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DRM Circumvention Now Lawful For More Devices

BUL2294 writes: The U.S. Library of Congress' Copyright Office has published their newest rules regarding DRM circumvention. Much to the chagrin of car makers and agricultural vehicle manufacturers, DRM circumvention, with the exception of telmatics ("black box") and entertainment systems, and anything that would run afoul of DOT or EPA regulations, is now allowed for "diagnosis, repair or lawful modification of a vehicle function." In addition, jailbreaking is now extended to tablets, wearables, and smart TVs, but not to single-purpose devices like e-readers. An exemption has been carved out for security researchers to hack cars, voting machines, and medical devices — as long as that device is not being used for its purpose and is in an isolated environment. Finally, owners of abandoned video games that require server authentication (where such authentication is no longer available) may also circumvent DRM. DRM circumvention is NOT allowed for jailbreaking gaming systems and e-readers, and does not allow for "format-shifting" (e.g. moving e-books from one platform to another).

The full text of the new rules is available online (PDF), and will be published in the Federal Register on October 28, 2015.

65 of 106 comments (clear)

  1. They still don't get it by Anonymous Coward · · Score: 1

    I will time shift and format shift if I damn well please. The more you engage this unethical behavior, the less money I give you. Thank you. No, I mean thank you. For encouraging me to do other things.

    1. Re:They still don't get it by Austerity+Empowers · · Score: 2

      We're all going to keep on doing whatever we want, this is just preventing anyone from making a legal business out of it. Of course, there are plenty of illegal businesses doing it, and a lot of private parties offering the how-to's for free under condition of anonymity. Hell even the government wants permission to un "DRM" our devices so it can spy!

      For some reason this is "big government" that nobody wants to reduce, it's "big business politics" that the other side doesn't want to eliminate. Money being spent for illusions and pretense. Go team USA.

    2. Re:They still don't get it by JustNiz · · Score: 1

      >> even the government wants permission to un "DRM" our devices

      Err wait... what makes you think they're actually concerned with seeking permission first now?

    3. Re:They still don't get it by Aighearach · · Score: 1

      No, I think what Cowherd was saying wasn't that he's going to do "other things" meaning the crack the game and still play the game, he's saying that since they don't want to sell or give away game content in a reasonable way that respects user freedom, he's going to go play at the park instead.

      I for one am glad that the game industry sucks so bad. Playing all those video games was very good for me as a child, I believe. But the value wasn't in the games, it was in the fun computer time and the secondary lessons involved. As an adult I get deeper satisfaction out of traditional adult recreation, and restricting computer entertainment to its function as an information access tool. Actual computer games are a natural distraction, but the content is so vapid and trope-y that there is little value to be gained.

      So I say, thank you for making the games suck so bad, and hating your users. It would be harder to say "no" if the products had depth and quality.

  2. Fuck you by Anonymous Coward · · Score: 4, Insightful

    If I can circumvent it, I will. I paid for it and it's mine. If you think you can stop me with your silly laws then you can go suck on a tailpipe.

    TL;DR: Fuck you.

    1. Re:Fuck you by sg_oneill · · Score: 1

      Honestly, your better off pointing your vitriol at your lawmakers than at the library. This list of exceptions is better than what most expected. If we want to actually get rid of the DMCAs prohibition on jailbreaking DRM, it'll require legislation.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    2. Re:Fuck you by Aighearach · · Score: 1

      They don't need to "suck on a tailpipe," they're sucking on the dollars you paid.

      "I gave you my money so I'm right and you're wrong" isn't a very convincing argument.

      If you refused to give your money, that is when it would be self-consistent to then tell them to "go suck [it]."

    3. Re:Fuck you by Aighearach · · Score: 1

      Indeed, if they made everything an exception, Congress might see fit to remove the exception for abuse. I may hate the DMCA, but I do at least assume that Congress supports it since it hasn't been repealed. This is certainly more than I expected, more than I heard anybody mainstream claim was likely.

