Valve's early anti-piracy efforts, which eventually led to the Steam platform, were sparked by co-founder Monica Harrington's nephew using her money to buy a CD burner for copying games, she revealed at last week's Game Developers Conference. Harrington said her nephew's "lovely thank you note" about sharing games with friends represented a "generational shift" in piracy attitudes that could "put our entire business model at risk."

Half-Life subsequently launched with CD key verification in 1998. When players complained about authentication failures, co-founder Mike Harrington discovered "none of them had actually bought the game," confirming the system worked. Although easily bypassed, this early protection influenced Steam's more robust DRM implemented with Half-Life 2 in 2004, which became the industry standard for PC game distribution.

prisoninmate shares a report: Highlights of Linux 6.14 include Btrfs RAID1 read balancing support, a new ntsync subsystem for Win NT synchronization primitives to boost game emulation with Wine, uncached buffered I/O support, and a new accelerator driver for the AMD XDNA Ryzen AI NPUs (Neural Processing Units).

Also new is DRM panic support for the AMDGPU driver, reflink and reverse-mapping support for the XFS real-time device, Intel Clearwater Forest server support, support for SELinux extended permissions, FUSE support for io_uring, a new fsnotify file pre-access event type, and a new cgroup controller for device memory.

A critical root certificate expiring on March 14, 2025 will disable extensions and potentially break DRM-dependent streaming services for Firefox users running outdated browsers. Users must update to at least Firefox 128 or ESR 115.13+ to maintain functionality across Windows, macOS, Linux, and Android platforms.

The expiration additionally compromises security infrastructure, including blocklists for malicious add-ons, SSL certificate revocation lists, and password breach notifications. Even those on legacy operating systems (Windows 7/8/8.1, macOS 10.12â"10.14) must update to minimum ESR 115.13+.

Apple users noticed a change in 2023, "when streaming platforms like Netflix, HBO Max, Amazon Prime, and the Criterion Channel imposed a quiet embargo on the screenshot," noted the film blog Screen Slate: At first, there were workarounds: users could continue to screenshot by using the browser Brave or by downloading extensions or third-party tools like Fireshot. But gradually, the digital-rights-management tech adapted and became more sophisticated. Today, it is nearly impossible to take a screenshot from the most popular streaming services, at least not on a Macintosh computer. The shift occurred without remark or notice to subscribers, and there's no clear explanation as to why or what spurred the change...

For PC users, this story takes a different, and happier, turn. With the use of Snipping Tool — a utility exclusive to Microsoft Windows, users are free to screen grab content from all streaming platforms. This seems like a pointed oversight, a choice on the part of streamers to exclude Mac users (though they make up a tiny fraction of the market) because of their assumed cultural class.
"I'm not entirely sure what the technical answer to this is," tech blogger John Gruber wrote this weekend, "but on MacOS, it seemingly involves the GPU and video decoding hardware..." These DRM blackouts on Apple devices (you can't capture screenshots from DRM video on iPhones or iPads either) are enabled through the deep integration between the OS and the hardware, thus enabling the blackouts to be imposed at the hardware level. And I don't think the streaming services opt into this screenshot prohibition other than by "protecting" their video with DRM in the first place. If a video is DRM-protected, you can't screenshot it; if it's not, you can.

On the Mac, it used to be the case that DRM video was blacked-out from screen capture in Safari, but not in Chrome (or the dozens of various Chromium-derived browsers). But at some point a few years back, you stopped being able to capture screenshots from DRM videos in Chrome, too -- by default. But in Chrome's Settings page, under System, if you disable "Use graphics acceleration when available" and relaunch Chrome, boom, you can screenshot everything in a Chrome window, including DRM video...

