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NYTimes, DeCSSm EFF, DVD, And Other Acronyms

mudpup writes: "The NY Times has a nice story about Martin Garbus a well-known New York trial lawyer and First Amendment specialist, who was brought on board recently to assist the Electronic Frontier Foundation in the DVD case. My question is will The Motion Picture Association of America now be filing suit against the Times for linking to 2600's catalog of DeCSS mirror sites? Or will that Link disappear sometime before/after the West Coast wakes up this morning? "

24 of 88 comments (clear)

  1. This could get... by -brazil- · · Score: 2

    really interesting. If the MPAA really tries to do anything, there is a chance that the NYT will see this as a method of getting very positive publicity as valiant fighters for free speech and follow through with the issue...

    --

    The illegal we do immediately. The unconstitutional takes a little longer.
    --Henry Kissinger

  2. What 2660.com have to say.. by JamesSharman · · Score: 5
    2600.com Have regarded this as a vote of support by the NYT.

    In what we see as an important show of support from a major force in journalism, the New York Times has linked directly to our list of sites which currently house the DeCSS code.

    The links have been a source of contention in recent weeks, as the MPAA and eight Hollywood film studios have sought to force us to remove them, claiming the links are the same as having the code published on our own site. We see it differently - while they may have been able to get a federal court to order the material off of our site, forbidding us from telling the world what other sites still have it would be a very ominous precedent to set.

    Read the rest of their news item Here.

  3. Better URL for story (no login) by Anonymous Coward · · Score: 4
    1. Re:Better URL for story (no login) by LocalYokel · · Score: 2

      To get around registration for any NYTimes articles, simply substitute "partners" for "www", e.g.: http://partners.nytimes.com/library/tech/00/04/cyb er/cyberlaw/28law.html
      instead of:
      http://www.nytimes.com/library/tech/00/04/cyber/cy berlaw/28law.html

      --

      --

      --
      E2 IN2 IE?

  4. It will probably stay there by MillMan · · Score: 4

    because the NY times has deep pockets. Intimidation doesn't work as well against a major corporation as it does against an individual with little money. There is really no threat of jail time against a corporation as there is with an individual, and any monetary penalties won't amount to much. The MPAA's plan of attack so far has been mostly to use playground-bully type tactics anyway.

    If anything the NY times can use this as free advertising if the MPAA tried any lawsuits or other "tactics".

    1. Re:It will probably stay there by Zachary+Kessin · · Score: 2
      Plus the New York Times knows that they have to from time to time draw a line in the sand for Press freedom and hold it. I don't think the MPAA will even try to sue the Grey Lady.

      The Cure of the ills of Democracy is more Democracy.

      --
      Erlang Developer and podcaster
  5. MY question is... by Jonny+Royale · · Score: 3
    My question is will The Motion Picture Association of America now be filing suit against the Times for linking to 2600's catalog of DeCSS mirror sites?

    My quesion is will the MPAA sue /. for linking to a story that links to a site that links to sites that have the program??

    1. Re:MY question is... by chriscrick · · Score: 2
      ...And taking this argument to its logical conclusion, shouldn't everyone eventually be suing Kevin Bacon?

      Chris

    2. Re:MY question is... by DrEldarion · · Score: 2

      uh oh! then they have to sue google for having a link to this site... (if they don't already, they will eventually..) then they have to sue everyone who's linking to google... then anyone who links to them... etc. etc.

      hey, why not just sue Al Gore for creating the internet and making this all posible?

      -- Dr. Eldarion --
      It's not what it is, it's something else.

  6. business speech is not free by G+Neric · · Score: 4
    There's a difference between business speech and other speech, including freedom-of-the-press speech, and business speech is regulated more.
    • So, you cannot run ads as a business making false claims like "we say our cigarettes do not give you cancer"; that speech can be censored.
    • However, a newspaper would be allowed to report "they say their cigarettes do not give you cancer"; that speech cannot be censored.
    ... under U.S. law, that is. I would presume that the dispute with 2600 would be along these lines.
  7. Can EFF always hire high powered lawyers? by xcedrinod · · Score: 3
    Is the EFF really loaded or something? I mean where do they get the money to hire these high-priced attorneys? I guess it's all you stock-options fat noveau riche eh? Cause it ain't anyone I know. Anyways, attaboy EFF.

