工具与用途：别被这种说法误导

Today's links

• Tools vs uses: Don't fall for it.
• Hey look at this: Delights to delectate.
• Object permanence: Amazon coders x Amazon warehouse workers; Bruces's ETECH speech; Steven King x unions; Tax-free S&P 500 companies; Make Pop Rocks; "Ain't Misbehavin'"; "Car Hacker's Handbook"; Pirates in Iceland.
• Upcoming appearances: Where to find me.
• Recent appearances: Where I've been.
• Latest books: You keep readin' em, I'll keep writin' 'em.
• Upcoming books: Like I said, I'll keep writin' 'em.
• Colophon: All the rest.

Tools vs uses (permalink)

When you think of a legal loophole, you probably imagine a drafting error (or perhaps a sneaky insertion) that creates an advantage for a specific person or group of people.

For example: Trump's 2017 "Big Beautiful Tax Cut" bill passed after its 479 pages were covered in hand-scrawled amendments and additions, which were not read or reviewed by lawmakers prior to voting:

https://www.usatoday.com/story/news/2017/12/02/handwriting-wall-and-page-senate-passes-tax-bill/915957001/

But one change that was widely known was Senator Ron Johnson's last-minute amendment to create deductions for "pass through entities." Johnson announced that he would block the bill if his amendment didn't go through. That amendment made three of Johnson's constituents at least half a billion dollars: Uline owners Dick and Liz Uihlein and roofing tycoon Diane Hendricks (who collectively donated $20m to Johnson's campaign).

All told, the Trump tax bill generated windfalls worth more than $1b for just 82 households, all of whom donated lavishly to the lawmakers who inserted incredibly specific amendments that benefited them, personally:

https://pluralistic.net/2021/08/11/the-canada-variant/#shitty-man-of-history-theory

Here's another example: in 1999, a Congressional staffer named Mitch Glazier secured a last-minute, one-line amendment to the Satellite Home Viewer Improvement Act that took away musicians' ability to claim back the rights to their sound recordings after 35 years through a process called "Termination of Transfer":

https://en.wikipedia.org/wiki/Mitch_Glazier#Work_for_hire

This amendment whacked one group of musicians particularly hard: the Black "heritage acts" who had been coerced into signing unbelievably shitty contracts in the 1950s, 60s and 70s, who were increasingly using termination to get those rights back. For these beloved musicians, termination meant the difference between going hungry and buying a couple extra bags of groceries every month (if this sounds familiar, it might be because you read about it in my 2024 novel The Bezzle):

https://us.macmillan.com/books/9781250865892/thebezzle/

Glazier's treachery was so outrageous that Congress actually convened a special session to repeal his amendment, and Glazier slunk out of Congress forever…so that he could take a job at $1.3m/year as CEO of the Recording Industry Association of America, where he squats to this day, insisting that he is fighting for musicians' rights:

https://projects.propublica.org/nonprofits/organizations/131669037

These are the traditional loopholes – obscure codicils in legislation that allow their beneficiaries to enrich themselves at others' expense. But there's another, equally pernicious kind of loophole that gets far less attention: a loophole that neutralizes a beneficial part of a law, taking away a right that the law seems to confer.

I have spent most of my adult life fighting against one of these rights-confiscating reverse loopholes: the "exemptions" clause to Section 1201 of the Digital Millennium Copyright Act (DMCA 1201), which might just be the most dangerous technology law on the books:

https://pluralistic.net/2026/01/14/sole-and-despotic/#world-turned-upside-down

Under DMCA 1201, it's a felony – punishable by a 5-year sentence and a $500k fine – to bypass an "access control" for a copyrighted work. This means that altering the software (that is, "a copyrighted work") in a device you own – a car, a tractor, a hearing aid, a smart speaker, a printer, a phone, a console, etc, etc – is a crime, even if your alteration does not break any other laws.

For example: there is no law requiring you to buy your printer ink from the company that sold you your printer. However, the cartel of companies that control the inkjet market all use software that is designed to block generic ink. You could turn this code off, but that would be a felony under Section 1201 of the DMCA, which means that, in practice, it's a felony to put generic ink in your printer. Jay Freeman calls it "felony contempt of business model."

When the DMCA was being debated, lawmakers faced fierce criticism over this clause, so they inserted a "safety valve" into the law that was supposed to prevent the kind of abuse that allows printer companies to force you to pay $10,000/gallon for ink.

