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EnderWiggnz was one of the people who wrote to us about some interesting quotes from Jim Allchin, main Windows guy at Microsoft. Essentially he argues that Open Source undermines intellectual property (which is true) but that it also stifles innovation and he "...can't imagine something that could be worse then this for the software business and intellectual-property business." My favorite quote:"I'm an American, I believe in the American Way,'' he said. ''I worry if the government encourages open source, and I don't think we've done enough education of policy makers to understand the threat." Wow. I know - let's blame Canada! That seems a logical next step!

Steve writes: "CNET News.com reports that the FBI has changed the name of Carnivore to DCS1000. The DCS stands for 'Digital Collection System.' According to the article, 'A spokesman for the FBI denied that the name change stemmed from worries that the name Carnivore made the system sound like a predatory device made to invade people's privacy. But the Illinois Institute of Technology, which last fall issued an analysis of the system at the request of the Justice Department, recommended that the name be changed for just that reason, according to an IIT analyst.' The article does not say which of the IITRI recommendations were incorporated other than the name change." The FDA requires prominent, nominally truthful labels on food, but apparently not all TLA agencies feel quite the same way. I thought "Carnivore" was a beautiful flash of truth in labelling, so this move is a shame.

Many people have sent in the breaking news from C|Net that the Appeals Court handling the Napster case wants to have the Napster injunction modified. The court website is throughly bogged, but the quick and dirty analysis is that Napster can continue to operate. Update by J : I've listed a couple of mirrors below if you can't get through to the court's site. I have some more comments below; the court's flat-out statement that "Napster users do not engage in fair use" is of special interest.

Mirrors:

• http://eon.law.harvard.edu/~wseltzer/napster.html
• http://www.politechbot.com/docs/napster.021201.html
• http://lvalue.com/nap.html

As Michael Sims points out, these 22 words are probably the most important portion of the ruling; everything else is technical details and window-dressing:

"...the record supports the district court's conclusion that Napster users do not engage in fair use of the copyrighted materials. We agree."

That doesn't look good for those who want to swap copyrighted music peer-to-peer. That same comment could probably apply to Gnutella users, for example. Brace for impact.

Moving on to the case of Napster specifically and what will happen in the immediate future...

The court found that the injunction is simply too broad in its current form, but bounced the case back to the district court with instructions, essentially, on how to do an injunction properly.

They were quite clear that an injunction should be issued to stop Napster:

The district court correctly recognized that a preliminary injunction against Napster's participation in copyright infringement is not only warranted but required.

But then went on to explain why the current injunction must be limited to the extent that Napster fails to comply with Metallica-style "here is the list of bad files" warnings. Only in such a situation can an injunction stand:

We believe, however, that the scope of the injunction needs modification in light of our opinion. Specifically, we reiterate that contributory liability may potentially be imposed only to the extent that Napster: (1) receives reasonable knowledge of specific infringing files with copyrighted musical compositions and sound recordings; (2) knows or should know that such files are available on the Napster system; and (3) fails to act to prevent viral distribution of the works. ... The mere existence of the Napster system, absent actual notice and Napster's demonstrated failure to remove the offending material, is insufficient to impose contributory liability.

I'm not quite sure how this could be enforced. Obviously, anyone can rename any MP3 "metallica-master-of-puppets.mp3" and Napster is not capable of acting to prevent distribution of same. What Napster can do is kick users off the system who have been shown to be pirates. And since they have shown their willingness to comply in the past, I'm not sure whether the court will ever find that Napster will "fail to act."

Finally, there was this simple comment:

Napster may be vicariously liable when it fails to affirmatively use its ability to patrol its system and preclude access to potentially infringing files listed in its search index.

fdiskne1 wrote to us with the news from C|Net concerning out litigious 'lil buddy RAMBUS ^[?] who's got the SDRAM patent in Court right now. Because, hey, if what you are making sucks, why not go out and sue everything that moves? Excuse my editorial feeling on this, but it seems like everytime I see Rambus in the news, it's not for a new technology, it's because they are suing someone. Erg. Now I'm cranky. Time for more coffee. Anyway, the article is the pretrial highlights of the Micron/Hitachi vs. Rambus suit. Interestingly, although Rambus is supposed to win, if they lose, they lose all the royality money. And if you read the article, there's some more trouble brewing for Rambus.