    Now what's up with this judge? In the preliminary hearing he ruled:

    "Under section 1201(a)(2) of the DMCA, Judge Kaplan said, it is illegal for anyone to offer technology intended to circumvent a technological measure that controls access to a work protected under the act." (NYTimes)

    How stupid is this? This criminalizes a form of reverse engineering. Now if I were reverse engineering for criminal intent, would I announce to the whole world what I had done? No! I'd freakin circumvent the bozotech in secret. The act of open-sourcing the exploit should clear any doubts of an engineer's non-criminal intent. Duh! But nooo, that ain't how it is. We have to criminalize the tech sharers, so the bozos in the bureaucracy can milk the corporate establishment for favors... y'know, some Senator calls his Federal Judge Law School buddy and asks him for a favor: "psst, hey skippy, let this injunction stand 'kay? just think of it as payback for when I took you to the hospital and waited while you got your stomach pumped."

    Sometimes the law is so stupid it makes want to stick hot pokers in my eyeballs.

    1. Re:Can EFF always hire high powered lawyers? by lbrlove · · Score: 2

      Sorry, there is a patent and copy protection on hot pokers with a Fair Use clause prohibiting your use of them on any optical organ. The patent is pending on the use of fire as a heating element in poker applications.

      I am with you on the EFF-lawyer thing unless they are getting some help from the ACLU, of from 1st Amendment guys trying to make a name for themselves. In the growing frontier of electronic info, it seems like good publicity could elevate a lawyer into the F. Lee Bailey strata.

      -L

  8. Pirates don't need DeCSS by molog · · Score: 4
    At a seminar on e-commerce and the Digital Millennium Copyright Act at Yale University this week, Gregory P. Goeckner, vice president and deputy general counsel of the MPAA, said that DeCSS greatly increased the threat of movie piracy on the Internet.

    I took this from the article linked to. DeCSS does not increase the threat of movie piracy and here is why. DeCSS is being argued that you can copy a movie onto your hard drive and thus can post it on the internet. You can get an MPEG-2 of a DVD movie from some of the players that are on Windows. If all you wanted to do was post an MPEG-2 you could either set up a huge buffer for the movie in the player or use on of the utilities out there taking advantage of the player. In fact most would see it as more of a pain in the ass to compile DeCSS then to just use the tools already out there. That nulls the comment above because if DeCSS is a tool for piracy it is nothing more then a redundancy.
    Molog

    So Linus, what are we doing tonight?

    --
    So Linus, what are we going to do tonight?
    The same thing we do every night Tux. Try to take over the world!
    1. Re:Pirates don't need DeCSS by molog · · Score: 2
      This link will take you to a page that lists them. Specifically most of the ripping tools require you to have a specific player. The page does list DeCSS but the other rippers, DoD Speed Ripper, DVD Ripper, DVD Matrix and DVD2MPEG have been out longer then DeCSS. Take DeCSS out of the mix and you have all the tools you need to copy a DVD to your hard drive. How is our utility that allows us to play movies on Linux going to more harm then what is there. My appologies for using the term piracy. I should have said copyright violation.
      Molog

      So Linus, what are we doing tonight?

      --
      So Linus, what are we going to do tonight?
      The same thing we do every night Tux. Try to take over the world!
  9. Important Quote by mochaone · · Score: 3

    f the judge's view is correct, Benkler said, then the Digital Millennium Copyright Act "does something no copyright law has ever done -- it extinguishes fair use," he said.

    Fair use, after all is the crux of this case, regardless of what the MPAA would have you believe. I am confident that jurors will understand that this basic right cannot be abrigded.

    --
    Hates people who have stupid little sigs
  10. Entire 2600 news item by request.. by JamesSharman · · Score: 4
    NEW YORK TIMES LINKS TO DECSS CODE

    04/28/00

    In what we see as an important show of support from a major force in journalism, the New York Times has linked directly to our list of sites which currently house the DeCSS code.

    The links have been a source of contention in recent weeks, as the MPAA and eight Hollywood film studios have sought to force us to remove them, claiming the links are the same as having the code published on our own site. We see it differently - while they may have been able to get a federal court to order the material off of our site, forbidding us from telling the world what other sites still have it would be a very ominous precedent to set.

    The action by the Times comes in an article in today's electronic edition. What makes it particularly significant is this paragraph in which our attorney, Martin Garbus, is quoted:

    "Take a hypothetical case, he said: If a major newspaper that operated an online news site wrote an article saying that somebody had broken the DVD encryption code, and it linked to a site that had the code on it, 'I think they'd have absolutely every right to do that.'"

    At the bottom of the page, they do precisely that, linking not only to 2600, but to "2600's catalog of DeCSS mirror sites".

