Palladium's Power To Deny

BrianWCarver writes "The Chronicle of Higher Education has the most detailed article I've yet seen on Microsoft's Palladium architecture. The article discusses the potential Palladium has to give publishers power to eliminate fair use and the potential for software manufacturers to use Palladium to enforce shrink-wrap licenses. Comments from several great sources including, Ed Felten (Freedom to Tinker), Eben Moglen (pro-bono counsel for the Free Software Foundation and recent Slashdot interviewee), and Seth Schoen (Electronic Frontier Foundation) among many others. Key quotations from article: Palladium could create 'a closed system, in which each piece of knowledge in the world is identified with a particular owner, and that owner has a right to resist its copying, modification, and redistribution. In such a scenario the very concept of fair use has been lost.' 'Palladium will "turn the clock back" to the days before online information was widely available.' and 'Microsoft could decide to lock everything up.'"

Comments

Excuse me, but

[Raul654]

Wasn't there an article on slashdot a while back talking about how someone had defensively patented Palladium-DRM schemes in order to prevent M$ from doing exactly this? If so, then how can M$ do this now -- would it not be in violation of such patents?

Re:Excuse me, but

[Kierthos]

Sorry, often times it does cost to defend yourself in court. There is the expenses incurred in having a lawyer (or more then one) for your side. There is also the loss of income because you are not working while you are in court defending youself. Sure, you can hope, if you win, that the judge will take your legal costs onto the judgement, and factor in some punitive damages, but it's not guarenteed.

Kierthos

Re:Excuse me, but

[SiliconEntity]

Wasn't there an article on slashdot a while back talking about how someone had defensively patented Palladium-DRM schemes in order to prevent M$ from doing exactly this?

That was cypherpunk "Lucky Green", who said he submitted a patent application on ways to use Palladium for software copy protection. This was after Microsoft publicly told him that not only did they have no plans to do that, they couldn't even think of a way to use the technology for that purpose. Lucky said that he could think of lots of ways, so he'd go ahead and patent them. You can read more about Lucky's plans here.

I haven't heard anything about this lately, and a recent patent office search for applications under Lucky's real name (widely known, his initials are MB) didn't turn up any hits. So I don't know if he actually went through with it or not.

Re:Excuse me, but

[senahj]

> It doesn't cost ANYTHING to defend yourself in court.

Clearly you've never defended yourself in court against a
deep-pockets plaintiff. Perhaps you should refrain from
commenting unless you know what you're talking about.

Someone with money to burn can bury you and the court under
a blizzard of motions, subpoenas, and depositions, to most of
which you will need to respond. Copying and filing fees
alone in such a case can amount to many thousands of dollars.

Then there's the small matter of your own time.
A plaintiff with money to burn can tie you up in court
appearances and depositions for months on end.
Will your employer understand if you only show up for
work one or two days a week for six months?

See if you can find the answers to these questions
by Googling about :

What has been the effect on the personal finances of
Keith Henson (L5 Society founder, among other things)
of exercising his free speech rights to criticize the
Church of Scientology ?
How did this effect come about ?

Who was Scamizdat (hint: it wasn't Grady Ward) ?
How many judisial motions did the Church of Scientology file
against Grady Ward in an effort to prove that he was Scamizdat ?
What impact did this have on Ward's finances ?

Who is Larry Wollersheim ?
How much was he awarded in his lawsuit(s) against the
Church of Scientology? (appealed all the way to the
Supreme Court; denied cert)
When did Scientology exhaust the appeals process ?
How much has Scientology actually paid to date ?
How many lawsuits, cross-complaints, and legal actions has
Wollersheim endured in his search for justice ?

Palladium != TCPA

[mtnharo]

I'm positive that this has been talked about in previous stories about both Palladium and TCPA, but I feel that it is important to highlight the distinction once more. TCPA is a hardware product. Palladium is the next level of system-wide DRM that Microsoft is planning on including in Windows Longhorn or Greenhorn or whatever they feel like calling it tomorrow. The TCPA spec calls for code signing for the system BIOS, and for a special chip to handle encryption duties, taking that load off the processor. This is a good thing, as it could make PGP encryption and signing for email transparent, as well as allow for code-signing and verification in the background. It can be turned off if you don't want it, but it can only be a Good Thing. It doesn't mean you can't run anything other than Windows on your hardware. It means that proper security is implemented at the hardware level, making it more difficult to install a trojaned program (ie, the download is automatically checked for the proper checksum etc) With the load taken off the CPU, better crypto for online transactions and things like remote desktop access would no longer cause performance problems.

Palladium would likely make use of this hardware to take care of the crypto aspects of DRM, but it is a part of Windows. If you don't buy Windows, you have nothing to worry about. Microsoft would have to manage to replace every DVD player, computer and MP3 capable device in the world to make DRM mandatory. Palladium may not be great for consumer's rights, but it is also not forced upon anyone. We still have a choice. Run some form of *nix on your current hardware, or buy a Mac. This shall pass.

My 0.10 shekels