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Sony Uses DMCA To Shut Down Aibo Hack Site

Therlin writes: "Victor Matsuda, Vice President of Sony's Entertain Robot America (makers of AIBO), sent a letter to Aibopet.com citing the Digital Mellennium Copyright Act. You can read the letter here. Aibopet is the website of an AIBO owner who enjoys researching AIBO. He also provides free software programs to improve and add features to the robots." I bet Sony won't increase their Aibo sales this way -- don't they like fanatical customers?

418 comments

  1. wrong spelling by Bandito · · Score: 1, Offtopic

    You know even the comment box tells you to preview your posts...

    DCMA -> DMCA

    C'mon!

    1. Re:wrong spelling by Bob+McCown · · Score: 1
      Digital Mellennium Copyright Act

      While we're at it, its spelled "millennium", too.

    2. Re:wrong spelling by grammar+nazi · · Score: 0, Offtopic

      Your knew hear. Eye can tell.

      --

      Keeping /. free of grammatical errors for ~5 years.
    3. Re:wrong spelling by N8Magic · · Score: 1

      This reminds me of those two great games:

      Dues Ex
      Rainbow Six: Rouge Spear

      The names of these two games are spelled incorrectly more often than not.

      Two spelling mistakes in one article. Tsk, tsk.

    4. Re:wrong spelling by unitron · · Score: 2

      Please tell me that you misspelled "Deus" and "Rogue" intentionally for humorous effect.

      --

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

    5. Re:wrong spelling by Dyolf+Knip · · Score: 2

      Actually, it's the CLEA. Copyright Lawyers' Employment Act.

      --
      Dyolf Knip
    6. Re:wrong spelling by Anonymous Coward · · Score: 0

      Erm, that was the whole point of the post, something clearly stated in the sentence following the misspelled names. I hope this is just an off day for you. I'd hate to think you need to ask this sort of question on a regular basis.

  2. worthless hack by dattaway · · Score: 2

    So can I take my Sony Aibo back since I can't use it for the hack value I got it for?

    Now its useless as a Barbie Doll.

    1. Re:worthless hack by thogard · · Score: 1

      return it citing license agreement issues.

  3. question by magicslax · · Score: 1

    have EULAs ever been tested in court?
    will anybody ever have the guts (money) to try?

  4. DCMA? by Anonymous Coward · · Score: 0

    Digital Millennium Copyright Act.

    Digi Mill Copy Act.

    Di Mi Co Ac.

    D M C A.

    DMCA.

    Is it that hard? Jimothy, I epxceted better out of you.

  5. Easy work around... by grammar+nazi · · Score: 2, Interesting

    It asks him to remove that long list of zip files. He should just claim that Sony violated the DMCAA by circumventing his encryption when they unzipped those files. Otherwise, how would they know what the zip archives contain?

    --

    Keeping /. free of grammatical errors for ~5 years.
    1. Re:Easy work around... by magicslax · · Score: 1

      why not?
      which is a more secure encryption metod, zip or rot13?
      heh. in a perfect world.

    2. Re:Easy work around... by BigBir3d · · Score: 1

      Is the .zip file format registered as a type of file encryption, or is it a freely available, as in bubbly beer, type of file compression?

    3. Re:Easy work around... by grammar+nazi · · Score: 5, Informative
      OOPs. I hit submit instead of preview....

      .

      Anyways, here's the problem with the whole issue:
      (i) the contents of your site contain Sony copyrighted software which you are
      copying and distributing in violation of Sony's rights;
      -- That sounds fair to me. He shouldn't be violating any copyrighting anything. Shut him down until he complies.
      (ii) your site provides the means to
      circumvent the copy protection protocol of Sony's AIBO(tm) Memory Stick(tm) to allow access
      to Sony AIBO-ware software;
      -- I have mixed views about if this is right or wrong, but this issue doesn't pertain to the DMCAA (according to the letter).
      (iii) you site promotes the distribution of your original
      software such as "Disco AIBO", "AIBO Scope", "Bender AIBO", etc. which appear to have
      been created by copying and decrypting Sony's software.
      -- It is my opinion that (a) he has the right to 'fairly use' the code as long as he does it personally, (b) Sony doesn't know that the programs were created by copying and decrypting the software. Sony would have a hard time supporting this argument in court. The Aibo isn't *that* complicated that it couldn't be easily reverse engineered.

      However,
      your site still contains information providing the means to circumvent AIBO-ware's copy
      protection protocol constituting a violation of the anti-circumvention provisions of the Digital
      Mellennium Copyright Act.
      -- Ouch. I tell you how to build an atomic bomb, do I go to jail? I teach your karate... do I get in trouble when you beat somebody up? I teach you how to fly a plane. Do I get in trouble when...? You get my point. I disagree with this entire line of B.S.. Of course, IANAL, but my armchair law experience tells me that O.J. is guilty and this wouldn't stand up.

      Hopefully, the isp won't force him to shut down and he will continue to provide Aibo users an experience. I'll be sitting here at my computer offering my opinion to the /. masses the next time there is an Aibo story. ...even if they don't ask.

      --

      Keeping /. free of grammatical errors for ~5 years.
    4. Re:Easy work around... by Petter3 · · Score: 1

      Yes, that would work. In Never Never Land! (That's spelled "workaround" for those who care :)

    5. Re:Easy work around... by Webmonger · · Score: 1

      Registered with who?

