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'Battling Censorware'

Lawrence Lessig has written a short and sweet essay, Battling Censorware , explaining why the DMCA allows Mattel to claim the rights to CPHack. He hits the nail on the head. I found myself reading this sentence over and over: "code that cracks a protection device is criminal under the DMCA even if the use of the copyrighted material that the code enables would be fair use."

253 comments

  1. It's called a "free market", you troll! by Anonymous Coward · · Score: 1
    They have lost money from your actions, which is the equivalent of stealing.

    Hey! You left off the "Trolling for Corporate Rights!" tag on your post!

    Suppose Consumer Reports tells me that XYZ Motor Company makes a car that gets 7 MPG and is in the repair shop every two weeks. So I decide not to buy an XYZ model car. Has Consumer Reports stolen from XYZ? I don't think so!

    Suppose Peacefire.org tells me that a certain censorware product censors all the sites that criticize them with all the censor tags they've got (violence, racism, drug use ...). So I decide not to buy that censorware product.

    Suppose my favorite diet magazine publishes the calories and grams of fat and sugar in a McDonald's Big Mac and Coke. So I choose not to buy any more Big Macs or Coke. That's my right. I'm a customer. I get to choose what I buy and other people get to talk about the products before I buy them. That includes competitors, magazines, rating services that I pay for, and anyone else who wants to offer facts or express an opinion.

    Mattel has no God-given right to the money in my wallet.

    You would have a case if the anti-censorware people were telling lies about someone else's product. Go ahead, point out the lies. I'll point out that Mattel lies about the content of PeaceFire.org -- they say it contains violent content -- in a deliberate effort to stop people from visiting there. There's your restraint of trade.

  2. Re:I think there's a simple technical solution by David+Greene · · Score: 1
    Sort of like Apple's old HyperCard HyperScript?

    "get the answer; put it into the variable," indeed. :)

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  3. Re:Here we go again by Eccles · · Score: 1

    Yet another story about "Your Rights Online" which, translated into /. speak, is "My Right To Not Pay For Anything", which admittedly isn' quite as snappy.

    How the frell does cphack allow anyone to steal anything?

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    Ooh, a sarcasm detector. Oh, that's a real useful invention.
  4. Renunciation of your right to free speech? by Colin+Smith · · Score: 1

    It seems to me that the law is designed to make it very easy for big organisations to remove a customers rights.

    Simply, they encrypt it and you have no right to know anything about it.

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  5. Get the religious right involved by Colin+Smith · · Score: 1

    The right wing religious fundamentalists that are so prevalent in the USA are almost universally highly militant (christian, jewish, muslim etc).

    I suggest that someone explain to them how many of the sites being blocked are religious.

    I suspect that they will be very interested to know that they are being put in the same categories as the 'pornographers' and 'fascists'.

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    Deleted
  6. Re:Paradigm Shear by Mr.+Neutron · · Score: 1
    Exactly what do you mean by "The Belt?"

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    dinner: it's what's for beer
  7. Re:Lessig for Supreme Court! by unitron · · Score: 1

    First we elect Judge Jackson to the Presidency, and then he can appoint him.

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    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  8. Hmm. Does this mean by pyxl · · Score: 1

    that the act of passing the DMCA violates the DMCA itself as it now conflicts with the GPL in this particular instance? Legislatures are trafficking in an instrument that damages a copyrighted material protection method....

    Makes perfect sense to me...

    Damn, I do love law sometimes. It's like math, but only word problems. :)

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    Given enough hydrogen, just about anything is possible.
  9. Re:I think there's a simple technical solution by demo · · Score: 1

    This has been made allready, but I can't seem to find the URL right now...

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  10. Re:DeCSS & CPHack aren't illegal until October! by grahamm · · Score: 1

    Is CPHack a device for circumventing a copyright protection system? The site list is encrypted, but I don't think that this encryption is a copyright protection system. Surely the reason it is encrypted is to stop anyone from altering the list,

  11. Re:Just like the movies. by Virgil · · Score: 1
    Anybody remember what movies were like in the 50's? A few easily offended people decided they didn't want anybody to see anything naughty at the picture show, and so the movie industry had to put up with a couple of decades of official censorship by people whose self-appointed duty was protecting the morals of our innocent children. Let's hope it takes them a little less than 20 years to realize they're making the same mistake ..

    And is it any better now? Sure, more things get through but do you really think that what you are watching at the theater is the full vision of what the director had in his mind? Nope, the movie is cut and modified until it can get a rating low enough to be put on the shelfs at Blockbuster.

  12. Re:Is the government also restricted by DMCA? by zenray · · Score: 1

    OK, I'll byte and say of course not, but I don't know the legal justification. Whould the goverment also be blocked if the viewing software was released with a license 'for personal private use only, no cort, law enforcement, or any goverment agent may use this software' restriction?

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    zenray
  13. Election in November, election in November (Quimby by ajm · · Score: 1

    One way to do something apart from whine would be to find out where the candidates you can choose between in November stand on the DMCA. Then make it clear to them that their stand will affect your vote. There are many positions up for election, not just president. Here is an opportunity to at least try to do something about stupid laws by telling the people who passed them that they won't be in a position to do it much longer.

    After all, that's how they got prohibition enforced in Springfield. (not a good example, nor is Sideshow Bob's landslide victory)

  14. Re:Return your barbie dolls by Kris_J · · Score: 1

    Send them back in bits. Just an arm with a note saying that if they don't do X then a leg is next, etc...

  15. Re:Does this have effect outside America? by Kris_J · · Score: 1
    a country like Taiwan which could quite happily tell the US to "get lost".
    Come to Australia. Since the US didn't bother to help in East Timor (because there's no oil) we've been practicing the above quite a lot.
  16. Get thee behind me, troll by TrentC · · Score: 1

    DeCSS is extremely bad because it is so insidiously criminal - as evidenced by the foaming at the mouth /. open source zealots and their mindless rampage to crush anyone who dares claim so.

    Failure of logic, part one: "This is illegal because people I don't agree with attack me when I say so."

    DeCSS, which would have made any long-haired Linux "guru" able to watch DVDs,

    Failure of logic, part two: The ad hominem attack.

    did not have a license and as such would have lost those companies a lot of money. Hence, it was stealing. Get it?

    Failure of logic, part three: "Loss of revenue equals stealing".

    Better go back to troll school and learn to do it right.

    Jay (=

  17. Re:Your analogy is false by TrentC · · Score: 1

    In the capitalist economy that we are supposedly living under, then market forces alone are sufficient to enable both consumers to purchase quality products and for corporations to have the freedom to innovate and grow.

    What the hell do you think "market forces" consist of? A good part of it is consumer feedback -- both to the supplier of a product and other consumers.

    Jay (=

  18. Nice. by smileyy · · Score: 1

    Wow...that was a sweet essay. Gives me hope that the DMCA will eventually be emasculated by First Amendment rights.

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    pooptruck
  19. Re:Not the sharpest tack in the corkboard, are ya? by Samrobb · · Score: 1

    Please note that none of his examples of "extreme fair use" included rebroadcasting, claiming the work as his own, etc. Dan's point is that where the legal definition of "fair use" used to be essentially "you may do what you wish with this, as long as you do not infringe upon the rights of the copyright holder, the DMCA has essentially twisted fair use to mean "you may do what you wish with this, as long as the copyright holder decides it is fair use."

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    "Great men are not always wise: neither do the aged understand judgement." Job 32:9
  20. Hmmmm, very interesting. by jabber · · Score: 1

    Forget the kiddie-porn...

    Encrypt DeCSS.

    Steganographically embed the resulting cipher in a pretty picture of Tux.

    Copyright (copyleft) the image.

    Distribute freely.

    All of us 'criminals' will probably go un-noticed. After all, it's impossible to prosecute the whole internet (right MPAA?).

    But should the government, or a highly visible entity such as the MPAA get the code, see the code, complain about the code...

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    -- What you do today will cost you a day of your life.
  21. Re:You Own What You Buy by Sloppy · · Score: 1

    No one can argue that copying cds to MP3 and distributing them is legal.

    How about copying CDs to MP3 and not distributing them? (e.g. Your CDs sit in a cardboard box in your basement at home, while you listen to MP3s in your car.) Is that legal?

    Pre-DMCA, it was clearly legal. Even if they had scrambled the CD and try to require a special descrambling player, it was still legal to copy your CDs to MP3s so that you could listen to them in your car. But DMCA changed that. It caused legal activity to become illegal.


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    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  22. Re:Why oh Why??? by Sloppy · · Score: 1

    Why did they not say to Mattel (and the world), fuck you -- you're in another country with a different justice system.

    A couple possible reasons come to mind. This is just a half-assed guess, but that's never stopped anyone...

    1. One of the justifications for passing DMCA was that it brought USA into line with some kind of WTO guidelines. This implies that other countries might have laws that are similar to DMCA? (Funny, no one has mentioned this yet.) Perhaps there's a Swedish equivalent to DMCA? (I am wildly speculating.)
    2. 2. Oh, and remember what happend to Jon Johansen? He was arrested in Norway. USA corporate interests have shown themselves to have a long arm. Whether it makes sense or not, it happened and the cpHack programmers know that it happened. Fear.
    3. They had already accomplished their objectives. CyberPatrol's reputation has been permanently damaged, and most of the media exposure was a direct result of Mattel's lawsuit. The programmers had little reason not to cave in and give Mattel a hollow victory, because in the end, the cpHack programmers were the real winners.

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    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  23. Re:AI by pilot · · Score: 1
    All the censorware really has to do is read through each page and look at each picture before putting it on screen to figure out whether it is porn or not. It takes some skill to know the difference between an artistic nude and a XXX pix

    No two human beings can agree on what's artistic and whats porn. The word "offensive" is a very personal word. Different people find different things offensive.....its a matter of culture, upbringing, and taste. This is why these kinds of software will _always_ be a poor replacement for the parent who wishes to shield his children.

    afaik, us coders don't have artistic talents of any kind. getting them to program an artistic recognition ai is a waste of time. The last time people tried to be artistic, we ended up with the "paperclip" ;-)

    pilot

  24. Re:What happened to the people? by sharkey · · Score: 1

    But, according to our government, the press and many outspoken lobbyists, that was a different time. Things are different now. Freedom of speech, the right to keep and bear arms, the right to not have the miltary house its soldiers in your home, protection against unreasonable search and seizure, etc. are all outmoded concepts which have no bearing on the modern world.

    Basically, according to the Clinton administration, its adjutants and affiliates and the mainstream media, if Washington and his colleagues has been provided with microwaves and minivans, it would have been wrong to want individual rights as granted to all people by God.

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    "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  25. Re:Try this sentence by Kaa · · Score: 1

    That would be considered unlawful seizure of your property

    Remember, you don't buy beer -- you rent it :-)


    Kaa

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    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  26. Re:You Own What You Buy by Kaa · · Score: 1

    Might I introduce you to a word - tangible

    Thank you. I am honored.

    That's because the law is reality, even if you can't see it.

    Obviously, it all depends on the definition of "reality" which really depends on the context in which it was used. The original usage was in a context of something like "the reality is that people believe they own software/music/etc that they bought, so legal attempt to do it differently will fail". My point was that this reality is just a perception and as such could be easily changed. Maybe you still want to call it a reality, I don't care much.

    Here's where you go wrong. You don't need a license to use a program any more than you need a license to read a book.

    You are confused. You don't need a license to real a book, provided you bought the book. When you buy software, you enter into a contract with the seller. This contract specifies what you got (basically, a set of rights). It so happens that most everybody is selling software in such a way that the set of rights that you are buying is a license to use and not much more.

    You are making a point that a contract is enforceable only if a court agrees to enforce it and that's a problem with click-wrap sales contracts. Maybe. We don't know. But that's still the contract under which you are buying (buying, not using) software.

    No more illegal than buy a book and reading it

    Again you are confusing the act of using something and the act of buying something. The analogy, in your terms, is not to reading a book, but to buying a book.

    Your slamming the other guy over his correct usage of the word 'rights'

    Next time I'll put in [sarcasm] tags. But are you sure it was me? I don't remember slamming anybody in this thread about the correct usage of the "rights" word. I was pointing out that when selling/licensing stuff it is impossible to give more rights than you have, but that's not really about the correct usage of the word...


    Kaa

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    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  27. Re:Try this sentence by Kaa · · Score: 1

    Where does it say that in the law? The anti-circumvention portion, which I quoted from, specifically says that it is not illegal to circumvent protection measures,

    Read more of DMCA. The portion that you are quoting basically says that the Librarian of Congress can designate certain "class of works" and/or certain persons as exempt from DMCA. Whether he will do so and what "class of works" that may be is not clear at all. However, the DMCA itself very clearly prohibits circumvention of protection devices regardless of whether the intended use of the protected material is copyright-infringing or not.

    Kaa

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    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  28. Re:You Own What You Buy by Kaa · · Score: 1

    The commonly perceived reality that you OWN software that you buy IS reality.

    Well, I don't know what's reality to you, but to me reality is something physical. Laws are not reality: they are (agreed to and enforced) rules of interaction between people. They are not reality.

    You currently own the software you buy.

    No, you don't. You get a license to use it.

    Of course, ownership is a complicated thing by itself. "Property" basically means a bunch of rights, and this bunch can look different: it's not a yes or no question. You do get some rights when you buy software, but these rights are less than outright ownership.

    You're also wrong, the GPL imposes no more restrictions that an unlicensed program.

    I'm not comparing GPL to unlicensed use (which is basically illegal, anyway). I am comparing GPL to public domain and, of course, GPL imposed more restrictions than public domain.

    My terms are correct and if you disagree, you're just proving that you're either wrong, or pedantic.

    Ah, I see.

    Kaa

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    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  29. Option to run everything on homepage? by slashkitty · · Score: 1

    God and Rob know I reload the homepage often enough to see every story come in.. It would be nice to just bump everything up to the homepage for us power users!

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    -- these are only opinions and they might not be mine.
  30. Re:THIS IS STUPID!!!! by Vaz · · Score: 1

    Sometimes big money doesn't always work. Look at Microsoft. They have enough dough to buy DOJ out.

  31. Re:DeCSS & CPHack aren't illegal until October! by Aos · · Score: 1

    I'm trying to find answer for that question for some time now, but can't seem to find any posts explaining the legal background for deCSS or CPHack or that Canadian internet-TV broadcaster bowing to US courts. All I see here on Slashdot in past two years are a bunch of geeks asking these same questions, and I have not seen A SINGLE LAWYER posting here. I find it extremely frustrating not being able to find the answers here; while Slashdot posters are generally very logical and are asking really good questions their guesses as to answers to legal stuff are useless - you can't use logic for that.

    I can't see any other explanation than that the US will "ask" the other country to "deliver" that person to them and then put them on trial in the US (they don't care how you got there). US de facto rules the world so there are very few countries that would deny them this "favor". In effect, if you don't live in the US you don't have any right the US person has (namely low taxes and high salaries) but God forbid you actually do something against them. Because their laws still apply to you; you get all the punishment but none of the benefits/protections.
    And if someone thinks I'm trolling (I'm not even sure what a troll is), they better give some real "legal" explanation. There are (8 billion - 300 million) people living outside of US and lots of them are very interested to find out why do the US laws apply to them (or rather only the criminal section).

  32. Re:The Problem is by Dward · · Score: 1

    I've had good results using the VHS example. If you buy a VHS tape you can watch it on any VCR on the planet or even build your own vcr to watch it on. And if you need an archival copy you can make one. But with DVD's you can HAVE a backup copy you just can't legally make one.

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    What do you mean trout doesn't make good underwear?
  33. Re:AI by SEWilco · · Score: 1

    Please tell me what AI can identify these banned items: the statue "David", George Carlin's audio recordings, a lady's ankle, a lady with uncovered face, a murder.

  34. Re:Your analogy is false by SEWilco · · Score: 1

    Actually, cpHack is the opposite of stealing. With cpHack, I can finally buy a copy of CyberPatrol and use those lists to block sites with my Linux box. I couldn't use CyberPatrol with Linux until now. And now I can review the lists and make necessary adjustments.

  35. Big Business vs The Little Guy by Paran · · Score: 1

    It's always been this way. The large corporations run the financially challanged off or into jail. Occasionally the legal dept loses, and it makes the news. The problem is that things like this aren't of any interest to the average joe. If it isn't important to him, why should politicians, pr depts, or any other type of human slime feel that it's important. Unless the lawmakers feel that something will adversely affect their elections, they will always side with the money. It's really quite simple.

    It's easy to sit back and say "If they come knocking on my door, I'll see them in court!", especially when it's not you. If you want to fight the corporations, you need money. Chances are, if you can afford to pay a good lawyer, you're not worried about this sort of thing, because it helps you. I know I wish I could have taken Mattel to court, but when I recieved a copy of the permanent injunction because of my mirror site, I had no choice but to take down the files mentioned in it off the site, now all that remains is the essay. As if I (student) have the money to pay a lawyer, as well as having to go to Massachusetts for the contempt hearings and trial.

    It's a shame that there's really nothing that most of us can actually do. Whatever options we have to fight this, it normally ends up being a fight against institutions that we ourselves funded, via taxes, or multinational corporations with deep pockets. I'm sorry to come off so negative, but lately everything has been sliding faster downhill than before. In order to take a stand in front of this mudslide, we need lawyers, and lots of them. Join the EFF and other such organizations, it's really all the little guy can do.

  36. Re:The Problem is by LocalH · · Score: 1
    • It is difficult for mainstream America to get their mind around this issue! This weekend I went home to visit the folks, & I was trying to explain the problems with the DCMA, & had a VERY hard time getting my point across.
    I agree! Yesterday, I was contacted by my ISP about my CPHack mirror, that they had a court order to remove it. I decided that I would, because the page had served a purpose, 167 visitors with presumably near that amount of downloads. However, I had left home to go to work right before they called, so my mom spoke to them. When I got off work last night, she was worried that I was 'in trouble'. I tried to explain to her that the software was legal, and all she kept saying was "You'll see when you get in trouble!" (this after I had already removed it and put up a small page explaining what happened). I almost yelled at her over it, but I just walked out of the room instead.
    _______
    Scott Jones
    Newscast Director / ABC19 WKPT
    Commodore 64 Democoder
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  37. Trafficing in User Rights by mberkow · · Score: 1

    Lessig makes an interesting point. It seems if a single users decides to crack the protection on Cyber Patrol's black list it would be considered fair use: Nor would it limit (in my view) the right of a user to reverse-engineer a program to discover what sites that the program he has purchased is blocking.

    So what we have here as a law that prevents the a person supporting anothers 1st Ammendment rights. So it is not so much CPHack that Mattel can attack rather the distribution of CPHack. Very scary for ISPs and for those against content filtering.

    The only course of action is to get the law declared unconstitutional. I hope that some one out there has the drive to take it to the supreme court. Otherwise Trafficing in user rights will have a longer jail term then trafficing in drugs!

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    Predestination was doomed from the start.
  38. Re:You Own What You Buy by mberkow · · Score: 1

    Maybe but if you bealive people do that I have a bridge to sell you.

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    Predestination was doomed from the start.
  39. Re:You Own What You Buy by mberkow · · Score: 1

    What you say is true...outside the concepts introduced by the DCMA. If you help or facilitate the breaking of copyright protection, you have violated the DCMA. This is the new idea that everyone is so in an uproar over.

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    Predestination was doomed from the start.
  40. Re:You Own What You Buy by mberkow · · Score: 1

    Are you saying that the copyright holder has no rights??? Stealing cable is theft. The cable company owns the rights to distribute the signal and charge for it. The MPAA (or equivalent agency) owns the rights to distribute many movies and/or songs. We can claim to have rights while denying them theirs.

    We can, however, take up arms when these copyright holders try to defend their rights by stomping over ours.

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    Predestination was doomed from the start.
  41. Re:You Own What You Buy by mberkow · · Score: 1

    Incorrect (IMHO)

    Check out my other post on this article. "Trafficing in User Rights". Personl copying/cracking seems to still be legal it is the aiding an abetting part that has become illegal.

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    Predestination was doomed from the start.
  42. Re:You Own What You Buy by mberkow · · Score: 1

    Ok so what is your point?? No one will argue with you that those are you rights...I certainly have not.
    The argument against the MPAA is that if they try to make replication harder and protect their copyright by destroying MP3, MP3s have many legit uses that would be trampled.

    No one can argue that copying cds to MP3 and distributing them is legal.

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    Predestination was doomed from the start.
  43. So let me get this straight.... by caperry · · Score: 1

    ...you're telling me that my Printer Driver is illegal according to the DMCA because it turns white text on a white background to black text on a white background - thus curcumventing "copy protection"? How the heck can this be legal?!

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    -Carl "No, we already thought of that one. 'Why?' '42' - It doesn't fit." -Hitchhiker'
  44. Re:Try this sentence by messman · · Score: 1
    > Think about some beer in a fridge. You can drink the beer -- no problem, it's legal. However,
    > opening the fridge happens to be illegal. No, nobody is trying to keep you from drinking that
    > beer, no, no, you have full rights to this beer, it's all yours -- you just can't open the fridge.

    That would be considered unlawful seizure of your property, which I think is protected in the US by the 4th Amendment of the Constitution.

    By analogy, it seems that the DMCA might not only violate the 1st amendment, but also the 4th one.

  45. Re:What happened to the people? by CharlieG · · Score: 1
    Just remember this
    The First Amendment enumerates the right to free speech, the SECOND GUARNTEES it!
    Look at the document below - Look at how many of these things apply today - Comments and highlighting mine

    When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

    He has refused his Assent to Laws, the most wholesome and necessary for the public good.

