Microsoft will keep the root passwords for your personal computers, and not let you have them.
The proponents of this scheme have given it names such as “trusted computing” and “Palladium.” We call it “treacherous computing” because the effect is to make your computer obey companies even to the extent of disobeying and defying you. This was implemented in 2007 as part of Windows Vista; we expect Apple to do something similar. In this scheme, it is the manufacturer that keeps the secret code, but the FBI would have little trouble getting it.
What Microsoft keeps is not exactly a password in the traditional sense; no person ever types it on a terminal. Rather, it is a signature and encryption key that corresponds to a second key stored in your computer. This enables Microsoft, and potentially any web sites that cooperate with Microsoft, the ultimate control over what the user can do on his own computer.
Vista also gives Microsoft additional powers; for instance, Microsoft can forcibly install upgrades, and it can order all machines running Vista to refuse to run a certain device driver. The main purpose of Vista’s many restrictions is to impose DRM (Digital Restrictions Management) that users can’t overcome. The threat of DRM is why we have established the Defective by Design campaign.
When this story was first written, the SPA was threatening small Internet service providers, demanding they permit the SPA to monitor all users. Most ISPs surrendered when threatened, because they cannot afford to fight back in court. One ISP, Community ConneXion in Oakland, California, refused the demand and was actually sued. The SPA later dropped the suit, but obtained the DMCA, which gave them the power they sought.
The SPA, which actually stands for Software Publishers Association, has been replaced in its police-like role by the Business Software Alliance. The BSA is not, today, an official police force; unofficially, it acts like one. Using methods reminiscent of the erstwhile Soviet Union, it invites people to inform on their coworkers and friends. A BSA terror campaign in Argentina in 2001 made slightly veiled threats that people sharing software would be raped.
The university security policies described above are not imaginary. For example, a computer at one Chicago-area university displayed this message upon login:
This system is for the use of authorized users only. Individuals using this computer system without authority or in the excess of their authority are subject to having all their activities on this system monitored and recorded by system personnel. In the course of monitoring individuals improperly using this system or in the course of system maintenance, the activities of authorized user may also be monitored. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of illegal activity or violation of University regulations system personnel may provide the evidence of such monitoring to University authorities and/or law enforcement officials.
This is an interesting approach to the Fourth Amendment: pressure most everyone to agree, in advance, to waive their rights under it.
• United States Patent and Trademark Office,
• Samuelson, Pamela, “The Copyright Grab,”
• Boyle, James, “Sold Out,”
• Editorial,
• Union for the Public Domain—an organization that aims to resist and reverse the overextension of copyright and patent powers.
Copyright © 1996, 2002, 2007, 2009, 2010 Richard Stallman
This essay was written in 1996 and was published in
Verbatim copying and distribution of this entire chapter are permitted worldwide, without royalty, in any medium, provided this notice is preserved.
Chapter 18.
Misinterpreting Copyright—A Series of Errors
Something strange and dangerous is happening in copyright law. Under the US Constitution, copyright exists to benefit users—those who read books, listen to music, watch movies, or run software—not for the sake of publishers or authors. Yet even as people tend increasingly to reject and disobey the copyright restrictions imposed on them “for their own benefit,” the US government is adding more restrictions, and trying to frighten the public into obedience with harsh new penalties.
How did copyright policies come to be diametrically opposed to their stated purpose? And how can we bring them back into alignment with that purpose? To understand, we should start by looking at the root of United States copyright law: the US Constitution.
Copyright in the US Constitution
When the US Constitution was drafted, the idea that authors were entitled to a copyright monopoly was proposed—and rejected. The founders of our country adopted a different premise, that copyright is not a natural right of authors, but an artificial concession made to them for the sake of progress. The Constitution gives permission for a copyright system with this clause (Article I, Section 8, Clause 8):
[Congress shall have the power] to promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
The Supreme Court has repeatedly affirmed that promoting progress means benefit for the users of copyrighted works. For example, in
The sole interest of the United States and the primary object in conferring the [copyright] monopoly lie in the general benefits derived by the public from the labors of authors.
This fundamental decision explains why copyright is not
The “Copyright Bargain”
