ruminations on software freedom

Posted Aug 30, 2007 2:56 UTC (Thu) by Max.Hyre (subscriber, #1054) [Link]

Could this mean that Richard Stallman has a point? That Free Software is much more than an efficient method of writing a program?

Ruminations on software freedom

Posted Aug 30, 2007 8:25 UTC (Thu) by ekj (subscriber, #1524) [Link]

Richard always has a point. Sometimes it takes a decade or more for other people to discover that he infact does have one.

Ruminations on software freedom

Posted Aug 30, 2007 8:53 UTC (Thu) by superstoned (subscriber, #33164) [Link]

+1

This doesn't mean it's always practical or usefull what he says, but yes,
imho he always has a point. Yet moral stuff is dificult. Someone asked me
once if I considered running proprietary software immoral.

Well, I said, strictly speaking, yes. That software is designed (besides
it's normal purpose) to take away freedom, and by running it, you help it
accomplish that - it all depends on market share, after all. But that
doesn't mean I wouldn't want to run non-free software, or bash ppl who
do.

Why? There is a difference between strictly speaking and real life.
Strictly speaking, if you go out for dinner, and spend like 50 bucks for
a meal, that's immoral. In Africa, people die because they don't have 1
buck for food. You can't justify spending 400 bucks on a nice day in
DisneyLand with your family while that money could have saved tens of
lives.

Yet you do it. And nobody considers you evil. Moral issues are difficult
and weird. So yes, Stallman is "Right" (TM).

Ruminations on software freedom

Posted Aug 30, 2007 3:59 UTC (Thu) by thedevil (guest, #32913) [Link]

>> It will be very interesting to watch how the "iPod generation" reacts <<

They'll just move on to the next Britney, exactly as the studios want them to.

Ruminations on software freedom

Posted Aug 30, 2007 9:35 UTC (Thu) by nix (subscriber, #2304) [Link]

I wasn't aware the studios were working on cloning Bach as well. Neat.

Ruminations on software freedom

Posted Aug 30, 2007 12:15 UTC (Thu) by ssharkey (subscriber, #4451) [Link]

Frankly, I hope that we will see more and wider-spread problems like this, sooner rather than later. Most people DO NOT understand the degree to which their freedom has already been encumbered, but incidents like this one will make people aware of the problem better than anything we in the open source community can do.

The problem with the WGA initiative, as well as most of the "phone home" DRM schemes is that this kind of outage is inevitable, so the sooner they happen, and the more widespread the disruption, the sooner people will be shaken out of their complacency and start campaigning to eliminate these schemes.

So, if the failures are gonna happen (and I believe they will), I hope
that they are soon, and wide-spread!

Ruminations on software freedom

Posted Aug 30, 2007 13:19 UTC (Thu) by NAR (subscriber, #1313) [Link]

the more widespread the disruption, the sooner people will be shaken out of their complacency and start campaigning to eliminate these schemes.

I'm not that optimistic. The PC is nearly 30 years old and people are too well used to see it crashing, halting, freezing, locking up or generally becaming unusable. Actually my brand new laptop is doing this with Linux too.

Bye,NAR

Ruminations on software freedom

Posted Aug 30, 2007 18:36 UTC (Thu) by pcharlan (subscriber, #29128) [Link]

This is wholly different than computers not working well. I have been watching computers lock up for 30 years, but a couple of months ago while syncing my iPod, iTunes removed an album from my iPod because it decided that I didn't have permission to listen to it.

That album is the only thing I had bought from iTunes. In other words, the one product that it should have known I *did* have the copyright holder's permission to listen to, it erased from my iPod without asking and didn't even tell me how to resolve the situation. (Re-"authorizing" the computer eventually resolved it.)

What makes this different from a crashing computer is that it's not merely being flakey. It's not going to sleep. Rather it's WAKING UP and taking control of things that I'm normally in control of, and I'm utterly at its mercy.