  3. gate/horse/barn by turkeydance · · Score: 1

    highlights.

  4. Re:F%%% you by bobbied · · Score: 3, Funny

    If you think you can stop me with your silly laws then you can go suck on a tailpipe.

    I hear VW is hiring software engineers for their diesel engine control units... You should apply....

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  5. Re:License to Private Server by The-Ixian · · Score: 2

    Yeah and what constitutes "dead"?

    What if a game manufacturer keeps authentication servers up (because the authentication system is part of a larger auth system) but the actual game servers are down?

    --
    My eyes reflect the stars and a smile lights up my face.
  6. Hate to say it... by nebaz · · Score: 4, Interesting

    As much as I hate the DMCA and DRM in general, I have to concede that at least some of what the Copyright office has proposed here are reasonable exemptions to DRM. Game authentication, unlocking tablets, etc. Kudos to them for that. I do understand it is a small victory, however, and easily reversible. But still, at least they are putting some thought into it and not just giving all DRM producers carte blanche.

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    1. Re:Hate to say it... by Anonymous Coward · · Score: 2, Insightful

      They are not reasonable at all.

      The should be no law against breaking DRM. Period.

      If you are breaking other laws (like DOT & EPA rules cited in the summary), then you are breaking other laws.

    2. Re:Hate to say it... by Kethinov · · Score: 1

      They are not reasonable at all.

      The should be no law against breaking DRM. Period.

      I would go even further than that. There are good arguments to be made for legally prohibiting the use of DRM entirely.

      It amazes me that we're supposed to feel grateful that the LoC has given us permission to circumvent some DRM.

      But sure, I guess I'll go ahead and be grateful that the thing which shouldn't exist to begin with is now slightly less shitty.

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    3. Re:Hate to say it... by Kethinov · · Score: 1

      DRM is everywhere. It's extremely difficult to avoid. All mainstream game consoles have it. Most useful commercial software has it.

      Saying nobody is forcing it on you is like saying "nobody is forcing you to breathe secondhand smoke when you take a walk down a city street." In most large cities it's inevitable. Something like one out of ten people smoke, so you're gonna get a waft of it in your face the moment you pass by one or two dozen other pedestrians. The only way to avoid that completely is to move to the countryside and avoid cities and people entirely.

      I'd rather not have to avoid entire classes of software just because the vendors stubbornly refuse to find a business model compatible with the 21st century.

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    4. Re:Hate to say it... by Aighearach · · Score: 1

      "All mainstream game consoles" and "most useful commercial software" is not "everywhere."

      Games are not mandatory in the way that walking past other citizens in a city is mandatory for living in the city.

      Commercial software is not mandatory, and in fact "useful software" is the specific area where there are non-commercial options in the vast majority of cases.

      I can and do avoid both game consoles and commercial software containing DRM. (even most commercial software that doesn't contain DRM, for that matter.) I wish I could be that successful at avoiding second-hand smoke! And BTW, living in the countryside doesn't help. Visit a rural market sometime, you'll see what I mean; less population on the sidewalk, because there is no sidewalk, but there might be a half dozen people standing around smoking, or sitting in their (idling, diesel) cars smoking. Half the village usually drives (a few hundred feet) to the store, where the man sits in the car and smokes while his wife shops. Sad but true. If you're lucky, he's not also drinking a can of beer.

    5. Re:Hate to say it... by Kethinov · · Score: 1

      I don't think nitpicking my hyperbolic use of everywhere is terribly useful. What's important is that you miss out on a very significant amount of culture and/or utility in both examples.

      If you avoid cities to avoid smoking pedestrians, you miss out on all that cities have to offer. If you avoid software with DRM, you miss out on all that that software has to offer.

      And in certain cases, you miss out on a great deal just to avoid a relatively minor inconvenience. Most people would rather just put up with the inconvenience than engage in a militant boycott, and since boycotts are toothless without a critical mass behind you, nothing changes when only a small minority engages in one.