    6. Re:Easy work around... by Anonymous Coward · · Score: 0

      who do you register with?? the gov't?? i assume there are copyrights, and all of these other associated b.s. DMCA or whatevers, have to be reg. with the gov't, otherwise, no TEETH!!!

    7. Re:Easy work around... by Anonymous Coward · · Score: 0

      Keeping /. free of grammatical errors for ~5 years.

      Heh... Have you even been reading your last couple of posts?

    8. Re:Easy work around... by thogard · · Score: 1

      The US govt uses zip encryption to protect files. Breaking zip's encryption with one of thouse files is clearly illegal now. The courts would have to decide if generally breaking the pathetic encription on zip files is a crime.

    9. Re:Easy work around... by rifter · · Score: 1

      According to Microsoft it is, and unzipping with WinZip falls under violations of the DMCA.

    10. Re:Easy work around... by Gaijin42 · · Score: 2, Insightful

      The DCMA only covers circumventing encryption which you are not licensed to decrypt. Since he provided the files on his website, and said "here download these" the effectively licensed everyone who could access the site to "decrypt" his zip file.

      If he had in some way restricted access to the file to non sony employees only, and sony went around that, then he would have some DCMA action, but not otherwise.

      If things worked the way you implied, whenever you pissed off someone at a big studio, they could retroactively say you weren't allowed to use your DVDs anymore, and you were in violation of DCMA. The fact that they sold you the DVD implies they wanted you to watch it.

      Of course, this brings up the actual GOOD argument against the DCMA which is if they want you to watch it, why cant you watch it however you want (other formats etc)

      But that is a story for a different bedtime.

    11. Re:Easy work around... by Alsee · · Score: 1

      Mellennium Copyright Act -- my armchair law experience tells me that O.J. is guilty and this wouldn't stand up.

      Ouch. Please don't mention O.J. in the same sentence where you comment on our faith that the court system will do the right thing and strike down the Mellennium Copyright Act.

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:Easy work around... by Anonymous Coward · · Score: 0

      You'd never know it reading /., but the DMCA actually does define "effective" -- meaning that you can't normally access the copyrighted goods without going through the access control mechinism. It has absolutely nothing to do with cipher strength or crypto design.

      Apparenlty, MS's documentation was protected with a zip password and/or license dialog. However, these are optional features of the ZIP spec, and enterprising slashdotters found that using other ZIP tools would get them the goods without the prompts MS intended.

      So, those ZIP features didn't even meet the DMCA's rather broad definition of 'effective'.

      *However*, ZIP has an encryption feature that is real and can't be bypassed by using an alternate unzip. My guess is that would be considered an 'effective' access control -- even though (now potentially illegal) ZIP crackers are commonly available

    13. Re:Easy work around... by Edward+Kmett · · Score: 1

      You might want to read Schneier's Applied Cryptography. The 'real encryption' used in Zip files uses an ever-so-secure CRC32 (32 bit) convolution kernel rather than a piddly MD5 (128 bit) or SHA (160 bit) one-way hashing function like those hokey real cryptographers use. (not counting the fact that a CRC is also far more vulnerable to linear/differential cryptanalysis for its bit strength).

      It is exactly this form of bad encryption backed by bad legislation that has the encryption community up in arms over the DMCA. The mindset that grows is that "well, this will keep the casual hacker out and we can sue the rest."

      --
      Sanity is a sandbox. I prefer the swings.
  6. I have a penis by Anonymous Coward · · Score: 0

    Kick me in the Jimmy!

  7. They are not totally wrong by SevenTowers · · Score: 5, Funny

    In fact I think it is well within Sony's rights to express concern over the dangerous software this man is writing. Imagine all those little robots going mad and attacking cats and babies... How much money would they lose then?

    --
    Imperium et libertas
    Autocracy and freedom
    1. Re:They are not totally wrong by PhReaKyDMoNKeY · · Score: 1, Funny

      Quite a bit, I'd imagine, but the resulting TV mvie would net them millions due to the intrinsic humor value in the image of cute little robot dogs gone mad. I know I'd pay good money to see that. What I'd be a little more worried about is a tech-savvy terrorist/anarchist/generally insane person rigging one of those bad boys to blow and running him into a crowd/building/whatever. A suicide bomber without the loss in manpower sounds like a good deal to me.

    2. Re:They are not totally wrong by Luyseyal · · Score: 2

      lol, that reminds me of all those Chucky movies... ooo or Puppetmaster. There's always been a market for children's toys turning evil.

      -l

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  8. Yeah Sony will hurt because of this by narfbot · · Score: 2, Interesting

    Not too smart. If people can't do what they want to do with the products they buy, they might as well switch over to buying other products.

    Sony's hurting a customer, and potential buyers and themselves. Say if someone creative takes a visit at the aibopet website, and finds its waay cool, they have a potential buyer... whoops it not there any more.

    Too late Sony. DCMA is a virtual trap.

    1. Re:Yeah Sony will hurt because of this by bee-yotch · · Score: 1

      Well does anyone remember beta? This is just sony's style of marketing and it clearly doesn't work. Didn't sony also create those really small CD's that seem like a really cool thing but no one has. Sony just doesn't get it.

    2. Re:Yeah Sony will hurt because of this by Anonymous Coward · · Score: 0

      Sony also created the normal CDs that everyone has.

    3. Re:Yeah Sony will hurt because of this by Anonymous Coward · · Score: 0

      I thought that Philips invented the CD. Sony invented DAT and LaserDisc and also MiniDisc. All are gone.

  9. Mellennium? by Anonymous Coward · · Score: 0

    You guys are retards.