This has happened a couple of times. The first time it happened shocked and outraged me to the point that I won't buy DRM'd music again, no matter how convenient. Because you don't "own" jack squat, and you never know if the computer's going to "let" you listen to it.

Jake, really great article. It should be on the front page of the Wall Street Journal.

Ruminations on terminology

Posted Aug 30, 2007 13:23 UTC (Thu) by bignose (subscriber, #40) [Link]

This article makes good points and I thank the author for writing it. The points are somewhat undermined, though, by some poor terminology choices.

> All of which might be reasonable for a truly pirated copy, but for users who are properly licensed, it is annoying, at best, to be treated as a criminal.

Please don't legitimise the usage of "piracy" to refer to anything but the existing crime of that name: violence and theft against ships on the open sea. Unless the software was taken in this manner, there's no such thing as a "truly pirated copy".

Saying "truly infringing" or "truly copyright-infringing" would be more accurate and avoid the emotionally-laden term.

> many copy protection and license key schemes depend on

Please don't refer to *restrictions* on users' freedom as "protection", since it makes the error of presenting those who employ the restrictions as people in need of defence from some harm. Referring to "copy restriction" is more accurate and avoids that error.

> The copyright owners may be within their rights

Talking about a "copyright owner" is misleading; copyright is held for a limited time, there is no "ownership" of a copyright in the sense many people understand it, and this term reinforces the fiction that copyright is a permanent property right. Referring to "copyright holders" is more accurate and less misleading.

These terms may superficially seem like insignificant points to dwell on, but framing the debate is a vital part of how these issues are discussed. The misleading terms "software pirate", "copy protection", "copyright owner" are all explicitly chosen by those who wish to frame the debate as one of "intellectual property".

If you reject that view, please don't use it's terms, and please correct others when they (consciously or otherwise) use them to frame the discussion that way.

Tyrannical software

Posted Aug 30, 2007 14:06 UTC (Thu) by abatters (subscriber, #6932) [Link]

Having access to source code is great for us programmers. Not having to shell out $$$ for every little program I want to try is nice too. But IMHO, the most important reason to use free software is that it works FOR me rather than AGAINST me. It reminds me of Lincoln's "government of the people, by the people, for the people". Free software is in some ways like freedom from tyranny. Except of course if you believe MS, in which case we are all a bunch of communists...

Regarding iTunes Music Store DRM

Posted Aug 30, 2007 15:29 UTC (Thu) by dowdle (subscriber, #659) [Link]

While I'm not trying to advocate the use of iTunes Music Store or their DRM... can't an iTMS user burn their music to an audio CD and then rip it back into a non-DRM'ed format? I don't know if iTunes would be happy to rip it back but there are lots of other programs that just see an audio CD to rip.

There might be some lose in audio quality... and there might be some terms in their license agreements / service agreements that forbid that... but technically it is possible... so perhaps iTMS users won't lose their music if they stop using iTunes and/or an iPod. Of course, that requires extra work on the part of the user.

Burn and rip

Posted Sep 1, 2007 23:25 UTC (Sat) by man_ls (subscriber, #15091) [Link]

It is such a hassle that most people so burned (so to speak) will never buy DRM'd music again. Which is good.

Regarding iTunes Music Store DRM

Posted Sep 3, 2007 22:16 UTC (Mon) by allesfresser (subscriber, #216) [Link]

Yes, it's possible, but converting all your (purchased) music that way uses up physical resources (blank CD-Rs) and time, and most people just don't care enough to bother, exactly as Apple Marketing's customer research and UI design said they wouldn't.

Regarding iTunes Music Store DRM

Posted Sep 7, 2007 11:06 UTC (Fri) by Cato (subscriber, #7643) [Link]

The loss of audio quality is enough to stop people doing this - if you wanted to convert from Apple's AAC format to the more standard and DRM-free MP3, you would end up going through two sets of audio compression, making the quality significantly worse.

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