Those were wild times, when engineers pitted their wits against one another in the spirit of Steve Wozniack and SSAFE. That era came to a close – but not because someone finally figured out how to make data that you couldn’t copy. Rather, it ended because an unholy coalition of entertainment and tech industry lobbyists convinced Congress to pass the Digital Millennium Copyright Act in 1998, which made it a felony to “bypass an access control”:
https://www.eff.org/deeplinks/2016/07/section-1201-dmca-cannot-pass-constitutional-scrutiny
That’s right: at the first hint of competition, the self-described libertarians who insisted that computers would make governments obsolete went running to the government, demanding a state-backed monopoly that would put their rivals in prison for daring to interfere with their business model. Plus ça change: today, their intellectual descendants are demanding that the US government bail out their “anti-state,” “independent” cryptocurrency:
https://www.citationneeded.news/issue-78/
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Big Tech isn’t the only – or the most important – US tech export. Far more important is the invisible web of IP laws that ban reverse-engineering, modding, independent repair, and other activities that defend American tech exports from competitors in its trading partners.
Countries that trade with the US were arm-twisted into enacting laws like the DMCA as a condition of free trade with the USA. These laws were wildly unpopular, and had to be crammed through other countries’ legislatures:
https://pluralistic.net/2024/11/15/radical-extremists/#sex-pest
That’s why Europeans who are appalled by Musk’s Nazi salute have to confine their protests to being loudly angry at him, selling off their Teslas, and shining lights on Tesla factories:
Musk is so attention-hungry that all this is as apt to please him as anger him. You know what would really hurt Musk? Jailbreaking every Tesla in Europe so that all its subscription features – which represent the highest-margin line-item on Tesla’s balance-sheet – could be unlocked by any local mechanic for €25. That would really kick Musk in the dongle.
The only problem is that in 2001, the US Trade Rep got the EU to pass the EU Copyright Directive, whose Article 6 bans that kind of reverse-engineering. The European Parliament passed that law because doing so guaranteed tariff-free access for EU goods exported to US markets.
Enter Trump, promising a 25% tariff on European exports.
The EU could retaliate here by imposing tit-for-tat tariffs on US exports to the EU, which would make everything Europeans buy from America 25% more expensive. This is a very weird way to punish the USA.
On the other hand, not that Trump has announced that the terms of US free trade deals are optional (for the US, at least), there’s no reason not to delete Article 6 of the EUCD, and all the other laws that prevent European companies from jailbreaking iPhones and making their own App Stores (minus Apple’s 30% commission), as well as ad-blockers for Facebook and Instagram’s apps (which would zero out EU revenue for Meta), and, of course, jailbreaking tools for Xboxes, Teslas, and every make and model of every American car, so European companies could offer service, parts, apps, and add-ons for them.
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It’s time to delete those IP provisions and throw open domestic competition that attacks the margins that created the fortunes of oligarchs who sat behind Trump on the inauguration dais. It’s time to bring back the indomitable hacker spirit
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Robin Edgar
Organisational Structures | Technology and Science | Military, IT and Lifestyle consultancy | Social, Broadcast & Cross Media | Flying aircraft