    He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

    He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

    He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

    (Calling Defendents all the way across the country on 1 days notice? See DeCSS suits)

    He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

    He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

    He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

    Immigration laws, anyone

    He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

    He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

    He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

    Look at all the offices of the Feds are out there, and all the Executive Orders, and "Notice of Rules"

    He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

    He has affected to render the Military independent of and superior to the Civil power.

    Gee, the 2nd Amendment doesn't count, because the Army is so strong, how can you fight them?

    He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: UN? WTO? anyone?

    For Quartering large bodies of armed troops among us:

    For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: Congressional hearings on things like WACO?

    For cutting off our Trade with all parts of the world:

    For imposing Taxes on us without our Consent: User Fees like the Universal Internet access fee>

    For depriving us in many cases, of the benefits of Trial by Jury:

    For transporting us beyond Seas to be tried for pretended offences

    For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

    For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: Using the courts to create legislation, instead of the legislator?

    For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. See above

    He has abdicated Government here, by declaring us out of his Protection and waging War against us.

    He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

    He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

    He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

    He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

    In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

    We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

    --
    -- 73 de KG2V For the Children - RKBA! "You are what you do when it counts" - the Masso
  46. Re:Paradigm Shear by mpe · · Score: 1

    Exactly what do you mean by "The Belt?"

    A reference to the novel "revolt and rebirth" maybe.

  47. Re:Your analogy is false by mpe · · Score: 1

    That is no different then looking under the hood of a car you have purchased, finding out that it really has two hamsters running around in it for an engine, and publishing that finding in a magazine like consumer reports.

    Which would not only impact the sales of that model of car (and most likely any other product made by the same company) if the "journalist" was being untruthful then the company has legal redress through laws against "libel". If the statements were true then any resultant legal action would involve the company as defendant

    If a corporation writes shitty or misleading software we have a right to know about it.

    Not only that, surely in such cases it should be the company who finds themselves on the wrong end of a lawsuit.

  48. Re:You Own What You Buy by mpe · · Score: 1

    If I want to sell an album I own, in theory I should be able to convert it to mp3, send the files to whoever seeks to purchase them from me, and then destroy the original physical medium and any cached copies I might have made for myself in the mean time.

    How about if you wanted to make one or more copies? (Maybe on different types of media). So long as you wern't supplying copies to other people (or supplying originals and keeping copies) why should there be a problem?
    It isn't that difficult to distinguish between "fair use" and "piracy".

  49. Re:AI by mpe · · Score: 1

    Censorware is a natural application for artificial intelligence if ever there was one. In fact you cannot have effective Censorware without employing a reasonably mature AI.

    Except that such AI's do not exist outside of Science Fiction. Anyway even if you could product such an AI how do you explain to it what should and shouldn't be censored. Especially when even such things as offensive words is very ethnocentric (especially if political correctness is a factor too.)

  50. Re:Does this have effect outside America? by mpe · · Score: 1

    Does the DMCA have any effect outside the USA? If not, what happens when I release MyCPHack from the UK? How else can I help my American comrades? :)

    Since the program was written by a Canadian and a Swede there are definitly still issues. The best place to do it from would be a country like Taiwan which could quite happily tell the US to "get lost".

  51. Re:You Own What You Buy by mpe · · Score: 1

    If I bought it, it's mine. If I want to sell it, it's mine to sell. If I want break it into little tiny pieces, if I want to put it in the microwave, if I want to worship it as a proclaimation that God himself is going to touch down in a UFO on Main Street at 2:48PM, damnit, I don't need whoever sold it to me's permission to believe in whatever the heck I want to in their product!

    The problem with software is to first remove the "licensing loophole" which is "we've only sold you permission to use it in ways we see fit and at the same time disclaim anything we can get away with disclaiming."
    Also surely you should add "If i want to take it apart and tell other people what I find then I should be allowed to do so." (Tradmarks, patents and normal copyright protect the company from having their product "ripped off". Libel and slander protect them from untrue critisism.)

  52. Re:Here we go again by mpe · · Score: 1

    If I buy a car, I am allowed to look under the hood. If I buy food, I can look what it's made of. If I buy a computer, I can take it apart.

    Not only that you can tell anyone exactly what you find and what you did.

    But in the US I have no rights whatsoever over a prgram that I bought. I can't look under the hood, see what's in it or anything.

    That's because you havn't bought the program, you've bought a licence to use it. What's needed is a law (not even actually a statute an appropriate court ruling) to eliminate this kind of anomoly.

  53. Re:Your analogy is false by mpe · · Score: 1

    If you decrypt the list of target sites from Mattel and publish it, and then even one person is dissuaded from buying that product to protect their children, then in a very real sense you are "stealing" from them. They have lost money from your actions, which is the equivalent of stealing.

    So if a company produces a shoddy product and someone publishes that this is the case then that is "stealing" from the company?
    So companies should not only be allowed to lie, cheat and make false claims about their products the law should protect their ability to do so?
    Shouldn't the law be there to protect customers (and honest companies) from dishonest companies?

  54. Re:Same goes with CSS... by mpe · · Score: 1

    I can see it now. "This software is not licensed for use on non-Intel processors." Then add region coding... "This software is not licensed for use in the UK." Before you know, it'll be illegal to carry laptops on intercontinental flights, because of copyright issues.

    Though what would stop someone having a CP list display program licenced as "not for use by Mattel or any affiliated body".
    Also arround 30 years ago there were books marked "not for sale in the US or Canada".

  55. Re:Your analogy is false by Bruenor · · Score: 1

    That is no different then looking under the hood of a car you have purchased, finding out that it really has two hamsters running around in it for an engine, and publishing that finding in a magazine like consumer reports.

    Would YOU want to mistakenly buy a car that was run by two hamsters because no one told you because they weren't even allowed to open the hood of their own car?

    I know this may sound absurd, but so is your argument :). If a corporation writes shitty or misleading software we have a right to know about it.

  56. Re:You Own What You Buy by aufait · · Score: 1
    And shrinkwrap licenses have never (not once, not even for a second) been found to be valid. The only time there was even a chance was when the company sued a pirate, and based the claim on the shrinkwrap prohibition of piracy, not the statute. This was upheld, but only because the basic action was illegal, not because the shrinkwrap said so. In no other case has a shrinkwrap been uphelp.

    Maybe you shoud reread the ProCD decision. It had nothing to due with piracy. The entire case depended on the 'personal use only' clause in the shrinkwrap license. The Judge found that the clause was enforcable.

    --
    I feel like picking a fight with everyone who thinks they are right. - Rainmakers
  57. American Apathy by CentrX · · Score: 1

    I believe that at least a sizeable part of the problem is that people think that all the "right's groups" will protect them universally and powerfully. This is not always the case. Another part is that people seem to only be able to be worked into a fervor by the media, especially the television newsmedia, which frequently reports on insignificant things, most of which actually do not have any impact on most people. The people that actually are concerned over this thing are frequently dismissed as extremists. Most people think that the government would never do anything to the American people. Even if this were entirely true, the government only has to consistently pass enough small laws that even they see as "the right thing." If rights are consistently eroded away, it might be too late for them to be regained before Something Bad Happens.

    Chris Hagar

    --

    "The price of freedom is eternal vigilance." - Thomas Jefferson
  58. Re:THIS IS STUPID!!!! by CrayDrygu · · Score: 1
    For christ's sake, i thought this was america.

    This is America. And given that fact, why does this news surprise you?

    --

    --
    "I personal[ly] think Unix is "superior" because on LSD it tastes like Blue." -- jbarnett

  59. Why oh Why??? by tilleyrw · · Score: 1

    The programmers are in Sweden.

    Mattel is in America (USA).

    Why did they not say to Mattel (and the world), fuck you -- you're in another country with a different justice system. Nahhnahnah!!!

    Someone please tell me?

    --
    This post encoded with ROT26. If you can read it, you've violated the DMCA. Handcuffs please, sergeant.
  60. Slightly Offtopic . . . by palutke · · Score: 1

    People complain about how unfair the DMCA and UTICA (and I agree with them for the most part), but who'd doing anything about it? Marching and protesting are fine, but not very effective when the other side is spending millions of dollars on lobbyists.

    Since geeks make up a small segment of the population, even if everyone who reads slashdot (and who lives in the US) writes to their representatives, we really don't make up a big chunk of popular opinion. As long as people get their news from CNN, etc . . there won't ever be massive popular support for our causes.

    With all of the IPO millionairres in the tech field, and with geeks in general making pretty good money, why isn't here any organization (with adequate funding) dedicated to lobbying with a pro-geek agenda.

    We can't every match the big boys dollar-for-dollar, but we have to have a presence to make any effective difference.

    --
    'I ain't a liar, baby, and I ain't proud I just want what I'm not allowed.' -- Violent Femmes, 36-24-36
    1. Re:Slightly Offtopic . . . by TheCarp · · Score: 3

      This reminds me of one of those weird little
      moments that I had last summer.

      I was walking through Harvard Square (Cambridge
      MA). I saw a man dressed up vageuly like "Uncle
      Sam" with a big pot and a sign about legalizing
      marijuana.

      I went over and threw a dollar in his pot to
      show my support, then he turned to me and said
      "good but thats not going to help much. If
      you really want to help, save up and buy us
      a Senator or two, thats how you get
      things done"

      --
      "I opened my eyes, and everything went dark again"
  61. Re:Paradigm Shear by ken_i_m · · Score: 1

    Washington D.C. and the area surrounding it.

  62. Re:The problem of not caring... by goldmeer · · Score: 1
    However, a campaign on the basis of "Even when you buy it, it's not yours" could push the button of a lot of people. There is a strong feeling that if you bought something, it's yours to do with anything you please -- and DMCA breaks this.

    Naaah, all you need to do is look at your automobile or house to see that you don't really "own" anything and can do "anything" you please.
    You see, you may "own" an automobile, but you cannot drive it on a public road or highway without proper permission (Driver liscence) and even then, if you do it in a manner that is not prescribed (say going 60mph in a 15mph zone) you may find that you will have the property that you "own" removed from your possession.

    You may "own" your house, but you cannot do "anything" you please while on your land, inside your house. You cannot create certain things (drugs, explosives) inside your own house, on your own land, even if the things that you create are to never be taken off of your property. You may find that property taken from you if you make these types of things.

    You may want to be careful of what you teach the general population regarding freedoms and rights. See Government V. Socrates for a clue. :)

    Does anyone think that the US Federal government would like the likes of the founding fathers of the country, if they were alive and disliking the current form of government, and talking about a revolution? (woah, I got offtopic)

  63. DMCA is an opportunity to create! by velosa · · Score: 1

    The way I see it the DMCA is just making copyleft and other open licenses that much more desirable. It's just speeding up the inevitable. When the restrictions created by DMCA start getting forced down everyone's throat, copylefted material looks better and better. The best response to the DMCA is to stop using content that is protected by it. It worked with shrink wrapped software. How many people out there remember the baroque (broke) copy protection schemes that were popular in the early '80s?

    Even better, create and promote content that isn't created by the large corporations. Download MP3's that were made by people you *don't* hear on the radio and can't find in the local store. Create your own indexes of fame rather than letting the people who are addicted to owning content control that too.

  64. Re:Try this sentence by bwt · · Score: 1

    The prohibition contained in subparagraph (A) [anti-circumvention] shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title...

    Your omission of the rest of the sentence makes this quote seem much stronger than it is. The "..." goes on to say: "as determined under subparagraph(C). "

    The Librarian of Congress, under whom the Copyright Office operates, was given rulemaking powers in (C) to grant exeptions to (A). The legislative history of the DMCA shows that it was very important to Congress to preserve a way to allow fair access to allow fair use. The LOC rulemaking takes affect in Oct. and it will be absolutely critical to the subsequent interpretation of the law. I must disagree with prof. Lessig that the DMCA necessarily bans all cracking, even ones that lead to fair use. He points out that such an interpretation would run afoul of the First Amendment, but there is another interpretation that is much less far-reaching and is compatible with the law.

    This interpretation is based on the fact that the law only bans circumvention of _access_ control measures. A limited defintion of "access" can distinguish "access control" from "use control". Accordingly, some of the members of the Openlaw DVD forum have submitted a reply comment urging the LOC to adopt such a limited definition.

    This idea was first advanced by the original comment of the five leading Library Associations. We hope that the Copyright Office will treat these organizations with the enormous respect and credibility that they obviously deserve.

  65. Mattel... by ColonelNorth · · Score: 1

    Of all the companies to bring this to the forefront... It *had* to be Mattel, the one company I was sure would never sell more than 12 copies of any software... Oh, well. Why couldn't they just stick with Barbie Dolls and leave this internet thingy to the professionals?

    "Some days, you get the bear,
    Some days, the bear gets you."

  66. Re:Don't restrict parenting tools by dbrutus · · Score: 1

    Oh why didn't I think of acting like a parent? How silly of me.

    The point remains, you can't be there all the time, you can't hold their hand throughout their childhood with no time off, and you can't monitor 100% of their surfing without tools to help you do the job. I'm saying that a filtering tool that is transparent, individualized, and much more finely tuned to age could be an important *HELPER* to parents struggling to handle a culture that is often hostile to family virtues.

    That tool has yet to be written and it is certainly not CyberPatrol in its current incarnation. But arguing against a product is one thing, arguing against the product category is entirely different.

    Of course I want to be there as much as possible and I want to teach my child the difference between right and wrong and why visiting some of these sites is a *bad* idea. But to go from there to the idea that this is my only option and that I can't have any tools to help me technologically is just hiding your agenda behind the 'freedom' flag.

    As for the crack about latchkey kids, my parents came to this country with 2 kids and 2 suitcases in order to get out of communism and have a better life for us. They both worked so that we weren't stuck in the S. Bronx and caught up in the gangs as recruits or target practice. Did I miss them while they worked long hours? You bet. But I think it is insulting to them and the millions of others in exactly the same boat to belittle their sacrifices in the way you did. Shame on you.

    DB

  67. Why choose a software maker as censor? by dbrutus · · Score: 1

    Why not just make an open framework for Tipper Gore, the Catholic Church, the Baptists, and anybody else who cares to submit lists of inappropriate sites that should not be seen. Then parents can say, I trust x to manage this job and apply that set of filters on their little tyke's surfing, or even their own if they choose.

    Having a bunch of geeks decide what is morally appropriate is just stupid.

    DB

    1. Re:Why choose a software maker as censor? by Kris_J · · Score: 2
      Two comments, one to your parent poster;
      This isn't a bad idea, except that the censorware still blocks legitimate sites and misses a ton of nasty ones. It really isn't any help if the software blocks 80% of a million porn sites-- there are still 200,000 left for my kids to find.
      We (/., me) don't care if the censorware misses sites, we care if it blocks legitmate ones, especially if it blocks sites based on a hidden agenda.

      That said, the open framework for blocking lists would be cool. It's a trust thing - if I trust my church to dictate the morals of my childern (shudder) then I can use their blocking list. Any moral or social leader, individual or organisation, can publish their own blocking list and people can choose which sets to apply on their computer systems.

      Blocking lists for libraries could be a bit trickier, but it could be part of each local politition's campain - a fairer and more comprehensive filter. Anyone found guilty of violating public trust with hidden agendas would be held accountable at the next elections...

      Separate the programmers and the moral judgements. Cool idea.

  68. Don't restrict parenting tools by dbrutus · · Score: 1

    Saying that I have to be tied to my kid for 18 years in person is as silly as saying that I shouldn't buy a gate for my stairs. After all I should be close enough to personally stop him from falling down the stairs.

    Real life doesn't work like this and if you insist that parents should work like that be prepared to be ignored. We need tools to assist in child rearing. Granted, CyberPatrol is stupid and needs to be completely reworked before I would consider it as a filter but the concept of filters is not in and of itself a bad one. Or do all of you keep slashdot set on -1?

    DB

    1. Re:Don't restrict parenting tools by dbrutus · · Score: 1

      If I can't see what it is filtering, it *is* a bad implementation. No CPHack necessary for that intellectual discovery, just high standards and an unwillingness to be led around by the nose.

      There are very few people who will say things outright on a lot of subjects and I won't bore you with examples because you might think I'm lumping you in with and get offended off point.

      Any technological aid (like my previously mentioned gate on the stairway) can be used by both responsible or irresponsible parents. The worth of the gate or the worth of filtering is independent of the quality of the parent using it.

      Throwing in parent quality and latchkey kids is obfuscation and worse of the real issues of what kind of filtering is ok and how (or whether) we are going to do it.

      DB

    2. Re:Don't restrict parenting tools by SirGeek · · Score: 1
      Yes.. Your child IS your responsibility.. You are their moral guide, their discipliner, their PARENT.. You have to GUIDE them, Nurture them.. And a gate is not the same as censorware.. It is more like having a lock and key on the computer so they can not access it without you "opening" it

      If people care more about having a career than their kids then they should re-think things (My mother was at home ALL my life, my wife works at home - and no.. we have no kids)..

      Way too many kids are being reared on TV and computers instead of by a mother (or mother figure) or father (or father figure) and it shows in society. And a computer program is no substitute for old fashioned parenting

      We have a generation (or 2 ? ) of latchkey kids because both "Mommy" and "Daddy" have to work so they can afford the 2 BMW's or 2 RangeRovers... Or they only have 1 parent and that parent works all the time and is unable to "be there" for the kids.

      More and more kids are in gangs, on drugs, have behavior disorders, etc. and why ? Maybe because the parents are not around as an example of what is good ? Or are kids in general just worse ?

  69. Property seizure by dbrutus · · Score: 1

    Actually, the Republicans have several legislators up in arms over civil forfeiture reform and are spearheading efforts to repeal some of the more egregious practices going on right now

    DB

  70. Re:Roll Your Own! by dbrutus · · Score: 1

    I've been advocating the same for several threads. If the list spec were opened so that each parent could pick your own and every religious or cultural organization that cared to could submit their own lists and individuals picked what ran then most of the problems would go away.

    If I can get startup money for a venture I'm gearing up, I might just do it myself.

    DB

  71. Making it all clear by dbrutus · · Score: 1

    Just ask them if they like the idea of living in a company town, with a company car and a company house. That's where we'll end up w/ the current trend of products like the DVD encryption.

    I personally don't have a problem w/censorware per se but I do have a problem with somebody picking a list that I can't check and can't edit. There's a great IPO opportunity for somebody who would make a child filter that can truly be controlled by parents.

    DB

    1. Re:Making it all clear by Ig0r · · Score: 1

      The problem with your "child filter that can be truely controlled by parents" is that (not all!) the parents who consider censorware necessary don't want to bother with setting anything up, or thinking about whether it's OK to have wrongly blocked sites, they just want something to babysit their kids on the net. If parents would take a more active role in parenting, they wouldn't need companies and organizations telling them what is and isn't decent for their kids to be viewing.
      Also, if kids really want to do/see/read something, they're going to do it.
      (sorry about the rant)

      --

      --
      Soma: because a gramme is better than a damn.
  72. Reverse Engineering is specifically allowed by LindaAthena · · Score: 1

    For purposes of writing compatible programs, reverse engineering of a player program is specifically allowed assuming the user lawfully obtained the program. That DeCSS removes encryption is a necessary step for a player to perform its function. The fact that someone else now provides a player for Linux isn't relevant unless the player is distributed in a form compatible with all current Linux releases and remains so in the future.

    Relevent sections of the DCMA:

    `(f) REVERSE ENGINEERING- (1) Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title.

    `(2) Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.

    `(3) The information acquired through the acts permitted under paragraph (1), and the means permitted under paragraph (2), may be made available to others if the person referred to in paragraph (1) or (2), as the case may be, provides such information or means solely for the purpose of enabling interoperability of an independently created computer program with other programs, and to the extent that doing so does not constitute infringement under this title or violate applicable law other than this section.

    `(4) For purposes of this subsection, the term `interoperability' means the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged.

  73. Illegal to read with un-approved glasses by Tau+Zero · · Score: 1
    I mean, who'd buy books that you could only read wearing the right glasses?
    Funny you should mention that, because I made almost exactly the same point in my reply-comment to the Copyright Office. If you'd like to read the text, it's here.
    --
    --
    Time is Nature's way of keeping everything from happening at once... the bitch.
  74. Re:"Effective" access control by Barney · · Score: 1

    I've wanted to ask a question regarding this for a while. Maybe this forum isn't being read much anymore, and no one will reply, but...

    My reading of the DMCA, regarding copy protection, can be summarized by "If it requires a key, then it's locked. If you get past a lock without using the key, then you broke in." That is, as you quoted, if you normally need something with the authority of the copyright holder to get access, then that's a measure that controls access, and the DMCA makes evading such measures illegal, in general.

    I think, this is not supposed to mean something like the language the work is in, or the means by which it is stored. Most digital media stores the information in 1's and 0's, and I have to apply something to decode it and make it readable (gain access), like a CD player, disk drive, etc. However, these aren't processes or treatments that have anything to do with the copyright owner.

    Specifically mentioned as a technological measure controlling access to a work is encryption.

    My question is: does DVD encoding really fit the general definition? In particular, the DVD decoding that takes place in the DVD player is licensed or something from the MPAA, but they don't hold the copyright to any particular DVD movie. Is their licensing of the decoding stuff "with the authority of the copyright holder?"

    It seems to me that the idea is, if normally I need a key from the copyright holder, then that's a measure controlling access to the work. In this case, I don't really need a key from the copyright holder, I just need a DVD player. The copyright holder didn't give me anything separate from the work to gain access.