      That's why it's incumbent on us to use public policy to prohibit such anti-social behaviors rather than just let individuals and the market sort it out. That's why I feel there is a moral imperative to legally prohibit the use of DRM in most software contexts. The government must regulate what the market won't correct on its own.

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
  7. Re:License to Private Server by lgw · · Score: 1

    License to Private Server... but just for dead games?

    Well, games with dead activation servers - not sure if it extends to server-centric games. It's good to know that if Steam ever goes under, the inevitable patches to remove all the Steam DRM will actually be legal (not that it would have mattered - I'm sure such patches are already floating around somewhere).

    --
    Socialism: a lie told by totalitarians and believed by fools.
  8. Re:License to Private Server by The-Ixian · · Score: 4, Informative

    Nevermind, here is an excerpt:

    Proposed Class 23: Abandoned Software – Video Games Requiring Server
    Communication

    Many modern video games—which may be played on a personal computer or a
    dedicated gaming console—require a network connection to a remote server operated by
    the game’s developer to enable core functionalities. Before some games can be played at
    all, including in single-player mode, the game must connect to an “authentication server”
    to verify that the game is a legitimate copy. Other games require a connection to a
    “matchmaking server” to enable users to play the game with other people over the
    internet in multiplayer mode. In the case of a game that relies on an authentication server,
    the game may be rendered entirely unplayable if the server connection is lost. When a
    matchmaking server is taken offline, the game may still be playable, though with online
    multiplayer play disabled.

    ...

    The Copyright Office set forth the following proposed exemption in the NPRM:
    Proposed Class 23:

    This proposed class would allow circumvention of
    TPMs on lawfully acquired video games consisting of communication
    with a developer-operated server for the purpose of either authentication
    or to enable multiplayer matchmaking, where developer support for those
    server communications has ended. This exception would not apply to
    video games whose audiovisual content is primarily stored on the
    developer’s server, such as massive multiplayer online role-playing games.

    --
    My eyes reflect the stars and a smile lights up my face.
  9. Re:License to Private Server by nebaz · · Score: 1

    I'm not sure I understand the use case here. Is this a multi-player game that they host? If they turn off their game servers, and the game is a multi-player game, then it is essentially dead. (At least for multiplayer). Are you thinking of bnetd here, where you can recreate a multiplayer experience on a local server?

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
  10. NOW lawful... by Beacon11 · · Score: 1

    ... you mean in a year?

  11. Single purpose by DriveDog · · Score: 2

    Alton Brown once said there's only one single-purpose tool in the kitchen—the fire extinguisher. There are NO single-purpose devices in the hands of makers (yeah, I'd still say "hackers"). E-readers have been converted for all sorts of other uses. That's a rather absurd exception to the exception. For that matter, XBMC started as a re-purpose of the XBox, did it not?

    1. Re:Single purpose by spire3661 · · Score: 1

      You misunderstood Alton. He meant he only ALLOWS one unitasker in his kitchen, and thats the fire extinguisher. He has a whole list of kitchen tools that are banned because they only do one job in the kitchen.

      --
      Good-bye
    2. Re:Single purpose by danbert8 · · Score: 2

      I can think of multiple uses of a fire extinguisher... It could be used to bludgeon an invader or blind them. It could be cut apart and made into a DIY foundry. It could be gussied up and used as decor. Have a little creativity!

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    3. Re:Single purpose by Coren22 · · Score: 1

      I saw a documentary where a fire extinguisher was used as a propulsion method by a artificially intelligent trash compacting robot, and also by a woman who was trapped in space.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    4. Re:Single purpose by edxwelch · · Score: 1

      > there's only one single-purpose tool in the kitchenâ"the fire extinguisher...E-readers have been converted for all sorts of other uses

      So, you are suggesting we try to put out fires with e-book readers?