That escape valve is called the "triennial exemptions process." Every three years, the US Copyright Office invites submissions for "exemptions" to DMCA 1201. They've granted lots of these – the right to circumvent access controls on video games for preservation purposes, on DVDs for film criticism, and on various kinds of electronics for repair.

This process may strike you as a little cumbersome – do you really have to wait up to three years to pay a lawyer to beg the government for the right to make a legal use of your own property? But this is a reverse loophole, and that means that this isn't merely cumbersome, it's farcical.

You see, the exemptions that the Copyright Office grants through the triennial process aren't tools exemptions, they're use exemptions. That means that when the Copyright Office grants an exemption giving you the right to jailbreak your car so that you can make sense of the manufacturer's diagnostic codes and turn your "check engine" light into a specific, actionable diagnosis.

You have that right. Your mechanic does not have that right. You have the right to jailbreak your car and fix it.

But it's worse than that: your right to jailbreak your car does not mean that anyone else gets the right to make a tool that allows you to make that use. You have a use exemption, but there is no tool exemption. That means that you, personally, must reverse-engineer the firmware in your car, identify a fault in the code, and leverage that to personally write software to turn the diagnostic codes into diagnoses. You are not allowed to talk to anyone else about this. You're not allowed to publish your findings. You're certainly not allowed to share the tool you create with anyone else.

This is true of all the exemptions the Copyright Office grants. If you're a film professor who's been given the right to jailbreak DVDs, you are expected to write your own DVD decrypting software, without help from anyone else, and if you manage it, you can't tell anyone else how you did it. If you're an iPhone owner who's been granted the right to jailbreak your phone and install a different app store, then you, personally, must identify a vulnerability in iOS and develop it into an exploit that you are only allowed to use on your own devices. Every other iPhone owner has to do the same thing.

DMCA 1201 has been copy-pasted into law-books all over the world. In Europe, it came in through Article 6 of the 2001 EU Copyright Directive (EUCD6). When Norway implemented this law, lawmakers included a bunch of use exemptions in a bid to placate the fierce opposition they faced. One of these exemptions allowed blind people to jailbreak ebooks so they could be used with Braille printers, screen readers, and other assistive devices.

In 2003, I traveled to Oslo to debate the minister responsible for the bill. He proudly trumpeted this exemption, so I started asking him questions about it:

How do blind people get the software that jailbreaks their ebooks so they can make use of this exemption? Am I allowed to give them that tool?

No, the minister said, you're not allowed to do that, that would be a crime.

Is the Norwegian government allowed to give them that tool? No. How about a blind rights advocacy group? No, not them either. A university computer science department? Nope. A commercial vendor? Certainly not.

No, the minister explained, under his law, a blind person would be expected to personally reverse-engineer a program like Adobe E-Reader, in hopes of discovering a defect that they could exploit by writing a program to extract the ebook text.

Oh, I said. But if a blind person did manage to do this, could they supply that tool to other blind people?

Well, no, the minister said. Each and every blind person must personally – without any help from anyone else – figure out how to reverse-engineer the ebook program, and then individually author their own alternative reader program that worked with the text of their ebooks.

https://pluralistic.net/2024/10/28/mcbroken/#my-milkshake-brings-all-the-lawyers-to-the-yard

I don't know for sure how many blind Norwegians have managed to take advantage of this use exemptions, but I'm pretty certain it's zero.

Canada's anticircumvention law was passed in 2012 through Bill C-11, the Copyright Modernization Act. Like EUCD6, C-11 has all the defects of America's anticircumvention law. In 2024, Parliament passed a national Right to Repair law (Bill C-244) and a national Interoperability law (Bill C-294). Both of them grant use exemptions to Bill C-11 – they allow Canadians to jailbreak their devices to fix them or extend their functionality with interoperable code and hardware. But neither bill has a tools exemption, which means that they are useless, since they only grant Canadians the individual, personal right to jailbreak, but they don't allow Canadian businesses or tinkerers or user groups to make the tools that Canadians need to exercise the use rights that Parliament so generously granted:

https://pluralistic.net/2024/11/15/radical-extremists/#sex-pest

Reverse loopholes are incredibly wicked. They exist solely to muddy the waters, to trick people into thinking that problems have been solved while those problems continue to fester. Hardly a week goes without my hearing from someone who's happened upon the use exemptions built into anticircumvention laws around the world and have come to the reasonable conclusion that if a law gives you the right to do something, it must also give other people the right to help you do it.