    The counterargument, I think, would run like this. I don't know if this is true in fact, so please let me know. The MPAA gives decoding keys to DVD player manufacturers, with the authority of the copyright holder in some way. Effectively, the manufacturers get the key in advance for a multitude of copyrighted materials (the DVDs.) And, the DVD encoding isn't just how the media is stored, since I can change the encoding so that some manufacturers' keys work and some don't.

    My counter-counterargument, which isn't legal and maybe childish, is that the "with the authority of the copyright holder" business ought to require more of the copyright holder themselves. I totally understand copy protection by, say, including a CD key or something, so that you need to use something else you got from the copyright holder (the key) to get to the work. DVD encoding is included in my player, and I don't have to apply anything other than the media itself to get access to it. If I were to make an exact duplicate of the DVD, I could give it to my friend (violating the copyright), and we could both play it. I wouldn't have to copy a key to be typed in, or run a decryption program that came with the DVD, or otherwise apply something from the copyright holder to gain access to the work.

    Anyone with an opinion on any of these points of view, either from a personal feeling standpoint or a "this is how I think the law is meant to be interpreted" way, I'd be interested in hearing it.

  75. Re:Yeah, right by Borealis · · Score: 1

    The movie industry is insanely profitable. They have never had any justification for imposing copy protection schemes, as pirating causes them to lose approximately 1% of what they would otherwise earn.

    And if I buy it, I *should be* allowed to do whatever I want with it within the terms of fair use. Don't make this into a "slashdot users are anarchist" post when all we want is what the law is supposed to give us. The DMCA violates fair use, and that is the beef we have. We are not advocating mass copying SINCE COPYING OF DVDs HAS ALWAYS BEEN POSSIBLE by sampling the output from the DVD player. DeCSS (which I assume is what you're referring to) is a PLAYER, it is not a TOOL OF ANARCHIST PIRATES, since the anarchist pirates have always had the required tools to copy DVDs.

    That they are trying to restrict fair use shows us that they want to force us to buy their players that run on a specific operating system. It's worth noting that in order to play DVDs on a linux system you already must have a hardware DVD player (it's not like you're not buying a player). It's just that since they can't be bothered to support linux, we have to write our own tools to view the movie that we bought on the DVD player that we bought. Yet when we do so, all of a sudden we're accused of copyright violation...

    --
    Unbreakable toys can be used to break other toys.
  76. Re:Yeah, right by Freedent · · Score: 1
    t's really amazing - you folks actually think a production studio is going to put $20 million (and that's SMALL budget!) into making a movie and that buy forking over $9.95 at T-Mart your 'buying' that production to do whatever you want with, heehee.

    See, that's the wonderful thing about a free market, if they're not making a profit out of it, they can either raise the price, reduce their costs, or get out of the business. It's as simple as that.

    Even us commies up here in Canada recognize basic market principles.

  77. Re:DeCSS is stealing of the worst kind by psailor · · Score: 1

    No I don't get it! And I also don't have long hair so I guess I am not a Linux "guru", only a wannabe and therefore all opinions expressed in this rant are just that, opinions, no facts just personal observations and opinions.

    Therefore, since I bought the DVD ROM with a decoder card that supports CSS decryption, I have no right to play my purchased DVD's under any OS that I happen to have running? I can only play it under the OS that the manufacturer intended.

    I think I will go read the CSS licensing that came with my DVD ROM and decoder card and see if it says anything about operating systems. Or maybe, just maybe, I actually have a license to use CSS, if only I could figure out a way to decrypt it using my long-haired hippie operating system!

    Or perhaps I should have purchased those extra licenses for CSS on top of paying for the player, the decoder, and the media. Yeah, that is probably what I really needed to do.

    Anyone know where I can buy a license for CSS so I don't feel bad about purchasing all of the hardware and media just to have it sit in a useless computer.

    Sarcasm aside, I am not going to argue with anyone that a company needs to make money to survive, however, wasn't the hard work that went into CSS licensed to the companies that produced the DVD players and decoders? Since those companies probably stand to make more money from the long-haired Linux "gurus" out there, because they will now buy the players knowing they are not limited to one or two operating systems, how is this insidiously criminal? They are not buying decoders because they now have DeCSS, so that may be losing some money, but they are buying media and players. Ok maybe the money isn't going directly to the people who did all the hard work, but does it ever?

  78. Roll Your Own! by jmorse · · Score: 1

    Here's an idea that's bound to generate some controversy: How about an open-source, fully GPL'ed product that serves the same function as CyberPatrol, but fully reveals every site blocked, and a reason for blocking it? I think the open source community could put out a *much* better product than Mattel.

    --

    "You done taken a wrong turn."
    -Bill McKinney, in Deliverance
  79. One point by Arker · · Score: 1

    Everyone that used it rather than an MPAA approved player costs the MPAA money (liscensing fees).

    Not necessarily true, although they would like you to believe this. For them to be losing money, the people using the unapproved players would have to be people that would otherwise be using a player they have collected their tax on. If the people would otherwise simply not be buying DVDs in the first place, then they are gaining money from the existence of the unauthorised players.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
    1. Re:One point by Kris_J · · Score: 2

      I wonder what will happen when a company places so many restrictions on a product that between the law and what's technically possible there's no way for anyone to legitimately use the product. (Oh, wait, DIVX...)

    2. Re:One point by kwsNI · · Score: 2

      Well, yes and no. You are arguing that by buying the DVDs, they are still profiting from the purchase of the discs and they don't need to profit from the player. I agree with that completely. But what I'm saying is that the MPAA is greedy and wants to profit from both and they will do anything to defend their hold on the DVD market. As long as they can make money off of both, they will do anything they can to do that.

      kwsNI

  80. Re:Try this sentence by ariux · · Score: 1

    In other words, Lessig was wrong, the DMCA does not prohibit fair use.

    No, but it does prohibit it by default for all works, then puts the decisions of whether to re-allow it for specific, limited classes of works in the sole hands of the unelected Librarian of Congress.

    This puts the burden of establishing citizens' rights on the citizens, granting rights only as special exceptions to a policy of restriction of dissemination of information. This is backward; as governments are known as usually too prone to meddle in such matters, the default should be free speech and dissemination of information, and the burden at each step should be on the government to prove a specific and limited restriction meets a compelling public need.

  81. Re:Your analogy is false by else...if · · Score: 1
    And of course their is such a thing as the "Right to make a profit". This is the whole point of capitalism, and without it we would still be stuck in the Dark Ages.

    No no. There is a right to try to make a profit. If you can't (because your product is shoddy, because you don't advertise enough, because you're a bad buisnessperson, or whatever) then the whole point of capitalism is that your business will fail. Capitalism works because consumers have a choice> about what produce to use, and can choose the best one. Then that whole invisible hand thing comes in, and the lesser products are weeded out. It's people who claim a right to profit that lead to many of the corporate restraints we have now; you have a right to fail and a right to try—not a right to profit.

  82. Re:Mattel by RickHunter · · Score: 1

    Evil Thought of the Day: Everyone donate money to the FSF or EFF for the express purpose of buying the Learning Company from Mattel and then using it against them. Yes, I know it wouldn't work well, and neither would be able to get enough money together nor want to by the company, but its still evil, no?
    -RickHunter

  83. THIS IS STUPID!!!! by jaxon6 · · Score: 1

    For christ's sake, i thought this was america. this shit pisses me off.

    --
    Do you see the sig? Do you have it in your sights? Why yes, Miss Moneypenny...
    1. Re:THIS IS STUPID!!!! by TheCarp · · Score: 3

      > For christ's sake, i thought this was america.
      > this shit pisses me off.

      You thought this was america? Well thats what
      you are suposed to think. Big money buys legal
      force. Thats the way things have worked for
      several centuries, all over the globe. Where
      have you been?

      There are basically 2 ways anything gets done in
      a republic like ours.

      1) Someone throws a shitload of money at congress
      and gets themselves what they want (common)
      or
      2) Enough people get together that the people in
      congress realise that if they do not ignore #1 and
      do what these people want, they will not be
      re-elected. (very rare)

      Barring those two, its a crapshoot of mostly
      doubletalk and bullshit to make people think
      they are making a difference.

      As RMS said in his recent interview (no I am not
      a blind RMS follower, I just happen to think he
      hit the nail right on the head) there is a big
      tendancy of people in power to ignore "individual
      rights" unless its the "right to do something
      profitable"

      (if you don't believe this...look at the absolute
      beating that Free Speech has taken in congress the
      past 5 years or so... CDA I, CDAII, Methamphetamin
      Anti-proliferation act, DMCA. The people in power
      are very willing to disregard individual
      freedom if it meets their political agenda.)

      --
      "I opened my eyes, and everything went dark again"
  84. Re:I think there's a simple technical solution by j0nb0y · · Score: 1
    I believe that code is free speech. I believe that anything readable by humans is free speech. The Bill of Rights guarantees free speech. It doesn't say "Congress shall make no law ... abridging the freedom of speech as defined by da da da." It says "Congress shall make no law ... abridging the freedom of speech." Since it doesn't clarify any specific types of speech, we must assume that it means ALL speech.

    Whether I'm babbling incoherently, talking about how to build a nuclear bomb, criticising a company, or coding, these are all speech, and thus congress can't make any laws that prevent these from happenning. Somewhere along the line the supreme court defined "protected speech" and "unprotected speech." At this point, we (as US citizens) lost our right to say that "one plus one equals two" (Orwell, gotta love him), and thus our freedom of speech. Rights? We have rights? Whatever.
    Trust no one.

    "Think for yourself, schmuck." -Robert Anton Wilson

    --
    If you had super powers, would you use them for good, or for awesome?
  85. Re:You Own What You Buy by jurros · · Score: 1

    The problem with this is I agreed to no license when I purchaced my new DVD. I agreed to nothing when I opened my DVD. And I agreed to nothing when I played my DVD. SOMEWHERE I would have to agree to the "license" in order for it to have any affect what-so-ever. If there is a license, I should be able to return an opened DVD because "I did not agree with the license." Try that and see what hapens.

  86. Food for thought by jurros · · Score: 1
    What really scares me is that this Mattel issue is not only against the free speech by the "letter-of-the-law", it is against it in _SPIRIT_, which is often something we overlook as being important. Imagine, for a second, what it is free speech is supposed to protect us Americans from in the first place:

    "So all I have to do is issue an injunction banning the distribution of this 'CPHack' and you will ban all sights that oppose my run for president?"

    I don't see how any one could even THINK of purchasing software that conseals the sites it bans from the consumer. Becides, if it bans them, why is giving out these urls so bad? There blocked, right?
  87. Re:Not the sharpest tack in the corkboard, are ya? by Mzilikazi · · Score: 1
    Speaking of hacking Cryptonomicon...

    I was lucky enough to grab a copy of it from the local library for the whopping sum of fifty cents. Someone had damaged the book (about 200 pages out of the center are detached from the spine, but all the pages are there), so they were nearly giving it away. Now I've got to figure out how to hold it together... I've got access to a drill press, wire binding, and a lot of rubber cement, any suggestions?

    --
    Random Musings at Rum Smuggler
  88. You are dumb by DrSkwid · · Score: 1

    try reading some stuff. The main problem with censorware is the inability for it to achieve it's stated goals so it blocks out non-adult stuff. I want my kids to find porn / drugs / rebellion etc. when it's right for them not for it to be shoved down their throats. I get a bit angry when my 10 year old get's Porn Spam via ICQ or mail or search engines. It juxtaposes against their world and can cause confusion.
    Censorware is used in adult environments too. And on ISP's. Want to find out about abortion. Too bad. Blocked out.

    and it's nothing to do with nation state

    I live in Europe.
    Home of Genocidal Warfare, racial tension, xenophobia, terrorism, overcrowding, thousands of years of ripping the wealth from the people to the state, land clearances, deportation to the colonies ....

    so drop that pathetic anti-US crap because it's pointless. Citizens grab on to what little power they have because they have been systematically dis-enfranchised.
    The state wants to control because at some point they can charge you to circumvent that control. The more things are illegal the more justified they feel when they raid your house and don't find what they were looking for but "wait a minute what's this - links to drug culture, sex sites hey, we got us a live one".
    Ever read 2000AD? When a Judge came into your house he was *bound* to find something illegal because there were so many things in the category and off you went to the cubes.
    The state is just a money making machine so institutionalised that even if you assasinated every head of state the machine will just trundle on.
    They only want you to buy what they can make. Anyone can make porn so it's illegal.
    Simple effective control.

    My advice - see how liberating a shoplifting spree feels. They stole your right to grow food the only way forward is to steal the food back again.
    .oO0Oo.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:You are dumb by luckykaa · · Score: 1

      I get my political information from more conventional sources.

      So do you dismiss every form of literature or just comics? If Animal Farm and Gulliver's travels can be considered social commentary, I don't see why 2000AD can't be.

  89. Thanks 4 the advice by DrSkwid · · Score: 1

    Supporting your argument by referring the reader to comics is not really the right thing to do, you know.,

    Really, why is that then? I illustrated my point about the rule of law with a colourful example from the world of literature. It provides a useful bridge for people between their experience and my point. It also provides a tangent point for the discussion as you have clearly deomonstrated.

    You know, you really sound far too bitter....

    I was a bit annoyed at the posters aguments. I hate all that nation state crap "you Americans are all....." when it's just bullshit. Anyone who's ever been anywhere must surely have come to the conclusion that people are much the same but the ruling institutions they are almost 'stuck' with keep fsking them over. The 'net is still not entirely institutionalised and we can see before us the battles between the people and the bureaucratic machine. The post I was replying to lauded the political systems of Europe as superior to the US. My point was that both had yielded much misery upon it's peoples.

    The best way for people to go (IMHO) is to resist the laws of the machine by just ignoring them. In the UK a jury can find you not guilty if they think the law is bad. That's what a jury is for - not to determine whether you have broken the law but to determine whether you are guilty. That's why a jury should be made up of your peers. Wanna change the law - go break a few ;-)

    I don't hate Europe because, like all the places I have been, it is beautiful. I'm very thankful I don't live in an islamic state like Pakistan at the moment or somewhere else deeply opressed. At least I'm in a minor police state and am blessed with a comparitively luxurious existance where I even have the time to go on like this.


    .oO0Oo.
    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  90. Are you the original AC by DrSkwid · · Score: 1

    It makes it so difficult to enter into discourse.

    try reading some stuff. - I have "read some stuff". thank you.

    Good then you'll be familiar with the issues of censorware blocking out non-depraved material and pages deemed innapropriate because they differ from the opinions of the blocker.

    ... in its godless sex-crazed environment. Have you ever visited Amsterdam?

    Yeah, I loved the place. My girlfriend and I had a weekend of non-stop sex, porn and drugs. And do you know what? That kind of makes me more qualified to talk about censorship because I've had a taste of a kind of freedom. Sex is fantastic and sharing sex with people other than your partner is great fun too. Be that in bed with them or putting up a web page with your bedroom pictures on or posting the contents of your digital camera to alt.sex.fucking.

    I get my political information from more conventional sources.

    Like the bible or maybe it's the Koran for you? Shame you've got a closed mind. If not then you would know that fiction is a great source of political ideas. Ever heard of George Orwell? no maybe not because as a bible type you should know that other books are a sin and that the bible is the only source of knowledge you will ever need.

    Keep off the shellfish

    oh BTW 1.Thou Shalt Not Kill
    Don't forget it doesn't discriminate between humans and other species so get that Chicken McNugett out of your mouth.

    Does anyone know if the ban on Rock and Roll has been lifted yet


    .oO0Oo.
    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  91. Re:DeCSS & CPHack aren't illegal until October! by TheLaser · · Score: 1

    What people are also missing is that DeCSS and CPHack were programed outside the US! How is it that American law would have any jurisdiction outside of US Boarders! Whether or not the DMCA comes into action until October, it still isn't enforcable in Canada or Sweden.

    BUT, the use of the program, or the mirroring, or even the download of it anywhere inside the US is still illegal. Lawyers have a tendancy to ask for everything they could possibly have a cliam to, and are asking for the logs of all the people who downloaded the thing, probably in order to track down more people to target.

  92. Re:Same goes with CSS... by ibm1130 · · Score: 1

    But how much money does the MPAA actually make from the licensing per se? Isn't it more that if CSS decryption must be licensed they can then en- force region codes as part of the licensing. Yes, its still about money but also control. And on the main topic. If some slob encrypts their puke data using some really complicated protocol like oh say "rot13" does decrypting it with oh say pine's "rot13" function violate the law. ( Pine has rot13 doesn't it or am I mistaken ). And what about Lone Ranger decoder rings? Will they be illegal? Come on people, there has to be a way to turn this around so it bites Mattel in the butt.

  93. Re:You Own What You Buy by scott@b · · Score: 1
    Interestingly enough there were movements a decade and more ago that attacked this concept. And them came not from the major corporations, but from artists, mostly non-musicians.

    They had two major drivers. One was :
    A> buys a work of art from nearly unknown artist B, for a small sum.
    Over time B> becomes famous, commanding top $ for their works.
    A sells the artwork they purchased years ago for a large amount of money.
    B demands a percentage of the profits from the sale.

    The second was : A buys a work of art from B.
    A changes that art, painting it, chopping it into bits, whatever.
    B sues A for that action.

    In both cases the arguments is that B retains certain rights to the work of art, in effect the concept expressed there, even if they have some the tangible work and the reproduction rights.

    There have been a number of legal battles over this, I remember several involving the modification of the work that were won by the artist (don't remember if there were appeals).

    I believe that there is a strong similarity between this and software licences and media distributions. Luckly software seems only to go down in value as it ages.

    So the individual artists are fighting for rights that in part overlap with the interests of the big corporations - preventing copying and modification of their products. Luckly the corporations haven't caught onto the "increase in value" idea, when they do that classic car of yours and your inflated value house are going to be financial headaches.

    Anyhow, the concept of "I bought it, I own it" isn't the clearest right now. In part this is due to the change in the amount of effort needed to replicate something, in part to changes in the various societies in the last 3 centuries.

    Now concepts such as Copyleft take on the ownership issue by opening ownership up to all. If more generally useful (to the general public, not just /.ers) creations were released under copyleft, and promoted as "own what you use" Then there might be a change in the way the general population thinks, and eventually a change in the laws.

    Think of the ad campaign - "do you want to just lease something that you can't complain about if it doesn't work, or do you want to own it and hav eaccess to the knowledge of how it works?" While most people don't want to be bothered with understanding how something works, they do get excited about having that something doing things they might not like - browser cookies, Pentium chip ID, Microsoft's document signatures, and so on. People get excited when their tools do things the people don't know about - if it had turned out that Cyber Patrol was blocking a number of Christian Web sites, might not the public reaction (in the US) forced a different outcome ? (remember the '666' in beard and other rumor campaigns that forced major corporations to spend a lot of money). In this case the argument that the consumer needed to know what was being blocked would have been brought to the forefront, and DMCA might have been steamrollered in the letter writing.

    The point is that the argument that "I bought it, I own it" currently is weak when it comes to materials that can be considered "creative works" rather that simple material items. Making open and wholly ownable alternatives available can get around those issues.

  94. You're misinterpreting the "right" to make a proft by Oofnish · · Score: 1

    Yes, under capitalism you have the "right" to make a profit in the sense that you are "allowed" to do so. But, you're not protected from losing that profit due to competition of any kind. If a consumer is informed of the poor list of blocked sites, for instance -no matter who tells them what that list is- they have a right to verify that that information is correct and to use that information to make an informed decision on what they're buying. This is the very reason they put the "Nutrition Facts" and ingredients labels on food products. To inform the consumer of the contents of that product, and allow the consumer to purchase or not purchase that product due to dietary needs and desires. The original argument would be akin to saying that a company could choose not to place the ingredient "strychnine" in their ingredient list because they would probably "loose money". Furthermore, it would prevent chemists from chemically analyzing --breaking the chemical code, in a manner of speaking-- the food to find out what it contains.

    --
    "Its a trick; get an axe." -Ash, Evil Dead II
  95. Book-binding by jjsaul · · Score: 1

    Most large libraries have a quick binding machine to put together a year's worth of periodicals - not pretty, but functional. I used to rebind deteriorating paperbacks that way - the plastic cover has glue down the spine - the machine heats the glue and clamps the pages nice and tight - and there you have it - rebound for about $.10 worth of plastic and glue.... I'm sure a friendly librarian would do it for you.

  96. Not the sharpest tack in the corkboard, are ya? by jjsaul · · Score: 1

    So your argument is that if you buy a copy of Cryptonomicon, it is yours, right, you can copy it, chop it up, edit it, rewrite it, and distribute it w/o reference to Stephenson? Your point reduces the legitimate arguments to absurdity. We are arguing over fair use - it is fair use to play a DVD on a linux system, in my humble opinion. Having people arguing to completely undermine all IP law prevents reasonable incremental change. It is not all or nothing - we need to, with clear heads, make our points and hold the ground we can.

    1. Re:Not the sharpest tack in the corkboard, are ya? by Genom · · Score: 2

      ::shrug::

      If I buy a copy of Cryptonomicon (which I have), I most certainly can chop it up into little bits. I can photocopy a page with a particularly interesting quote, blow it up very large, hilight it, and tape it to my wall. I can "edit" it by writing small notes in the margins with my ballpoint pen. I can consolodate those notes (and only those notes, possibly with select quotations to show context) into a web page, and post them for the world to see. I can review the book and publish my opinions about it anywhere that is willing to print it. If I want to, I can rewrite the story itself, the way I feel it should have been written.