What I don't understand is why Apple bothered supporting this in the first place for hardware-accelerated video (which is all video on iOS platforms -- there is no workaround like using Chrome with hardware acceleration disabled on iPhone or iPad). No one is going to create bootleg copies of DRM-protected video one screenshotted still frame at a time -- and even if they tried, they'd be capturing only the images, not the sound. And it's not like this "feature" in MacOS and iOS has put an end to bootlegging DRM-protected video content.
Gruber's conclusion? "This 'feature' accomplishes nothing of value for anyone, including the streaming services, but imposes a massive (and for most people, confusing and frustrating) hindrance on honest people simply trying to easily capture high-quality (as opposed to, say, using their damn phone to take a photograph of their reflective laptop display) screenshots of the shows and movies they're watching."

"Amazon has long allowed you to download its ebooks to your computer," notes PCMag.com, "where they can serve as a backup or be transferred to other devices.

"However, that feature will end on February 26, 2025, along with the ability to transfer books from your computer to your Kindle via USB." If you attempt to download your ebooks right now, a message says: "Starting February 26, 2025, the 'Download & Transfer via USB' option will no longer be available. You can still send Kindle books to your Wi-Fi-enabled devices by selecting the 'Deliver or Remove from Device' option." After February 26, you will still be able to download Kindle books [onto your Kindle] from the Kindle Store via Wi-Fi, and you can also use the Send to Kindle page on Amazon to send a variety of files to your Kindle.

Should you want to transfer your titles from your Kindle to your computer while you still can, go to Amazon.com, sign in, and click Accounts & Lists > Content Library > Books. Navigate to the book you want to download and click More actions > Download & transfer via USB.
Tom's Guide shares their reaction: Most people probably won't notice this latest example of an Amazon service getting worse, but the feature has existed for over a decade and is useful for backing up your purchases or converting them to formats compatible with other non-Kindle e-Readers or devices. It's also useful for those times when you don't have access to Wi-Fi, and of course, there's peace of mind knowing you have copies of your books... All in all it is a reminder that you don't actually own many or most of your digital purchases, as what you are typically actually "buying" are licenses to use content that can be revoked at any time.

If you find this decision annoying and want to find alternatives, here are a few. To start, might we recommend the Libby app which lets you borrow ebooks from your local library. You can also borrow audiobooks... You can also try purchasing books from places like Google Books and Apple Books, both of which offer a number of ebooks. eBooks.com offers DRM free books and EPUB formats. For those looking for free ebooks there is always Project Gutenberg which has over 75,000 free books largely those in the public domain though there are some more recent titles as well.

Amazon is removing the "Download & Transfer via USB" feature for Kindle e-books starting February 26th, closing a loophole that allowed users to download older, easily crackable DRM formats.

"At the very least, you'll still be able to transfer your e-books over Wi-Fi, and of course, transferring your e-books through Calibre will still work, too," notes Android Police. "[S]o it's not like we are losing access to dragging and dropping files onto a Kindle, we are simply losing access to a tool that facilitated easy piracy by pushing older formats of retail books from the website to your Kindle over USB."

To celebrate 2025's newest arrivals in the public domain, the Internet Archive held a special in-person event at their San Francisco headquarters, as well as a virtual celebration online. (It opens with an absolutely gorgeous rendition of "Happy Days are Hear Again" played on a musical saw.)

And somewhere in the festivities they announced the winners of this year's annual "Public Domain Day Film Remix Contest." These remarkable films not only reimagined and transformed public domain works but also demonstrated the boundless potential of remixing creative works to create something new... Explore all 140+ submissions at the 2025 Public Domain Day Film Remix Contest collection at the Internet Archive...

"The jury was deeply impressed by Queline Meadows's inspired mix of movies, images, music and text woven into a subtle and emotionally affecting video expressing a strong sense of nostalgia and the irretrievable passage of time," said film archivist Rick Prelinger... Filmmaker Samantha Close expresses both the breadth of 1929's production and the eternal bounty of the public domain, using images from 1929's films and public domain images from elsewhere and elsewhen.
One honorable mention entry was described as "an audacious and yes, dopey exploration of the essential greatness of Internet Archive and the dread near-infinity of copyright."