Lawmakers who pass these reverse loopholes know what they're doing. They're chaffing the policy airspace, ramming through unpopular legislation under cover of a blizzard of misleading legalese.

Hey look at this (permalink)

• Being a Luddite Is Cool and All, but Have You Seen the Hilarious Tapestries These New Looms Are Making? https://www.mcsweeneys.net/articles/being-a-luddite-is-cool-and-all-but-have-you-seen-the-hilarious-tapestries-these-new-looms-are-making

• They Didn’t Want to Have C-Sections. A Judge Would Decide How They Gave Birth. https://www.propublica.org/article/florida-court-ordered-c-sections?utm_source=sailthru&utm_medium=email&utm_campaign=weekly-newsletter

• F-Droid says Google’s Android developer verification plan is an ‘existential’ threat to alternative app stores https://thenewstack.io/f-droid-says-googles-android-developer-verification-plan-is-an-existential-threat-to-alternative-app-stores/

• Meta to Shut Down Instagram End-to-End Encrypted Chat Support Starting May 2026 https://thehackernews.com/2026/03/meta-to-shut-down-instagram-end-to-end.html

• The Removed DOGE Deposition Videos Have Already Been Backed Up Across the Internet https://www.404media.co/the-removed-doge-deposition-videos-have-already-been-backed-up-across-the-internet/

Object permanence (permalink)

#20yrsago Full text of Bruce Sterling’s ETECH speech from last week https://web.archive.org/web/20060406025248/http://www.viridiandesign.org/2006/03/viridian-note-00459-emerging.html

#20yrsago HOWTO build a glowing throne out of 4k AOL CDs https://web.archive.org/web/20060408174929/https://stupidco.com/aol_throne_intro.html

#20yrsago How Sweden’s “Pirate Bay” site resists the MPAA https://web.archive.org/web/20060423222220/https://www.wired.com/news/technology/1,70358-0.html

#15yrsago Stephen King sticks up for unions https://www.youtube.com/watch?v=x1vW1zPmnKQ

#15yrsago Largest Wisconsin protests ever: 85,000+ people in Madison’s streets https://web.archive.org/web/20110319152841/http://www.huffingtonpost.com/2011/03/12/wisconsin-protesters-refu_n_834927.html

#15yrsago Why Borders failed https://www.quora.com/Borders-Books/Why-is-Barnes-Noble-performing-well-as-a-business-while-Borders-has-filed-for-bankruptcy/answer/Mark-Evans-9

#15yrsago HOWTO make Pop Rocks https://www.instructables.com/Pop-Rocks/

#15yrsago Ain’t Misbehavin’: subject index to democratic parenting https://memex.craphound.com/2011/03/14/aint-misbehavin-subject-index-to-democratic-parenting/

#10yrsago 50 reasons the TPP is terrible beyond belief https://www.michaelgeist.ca/2016/03/the-trouble-with-the-tpp-day-50-the-case-against-ratifying-the-trans-pacific-partnership/

#10yrsago More high-profile resignations at Breitbart, after abused reporter thrown under Trump’s bus https://www.buzzfeednews.com/article/rosiegray/michelle-fields-ben-shapiro-resign-from-breitbart#.vlbZ4YxLe

#10yrsago If Iceland held its elections today, the Pirate Party would win https://torrentfreak.com/pirate-party-to-dominate-icelan-parliament-survey-finds-160314/

#10yrsago The Car Hacker’s Handbook: a Guide for Penetration Testers https://memex.craphound.com/2016/03/14/the-car-hackers-handbook-a-guide-for-penetration-testers/

#10yrsago USA uses TPP-like trade-court to kill massive Indian solar project https://web.archive.org/web/20160314085012/http://theantimedia.org/preview-of-the-tpp-america-just-blocked-a-massive-solar-project-in-india/

#10yrsago These 27 profitable S&P 500 companies paid no tax last year https://www.usatoday.com/story/money/markets/2016/03/07/27-giant-profitable-companies-paid-no-taxes/81399094/