Two nuggets from the FBI today - this: "Freedom of speech apparently doesn't apply to some topics. Take cute animals, for example. If it had been BonsaiSloth.com, we probably wouldn't seeing this." And this: "It seems that the FBI is changing Carnivore's name to "DCS1000" apparently because it 'made the system sound like a predatory device made to invade people's privacy'. I'm sure a snide remark about "truth in advertising" fits here."

Covad is in the news this week for unplugging ISPs who didn't pay their bills. Covad, in a partly helpful, partly self-serving gesture, has attempted to get disconnected customers hooked up with other ISPs using Covad's service. Oddly enough, the submissions seem to blame Covad - it looks to me like the ISP was the one to blame, taking subscriber payments but not paying off Covad. Covad's financial situation is best described as precarious, with one-third of all its DSL customers not paying - Covad's trying to throw off the dead-weight. So what's the deal with CLEC ^[?] 's these days? Is there any hope of survival against the incumbent phone companies who will do anything to squash competition?

An anonymous reader wrote in to tell us that News.com is reporting that Symantec has a patent for updating their virus definitions incrementally. Symantec has recently informed their competitors of this fact. According to the article, Trend Micro fears not, because they have their own "technology."

ATKeiper writes: "One year after the DDoS attacks against major Web sites, C|Net reports that there are still 'no strong defenses deployed' against such attacks. The only person so far accused by prosecutors is Canadian teen hacker mafiaboy, whose trial starts in a month. Was it a forgettable stunt? A much-needed wake-up call for insecure e-commerce sites? Lame script kiddies giving hackers a bad name?"

rakeshagrawal writes: "This article reports that Sonicblue is buying ReplayTV. It's an interesting step in Sonicblue's transformation. They have quite an array of media devices/software items ranging from audio products, web tablets, home networking and now video. And as for ReplayTV and the PVR industry it means that TiVo may may have even less competition now ... WebNoize has another very interesting article on the acquisition and SonicBlue's overall strategy, but it's a subscriber-only thing :(" (Quick note to WebNoize -- wouldn't you like more people to read this?)

TJ6581 writes "C|Net news has an article up about Intel's new competitor(s) to the Crusoe Processor. Apparently the new chip uses half a watt of power and did not require a major re-design. Also mentions in the article that IBM will be using this processor in the notebook originally designed for Transmeta's processor." Update: 01/30 06:48 PM by H : This is the update to the story I posted last October - Intel has come through.

subbiecho writes: "Automotive related e-biz software company, The Cobalt Group, has spoken out against unions forming within their ranks, in this article. Cobalt Group CEO, John Holt sent an un-prompted e-mail to workers, alluding to Amazon.Com and other companies undergoing organizing drives, saying he preferred a "direct dialogue" with employees. This adds more fuel to the fire of pro-union supporters in their attempt to build a cohesive technology workers union."

subbiecho writes: "Automotive related e-biz software company, The Cobalt Group, has spoken out against unions forming within their ranks, in this article. Cobalt Group CEO, John Holt sent an un-prompted e-mail to workers, alluding to Amazon.Com and other companies undergoing organizing drives, saying he preferred a "direct dialogue" with employees. This adds more fuel to the fire of pro-union supporters in their attempt to build a cohesive technology workers union."

innertruth writes "Cnet has an article about FTC dropping its probe into DoubleClick privacy practices. Without the FCC looking over their sholder now we have to wonder what they really will do with all the information they've collected online and that offline database they now have." The FTC's letter ending their investigation has more information. Keep in mind that the FTC has a very narrow mandate: "Is Doubleclick doing something different than what they say?" So as long as Doubleclick states their practices accurately - whether they are or are not linking the household information from Abacus with the click information from Doubleclick's network - then the FTC's role is ended.

BoomMike writes "While the popular media drools over eWEEK magazine's contrived Open Hack Challenge, which offers modest cash prizes for cracking a carefully arranged network, real geeks can compete in the Honeynet Project's new Forensic Challenge, and pick up the trail of a hacker who cracked one of the project's Linux-based honeypots last November. Mount the file system images and pour through the IDS logs to figure out the who, what, where, when, why and how of the attack, and you can win a book. SecurityFocus has the story." In a much related vein to the Honeynet crack RH6.2/7 there's a story on C|Net concerning the "worm" that's a new popular exploit set with the script kiddies on RH 6/7 servers.

