Desktops (Apple)

Humble Subscription Service Is Dumping Mac, Linux Access In 18 Days (arstechnica.com) 37

An anonymous reader quotes a report from Ars Technica: Humble, the bundle-centric games retailer that launched with expansive Mac and Linux support in 2010, will soon shift a major component of its business to Windows-only gaming. The retailer's monthly subscription service, Humble Choice, previously offered a number of price tiers; the more you paid, the more new games you could claim in a given month. Starting February 1, Humble Choice will include less choice, as it will only offer a single $12/month tier, complete with a few new game giveaways per month and ongoing access to two collections of games: Humble's existing "Trove" collection of classic games, and a brand-new "Humble Games Collection" of more modern titles.

But this shift in subscription strategy comes with a new, unfortunate requirement: an entirely new launcher app, which must be used to access and download Humble Trove and Humble Games Collection games going forward. Worse, this app will be Windows-only. Current subscribers have been given an abrupt countdown warning (as spotted by NeoWin). Those subscribers have until January 31 to use the existing website interface to download DRM-free copies of any games' Mac or Linux versions. Starting February 1, subscription-specific downloads will be taken off the site, and Mac and Linux versions in particular will disappear altogether. Interestingly, the current Trove library consists of 79 games, but Humble says that the Trove collection will include "50+ games" starting February 1. This week's warning to Humble's Mac and Linux subscribers notes that "many" of the current Trove games will appear on the Humble Launcher, which is likely a nice way of saying that some of the existing games will not -- perhaps around 20 or so, based on the aforementioned numbers. Despite these changes, Trove's selection of games will remain DRM-free. FAQs about the Humble Launcher suggest that subscribers can download Trove files and continue accessing them in DRM-free fashion, no Humble Launcher or ongoing subscription required. The same promise has not been made for the more modern game collection found in the new Humble Games Collection.

Intel

Intel's Dropping of SGX Prevents Ultra HD Blu-Ray Playback on PCs (ghacks.net) 81

Intel removed the security feature SGX from processors of the 11th and newer generations. Problem is, the feature is one of the requirements to play Ultra HD Blu-Ray discs on computer systems. From a report: The Ultra HD Blu-Ray format, often referred to as 4K Ultra HD or 4K Blu-Ray, supports 4K UHD playback with a pixel resolution of 3840x2160. One of the requirements for playback of Ultra HD Blu-Ray discs on PCs is that SGX is supported by the installed processor and by the motherboard firmware. The Blu-Ray Disc Association defined DRM requirements for Ultra HD Blu-Ray disc playback. Besides SGX, playback is protected by HDCP 2.2 and AACS 2.0, with some discs using AACS 2.1. Intel Software Guard Extensions (SGX) "allow user-level as well as operating system code to define private regions of memory, called enclaves, whose contents are protected and unable to be either read or saved by any process outside the enclave itself, including processes running at higher privilege levels" according to Wikipedia.
DRM

Chip Shortage Has Canon Telling Customers How To Defeat Its DRM (arstechnica.com) 55

An anonymous reader quotes a report from Ars Technica: For years, printers have been encumbered with digital rights management systems that prevent users from buying third-party ink and toner cartridges. Printer companies have claimed that their chip-enabled cartridges can "enhance the quality and performance" of their equipment, provide the "best consumer experience," and "protect [the printers] from counterfeit and third-party ink cartridges." Left unsaid is the fact that requiring first-party cartridges also ensures a recurring revenue stream. It's an old business model -- Gillette sold its razor handles cheaply to sell more razors, for example -- and it's one that printer companies have enthusiastically embraced. Lexmark, HP, Canon, Brother, and others all effectively require users to purchase first-party ink and toner. To enforce the use of first-party cartridges, manufacturers typically embed chips inside the consumables for the printers to "authenticate." But when chips are in short supply, like today, manufacturers can find themselves in a bind. So Canon is now telling German customers how to defeat its printers' warnings about third-party cartridges.

"Due to the worldwide continuing shortage of semiconductor components, Canon is currently facing challenges in procuring certain electronic components that are used in our consumables for our multifunction printers (MFP)," a Canon support website says in German. "In order to ensure a continuous and reliable supply of consumables, we have decided to supply consumables without a semiconductor component until the normal supply takes place again." [...] The software on these printers comes with a relatively simple way to defeat the chip checks. Depending on the model, when an error message occurs after inserting toner, users can press either "I Agree," "Close," or "OK." When users press that button, the world does not end. Rather, Canon says users may find that their toner cartridge doesn't give them a low-toner warning before running empty. "Although there are no negative effects on print quality when consumables are used without electronic components, certain additional functions, such as the detection of the toner level, may be impaired," Canon's support site says.