  10. I wonder by peanutbadr · · Score: 1

    What most people don't know is that the AIBO runs on a modified version of Windows CE.

    Perhaps M$ was behind this decision?

    1. Re:I wonder by AiboPet · · Score: 1

      taking your comment seriously for a second (not intended as flame bait)

      AIBO runs Aperios and "OPEN-R" a proprietary operating system and Robot runtime created by Sony.

      There is no public API or documentation.

      In comparison Windows CE is considerably more open than "OPEN-R".

    2. Re:I wonder by Anonymous Coward · · Score: 0

      I worked on the AIBO, it doesn't.

  11. Wow by Anonymous Coward · · Score: 0

    One man in such a large multinational corporation, supporting a one-country law. That's feeling secure in your job.

  12. But don't you have to.... by TGK · · Score: 5, Insightful

    ... demonstrate that damage was done? I mean, what you're talking about here is someone who's hacked an embeded device (basicly).

    Does the DMCA ban reverse engineering as well? Is that technicaly constitutional? It seems that there's a lot of questions about this case that need answering. But the bottom line is that Sony isn't loosing any money from this site. None of these files are of any use if you don't HAVE an Abio right?

    --
    Killfile(TGK)
    No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    1. Re:But don't you have to.... by CaptainSuperBoy · · Score: 3, Insightful

      Does the DMCA ban reverse engineering as well

      Yes, except for purposes of interoperability.

      Is that technicaly constitutional?

      Nope. But who knows if the Supreme Court will overturn the DMCA or not? We'll have to wait and see..

    2. Re:But don't you have to.... by AntiNorm · · Score: 2

      Does the DMCA ban reverse engineering as well
      Yes, except for purposes of interoperability


      Sometimes not even that is allowed, depending on who's paying what judge. Remember, DeCSS case...

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    3. Re:But don't you have to.... by tomstdenis · · Score: 0

      DeCSS was in clear violation of the DMCA and there is no way around that. whether you support the DMCA or not is not the issue. The DeCSS program violated the rules set forth in the DMCA guidelines. Namely undermining a copyright protection system [CSS].

      DMCA law has nothing todo with whether this is fair or not. The application of DMCA is an issue for the courts to overturn however.

      --
      Someday, I'll have a real sig.
    4. Re:But don't you have to.... by Anonymous Coward · · Score: 0

      "Does the DMCA ban reverse engineering as well"

      Yes, except for purposes of interoperability.


      Wrong.

      It only bans reverse engineering in the case where an "effective access control" method is being reverse engineered.

    5. Re:But don't you have to.... by Anonymous Coward · · Score: 0

      If it can be reverse engineered, then it isn't very effective, is it?

    6. Re:But don't you have to.... by mpe · · Score: 2

      Does the DMCA ban reverse engineering as well?

      In theory no, in practice yes.

      Is that technicaly constitutional?

      It dosn't actually matter, since there is a quirk in the US legislative process such that its utterly trivial to pass laws which violate the US constitution. They will then be treated as valid until someone can persuade the US supreme court otherwise (which is probably now a more difficult task than "buying" a law anyway.) This even appears to apply to violation of the 14th ammendment which explicitally requires such laws be ignored.

    7. Re:But don't you have to.... by CaptainSuperBoy · · Score: 2

      Uh huh... which is the case for the guy who hacked his Aibo. Sony apparently uses memory stick for the Aibo's software, which is protected.

    8. Re:But don't you have to.... by Fnkmaster · · Score: 2
      Bullshit. They made a system that prevented me from playing DVDs on my Linux box. They can go fuck themselves (disclaimer: I distributed all sorts of CSS related source and binaries while a student at Harvard and had action taken against me by the administration there after the cocksuckers at the MPAA sent some scare letters).


      If they want to take my CSS decoding away from me, they can pry it from my cold dead hands. Furthermore, if anybody tries to enforce that piece of shit called the DMCA against me in any other way, they'd better be packing heat, because I will tell them where to stick their unconstitutional piece of shit law as I sue them back to the silent movie era.

  13. This guy sort of brought it on himself by lkaos · · Score: 5, Insightful

    I know I'll get flamed for this, but Sony did have a right to respond to the fact that he was distributing backup copies of their software.

    The DMCA bs was probably just because they were already pissed. I absolutely agree that the DMCA is wrong but this guy didn't help his cause by putting copyrighted software on his site.

    You can't scream about unfair laws and then break the ones that are fair.

    --
    int func(int a);
    func((b += 3, b));
    1. Re:This guy sort of brought it on himself by Skuld-Chan · · Score: 1

      Sure, but all they had to do was ask him to pull the offending software off the site.

      In the past certian modifications to various electronic devices could void the warrenty - I wonder why Sony is doing this since the less warrenties they have to honor the more money they make.

      Personally I think sony america is run by a load of bastards - first the PS2 and now this.

    2. Re:This guy sort of brought it on himself by Nindalf · · Score: 4, Insightful

      You can't scream about unfair laws and then break the ones that are fair.

      First off, who says that copyright is fair? I would guess that the people most opposed to the DMCA already didn't like copyright. It's more like screaming about really unfair laws and then breaking different unfair ones. This guy obviously thought he wasn't doing anything wrong, and I agree with him.

      Secondly, this is a counterproductive abuse of copyright. We're talking about software that can only be usefully run on an expensive toy that the copyright-holder sells. They don't need copyright protection. I think this could be considered fair use, because it's non-commercial, for research and education purposes, and does not actually interfere with their profit potential. OTOH, if someone cloned AIBO, they might have some reasonable justification to interfere.

      The appropriate response would have been to lead with the ominous assertion of copyright restrictions, and follow with permission to use it to increase the value of their product. IOW, distribution under restrictive license (permission is only granted to owners of an AIBO to copy and modify this code, and only for the purpose of running it on an AIBO, all modifications become copyright Sony, etc.). Or, at worst, tell him to distribute his modifications as patches.

      Basically, instead they told him that he shouldn't even have thought about modifying the software, because there's no way in Hell it would ever be permitted.

      To me, this is an extremely offensive interference with personal property and free speech rights. The way I see it, people have a right to make any modifications they want to gadgets they've bought, as long as it doesn't make them dangerous to others, and a right to describe how such modifications may be made, quoting copyrighted materials as necessary, as long as that quoting, in and of itself, doesn't directly reduce the commercial value of the copyright.

    3. Re:This guy sort of brought it on himself by aminorex · · Score: 1

      There's nothing unfair about this application of the
      DMCA, but it's stupid and offensive for Sony to
      threaten their best customers with legal action
      for enthusiastically supporting and enhancing
      the value of their products. I will be boycotting
      all Sony products, divesting all Sony-related securities, and encouraging every one of my acquaintance to do likewise. If you piss on your
      customers, they don't come back.

      --
      -I like my women like I like my tea: green-
    4. Re:This guy sort of brought it on himself by flacco · · Score: 2, Funny
      I wonder why Sony is doing this since the less warrenties they have to honor the more money they make.

      Wrong. Sony wants to sell the "Aibo Licks His Balls" expansion pack, not have some deviant terrorist hacker commie give it away for free.

      --
      pr0n - keeping monitor glass spotless since 1981.
    5. Re:This guy sort of brought it on himself by elflord · · Score: 2
      First off, who says that copyright is fair?


      Most people at least believe copyright is in principle a good idea. The zealots who scream "free free free" all the time do a great job at marginalising themselves, and those who have a more moderate agenda than simply getting everything for free.

    6. Re:This guy sort of brought it on himself by sconeu · · Score: 2
      Sure, but all they had to do was ask him to pull the offending software off the site.

      RTFA. I believe that's what they did...


      however in order to enforce Sony's intellectual property rights,
      we are requesting the removal of the following files from your site.

      http://www.aibohack.com/210/RCodePlus15.zip
      http://www.aibohack.com/210/RCodePlus_F.zip
      http://www.aibohack.com/210/RCodePlus_J.zip
      http://www.aibohack.com/rcode/MasterStudioPlus14 .z ip
      http://www.aibohack.com/210/AiboLifePlus_11.zip
      http://www.aibohack.com/210/AiboLifePlus_13.zip
      http://www.aibohack.com/111/ScopeStik1.zip
      http://www.aibohack.com/111/bender1.zip
      http://www.aibohack.com/210/disco3_11x.zip
      http://www.aibohack.com/210/disco3_210.zip
      http://www.aibohack.com/210/ObeyCat15.zip
      http://www.aibohack.com/210/copyprot.htm
      http://www.aibohack.com/210/files.htm
      http://www.aibohack.com/310/tonecmd.htm (and all MIDI files linked to from that page)



      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    7. Re:This guy sort of brought it on himself by iggyflashbulb · · Score: 1

      I absolutely agree that the DMCA is wrong but this guy didn't help his cause by putting copyrighted software on his site.

      It may have been copyrighted, by it's not as if the software being public was causing Sony any lost revenue. The SW is useless unless you buy the hardware from Sony.

      If anything, the site would have made people more likely to buy Aibos if they would have fun hacking it.

    8. Re:This guy sort of brought it on himself by Danse · · Score: 2

      Most people that think copyright is a good idea in principle also understand that in current practice it's horrible. The term is effectively unlimited, and now the DMCA severely curtails fair use and reverse engineering rights. Not to mention the SSSCA that I'm sure we haven't seen the last of. Copyright in theory is a good idea. But when the greedy bastards of this world get ahold of the government, things go downhill fast.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    9. Re:This guy sort of brought it on himself by Anonymous Coward · · Score: 0

      If you piss on your customers, they don't come back.

      Unless they're Apple customers. :)

    10. Re:This guy sort of brought it on himself by bug1 · · Score: 1

      "Most people at least believe copyright is in principle a good idea."

      Most people beleive what they are told to believe, unfortunatly most if it comes from mass media.

      The fact is digital works should not be treated the same as physical goods as digital works have effectively zero __reproduction__ costs.

      Thats not to say digital works cost nothing to make, but its only the design of digital works that cost moeny, not manufacture, its a TOTALLY different thing.

      Id like to see the elimination of the artifical scarcity of goods.

    11. Re:This guy sort of brought it on himself by Skuld-Chan · · Score: 1

      I wish slashdot people were so fucking self righteous. Yes I did read the fucking article - my point was - or rather question was along the lines of the original poster - which sounded like they didn't need the DMCA, but used it anyhow.

      Go out and buy a life - seriously.

    12. Re:This guy sort of brought it on himself by Trepalium · · Score: 1
      Id like to see the elimination of the artifical scarcity of goods.
      That is not going to happen until the scarcity of all goods, tangible and intangible is negated. So long as there's a functional scarcity of physical goods, we need money, and things that can bring people money, such as copyright. What a revolution that would be...
      --
      I used up all my sick days, so I'm calling in dead.
    13. Re:This guy sort of brought it on himself by IntlHarvester · · Score: 2

      OK, even if we didn't have the DMCA, SSSCA, and 'unlimited' copyright terms, and copyright law hadn't changed since 1920*, if this guy was distributing the software for a current Sony product, it would still be illegal.