BoomMike writes "While the popular media drools over eWEEK magazine's contrived Open Hack Challenge, which offers modest cash prizes for cracking a carefully arranged network, real geeks can compete in the Honeynet Project's new Forensic Challenge, and pick up the trail of a hacker who cracked one of the project's Linux-based honeypots last November. Mount the file system images and pour through the IDS logs to figure out the who, what, where, when, why and how of the attack, and you can win a book. SecurityFocus has the story." In a much related vein to the Honeynet crack RH6.2/7 there's a story on C|Net concerning the "worm" that's a new popular exploit set with the script kiddies on RH 6/7 servers.

JimRay writes "According to this C|Net article, the DivX program will soon be open source. NOTE, this is not Circuit City's failed out DVD rental plan, but a set of programs for lossy compression of digital video. Is this the mp3 for video or what?" DivX is based on MPG4 - and contrary to earlier submissions, Project Mayo has stated they own all copyrights to the code - it is not a knocked off version of Microsoft's MPG4.Update: 01/17 02:52 PM by H :Thanks to paradigm from Mayo for sending this update/correction: "This is a release of our codebase as it stands now, we have cvs, mailing lists, bug tracking, everything set up. We are working towards our current goal of releasing Divx ;-) Deux which will, of course, rock. This code works, but we are making it better. We are developing this code still, not just throwing it to the open source world for the hype, we just thought others would want in...all of our developers are on the mailing lists and activly post in our forums."

JimRay writes "According to this C|Net article, the DivX program will soon be open source. NOTE, this is not Circuit City's failed out DVD rental plan, but a set of programs for lossy compression of digital video. Is this the mp3 for video or what?" DivX is based on MPG4 - and contrary to earlier submissions, Project Mayo has stated they own all copyrights to the code - it is not a knocked off version of Microsoft's MPG4.Update: 01/17 02:52 PM by H :Thanks to paradigm from Mayo for sending this update/correction: "This is a release of our codebase as it stands now, we have cvs, mailing lists, bug tracking, everything set up. We are working towards our current goal of releasing Divx ;-) Deux which will, of course, rock. This code works, but we are making it better. We are developing this code still, not just throwing it to the open source world for the hype, we just thought others would want in...all of our developers are on the mailing lists and activly post in our forums."

7card writes: "ok i was just doing my morning surfing and i found this article, which may be of some interest. It looks like the world has another club of security experts with the goal of security through obscurity. some of the members include Microsoft, Oracle, and Cisco." Reader Junin points to this CNET story as well.

A reader writes "This isn't a rumor anymore. A Linuxcare spokesperson confirmed that talks are underway." So, the earlier posting is correct - Turbolinux would be acquiring LinuxCare in a pretty standard stock for stock transfer.

Masem writes "According to this CNET article, an interesting case is working it's way through the courts. A pilot for Hawaiian Airlines had set up a private web site, sufficiently secured for only those that he wanted to allow access to (in this case, coworkers), on which he reported gripes and complaints about the company. The airline used a fellow pilot's name and information to gain access to the site at least 20 times to find out what he was doing (though the article does not say if the pilot had been punished in anyway). The pilot's lawyers argued that secured communication that the web site provided was considered to be the same level as phone calls, and thus the activities of the airline were akin to wiretapping. The initial judical decision rejected this arguement, but a federal circuit court reversed it and found in favor of the pilot. It's unknown where this will go, but this decision could set several favorable precidents regarding private communications on the net."

adpowers writes: "You can find a picture and description of the Xbox at the press release from Microsoft." There's also shoots from Gamespy, news from C|Net, and a report from Reuters - and lastly, a report from MSNBC.

MasterOfDisaster writes "c|net reports "that in a crackdown on spam, America Online is suing a company that owns and operates pornographic Web sites, accusing it of sending junk e-mail to AOL members." My favorite part is the comment from the accused, "We do not knowingly profit from unsolicited e-mail." Ah, blessed ignorance.

Mark Imbriaco (and company!) writes: "This story at News.com talks about how AMD is working with Transmeta to ship developers systems using the processor instructions from their upcoming Sledgehammer chip -- apparently Transmeta is working on a version of their code-morphing software that supports this instruction set. In return they seem to be getting a license to make chips using parts of the Sledgehammer design. If it's true, it's a pretty cool step for Transmeta since their other products to date have gotten a mostly lukewarm response over the past couple of months."

shadowlight1 writes: "This CNet article discusses a complete virtual classroom environment under development over the 'net. It would be especially geared towards the developmentally disabled." The venture this story focuses on is called K12 -- and it's for profit. (You may be surprized by it's spokesman / backer here.) The story also touches on other online education efforts, though, some of which blend well with what homeschoolers have been doing for many years.

curtS writes "Cnet has a piece about industry reaction to Amazon's now offering used books. A copy of the Authors Guild letter to Jeff Bezos is here." I've got a discussion piece from tytso as well below - what do you think about it?

tytso writes:

In my opinion there are plenty of subjects for which Bezos deserves to be berated, including overly agressive accounting tactics, and their one-click patent. But selling used books?