    5. Re:Single purpose by RabidReindeer · · Score: 1

      I can think of multiple uses of a fire extinguisher... It could be used to bludgeon an invader or blind them. It could be cut apart and made into a DIY foundry. It could be gussied up and used as decor. Have a little creativity!

      Martha Stewart, is that you?

    6. Re:Single purpose by nwf · · Score: 1

      And Mythbusters demonstrated you can cool beer with a fire extinguisher. A rather expensive way to cool something, but still effective.

      --
      I don't know, but it works for me.
    7. Re:Single purpose by DriveDog · · Score: 1

      No, I understood him perfectly. It's not an analogy, just an opener on single-purpose items. I have no idea what Mr. Brown thinks about this subject, but I could guess, given his propensity to use tools for something besides what they were designed/sold for.

    8. Re:Single purpose by DriveDog · · Score: 2

      Ha! Fight fire with a Fire.

    9. Re:Single purpose by guises · · Score: 1

      The point of keeping the fire extinguisher as single-purpose is to insure its reliability. If you use it to club a burgler you don't know that it hasn't been damaged somehow.

      They're actually only good for one fire each, even if you don't use up all the CO2 - once you've it once, a little residue will get into the valve and the rest will slowly leak over time.

  12. Librarians!!! by DriveDog · · Score: 1

    You can bet that if the DMCA were being created today, in perfect hindsight, no way would the lobbyists allow that kind of power to be given to a librarian.

  13. Re:License to Private Server by tlhIngan · · Score: 5, Interesting

    I'm not sure I understand the use case here. Is this a multi-player game that they host? If they turn off their game servers, and the game is a multi-player game, then it is essentially dead. (At least for multiplayer). Are you thinking of bnetd here, where you can recreate a multiplayer experience on a local server?

    Basically it applies to games where the "developer" part consists of an authentication server (to verify you have a legitimate copy of the game) and/or a matchmaking server (to find opponents), and other than that, no content is required of the server. The exemption is that if the developer stops providing either, you're allowed to hack the game to use your own.

    This only applies to games where the developer involvement is limited to authentication and/or matchmaking. If the server part includes content (e.g., MMOs), then it does not apply

    So a game that's pretty much self-contained is OK, but not one that requires external content.

    To take a real life example - Microsoft killed multiplayer on Halo 2 for the original Xbox and Windows years ago. Under this exemption, it is legal to hack the game (but not the xbox!) to use your own server for authentication and matchmaking. But only for those versions, since the Xbone version is still operational..

  14. Re:License to Private Server by fahrbot-bot · · Score: 1

    Yeah and what constitutes "dead"?

    It's a parrot that even Dr. McCoy can't revive.

    --
    It must have been something you assimilated. . . .
  15. Time to get out the plans ... by Krishnoid · · Score: 1

    For my riding inkjet printer. You plug in a dongle, and it prints out a one-time code you hold up to the scanner, which starts the engine. After all, we have to make sure the car won't strand anyone unexpectedly.

  16. Re:License to Private Server by danbert8 · · Score: 1

    So basically, hacking old Command and Conquer games to enable multiplayer is ok, but not hacking Star Wars Galaxies (assuming it's not around anymore) to set up your own servers.

    --
    Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
  17. What the Copyright Office giveth by CanadianMacFan · · Score: 4, Insightful

    TPP will take away.

  18. Re:License to Private Server by Darinbob · · Score: 1

    Will that always be possible though. The games as installed are probably easy to crack, but the games before installation may be encrypted and thus vastly more difficult to deal with. Of course, you could torrent the whole thing, but that's likely to still remain illegal.

  19. It DRM circumvention is lawful by viperidaenz · · Score: 1

    Why it is legal to implement it in these cases to start with?

    1. Re:It DRM circumvention is lawful by mark-t · · Score: 2

      If somebody wants to spend their money putting what may ultimately only be superficial systems in place that make them feel more secure, why should they be prohibited from doing so?