The EFF has complained that in general "smart" products for babies "collect a ton of information about you and your baby on an ongoing basis". (For this year's "worst in privacy" product at CES they chose a $1,200 baby bassinet equipped with a camera, a microphone, and a radar sensor...)

But today the Washington Post reported on a $1,700 bassinet that surprised the mother of a one-month-old when it "abruptly demanded money for a feature she relied on to soothe her baby to sleep." The internet-connected bassinet... reliably comforted her 1-month-old — just as it had her first child — until it started charging $20 a month for some abilities, including one that keeps the bassinet's motion and sounds at one level all night. The level-lock feature previously was available without a fee. "It all felt really intrusive — like they went into our bedroom and clawed back this feature that we've been depending on...." When the Snoo's maker, Happiest Baby, introduced a premium subscription for some of the bassinet's most popular features in July, owners filed dozens of complaints to the Federal Trade Commission and the Better Business Bureau, coordinated review bombs and vented on social media — saying the company took advantage of their desperation for sleep to bait-and-switch them...

Happiest Baby isn't the only baby gear company that has rolled out a subscription. In 2023, makers of the Miku baby monitor, which retails for up to $400, elicited similar fury from parents when it introduced a $10 monthly subscription for most features. A growing number of internet-connected products have lost software support or functionality after purchase in recent years, such as Spotify's Car Thing — a $90 Bluetooth streaming device that the company announced in May it plans to discontinue — and Levi's $350 smart jacket, which let users control their phones by swiping sensors on its sleeve...

Seventeen consumer protection and tech advocacy groups cited Happiest Baby and Car Thing in a letter urging the FTC to create guidelines that ensure products retain core functionality without the imposition of fees that did not exist when the items were originally bought.
The Times notes that the bassinets are often resold, so the subscription fees are partly to cover the costs of supporting new owners, according to Happiest Baby's vice president for marketing and communications. But the article three additional perspectives:

• "This new technology is actually allowing manufacturers to change the way the status quo has been for decades, which is that once you buy something, you own it and you can do whatever you want. Right now, consumers have no trust that what they're buying is actually going to keep working." — Lucas Gutterman, who leads the Public Interest Research Group's "Design to Last" campaign.

• "It's a shame to be beholden to companies' goodwill, to require that they make good decisions about which settings to put behind a paywall. That doesn't feel good, and you can't always trust that, and there's no guarantee that next week Happiest Baby isn't going to announce that all of the features are behind a paywall." — Elizabeth Chamberlain, sustainability director at iFixit.

• "It's no longer just an out-and-out purchase of something. It's a continuous rental, and people don't know that." — Natasha Tusikov, an associate professor at York University

GOG.com, a European digital distribution platform known for offering DRM-free video games, announced they've joined the European Federation of Game Archives, Museums and Preservation Projects (EFGAMP). From the release: "GOG was created with video game preservation in mind," said Maciej Golebiewski, Managing Director at GOG. "Classic games and the mission to safeguard them for future generations have always been at the core of our work. Over the past decade, we've honed our expertise in this area. The GOG Preservation Program, which ensures compatibility for over 100 games and delivers hundreds of enhancements, is just one example of this commitment. We were thrilled to see the Program warmly received not only by our players but also by our partners and the gaming industry as a whole."

Golebiewski further explained that GOG's role in preservation extends beyond its platform. He highlighted, "As a European company, we feel a responsibility to lead in preserving gaming heritage. Joining EFGAMP reinforces this commitment. Our next step is to expand institutional collaboration with museums and governmental and non-governmental organizations worldwide. We hope our experience will contribute meaningfully to their efforts. We are also discussing exciting new game preservation projects, which we look forward to sharing soon."

TPM is a dedicated chip or firmware enabling hardware-level security, housing encryption keys, certificates, passwords, and sensitive data, "and shielding them from unauthorized access," Microsoft senior product manager Steven Hosking wrote last month, declaring TPM 2.0 to be "a non-negotiable standard for the future of Windows."