The Authors Guild's argument is that authors don't get any compensation if someone purchases a used book; only the seller and Amazon.com make out on the transaction. So when amazon.com makes it easier for consumers to buy and sell used books which could also be purchased new --- at a more expensive price, of course --- it hurts the authors. The Authors Guild and the Association of American Publishers would prefer that Amazon.com only allow their users to sell used books if they are out-of-print books.

Well, excuuuuuuuse me! I can understand that authors need to eat, and send their kids off to college, and all those good things. But if a book wasn't good enough for me to want to keep it, why shouldn't I be able to sell it? Using the same logic, the Authors Guild should logically be against public libraries. After all, people who use libraries can (oh horrors!) read a new book without having to pay for it!

This really goes to show the fundamental tension between content providers and consumers. If you take the Authors Guild position to its extreme, you'd think that they would much prefer that bookreaders purchase books from bookstores, and if they didn't like it, that they throw it into a landfill rather than resell it or give it away, or lend it to a friend. After all, all of these activities compete with new book sales. Fortunately for us, the doctrine that the owner of a book is allowed to do all of these things is fairly strongly encoded into law --- which is why all the President of the Authors Guild can do to write a whiny letter to Bezos asking him to please don't do this.

And thus we see the danger of the positions espoused by the Software Publisher's Association, and UCITA. Not only do they wish to take away our rights about what we can and can't do with software --- including rights which common sense would dictate are perfectly permissible in the case of the physical world, such as selling or loaning a book to a friend --- but their actions have emboldened folks such as the Authors Guild and the Association of American Publishers to try to take away rights which we always have had in the physical world. After all, if the software vendors can restrict what you can do their software, why shouldn't a book publisher be able to restrict what you can do with their books?

Fortunately, most book publishers don't have as much money to throw around as Disney, so they probably won't be able to purchase enough Senators to change copyright law to suit their purposes. But when thought patterns of the SPA have started infecting traditional book authors --- who really should know better --- it's obvious that we're living in dangerous times."

curtS writes "Cnet has a piece about industry reaction to Amazon's now offering used books. A copy of the Authors Guild letter to Jeff Bezos is here." I've got a discussion piece from tytso as well below - what do you think about it?

tytso writes:

In my opinion there are plenty of subjects for which Bezos deserves to be berated, including overly agressive accounting tactics, and their one-click patent. But selling used books?

The Authors Guild's argument is that authors don't get any compensation if someone purchases a used book; only the seller and Amazon.com make out on the transaction. So when amazon.com makes it easier for consumers to buy and sell used books which could also be purchased new --- at a more expensive price, of course --- it hurts the authors. The Authors Guild and the Association of American Publishers would prefer that Amazon.com only allow their users to sell used books if they are out-of-print books.

Well, excuuuuuuuse me! I can understand that authors need to eat, and send their kids off to college, and all those good things. But if a book wasn't good enough for me to want to keep it, why shouldn't I be able to sell it? Using the same logic, the Authors Guild should logically be against public libraries. After all, people who use libraries can (oh horrors!) read a new book without having to pay for it!

This really goes to show the fundamental tension between content providers and consumers. If you take the Authors Guild position to its extreme, you'd think that they would much prefer that bookreaders purchase books from bookstores, and if they didn't like it, that they throw it into a landfill rather than resell it or give it away, or lend it to a friend. After all, all of these activities compete with new book sales. Fortunately for us, the doctrine that the owner of a book is allowed to do all of these things is fairly strongly encoded into law --- which is why all the President of the Authors Guild can do to write a whiny letter to Bezos asking him to please don't do this.

And thus we see the danger of the positions espoused by the Software Publisher's Association, and UCITA. Not only do they wish to take away our rights about what we can and can't do with software --- including rights which common sense would dictate are perfectly permissible in the case of the physical world, such as selling or loaning a book to a friend --- but their actions have emboldened folks such as the Authors Guild and the Association of American Publishers to try to take away rights which we always have had in the physical world. After all, if the software vendors can restrict what you can do their software, why shouldn't a book publisher be able to restrict what you can do with their books?

