News for hackers. Stuff that matters.
Re:Opening this article voids warranty by josephcsible on Tuesday November 09, 2021 @12:17PM (#29164404)
If it's okay for John Deere to do this, then why do people get arrested for scalping toilet paper?
Re:Opening this article voids warranty by kmeisthax on Tuesday November 09, 2021 @01:18PM (#29165244)
Because twenty years and change ago we decided it should be illegal to crack software. Except we didn't say that, we said that any code that controls access to a copyrighted work has special legal protection. Specifically...

1. You can't legally break such code, unless it's for a handful of statutorily or administratively selected purposes

2. You can't legally tell people how to break such code for any purpose

This provision is part of the DMCA, section 1201. It was policy-laundered through the WTO into US law against the objection of the tech community, so basically every country has the same rules.

The problem with this law is that it's scope dramatically extends past it's intent - hell, half the original law is just exceptions intended to control the extremely broad scope of "no breaking digital locks". What people realized was that they could put DRM on anything, regardless of if copyright actually protected it or not, and it would still have the same effect because DMCA 1201 has horrific chilling effects. Even if SCOTUS says you can't use DMCA 1201 to protect, say, printer cartridge DRM; that decision still took 10 years and millions of dollars in legal fees to reach. No company wants to spend that amount of time and money just to gain access to repair aftermarkets.

On the other hand, the law regarding price gouging is very old and well-established; because it's a very long-running problem. Serial-locked parts were basically unheard of outside of videogame consoles up until this decade. The assumption with DMCA 1201 was that it was going to keep people from copying DVDs, not from repairing tractors. It's one of the few cases in which the law actually needs to catch up to technology (as opposed to someone trying to get away with something and parroting a thought-terminating cliche).

Re:Opening this article voids warranty by quantified on Tuesday November 09, 2021 @04:33PM (#29167778)
For a very unusual definition of “we” that is ordinarily spelt “they”.
Re:Opening this article voids warranty by drusepth on Tuesday November 09, 2021 @07:00PM (#29169238)
In general, anyone who has the right to vote can and should be included in the royal "we" of law.
Re:Opening this article voids warranty by quantified on Tuesday November 09, 2021 @07:14PM (#29169395)
Congresscritters voted. They are most definitely not “we”.
Re:Opening this article voids warranty by kmeisthax on Wednesday November 10, 2021 @11:04AM (#29176227)
This situation is more complicated than just "Congress imposes copyright law upon the public", though. Generally speaking, the people at large have consistently failed to demonstrate any kind of consensus opinion about copyright law, much less a democratic mandate that would clearly indicate to Congress what to do. But they do care very deeply about ensuring the economy continues to grow, especially with somewhat unfair international competition... and the easiest way to do that is to continue to push copyright maximalism.

Yes, individual Americans will get harmed by, say, anticircumvention law, copyright trolling operations, or automated content ID systems. But nobody gets outraged about that in large enough numbers. They do get outraged, however, when they hear about "China stealing our valuable intellectual property" or somesuch. So the message Congress ultimately hears is, "More please!"

Re:Opening this article voids warranty by quantified on Wednesday November 10, 2021 @01:15PM (#29178125)
And then they realized that their concerns were misdirected, that as much as they were concerned about “China” they were not concerned about their adversaries at home, like the people who make the stuff they use.
Re:Opening this article voids warranty by bialpio on Tuesday November 09, 2021 @12:31PM (#29164604)
Channeling my inner cynic: because government only tolerates scalpers that are publicly traded on the stock market.
Re:Opening this article voids warranty by blowski on Tuesday November 09, 2021 @02:10PM (#29166022)
To be even more cynical, they only tolerate scalpers if they personally stand to profit from the scalping.
Re:Opening this article voids warranty by klipt on Tuesday November 09, 2021 @12:37PM (#29164653)
Because politicians get more good PR from quick hacks on the current hot button issue, than they would from crafting good, general policy.
Re:Opening this article voids warranty by 0des on Tuesday November 09, 2021 @12:56PM (#29164954)
People get arrested, not corporations.
Re:Opening this article voids warranty by Aachen on Tuesday November 09, 2021 @03:14PM (#29166869)
So if you provide a service you get to dictate a lot more about it than if you try to make use of someone else's sevice? That's the difference in this context between an evil corp and a humble poor soul, if I'm not mistaken.
Re:Opening this article voids warranty by elliekelly on Tuesday November 09, 2021 @04:37PM (#29167825)
Because all people are equal but some legal “persons” are more equal.
Re:Opening this article voids warranty by fennecfoxen on Tuesday November 09, 2021 @03:34PM (#29167102)
> If it's okay for John Deere to do this, then why do people get arrested for scalping toilet paper?

... Federalism?

Most of the time it's not illegal to scalp toilet paper. There are select cities and states, with interventionist city councils and legislatures; when citizens saw inflated prices, these bodies decided that they would enact bans on scalping, in a manner which usually focus on consumer goods.

Note that economists suggest that scalping is a natural part of supply and demand and helps reduce shortages by incentivizing traders to move in supply from elsewhere (and scalping bans are sometimes deliberately weaponized against immigrant-owned small businesses because of course they are why did you doubt for a moment? Even NYC rolled that back somewhat and offered refunds on the fines they levied on bodegas.) But while the theoretical efficiency may or may not actually be realized in the aftermath of a disaster, it is of course entirely irrelevant to the legal monopoly on tractor repair services, which certainly have no such excuse. This just makes it all worse, of course.

Re:Opening this article voids warranty by mcguire on Tuesday November 09, 2021 @02:56PM (#29166648)
Do people get arrested for scalping toilet paper?