Or, as BleepingComputer put it, Microsoft "made it abundantly clear... that Windows 10 users won't be able to upgrade to Windows 11 unless their systems come with TPM 2.0 support." (This despite the fact that Statcounter Global data "shows that more than 61% of all Windows systems worldwide still run Windows 10.") They add that Microsoft "announced on October 31 that Windows 10 home users will be able to delay the switch to Windows 11 for one more year if they're willing to pay $30 for Extended Security Updates."

But last week the Free Software Foundation's campaigns manager delivered a message on the FSF's official blog: "Keep putting pressure on Microsoft." Grassroots organization against a corporation as large as Microsoft is never easy. They have the advertising budget to claim that they "love Linux" (sic), not to mention the money and political willpower to corral free software developers from around the world on their nonfree platform Microsoft GitHub. This year's International Day Against DRM took aim at one specific injustice: their requiring a hardware TPM module for users being forced to "upgrade" to Windows 11. As Windows 10 will soon stop receiving security updates, this is a (Microsoft-manufactured) problem for users still on this operating system. Normally, offloading cryptography to a different hardware module could be seen as a good thing — but with nonfree software, it can only spell trouble for the user...

What's crucial now is to keep putting pressure on Microsoft, whether that's through switching to GNU/Linux, avoiding new releases of their software, or actions as simple as moving your projects off of Microsoft GitHub. If you're concerned about e-waste or have friends who work to combat climate change, getting them together to tell them about free software is the perfect way to help our movement grow, and free a few more users from Microsoft's digital restrictions. If you're concerned about e-waste or have friends who work to combat climate change, getting them together to tell them about free software is the perfect way to help our movement grow, and free a few more users from Microsoft's digital restrictions.

Slashdot reader prisoninmate shared this report from the blog 9to5Linux Renowned Linux kernel developer Greg Kroah-Hartman announced Thursday that the Linux 6.12 kernel series has been officially marked as LTS (Long Term Support) on the kernel.org website with a predicted life expectancy of at least two years.

Linux kernel 6.12 was released on November 17th, 2024, and introduces new features like real-time "PREEMPT_RT" support, a new scheduler called sched_ext, and DRM panic messages as QR codes, as well as numerous new and updated drivers for better hardware support...

Linux kernel 6.12 joins the many other long-term support kernel branches, namely Linux 6.6 LTS, Linux 6.1 LTS, Linux 5.15 LTS, Linux 5.10 LTS, and Linux 5.4 LTS. Apart from the latter, the rest of them, including Linux kernel 6.12, will be officially supported until the end of December 2026. Hopefully, Linux kernel 6.12 will be supported for more than two years as the kernel maintainers usually aim for four years of support for a new LTS kernel, especially if there's demand from hardware manufacturers and other companies that aim to use a long-term supported kernel in their devices.
UPDATE (3/1/2026): Greg Kroah-Hartman announced Linux 6.12 now won't reach EOL until December of 2028 (rather than December of 2026), giving it a 4-year window.

Each day leading up through the 16th (the official day Half-Life 2 was launched), Ars Technica will be publishing a new article looking back at the game and its impact. Here's an excerpt from an article published today by Ars Technica's Kyle Orland: When millions of eager gamers first installed Half-Life 2 20 years ago, many, if not most, of them found they needed to install another piece of software alongside it. Few at the time could imagine that piece of companion software -- with the pithy name Steam -- would eventually become the key distribution point and social networking center for the entire PC gaming ecosystem, making the idea of physical PC games an anachronism in the process.

While Half-Life 2 wasn't the first Valve game released on Steam, it was the first high-profile title to require the platform, even for players installing the game from physical retail discs. That requirement gave Valve access to millions of gamers with new Steam accounts and helped the company bypass traditional retail publishers of the day by directly marketing and selling its games (and, eventually, games from other developers). But 2004-era Steam also faced a vociferous backlash from players who saw the software as a piece of nuisance DRM (digital rights management) that did little to justify its existence at the time. In honor of the anniversary, Orbifold Studios released a new Half-Life 2 RTX trailer. "[T]his is a remastering project that leverages the technologies of NVIDIA's RTX Remix and has the blessing of the original developer, Valve," reports Wccftech. "Orbifold Studios, a team of experienced modders, was founded specifically to bring this project to fruition." It's unclear when exactly this project will be finished.