Fortunately, most book publishers don't have as much money to throw around as Disney, so they probably won't be able to purchase enough Senators to change copyright law to suit their purposes. But when thought patterns of the SPA have started infecting traditional book authors --- who really should know better --- it's obvious that we're living in dangerous times."

def con Cyber writes: "Is that idea so obvious it shouldn't be patentable? This is an interesting story where NetZero is suing Juno over its ability to "pop up external advertising windows". " Check out the update (Thanks to Dan Kaminksy) regarding the suit that Juno had filed against NetZero to start this whole thing off.

def con Cyber writes: "Is that idea so obvious it shouldn't be patentable? This is an interesting story where NetZero is suing Juno over its ability to "pop up external advertising windows". " Check out the update (Thanks to Dan Kaminksy) regarding the suit that Juno had filed against NetZero to start this whole thing off.

Several readers submitted the news from CNET's story regarding the Serial ATA 1.0 Draft Released. Looks like the replacement for IDE is getting closer - a peak transfer rate of 150 MBs per second is nice to have under the hood.

News for those in the (large?) corner of the giant Venn diagram we all inhabit blessed with both a noticable social consience and computer skills, as well as the time to devote to some travel abroad; Good news for everyone whose number travels with them; a tad more on background of the 3dfx merger; and what appears to be the unraveling of eToys. All below, in tonight's Slashback.

The few, the proud, the advententurous, the dorky. Elvis Maximus writes: "Geekcorps has been mentioned here before and met with some interest. Their first batch of volunteers are winding up their tours in Ghana, and the Industry Standard has run a nice piece on their experiences. This is an interesting effort that deserves some attention."

Congratulations (and admiration) to those who participated in this. GeekCorps is good stuff.

Remember, saliva causes stomach cancer ... ByteHog points to this AP story about the alleged connection between cell phone use and cancer, writing: "Kinda interesting, but I'm still going to be wearing tinfoil around my head whenever I make a call ..."

This issue has been raised for years, with no clear winner. The upshot from this study is a data point for the null hypothesis, but inevitably this will drag on, and the next study to become famous will probably be one that contradicts this. Don your tin-foil, kneepads and breathing masks, until fatality is cured.

Resistance is futile, for now. Fervent writes: "Gamecenter has an interesting article on why 3DFX collapsed. Among the reason cited: the proprietary API Glide, not allowing OEM's to sell Voodoo hardware, and NVidia's agressive product cycle." This makes an intersting followup to the recent announcement of the absorption of 3dfx by NVidia.

Play, play, play, and be gone with ye! Greyfox writes: "According to USA Today Etoys is putting itself up for sale. It's the standard dot com failure story. It'd be delicious irony if the folks running the Etoy domain they sued a while back bought their domain name." DarkKnight points to this link at CNETas well.

miester writes: "Sun has recently announced that it will take advantage of Eazel's Nautilus software. The article also mentions that Dell has invested in Eazel and will be shipping all Dell Linux workstations with Nautilus as well." The Nautilus previews have been slick and pretty -- you can tell that the Mac folks involved haven't lost their touch. And more hardware vendors installing a nice Open Source file manager can only be good for users.

AxsDeny writes "The motion picture industry's effort to ban computer code that subverts its DVD encryption scheme has suffered a setback in California, with the state's high court issuing an order that could see many of the defendants dropped from the closely watched case." Basically they may have to drop non Californians from the case, which happens to be almost all of them.

cthugha writes: "It seems that the anti-DeCSS case in California has suffered a setback, with the California Supreme Court questioning why one of the defendants who is not a California resident should be part of the case. Since 18 of the 21 defendants in the case are not residents of California, this looks like the beginning of the end for most of them. Even so, this seems to be only a minor legal hurdle; what's to stop the relevant bad guys from filing suit in the defendants' respective states? C|NET article here." This is exactly right, but the flip side is that it's probably too much hassle to go after everyone individually in their own state or country.

HumpBackB wrote us about the lawsuit that ISP Media3 has filed against MAPS and its Realtime Blackhole List. The RBL, despite blocking only 2% of spam, is widely seen as an effective tool against mail abuse. I'm going to risk life and limb, and say that it has become, instead, just another censorware tool. Here's why.

Media3 has had six of its ClassCs added to the RBL: one in June, and five in November. These 1500 IP numbers are now cut off entirely from the rest of the Internet for any Internet provider who subscribes to the RBL (more on this later).

But making these 1500 IP numbers vanish from the net -- which is exactly what happens for any provider who subscribes to the RBL -- does not stop any spam from getting through. They are not blocked because those servers are sending unsolicited email, or any kind of e-mail for that matter.