      So far I'm well within my rights as "fair use".

      Now...that "rewrite" I mentioned...I'm pretty sure that without reference to the original work I might have a problem publishing it (IANAL, so I'm not sure exactly what is required for derivitive works).

      Everything else mentioned though, is, was, and should always be "fair use".

      In the case of DeCSS - I'f I've purchased the DVD, and I've purchased a "licensed" player (let's say my Creative Labs DVD drive) - I've already paid my money to the MPAA and the DVD-CCA. I *should* be able to play that DVD in that DVD drive, regardless of the operating system I run. According to the DMCA, evidently in addition to paying for the DVD, and the player, I should also have to pay for the PROGRAM I use to play the DVD (otherwise I'm in violation of the law, which says that unless I do I'm a criminal, even though were I running an "approved" OS, I could play the DVD without spending more $). Thus the DVD-CCA can regulate not only who can make DVDs, and who can make players, but also what OS the consumer can run to watch them. This is Wrong.

      In the case of Censorware, if I am looking for a product to censor the web -- beit for the purpose of imposing my ethical standards on the public, or for imposing them on my children, or simply because I want to have a "clean" "web experience" -- I'm going to want to look at what each product does, and does not censor. If the company providing the censoring engine does not provide a *full* listing of the sites they block, correctly or incorrectly, I can't make that valuation of the software. Because the company saw fit to encrypt the list, I can't see it, even if I buy the product. Thus I have NO WAY to determine if the product simply fits my needs, or whether it is being overzealous, or if the company that wrote it is censoring any and all viewpoints that they do not agree with. SOme folks decide to write a piece of software that allows people to see the banned list. This gives the consumer valuable information about the product they are using, and points out more than a few "flaws". According to the DMCA, this is illegal, and in fact a criminal act. I wonder what the consumer rights groups have to say about that? The Better Business Bureau?

      But, of course, this is The Law, so it must be right. ::sigh:: Politicians aren't going to make the "right" choice, because they're not going to turn away the money being handed to them by the various companies involved. Companies aren't going to do anything that isn't in their own best interests. They have shareholders to think about, and the primary concern is making money, not being ethical.

      It's a shame that our society has come to this.

      It's a shame that companies are more valuable in the eyes of the government than the people they are supposed to represent.

      Unfortunately, we may be too far gone to change anything.

      I need to get back to work...

      (I also need more coffee... ;P)

  97. Re:Corkboard by jjsaul · · Score: 1

    Very good points - it seems that the arguments become generally about the IP for which we are purchasing a single, transferrable performance license. What media is the initial transfer mechanism is irrelevant - we shouldn't have one set of rights for DVD and another for VHS, right? Certainly this can be contractually differentiated, and that is their legal ground - but should it be? In broadcast cases the consumer won - that's why you can time-shift broadcast viewing by taping a show and watching it later. Remember that this was all litigated prior - NFL, etc was not all all happy with the widespread use of videotape. But broadcast has a much harder time attaching an adhesion contract to their product, which is easy with a DVD or CD - so they had no choice but accept the common law and FCC regs. A seller of a DVD can attach just about any contractual terms they want... and when a whole industry forms ranks and a united front, their is no bargaining over the terms of that contract. Just spewing thoughts...

  98. Re:DeCSS & CPHack aren't illegal until October! by lurker786 · · Score: 1
    To play devil's advocate (one of my favorite roles;) I would expect the opposing counsel to counter:

    Since users require an external tool (made by those vicious hackers-child pornographers-credit card stealing-misguided geniuses ) to circumvent the access control, it *is* effective.

    Anyway, the point isn't whether it was easy or difficult, the point is outlawing it takes away too many things. If that was our argument, they (yes, the mythical, mysterious, evil they) would just have to get a clue, implement stronger controls (arguable whether it is at all possible- for what is worth, I think it is) and we would be file-system-checked.

    PS.- Sorry if I came on too trollish, I still haven't (and doubt I will) gotten adjusted to daylight savings time and am in a slightly altered state of consciousness.

  99. Re:DeCSS & CPHack aren't illegal until October! by YIAAL · · Score: 1

    Lessig's analysis is interesting, but he misses an important point: the First Amendment isn't the only constitutional issue here. Congress lacks constitutional power to pass copyright and patent laws that do not meet the constitutional test of promoting the progress of science and the useful arts. It also lacks the power to protect intellectual property under the commerce clause if doing so would violate this provision. This argument is spelled out in an article in the Harvard Journal on Legislation's Winter 2000 issue entitled "The Proper Scope of the Copyright and Patent Power," by Robert Merges & Glenn Reynolds. Sadly, it doesn't seem to be available on the web.

  100. Re:Censorware critics are statistically challenged by NI3 · · Score: 1

    You don't need to crack CyberPatrol in order to determine its accuracy on whatever criteria you wish to measure.

    What exactly do you mean by that??? Unless you have a list of all valid URL's on the internet and try them all, how are you going to find out which one's are blocked that shouldn't be and vice versa? By breaking the encryption, you can at least determine which links are unjustly blocked.
    Your statement may be theoretically correct, just like in theory a public key contains the same information as the corresponding private key, it just takes a bit longer...

    NI3

  101. The FBI, etc must LOVE DMCA by eMlliK · · Score: 1

    I would imagine parts of the government must be THRILLED with the DMCA.. I suppose all of their supercomputers to crack encrypted messages is useless now? Since, afterall, decrypting people's messages, conversations, etc would be in violation of the DMCA... This could bring a whole new life to the underground :)

  102. The relationship between Physics and Law by mrdlinux · · Score: 1

    In the world of Physics, you can have a complete theory, explaining everything in crystal-clear logic and irrefutable proofs. But if the central, guiding assumptions are wrong, the whole theory collapses. Law, like Physics, is based on Logic, and on guiding assumptions. It is high time that the guiding assumptions of our Law were based on reality (experimental evidence) rather than the groundless dreams of lawyers and legislatures. In applying this rule to copyright law, one should note that our current law is based on the fact that a piece of work required significant effort to duplicate. This is not the case anymore, correspondingly, the Law needs to be written with the truth as its guiding assumption, or else it is wrong, and any rightness in it is purely coincidental. As any programmer should also know, tagging on bits and pieces of the solution to an already defective structure is not the way to proceed (witness: Microsoft Windows). The United States claims to follow the guidelines of the Constitution in creating legislation, which in essence state the protection of the rights of the individual (speech,arms,trial-by-jury,etc). It is time that the U.S. government wakes up to the reality that exists today and resolves the issues of today following the guidelines of the Constitution which it has sworn to uphold. Democracy is a flawed system, but perfection would be too much to demand. Let us instead see a well thought out common sense approach to resolving the issues of today following the precepts of the Constitution, and relying on the present reality for basis. Matt Danish mrdlinux@yahoo.com -- The Second Amendment is insurance against the day any one of the Bill of Rights is repealed. It keeps the politicians honest; no wonder they wish to restrict it.

    --
    Those who do not know the past are doomed to reimplement it, poorly.
  103. Re:Yeah, right by istartedi · · Score: 1

    In that same perfect world, everybody who is able would pay $35 for GNU/Linux. We don't see that happening either.

    How 'bout that NASDAQ? Down 11%. BTW, this is the 32nd anniversary of the Martin Luther King assassination. Rough day.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  104. Same goes with CSS... by kwsNI · · Score: 1
    ."code that cracks a protection device is criminal under the DMCA even if the use of the copyrighted material that the code enables would be fair use."

    Can everyone say DeCSS? How is this any different? DeCSS crasks the protection device (CSS) on a DVD. I hate to say it, but the more the DMCA is upheld in court, the worse off the DeCSS case will be.

    kwsNI

    1. Re:Same goes with CSS... by fedos · · Score: 1
      Damn it, I was right! The wedding scene of the Holy Grail, after Lancelot has killed half the guests to save a damsel in distress who turns out to be the groom, right?

    2. Re:Same goes with CSS... by fedos · · Score: 1
      "This is supposed to be a happy occasion. Let's not bicker and argue about who killed who."

      I know I'll probably remember the second I hit "submit", but where is this from? I movie, I think? For some reason I'm thinking Monty Python.

    3. Re:Same goes with CSS... by pnambic · · Score: 2
      That's just brilliant - it basically amounts to a grand new scheme for copyright holders to make more money. Encrypt it, and suddenly not only can you sell licenses for use of your actual property, you can additionally sell licenses for the manufacture and sale of decryption devices.

      I can see it now. "This software is not licensed for use on non-Intel processors." Then add region coding... "This software is not licensed for use in the UK." Before you know, it'll be illegal to carry laptops on intercontinental flights, because of copyright issues.

      Sometimes I wonder what customers of "high-tech products" can be reliably expected to put up with. I mean, who'd buy books that you could only read wearing the right glasses?

    4. Re:Same goes with CSS... by Kris_J · · Score: 2
      Also arround 30 years ago there were books marked "not for sale in the US or Canada".
      Until a couple of years ago, a friend of mine used to frequently buy videos either "Not for sale outside of the UK", or "Not for sale in Australia or New Zealand" from a local music / video store here in Australia. The place in question still imports stuff from the UK with such "requests", but quite frankly we all just ignore them as the crap they are. What, is Australian money too good for them?

      All the unnecessary restrictions on trade and use are becoming so complex, or draconian, or stupid that the only responses left are to walk away, or ignore them. Luckily, much of the stuff being screwed by these restrictions is trivial, so the choice ultimately doesn't matter...

    5. Re:Same goes with CSS... by anatoli · · Score: 2
      That's just brilliant - it basically amounts to a grand new scheme for copyright holders to make more money.
      Indeed some people argue that this is the real driving force behind DMCA.
      --
      --
      Industrial space for lease in Flatlandia.
    6. Re:Same goes with CSS... by anatoli · · Score: 2
      I haven't read the actual text of the DMCA, but if unencoding encrypted information is illegal, why aren't DVD players illegal?
      Because "legit" DVD players supposedly have the copyright holder's "authority" to do so.

      Read the DMCA (know your enemy).
      --

      --
      Industrial space for lease in Flatlandia.
    7. Re:Same goes with CSS... by kwsNI · · Score: 2
      If unencoding encrypted information was illegal, then why would anyone ever encrypt it? It would be illegal to ever decrypt it again.

      What the DMCA refers to is the unauthorized decryption of protected materials. Everyone who builds an MPAA authorized DVD player pays the MPAA a fee to allow them to use the MPAA's version of DeCSS. This is one of the biggest reasons the MPAA hates DeCSS so much. Everyone that used it rather than an MPAA approved player costs the MPAA money (liscensing fees).

      kwsNI

  105. Re:The Problem is by luckykaa · · Score: 1

    suppose that Ford shipped a defective car,

    Hmm, thats interesting. What if the defect was in a ROM controlling the engine?

  106. Re:AI by luckykaa · · Score: 1

    Most learning algorithms probably wouldn't have a hard time distinguishing a porn site from most other sites. The all look the same, with lots of flashing text, bright colours, and ususally something along the lines of "You must be 18 to enter".

    Find a selection of false positives and reapply to the learning algorithm to improve the accuracy. Even if it isn'tperfect, it would certainly be better than an algorithm that blocks things like "wish it was sunny" on the basis of obscenity in character 3-7.

  107. I'm confused.... by luckykaa · · Score: 1

    So if I pirate it without decrypting it then thats okay? Or is it okay to decrypt it without pirating it? Or neither?

    What if I write a dictionary? Are people allowed to quote definitions from it? Can I prevent people from doing this by putting something on the first page? Can I prevent people from reviewing it? Can I prevent this if its on CD? What about cutting and pasting the definitions?

    1. Re:I'm confused.... by luckykaa · · Score: 1

      And here was me thinking it was a genetically engineered dolphin.

      Sorry, I didn't realise I was treading on another Kaa's toes.

  108. Reverse engineering by luckykaa · · Score: 1

    As far as I understand it (Terms like "notwithstanding the provisions"... confuse me) According to section 12g, it is perfectly legitimate to reverse engineer the cryptography, and publish an analysis of the cryptography, with certain restrictions. The cphack authors didn't follow the letter of this section (e.g. They didn't ask for permission) , but they did follow the spirit of it (They wouldn't have been given permission).

    As far as I can tell, the article is inaccurate in places too. There doesn't seem to be any reference to the GPL in my version of cpHack, and the DMCA does have a lot of exceptions to cover "fair use". The MPAA had to show that DeCSS could allow a DVD to be be copied to gain the injunction. Not just used.

  109. Then we hack the output side. by qfingers · · Score: 1

    Well if they are going to restrict code craking and make it illegal, let's hack the raw output. If we capture that with hardware modifications and/or process the stream (assuming streaming to a video/audio device under linux), and just capture the raw output. Not craking done. It has to become unencrypted at some point otherwise it would be useless.

  110. Re:You Own What You Buy by geekoid · · Score: 1

    I'm going to sleep. Maybe when I wake up this nightmare of idiocy will be over.
    This is the worst thing to do.
    Too many people are doing that right now.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  111. Does this have effect outside America? by dannyspanner · · Score: 1

    [Please excuse the dumb question, but this seems to be the best place to get a (semi) enlightened answer.]

    Does the DMCA have any effect outside the USA? If not, what happens when I release MyCPHack from the UK? How else can I help my American comrades? :)

  112. Re:You Own What You Buy - A slight correction (OT) by CptnHarlock · · Score: 1
    See, that's the nice thing about capitalism. There's no central planner to say that you have to sit here, or go there, or be nice. There's no excessive transmission of executable context, to speak in geek terms. You pay the cash, you get the product.

    I just had to tell you that you are speaking about market economy wich need not have anything to do with capitalism. I like market economy, capitalism I generally don't like.

    The difference:

    • Market economy is when the prices and availability of products depend on the demand/supply. Theoretaicaly this is a perfect setup unless companies get dirty and play the game MS-style. Market economy is the correct opposite of plan economy.
    • Capitalism on the other hand is when you "by the sloe right of having money" can get to make even more money. This can be good when the money is used in a "responsible" way: to invest in your buessiness, raise wages etc to make a better company that produces more/better products... Unfortunately it almost allways takes a sick twist as in things as the stock market or lobbyism to name but a few...
    Thank you for your attention.

    //Frisco


    "At the end of the journey, all men think that their youth was Arcadia..." -Goethe

    "Pick an A.C. sailor!.. We're cheaper than Karma Wh*res!" - A.C.

    --
    $HOME is where the .*shrc is
    -- silver_p
  113. Extra-Territorial Legislation by DHam · · Score: 1
    OK, I'm going to have a Crack (sic) at responding to this one. I am not (yet) a Lawyer, nor am I an American. I am a law student (completed three out of four years) in Australia and I have studied criminal law and some international law so I can claim to know something about the area but if you get nicked I recommend you talk to a lawyer in your jurisdiction.

    The short answer is US law does not apply to those of us in the rest of the world. The long answer is that many countries do claim the right to legislate extra-territorially and those countries' own courts will presumably conduct cases and mae orders on this basis. Normally this power is used to regulate the behaviour of one's own citizens in another country. For example Australia and many other countries have legislation which prevents their own nationals buying sex from children overseas and the US (i believe) has or had laws preventing US Nationals travelling to Cuba. The US also has legislation such as the infamous Helms-Burton (sp?) Act which applies to overseas complanies investing in Cuba and other countries have occasionally tried similar tricks.

    The key point, however, is what a country (eg the US) can do about nationals of another country who are not in that country (and own no property that could be seized in the first country). In the first instance it must be noted that in general one country's court orders are not recognised in another country by either the judiciary or the executive (The EU is an important but currently irrelevant exception). This leaves two options, getting your country's law enforced in the second country by that country's courts or having the person you're after extradited to your country. The first is essentially impossible: although it is possible to use choice of law clauses or even the default conflict of laws rules to come to the conclusion that a contract is to be adjudicated in (for example) Sydney by French law, this sort of thing realy only applies to contracts. In non-voluntary areas of the law (subjecting oneself to contract law is always voluntary - you don't have to enter the contract) I am unaware of any case of a court admitting that another country's law applies on its home country's territory and such a ruling would be very surprising.

    This leaves extradition. First, extradition is only legally possible if there is a treaty in place allowing it between the two countries in question. The vast majority of such agreements are bilateral and hence the precise conditions under which extradition is possible vary with each pair of countries considered and there are big holes in the system (for many years Britain had no functioning agreement with Spain causing the latter to become something of a haven for Britishfugitives). However, there are some principles of law which are almost universal and are worthy of mention:
    *A country has jurisdiction over crimes commmitted on its territory.
    *A country may sometimes have jurisdiction over its own nationals even if they are not in its own territory (this area can be quite limited and is not universally agreed upon).
    *A country does not have jurisdiction merely because the victim of a crime was its national (the US does not accept this position but it is pretty much alone on this).

    It should be pretty apparent that for the sorts of offence material to the discussion, norma extradition arrangements will not cover the situation. This leaves Aos's suggestion that the US will just ask for the person to be handed over and because "US de facto rules the world" most countries would comply. Despite the plain inaccuaracy of the assertion that the US rules the world (one might cite some examples of policy the US really doesn't like and has not succeeded in changing, the Common Agricultural Policy springs to mind) this assumes that the governments of other countries will be willing or able to act illegally and in many cases in breach of their own constitution by effectively kidnapping their own nationals and handing them over to a foreign government. I suggest that one would have to go a long way to find a country whos executive officers would be prepared to risk the loss of office or imprisonment just to take the prbably very unpopular step of handing over someone to the US for using a perfectly legal (in that country) computer program.

  114. Re:Your analogy is false by JWRose · · Score: 1
    Your analogy is false, because you are not buying a car, you are stealing a car.

    Sorry, but I think your analogy is wrong. Nothing is stolen with either cpHack or DeCSS. cpHack allows those who already purchased the product to see exactley what's being blocked. I don't know your definition of stealing, but in my book, that is not stealing. DeCSS allows legally purchased DVDs to be viewed on the OS of the users choice. Again, no stealing is involved.

    Nothing exists except atoms and empty space; everything else is opinion.

    --

    blah blah blah....
  115. Re:The problem of not caring... by clickety6 · · Score: 1
    However, a campaign on the basis of "Even when you buy it, it's not yours" could push the button of a lot of people.

    Or maybe a "what are they trying to hide" campaign to feed on a little public paranoia. If they don't want you to see it, it's obvious that they must be doing something devious and nasty, isn't it? ;-)

    --
    ----------------------------------- My Other Sig Is Hilarious -----------------------------------
  116. Re:really? by pe1rxq · · Score: 1
    (btw: i bet you're french)

    Dutch

    Grtz, Jeroen

    --
    Secure messaging: http://quickmsg.vreeken.net/
  117. Re:really? by pe1rxq · · Score: 1
    Technically it is, however there is a lot of post-cold-war sentiment in most western countries. Most countries are willing to disrespect their own laws to please the US. Just look at the things that happend around on of the decss authors.

    I live in The Netherlands myself and I haven't seen anything like that here yet, it will not happen quick (I hope) but don't be to sure about that.

    Grtz, Jeroen

    --
    Secure messaging: http://quickmsg.vreeken.net/
  118. Re:really? by pe1rxq · · Score: 1
    This is just the classic 'nuke the whole world and there won't be any crimes anymore mentality'.

    People will never learn.......

    Grtz, Jeroen

    --
    Secure messaging: http://quickmsg.vreeken.net/
  119. Response from Mattel by www.sorehands.com · · Score: 1
    Nah, the person not thinking of his girlfriend (or boyfriend).

    He was probably probably checking out Tubtop or Barbie Benson.

  120. DMCA doesn't mean you can't crack copyprotection by HuskyDog · · Score: 1
    ...it just means that you must ensure that you don't get caught!!

    The thing I can't understand is why the CPHack guys revealed their identities in the first place.

    Perhaps they thought that by being outside the USA they were safe from US law (a common sense view which increasingly seems to be wrong).

    We need a news group (alt.linux.binaries.something) where folks with "controversial" code can annonymously post their offerings and the rest of us know where to look.

  121. Little Rascals by avandesande · · Score: 1

    Didn't someone buy "The Little Rascals" so it could not be broadcasted any more? (the show had racist content) Sounds somewhat similar, but with different intent.

    --
    love is just extroverted narcissism
  122. Some Day by Lan-Z · · Score: 1

    I hate to see what companies are going to get pissed about in the future. We're not going to be able to do a damn thing without the man either trying to sue us, take credit for our work or maybe it'll be more like the mob, they'll just "wack" us. *BTW maybe slashdot needs to use some money from VA Linux and buy either a new webserver with some load balancing or some more bandwidth!!

  123. Re:DeCSS & CPHack aren't illegal until October! by KingK · · Score: 1

    BUT, the use of the program, or the mirroring, or even the download of it anywhere inside the US is still illegal. Lawyers have a tendancy to ask for everything they could possibly have a cliam to, and are asking for the logs of all the people who downloaded the thing, probably in order to track down more people to target.

    I can see your point, especially about the mirroring. BUT, ignoring the mirror sites in the US, those lawyers would still have to obtain logs from the original (or mirror) sites outside the US. If I owned one of those sites I wouldn't likely give up the logs because of a US state court order.

    Does anyone know why the authors of CPhack gave up, apparently so easy? Did they cave to pressure, did their ISP cave to pressure, did they get paid off?

  124. Re:DeCSS & CPHack aren't illegal until October! by KingK · · Score: 1
    What people are also missing is that DeCSS and CPHack were programed outside the US! How is it that American law would have any jurisdiction outside of US Boarders! Whether or not the DMCA comes into action until October, it still isn't enforcable in Canada or Sweden.