      As to the greater argument -- Disagreeing with the legitimacy of a law is fine, although it's finer if you don't get caught.

      * Apparently the copyright status of computer programs wasn't clear until the early 80s, but I'm assuming here that software would be covered.

      --
      Business. Numbers. Money. People. Computer World.
    14. Re:This guy sort of brought it on himself by Anonymous Coward · · Score: 0

      The DMCA requires them to ask the offending party to remove the material, and if they complies that's the end of it. Pre-DMCA, they could have just said "See You In Court!"

    15. Re:This guy sort of brought it on himself by glenalec · · Score: 2, Interesting

      Not all of us.

      I thank Microsoft for driving me to Apple.

      I thank Apple for driving me to Linux.

      And I don't like Sony much!

      --
      The man with no surname and a silly hat

      On the universe: It's bunk.
    16. Re:This guy sort of brought it on himself by roju · · Score: 1

      It would not have been illegal. Up until just a few years ago, distributing copyrighted materials without expecting any compensation was not a crime (or at least, not a punishable crime). They (the US gov't) had to recently explicitly add to the codes covering this (sorry, IANAL, do not remember more detail) to prevent giving away copyrighted materials.

    17. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      Who ever said copyright was fair? Copyright is a compromise, its not a matter of fairness. Its a compromise between diffrent ideologies, (which simply means, they have never been proven in any testing or experiments and compared to each other to see which one works in real world environments beyond their idea environments).

      During its debates in early america, the decision was between a communist/socialist or a anarchist/capitalist approach to information. Copyrights are social engineering in order to control the behavior of what was by its nature a free market. That is people could share trade buy sell or even keep it to them selves, what ever they felt would benefit them. But laws give precedence to the needs of certain people, and by that the need may not be what the majority feels necesary fair or right, but as it is now and it was then, most people dont understand the value of information and even when they themselves buy it, they give it away for free to others. This lack of understanding or caring leaves law makers the ability to enact strict laws that may become impractical as time pass, as we have seen in the dawn of this century. But this aparently only leaves lawmakers with one recourse, more laws, but so to does this mean more anarchist. And yes as government grows and steps on feet so does the number of those it sets against it, in some studies its shown to be proportional and its not necesarily a bad thing, especially when those in the government are polarized for interests that are typically against the many.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    18. Re:This guy sort of brought it on himself by Roundeye · · Score: 2

      The DMCA doesn't require them to do anything. The law doesn't compell the copyright holder to act in any specific fashion. It does, however, give the copyright holder a new and egregious means of attacking those who would lawfully exercise their fair use rights. It's not clear in this case whether Sony is justified in hammering the aibopet author with the DMCA, but I feel pretty certain they know he won't fight them in court so it doesn't matter. They could threaten him with racketeering charges and the validity of the charges wouldn't matter since he's not going to defend himself in court.

      --
      "Cause there's 40 different shades of black, so many fortresses and ways to attack, so why you complainin'?"
    19. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      Hmmm... maybe its best you take that agression out playing a video game on your playstation2 and leave decent conversation to the rest of us.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    20. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      I agree in that you dont make money by getting your user base to void their warranties, but you do save money. On the other hand, some one tinkering with it and screws it up, may buy a replacement, or pay sony to fix it or for parts.

      I dont agree in you side stepping his point, which was about why not tell them to just remove the offending software, it seems they pulled a stretch by making the other software on his site for hackers seem questionable.

      And whats with all the agression? 'deviant'? 'terrorist'? 'commie'? I can see sony thinking of them as deviants, even some of the more crazy ones thinking of it as terrorism in the sense that they are the ones being terrorised, but commie??? Sony is communist, they have certain monopolies and privilages bestowed upon them via copyrights and patents, communism as termed from the USSR is a monopoly, not associated with freedom loving people (keyword *freedom*).

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    21. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      RTFP... he was saying that, that is 'all' they should have done (if you RTFA you would know they did more).

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    22. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0


      Most people dont care, or have reason to care (that is changing). Its the zealots who scream "theft theft theft", its only "theft" because of the way law defines information as property, not because of any rationality in the matter. But the idea was not of that to rationalize the realities of information, it is to rationalize a particular kind of monopoly market, as oposed to a free market. And who says information has to be 'free', who is to say that we ourselves can not resell copies of information and how is that bad? Its a diffrent way of doing things but has never (in theory or otherwise) been proven to be worst then copyrights, neither has it been provent to be better mind you, but there is no way to tell, and only one set of people believe they know the answer, and its people like you, who accept an idea as a fact.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    23. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      Why do you assume that with out copyrights, information can not be sold?

      Scarcity exists in information, but only in the sense that an author has not released their work yet, once their work hits the market, it should be up to the market how much to pay for it, not up to the author, who would rather squeeze money out of the rich rather then let the market decide.

      Who is to say that once we purchase information that we can not sell the copies of that information to others and make money from it? No one can, because its an idea, just as its an idea that copyright works, but is it more then just an idea, does it really work? We will never know because we are stuck with this system, but we will still have people like you who would take an idea and claim it fact and ignore the other possibilties as if they didnt exist simply because of your preferences.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    24. Re:This guy sort of brought it on himself by elflord · · Score: 1
      Its a diffrent way of doing things but has never (in theory or otherwise) been proven to be worst then copyrights,

      If there is indeed a better way of doing things, just go ahead and do it, and it will replace copyrights, because it is a more efficient system. IOW, if things like the "street performer protocol" are so damn good, they shouldn't require destruction of the copyright system.