Media3's service agreement is more-or-less the same as all responsible, anti-spam providers:

"M3 does not permit the transmission of unsolicited e-mail... Subsequent violations will result in suspension and/or termination of the account without refund of service fees..."

And MAPS does not even allege that a single piece of spam has been sent from any of these 1500 IP numbers. As their press release says:

"Media3 refused to require their Web-hosting customers to stop advertising their Web sites by using unsolicited commercial email..."

Even this fact is in dispute. I spoke with Joe Hayes at Media3, and he told me that the company does not tolerate Web sites which promote themselves through spam.

You can check the RBL evidence file yourself. When a MAPS representative spoke with Joe back in June, he told him that he needed to, not tighten up his sendmail rules, but "terminate the Samco [Web] sites and rewrite his AUP to prohibit the hosting of spamware."

Spamware? Yes. Media3 does host Web sites which sell software that sends bulk e-mail and harvests e-mail addresses. Take a look at MarketingMasters.com. Their IP number is 209.211.253.74, which is in the Media3 ClassC which was blocked in June. You can look them up on the RBL at http://mail-abuse.org/cgi-bin/ lookup?209.211.253.74.

Again, the blocking of that IP number, their Web site, does not stop a single piece of spam from being sent or received. What it does do is punish the folks at MarketingMasters, whose Web site can't be seen by RBL subscribers.

The problem is that MAPS has put every 209.211.253.x IP number on their list. For example, if you look up 209.211.253.169, you'll see exactly the same message and same rationale.

And 209.211.253.169 is not a spam Web site. It's otherwise known as Peacefire.org, a group of young people who are advocates of free speech rights for teenagers, and -- irony alert -- longtime opponents of censorware.

In fact, if you visit their Web site you'll see many reports about how censorware blocks the good as well as the bad. Their latest, "Amnesty Intercepted," shows that sites like Amnesty International Israel and the American Kurdish Information Network are blacklisted as pornographic by overzealous censorware.

Kind of like Peacefire -- and over a thousand other sites -- are blacklisted by MAPS.

Let's be clear about what censorware does. It does not by itself block content. It "only" rates that content as unacceptable for viewing, and it is up to someone -- your parents? your teacher? your ISP? -- to apply its rules to prevent you from seeing that content.

I don't like spam any more than the next person. But I also don't like censorship, and I take a content-neutral view of these things. If someone delivers a product to be used by Alice to block Bob from seeing website because she doesn't like its content, that product is censorware.

And if that product capriciously, unfairly, and deliberately blocks innocent Web sites, then it's not very good censorware.

In this case, the "bad" Web site sells software which could be used to spam. Frankly, compared to Nazi propaganda or bomb-making instructions, it's pretty tame. But that's not important. Standing up for speech I agree with is easy, everybody does it. If you want freedom, you have to stand up for speech you disagree with.

At least with programs like CyberPatrol, SurfWatch, and Net Nanny, when overblocking mistakes are pointed out, they are corrected. But as MAPS admits in its press release and evidence files, the intent here is not to block the actual Web sites (after all, people who want to buy the software will find a way to buy it).

No, the intent is to get the ISP in question to play ball. The fact that a thousand innocent Web sites are censored is, as far as I can tell, irrelevant.

I don't see much difference between this and any other censorware. One difference is that few other censorware packages are actually free. Another is that fewer are so obviously wielding their power as a retaliatory weapon.

And, there's also the fact that the RBL is used by a backbone provider, AboveNet, whose CTO also happens to be a co-founder of MAPS. Peacefire had no idea that it was being censored until it heard from confused would-be readers. At least with traditional censorware, if your connection to a website is blocked, you have some idea of why. Peacefire's readers naturally had no idea whether their packets were traveling over AboveNet's network, and only knew that their connections were being rejected.

(I contacted Paul Vixie to ask about AboveNet and how it uses the RBL, but he refused comment, sending me to AboveNet PR, who didn't get back to me by deadline time.)

Vixie claimed in 1998 that "MAPS volunteers always contact the owner of a site before it's blacklisted." I'm guessing none of the 1,500 blocked Web sites were contacted.

But then, MAPS also advises Web providers:

"If you host Web sites, we suggest that you use one IP per domain so that if spam occurs for one Web site, we don't have to blackhole you or your other customers to block access to the spamming site."

That's exactly what Media3 does -- and exactly what MAPS did.