    I still curious to know why the authors of CPHack caved to Mattel?

  125. Re:You Own What You Buy by beebware · · Score: 1

    When you 'purchase' commerical software, you don't actually buy it. You buy a licence to USE the software and the software company is usual kind enough to provide you with a copy of the software with the licence.

    If you don't want to use the licence (by following its terms and conditions etc) then you shouldn't use the software as the licence is the product you brought.

    Slightly confusing, I know, but that's how it is.

    In real life, however, who knows what you get up to in private.You aren't meant to transfer CDs to audio casettes, but many many many people do... That's why you often see the disclaimer 'copying of copyright materials is illegal' because the manufactours know it goes on, but they are just saying that the product isn't mean't to be used like that

    I wonder what the legal position would be if DeCSS et al is relesed as 'it is just a disc fuller to help fill up your harddisc for testing purposes' and people then used it for 'other purposes' the authors would be liable for the misuse would they? I wouldn't have thought so...

    Just my thoughts about the whole issue, remember that I'm not a lawyer :)


    Richy C.
    --
  126. Re:The problem of not caring... by fedos · · Score: 1
    You may "own" your house, but you cannot do "anything" you please while on your land, inside your house. You cannot create certain things (drugs, explosives) inside your own house, on your own land, even if the things that you create are to never be taken off of your property. You may find that property taken from you if you make these types of things.

    You can't even make modifications to your own domicile without permission.

  127. Re:DeCSS & CPHack aren't illegal until October! by Crazy+Man+on+Fire · · Score: 1

    this must be a stupid question, or things wouldn't be in the situation they are now.

    HOW THE HELL is software being outlawed by a law that hasn't even gone into effect yet? i must be missing something here...

  128. Re:DeCSS & CPHack aren't illegal until October! by Crazy+Man+on+Fire · · Score: 1
    I wonder if one could counter this in court by saying "Hey, I broke it; it was cake. It wasn't effectively controlling access!"

    Good point. Clearly, if the protection measures were effective, they would not have fallen so easily. is this a viable interpretation of effective? Does effective mean "is supposed to keep people from getting the encrypted information" or "actually does keep people from the encrypted information"?
  129. Re:Glad I don't live in the states by Crazy+Man+on+Fire · · Score: 1
    Frankly what we need to protect the morals of our children are parents that actually spend time with their kids, not plop them down infront of a TV or computer as an e-babysitter. If we take the time to teach our children right from wrong in the first place, such big-brother-esque software as CyberPatrol would not be neccessary.
    i absolutely agree! parenting responsibilities should rest on the actual parents, not software or the v-chip. if you don't want your kids to look at porn sites, then supervise them when they use the internet. the internet is a potentially dangerous place. many people are under the misconception that the internet is fundamentally different from the "real world" and that children don't need to be supervised. well, you wouldn't let your kids go play in a dark alley with broken glass and used needles, why let them get themselves into situations they shouldn't be in online? with all our new technology, we need to look back to the way things used to be. i'm not saying that technology is bad, but you can't use it to raise a family. no matter how good software becomes, it is never going to be a substitute for family values and good parenting.
  130. Re:DeCSS & CPHack aren't illegal until October! by Crazy+Man+on+Fire · · Score: 1
    Since users require an external tool (made by those vicious hackers-child pornographers-credit card stealing-misguided geniuses ) to circumvent the access control, it *is* effective.
    i don't think that effectiveness is necessarily determined by the tools required to overcome the control. if it required a large beowulf cluster to decode the list, that would be a different story, but clearly, if the tools are readily available (or createable) then such controls will be ineffective. perhaps the controls were intended to be effective, but i don't think that such an intent will get you very far. perhaps, however, all this reasoning is just too logical, because most of our laws are completely illogical and misguided.
  131. Censor this, censor that by deriliqed · · Score: 1

    censorship sucks!! no ifs, ands, or butts about it! IMO: if parents/ceo's don't want their children/employees to be checkin out Pam & Tommy then pull your connection and go onto a closed network. To stay in contact 'via email & surf 4 research' have mommy & daddy help you (at least parents would then be interested in their own kids). 4 corporations this is a little hard...so trust your employees to figure out what's right & wrong and if you can't (or your employees are dimwits) SPELL IT OUT IN A WORKPLACE BEHAVIOR DOC. Hell If I got in trouble every time I happended to have a naked breast pop on my screen I wouldn't be working...ever... ... uh...what was the orig topic again?

  132. Re:Corkboard by MaxGrant · · Score: 1

    You might want to consider that there are two other things that deCSS bypasses, which to most people's mind constitute 'fair use.' One is region encoding. There is no legal agreement in any way shape or form that you sign that forces you to follow the region encoding scheme of the distributor. You as the purchaser of a DVD can take it wherever you like. You should be able to watch it whether you live in Taiwan or the US, or anywhere in between.

    The other, and to my mind, far more insulting and irritating feature that's been added to DVD are the advertisements, which as I understand you cannot skip through due to the CSS encoding. Now as a consumer I believe I have a right when I buy a video recording in any form, and that is not only the right to WATCH it when and where I like, but to SKIP OVER the crap that I do not want to watch. The DVD manufacturers are ensuring that their advertising dollar gets in the door with this. However, I as the consumer do not care if their advertisments are successful. I as the consumer am not responsible for the success of their ad campaign. I as the consumer have paid for a PRODUCT not the MOTHER FUCKING COMMERCIALS that go with it, and I should be entitled to skip them.

    For these reasons, I remain a DVD holdout. I will not buy them, Sam I Am.

  133. Where Are The Lawyers When We Need Them? by sjritt00 · · Score: 1

    IANAL, but it sure as hell seems to me there ought to be a big, juicy class-action lawsuit against Mattel waiting to happen. Most comments I've seen on this issue to date look at this as a matter of censorship. I see it as slander and restraint of trade. From what I've read about the site list, Mattel has applied a rather shotgun and poor approach to deciding what should be banned. If someone's web page was inappropriately banned as 'pornographic' seems to me their opportunity to earn money from banner ads/whatever would be unfairly restricted. No wonder Mattel wants to get rid of Cyber Patrol.

  134. Re:DeCSS & CPHack aren't illegal until October! by Seqram · · Score: 1

    I wonder if one could counter this in court by saying "Hey, I broke it; it was cake. It wasn't effectively controlling access!" After all, if your security is "don't press the Z key!" I doubt you could stop people from using that hack.

  135. Re:Election in November, election in November (Qui by The+Scooter+King · · Score: 1
    Just a suggestion on this (I am not an American, so don't sue me ;)). It's not uncommon for politically inclined organizations to keep lists of candidates along with what their stated position is on a subject (Like DCMA or UCITA) and even a track record on how they've voted on a subject (Like DCMA or UCITA, see where I'm going with this?). Then, if this information was available somewhere (Like a website at the EFF or some other interested .org) voters could use it to help decide who to vote for.

    --
    Everything's been downhill since the TRS-80
  136. Anonymous Coward is wrong about everything...read by NRAdude · · Score: 1

    The right of free speach has given you the ability to say whatever you think on shlashdot.org. Slashdot is run by some verry clean and talented people in the United States of America. The many rights that people receive here will attract the attention of many people who were being oppressed in the country they had grown up in. The United States is the best country in the entire world. It was formed on Jewish-Christian beliefs and is being subjugated by socialist and communist people as yourselves. Your methods involve removing religion and corrupting the education of United States children. You know that you can go into the United States and say whatever you want, without being thrown in jail, when if I was in your country and said negative things about your country, I would be put in Jail. You are taking advantage of my freedoms and rights to freely speak against my freedoms and rights. Only in my country, the United States of America, is it possible for Anonymous Cowards, such as yourself, to take advantage of the United States' policies in being by and for the people. You should go back in your country and compete with my system of government on your own soil. That is, if your government lets you own any. Linus Torvalds is a perfect example of a person who had a dream and found it easily expressed in United States of America. He is his own skill and no other man or government claims his talented mind. Only a governmnet that you support claims ownership of such things. You still beleive in Scientific Socialism from Karl Marx, yes? Well, I and my fellow Americans have been burrying you, your economy, and your words ever since. You'll never take away any of my freedoms until you take away my right to carry a rifle. I own many. One bullet for each of you and your comrades. Prepare yourself, lol, if you can, because I am going to walk all over you when you step foot on United States' soil. Now, go back to your shanty and think of more ways to undermine America.

    --
    without prejudice
  137. Re:America uber alles? by Spudley · · Score: 1

    This worries me also. DeCSS was written in Europe too.
    What exactly has to happen for the US law to come into play here? I presume it's because the software is being used in the US. Would it follow then that if CPhack had never been imported into the US, that DMCA wouldn't have any jurisdiction?

    --
    (Spudley Strikes Again!)
  138. Return your barbie dolls by RDskutter · · Score: 1
    There's a better way to protest against Mattel, instead of a DOS attack, we should post all our old Barbie dolls[1] back to thier main office - I don't have any but there must be a lot of people out there who do. Just my 2/100's

    Each one accompanied by a note explaining 1) why the doll is being returned and 2) that we will not be buying any more mattal products

    They may be able to ignore letters - but they can't ignore 1 thousand+ parcels

    Oh - and another point - IANAL but would it be possible for a company to sue Mattel if Cyber-Patrol illegitimatly blocked their site. I don't know what grounds there would be for a case - maybe they could sue the libraries instead.

    I've already used my 2 cents - here's a fluff-encrusted peppermint

  139. Is Missspeeling Encryption? by HerbW · · Score: 1

    Is Missspeeling Encryption? If so, is a spelling checker illegle? If so, is my favorite Word Processor, Final Writer for the Amiga and Win95, OK because it was written long before the "Digital Millenium"?

  140. Re:You Own What You Buy by Effugas · · Score: 2

    > No one can argue that copying cds to MP3 and distributing them is legal.

    Actually, arguably, it can be.

    If I want to sell an album I own, in theory I should be able to convert it to mp3, send the files to whoever seeks to purchase them from me, and then destroy the original physical medium and any cached copies I might have made for myself in the mean time.

    --Dan

  141. Re:You Own What You Buy by Effugas · · Score: 2

    > The problem with software is to first remove
    > the "licensing loophole" which is "we've only
    > sold you permission to use it in ways we see
    > fit and at the same time disclaim anything we
    > can get away with disclaiming."

    I don't know how much I mind disclaimers. Bottom line, I view software as I view movies--sure, there may be some stinkers out there, but I don't think we should be able to sue the guys who made Wild Wild West--no matter *how* awful it was.

    Art has the right to suck, but don't go off trying to patent the buddy movie!

    > Also surely you should add "If i want to take
    > it apart and tell other people what I find then
    > I should be allowed to do so." (Tradmarks,
    > patents and normal copyright protect the
    > company from having their product "ripped off".
    > Libel and slander protect them from untrue
    > critisism.)

    Untrue criticism is not enough. Benchmarks must be suppressed, because they contradict the GoodThink of the Marketry of Truth. Windows NT is stable. Windows NT has always been stable. Windows 2000 is stable. Windows NT is unstable. You must upgrade to Windows 2000 to get stable. Windows NT is stable. Windows NT has always been stable.

    Of course, there's the point--given the choice between fair, balanced case law derived by well trained judges in a democratic society vs. a quick line in a license agreement which basically says "Fuck with us and we'll rip your balls off", guess which one many unscrupulous companies will choose?

    "If we can't threaten to rip customers balls off, we're doomed!"
    --AOL

    Yours Truly,

    Dan Kaminsky
    DoxPara Research
    http://www.doxpara.com

  142. Re:You Own What You Buy by Effugas · · Score: 2

    >Are you saying that the copyright holder has no
    >rights??? Stealing cable is theft. The cable
    >company owns the rights to distribute the signal
    >and charge for it. The MPAA (or equivalent
    >agency) owns the rights to distribute many
    >movies and/or songs. We can claim to have rights
    >while denying them theirs.

    Cable is a continual service. I pay this month, I get to turn on the TV this month.

    Purchased videos are not a continual service. They're mine. They don't change over time, they don't get anything new from the manufacturer showing up on my doorstep in two months...they're mine. Can I make a copy and sell it? Nope. Can I make no copy and sell *my* original? Yup. No different from a book--I can't copy my property and give it to anyone else, but I sure as hell can give my property away.

    The MPAA got their payment when I bought the movie. From that point until when I sell or disavow ownership of that payment, the movie is mine.

    Denying this perceived reality is meaningless. If the law says something else, people will ignore it until they get arrested for doing something that they could never imagine as being wrong.

    --Dan

  143. Re:You Own What You Buy by Effugas · · Score: 2

    No.

    The claim is that you get a license to use the product.

    Reality does not match the claim, because people--

    A) Are not lawyers
    B) Should not need to be lawyers
    C) Should not need to hire lawyers

    Just to buy software.

    Software is little more than de facto data encased within physical media. You may be limited to the number of concurrent installations you may possess, but effectively, that's the only really widely accepted limit on software.

    There's usually some question regarding the GPL at this point--people seem to forget that while most "software licenses" remove rights that common law grants without a second thought--hell, it's part of that whole "private property" thing that we *almost ended the world over*--the GPL adds rights by specifying conditions where duplication may be accepted. You're always allowed to give someone else more rights, more latitude, more freedom, particularly with you're own code. But unless you make a highly formal arrangement, you ain't getting less. I can swing my arm farther and farther away from you, but I'm not allowed to pummel your nose, your chest, and eventually worse without some pretty hardcore contracts--and no, a shrink wrap doesn't count.

    --Dan

  144. Investigative Journalism? Ahahahaha.... by isaac · · Score: 2

    As if any modern newsgathering organization would piss off an advertiser. The only investigative coverage it's possible to find in mainstream media these days is in government scandals (and even then, only personal scandals that don't upset the advertisers or parent companies).

    Wish I could find that Eisner quote, something to the effect of "ABC News shouldn't bite the hand that feeds them" (in reference to critical coverage of Disney). That rare moment of candor pretty much confirms what we surely know to be true; that corporate media serves the corporate master first, and above all other priorities.

    The reason I like this site is that while corporate flacks are free to post comments, so is anyone, and they all get the same exposure. Makes for a much broader range of opinions and insight than the pablum they're feeding us at CNN.

    -Isaac

    --
    I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
    1. Re:Investigative Journalism? Ahahahaha.... by theonetruekeebler · · Score: 2
      There was a very interesting Frontline last night discussing the fifteen billion dollar libel suit Philip Morris and R.J. Reynolds threatened against 60 Minutes. Faced with a libel judgment of almost three times CBS's eventual selling price, they pulled the story. Quoting Don Hewitt's 1995.10.17 National Press Club address:
      We have a story that we think is solid. We don't think anybody could ever sue us for libel. There are some twists and turns, and if you get in front of a jury in some states where the people on that jury are all related to people who work in tobacco companies, look out. That's a $15 billion gun pointed at your head. We may opt to get out of the line of fire. that doesn't make me proud, but it's not my money. I don't have $15 billion.

      The suit claimed in part that a researcher for Brown & Williamson tobacco, Jeffrey Wigland, would be in violation of his severance contract's non-disclosure clause. The whole thing is well covered at the story's web page.

      If you read Cryptonomicon, you heard a lot about tactical litigation. The way Philip Morris and RJR engaged in "tortious interference" against the corporation attempting to run a news story is another real-world example.

      The biggest problem with the 60 Minutes debacle was that the decision to pull the story is that the network was up for sale at the time it was made, and that it was made on the recommendation of corporate executives, not news directors. The chairman of CBS received $12M, the general counsel, who recommended to kill the story, received $1.2M. They would not have made that money if Westinghouse didn't buy CBS at $5.6B, and Westinghouse would not have bought the company if it had a $15B lawsuit hanging over it's head.

      Ironically, the story did end up making the news, not directly, but in stories by other news agencies, discussing not the spiking allegation itself, but the tobacco industry's litigious efforts to supress it.

      --

      --
      This is not my sandwich.
  145. Be careful... by slothbait · · Score: 2

    "At some point" might be within your monitor which. through legal trickery, you are not allowed to tamper with. There are display vendors that are creating systems that encrypt the video signal that is fed from the video card to the display.

    If Big Business thinks that we are going to "hack the raw output", then they will take every measure to ensure that you don't *get* the raw output.

    Chilling, no?

    Lenny,

  146. Re:Oops, my mistake by PhilHibbs · · Score: 2
    2101
    `(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--
    `(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;


  147. Re:DeCSS & CPHack aren't illegal until October! by PhilHibbs · · Score: 2

    Is CPHack a device for circumventing a copyright protection system?

    I think they've got this one right, according to the DMCA. The clause pertains to access control mechanisms, and the encryption prevents access (ie. acquisition). CSS, on the other hand, is a use control mechanism, rather than an acccess control mechanism. The two are distinct in copyright terms - "access" means "acquisition".

    Anyway, none of this applies to me, 'cos I'm in the UK. Except for the fact that Skala sold his rights. Shame. He was under a lot of pressure though, I'm not sure if I could have handled it and kept my nerve.

  148. Re:BTW, Mattel is getting rid of Learning Co. by jamiemccarthy · · Score: 2

    Mattel is planning to sell it's software company, Learning Co., which is the maker of Cyber Patrol. [...] I tried to submit the story but it got rejected

    We didn't reject it. We ran it. (And someone else submitted it before you - sorry.)

    Most of our YRO stories run on the slashdot homepage, but not all of them.

    Click on the YRO section box on the left side of every Slashdot page to see all the stories, including the ones that weren't important enough for the main homepage.

    And/or, go to your user preferences, scroll down to "Customized Slashboxes," check all the boldfaced sections, and then check "Your Rights Online" and any other slashboxes that strike your fancy. That'll keep a list of YRO stories handy.

    Jamie McCarthy

    --

    Jamie McCarthy
    jamie.mccarthy.vg

  149. Yeah, right by ch-chuck · · Score: 2

    It's really amazing - you folks actually think a production studio is going to put $20 million (and that's SMALL budget!) into making a movie and that buy forking over $9.95 at T-Mart your 'buying' that production to do whatever you want with, heehee. Actually, you CAN buy the movie, setup a chain of theatres and other distribution - but you'll need big bucks, and unless you just like burning money, you'll probably want to make a little bit o' profit to pay the mortgage, buy the kids shoes, etc.

    Actually, in a 'perfect' world (from the content producers point of view) if everybody DID honor the licensing, the producers wouldn't have to attempt to resort to fair use restricting, draconion techno-content control mechanisms (like having to have a licensed player) - but as it is, they feel that (even if it is wrong, there's that perception amongst publishers) hey, people are making and distributing unlicensed copies, we're losing money, we must do SOMETING. It the Gates "Open Letter to Hobbyists" all over again, whining about only 10% of BASIC users actually paid (which was TRUE), so NO MORE MR. NICE GUY, which gave us the Msft corp we know and loath today. QED: piracy ruins it for everybody, 'taint the producers fault! They're just protecting their own interests, even if they end up resorting to criminal means to do so.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  150. How about Lib's designating terms for <16 by ch-chuck · · Score: 2

    I mean, to play devils advocate, there IS a lot of crap out there for parents and guardians to be concerned about - I'm about to the same point as with Msft and their pirate user base (Msft uses criminal mkting practices, yes, and a lot of their uses are criminal license violators, buy one copy and let everyone use it! Everybody does it!!) - those who want censorware are tossing out the baby w/ the bathwater, while those against it are a bunch of deranged perverts.

    So, maybe what tax funded public Internet providers (pub libraries) should do is designate two areas: one for those under 16 to use with a list of approved or unapproved sites to browse (an 8 yr old probably isn't yet interested in researching therapy for breast cancer) - and an 'adult' section w/ unlimited browsing capability to research the psychology of deviant sexual practices if they so choose.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:How about Lib's designating terms for <16 by raygundan · · Score: 2

      This isn't a bad idea, except that the censorware still blocks legitimate sites and misses a ton of nasty ones. It really isn't any help if the software blocks 80% of a million porn sites-- there are still 200,000 left for my kids to find.

      Maintaining thorough and fair block lists for censorware will prove to be the largest task undertaken by man. The internet is enormous. With the state of AI as it is, automatic rating of web sites with any sort of accuracy is years away. (Case in point-- there is a restaurant here called the XXX Steakhouse. If they had a website, I'm sure it would be blocked since most automatic censorware crawlers just pick up the keywords and mark it as bad.)

      It's just too big to be reviewed by the employees of a tiny software company! They will always leave too many unchecked sites for their product to work well. If this was the only problem it might be worth buying for your kids. But I'm not interested in blocking only some bad AND some good sites as well. The tradeoff isn't worth it.

      You can seperate the terminals, but the censorware still doesn't work. (A step in the right direction, though, at least preserving the rights of adults!)

  151. Monitoring works great - proof by Kris_J · · Score: 2
    Probably the best way to censor the computer you have at home is to install monitoring software
    I agree. Monitoring of behaviour is one of the most effective ways to keep people within the lines, so to speak - like how people won't cross against pedestrian lights if there's a cop around. Here at work we have a couple of primative filters on Web access, just some Squid access lists (one for sex, one for ads). I update them based on what people have actually found.

    But that's not the point. The timing is unfortunate (another week would be nice), but I recently reminded staff that we can monitor web usage, nothing more. Here is a summary of traffic; (MB) Thu 55, Fri 42, Mon 65, Tue 64, Wed 73, Thu 71, (told staff Fri morning) Fri 38. Unforunately I don't have more than that one day yet - I will be getting updated logs on the weekend. The previous Friday to this summary was 79MB, so I don't think it's a DOTW effect.