Nvidia is also giving away a custom Half-Life 2 themed RTX 480 Super Founders Edition.

An anonymous reader quotes a report from Ars Technica: The classic PC games market is "in a sorry state," according to DRM-free and classic-minded storefront GOG. Small games that aren't currently selling get abandoned, and compatibility issues arise as technology moves forward or as one-off development ideas age like milk. Classic games are only 20 percent of GOG's catalog, and the firm hasn't actually called itself "Good Old Games" in 12 years. And yet, today, GOG announces that it is making "a significant commitment of resources" toward a new GOG Preservation Program. It starts with 100 games for which GOG's own developers are working to create current and future compatibility, keeping them DRM-free and giving them ongoing tech support, along with granting them a "Good Old Game: Preserved by GOG" stamp.

GOG is not shifting its mission of providing a DRM-free alternative to Steam, Epic, and other PC storefronts, at least not entirely. But it is demonstrably excited about a new focus that ties back to its original name, inspired in some part by its work on Alpha Protocol. "We think we can significantly impact the classics industry by focusing our resources on it and creating superior products," writes Arthur Dejardin, head of sales and marketing at GOG. "If we wanted to spread the DRM-free gospel by focusing on getting new AAA games on GOG instead, we would make little progress with the same amount of effort and money (we've been trying various versions of that for the last 5 years)."

What kind of games? Scanning the list of Good Old Games, most of them are, by all accounts, both good and old. Personally, I'm glad to see the Jagged Alliance games, System Shock 2, Warcraft I & II, Dungeon Keeper Gold and Theme Park, SimCity 3000 Unlimited, and the Wing Commander series (particularly, personally, Privateer). Most of them are, understandably, Windows-only, though Mac support extends to 34 titles so far, and Linux may pick up many more through Proton compatibility, beyond the 19 native titles to date. [...] [I]f you see the shiny foil-ish GOG badge on a game, it's an assurance that GOG has done all it can to bring forward a classic title. It's important work, too. "Preserving" games doesn't just mean locking a stable media in a vault, but keeping games accessible, and playable.

Google will require all new mobile chipsets launching with Android 15 to support its Android Virtualization Framework (AVF), a significant shift in the operating system's security architecture. The mandate, reports AndroidAuthority that got a hold of Android's latest Vendor Software Requirements document, affects major chipmakers including Qualcomm, MediaTek, and Samsung's Exynos division. New processors like the Snapdragon 8 Elite and Dimensity 9400 must implement AVF support to receive Android certification.

AVF, introduced with Android 13, creates isolated environments for security-sensitive operations including code compilation and DRM applications. The framework also enables full operating system virtualization, with Google demonstrating Chrome OS running in a virtual machine on Android devices.

