[HN Gopher] Adobe uses DMCA to nuke project that keeps Flash ali...
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       Adobe uses DMCA to nuke project that keeps Flash alive, secure and
       adware free
        
       Author : CTOSian
       Score  : 244 points
       Date   : 2021-10-12 19:05 UTC (3 hours ago)
        
 (HTM) web link (torrentfreak.com)
 (TXT) w3m dump (torrentfreak.com)
        
       | jeroenhd wrote:
       | The most astounding thing in this article is that the developer
       | is denying copyright infringement.
       | 
       | There are many arguments to be made for preserving flash and
       | providing a clean, easy way to install a modified version of
       | Flash with the necessary security updates. But claiming that
       | there was no copyright infringement? The Gitlab screenshot [0]
       | uses Adobe's copyrighted logo, looks suspiciously like it's
       | affiliated with Flash by mimicking its installer and installs an
       | illegally distributed Flash binary.
       | 
       | The real problem here is that the binary does contain propietary
       | Flash code, but the code itself doesn't. I can't verify if the
       | releases page hosted the full-fat executables or not; if they
       | did, the DMCA seems quite standard. If they didn't, the DMCA was
       | definitely filed under false pretenses because it claimed a
       | violation of _Adobe's code_ rather than their resources.
       | 
       | [0]: https://user-content.gitlab-
       | static.net/7cd707fa280480fd2947d...
        
         | commoner wrote:
         | The use of the Flash logo may be a trademark violation, but
         | it's not a copyright violation. The logo is so simple that
         | Wikimedia Commons has it labeled "does not meet the threshold
         | of originality needed for copyright protection, and is
         | therefore in the public domain":
         | 
         | https://commons.wikimedia.org/wiki/File:Adobe_Flash_Player_3...
        
       | quotz wrote:
       | On another note, Adobe keeps downloading bloatware on my laptop
       | anytime I open creative cloud. Such a disappointment they've
       | become
        
       | heavyset_go wrote:
       | One way the developer can work around this is to provide a
       | program that doesn't distribute Flash at all, but allows the user
       | to either modify the Flash installer or binary, or modify the
       | system post-install, to achieve what the original project
       | achieved.
        
         | flatiron wrote:
         | Wouldn't be too hard to extract the files out of the installer
         | and install it yourself with a companion program and just hot
         | link the installer. No clue why they didn't just do that.
        
       | pkstn wrote:
       | https://github.com/open-source-flash/open-source-flash/
        
       | particulars02 wrote:
       | Why do we want to keep Flash alive?
        
         | jjj123 wrote:
         | There's a lot of original content (animations and games mostly)
         | that only lives in .swf format. It would be nice to keep flash
         | around if just for archival purposes.
        
         | rzzzt wrote:
         | So that Ferry Halim's Orisinal page does not have to show this
         | message instead of presenting you with wonderful games:
         | https://www.ferryhalim.com/orisinal/
        
         | eric__cartman wrote:
         | Maybe you want to play/watch the thousands of Flash
         | games/animations that exist? Use legacy software that depends
         | on Flash?
         | 
         | I agree that it's an insecure piece of crap that shouldn't be
         | used in any modern system, but that doesn't mean that everyone
         | should be restricted from trying to use old software that
         | depends on it, as long as they asume the security risks of
         | doing so.
        
         | klyrs wrote:
         | Strong Bad. Probably Badger Badger Badger and some games, but
         | mostly Strong Bad.
        
           | iKnowKungFoo wrote:
           | Strong Bad lives on YouTube now.
           | https://www.youtube.com/user/homestarrunnerdotcom/featured
        
             | squeaky-clean wrote:
             | There's no interactive elements on YouTube though. I'm sure
             | 99% of viewers don't really care, but it's not entirely the
             | same.
        
             | [deleted]
        
         | sam0x17 wrote:
         | It's more about the precedent set by the ease with which large
         | companies can issue takedowns like this. Eliminating that
         | ability is the issue at hand.
        
         | idonotknowwhy wrote:
         | Same reason we have SNES emulators, or the MiSTer fpga project
        
       | Shadonototra wrote:
       | they should have open sourced everything.. adobe keep making bad
       | decisions, no wonder they are slowly decaying
        
         | skinnymuch wrote:
         | Obviously the decay effects on finances aren't seen for a
         | while. However Adobe is currently around a top 25-30 company in
         | the US by market cap. Their profits and revenue are enormous
         | nowadays.
         | 
         | The decay is glacial at best right now.
        
       | p1mrx wrote:
       | Oh good, they're not going after https://ruffle.rs/ -- that
       | project is a much better idea than repackaging old Adobe
       | binaries.
        
         | TravisHusky wrote:
         | That looks like a sweet project. I'm happy to see web assembly
         | being used in it too. I'll have to add it my long list of
         | things I want to get around to tinkering with.
        
           | db48x wrote:
           | https://archive.org/details/flash_badger
        
         | heavyset_go wrote:
         | They're actually up-to-date Adobe binaries as the article says
         | that Adobe's Chinese Flash subsidiary still maintains Flash and
         | releases security updates for it each month.
         | 
         | > _The Chinese version of Flash receives one security update
         | per month and can be freely downloaded from Flash.cn but also
         | has significant strings attached. It comes preinstalled with an
         | adware program called Flash Helper which, according to security
         | sources, exhibits malicious behavior. Developed by 'darktohka'
         | and previously located on Github, Clean Flash Installer solves
         | these problems and more._
         | 
         | > _"Clean Flash Installer installs this up-to-date freely
         | available version of Flash, but it comes WITHOUT the adware
         | program," darktohka informs TorrentFreak._
        
           | Causality1 wrote:
           | I will never understand the perversion of walling off
           | security updates behind paywalls or geographic walls.
        
             | zeruch wrote:
             | ...depending on your legal department, it might be to ward
             | off out of geo liabilities or expectations of support
             | (whether actual or simply perceived).
        
               | chuckee wrote:
               | I've never heard of a company being held liable for
               | releasing even a paid product with defective security,
               | let alone a free one. They're not even held liable for
               | deliberately including spyware [1]! That any lawyer would
               | believe a company would be held liable for releasing an
               | imperfect security patch is beyond absurd, and nothing
               | more than a convenient excuse for abusive practices.
               | 
               | [1] https://arstechnica.com/information-
               | technology/2013/11/lg-sm...
        
         | maverwa wrote:
         | thats what I was thinking as well when I read the title. Good
         | to hear its not about ruffle.
        
           | Animats wrote:
           | Yes.
           | 
           | Is there a non-Adobe authoring tool for Flash that's still
           | around?
        
       | grishka wrote:
       | One thing I can't understand is why Adobe is so insistent on
       | keeping Flash really actually dead by saying it's "unsupported"
       | yet still keeping the sources to themselves. If they aren't
       | gaining anything from it anyway, why can't they just open-source
       | it? I mean they won't lose anything either by doing that, right?
       | The community would fix all the bugs eventually. Probably quicker
       | and better than Adobe, too.
        
         | mensetmanusman wrote:
         | Usually stems from lack of leadership. Different legal arms not
         | knowing what the mission of the company is, etc.
        
         | nightfly wrote:
         | Flash player is dead. Flash is still used for animation though,
         | so they are still making money off it.
        
           | codetrotter wrote:
           | Correct. It now goes by the name Adobe Animate.
           | 
           | https://en.wikipedia.org/wiki/Adobe_Animate
           | 
           | https://www.adobe.com/products/animate.html
        
         | rsj_hn wrote:
         | My guess is that to Adobe, "flash" was a set of authoring tools
         | (developer IDE and bespoke language) and a runtime that allows
         | execution in the browser.
         | 
         | Adobe, as a company, sells authoring tools. It doesn't make
         | money building runtimes and then giving them away. Even the
         | money from licensing runtimes (Air) is insignificant. The
         | runtime was just a necessary overhead due to inconsistent and
         | poor native rendering capabilities in the browser - it existed
         | solely to allow the development of powerful authoring tools.
         | 
         | So after browsers improved their native support and announced
         | they are dropping support for the plugin, Adobe migrated to a
         | new version of the authoring tools (Adobe Animate) that can
         | compile to the legacy flash player runtime if needed, but also
         | to html/js, or svg, or other targets.
         | 
         | They still want to sell more of the authoring tools. They don't
         | particularly care about flash, and are probably happy to be rid
         | of it.
         | 
         | What they don't want is someone else taking control over the
         | runtime and then building rival authoring tools for it, opening
         | it up to other authoring tools, or creating any kind of rival
         | authoring eco-system.
         | 
         | It's like if you give away razors to sell your own blades, and
         | then you come up with razor 2.0, you still don't want people
         | taking the razor 1.0 and keeping it alive by selling their own
         | blades for it, or even giving away their own blades for it, as
         | then you would be in competition with yourself.
         | 
         | Whether these business concerns are justified or not, or
         | whether our IP laws are too extreme, is a separate question.
         | These aren't simple questions.
        