      This is a simple reality of the way markets work. IMO, we've observed attempts at different models, and they have been unsuccesful, because they simply don't provide financial incentives.

    25. Re:This guy sort of brought it on himself by elflord · · Score: 1
      Thats not to say digital works cost nothing to make, but its only the design of digital works that cost moeny, not manufacture, its a TOTALLY different thing. Id like to see the elimination of the artifical scarcity of goods.

      To do that, you'd need to find a decent payment model to fund the creation of digital goods. IMO, copyrights are a pretty good model -- basically, everyone who uses the product pays, and everyone pays a modest amount (modest compared to the cost of production). The problem is that you want to destroy the copyright system, but you are unable to propose an adequate replacement. "Free free free" is not an adequate replacement be3cause of the simple fact that someone has to pay for the initial production.

    26. Re:This guy sort of brought it on himself by elflord · · Score: 2
      Scarcity exists in information, but only in the sense that an author has not released their work yet, once their work hits the market, it should be up to the market how much to pay for it,


      Once their work hits "the market", it is worthless without copyrights, because "hitting the market" would mean that the work could freely be redistributed. And this is the problem.



      it should be up to the market how much to pay for it, not up to the author, who would rather squeeze money out of the rich rather then let the market decide.


      This is absurd. The market might want something for nothing, but it can't, and should not get it.
      The author should be able to choose whatever pricing scheme they desire, and the market should decide whether or not the pricing scheme is acceptable. This is the way free markets work.



      We will never know because we are stuck with this system, but we will still have people like you who would take an idea and claim it fact and ignore the other possibilties as if they didnt exist


      Other possibilities exist perhaps, but until other possibilities demonstrate themselves to be viable business models, they deserve to be ignored.

    27. Re:This guy sort of brought it on himself by ArtDent · · Score: 2

      Wrong. Sony wants to sell the "Aibo Licks His Balls" expansion pack, not have some deviant terrorist hacker commie give it away for free.

      So Sony still hasn't learned any of the lessons of Betamax?

    28. Re:This guy sort of brought it on himself by Anonymous Coward · · Score: 0

      You can't scream about unfair laws and then break the ones that are fair.

      There ARE NO fair copyright laws. Copyright and intellectual property are obsolete concepts from the nineteenth century. It's the twenty first, man! There's nothing fair about restricting me in doing whatever I want with my information. As soon as I have in on my storage (braincells, magnetic discs, bi-stable flipflops, whatever) I can do whatever I am able to do with it as long as I don't harm anyone. Lost profit is not a damage; if you lose profit, your business model is crap. If you use violence (law enforcement IS violence), expect the same in return.

      I think, I know what I'll do if I receive a similar letter: write a pissed-off response (in a non-signed email, the hell they're gonna prove that it's actually mine) and do nothing else. I don't really care about the DMCA, as long as I am outside the United States. And I'll stay out of that police state, that's for sure.

      If my country gets bombed by the Americans, they'll share the faith of Napoleons and Hitlers, that's for sure, too.

    29. Re:This guy sort of brought it on himself by bug1 · · Score: 1

      ""Free free free" is not an adequate replacement be3cause of the simple fact that someone has to pay for the initial production."

      Someone has to pay for the initial design, nobody has to pay for the manufacture. Do you mean production is to design ?

      Last time you purchased a pair of shoes, what % of the purchase price do you think went to the person who designed them, virutally nothing unless they are designer shoes. (and you cant copyright fashion)

      Why should digital goods have the right to charge excessive (relative to ANY other industry ever) amounts for design ?

      "you'd need to find a decent payment model to fund the creation of digital goods"By the same reasoning, you would have to find a decent payment model to fund the developemnt of free software.... im sure you can see the flaws in yoru own arguements there.

      Do you honestly think if people didnt get money for designing things that people all over the owrld would suddenly down tools and change professions.

      Some people actually enjoy their work, and not for the $$$

    30. Re:This guy sort of brought it on himself by IntlHarvester · · Score: 1

      Sony couldn't sue for 'damages', but certainly they could get a restraining order telling you to stop distributing the stuff. (Which is all they've asked for in this case)

      --
      Business. Numbers. Money. People. Computer World.
    31. Re:This guy sort of brought it on himself by elflord · · Score: 2
      Do you mean production is to design ?

      Your abuse of the word "design" completely ignores the fact that developing software is a lengthy, expensive and labor intensive process, that involves design and implementation.

      Your shoes analogy is not terribly pertinent, and either dishonest or stupid.

      Why should digital goods have the right to charge excessive (relative to ANY other industry ever) amounts for design ?

      Design, prototyping, testing, and implementation. As for your claim about "excessive" amounts, it's an arbitrary and nonsensical claim unless you are able to define what entails an "excessive" amount.

      Do you honestly think if people didnt get money for designing things that people all over the owrld would suddenly down tools and change professions.

      At least try to use well-formed sentences. If a certain type of business is not economically viable (eg developing software), existing businesses will collapse, and there will be an absence of startups to replace the failed companies. In other words, yes. If people aren't paid for writing software, software will not get written.

      Some people actually enjoy their work, and not for the $$$

      I enjoy my work, and certainly don't do it for money, but I also need to eat.