DRM

FSF's Anti-DRM Campaign Plans Bad-Review Protest Against Disney+ (fsf.org) 76

For their fifteenth International Day Against DRM this Friday, the Free Software Foundation's "Defective by Design" campaign is "calling on you to help us send a message to purveyors of Digital Restrictions Management (DRM)".

And this year they're targeting Disney+ The ongoing pandemic has only tightened the stranglehold streaming services have as some of the most dominant forms of entertainment media, and Disney+ is among the worst of them. After years of aggressive lobbying to extend the length of copyright, based on their perceived need to keep a certain rat from entering the public domain, they've now set their sights on "protecting" their various franchises in a different way: by shackling them with digital restrictions. If Disney's stated mission is to keep "inspiring hope and sparking the curiosity of all ages", using DRM to limit that curiosity remains the wrong move.

This year, we'll be using one of Disney's own means of spreading their "service" and the DRM bundled with it: their mobile app. If you're an existing user of the Google Play (Android) or Apple App Stores, you can support the International Day Against DRM by voicing your objection to Disney's subjugation of their users. Streaming services like Netflix and Peacock have the same issues, but by targeting a newer one with such massive investment and capital behind it, we can make sure that we're heard. Disney+ is new: that gives it time to change.

Disney+ is placed near the top of the most frequently downloaded apps on both the Google Play and Apple App Stores. We invite you to write a well-thought objection to Disney's use of DRM, with a fitting review. It is the perfect way to let the corporation, and other users intending to use its services know Disney's grievous mistake in using DRM to restrict customers who already want to view their many films and television shows. It will give you a chance to give them the exact rating that any service that treats its users so poorly: a single star.

DRM isn't the only problem with the Disney+ app. It's also nonfree software. If you're not already an Android or iOS user, we don't recommend starting an account just to participate in this action. You can also choose to send an email to Disney executives following our template.

They're urging supporters to also share the actions they've taken on social media using the tag #DayAgainstDRM. (And there's also an IRC channel "to discuss and share strategies for anti-DRM activism," with more anti-DRM actions still to come.

"While some aspects of the struggle have changed, the core principles remain the same: users should not be forced to surrender their digital autonomy in exchange for media."
DRM

Blind People Won the Right To Break eBook DRM. In 3 Years, They'll Have To Do It Again (wired.com) 74

An anonymous reader quotes a report from Wired: Advocates for the blind are fighting an endless battle to access ebooks that sighted people take for granted, working against copyright law that gives significant protections to corporate powers and publishers who don't cater to their needs. For the past year, they've once again undergone a lengthy petitioning process to earn a critical exemption to the 1998 Digital Millennium Copyright Act that provides legal cover for people to create accessible versions of ebooks. Baked into Section 1201 of the DMCA is a triennial process through which the Library of Congress considers exceptions to rules that are intended to protect copyright owners. Since 2002, groups advocating for the blind have put together lengthy documents asking for exemptions that allow copy protections on ebooks to be circumvented for the sake of accessibility. Every three years, they must repeat the process, like Sisyphus rolling his stone up the hill.

On Wednesday, the US Copyright Office released a report (PDF) recommending the Librarian of Congress once again grant the three-year exemption; it will do so in a final rule (PDF) that takes effect on Thursday. The victory is tainted somewhat by the struggle it represents. Although the exemption protects people who circumvent digital copyright protections for the sake of accessibility -- by using third-party programs to lift text and save it in a different file format, for example -- that it's even necessary strikes many as a fundamental injustice.

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

The Internet

Denuvo-Protected Games Rendered Unplayable After Domain Expires (torrentfreak.com) 65

An anonymous reader quotes a report from TorrentFreak: Last evening the web was alive with angry players who couldn't play their games due to an unexpected error. While the situation is still not completely clear, it appears that someone allowed a domain used by Denuvo's anti-piracy technology to expire, meaning that players of some big games couldn't enjoy what they had paid for. [...] According to Alex Buckland, the DRM provider for all of the affected games had let a key domain expire, rendering the system inoperable. Following the failure to renew, the domain then went into a grace period but when that expired too, it appears to have been removed from DNS records. This meant that the domain would not resolve to an IP address, effectively breaking the system.