Oh, and one more difference. The RBL is more successful than any other censorware package. According to Upside, 20,000 companies that control 40% of all e-mail accounts (and, quite possibly, Web sites); that's up from what ZDNet said in 1998, 2000 ISPs that control 30% of Internet destinations.

I can't find much to argue with in Joe Hayes's summary:

"They [MAPS] are blocking very good educational sites, nonprofit organizations, in their attempts to get us to adopt their definitions in their entirety. They've made no bones about hurting people and while Media3 maintains a policy of not allowing unsolicited e-mails, we do not see completely eye-to-eye on MAPS's definitions because they become very encompassing and very broad. While they have a good tool, and I commend them for their efforts to contain e-mail abuse, they're a good thing gone bad and they have basically become the abuser."

And here's a heavily abridged list of the sites that cannot be accessed via AboveNet, or any of the other providers who use the RBL -- just a few of the sites on just one blacklisted ClassC:

• FulfilledLives.com, "the place for women and girls," about spirituality and relationships.
• DesktopHeaven.com, Windows themes, screensavers, wallpaper.
• TownOfCary.org, the official website for the town of Cary, North Carolina.
• StudioZito.com, yet another Web site-designer.
• Crossalizer.de, a music site which points out (in German) that it's a victim of an anti-spam initiative, and thus has moved to Crossalizer.com.
• StrikeMore.com, bowling tips and schedules.
• NewTechWellness.com: "The total balance of wholeness and wellness within the areas of Mind, Body, Family, Society, and Finances in our lives is our goal," OK, whatever.
• ElaineCoffman.com and DianaPalmer.com -- both are authors of romance novels.
  And finally,
• CraftersCommunity.com. "If you are looking for a fun and easy recipe to do with the kids, try these deliciously simple Winter Cookie Pops."

Update, something like an hour later: If you're planning to e-mail me or post a comment saying I don't know what I'm talking about because the RBL only blocks mail traffic, please take a moment to read this 1997 interview. Excerpt:

SunWorld: How do you defend your policy of Blackholing Web services that host spammers' Web sites -- even if the spam itself isn't going through their service?

Vixie: This is the most controversial thing we do because it's censorship of something that isn't spam. It's me saying to some Web provider, because you are renting space to this person [a spammer] who is doing something completely legal, I am going to Blackhole your butt.

For more on the Border Gateway Protocol implementation of the RBL, see this page (thanks to jeffg for the link); for a description of how it drops all packets to blackholed sites, see this message.

Also, Bennett Haselton of Peacefire reports, at 10:58 PM EST:

I just telnetted in to www.peacefire.org and was able to do "ping www.above.net" and "ping home.cnet.com" and "ping www.infoworld.com" despite the fact that that traceroute on all of these sites shows that they are hooked up via above.net.

Peacefire's IP address is still on the RBL, so it looks like AboveNet has, for the time being, temporarily stopped blocking their users from accessing sites on the RBL.

This means that either:
(1) AboveNet has realized the errors of their ways, and is trying to correct them.
(2) AboveNet is trying to cover up the fact that they ever censored their users' Internet access, and they are temporarily opening up the gateway so that people on AboveNet will be able to access Peacefire and will think it is all a hoax.

zonker writes "This article at C|Net says the army is going to try an embedded version of Linux to use on portable vehicle diagnosis devices. Red Hat got the contract. Here is an article at Red Hat's site." Not a huge deal fiscally, but this is one of the areas where Linux is probably going to grow the most - hence companies like Lineo and others like them.

SeattleDave writes "CNET's News.com is carrying a story about Palm's new OS, version 4.0. To quote their article: "The new version 4.0 of the Palm OS, which chief executive Carl Yankowski detailed at the PalmSource developer conference here, supports 16-bit color, Bluetooth wireless connectivity, universal serial bus (USB) connections for easier PC synchronization, and support for wireless telephony." Read the original article as well. "

Vengeance writes "Check out this excellent BusinessWeek story about Google's business strategy and how it can survive without selling out to banner ads. The best line in the article: Google saves money by using Linux :)" Here's a second story about Google's Toolbar Plugin and privacy concerns that it raises (course in this case, it looks like it blatantly tells you what its doing, so if it bothers you, you at least can't claim ignorance. And it doesn't look like a big deal either). It raises an eyebrow, but not my red flag.

