Who Really Owns Our Software?
Previously, I’ve written a blog about subscriptions, which I think are interesting windows into a concept that has haunted computing since its conception—who owns software? The matter of ownership is no simple topic, but I know of one thing for certain: whoever owns the software you use -- it isn’t you.
Subscriptions are the most evident depiction of this phenomenon; they reveal a core feature of ownership that is easily violated in software: if it can be legally taken from you at any time, it isn’t yours. Adobe, Spotify, iCloud, and Microsoft all stop happening the day you stop paying. All those companies are selling licenses, and licenses can be revoked.
But what if you had purchased something (not a subscription) and the seller took it from you? That’s what has gamers up in arms this month. They’re concerned about Sony’s announcement: no more discs for new games after 2028. The fear from gamers, which is not unfounded, is that one day the games they rightfully and appropriately purchased will become completely defunct. Some, like Louis Rossmann, see this as part of a growing trend of what many consider to be anti-consumer behavior on the part of video game studios and other software companies.
It seems impossible to imagine, but it’s theoretically possible that one day Adobe may shut down. As of now, most Adobe product ‘owners’ would be locked out of Adobe Reader, Photoshop, and more after just a few months because that’s the longest the program can go without checking in to Adobe HQ. Many of my current favorite video games are this way; if the developers of these games (some of which are over a decade old) ever stop supporting them, they will be unplayable. Hundreds of hours will evaporate as easily as you or I shut down our computers.
The unfortunate truth today is that there is no codified responsibility in the US for providers of digital services to make their software usable beyond what they deem appropriate, a decision they can make regardless of consumer opinion. I know I’ve already said as much, but I feel I should repeat myself because of how outlandish it seems: what if Spotify shut down tomorrow and your music library there is gone? No matter how much money you gave them in the past or would be willing to give them to continue could change it. Adobe, Spotify, and Sony all make radically different products, so that’s apples to oranges, but the point is the same. If they can take it from you legally, you don’t really own it.
I take some solace, personally, in the fact that nothing in my life lasts forever anyway, save for my soul. I’m reminded of the songwriter Andy Hull when he wrote: “there’s nothing I’ve got when I die that I keep // it’s amazing”. Which is to say, it’s not worth losing sleep on. I’m hopeful a better answer to digital ownership is possible and achievable in the near future. Until that time, read the TOS and stay safe out there.