#10yrsago Family: police high-fived after tasering our handcuffed relative to death https://web.archive.org/web/20160312165903/https://www.ajc.com/news/news/crime-law/family-of-victim-in-coweta-county-taser-death-seek/nqhcm/

#1yrago The future of Amazon coders is the present of Amazon warehouse workers https://pluralistic.net/2025/03/13/electronic-whipping/#youre-next

Upcoming appearances (permalink)

• Barcelona: Enshittification with Simona Levi/Xnet (Llibreria Finestres), Mar 20 https://www.llibreriafinestres.com/evento/cory-doctorow/

• Berkeley: Bioneers keynote, Mar 27 https://conference.bioneers.org/

• Montreal: Bronfman Lecture (McGill) Apr 10 https://www.eventbrite.ca/e/artificial-intelligence-the-ultimate-disrupter-tickets-1982706623885

• London: Resisting Big Tech Empires (LSBU) https://www.tickettailor.com/events/globaljusticenow/2042691

• Berlin: Re:publica, May 18-20 https://re-publica.com/de/news/rp26-sprecher-cory-doctorow

• Berlin: Enshittification at Otherland Books, May 19 https://www.otherland-berlin.de/de/event-details/cory-doctorow.html

• Hay-on-Wye: HowTheLightGetsIn, May 22-25 https://howthelightgetsin.org/festivals/hay/big-ideas-2

Recent appearances (permalink)

• Do you feel screwed over by big tech? (Ontario Today) https://www.cbc.ca/listen/live-radio/1-45-ontario-today/clip/16203024-do-feel-screwed-big-tech

• Launch for Cindy's Cohn's "Privacy's Defender" (City Lights) https://www.youtube.com/watch?v=WuVCm2PUalU

• Chicken Mating Harnesses (This Week in Tech) https://twit.tv/shows/this-week-in-tech/episodes/1074

• The Virtual Jewel Box (U Utah) https://tanner.utah.edu/podcast/enshittification-cory-doctorow-matthew-potolsky/

• Tanner Humanities Lecture (U Utah) https://www.youtube.com/watch?v=i6Yf1nSyekI

Latest books (permalink)

• "Canny Valley": A limited edition collection of the collages I create for Pluralistic, self-published, September 2025 https://pluralistic.net/2025/09/04/illustrious/#chairman-bruce

• "Enshittification: Why Everything Suddenly Got Worse and What to Do About It," Farrar, Straus, Giroux, October 7 2025 https://us.macmillan.com/books/9780374619329/enshittification/

• "Picks and Shovels": a sequel to "Red Team Blues," about the heroic era of the PC, Tor Books (US), Head of Zeus (UK), February 2025 (https://us.macmillan.com/books/9781250865908/picksandshovels).

• "The Bezzle": a sequel to "Red Team Blues," about prison-tech and other grifts, Tor Books (US), Head of Zeus (UK), February 2024 (thebezzle.org).

• "The Lost Cause:" a solarpunk novel of hope in the climate emergency, Tor Books (US), Head of Zeus (UK), November 2023 (http://lost-cause.org).

• "The Internet Con": A nonfiction book about interoperability and Big Tech (Verso) September 2023 (http://seizethemeansofcomputation.org). Signed copies at Book Soup (https://www.booksoup.com/book/9781804291245).

• "Red Team Blues": "A grabby, compulsive thriller that will leave you knowing more about how the world works than you did before." Tor Books http://redteamblues.com.

• "Chokepoint Capitalism: How to Beat Big Tech, Tame Big Content, and Get Artists Paid, with Rebecca Giblin", on how to unrig the markets for creative labor, Beacon Press/Scribe 2022 https://chokepointcapitalism.com

Upcoming books (permalink)

• "The Reverse-Centaur's Guide to AI," a short book about being a better AI critic, Farrar, Straus and Giroux, June 2026

• "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2026

• "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

• "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2027

• "The Memex Method," Farrar, Straus, Giroux, 2027

Colophon (permalink)

Today's top sources:

Currently writing: "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America ( words today, total)

• "The Reverse Centaur's Guide to AI," a short book for Farrar, Straus and Giroux about being an effective AI critic. LEGAL REVIEW AND COPYEDIT COMPLETE.

• "The Post-American Internet," a short book about internet policy in the age of Trumpism. PLANNING.

• A Little Brother short story about DIY insulin PLANNING

This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

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