SubtleNuance writes "A recent Cnet Article details the privacy concerns raised by Google's new browser Plug-In. Google's browser addon will "tell us what site you're visiting which it does by sending us the URL.". The site makes its intentions more clear than most by stating "you may be sending information about the sites you visit to Google" in its click through agreement during install. This type of software (broswer-search-plugin) isn't exactly in high use amongst the /. im sure, but what does this say about the leading technology companies on the Web - and the compromise associated with profit making in the dot-com era." Sounds to me like Google is making a good effort with what is inherently a privacy-invading product.

3.1415926535 writes: "In this article on C|Net, Thompson Multimedia's vice president of new business Henri Linde openly threatens the Vorbis project. The quote is, 'We doubt very much that they are not using Fraunhofer and Thomson intellectual property. We think it is likely they are infringing.'" Considering Ogg Vorbis is GPL, you'd think they'd already know.

3.1415926535 writes: "In this article on C|Net, Thompson Multimedia's vice president of new business Henri Linde openly threatens the Vorbis project. The quote is, 'We doubt very much that they are not using Fraunhofer and Thomson intellectual property. We think it is likely they are infringing.'" Considering Ogg Vorbis is GPL, you'd think they'd already know.

penguinradio writes "News.com is reporting that the Copyright office is going to require webcasters to pay fees for the songs they choose to play over the net. This has been a grey area of law for some time, but now it seems that this decision will move the case into the courts (where both sides were hesitant to enter for fear of losing the case)." Basically, this means that radio stations have to be pay an additional fee to broadcast over the Internet, as well as their current payment for "on-air" broadcasting.

pfignaux writes: "From Steve Fox's CNET Insider, 'The world's first Internet-ready digital camera, a 3.34-megapixel model with a built-in Web browser ... You can also use the camera to send and receive images, movies, text, and voice memos via e-mail, and you can fax images directly from the camera as soon as you've taken them.' I seem to remember something like this in the movie, Until the End of the World, where Solveig Dommartin sends Sam Neil a video snapshot." Well, this probably must be qualified as the first (any counterarguments?) digital still camera with a built-in browser, but the Sony Vaio GT1 looks pretty Internet ready to me;)

One krow (and a flock of others) wrote with this news: "According to this article, AltaVista is ceasing to provide e-mail (stranding a million users who use the service). So what does it say that a company the size of AltaVista calls it quits with a service like e-mail?" One thing is sure: old e-mail addresses, like old physical addresses, are a pain to reconcile with everyone who wants to send you (flowers / letters / bills). Update 0819 US EST by Roblimo: As a number of readers have pointed out, Altavista is terminating its free (ad-supported) ISP service, not its email service. If you have an Altavista email account, relax. We regret the error.

Tavern alerts us to this CNET story which indicates that AT&T will soon offer GSM service to U.S. customers, noting "Maybe US companies are figuring out it's time not to compete in infrastructure, but to compete in services." The article also mentions the investment of Japanese wireless giant DoCoMo into AT&T's wireless service; you may recall that they're the creators of the finger-in-ear phone mentioned a few months back. I got to demo this phone in October, and I hope they speed up the development -- it was fun to say "Hi, Mom. I'm talking with my finger in my ear!"

King_B writes "news.com has an article in which Sun's COO Ed Zander addresses the competition. One point to note is his prophecy concerning the eventual fragmentation of linux into non-compatible vendor-specific linuces. " Doesn't really say anything new, but nothing else seems to be happening today *grin*. People have been preaching about fragmenting Linux for years but it hasn't happened. And even if it did, I somehow doubt it would matter all that much. But it still gives COOs something to talk about I guess.

Chibi writes "IBM has taken a step in what many would consider the right direction, as they have created a new position of 'Chief Privacy Officer.' They are looking at the position to be more policy-focused than technology-focused, and have appointed a lawyer to the postion."

heytal writes: "Cnet has an article about lawsuits filed against advertising companies for allegedly tracking customers without their permission." We're going to see a lot more of this in the future.

heytal writes: "Cnet has an article about lawsuits filed against advertising companies for allegedly tracking customers without their permission." We're going to see a lot more of this in the future.

NineNine writes "CNet just posted this story likening Silicon Valley both to a religion and to the Middle Ages. " Personally I find the valley to be a catch 22: the food is great, but the culture leaves a bad taste in my mouth. Case in point: the slides before the movie are all want ads for tech jobs for pre-IPO companies. Dozens of them. Everything revolves around it. I'm not having a hard time at all staying in the middle of michigan (despite all the snow we got today!)

cswiii writes: "According to C/NET, Beijing has blocked international corporations from registering Chinese-character domain names.... including, of course, Verisign's NSI division. What will be the outcome of this one?"