      Moreover, it's admirable to be enthusiastic enough about ones work to the point that money is not an issue. But those who demand this virtue of others are invariably scoundrels who demand that others to give freely so as they may take freely.

    32. Re:This guy sort of brought it on himself by Anonymous Coward · · Score: 0

      Well, you're right -- the notification is only required in order to make the service provider liable for the infringement. The idea is to:
      1) Make it cheaper for everyone involved to deal with copyright infringement (by not requiring a court date)
      2) Clarify exactly what conditions the service provider is liable (which limits the SPs ability to tell the copyright holder to fuck off and sue the user)

      The end result is that the ISP is more likely to turn off the site than they were pre-DMCA.

    33. Re:This guy sort of brought it on himself by jthill · · Score: 1
      If a certain type of business is not economically viable (eg developing software), existing businesses will collapse, and there will be an absence of startups to replace the failed companies. In other words, yes. If people aren't paid for writing software, software will not get written.
      Ah, the old "the status quo or nothing" dodge. Who suckered you into it? I'll bet it was someone you trust; it almost always is. Here's a few hints to get your brain restarted: the second sentence quoted above does not restate the first; that some existing businesses "developing software" will collapse and not be replaced has nothing to do with the viability of developing software as a business; there are in fact legitimate objections to some methods of turning a profit, and it's not on point to object that nobody could make money that way when examining such an objection for legitimacy; and, yes, extending copyright into perpetuity is drifting across the boundary between appalling and despicable.

      Oh: by the way. Redistributing someone else's copyrighted works in direct contravention of their license is unquestionably illegal. I agree with the earlier poster who attributes the more questionable heat Sony's ladling out to their just generally being pissed off.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    34. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      > If there is indeed a better way of doing things, just go ahead and do it, and it will replace copyrights, because it is a more efficient system.

      If only it were that simple and generalized. I dont need to say it, but it is coming, you can see change is coming. There is little doubt there. You can see it in the way the RIAA and MPAA are becoming ever so more active in the public eye what was once private.

      The problems are in the details, how long before it becomes accepted, how hard of a fight will come to get it to come. Good things are ment to happen, yes, but the more someone tries to stop them from happening the more it hurts them. But how far will those who support copyrights go? How much freedom must be taken to "ensure they recieve money for their work"?

      > IOW, if things like the "street performer protocol" are so damn good, they shouldn't require destruction of the copyright system.

      I never cared for the "street performer protocol", or the donation system that is just wrong. I believe in the "reputation protocol" (I suppose it could be called), where as an artist gains a reputation, they become more valuable, all their words and other information becomes more valuable (the source becomes valuable), and will sell well. This will increase speculation that the source will do well, and there will be many distributors bidding to sell their next great work, or to get an interview with them or some other media coverage of them for their fans.

      > This is a simple reality of the way markets work.

      Yes but not the way laws work. Laws dont necesarily deal in reality or practicality, that is something you need to understand.

      > IMO, we've observed attempts at different models, and they have been unsuccesful, because they simply don't provide financial incentives.

      Well like most everything else in the world, if the government started building and selling vehicles the automotive industry would be up in arms unable to compete. Just as a lot of smaller software developers go up in arms every time microsoft releases a new version of windows with a lot of features built into it. These are monopolies they already provide other services so they can subsidize and use that extra money to eliminated competition by either lowering prices or even giving it away (market flooding) or out market their competition (manipulating public mind).

      As long as the government provides information monopolies (backed by the government of course), there is less competition in that industry. There is freedom to create, but no freedom to make money off your creations publicly unless you limit your creations based upon what is already created. There is buying of information, and selling or giving away information is totaly out of the hands of the buyer, and up to the author.

      Laws prevent or control markets that is the reality of the situation, and no manner of rationality need be involved. But things change, there is a sleeping giant that is starting to wake up, it was seen in napster and is seen in gnutella. And it doesnt matter if you are for or against it, its coming, and you either work with it or go up in arms against it.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    35. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      > Once their work hits "the market", it is worthless without copyrights, because "hitting the market" would mean that the work could freely be redistributed. And this is the problem.

      No, its worthless with copyrights. We see 'worthyness' from 2 diffrent perspectives. You see it in how much 'worth' the author has in it. I see it as multidimensional worth, how much worth to society, how much worth in money to everyone not just the author. With copyrights, once you buy information, it doesnt mean you can sell that information to someone else, there by making that information worthless except in its use, not only that but the information would have even higher worth because once you buy information you could easily sell copies to other people. This means the originator of such information could still make a lot of money if they build up a good enough reputation and there is a large enough market demand for this information.

      So there is nothing that says the information will be distributed freely... Why would someone give away information if they could sell it themselves?

      > This is absurd. The market might want something for nothing, but it can't, and should not get it.

      If that was true, then they would not pay for it all, and they would be less likely to get it. If something has any real value, people would not expect to get something for nothing.

      > The author should be able to choose whatever pricing scheme they desire, and the market should decide whether or not the pricing scheme is acceptable. This is the way free markets work.

      No, that is the way fixed and controled markets work. The author should only have such a decision on a first sale basis!!! That is when the author first decides to sell their work, they should have a minimal bidding price, if no one wants to buy it then the author will likely lower their price. On the other hand, if they have a good minimal price, bidding would increase the final price the market is willing to pay for it. And the author does not have to sell to one person or group either, they could easily sell and upload to several of the top bidders at once making money from their bids. Then its up to those who paid for it to try to make their money back by reselling it to others and those others as well. Until any one can get a hold of that information for the price they can pay.