To solve the problem, some users on Steam posted up tutorials for players to modify their Windows HOSTS file to point to the last known IP address for the domain. This appeared to do the trick but obviously, such drastic measures shouldn't be needed to play a game that has been legally purchased -- especially those that are single-player only.

DRM

FSF Celebrates New Copyright Exemptions, But Renews Call For Repealing all DRM Laws (fsf.org) 34

After the U.S. Copyright Office's once-every-three-years review of allowed exemptions, "We have some good news to share...." reads a new announcement this week from the Free Software Foundation: The FSF was one of several activist organizations pushing for exemptions to the anticircumvention rules under the Digital Millennium Copyright Act (DMCA) that make breaking Digital Restrictions Management (DRM) illegal, even for ethical and legitimate purposes. We helped bring public awareness to a process that is too often only a conversation between lawyers and bureaucrats.

As of late last week, there are now multiple new exemptions that will help ease some of the acute abuse DRM inflicts on users.

However, the main lesson to be learned here is that we should and must keep pushing. Individual, specific exemptions are not enough. The entire anticircumvention law needs to be repealed. We want to thank the 230 individuals who co-signed their names to our comments supporting exemptions across the board. We should take this as a sign that even though it can be difficult, anti-DRM activism yields practical results.

Section 1201 is one of the most nefarious sections of the DMCA. The provisions contained in 1201 impose legal penalties against anyone trying to circumvent the DRM on their software and devices or, in other words, anyone who tries to control that software or device themselves instead of leaving it up to its corporate overlords.... It takes the hard work of hundreds to secure the anticircumvention use exemptions we already have, and even more work to eke out a few more. Yet thanks to the support of citizens, activists, and researchers around the world, the U.S. Copyright Office has approved a few more, while at the same time demonstrating the DMCA's serious flaws.

In coverage of the new round of anticircumvention exemptions we've seen so far, something that stands out is the U.S. Copyright Office's approval for blind users to break the digital restrictions preventing any ebooks from being processed through a screen reader. At least at first glance, it looks like a big win for all of us concerned with user freedom, but a closer look shows something more sinister, as the U.S. Copyright Office refused to make this exemption permanent. The message this sends to all user freedom activists, but especially the visually impaired among us, is: "we're giving you this now because it would seem inhumane otherwise, but we hope that you'll forget to fight for it later so we can allow corporations to keep on restricting you...."

[P]articipating organizations have been able to make progress on other important exemptions, whether that's the right to install free software on wireless routers or the right to repair dedicated devices like game consoles. It's the coalescing of groups like these that is "chipping away" at Section 1201. At the same time, it's telling that we're forced to fight tooth and nail for the meager exemptions we're granted, even with such a broad base of support. The corporations who have a vested interest in the DMCA and Congress itself are content with the status quo, but we shouldn't be content with patches on a broken system. Incremental progress against Section 1201 is of course a good thing, but we shouldn't lose sight of our goal as user freedom activists: a complete repeal of Section 1201, and all other laws that codify or mandate DRM.

The Defective by Design campaign takes a radical stance when it comes to DRM and the laws that support it. We believe that they should not exist at all, under any circumstance, and we need your help to support this mission....

Windows

OneAPI/L0, OpenVINO and OpenCL Coming To WSL2 For Intel GPUs (phoronix.com) 6

"Intel is gearing up to go to a war with Nvidia," writes Slashdot reader labloke11. "They have their OneAPI and their GPU. It will be interesting... For me, I like competition." Phoronix reports: While Intel Alder Lake is dominating today's news cycle, Intel and Microsoft also announced today that they have brought oneAPI Level Zero and Intel OpenCL support to Windows Subsystem for Linux (WSL2) while employing Intel graphics hardware acceleration. Similar to NVIDIA bringing CUDA and their accelerated GPU support to WSL2 as well as similar efforts by AMD on the Radeon side, Intel and Microsoft are now having Intel graphics compute working within the Linux confines on Windows 11 or Windows 10 21'H2. Hardware-accelerated oneAPI Level Zero, OpenVINO, and OpenCL on Intel graphics hardware can now be enjoyed within the WSL2 environment when using the latest updates and drivers. Like with the rest of the WSL2 stack and capabilities from other GPU vendors, this is at a near-native level of performance. More information can be found via the Microsoft Command Line blog and Intel blog.
DRM

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

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

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

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

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

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

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

GNU is Not Unix

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Microsoft

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DRM

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

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

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

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

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

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

DRM

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

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

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

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

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

GNU is Not Unix

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Slashdot Top Deals