         | kstrauser wrote:
         | They may not be legally able to. It's likely that Flash
         | includes some 3rd party code that they've licensed under
         | commercial terms from other vendors and which they can't
         | release.
        
           | [deleted]
        
         | kvark wrote:
         | Doesn't give them anything. Even adds some risks that people
         | sue them for copyright infringement. E.g. from using GPL
         | projects.
        
           | grishka wrote:
           | > E.g. from using GPL projects.
           | 
           | Interesting -- I just checked the standalone flash player I
           | still have (and use sometimes), the "about" window doesn't
           | list any free software. So either they aren't using any,
           | or... But I find it unlikely that a company with this many
           | lawyers would not read every letter of the license of every
           | library they include in any of their projects.
        
             | georgemcbay wrote:
             | I've worked with the Flash Player source code in the far
             | off past (I worked for a company called Chumby which
             | licensed Adobe's Flash Player to power apps running in a
             | device similar to the modern Amazon Dash Look) and while
             | you would see things in that codebase that make your head
             | spin, improper use of GPL libraries was not one of them.
        
         | cylon13 wrote:
         | As someone who got into game development by making Flash games
         | as a kid, I would love to see Flash open sourced. I don't think
         | it's necessarily true to say they have nothing to lose by open-
         | sourcing it though. Who knows how many private shared libraries
         | are in there that are still required by other still-active
         | Adobe software. And they're also probably not excited to give
         | up rights to a massive pile of code which they could
         | conceivably want to use in future projects.
         | 
         | In other words Flash likely isn't some isolated directory they
         | can just zip and share to the world, and even if it is they
         | might want to pick the bones later so why throw it away? (from
         | their perspective)
        
           | grishka wrote:
           | Can relate. Flash literally changed my life. I wouldn't have
           | been the person I am without it. And my career path would've
           | definitely been _very_ different. I wouldn 't have known most
           | of my friends without those VKontakte Flash apps, because the
           | connections to most of the people I know right now can be
           | traced back to someone from that Flash app developer
           | community.
           | 
           | I'm somewhat hopeful that Ruffle will somehow drive its
           | resurgence. Older versions of Flash (the authoring software)
           | aren't that hard to find, and maybe in due time someone would
           | even build an open-source reimplementation of that, too. The
           | SWF format itself definitely won't ever be dead by any means.
        
         | slimsag wrote:
         | Flash being dead, and yet many enterprises still relying on it,
         | opens the opportunity for Adobe to sell a pricey contract that
         | allows an enterprise servicing company to provide Flash
         | support.
        
           | cgarvis wrote:
           | Just looked into this with CheerpX. You need the CheerpX
           | license (15k/yr) and Flash license (25-50k/yr).
        
         | cronix wrote:
         | > I mean they won't lose anything either by doing that, right?
         | 
         | Not directly, but if someone were to use some of that code that
         | a company put significant resources into developing, in a
         | product that made someone else money, most companies would
         | probably have a hard time mentally justifying that.
        
           | thayne wrote:
           | So license it as GPL, so that someone else would also have to
           | make their source code public.
        
       | notananthem wrote:
       | Flash isn't and wasn't secure and keeping any part of it alive is
       | a huge liability.
        
         | josefx wrote:
         | Still waiting for the day JavaScript isn't one of the top
         | Pwn2Own contenders. The idea that there is any part of the web
         | stack that isn't a Swiss cheese of security issues would be
         | funny if reality wasn't so depressing.
        
       | brutal_chaos_ wrote:
       | I read elsewhere in these comments that Adobe keeps Flash alive
       | in China. If this is true and Adobe doesn't want China to take
       | over Flash (Re: China & ARM), they won't open source it and
       | they'll keep clones down/DMCA requests going to keep business
       | with China. Just my 2C/.
        
         | heavyset_go wrote:
         | Lack of open source licenses haven't stopped Chinese government
         | or industries from stealing IP in the past.
        
       | aasasd wrote:
       | Sounds exactly like those frivolous complaints that afaik are
       | prohibited by DMCA.
        
         | DoctorOW wrote:
         | How so? This is identical to piracy. Taking IP one doesn't own,
         | stripping it of it's ability to make money (removing ads), and
         | redistributing it without permission.
         | 
         | Copyright infringement can get complex but this is one of the
         | simple cases. Was the software under protection? Yes. Did the
         | redistributor have permission? No.
        
