Bonum Certa Men Certa

'Unauthorised' Programming and What It Means to Software Freedom

Summary: DRM and DMCA versus society, or how operation-restricting legal mechanisms are affecting coders, for whom not only software patents are now a creativity wall

PEOPLE WHO buy a mobile phone may think that they own it, but they don't. Putting aside phones' role as surveillance devices (tracking the so-called 'owner'), phones are to be treated more like rented devices, especially after this new ban [1] which calls modification "unlocking" and then criminalises it. This unjust move is sheltered by some unjust laws previously passed against the people and for corporations. The same sorts of laws also ban circumvention of DRM, which based on reports [2] may actually be doing more harm than good to business.



The most interesting article, however, speaks of a Free software project [3] which is now held liable for third-party DRM-busting. This puts under unprecedented siege software developers all around the world. The legal system is yet again being used to impose restrictions on software developers.

Related/contextual items from the news:



  1. Unauthorized unlocking of smartphones becomes illegal Saturday
    The feds mandate fidelity between carriers and users: New rule under DMCA outlaws unlocking new handsets without carrier permission.


  2. What Piracy? Removing DRM Boosts Music Sales by 10 Percent
    DRM was once praised as the ultimate tool to prevent music piracy, but new research shows that the opposite is true. Comparing album sales of four major labels before and after the removal of DRM reveals that digital music revenue increases by 10% when restrictions are removed. The effect goes up to 30% for long tail content, while top-selling albums show no significant jump. The findings suggest that dropping technical restrictions can benefit both artists and the major labels.


  3. Court: Open Source Project Liable For 3rd Party DRM-Busting Coding
    A judgment handed down by a German court against an open source software project is being described as “worrisome” by the company at the heart of the case. Appwork, the outfit behind the hugely popular JDownloader software, can be held liable for coding carried out by third-party contributors, even when they have no knowledge of its functionality. Appwork informs TorrentFreak that the judgment will be a burden on the open source creative process.


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