(Digital) Elbows Up (OCADU, November 27, 2025)

This week on my podcast, I play the audio from (Digital) Elbows Up: How Canada Can Become a Nation of Jailbreakers, Reclaim Our Digital Sovereignty, Win the Trade-War, and Disenshittify Our Technology, a speech I delivered on November 27, 2025 at OCADU in Toronto, Canada (video here, transcript here).

I recognize that this is all very abstract, so let me make it concrete. When you buy a printer from HP, it becomes your property. What’s property? Well, let’s use the standard definition that every law student learns in first year property law, from Sir William Blackstone’s 1753 treatise:

“Property: that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.”

The printer is yours. It’s your property. You have sole and despotic dominion over it in exclusion of any other individual in the universe.

But HP printers ship with a program that checks to see whether you’re using HP ink, and if it suspects that you’ve bought generic ink, the printer refuses to use it. Now, Congress never passed a law saying “If you buy an HP printer, you have to buy HP ink, too.” That would be a weird law, given the whole sole-and-despotic dominion thing.

But because HP puts an “access control” in the ink-checking code, they can conjure up a brand new law: a law that effectively requires you to use HP ink.

Anticircumvention is a way for legislatures to outsource law-making to corporations. Once a corporation adds an access control to its product, they can create a new felony for using it in ways that benefit you at the expense of the company’s shareholders.

MP3