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IP: nfoworld column on how DMCA widens gap between open and closed source
From: Dave Farber <dave () farber net>
Date: Mon, 11 Mar 2002 14:33:05 -0500
------ Forwarded Message From: "Christopher Herot" <cherot () herot com> Date: Mon, 11 Mar 2002 13:19:21 -0500 To: "Dave Farber" <dave () farber net> Subject: Infoworld column on how DMCA widens gap between open and closed source http://www.infoworld.com/articles/op/xml/02/03/11/020311opsource.xml March 8, 2002 01:01 PM PST Some games aren't fun Russell Pavlicek A TUG-OF-WAR is in progress between users of proprietary software and the software companies. If you cannot control the software you use, control of your business is at risk. Recent events demonstrate how the Digital Millennium Copyright Act (DMCA) can be used by software companies to wrest control of proprietary software from you. Blizzard Entertainment, a popular maker of networked PC games, recently demanded that an open-source project, bnetd, be shut down under the provisions of the DMCA. The "crime" of the project is interesting: It provided software that emulates the server portion of some networked games. This allows people who legitimately purchased Blizzard software to create private game networks with their friends. Unfortunately, because the open-source server does not (and cannot) contain Blizzard's proprietary ID check, it also permits people with pirated copies to use the server. So, in the name of the anti-piracy provision of the DMCA, bnetd has been shut down (for the moment, anyway). Now, someone may ask, "What does this have to do with me? I'm interested in running a business, not playing games." In this case, the distinction between game and business software is immaterial. Whether in the office or in the den, software providers will continue to push the envelope to expand their control in order to protect their interests. And their expansion of control will in all likelihood reduce your control over your business. The problem here is one of precedent. If you thought you were free to use legally obtained software any way you wanted, think again. Under the guise of protecting its intellectual property, Blizzard has also demonstrated that it is possible to force its customers to use its software with its services alone. And don't think for a minute that the rest of the software industry hasn't noticed. Up until now, producers of a product could void a warranty if you did not use the product according to the manufacturer's instructions. But now, the producers of a product can actually demand that you use the product in a certain way. Attempting to use the product in a different way could not only void the warranty, it could make you subject to prosecution. It's amazing how the right to protect intellectual property has managed to erode the rights of consumers. Open source, on the other hand, specifically seeks to empower software consumers, giving them the right to use, distribute, modify, and distribute modifications to the software. In the days ahead, I fully expect that the gap between the rights of open source and the restrictions of closed source will begin to resemble the Grand Canyon. Many Blizzard software users are now calling for a boycott of the software company. Others are investigating a legal response. Still others are seeking to overturn the DMCA. But the big question is, what will be your response when it happens to you? If you are relying on closed source software, your time may be closer than you know. Copyright 2001 InfoWorld Media Group, Inc. ------ End of Forwarded Message For archives see: http://www.interesting-people.org/archives/interesting-people/
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- IP: nfoworld column on how DMCA widens gap between open and closed source Dave Farber (Mar 11)