Archive for January, 2006

A very theoretical question about intellectual property

Thursday, January 26th, 2006

As a practical reality, intellectual property is one of the most carefully-protected property classes out there today. The combination of statutory law, common law, and code-enforced law have created a legal mess that is almost as hard to wrap your brain around as the tax code. The number of interested, huge, well-funded parties doesn’t help.

But in a purely hypothetical, analytical, theoretical world, I have a question: does intellectual property exist, as a first principle?

Taken for granted: real property exists. This isn’t some argument from radical skepticism that I’m presenting here. I don’t want you to steal my car and drive away with it. I want to kick you off of my land (or my little street corner, as the case may be) if I don’t like you. This kind of property is not what I mean to question.

Intellectual property is fundamentally different. You cannot touch it. Or, as Scott Adams says, you cannot eat it if you try hard enough. I can certainly understand creating a set of rights associated with intellectual property to, as the US Constitution says (approximately), encourage progress in the arts and sciences. But that’s a different question entirely.

My question is this: assuming we decided as a society that we aren’t interested in the trade-off that our Constitution makes concerning IP, would intellectual property exist anyway? I have some ideas about how to think this through, but I haven’t managed to find the time to do so yet. Anyone have an opinion?

Harold Bloom answers his e-mail

Thursday, January 26th, 2006

Another reason why the Internet is Just Cool. I’ve been on a bit of a self-reeducation rampage over the past few years, focusing in particular on humanities. I’ve read a few of Harold Bloom’s books lately – The Western Canon, Shakespeare: The Invention of the Human, and most recently, his Barnes & Noble audio course, What a Piece of Work Is Man, covering the seven major tragedies.

I liked the audio course so much that I decided to e-mail him and ask if/when he’s planning to do the Histories and the Comedies. He replied (which I wasn’t really expecting) and said that he was going to wait and see how the tragedies course was received.

So, if you’re interested in this sort of thing, treat yourself to the lecture course (about $35 if you’re a B&N member), and then leave them positive feedback so I can get my Histories and Comedies. TIA. :-)

Some Microsoft reactions to the x64 signing brouhaha

Thursday, January 26th, 2006

Microsoft is one of the most engaged companies in the tech industry when it comes to interacting well with the development community. So where have they been on this issue?

Craig has had a couple of posts on the topic, with some interesting comments from the community. He points out that, like any policy, the Verisign monopoly is subject to change, particularly based on community feedback.

Doron Holan said on NTDEV that he is summarizing the feedback and sending it on to the appropriate places. Henry Gabryjelski said the following:

Has anyone considered that malware, spyware, and rootkits are
increasingly loading in the kernel and becoming harder to detect? No
more kernel-based rootkits that aren’t trackable back to a corporation?
It just seems to me that having all kernel-mode bits signed seems like
it could greatly reduce this attack vector.

I sympathize with him, but fundamentally, I agree with the majority here: there is a point at which liberty outweighs security. As the great Ben Franklin once said, “Those who would sacrifice liberty in favor of security deserve neither.”

Clearing your Google search history

Thursday, January 26th, 2006

I don’t know how effective this is, but it looks good at a first glance. If you are worried about the Google having data about your search history, you can clear the entire thing by clicking on the “search history” link and then clicking “remove history”. There is a “clear the entire history” link in the removal screen.

It’s worth noting that this might not actually remove any information at all, but it does seem to act that way.

More on kernel driver signing

Thursday, January 26th, 2006

After a fast trip to Denver and back, I sat down and spent some more time with the driver signing documents and reading up on the NTDEV thread. Mea culpa; I didn’t wrap my brain around the key change here: only Verisign certs are allowed.

In my meager defense, I was led to that impression by my friends at Microsoft. During the last MVP summit (October… not long ago…), we had a long discussion on just this point. The people in charge of implementing this area of policy explained the authenticode path and said that it would be supported in Vista. This is quite a departure.

A couple of us at the summit sketched out the abuse path I talked about in my last post; Microsoft didn’t really have a response to it at the time. I guess they do now!

Don Burn suggested writing a letter to Microsoft to voice concerns. I’m thinking about taking him up on that suggestion. Regardless, there is a serious cultural problem in play here: DRM is going to make everyone’s life worse if something isn’t done about it. I fear that it may be only a matter of time until DRM-related technologies are legislated into our computers and our software (witness: v-chip, DMCA, HDTV, and other government fiats to this purpose).

Go support the EFF. Fast!

Vista x64 and signed drivers

Monday, January 23rd, 2006

There has been a debate raging on NTDEV about x64 driver signing. The statement from Microsoft is that there will be no way to install an unsigned driver on x64 Windows going forward, but that Authenticode signing with a Verisign cert will be accepted by the OS.

I think this idea is only half-baked myself, although I totally understand their motivations for doing this. Don Burn suggested the following:

To see if we can get Microsoft to initiate a discussion, I urge everyone to
go read the paper at
http://www.microsoft.com/whdc/system/platform/64bit/kmsigning.mspx. At the
end of the paper is the feedback email address for this stuff. If enough of
us make rational comments to that address, Microsoft may realize there is a
problem.

The thing I don’t understand is this: Authenticode is taken to be an acceptable signature for a driver. Administrators can install signing certificates into the system. Programs can do whatever administrators can do. And so on.

Now, am I missing something here? I haven’t actually tried this yet, but it’s getting to be a more and more interesting discussion.

Interesting PreFAST warning

Monday, January 16th, 2006

Michael Howard points out an interesting prefast warning.

Guy Kawasaki is bright

Monday, January 16th, 2006

Guy Kawasaki has been blogging for about a week and a half. In that space, he has managed to post at least three posts that are amazingly worth reading, and in general, everything he says seems to be interesting so far.

xpsp3

Monday, January 16th, 2006

Looks like it’s gonna be another 18 months or so before we see XP SP3. Seems like service packs have gotten a lot more spaced out since the NT days. Hey, it beats Win95. :-)

WinPE 2.0 will be publicly available

Monday, January 16th, 2006

I just ran across this from Steve Carbone’s blog. Complaints are occasionally registered by driver developers that there is no way to test their drivers in WinPE because it’s so darn hard to get. This looks like a step in the right direction.

Outside The Cube : WinPE 2.0 goodness for the masses…