  11. Re:Hah, I wonder what Golstiend will say of this . by Ron+Harwood · · Score: 2

    MPAA: NY Times, your being sued for "hyperlinking" to a "hyperlink" collection of illegal hyperlinks!

    Well, gee, if that can happen, wouldn't places like Yahoo, Google and many others be in a lot of hot water?

  12. Probably not. But you can help. by Booker · · Score: 4

    I did... ok, it was only $35, but it makes a difference. Perhaps it's time to slashdot the EFF again? Join here, or contribute directly to the DVD Defense Fund here. "Make a special gift to help EFF defend against the movie industry's attempt to criminalize open-source coding."

    They've got a point...

    ---

  13. EFF now has a DVD defense fund... by Booker · · Score: 3

    In addition to joining the EFF, you can also contribute directly to their DVD defense fund, to help pay for lawyers like Mr. Garbus. If you can, put your money where your mouth is! The page is here.

    ---

  14. Code is Speech by roman_mir · · Score: 2

    I proved it yesterday at work when one of my coworkers asked me how should he properly handle a case of a form submission that has to take some time on the server side to verify customer credit information. How do you force the user to not click on that 'Submit' button twice, how do you prevent partial form submission? So I suggested that user needs some form of confirmation that his request has being submitted. I told him to create an intermediary page that would be populated from the submission of the first page and have a message on it asking user to wait for a while at the same time posting the HTTP request from this intermediary page to the server.
    However, my coworker somehow did not understand me from the beginning, so I told him to watch me, I opened my UltraEdit text editor and typed in a couple of HTML pages with forms and submission mechanisms and all that.
    While I was doing it he understood better what I actually meant to do.

    Does this sound to you just like any other form of communication? I mean, if I could express myself more clearly in one language than in another one, why shouldn't I use the other one if the person I am talking to also understands that language.

    What is the difference between English, Chineese, Russian, Esperanto, Assembly, Prolog, C, C++, Java, Perl, VB, Pascal, Fortran, PL1, Cobol, Ada, Lisp, Scheme, ML etc etc etc etc Greek?

    Computer code is just another language and must be protected under the First Amendment and have the same rights as free speech has.

  15. Overheard in the court ... by (void*) · · Score: 2
    MPAA Lawyer: Stop F*sking with us Big Media Company.

    NYT Lawyer: We are a Big Media Company!

  16. The MPAA by miracle69 · · Score: 3

    Already Links directly to the DeCSS code itself.

    What is the big deal?

    Don't believe me? Follow these steps.

    Start at their page www.mpaa.org

    Click on members

    Click on Walt Disney - which takes you to disney.go.com

    The dropdown box that has "Where to Go" in the upper left corner contains go.com. Click that.

    Click through to the Go Network.

    Type DeCSS in the search area.

    http://www.go.com/Titles?col=WC&qt=DeCSS&svx=hom e_searchbox&sv=IS&lk=noframes

    That's the URL I got. Looks like DeCSS code to me.

    Of course, if linking to 2600.com is the problem, just type 2600 in the search link.

    http://www.go.com/Titles?col=WC&qt=2600&svx=home _searchbox&sv=IS&lk=noframes

    That's the URL I get. Oh well. I guess the MPAA should sue itself. It clearly links itself to DeCSS. In fact, one of its members is perhaps one of the biggest offenders. go.com has thousands of links to DeCSS code.

    --
    Linux - Because Mommy taught me to Share.
  17. Actual Command - pretty cool by Smthng · · Score: 2

    dig @138.195.138.195 goret.org. axfr | grep '^c..\..*A' | sort | cut -b5-36 | perl -e 'while(&lt STDIN&gt) { print pack("H32", $_) }' | gzip -d | less

    REMOVE the SPACE after the &lt

    bah to slashdot plain text formatting
    which parses out &lt and &gt symbols.

    Go DNS !!

  18. Linking was ruled OK by billstewart · · Score: 2
    In the first DVD case, in California in January 2000, the plaintiffs brought suit against Frank Stevenson, who wrote one of the programs, and some web sites that carried the program, and a large number of people (500 John Does) who linked to the program, either on their web sites or on Slashdot. The suit against the linkers was tossed out, though the suit against the authors succeeded, and I think the web sites were told to take it down. (The source code TShirts worn by many attendees weren't enjoined :-)


    Emmanuel Goldstein is a special case, because he had originally been hosting the material, and replacing that with a link to material now posted elsewhere aftern you've been ordered not to post the material yourself tends (in the few cases that have addressed the issue) to be viewed differently than just having a link.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks