> Yes, it's legal today but should we make it illegal?
IMO, yes. We make it illegal for someone to come into your home and take your stuff, which ends up with you losing control over it (you have no more access to your stuff), so it also makes sense to make it illegal for someone to decide to not allow you install or modify the stuff you have (again taking control away from you).
The way most of these platforms run is like buying something but by doing so you also give an implicit permission for the seller to come in your house and modify or even forbid you from using what you bought if they do not like what you are doing with it.
Imagine if you bought an oven and you could only bake specific recipes that the over manufacturer allowed. And when you complained you had others telling you "just buy another oven" (until all oven manufacturers were into the game because it made them more money - especially those who are also into selling ingredients - and you had no other options, except perhaps a few cheap models that had a tendency to explode every now and then and their only usefulness is to be used as skapegoats whenever "monopoly" is brought up).
And yes, i know the above comparisons aren't 100% fitting, software isn't a physical product, it is special, but it still feels very wrong to buy a device (be it a phone, gaming console, TV or whatever) and have no control over what you can install or even -in some cases- do with it.
If it was clearly stated before I bought the oven that it was limited to a certain number of recipes that the manufacturer provided, I actually don’t see the problem. You knew from the start what you were paying for.
And for your complaint that all the other ovens are crap and explode. Shouldn’t you take that up with the people making those ovens, not the one that made the locked oven? Maybe it’s very very hard to make ovens that don’t explode from time to time when people can cook whatever they want in them?
If someone came after you paid them and said, btw, you can’t make muffins in this oven, then I think it’s fair to be upset. But in the current situation, no.
> We make it illegal for someone to come into your home and take your stuff
It's not illegal however if you signed a contract to that effect, which is what you did when you started using the platform.
A better analogy is that you're renting some furniture and the furniture is found to be unsafe. The company can come and take it away, either replacing it with something else or refunding you.
In the software world nobody but the creators or IP holders of the software actually owns the software. They just provide you the license to use it.
It's illegal in many countries to modify the software so if you had a closed-source word processing application it would be illegal to mod it or to use it as part of a data transformation pipeline. You can only use it for the purposes stated when you bought it.
If there was a way to limit your oven to bake recipes the manufacturer allowed or to use specific approved ingredients, and would come with some sort of value-add to make consumers ignore that as a problem, I'm sure someone would actually do this.
(please note that I am stating facts as I see them and not necessarily agreeing with the state of affairs)
The question above was about if something should be made illegal, not what the current state of affairs is.
Also i'm not arguing about who owns the software, i never asked for ownership of the software, i ask for being able to be in control of the software that runs in the hardware i do actually own. This does not require me owning the OS that runs in my hardware.
And yes, i'm sure someone would do the oven stuff if it was possible and making that illegal would also be something that would be needed.
The part of that argument I have trouble with is the “until all oven manufacturer were into the game” part. Do you have an example where an entire class of computer hardware became impossible to buy without firmware restrictions? This alarm bell has been sounded as “The War on General Purpose Computing” for over a decade for different pieces of hardware (laptops, desktops, routers, phones, etc.) but it still hasn’t really trended negatively (phones and routers in particular have many more unlocked options today that they did in the early 2000s), let alone come close to extinction for any of them. The broadest category you could make a case for is specifically x86 processors, but only the IME/PSP/SMM components.
I think the reality is there just isn’t as much business incentive to do these kind of things to computing devices as much as people imagine, and instead the arguments tend to paint the would-be oppressors as cartoon villains that want to remove these abilities from the world just because. Android phones that can root or at least sideload have been numerous forever; somehow nobody has bothered to create a halfway serious Google Play Store competitor anyway. Why would every business move to quash something which ultimately isn’t a universal threat? What Epic wants isn’t sideloading or rooting their way on to iPhones, they want Apple themselves to have to let users install Epic’s store through normal channels.
Game consoles, right? Back in the day things like the Commodore were often sold as game systems and computers (the NES wasn’t but you could still run unlicensed software). Nowadays, good luck running something on your PS4/Switch that the company didn’t approve (unless you have a hackable switch I guess, but that’s extremely fiddly).
The NES could not run unlicensed software. In fact, the NES arguably invented the App Store licensing model. Every console (save for the toploaders) has a lockout chip that resets the CPU every second or so unless it's able to exchange encrypted data with a companion lockout chip in the cartridge. Nintendo used this to "protect" the US gaming market from games they didn't approve of.
Technically, the Family Computer (Famicom) could run unlicensed software. It even had a BASIC interpreter and a keyboard controller. Nintendo realized their mistake very quickly, however, which is why the NES has a lockout chip and the disk add-on for the Famicom also locked out third-party disks. (Note that part of the system was the ability to buy blank disks and pay to download games onto them via a Disk Writer kiosk, hence why the disks were proprietary, not just the games.) A number of game developers in Japan found that to be a bit of a shock, from what I've heard.
That’s a good point, but the incentives there make more sense: game piracy has been a huge issue for publishers on every gaming platform (PC included) that didn’t put serious hardware roadblocks to it. They also sell the hardware at a loss, which means locking it down if you don’t want someone to build a supercomputer out of it on your dime.
In my opinion there is an important difference between purpose-built entertainment devices like consoles where sometimes HW cost is donated by the manufacturer and a multi-functional generic computer like laptop/desktop and partly smartphone. I care less about locked PS4 ecosystem than smartphonrs and computers.
IMO, yes. We make it illegal for someone to come into your home and take your stuff, which ends up with you losing control over it (you have no more access to your stuff), so it also makes sense to make it illegal for someone to decide to not allow you install or modify the stuff you have (again taking control away from you).
The way most of these platforms run is like buying something but by doing so you also give an implicit permission for the seller to come in your house and modify or even forbid you from using what you bought if they do not like what you are doing with it.
Imagine if you bought an oven and you could only bake specific recipes that the over manufacturer allowed. And when you complained you had others telling you "just buy another oven" (until all oven manufacturers were into the game because it made them more money - especially those who are also into selling ingredients - and you had no other options, except perhaps a few cheap models that had a tendency to explode every now and then and their only usefulness is to be used as skapegoats whenever "monopoly" is brought up).
And yes, i know the above comparisons aren't 100% fitting, software isn't a physical product, it is special, but it still feels very wrong to buy a device (be it a phone, gaming console, TV or whatever) and have no control over what you can install or even -in some cases- do with it.