    If people think they can get away without judgement then they exercise none of their own...

  152. Re:Try a different one by Kris_J · · Score: 2
    if there are non-infringing uses to a technology, it can not be held to violate copyright to distribute it.
    Problem is that the DMCA makes it so that there a no non-infringing uses of a program designed to break copy protection, even when there are non-infringing uses for the results.

    Basically the DMCA has managed to put a legal barrier around a technical barrier that simultaniously protects and restricts a "work of art" (or similar) from both legal and illegal use. It is obvious that there needs to be a serious change in copyright itself - the community needs to recover some rights from the individual in the name of progess. Mind you, that sentence seems a little silly when we're talking about things like illegal copies of "Titanic"...

  153. Re:A point we've overlooked so far by Kris_J · · Score: 2
    No more going out and buying that movie your kids want to watch 500 times. If they want to watch it 500 times, you pay 500 times. No more 5 day video rentals. If mom, pop, bro, and sis all want to watch the movie but can't on the same schedule, too bad--pay 4X.
    One thing I've noticed in the posts is the assumption that movies, videos and TV are actually important in the grand scheme of things. For crying out loud people - it's just entertainment. The world is not going to end if you choose not to buy that Men In Black DVD. You can rest assured that anyone that wants to be heard (from legitimate science, thru social expose, to every crack pot on the planet) will find a way to distribute their message in a way that doesn't have all these restrictions.

    Find a way to calm down the want and your outrage will drop back to something realistic.

  154. Re:Anticircumvention and swimming pool fences by Kris_J · · Score: 2
    There, I've just Rot13'ed my data. Now I consider it encrypted and protected. By pressing the Rot13 button on your newsreader after October, you're breaking the law. Those who write and distribute newsreaders are breaking the law, now.
    Now there's a scary thought. If I encrypt a peice of copyright work using a Zip file with a password does that suddenly make all the Zip password recovery packages illegal? If I publish a carboard code-wheel with my software like the computer games used to, does that make photocopiers illegal - how about a pencil and paper? If you can break my encryption with a pocket calculator, does that make pocket calulators illegal? What's illegal, the tool or the technique? Are we on the verge of legislating a huge category of "controlled information", like controlled substances? Can the DMCA make existing technology illegal because it can be used to break copy protection on new products? Scary.
  155. Re:America uber alles? by Kris_J · · Score: 2
    that DMCA wouldn't have any jurisdiction
    I don't know how the US managed to get at the authors of these things so effectively, a bit of a worry, but I can tell you that my local Australian ISP hasn't contacted me over the copy of cp4break.zip on my website - and it's on that mirror list referenced a while back. (Although, it's not on the CyberNOT list, which is a let down.)
  156. Re:Here we go again by M@T · · Score: 2

    Yet another story about "Your Rights Online" which, translated into /. speak, is "My Right To Not Pay For Anything"

    Bullshit!!

    "Fair use" is "Fair use" and is written into the copyright law for a purpose. As Lessig points out, the DCMA allows copyright holders to deny fair use by wrapping the work in technology.

    The medium of copyrighted works should have no bearing on the interpretation of the copyright act or limit or enhance the rights of the copyright holder or the user of the copyrighted work.

    Why US universities are screaming about this I don't know. As their libraries become increasingly digital, so will the difficulty of accessing and using texts for the purpose of teaching.

    "Whats that? You want to copy an excerpt on OO concepts from Ivan Hutchinson's Beginning Java 2 for an introductory programming unit? Sorry - that text is only available on CD-ROM/DVD/"

    The medium should be treated as irrelevant... not doing so will only create a massive legal and beaurocratic nightmare.

    M@T

    --
    'sapientia potestas est'
  157. What happened to the people? by lar3ry · · Score: 2

    I remember a declaration of independence written in 1776, which voiced a rather eloquent declaration of the liberties that Americans have the right to expect. I remember this country fighting wars against Great Britain to uphold their self-declared freedoms.

    I remember Abraham Lincoln, in his Gettysburg Adress, presented during one of the most trying periods of our history, state "that we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth."

    But that was long ago... back when we were just a federal republic.

    Now, we are no longer such a republic. We have embraced capitalism and its love of one thing only: MONEY.

    The government that Lincoln talked about is no more.

    Our government is now of the corporations, by the corporations, and for the corporations, and the fucking people be DAMNED!

    There was no revolution, not a single shot was fired. We lost.

    And every American citizen has himself or herself to blame... they allowed it to happen. And now that the corporations are firmly entrenched, we have bugger-all chance of ever getting our liberties back.

    So, sit back, watch your DVD's on your licensed players; allow little Johnny to surf the web knowing that Cyber Patrol will be preventing him from seeing such smutty sites as Peacefire.org (they hit positive for nudity, sexual acts, violence, etc.); and when you find yourself evicted from your house by a faceless corporation because "you purchased a spreadsheet program and neglected to read the fine print on their legally binding shrink-wrap license," do so happily, since this is indeed the fucking land of the free.

    "Here come more homeless! God bless America!"

    (Then again, you might want to consider doing something, like supporting the Electronic Freedom Foundation during those "must-watch" commercials on your DVD.)
    --

    --
    "May I have ten thousand marbles, please?"
  158. Re:Mattel by jms · · Score: 2

    The article URL has changed. Here is the new link

    The best part of the article is how Mattel is expecting to take a HUGE loss on the company.

    Put another way, former CEO Jill Barad paid about $3.5 billion for The Learning Co. (TLC), which is now reportedly expected to fetch between $500 million and $1 billion.

    And, as icing on the cake, Mattel has associated their company and name brand with repressive censorship. I won't be buying anything with the "Mattel" name on it ever again.

    Nice job with the lawyers, guys.

  159. Is CPHACK an original program, or a disassembly? by jms · · Score: 2

    Something I hadn't thought of ... can anyone answer this question ... is cphack an original program that implements the encryption algorithm used by CP, or did the authors disassemble the encryption algorithm, then convert the assembly to C?

    There is a difference ... if cphack was written from scratch to implement the algorithm, then Mattel should have no basis to claim copyright infringement. If cphack is merely a translation of the Mattel written subroutine from machine language to C, then I'd have to agree that the distribution of cphack is probably copyright infringement. I mean, if you were to take a binary of the Linux kernel, disassemble it, and convert it back into readable C code, that wouldn't magically remove the copyright on Linux, would it?

    Of course, if the case were to be tried in court, a fair use defense could be raised, but that option disappeared when the programmers cut their deal with Mattel.

  160. DeCSS/CPHack Mirrors send logs to /dev/null please by FreeUser · · Score: 2
    Lawyers have a tendancy to ask for everything they could possibly have a cliam to, and are asking for the logs of all the people who downloaded the thing, probably in order to track down more people to target.

    If you are mirroring software which is now illegal under the American DMCA, please consider redirecting your logs to /dev/null (via symlinks, .conf files, or whatever).

    You cannot be forced to turn over information to lawyerly thugs if you do not possess it. As for those of us living in the United States, we need to begin comming to terms with the unpleasant fact that, for many intents and purposes, we now live in an extremely authoritarian, draconian state, and begin organizing our lives accordingly.

    In short:

    • Mirror sites: please send your logs to /dev/null to protect the identity (and anonymouty) of your "customers" - i.e. those who download the files you are mirroring.
    • Get involved politically - we have a moral duty to ourselves and our forfathers to make every effort to win our country back. While you can couch this obligation in whatever terms apply to whatever country you are in, I think it goes without saying that we all need to be involved, wherever we are, and fight these trends with all of the political weapons our democratic systems provide us, wherever we are. You can be certain the extremely well-financed opposition is doing so.
    • Tell your friends and neighbors - Yes, you will be mocked by many of them. Thanks to the popular media apathy is very fashionable. Anyone expressing a passionate political view will be labelled a radical. Get over it, and express those views anyway. Peer pressure to remain silent and pretend not to care is one of the most insidious forms of censorship and social engineering, and we need to start standing up to it.
    • Fight these trends on the grass-roots level (which most of us are doing anyway). In my case, I and a couple of friends are working on the open content concept of a new, free culture mentioned earlier here on slashdot. In a very real sense, every open source project is a grass roots effort in this respect. Get involved.
    • Have a way out. We have a moral duty to ourselves and our families to have a an escape route, if and when things degenerate further. The notion of an Amercian needing to seek political asylum in Canada or Europe may sound (and seem) absurd, but remember that it has happened before (remember Oppenheimer? Not to mention thousands of conscientious objectors during the Vietnam war) and will most certainly happen again. Quite possibly to us, given the current state of technical and IP legislation.
    Thank god my airplane will get me to Canada on less than one tank of fuel.

    --
    The Future of Human Evolution: Autonomy
  161. Re:The problem of not caring... by Bald+Wookie · · Score: 2

    Censorware seems to be a hot-button issue that could get a lot of free press. However the key to raising public awareness isnt going to be talking about false positives. Will Joe Average Puritain care if little Billy cant visit a science site about breast cancer? Probably not. Its the porn that slips through the filter that will cause outrage. Focus on that, and then explain some of the technical reasons why censorware will never be 100 percent effective. Then offer the perfect alternative to censorware: local logging of all internet connections.

    Local logging offers parents the ability to see what their children are doing, and encourages a relational approach to parenting. Rather than install a blacklist in a box and unleashing the kids on the net, local logging can open the door to talking about important issues instead of pretending they dont exist. Which would you prefer as a parent?

    A) Little Billy spends 4 hours trying to get around the censorware, checks out some T and A, and then does it all again tommorrow.

    B) Little Billy cant get around the censorware, but it isnt installed on his friends computer. They stay up all night downloading movies from supergoldenhardcorekinkypornographypalace.com

    C) Little Billy looks for some porn, and sees some T and A. When you get home, you check the logs and sit Billy down for a LONG discussion about your values. You have the opportunity to provide information and take disciplinary action.

    Now, you cant do a whole lot about B. However if your kids do not know that you are logging at home, the need to go somewhere else to try to look at porn is diminished. The probability of catching them in the act is increased.

    If my kids look at porn, hate, or build-your-own-boms.com I want to know about it. Actually restricting the information is playing Whack-A-Mole. Having the opportunity to talk about it, after they see it is much more valuable. It gets you involved in their lives and gives you another opportunity to shape their growth. Personally I think that this is the best solution.

    Specs for the logger:

    Strong encryption and validation of the logs. If log files are deleted, the administrator is notified. If Billy can crack TripleDES in an afternoon, you have bigger issues to deal with than a little bit of porn.

    Adjustable levels of visibility. You can either make it unnoticable to prevent B above, or very public to encourage self policing. Public terminals should always be run in NOTICE- We _are_ logging mode.

    Protocol versatility Take care of as many sources of inappropriate information as possible.

    Difficult to Disable The implementation is an excercise for the reader...

    Easy to use Well, Duh!

    Make the log files easy to read Highlighting based on trigger words might be useful. Parsing search queries for the search terms would probably take care of a lot of it.

    Anyone care to get started?

    -BW

  162. Phase One. by Black+Parrot · · Score: 2

    The logical first step in battling censorware - other than continuing the legal battles already in progress - would be to encourage the Library of Congress, National Archives, and every other public institution, to refuse to accept, archive, catalog, or provide reference links to any document in any media with a format that is trammelled with IP encumberances or that is not fully documented.

    This would not make much difference in the short run, other than sending a message that the public is not going along with the game, but it is very important to get it started now as a sort of "injunction", to keep the censorware industry from presenting the public with a "done deal" that would be nigh impossible to reverse later.

    --

    --
    Sheesh, evil *and* a jerk. -- Jade
  163. Re:DeCSS & CPHack aren't illegal until October! by Kaa · · Score: 2

    Cracks maybe legal until October (does it really make you feel warm and fuzzy inside?), but what is already illegal is to distribute tools for circumventing protection devices.

    It's like you can still use a debugger (until October, at least -- grab your chance), but you cannot buy it, you cannot sell it, you cannot put it on your site.

    Kaa

    --

    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  164. Re:You Own What You Buy by Kaa · · Score: 2

    The claim is that you get a license to use the product. Reality does not match the claim

    Unfortunately, the 'reality' you are talking about is nothing but perception, a generally held view of how things work. As such, it could be more or less easily changed, and there could (would?) be a lot of marketing dollars thrown at exactly this task.

    To give an example, think about property-seizing laws. There is that general perception (what you would call a reality) that one must be guilty of some crime in order to be punished (mens rea, and all that). Bzzzt, wrong. You pick up a hitchiker, get stopped by cops, the cops find a bag of grass in the hitchiker's pocket -- your car will get confiscated. This is clearly contrary to what most people think should be just and proper, and still these laws are still on the books and I am unaware of any serious effort to repeal them.

    the GPL adds rights by specifying conditions where duplication may be accepted. You're always allowed to give someone else more rights...

    Sorry, you are wrong. It is impossible to add rights -- you cannot give more than you have. You can transfer all the rights that you have, but you cannot grant additional rights because you don't have them to grant. Giving somebody a subset of your rights is easy and standard, but giving more is impossible.

    [hurriedly pulling on asbestos underwear] That's why the most free code is public domain code. Yes, its derivatives can be made non-free, but the code itself is as free as it gets. GPL most certainly does impose restrictions on its licensees and for all the talk about these restrictions being for the greater good, they are restrictions nonetheless.

    Kaa

    --

    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  165. Re:The problem of not caring... by Kaa · · Score: 2

    I'd really like to know how we can get a clear, concise, understandable explanation out to the public that will motivate them!

    I am of rather low opinion of American public (there is a very good description of it in Gibson's Idoru) and don't think we'll be able to make it care.

    However, a campaign on the basis of "Even when you buy it, it's not yours" could push the button of a lot of people. There is a strong feeling that if you bought something, it's yours to do with anything you please -- and DMCA breaks this.

    Kaa

    --

    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  166. Re:DeCSS & CPHack aren't illegal until October! by MindStalker · · Score: 2
    VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter.

    This is the part of the law concerning use of circumventing programs, and or circumventing thing manually.
    There is a seperate part of the law that has to do with the trafficing of such devices/programs, which has already gone into effect

  167. Re:A Small Bit On Freedom by MindStalker · · Score: 2

    My rights end where yours begin, your rights end where mine begin. You have the right to just about anything you want to yourself, but you don't own his head, so therefor without his express permission, I would recommend refraining to only beating your own head in, and not those of your friends or your wife (whom you also don't own). And if your not the wife beater you sound like, I apologize for the previous comment :)

  168. Re:DeCSS & CPHack aren't illegal until October! by WNight · · Score: 2

    It's not as much to stop modifying the list as it is to stop their competitors from using it. The competition in this industry is as harsh as with anti-virus programs, because the effectiveness of both tends to be judged by the number of sites/viruses they block, not by the actual job they do.

    So they probably just want to keep people from using their list... this IMHO would be better served by using sentinel websites. They could setup a porn site, without any links to it, and block it in their software. If their competitors' products start to block it, they just show a judge that the only way their competitors could have found that site would be to have read their list. Much like a map maker including fake culdesacs in rural areas to try to catch companies who would just copy their map instead of doing their own research.

  169. Re:You Own What You Buy by WNight · · Score: 2

    I imagine that one was because the box said that it was a personal edition. It's not like the user bought it, took it to work, and only then found out that it was a personal version. If the shrinkwrap is 'visible' beforehand, then it's not a shrinkwrap. The shrinkwrap term means a license you don't see till you break the shrinkwrap.

    If you believe otherwise, post a link to the trial info, I'd be interested in seeing.

  170. Re:You Own What You Buy by WNight · · Score: 2
    Might I introduce you to a word - tangible. Tangible means it's something physical you can reach out and touch, intangible means you can't.

    Just because something is intangible doesn't mean it doesn't exist. A law is intangible - it's just words on paper. But if you break a law, police officers, who carry very tangible guns and clubs, will come to haul you away.

    That's because the law is reality, even if you can't see it.

    Kaa: No, you don't. You get a license to use it.


    Here's where you go wrong. You don't need a license to use a program any more than you need a license to read a book. They're exactly the same from the point of view of copyright law.

    Kaa: I'm not comparing GPL to unlicensed use (which is basically illegal, anyway).


    No more illegal than buy a book and reading it. Anything not forbidden by copyright law is allowed. You only need to look at the license if you want to do more with it (copy it, etc) than is usually allowed or if you were informed beforehand that usage is limited.

    Kaa: Ah, I see.


    Good. Your slamming the other guy over his correct usage of the word 'rights' was silly and didn't accomplish anything except to make you look ignorant.
  171. Re:You Own What You Buy by WNight · · Score: 2

    Sure, having a copy is legal. But having the means to make the copy isn't. So they've essentially made fair use illegal.

    The problem with the DMCA is that any anti-copy protection measure is prohibited, even if required to exercise your rights.

  172. Re:You Own What You Buy by WNight · · Score: 2

    The commonly perceived reality that you OWN software that you buy IS reality. Sure, some megacorp may buy a few politicians and get that changed, but that's then and this is now. You currently own the software you buy.

    And shrinkwrap licenses have never (not once, not even for a second) been found to be valid. The only time there was even a chance was when the company sued a pirate, and based the claim on the shrinkwrap prohibition of piracy, not the statute. This was upheld, but only because the basic action was illegal, not because the shrinkwrap said so. In no other case has a shrinkwrap been uphelp.

    You're also wrong, the GPL imposes no more restrictions that an unlicensed program. It is assumed that all distribution is prohibited, except in the case of transfering ownership, or fair use of samples. The GPL simply gives the user more rights than the default (barely any). It's not as free as saying "Here, do *anything* you want with it" but it's a hell of a lot more free than not putting a license on it at all, in which case the assumption is that everything which can be forbidden is forbidden.

    If you don't like my word usage, don't waste my time telling me so. My terms are correct and if you disagree, you're just proving that you're either wrong, or pedantic.

  173. Re:You Own What You Buy by WNight · · Score: 2
    Kaa: [snip] ... "the reality is that people believe they own software/music/etc that they bought, so legal attempt to do it differently will fail". My point was that this reality is just a perception and as such could be easily changed.

    The reality is what happens. That things will remain this way forever because it's the only right way is the perception.

    If I punch a police officer, I will get arrested, that's reality. My perception that this will always be the way it works, or should be the way it works, is just a perception. I could believe differently but if I punched the cop again, the result would be the same.

    Kaa: It so happens that most everybody is selling software in such a way that the set of rights that you are buying is a license to use and not much more.

    You are making a point that a contract is enforceable only if a court agrees to enforce it and that's a problem with click-wrap sales contracts. Maybe. We don't know. But that's still the contract under which you are buying (buying, not using) software.

    The contract doesn't have to hit the courts to be invalid. If I draw up a contract, never show you, yet try to sue you for violation of this contract, do you have to take it to court to know it's bogus?

    If the buyer doesn't know there are additional restrictions imposed before the purchase, then those restrictions have no force. There was a similar case with a car rental agency. They had a list of what you couldn't do with the car, but they gave this 'contract' to you on the back of the receipt, which you didn't see until the transaction was finalized. It doesn't matter if they offered your money back if you read the contract and didn't agree, because the contract had no force. So anyways, someone did something that was on the list, the company sued them for damages (from a reasonable use of the car, not something stupid like lighting it on fire.) and lost, because the customer had no way of knowing, at the time of agreement, about these clauses, thus they were irrelevant.

    It's not hard to extrapolate from that to showing that all cases where you have a contract that one party doesn't know about are void. It doesn't have to go to trial each time.

    A shrinkwrap license, of EULA clickthrough, that you only see after purchasing the program and weren't specifically told the contents of before, is invalid. This is why the software companies want to push through a law to make these binding, because under current law, they aren't.

    If shrinkwrap licenses were valid, do you think they'd waste millions lobbying for a redundant law?

    Kaa: Again you are confusing the act of using something and the act of buying something. The analogy, in your terms, is not to reading a book, but to buying a book.


    Nope. Buying something gives you the right to use it in all ways that aren't prohibited by law or pre-existing (before or as part of the purchase) contracts.

    It's the old argument of, I can buy a book and burn it, or laugh at it, or read it, etc. The seller has no control over my actions. Copyright law does limit some things I can do with it, but those restrictions have nothing to do with the specific book or seller.

    Software is exactly the same way, except that it's more functional than a book, so some wise guy decided to try click-through licenses. But the software can't offer you anything of value (consideration in legal terms) to sign the contract, so it's void. They could offer you usage of the software, in trade for money, but you've already paid for, and have the right to use the software, so what they offer you has no value.
    They *could* offer extras, like a service contract, in trade for you agreeing to the EULA. But there'd have to be a way for you to use the software fully without agreeing, or they'd be using coercion (illegally withholding your rights) to force you to sign.

    There is *no* way under current law that a shrinkwrap or click-through license is valid.

    The GPL is a different animal because it allows you the usage you're entitled to, but if you agree to a further contract, it lets you do more.

    The GPL has more restrictions that freeware, but less than a book or un-GPLed program, because there's no way to legally distribute a changed copy of the book, without specifically contacting the author/publisher and asking. The GPL removes a step, offering you a contract, that you may choose to accept.
  174. Re:The problem of not caring... by plunge · · Score: 2

    But they came for your whiny cowardly ass at the end right? Then it's all good baby.

  175. Re:Same old, same old by hey! · · Score: 2

    By the way, my apologies for the HTML tags in the forgoing. I posted it extrans by mistake.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  176. Re:The Problem is by hey! · · Score: 2

    I can think of two analogies, one to cover DeCSS and another to cover Cyberpatrol.