           | aasasd wrote:
           | Did you read the article?
        
       | bitwize wrote:
       | I thought they were going after Ruffle. I was all ready to be
       | outraged and -- nope, if he's illegally redistributing the binary
       | that's a legit action. If he distributed a patchkit, maybe that
       | would technically be on the right side of copyright law (at least
       | in the USA), but Adobe would still probably cry havoc and let
       | slip the dogs of lawfare.
        
       | seanieb wrote:
       | "Secure"... not a chance. Flash was a tyre fire and even Adobe
       | would say so. They did their best with massive resources, and
       | still couldn't claim it was secure. Please please please don't
       | claim this project is secure. It isn't.
        
         | bbarnett wrote:
         | Adobe may have had massive resources, but either they are
         | incompetent, or didn't spend any time on flash.
         | 
         | Multiple times, single devs working solo, wrote full flash
         | interpreters over a few month.
         | 
         | Adobe just doesn't know what they're doing. Look how they
         | cratered cold fusion too.
         | 
         | They also had a security / license daemon, lmgrd. What a joke,
         | used MAC addresses for license issuance, was buggy, could be
         | defeated with a simple ifconfig command.
        
           | speedybird wrote:
           | Adobe is competent in some regards, but seemingly not in
           | others. Flash was riddled with bugs and vulnerabilities, so
           | in this regard Adobe seems incompetent, or lazy at best. But
           | the flip side to this coin is the reason flash became so
           | popular; artists and designers saw in it a tool that
           | scratched their itch well, not knowing or caring about the
           | technical shortcomings. In this particular regard, making
           | software that designers and artists like to use, Adobe seems
           | to have a track record of competence.
        
             | grishka wrote:
             | Flash wasn't their own technology. They got it by acquiring
             | Macromedia.
        
               | paavohtl wrote:
               | And Macromedia acquired it from FutureWave:
               | https://en.wikipedia.org/wiki/Adobe_Flash#FutureWave
        
           | hnzix wrote:
           | _> or didn 't spend any time on flash_
           | 
           | This is the same company that assigned a whopping 0.5 FTE to
           | porting the Director plugin from OS9 to OSX, which
           | subsequently took years and killed the platform.
           | 
           | I would not make the assumption that Flash development was
           | well resourced. Which is a shame because despite the bad rep
           | it was an amazing tool for creatives.
        
       | ofrzeta wrote:
       | I am still running an outdated version of the flash plugin shared
       | library plugin that I downloaded and installed manually because I
       | need it to handle some tasks for a specific client. Maybe one day
       | I will have a monopoly and become really rich.
        
       | short12 wrote:
       | Good job adobe. Flash and everything related to it simply needs
       | to die off
        
       | jdlyga wrote:
       | When people say to not rely too much on proprietary software,
       | this is why. "Oh, flash will be around forever! There's nothing
       | to worry about". Same could be said about so many other things.
        
       | rmason wrote:
       | What's even stranger is that there is an open source project
       | under Apache for Flex. One that even has not only the blessing of
       | Adobe but the support of the company. Their answer has been write
       | an app in Flex and get in compiled to JS. No need for Flash!
       | Several developers using it happily in the Lansing area.
       | 
       | http://flex.apache.org/
        
       | Aissen wrote:
       | This is the company that blocked Ninite from having automated
       | Flash installs, so... more of the same from Adobe ?
        
       | phendrenad2 wrote:
       | > alive, secure, and adware free
       | 
       | But not open-source. Follow the rules, people.
        
       | jimbob45 wrote:
       | Is it not still possible to run an outdated browser version with
       | Flash installed in a container? Don't get me wrong, that's a
       | hassle but at least it's not lights out for Flash for these
       | people.
        
         | johnebgd wrote:
         | Why stop there? You could virtualize an outdated operating
         | system with an outdated browser.
        
           | cardosof wrote:
           | You can buy old hardware and have the whole vintage web
           | experience!
        
             | EamonnMR wrote:
             | With great difficulty now, due to pervasive HTTPS
        
               | denton-scratch wrote:
               | Ooh, I don't think I've ever visited a Flash site with
               | HTTPS.
        
               | remexre wrote:
               | I'm now imagining an old beige-box desktop with a
               | Raspberry Pi acting as a de-HTTPS proxy... with more
               | compute power than the desktop
        
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