When Microsoft shipped its Xbox game console, Linux programmers salivated. The Xbox was a pretty nice computer, priced at $149. The Xbox had all the hardware needed to run Linux and its applications. Problem was, Microsoft had tried to lock down the Xbox hardware to prevent unauthorized programs – such as the Linux kernel – from running on it. An article at xbox-linux.org explains how this lockdown plan failed. The technical details are quite interesting, but nontechies can learn from this story too.
Microsoft had two reasons for locking down the hardware. It wanted to stop people from running Xbox games that had been illegally copied. And it wanted to stop people from running other (noninfringing) software such as Linux. The latter goal is the more interesting one. Microsoft did this because it wanted to sell the Xbox hardware at a loss, and make up the difference by charging a premium for games. To do this, it needed to stop unauthorized software – otherwise people might buy the Xbox, install another operating system on it, and never buy an Xbox game.
A group of clever engineers, calling themselves the Xbox Linux Project, set out to discover how Microsoft had tried to lock down the Xbox hardware, and how they could overcome Microsoft’s lockdown and install Linux. We would expect them to succeed – in computer security, physical control of a device almost always can be leveraged to control the device’s behavior – and indeed they did. The bulk of the Xbox-Linux article describes the technical details of how Microsoft’s lockdown worked, how they reverse engineered it, and the tricks they discovered for capturing effective control of the Xbox and installing Linux on it.
Opponents of this kind of tinkering often argue that it is really just a front for copyright infringement – that the tinkerers really just want to run illegally copied games. But the article describes a group of people who just want to run Linux on their Xboxes, and are willing to take steps to stop their work being misappropriated by game copiers. For example, the article says that once they had figured out a trick, which the article calls a “hack”, for installing new software on the Xbox, they tried to use it responsibly:
But the Xbox Linux Project did not blindly release this hack. The first … proof of concept exploit had been finished in January 2003. After that, a lot of energy was invested in finding out a way to free the Xbox for homebrew development and Linux, but not allowing game copies. Microsoft was contacted, but without any success. They just ignored the problem.
Finally in July, the hack was released, with heavy obfuscation, and lockout code for non-Linux use. It was obvious that this would only slow down the “hacking of the hack”, so eventually, people would be able to use this vulnerability for copied games, but since Microsoft showed no interest in finding a solution, there was no other option than full disclosure. The suggestion of the Xbox Linux Project would have been to work together with Microsoft to silently close the security holes and, in return, work on a method to let homebrew and Linux run on the Xbox.
What should public policy have to say about this? Given that the Xbox Linux folks apparently weren’t trying to copy games but simply wanted to run noninfringing software on lawfully purchased hardware, and given that they took steps to hinder the use of their work for infringing purposes, it’s hard to object to their work on copyright grounds. The real action here is in Microsoft’s strategy of selling the Xbox hardware as a loss leader, and the tendency of the Xbox Linux work to frustrate this strategy. Xbox Linux creates value for its users. Should public policy be willing to destroy this value in order to enable Microsoft’s pricing strategy? My instinct is that it should not, though there is a plausible argument on the other side.
What is clear, though, is that this is not really a copyright issue. At bottom, it’s not about the right of Microsoft to be paid for the Xboxes it builds, or about the right of game authors to be paid for the copies of their games that users get. Instead, it’s about whether Microsoft can control how people use its products. In general, the law does not give the maker of a product the right to control its use. Why should the Xbox be any different?
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