A new article at Reason.com argues that U.S. courts "are coming for digital libraries." In September, a federal appeals court dealt a major blow to the Internet Archive — one of the largest online repositories of free books, media, and software — in a copyright case with significant implications for publishers, libraries, and readers. The U.S. Court of Appeals for the 2nd Circuit upheld a lower court ruling that found the Internet Archive's huge, digitized lending library of copyrighted books was not covered by the "fair use" doctrine and infringed on the rights of publishers. Agreeing with the Archive's interpretation of fair use "would significantly narrow — if not entirely eviscerate — copyright owners' exclusive right to prepare derivative works," the 2nd Circuit ruled. "Were we to approve [Internet Archive's] use of the works, there would be little reason for consumers or libraries to pay publishers for content they could access for free."
Others disagree, according to some links shared in a recent email from the Internet Archive. Public Knowledge CEO Chris Lewis argues the court's logic renders the fair use doctrine "almost unusuable". And that's just the beginning... This decision harms libraries. It locks them into an e-book ecosystem designed to extract as much money as possible while harvesting (and reselling) reader data en masse. It leaves local communities' reading habits at the mercy of curatorial decisions made by four dominant publishing companies thousands of miles away. It steers Americans away from one of the few remaining bastions of privacy protection and funnels them into a surveillance ecosystem that, like Big Tech, becomes more dangerous with each passing data breach.
But lawyer/librarian Kyle K. Courtney writes that the case "is specific only to the parties, and does not impact the other existing versions of controlled digital lending." Additionally, this decision is limited to the 2nd Circuit and is not binding anywhere else — in other words, it does not apply to the 47 states outside the 2nd Circuit's jurisdiction. In talking with colleagues in the U.S. this week and last, many are continuing their programs because they believe their digital loaning programs fall outside the scope of this ruling... Moreover, the court's opinion focuses on digital books that the court said "are commercially available for sale or license in any electronic text format." Therefore, there remains a significant number of materials in library collections that have not made the jump to digital, nor are likely to, meaning that there is no ebook market to harm — nor is one likely to emerge for certain works, such as those that are no longer commercially viable...

This case represents just one instance in an ongoing conversation about library lending in the digital age, and the possibility of appeal to the U.S. Supreme Court means the final outcome is far from settled.
Some more quotes from links shared by Internet Archive:

• "It was clear that the only reason all the big publishers sued the Internet Archive was to put another nail in the coffin of libraries and push to keep this ebook licensing scheme grift going. Now the courts have helped." — TechDirt

• "The case against the Internet Archive is not just a story about the ruination of an online library, but a grander narrative of our times: how money facilitates the transference of knowledge away from the public, back towards the few." — blogger Hannah Williams

Thanks to Slashdot reader fjo3 for sharing the news.

The Librarian of Congress has granted a DMCA exemption allowing independent repair of soft-serve machines, addressing the persistent issue of restricted repairs on McDonald's frequently malfunctioning machines. ExtremeTech reports: Section 1201 of the DMCA makes it illegal to bypass a digital lock protecting copyrighted work. That can be the DRM on a video file you download from iTunes, the carrier locks that prevent you from using a phone on other networks, or even the software running a McDonald's soft serve machine that refuses to accept third-party repairs. By locking down a product with DRM, companies can dictate when and how items are repaired under threat of legal consequences. This is an ongoing issue for people who want to fix all those busted ice cream machines.

Earlier this year, iFixit and Public Knowledge submitted their request for an exemption that would have covered a wide swath of industrial equipment. The request included everything from building management software to the aforementioned ice cream machines. Unfortunately, the Copyright Office was unconvinced on some of these points. However, the Librarian of Congress must be just as sick as the rest of us to hear the ice cream machine is broken. The office granted an exception for "retail-level food preparation equipment."

That means restaurant owners and independent repair professionals will be able to bypass the software locks that keep kitchen machinery offline until the "right" repair services get involved. This should lower prices and speed up repairs in such situations. Public Knowledge and iFixit express disappointment that the wider expansion was not granted, but they're still celebrating with some delicious puns (and probably ice cream). "There's nothing vanilla about this victory; an exemption for retail-level commercial food preparation equipment will spark a flurry of third-party repair activity and enable businesses to better serve their customers," said Meredith Rose, Senior Policy Counsel at Public Knowledge.

A new study suggests game piracy costs publishers 19% of revenue on average when digital rights management (DRM) protections are cracked. Research associate William Volckmann at UNC analyzed 86 games using Denuvo DRM on Steam between 2014-2022.

The study, published in Entertainment Computing, found cracks appearing in the first week after release led to 20% revenue loss, dropping to 5% for cracks after six weeks. Volckmann used Steam user reviews and player counts as proxies for sales data.

