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Security Issues and Proprietary Software Calamity

Submitted by Roy Schestowitz on Tuesday 27th of April 2021 03:38:47 PM
  • Hashicorp revoked private key exposed in Codecov security breach [Ed: Centralisation as security risk that extends to Microsoft servers, which often serve malware (e.g. GitHub/NPM)]

    Codecov’s breach is a form of supply chain attack, where attackers target a company’s suppliers or vendors. By compromising Codecov, the attackers got their hands on all kinds of API keys, login credentials, and other security information. In the case of HashiCorp, if the attackers had tampered with the company’s tools, that would be yet another supply chain attack because those tools are widely used within enterprises.

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    Amid reports of a spike in cheating, technology companies rushed out online proctoring products during 2020. But many faced a backlash from students who found tools such as video monitoring intrusive, while academics questioned the efficacy of such products.

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    Roku, in a message sent to YouTube TV subscribers that use its platform, said that Google demanded that Roku prioritize YouTube content in its search results, and demanded that it use certain chips or memory cards that would force the company to raise the prices of its hardware.

  • The erosion of personal ownership

    These problems share a legal history. Traditionally, in US law, the so-called “first-sale doctrine” (also known as exhaustion) limits sellers’ ability to control what a customer does with their copy of a copyrighted work after purchase (e.g., reselling a book). But with the advent of intangible goods like software, which could be copied identically from a purchased version, rights holders grew concerned over a single sale’s potential widespread duplication. Courts struggled to apply the laws concerning traditional property to goods that did not exist in physical space. As Washington and Lee University law professor Joshua A.T. Fairfield writes in his book Owned: Property, Privacy, and the New Digital Serfdom, intellectual [sic] property [sic] law filled the void.

    A crucial decision came in 1993 when the Ninth Circuit of the US Court of Appeals ruled in MAI Systems Corp. v. Peak Computer Inc. that the local, impermanent copy of an operating system that is loaded into a computer’s RAM upon its booting up — a necessary component of a computer’s operation — is, by virtue of making a copy of intellectual [sic] property [sic] (the operating system), subject to copyright law. This “deeply stupid ruling,” Fairfield tells Vox, laid a trap, making the use of any software (broadly meaning nearly anything used on a computer system) a copyright violation unless the user followed rules set unilaterally by the manufacturer and/or seller. “That was the case that handed the keys to the kingdom to these companies,” Fairfield says.

    These legal principles have carried over to the so-called Internet of Things, in which tangible objects are embedded with copyrighted software (a.k.a. smart devices, like smart refrigerators and televisions and cars). As discovered by those John Deere customers, even wholly purchased real-world objects are subject to user agreements imposed by the seller. Here Fairfield cites the tech principle known as Doctorow’s First Law: “Anytime someone puts a lock on something that belongs to you, and won’t give you a key, they’re not doing it for your benefit.”

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