Tag Archive for: Ownership

The End Of Ownership, Military Edition: Even The US Military Can’t Fix Its Own Equipment Without Right To Repair Laws

We’ve written many times about the right to repair and how various companies have basically destroyed the concept of ownership by putting all sorts of post-purchase restrictions on what you can do with the products you supposedly “bought.” This began with copyright, but has morphed into other areas as well, including abusive and illegal claims about “warranty void if removed.” I still believe that excessive copyright law is to blame for all of this, as physical goods manufacturers looked at the post-sale restrictions enabled by copyright law and immediately began to think of ways to use that on physical items.

This lack of a “right to repair” is showing up in more and more places including, somewhat incredibly, the US military. The NY Times recently ran an op-ed from Capt. Elle Ekman, a logistics officer in the US Marine Corps., expressing her dismay at how the lack of right to repair laws is actually making it difficult to impossible for the US military to repair its own equipment. The whole thing is really stunning.

I first heard about the term from a fellow Marine interested in problems with monopoly power and technology. A few past experiences then snapped into focus. Besides the broken generator in South Korea, I remembered working at a maintenance unit in Okinawa, Japan, watching as engines were packed up and shipped back to contractors in the United States for repairs because “that’s what the contract says.” The process took months.

With every engine sent back, Marines lost the opportunity to practice the skills they might need one day on the battlefield, where contractor support is inordinately expensive, unreliable or nonexistent.

I also recalled how Marines have the ability to manufacture parts using water-jets, lathes and milling machines (as well as newer 3-D printers), but that these tools often sit idle in maintenance bays alongside broken-down military equipment. Although parts from the manufacturer aren’t available to repair the equipment, we aren’t allowed to make the parts ourselves “due to specifications.”

Ekman notes that this problem has gotten worse over time, not just because of companies trying to block the right to actually fix what you own, but because of the trend to push R&D out of the military into the commercial sector, and then for the military to purchase from that commercial sector. When the military built its own stuff, of course it could repair it. But now it relies on standard commercial contracts, which apparently are blocking the right to repair and leaving US service men and women with subpar equipment that could (and should) have been fixed much faster. And Ekman expects the problem to only worsen:

The effects of the right-to-repair paradigm will become only more significant and restrictive as older military vehicles and systems are replaced with equipment that is more complex and involving more electronics. Already complicated equipment designs lead to situations where the manufacturer is the only source for repairs.

Again, this is an issue that reaches far and wide, well beyond the claims of “piracy” or “knock-offs” that some people insist is at the heart of the right to repair movement. When the military has to worry about whether or not it can have the best equipment working properly because of a bullshit commercial contract, we have a real problem:

Fundamentally, service members just want to ensure that their gear is ready to meet mission requirements. While a broken generator or tactical vehicle may seem like small issues, the implications are much larger when a combat ship or a fighter jet needs to be fixed. What happens when those systems break somewhere with limited communications or transportation? Will the Department of Defense get stuck in the mud because of a warranty?

It’s well past the time that the right to repair was established as a fundamental right. People who insist on supporting “property rights” are frequently on the wrong side of this argument, by claiming that the “contract right” supersedes the “right to repair.” But that’s ridiculous and truly an attack on actual property rights and ownership. If you own something, you should be able to take it apart, to modify it, and to fix it, without it violating any contracts or laws.

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Air Force takes ownership of DARPA cyber warfare program – Inside Defense

Air Force takes ownership of DARPA cyber warfare program  Inside Defense

A Defense Advanced Research Projects Agency program that laid the foundation for planning and execution of cyber operations is now being transitioned to the …

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The Latest In Trademark Abuse Is Registering Marks To Obtain Ownership Of Instagram Accounts

When one thinks about an Instagram account being taken over by a malicious actor, one usually imagines some kind of hack or social engineering resulting in the theft of an account password. The refrain “It wasn’t me, I was hacked!” that you hear from some whose social media profiles are the subject of social scrutiny relies on this impression.

But there are many different ways to hack a cat. The latest in Instagram account takeovers appears to be done through the avenue of trademark law, interestingly enough. Motherboard has a fascinating write-up detailing an entire ecosystem of malicious actors who are abusing trademarks to convince Instagram to hand over access to accounts.

Scammers do this by creating fake companies and trademarks to convince Instagram they should be the legitimate owner of a username in question, with fraudsters using “trademarking,” as the technique is known, to get ahold of sought-after, valuable handles, according to posts and evidence of the process in action obtained by Motherboard. The scammers can then keep these handles as digital mementos, brag about their acquisition, or resell them at a profit in a thriving underground community.

Instagram allows users to report handles that a person or company believes infringes on their trademark. For example (this is a hypothetical), if the creator of the @disney handle on Instagram was not actually associated with Disney, the company may want to appeal to obtain ownership of the username. If Instagram agrees, it may then hand over control of the account to the original trademark holder. Instagram told Motherboard it has a team that works on trademark and intellectual property issues, and as part of that process, the team reviews whether a complaint may be fraudulent.

Judging by the sheer volume of bad actors that are “trademarking” in order to fool Instagram, it seems the company’s team is at best not fully up to the task of weeding out the fraudsters. And, to be clear, this isn’t so much a problem with trademark law as it is a problem with Instagram putting so much weight on supposed trademark ownership that it acts as the linchpin for account takeovers. That said, while time consuming, the ease with which bad actors can spin up trademarks makes this problem more wide-spread.

Several users on the underground forum OGUsers, which focuses on the theft and sale of high value Instagram accounts, appear to engage in the practice.

“I’m looking to get a trademark or fake trademark that will make it look like I own a word so I can get an insta username,” one user posted on the forum last year.

“Need someone from the uk to file a trademark from me,” another OGUsers member wrote last year. “Willing to pay fees + 20% in bitcoin.”

A previous Motherboard investigation found members of OGUsers often sell handles for thousands or sometimes tens of thousands of dollars worth of cryptocurrency, although most of those account hijackings likely rely on SIM-jacking, where a hacker takes control of a victim’s phone number.

Again, the ultimate culprit here is Instagram using a trademark, or supposed trademark, as the chief justification for handing over an Instagram account. There obviously needs to be more of a check in place to ensure that this exact tactic is not allowed to be abused. It’s also something of a symptom of ownership culture that an individual is allowed to point to a trademark, then to an Instagram account, and claim ownership.

It seems the only barrier to abusing trademark law for malicious actions is one of creativity.

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Segway Business Shifting Gears with Ownership and Management Changes (Ryan McBride/Xconomy)

Ryan McBride / Xconomy:
Segway Business Shifting Gears with Ownership and Management Changes  —  Ryan McBride wrote:  —  Segway, the maker of two-wheeled transporters of the same name, has been sold through a merger with a UK holding company for an undisclosed sum, and the firm’s CEO, Jim Norrod …

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