An anonymous reader shares a report: Per a recent update to Microsoft's Deprecated Windows features page, Legacy DRM services utilized by Windows Media Player and Silverlight clients for Windows 7 and Windows 8 are now deprecated. This will prevent the streaming or playback of DRM-protected content in those applications on those operating systems. It also includes playing content from personal CD rips and streaming from a Silverlight or Windows 8 client to an Xbox 360 if you were still doing that.

For those unfamiliar, "DRM" refers to Digital Rights Management. Basically, DRM tech ensures that you aren't stealing or playing back pirated content. Of course, piracy still exists, but these days, most officially distributed movies, TV shows, games, etc., all involve some form of DRM unless explicitly advertised as DRM-free. DRM does seem like harmless piracy prevention on paper. Still, it hasn't been all that effective at eliminating piracy -- and where it is implemented, it mainly punishes or inconveniences paying customers. It is an excellent example of DRM's folly. Now, anyone who had previously opted into Microsoft's legitimate media streaming ecosystem with Windows 7 and 8 is being penalized for buying media legitimately since it will no longer work without them being forced to pivot to other streaming solutions.

New submitter meisdug writes: A new feature has been submitted for inclusion in Linux 6.12, allowing the display of a QR code when a kernel panic occurs using the DRM Panic handler. This QR code can capture detailed error information that is often missed in traditional text-based panic messages, making it more user-friendly. The feature, written in Rust, is optional and can be enabled via a specific build switch. This implementation follows similar ideas from other operating systems and earlier discussions in the Linux community.

An anonymous reader quotes a report from 404 Media: A group of researchers, academics, and hackers are trying to make it easier to break AI companies' terms of service to conduct "good faith research" that exposes biases, inaccuracies, and training data without fear of being sued. The U.S. government is currently considering an exemption to U.S. copyright law that would allow people to break technical protection measures and digital rights management (DRM) on AI systems to learn more about how they work, probe them for bias, discrimination, harmful and inaccurate outputs, and to learn more about the data they are trained on. The exemption would allow for "good faith" security and academic research and "red-teaming" of AI products even if the researcher had to circumvent systems designed to prevent that research. The proposed exemption has the support of the Department of Justice, which said "good faith research can help reveal unintended or undisclosed collection or exposure of sensitive personal data, or identify systems whose operations or outputs are unsafe, inaccurate, or ineffective for the uses for which they are intended or marketed by developers, or employed by end users. Such research can be especially significant when AI platforms are used for particularly important purposes, where unintended, inaccurate, or unpredictable AI output can result in serious harm to individuals."

Much of what we know about how closed-sourced AI tools like ChatGPT, Midjourney, and others work are from researchers, journalists, and ordinary users purposefully trying to trick these systems into revealing something about the data they were trained on (which often includes copyrighted material indiscriminately and secretly scraped from the internet), its biases, and its weaknesses. Doing this type of research can often violate the terms of service users agree to when they sign up for a system. For example, OpenAI's terms of service state that users cannot "attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law)," and adds that users must not "circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services."

Shayne Longpre, an MIT researcher who is part of the team pushing for the exemption, told me that "there is a lot of apprehensiveness about these models and their design, their biases, being used for discrimination, and, broadly, their trustworthiness." "But the ecosystem of researchers looking into this isn't super healthy. There are people doing the work but a lot of people are getting their accounts suspended for doing good-faith research, or they are worried about potential legal ramifications of violating terms of service," he added. "These terms of service have chilling effects on research, and companies aren't very transparent about their process for enforcing terms of service." The exemption would be to Section 1201 of the Digital Millennium Copyright Act, a sweeping copyright law. Other 1201 exemptions, which must be applied for and renewed every three years as part of a process through the Library of Congress, allow for the hacking of tractors and electronic devices for the purpose of repair, have carveouts that protect security researchers who are trying to find bugs and vulnerabilities, and in certain cases protect people who are trying to archive or preserve specific types of content. Harley Geiger of the Hacking Policy Council said that an exemption is "crucial to identifying and fixing algorithmic flaws to prevent harm or disruption," and added that a "lack of clear legal protection under DMCA Section 1201 adversely affect such research."