    2. Re:It DRM circumvention is lawful by roc97007 · · Score: 1

      It's their device -- they are free to install what software they want. And we are free to not buy the product.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  20. Re:and just how ambiguous is the by mrchaotica · · Score: 1, Troll

    No kidding. If I own a device (and I do own the device under the Doctrine of First Sale, regardless of what some bullshit unenforceable EULA allegedly says!), then its purpose is whatever I want it to be. If I decide my PS3 (not that I'd ever own a Sony product) is a supercomputer node, then it's a supercomputer node. If I decide my Kindle is a smartphone, then it's a smartphone.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  21. Re:License to Private Server by Anonymous Coward · · Score: 1

    Hopefully this means Microsoft will need to clean up the mess after their Windows Live debacle. Lots of PC games were screwed by them pulling the plug.

  22. Re:License to Private Server by truck_soccer · · Score: 1

    If steam ever goes under and you don't have your full library downloaded, you're fucked anyway ya dingus.

  23. Re:The Truth About Switzerland and DRM by truck_soccer · · Score: 1

    Was this troll piece "written" by Racter?

  24. Re:License to Private Server by Whorhay · · Score: 4, Interesting

    I wonder what MMO they are referencing there that has audiovisual content primarily stored on the game servers. Every MMO I've ever played has kept all of that on your computer and the game server just tells your computer where your character is on the map. All of the 3d models, textures, sounds, and maps are stored on your computer. All the rendering is done on your computer, the only things the game server typically provides is coordinate data for characters and mobs, spews out numbers from the random number generator, and signals events for scripted things, and of course tracks all the stats for your character.

  25. Re:License to Private Server by khellendros1984 · · Score: 2

    I played one called "A Tale in the Desert" that stored a lot on the server. Players could custom-build houses, build sculptures, etc, so the base map (stored on the players' computers) just had the terrain. Second Life stores everything on the company's servers and streams it to players as they move through the game world.

    --
    It is pitch black. You are likely to be eaten by a grue.
  26. If you circumvent something that's disallowed.... by mark-t · · Score: 1

    ... but you circumvent for genuinely personal and private use, how the heck would anyone else even know you ever did it, let alone prosecute you?

  27. A sudden attack of common sense by roc97007 · · Score: 1

    Wow. That's.... reasonable. What's the catch?

    Part of me is waiting for the other shoe to drop -- something like "but this only applies to licensed security developers, the license for which costs $100K and takes three years to get".

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  28. Re:If you circumvent something that's disallowed.. by roc97007 · · Score: 1

    Well, you'd have to post to some public forum talking about... it... uh oh.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  29. Re:License to Private Server by neoritter · · Score: 1

    Browser-based MMOs at least.

  30. Re:License to Private Server by jordanjay29 · · Score: 1

    With online-only games like Call of Duty, SW Battlefront and MMOs galore being the norm now, I don't think there's much fear that players will be able to run zombie game servers after the dev company has called it quits.

  31. Re:License to Private Server by lgw · · Score: 1

    If steam ever goes under and you don't have your full library downloaded, you're fucked anyway ya dingus.

    Well, yeah, but that true with every online service ever. Or for that matter, all the game CDs I've lost or damaged over the years. Hardly a knock against Steam (or GoG for that matter, which doesn't have DRM in the first place).

    --
    Socialism: a lie told by totalitarians and believed by fools.
  32. Single whatnow? by UberVegeta · · Score: 2

    "In addition, jailbreaking is now extended to tablets, wearables, and smart TVs, but not to single-purpose devices like e-readers."

    Given that my Kindle Paperwhite has a web browser built-in, by what measure is it a single-purpose device?

    --
    I knew I needed to stop reading Slashdot and finish my PhD when I started to miss articles by Bennett Haselton.
  33. Re:If you circumvent something that's disallowed.. by mark-t · · Score: 1

    Of course... but if they don't actually talk about it with anyone else, or share the results of their work with anyone, then any laws prohibiting circumvention are unenforceable in that context.