    People routinely make fair copies of copyrighted materials for private use. I tape shows on my VCR for later viewing. I also audiotape some CDs to listen in the car. This is considered fair use, and as the article points out is why copyright does not conflict with the first amendment. What DMCA's anti TPM measures do, in effect, is to make it it illegal to own the equivalents of VCRs and tape recorders for future media. This cover the DVD case.

    In the CyberPatrol case, suppose that Ford shipped a defective car, and Consumer Reports analyzed this and published their results and testing procedure. What DMCA makes illegal is the equivalent for electronic products. You could still discuss things in generalities, but you couldn't give enough details for users of the product to verify your conclusions independently.

    Of course, it isn't that simple. What DMCA does is insidious. It does not ostensibly remove any of these rights. What it does is allow manufacturers to limit these rights by making the means to excercise them illegal.

    Analogies are almost always imperfect, but I think these cover the facts better than the proDMCA's assertion that without DMCA the electronic equivalent of breaking into a store and stealing books was legal..

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  177. Re:AI by infodragon · · Score: 2

    I disagree. Probably the best way to censor the computer you have at home is to install monitoring software. This software would log everywhere the person went.

    I know this is a privacy issue but it would be private citizens installing it on private computers for monitoring their children. It could also be a way of keeping enployees in check. Just display the logs of all the employees internet browsing, including the boss, in an easily accessable site. The system becomes self regulating.

    I've had experience with this. To stop somone from going to porn sites all I told them was that I could get on the computer and see every where they went. They never did it again. It has worked supprisingly well. If they were to have done it I would find out then the internet would be unpluged. Fear of being cought held them in check.

    --
    If at first you don't succeed, skydiving is not for you.
  178. Re:Your analogy is false by Steve+B · · Score: 2
    And of course their is such a thing as the "Right to make a profit".

    No, there isn't.

    If you fail to make a profit then it sucks to be you, but your rights have not been violated in any way.

    This point was made very neatly in Robert Heinlein's first published story, "Life-Line". The protagonist builds a machine that accurately predicts when someone will die. Naturally, the insurance companies are upset, and respond by filing a frivolous lawsuit (just like Mattel). I wish I had the story handy to quote the judge's decision blasting the plaintiff for trying to sell the notion that he has a "right" to make a profit despite the fact that changing circumstances have made his product obsolete.
    /.

    --
    /. If the government wants us to respect the law, it should set a better example.
  179. Re:Try this sentence by kaphka · · Score: 2
    Lessig is right. DMCA does not prohibit fair use. But (and this is a really big BUT) DMCA does prohibit unauthorized access for whatever purpose, be it fair use or not.
    Where does it say that in the law? The anti-circumvention portion, which I quoted from, specifically says that it is not illegal to circumvent protection measures, if such circumvention is necessary to allow "fair use". That supersedes the anti-circumvention provision itself.

    Is there another clause that says otherwise?
    --

    MSK

  180. Re:Try a different one by kaphka · · Score: 2
    But, Section 1201, Paragraph 2 has no such fair use exemption.
    That's an interesting twist. If your interpretation is correct, it would pretty much render the fair use exception moot, because we can't expect every consumer to individually develop his own DeCSS (or whatever.)

    Maybe "a work protected under this title" does not include such works to which the fair use exception applies? It's a stretch, but I can't imagine the law was really intended to say what it seems to be saying.

    Are there any legal types out there who could offer a better interpretation?
    --

    MSK

  181. The Problem is by HiroProtagonist · · Score: 2

    It is difficult for mainstream America to get their mind around this issue! This weekend I went home to visit the folks, & I was trying to explain the problems with the DCMA, & had a VERY hard time getting my point across.

    My father isn't a dolt either, he has a doctorate in Audiology & Speech pathology, and has a couple patents and inventions to his name. We need a simple analogy so that regular people can understand this issue!

    --
    --Remove chicken to e-mail
    1. Re:The Problem is by anatoli · · Score: 3
      If I buy a car, I can replace whatever part I want by an aftermarket equivalent. Suppose the original lightbulbs in the car cost $15 a pop and have an average lifetime of 100 hours. There's an aftermarket bulb that costs $2 a pop and have a lifetime of 10000 hours.

      Now the car manufacturer puts a little lock on the lightbulb compartment, and gives keys only to authorized shops. You say "Screw them" -- and rightly so! -- and break the lock.

      Now the car manufacturer puts a little digital lock on the lightbulb compartment. You say "Screw them"...but it's you who gets screwed. Why? Because they wrote a little haiku inside the lightbulb compartment. And you've circumvented a technological measure in order to gain access to the copyrighted work.

      Ok maybe you can prove in the court that you didn't really want to access their copyrighted work. All you wanted is to change a lightbulb. Maybe. But the lawyer will cost you much more than the lifetime supply of original lightbulbs.
      --

      --
      Industrial space for lease in Flatlandia.
  182. Re:Your analogy is false by radja · · Score: 2

    I disagree here.. someone buys the program and decrypts the list. someone buys a car and looks under the hood. where does the stealing come in?

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  183. Re:Your analogy is false by radja · · Score: 2

    And consumer magazines are criminal too, ofcourse.. someone may actually find out a certain product does not do what it's supposed to do, and decide not to buy it! Wow! more theft!

    //rdj

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  184. Re:DeCSS is stealing of the worst kind by radja · · Score: 2

    Nope. I don't get it. I am legally allowed to build my own recordplayer. I can build me own green/red 3d glasses for those neat 3d pictures. And I am also allowed to read a book through whatever glasses I happen to wear or not wear. But I can't build my own dvd player, even though I already payed for the software (movie). hell.. I can even build my own movieprojector or VCR, which does much the same thing. apparently the medium decides the copyright, which is strange to say the least...

    //rdj

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  185. Re:one can only hope... by radja · · Score: 2

    When I look around, I already see a backlash. Unfortunately this backlash is not against companies, governments or organization, but rather seems to be directed against the US. The place where companies can do what they want, and where individuals don't count. The place where I can walk the streets with an assault rifle, yelling: "Hitler was a l33t d00d!!", but cant even get a decent beer until I'm 21. Where I can practically get arrested for walking around with a porn pic on my t-shirt for fear of hurting the children. The backlash is already here, and I fear there is not much that can stop it.

    //rdj

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  186. Re:What's wrong with hamsters? by radja · · Score: 2

    "That's perfectly normal, sir. That engine is supposed to squeak"

    nuff said....

    //rdj

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  187. Re:Here we go again by radja · · Score: 2

    If I buy a car, I am allowed to look under the hood. If I buy food, I can look what it's made of. If I buy a computer, I can take it apart. But in the US I have no rights whatsoever over a prgram that I bought. I can't look under the hood, see what's in it or anything. Nobody is forcing companies to do anything, but some companies are forcing consumers to stand up for their rights. Fine, you have the right to own a gun.. but before long that could be the ONLY right you have left as an individual. All other rights are only for companies.

    //rdj

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  188. rot13 and the Halloween documents by theonetruekeebler · · Score: 2
    The DMCA could be the most profoundly damaging tool ever used against investigative journalism. If it is illegal to decrypt something copyrighted, by even trivially encrypting internal corporate memos like the Halloween documents or the tobacco companies' executive briefs on the deliberate manipulation of nicotine levels in cigarettes, corporations can provide themselves powerful protection against leaks. Publishing any part of a damning--but previously encrypted--document would be sufficient evidence of a criminal activity; to wit, the unauthorized decryption of those documents, that RJR could sue a newspaper publisher for millions, and possibly win.

    If an employee uses authorized software like his e-mail reader to decrypt a memo, then print it, it could still be illegal. He was using the software in an unauthorized manner; to wit, decrypting proprietary copyrighted material to deliver it to someone outside the company.

    Don't forget that it was the press, not the government, that got the first evidence of astroturfing, nicotine doping, the Love Canal coverup, mercury dumping, "embrace and extend", Unsafe at Any Speed, planned automobile obsolescence, and countless other example of unconscionable behavior on the part of American and international corporations. And it was the press that exposed Nixon's illegal bombing campaigns and the Watergate coverup. Could he have used parts of the DMCA to fight them off, by handing them an encrypted tape then, having them arrested as soon as they broke it?

    Unless the courts strike down these specious restrictions on "fair use", US citizens are badly, badly screwed, by their own government, on behalf of monied corporate interests.

    --

    --
    This is not my sandwich.
  189. Paradigm Shear by ken_i_m · · Score: 2

    Let me see if I have this straight. Some folks who got very rich by exploiting old school control and scarcity economics bought themselves a law that protects their gravy train. The folks who comprise the courts were appointed by the same politicians who sold themselves in the form of the DMCA and only considered candidates for said courts that have gone through the "classic education" system and therefore don't understand the new paradigm. All these folks live in the vacuum known as "The Belt", go to the same cocktail parties, and rehash the same old school concepts as if doing so makes these ideas new and fresh. Now . . . what was the question again?

    I think, therefore, ken_i_m

  190. Re:A point we've overlooked so far by G27+Radio · · Score: 2

    DTV will be a reality in the near future (here in finland they are starting broadcasts real soon), now imagine that broadcasting companies start embedding a copyprotection into the bit stream of their broadcasts, as with CSS it needn't be perfect it could even be blantanly easy to crack but thanks to the DMCA, videotaping these kind of transmissions would be illegal. (well at least in the states, not here though)

    This is right on the money except for the part where you think it will only by illegal in the US. If it happens here it will spread.

    The idea is to make everyone pay every single time they watch something. No more going out and buying that movie your kids want to watch 500 times. If they want to watch it 500 times, you pay 500 times. No more 5 day video rentals. If mom, pop, bro, and sis all want to watch the movie but can't on the same schedule, too bad--pay 4X. You get an important phone call or are called out on an emergency, too bad you can pay again to watch the rest later (2X)... theoretically. But perhaps they don't intend to rip us off that bad. who knows...

    By the way, this part is very important: If you must pay each time you watch something, then there will need to be a way to track each thing you watch. And circumventing the tracking will be illegal as well. Privacy concerns anyone?

    I hope I'm wrong, but I think this is where their heading with this whole DMCA thing.

    numb

  191. one can only hope... by G27+Radio · · Score: 2

    It really disgusts me the way the DMCA is being used to control information. It's been said for years that information would become the center of our economy. Just as our information infrastructure really starts taking off we get slipped a law that tilts the playing field even further in favor of big corporations. This is not coincidental. It's not about piracy, and it's not even about money as much as it is about control of information. To be specific: in the "digital millenium" gain control of the information first, then the power and money will follow. The Linux/OSS industry serves as a great example of how powerful a force information (knowledge, data, code, etc) is and how it can be so effectively turned into money and power.

    And the big guys aren't as stupid or short-sighted as they'd like us to believe. They know that most power and money will be derived from information now. This is why they're all fighting for control of the flow of imformation be it through controlling distribution, controlling production, censorship. Businesses and government have plenty of people that are all about power and money and understand the new way to get it. Control of information and/or it's distribution in any way automatically gives you power and as I said the money will follow. This is not a new idea, nor is it my own. It just happens to be truer than ever these days.

    One can only hope that the aggressive bullying going on by Mattel, the RIAA, the MPAA, etc will backfire on them. Maybe eventually people will see what's going on and get pissed off about it. Getting the word out is the hard part. The sad thing is that the major news outlets probably have more to gain by being able to stake a claim on their area of distribution so they're unlikely to go out of their way to encourage freedom of information distribution for the small guys.

    How about lobbying for laws to protect our freedom? It seems like all the laws I hear of are all about taking away freedoms. Are we too free or something? Is that why? I'd personally like to see some new laws protecting the free flow of information. There's just way too much incentive to control the flow of information these days. And how do you convince the average person that information is that important? Sorry for the rheotoric but I'm a little aggravated right now.

    numb

  192. A point we've overlooked so far by ruppel · · Score: 2

    The entire DeCSS affair and the other cases around the DMCA have generated a lot of fuss and made people re-think copyright issues, fair use definitions, the legality of region coding on old movies etc. etc. In all of this there is one development which hasn't gotten enough attention in my opinion, especially since its impact is truly gigantic in comparison to the DVD dilemma. The sentence pointed out in this /. story entails the seed of enormous profits for the MPAA and various other corporations in the film/tv-media industry. combine the statement that "digital copyright protection may not be circumvented by code/technology even if fair use would allow the use of said material" with two words: "digital television". DTV will be a reality in the near future (here in finland they are starting broadcasts real soon), now imagine that broadcasting companies start embedding a copyprotection into the bit stream of their broadcasts, as with CSS it needn't be perfect it could even be blantanly easy to crack but thanks to the DMCA, videotaping these kind of transmissions would be illegal. (well at least in the states, not here though) be afraid, (no kidding) be very afraid...

  193. Re:Your analogy is false by TheCarp · · Score: 2

    > Firstly, please do not add breaks at the end of each line.

    Fine just this once...really the slashdot comments box needs to be much larger. Personally, I prefer narrow collumns of text, easier to read.

    > Secondly, our economy is already strangled by
    > the slew of so-called "consumer rights"
    > which are basically ways for the government to
    > exert its control

    I am not asking for any "government control" in
    fact I am arguing AGAINST government control.

    Capitalist ideas (which I do fundamentally
    disagree with) say that you should be able to
    sell your product. Fine. What I am arguing is
    NOT that they should not be able to sell a
    product, it is that they should NOT be allowed
    to lie about it.

    Market forces alone are IN THEORY enough to
    stop these things. The fact is, IN PRACTICE ,
    they are not. Companies have found that it is
    more profitable to make shoddy product and
    hide the fact that its shoddy than to actually
    compete and make a good product.

    > And of course their is such a thing as the
    > "Right to make a profit".

    No you have the right to TRY and make a profit.
    Whether you make one or not is completly a
    differnt story.

    What you are defending is the right of a company
    to stop consumers from looking at their products
    and making informed decisions.

    Why is it that the only recognized "individual
    liberties" are the "right to be profitable"?
    Should I not have the right to speak out?

    If you make a car that is unsafe, shouldn't I
    be able to tell people why it is unsafe? Should
    you be allowed to make untrue claims about your
    product?

    Now, I am not asking for government control. I am asking for the removal of a government control. The removal of a control that serves NO purpose except to allow companies to hide the defects of their products from the public.

    Just because we are "capitalist" doesn't mean that
    profit can be our only motivation. What is wrong
    with a person publishing information to help
    people make informed decisions?

    There are some things that are just more
    important than a companies "ability to profit"
    and if they violate these things, then they
    deserve what they get.

    --
    "I opened my eyes, and everything went dark again"
  194. Re:Here we go again by TheCarp · · Score: 2

    > Yet another story about "Your Rights Online"
    > which, translated into /. speak, is "My Right To
    > Not Pay For Anything", which admittedly isn'
    > quite as snappy.

    Not only is it not as snappy, its not an argument
    that anyone has actually made, except you in your
    straw man.

    Do you have no concept of the fact that other
    people think differently then you? Is your view
    on the way things "should be" the only possible
    "correct viewpoint"?

    I am sorry, I don't agree. I recognize, yes. If
    you create something, you have the right to do
    whatever you want with it. However, I do not
    recognize your claimed "right" to tell other
    people what they are allowed to do with their
    copies of it (assuming you allowed them to have
    copies).

    I can't really speak about this in a legal sense
    because I am no lawyer and the body of law on
    the subject is (as usual with law) much more
    large and convoluted than even some of the more
    interested people, like myself, have time to
    actually read.

    What you are asking for is the "Right to restrict
    what other people can do". That is not a right
    that I recognize. (unfortunaly my government may
    in some circumstances recognize this suposed
    right, however, my government has never actually
    represented my interests...but thats ok...I don't
    represent their interests either. (they don't
    recognize my rights to do what I want, I don't
    recognize their right to tell me what to do...its
    a weird relationship...we just ignore eachother
    mostly...)

    Anyway,...noone is arguing for the "Right to have
    everything for free". Just simply arguing that
    just because you worked on something, doesn't
    give you the right to bully other people around.

    As a matter of fact, I have read a small bit of
    copyright law, and some descriptions of it by
    people who have law degrees and actually understan
    the legal mumbo jumbo.

    Even copyright law doesn't say you "own what
    you make". It says you "hold copyright". Its
    a limited time thing. it is not "property".
    Is there any concept in real physical property
    that says "75 years after the person who claims
    the propery (or builds it, makes it) dies, it
    becomes public domain for anyone who wants it,
    even if the builder has living relatives who are
    using it at the time"?

    Talking in terms of "theft" and "property" is
    just plain wrong. Its not.

    --
    "I opened my eyes, and everything went dark again"
  195. Oh, but you missed the point by guran · · Score: 2
    If I buy a commercial software, or a music CD. I may not distribute any copies of it.
    I may, however, make copies for my *personal* use.

    The copy that I use in my car stereo is legal.
    The backup copy of my software is legal.
    The review (including small quotes) I publish about the book I read is legal.
    The warning I publish about documented unwanted side effects of a product is legal. (if my claims are true)
    Teaching others what I have learned at a course is legal (as long as I do not copy any material)

    Your mileage may vary depending on jurisdiction, but these are examples of *legal* copies. aka fair use.

    "They" want the legal means to restrict our rights, so that we can only do what we are explicitly allowed by "them". Not what we want to do, not what the law otherwise allows, not what we migt need to do in the future (after the company holding my keys has gone under).

    Only what they explicitly allow.

    Nothing else.

    --

    All opinions are my own - until criticized

  196. Re:The problem of not caring... by beagle · · Score: 2
    When it comes to censoreware, they are a little more concerned, but it always comes back to "I'm not affected, and it's probably good for my kids."

    Here's the real problem with not caring:

    • They came first for the Communists...
      but I didn't speak up because I wasn't a Communist.
    • Then they came for the Jews...
      but I didn't speak up because I wasn't a Jew.
    • Then they came for the Unionists...
      but I didn't speak up because I wasn't a Unionist.
    • Then they came for the Catholic...
      but I didn't speak up because I was a Protestant.
    • Then they came for me...and by that time...
      there was no-one left to speak up for me.

    This is a quote from Rev. Martin Niemoller, commenting on events in Germany 1933-1939

  197. BTW, Mattel is getting rid of Learning Co. by shario · · Score: 2
    By the way, have you people noticed the news yesterday (CNNfn story here)? Mattel is planning to sell it's software company, Learning Co., which is the maker of Cyber Patrol. Learning Co. made $300 million loss last year, and I wouldn't be surprised if one of the factors leading to the decision to sell the company would be the bad reputation Mattel is getting from it, and all the trouble with legal hassle.

    I tried to submit the story but it got rejected, I guess there's been too much Mattel pounding already :)

  198. America uber alles? by dabadab · · Score: 2

    There's something about this CPhack issue that really disturbs me. One of the guys creating cphack is from Sweden and the other is from Canada. Note that neither of these two states belong to the USA. The DMCA is a US law and as such it is supposed to be valid only for US citizens. Yet it seems that this case heavily involves DMCA that is not supposed to be valid for these guys? What's next? An american entity suing dutch coffee shops on the basis that marjuana is illegal in the US, or what?

    --
    Real life is overrated.
  199. Controll == Money by kwsNI · · Score: 2
    Yes, its still about money but also control.

    And why does the MPAA want control. To make more money. Yes, I know it's a little circular, but in the end, everything the MPAA is doing is for more profit on their end.

    kwsNI

  200. Anticircumvention and swimming pool fences by dpilot · · Score: 2

    remind me of each other.

    For insurance purposes, the swimming pool has to have a fence, it has to be a non-trivial fence, and it has to be locked. You have to have demonstrated not just intent, but reasonable measures to prevent accidental drowning by unauthorized swimmers.

    Now apply it to the anticircumvention measures of the DMCA. They haven't said how hard the electronic publishers have to try to protect their art. Can they encrypt the data by XORing with "DMCARulz" and call the data 'protected'?

    From what I see, they can. One could argue that the CSS key used to develop deCSS was 'trivially' protected, almost as bad as the XOR encryption example.

    One could also argue that the owner of a swimming pool that lightly protected would be readily open to lawsuit.

    There, I've just Rot13'ed my data. Now I consider it encrypted and protected. By pressing the Rot13 button on your newsreader after October, you're breaking the law. Those who write and distribute newsreaders are breaking the law, now.

    --
    The living have better things to do than to continue hating the dead.
  201. Re:Try a different one by Anomalous+Canard · · Score: 2

    The MPAA v. Goldstein et al case was based on this very paragraph of the DMCA. The judge wouldn't listen to "fair use" arguments in the preliminary hearing because "fair use" is a defense to copyright infringement and the defendants were accused of distributing means to bypass controls not copyright infringement.

    The answer to this is the Sony Betamax case (sorry, I don't have a proper citation) in it the Supreme Court held that if there are non-infringing uses to a technology, it can not be held to violate copyright to distribute it. Essentially, the EFF needs to get someone to declare at least this paragraph of the DMCA unconstitutional.

    Anomalous: inconsistent with or deviating from what is usual, normal, or expected

    --
    Anomalous: deviating from what is usual, normal, or expected
    Canard: a false or unfounded repor
  202. Re:Try a different one by Anomalous+Canard · · Score: 2
    But, Section 1201, Paragraph 2 has no such fair use exemption. It may be fair use to use DeCSS on a copy that you have purchased, but Paragraph 2 makes it illegal for anyone to distribute a means to accomplish your fair use. Of what good is the fair use right to decrypt your DVD or your CyberPatrol list if you have to get an advanced degree in cryptoanalysis to do it?

    (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--

    `(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;

    `(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or

    `(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.


    Anomalous: inconsistent with or deviating from what is usual, normal, or expected
    --
    Anomalous: deviating from what is usual, normal, or expected
    Canard: a false or unfounded repor
  203. Lessig for Supreme Court! by Anomalous+Canard · · Score: 2

    I suggest that we plan to conduct a letter writing campaign to promote Lawrence Lessig as a candidate for the next open seat on the Supreme Court.

    Lessig: He Gets It.
    Anomalous: inconsistent with or deviating from what is usual, normal, or expected

    --
    Anomalous: deviating from what is usual, normal, or expected
    Canard: a false or unfounded repor
  204. Re:Try a different one by Anomalous+Canard · · Score: 2

    Problem is that the DMCA makes it so that there a[re] no non-infringing uses of a program designed to break copy protection, even when there are non-infringing uses for the results.

    I think you are missing the point of this thread. Section 1201 Paragraph 1 says that you can use such a program if your use is a "fair use" but section 1201 Paragraph 2 makes it illegal to distribute such a program whether or not is has fair uses. I.e. if you can write it yourself, you may use it, but you can't give it to any others.

    This (Sec. 1201 Para. 2)is where I find that the DCMA is in conflict with Supreme Court precedent and I hope that a court will so rule.

    Anomalous: inconsistent with or deviating from what is usual, normal, or expected

    --
    Anomalous: deviating from what is usual, normal, or expected
    Canard: a false or unfounded repor
  205. Yet another misleading Slashdot story by NaughtyEddie · · Score: 2
    The DMCA does not "allow Mattel to claim the rights to CPHack".

    Mattel "bought" the rights to CPHack in settlement of their case. This is a unique aspect of this specific case and bugger-all to do with the DMCA.

    I wish the Slashdot editorial would read the stories they link to before commenting upon them. They might get a reputation for sensationalising the news they report ...

    --

    --
    It's a .88 magnum -- it goes through schools.
    -- Danny Vermin
  206. Re:"Effective" access control by Frank+T.+Lofaro+Jr. · · Score: 2

    Read the DMCA. "Effectively" controls access means this:
    17 USC 1201(a)(3)(B):
    a technological measure ''effectively controls access to a work'' if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

    --
    Just because it CAN be done, doesn't mean it should!
  207. Problem is: by www.sorehands.com · · Score: 2
    To really determine what is fair use or fair access, you will have to litigate this.

    And as Mattel demonstrated in the CPHack case, a large company will bully the little guy.

    This will really be litigated when a large company goes against another large company.

  208. transfer by www.sorehands.com · · Score: 2
    The rights will most likely be transfered with Microsystems Software.

    It's possible that they might screw it up on the sale.

  209. Is the list encryption copy protection? by www.sorehands.com · · Score: 2
    The list is not really encrypted, but it's scrambled.

    Mattel has to claim that the list is scrambled to protect the work.

    That this list is protectible.

    But it doesn't matter anyways.

    Reading the text, it includes, "

    This prohibition on circumvention becomes effective two years after the date of enactment, on October 28, 2000.
    ".

    I just looked at my watch and checked my RTC and found that it's April 4, 2000.

  210. A small victory for the truth! by -Harlequin- · · Score: 2

    After writing a letter (about Mattel etc) to the largest newspaper in my area, the following article appeared:

    http://www.press.co.nz/2000/14/000404c00.htm

    It reads almost a bit like an abbreviation of the letter I sent, covering the points I made in the manner I made them, and so is one hell of a morale booster regarding "What Can I Do? (Preferably From The Comfort Of My Armchair)".

    If you write a letter to your news provider, containing a summary, research, links, etc., then they not only have your point of view, they have quick launch-pad for their own fact-finding, meaning that in order to meet a deadline, they don't have to just grab what Mattel is trying to tell them and write about evil hackers trying to expose innocent kids to obscenity.

    Keep a constant stream of information going to the media, this way our side has at least a chance of being heard. If they have to go out and look for our side of the story, vs Mattel delivering info to their doorstep, chances are the deadline leaves Mattel's version predominant. The MPAA is walking all over DeCSS coverage and it seems apparent that many people in the press have no idea DeCSS is anything but a pirate's DVD-copying utility...

    Don't stop writing - sometimes it works.

  211. A Small Bit On Freedom by Anonymous Coward · · Score: 3

    This may be one the more highly rated AC posts of all time.

    Andy Walton wrote this, many years back.

    ======

    > Right. Freedom without responsibility is no freedom at all.

    And responsibility without freedom is not responsibility at all.
    Totalitarian control of human beings means the death of responsibility,
    as everyone is "just following orders."

    <engage rant mode>

    I would rather be a brain-dead junkie in a gutter with a sticky copy of
    Hustler as a result of my OWN stupidity than a clean and well-fed
    automaton in a tiki-taki house with my actions dictated by you or
    another self-anointed earthly representative of God's Will ((C), All
    Rights Reserved). I want to run through parking lots like a lunatic,
    fall and scrape my knees. I want to color outside the lines. I want to
    cover myself with lime Jello and run down the street shouting random
    lines from Finnegan's Wake (are there any non-random lines in Finnegan's
    Wake?). If I want to smack my skull against the wall, damn it, it's my
    skull and my wall. If I want to sing the Leave it to Beaver theme in
    Esperanto while whacking off with topless pictures of Sandra Bernhart
    and standing ankle-deep in a galvanized steel tub full of Kraft Honey
    Dijon salad dressing, that's none of your business.

    And if this means that I'll be shot as an anarchist when the revolution
    comes, so be it; I'd rather have the worm-eaten stench of a private tomb
    than the prim, sterile, chrome-lined common tomb which people like you
    want to make of the Earth. And when they decide that you're not quite
    orthodox enough, I'll save you the next spot over up against the wall.

    <rant mode off>

    Clear enough?

  212. Re:You Own What You Buy by Effugas · · Score: 3

    > If you help or facilitate the breaking of
    > copyright protection, you have violated the DCMA.

    This ain't nothing new, actually. Copier manufacturers, cable stealers, etc. have been getting this for years. But cable is an ongoing service; DVD's are a product you buy. The idea that you're only allowed to use a product you buy in ways that the manufacturer has deemed profitable to them--and that you're not allowed to give the manufacturer the finger--yeah, that's new.

    --Dan

  213. AI by Forge · · Score: 3

    Censorware is a natural application for artificial intelligence if ever there was one. In fact you cannot have effective Censorware without employing a reasonably mature AI.

    All the censorware really has to do is read through each page and look at each picture before putting it on screen to figure out whether it is porn or not. It takes some skill to know the difference between an artistic nude and a XXX pix.

    Personally I like the whole human supervision thing. Let your kids know that mom or dad or the made or big sis could just walk in and see what he is viewing before s/he has a chance to react. More importantly provide that strong moral base that lets a child not really care about porn.

    This reminds me of the situation with Alcohol. In the west liqueur is restricted from the kids. Mom and pop drink but they don't dare let the child near the stuff. The result is that he sneaks off to sip a little while nobody is looking and grows up into a drunk lying across the barroom door. Jewish kids on the other hand get wine at major feasts ( Passover, Wedding etc... ). The result is that they get to see this as something they can have if they want to but which has a foul taste. The result is fewer drunks.

    Anybody want to take bets as to the relationship between censorship and the higher rates of all sexual dysfunction in the US? If not for America, it wouldn't have occurred to me that there is a link between sex and chains.

    --
    --= Isn't it surprising how badly I spell ?
  214. Re:really? by troc · · Score: 3
    It is a US law but that doesn't stop countries like the UK (where I live) to follow suit (pun intended :)


    We have our own bill of weirdness here, the RIP bill which is designed to allow aceess by the authorities of encrypted data - it's supposed to help catch rapists and child molesters etc. The out come of it is such that they can force you to hand over your keys etc or they will chuck you in gaol for a coupel of years - if you've lost or forgotten the key, you have to prove it (how does one prove they've forgotten a key?).


    Problem here is that 2 years is less that a sentence for child molesting etc.......


    For more information, go here


    Erm, my point was that this bill will hopefully be ruled against the EU human rights acts :)


    So there you go - it's not just the States that puts out stupid, short sighted bills!!


    Troc

    --
    Troc's dubious podcast and blog: http://www.trocnet.net
  215. Re:"Effective" access control by PhilHibbs · · Score: 3

    I think a more plausable attack on these lines would be "It doesn't effectively control access, because the access control is utterly undiscriminating in the case of fair use - it blocks fair use as well as unauthorised access, therefore it is not effective within the parameters that it must operate. It violates the First Sale principle."

  216. Re:The problem of not caring... by Jeffrey+Baker · · Score: 3
    This in an excellent analogy. What if it had been illegal to critically examine the Corvair in Unsafe at Any Speed?

    -jwb

  217. Mattel by Bob+McCown · · Score: 3

    Back when the CyberPatrol thing was going on, I sent a very polite letter to Mattel telling them that I would no longer by any of their products because they were using their product to effectively censor criticism of their product etc. Finally, 2 days ago, I recieved a formletter from Mattel basically saying "for questions on our products, call this number"....

    Great public relations, ignore the problem and it'l go away....

    -=Bob

    1. Re:Mattel by markt4 · · Score: 3

      Actually, now it seems to be "sell the problem and it'll go away". See this article. Mattel is trying to sell The Learning Company, producer of CyberPatrol.

      Let's hope that whoever buys The Learning Company has a better understanding of the value of opening the blocked sites list than Mattel did. Anybody know if the CPHack settlement was with Mattel or The Learning Company (or both)? I wonder if the terms of the settlement will pass to the company buying The Learning Company.

  218. Is the government also restricted by DMCA? by geophile · · Score: 3

    OK, let me see if I understand this. A child pornographer has collected a gigabyte worth of disgusting pictures. He took the pictures himself and copyrighted them. He encrypts the pictures with a weak encryption scheme and sells them to other perverts. The FBI wants to catch this sicko. Does the FBI violate DMCA if they decrypt the pictures?

  219. Re:Try this sentence by Kaa · · Score: 3

    In other words, Lessig was wrong, the DMCA does not prohibit fair use.

    Lessig is right. DMCA does not prohibit fair use. But (and this is a really big BUT) DMCA does prohibit unauthorized access for whatever purpose, be it fair use or not.

    Think about some beer in a fridge. You can drink the beer -- no problem, it's legal. However, opening the fridge happens to be illegal. No, nobody is trying to keep you from drinking that beer, no, no, you have full rights to this beer, it's all yours -- you just can't open the fridge.

    Kaa

    --

    Kaa
    Kaa's Law: In any sufficiently large group of people most are idiots.
  220. Non Americans: The DMCA comes soon to your door! by messman · · Score: 3
    Here is the preamble of the DMCA:

    To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.

    As you can see, the DMCA is the result of a World treaty on intellectual property. It is not an only-American thing. It's just that America implemented it first, but soon everybody in the World will be hit by it.

    Be prepared, and don't laugh at Americans.

  221. Same old, same old by hey! · · Score: 3

    It's this attitude that you have a right to pirate stuff and crack other people's programs that has led to laws like the DMCA and UCITA. They were created in response to the illegal activities of computer hackers to provide a measure of security for other people's works.

    This argument suffers from the same problem that every other pro-DMCA argument I've seen has.

    If these activities were <i>illegal</i>, then why why were <i>new</i> laws necessary?

    This is like the argument that without DMCA, it was legal to do the equivalent of breaking into a bookstore to steal the books. It fundamentally misrepresents what DMCA is about. DMCA is not about making piracy illegal. Piracy was illegal before DMCA, and it is no <i>more</i> illegal after. DMCA is about giving the copyright holders' lawyers more powerful tools to combat piracy.

    So far so good, but there's an old Chinese proverb: many laws make many criminals. When you hand somebody a powerful legal weapon, you have to ask how purpose specific is it? The problem with DMCA is that the tools it gives the copyright holders aren't particularly beneficial to preventing piracy, but are very powerful in restricting the normal, non-infringing and heretofore legal use by consumers. Of course, this is economically beneficial to the producers of copyrighted materials. Otherwise they would not want it so badly. However, just because it increases the profits of copyright holders is not sufficient to make it a good law.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  222. Re:The problem of not caring... by mpe · · Score: 3

    the public at large is totally unaware that their rights are being taken away. In the censoreware example, people for the most part actually think that it is beneficial for their children to have censoreware installed in public places. And like much of the everyday technology they use (toasters, cars, TVs) they expect that it will just work. It never occurs to them that it could be blocking something legitimate!

    However what is actually being taken away is the right of people to examine such products and tell people if they actually work. As I have said before I'm sure the US motor industry is wishing they had though of lobbying for the same kind of laws in the 1960's.
    Maybe in needs explaining that an absolute right to examine and critque any product is an essential part of any free society. With the only people who benefit from silencing of critical examination of any product, be it a car, a piece of software or a pen are those who produce shoddy products and falsely advertise them.

  223. Try this sentence by kaphka · · Score: 3
    From the DMCA, section 1201, B:
    The prohibition contained in subparagraph (A) [anti-circumvention] shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title...
    In other words, Lessig was wrong, the DMCA does not prohibit fair use.

    Of course, it goes on to say that it's up to the Librarian of Congress (?!) to decide, in advance, what constitutes circumvention for the purpose of fair use. That hasn't happened yet. But then again, as others have pointed out, the anti-circumvention provisions of the DMCA haven't taken effect yet anyway -- not until October.
    --

    MSK

  224. Glad I don't live in the states by CokeJunky · · Score: 3

    This kind of article scares me.

    American law has always bent the way of the corparation and ensures that they make as much money as possible, at the expense of the rights of the individual.

    The only real case hear has nothing to do with "protecting the morals of our youth"... It was a huge embaressment that a couple of programmers made a tool to render the software useless. Would you as a parent or an institution buy software that was easy to circumvent?

    I offer my congrats to the authors of CPHack on GLPing it and then seeling your "rights" to the program to Mattel, that has to be the funnyest legal hack I have ever heard of.

    Frankly what we need to protect the morals of our children are parents that actually spend time with their kids, not plop them down infront of a TV or computer as an e-babysitter. If we take the time to teach our children right from wrong in the first place, such big-brother-esque software as CyberPatrol would not be neccessary.

    If mattel wanted to "protect the morals of our children" They should pull their entire barbie line of products, for those give young girls a wrong idea of beauty, that will eventually lead to problems such as Anorexia and Bulemia. Mattel and it's group of companies sell many toys that espouse violence... Mattel has never cared about morals in the first place, only the bottom line.

    --
    More Caffeine. NOW
  225. Re:Your analogy is false by TheCarp · · Score: 3

    No no no.

    If a consumer decides, based on information that
    you give them, not to buy a product. Then you have
    not "stolen" from the company.

    The company did not "lose money" they simply did
    not "make more". No company has a right to any
    money that they do not already have.

    Under you rlogic any sort of consumer protection
    advisories should be outlawed.

    I am sorry, but a consumer has a RIGHT to know
    about a product before they buy it. They have a
    RIGHT to be able to make sure that it doesn't do
    nasty things. Furthermore, they have a RIGHT to
    NOT buy it, if they find that it does something
    other than what it is advertised as doing.

    If the company loses money because people find
    out what it REALLY does, then it is their own
    fault for making a bad product. Consumers have
    a right to know about these things.

    There is no such thing as a "Right to make a
    profit". If they want profit, they should have
    to work for it, and make something worth buying,
    not just make a bad product and supress any
    dissenting opionions.

    --
    "I opened my eyes, and everything went dark again"
  226. Just like the movies. by kd5biv · · Score: 3

    Anybody remember what movies were like in the 50's? A few easily offended people decided they didn't want anybody to see anything naughty at the picture show, and so the movie industry had to put up with a couple of decades of official censorship by people whose self-appointed duty was protecting the morals of our innocent children.

    Let's hope it takes them a little less than 20 years to realize they're making the same mistake ..

    --


    73 de N5VB (ex-KD5BIV) AR SK
  227. I think there's a simple technical solution by anatoli · · Score: 4
    to the DMCA problem.

    What is needed is a programming language that closely resembles English (or other natural language). Not like COBOL, much closer. So closely that programs in that language would be (mostly) correct English texts. It is not necessary that this language will be easy to program in. OTOH it should be very easy to read what is written in it, even for non-programmers.

    Here's how it should look like:

    1. Let X be content of file "censorware.exe"
    2. Let Y be byte number 2745 of X
    3. Let Z be Y added with 73091
    4. Let T be byte number Z of X
    Publish that in an (hypothetical) Online Journal of Applied Cryptology (a refined version of sci.crypt).

    Now that's speech, isn't it?

    Disclaimer: I'm not a lawyer. I'm not even an American.
    --

    --
    Industrial space for lease in Flatlandia.
  228. You Own What You Buy by Effugas · · Score: 5

    [Damnit. Two really bitter Slashdot posts in a row. This doesn't bode well.]

    You know, the more I think about this, the more I'm beginning to realize this is really the argument we need to start making.

    There are lots of complicated arguments I could make, but I think I'd rather just leave it at--

    If I bought it, it's mine. If I want to sell it, it's mine to sell. If I want break it into little tiny pieces, if I want to put it in the microwave, if I want to worship it as a proclaimation that God himself is going to touch down in a UFO on Main Street at 2:48PM, damnit, I don't need whoever sold it to me's permission to believe in whatever the heck I want to in their product!

    See, that's the nice thing about capitalism. There's no central planner to say that you have to sit here, or go there, or be nice. There's no excessive transmission of executable context, to speak in geek terms. You pay the cash, you get the product.

    Without passing judgement on the rightness or wrongness of communism, there's some delicious irony in that while Open Sourcers are supposedly the biggest backers of communism, we're the ones screaming our brains out over software freedom while the biggest companies in the world lick their chops on the concept of being The Central Planner.

    After all, what are these newfangled "circumvention-resistent" devices but a yoke against which our core freedoms as consumers are jerked away? Imagine, for a moment, that Master(a fine purveyor of padlocks) was powerful enough to extract a licensing fee from any makers of lockers, safes, and doors. Imagine you needed to prove, *to the lock*, that the object it was being placed on was licensed before you'd get your key.

    Lemme tell you what'd happen, real quick: People would figure out how to bust the key--which they bought, when they bought that lock--out, so they could go about their business of doing whatever they damn well pleased with *their* *property*.

    The only reason these laws are getting passed is because people seem to think this is limited to just tech stuff.

    We're talking about *basic* *freedoms*, here. We're talking about *the right to private property*. When I buy a master lock, I buy the lock, and I buy the key.

    When I buy a DVD, I buy the lock, and I buy the key. They're right there on the disc. Sure, they're made difficult to get to, but I've got 80 head screwdrivers for the reasons of custom screw designs *BUILT* to make it difficult for me to get to things. But ya know what?

    If I wanna break my car, it's my car to break. If I wanna throw my DVDs in the Microwave, it's my aluminum to fry. If I wanna use the keys on that disc for something The Manufacturer Just Wouldn't Approve of, damnit, it's my disc, they sold it to me, they took my money, they can go away. If I steal the keys off of some DVD I haven't bought, then I'm a thief. If I use the keys on some DVD I bought...

    THOSE.
    WERE.
    MY.
    KEYS.

    I'm going to sleep. Maybe when I wake up this nightmare of idiocy will be over.

    Yours Truly,

    Dan Kaminsky
    DoxPara Research
    http://www.doxpara.com

  229. DeCSS & CPHack aren't illegal until October! by PhilHibbs · · Score: 5
    "code that cracks a protection device is criminal under the DMCA even if the use of the copyrighted material that the code enables would be fair use."

    `Sec. 1201. Circumvention of copyright protection systems

    `(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter.
    (emphasis added)
    Full text:

    http://www.eff.org/pub/Intellectual_property/DMCA/ hr2281_dmca_law_19981020_pl105-30 4.html



  230. The problem of not caring... by raygundan · · Score: 5

    The largest problem facing those of us who are aware of issues like this (Censoreware, DVDs, the DMCA in general, etc...) is that the public at large is totally unaware that their rights are being taken away. In the censoreware example, people for the most part actually think that it is beneficial for their children to have censoreware installed in public places. And like much of the everyday technology they use (toasters, cars, TVs) they expect that it will just work. It never occurs to them that it could be blocking something legitimate! In the case of the DVD issues, very few americans have any need to play a DVD from another region. After all-- our region sees *almost* all of the movies (there are quite a few Japanese imports I would love to get my hands on, but the average American isn't interested) they would want to see. And how many non-geek friends who want to play DVDs do you know that have ONLY an unusual OS and a DVD-ROM? Not many.

    I'd really like to know how we can get a clear, concise, understandable explanation out to the public that will motivate them! I've tried explaining the DVD issue to people, and mostly they don't care one way or the other. When it comes to censoreware, they are a little more concerned, but it always comes back to "I'm not affected, and it's probably good for my kids."

    Ideas are welcome! If you've had success getting these points across, let me know!

  231. Don't just complain by 348 · · Score: 5

    Now that we've done all the complaining about the law and the DCMA, next step is to get involved.Here's how, Constructive communication to the folks who can make a difference beats whining every time.

    Electronic Frontier Foundation
    US House of Representatives
    US Senate
    Global Internet Liberty Campaign (GILC)
    Internet Free Expression Alliance (IFEA)
    Digital Future Coalition (DFC)
    TRUSTe Privacy Policy Certification Program

    --

    More race stuff in one place,
    than any one place on the net.