  34. Vanilla WoW by Bing+Tsher+E · · Score: 1

    Vanilla WoW is an example of a game "that require server authentication (where such authentication is no longer available)". I don't want to upgrade to your shitty new version, Blizzard. Thank goodness for Mangos and Trinity.

  35. Re:License to Private Server by Bing+Tsher+E · · Score: 1

    Even with the quashing of bnetd there is a thriving community of people who develop and promote WoW servers that are non-blizzard. If you want to play an older version of WoW at a Lan party, or WoW as a single player game (it's a pretty decent single-player RPG, an aspect of the game that actually only has gotten worse as new Expansions came out) it's fairly trivial to download and set up a MySQL based server.

    Maybe it's weird, but some of us have zero interest in WoW endgame and end up just rolling a new toon at level cap. Blizzard spends considerable effort making sure the paying 'player base' think of private server operators as 'the scum of the earth' and it makes sense in a way, because I for one wouldn't connect to a private server run by someone I didn't know personally with Blizzard's shitty binaries. But I'm also done connecting to Blizzard, and I love playing in Azeroth the way it is before they ruined it with Cataclysm.

  36. Re:License to Private Server by Bing+Tsher+E · · Score: 2

    There are lots of WoW private servers. The only problem with them, from a player's point of view, is that you're running Blizzard's shitty old binaries when you connect to them. This new law could make it more legal for people to dig into the old WoW binaries (it would probably mainly be patchlevels 1.12.1 and 3.3.5a) and plug holes and vulnerabilities. Releasing a new security patchlevel cap for 1.12.1 and 3.3.5a would make it less dangerous to connect to a private server, and this law should make said reverse engineering legal.

  37. Re:License to Private Server by Bing+Tsher+E · · Score: 1

    A whole lot of the games on Steam are already available DRM-free if you buy them at gog.com. I now ALWAYS check there first to buy an unlocked copy before even considering buying the game at Steam.

    There is the added bonus that you don't wander into the numerous 'pre-release' ripoffs if you browse around on gog instead of Steam.

  38. Re:License to Private Server by Bing+Tsher+E · · Score: 2

    The beauty of buying games at GoG instead of Steam is that you download the installers from them. Archive away all the installers and you're good for the rest of your life (and beyond).

  39. Re:License to Private Server by gl4ss · · Score: 1

    if the game servers are down then the game servers are down and you can hack that part of it.

    more interesting is what they mean with game system.

    there is essentially no difference in functionality in regards of games and apps with ps4 or xbox one and ipad. neither of them is purely a gaming device. basically the kindle is the only thing that would with the cant circumvent...

    --
    world was created 5 seconds before this post as it is.
  40. Re:License to Private Server by davester666 · · Score: 1

    Remember ALL these exemptions only last 3 years, and must be explicitly renewed by the Library of Congress. And so far, I believe they renew less than half of the exemptions from the previous 3 year period.

    --
    Sleep your way to a whiter smile...date a dentist!
  41. Re:License to Private Server by Kracs · · Score: 1

    FireFall is one. Supposedly to keep the patch downloads small they stream the high-res textures to you dynamically. There is a community hack for this where some folks were building a high-res texture pack, but it usually has to be rebuilt with every patch, and it's pretty large (think it was around 30GB, but has been a while since I played it).

  42. What about steam/uplay/origin etc? by shione · · Score: 1

    So basically this means that you can crack your games so they keep on working if any of these services go under within the next 3 years and the individual game developers don't alter or strip the DRM out?

  43. Re:License to Private Server by snakeplissken · · Score: 1

    A whole lot of the games on Steam are already available DRM-free if you buy them at gog.com. I now ALWAYS check there first to buy an unlocked copy before even considering buying the game at Steam.

    humblebundle.com will often give you drm free downloads and a steam key, though less so for the aaa games where i've noticed a lot of key only sales

    snake