      > Other possibilities exist perhaps, but until other possibilities demonstrate themselves to be viable business models, they deserve to be ignored.

      Again as I said in another post, monopolies kill the other possibilities, and that is why people rather give information away for free rather then sell information to other people.

      If there is still things you dont understand about this particular possibility I described in here, let it be said.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    36. Re:This guy sort of brought it on himself by Anonymous Coward · · Score: 0

      First off, who says that copyright is fair?

      Everybody in the world exceptmn for the linux losers - maybe you should do a bit of research on whay stallman started the open source movements and suchlike - he was stealing software pure and simple and thats what you guys do - all software should be free as long as its not something you wrote and can make some money off of course.

      I dont know whats more pathetic - a bunch of people whining about freedom of software whilst proclaiming the benefits of a 30 year old OS which was stolen itself (oh i forgot the modern term for what ritchie and the like did is 'Adapted' not stolen) from AT&t OR the hypocrisy of people who dont hesitate to slam down anyone who disagrees with their point of view parroting on about free speech and expression ?

      You know what MS should do to fuck you guys - give away the OS for free - then we would see how long linux - a 30 year old piece of crap OS posing as a modern OS - would last

      RM * -Linux i say

    37. Re:This guy sort of brought it on himself by elflord · · Score: 2
      Ah, the old "the status quo or nothing" dodge.


      I am not playing a false dichotomy card here. I'm merely pointing out that if there's no financial incentive for authors, you'll see less authors.


      that some existing businesses "developing software" will collapse and not be replaced has nothing to do with the viability of developing software as a business;


      If the net effect is that there are less people developing applications, then it has quite a lot to do with the viability of developing software as a business. (To clarify, I'm not mandating that it
      be replaced by a business with a similar model)



      there are in fact legitimate objections to some methods of turning a profit,


      There certainly are. Unfortunately, the legitimate objections are usually drowned out by a bunch of idiots screaming "free free free".


      yes, extending copyright into perpetuity is ...


      I agree that the duration of copyrights is cause for legitimate concern. (Too bad that this concern is all too often drowned out by a bunch of idiots screaming "free free free".)

    38. Re:This guy sort of brought it on himself by elflord · · Score: 2
      No, its worthless with copyrights. We see 'worthyness' from 2 diffrent perspectives.

      Blah blah blah. You've wandered off into some obscure and pedantic discussion of semantics and avoided the issue I raise. The point is that it's difficult to make creative works available for appraisal without making them available for distribution.

      This means the originator of such information could still make a lot of money if they build up a good enough reputation and there is a large enough market demand for this information.

      I should point out that you are confusing information with creative works. They are not the same thing at all.

      Let me address your claim. The main problem is that it creates a tragedy-of-commons issue in that there is a disincentive for anyone to pay for development of creative works. Where a corporation does need such works for their own use, there's a disincentive to release them. When works are released, there's a disincentive to release them without draconian copy-protection measures.

      One of the problems with arguments for alternative systems to copyright is that the people who make them assume everyone will be altruistic. It never occurs to them that the correct assumption to make is that people will act in their own best interests.

      Another problem is the issue of building a reputation. This obviously raises barriers to market entry, because it is much harder for the public to appraise a product. The ability of customers to make informed buying decisions is obstructed.

      Again as I said in another post, monopolies kill the other possibilities, and that is why people rather give information away for free rather then sell information to other people.

      Anyone is free to write their own software using their own model. Surely, there exists some part of the software market where no monopoly exists (actually, there exist several). So if these other models work so well, there's nothing stopping someone using them.

    39. Re:This guy sort of brought it on himself by elflord · · Score: 2
      I dont need to say it, but it is coming, you can see change is coming. There is little doubt there. You can see it in the way the RIAA and MPAA are becoming ever so more active in the public eye what was once private.

      It's moving in that direction, because there isn't a vocal, well organised lobby who has raised compelling moral counter-arguments. This is one of the problems with these slashmonkeys who just scream "free free free". They drown out all the good arguments. I agree that there are a lot of legitimate objections one can make to laws that have been passed, and laws that are being lobbied for.

      This will increase speculation that the source will do well,

      Some people would like to make well-informed purchase decisions, instead of buying on faith alone.

      [snip: monopolies, etc]

      but I don't see how a different model would help the problem. Actually, a model where people had to buy on reputation and faith alone would tend to make the market more conservative. It's the small authors who offer "try-before-you-buy" packages. Microsoft, Oracle, and IBM don't need to do this, because people will buy their products on reputation alone. A reputation based system would lead to more market consolidation, and more conservative buyers.

      And it doesnt matter if you are for or against it, its coming, and you either work with it or go up in arms against it.

      That looks like a false dichotomy, but maybe it isn't. I'd argue that the record companies are looking for a way to work with it.

    40. Re:This guy sort of brought it on himself by Anonymous Coward · · Score: 0

      (Far too obvious) response:

      Not a lot of the price of shoes goes towards design because shoes aren't digital. They have an actually significant manufacture price so it costs per 'copy'. And they don't need copyright because it's not economical to copy them.

      Fashion designs might not be copyrightable, but copying others' designs may still have legal issues associated with it.

      As in the previous response, the design of software (analysis, design, coding) or music (writing, performing, recording, editing) products, which CAN be distributed digitally, has a significantly higher cost. The worth or value lies in the 'information', not the physical item, and the bulk of the time spent on the item is devoted to creating that content, not manufacturing the product.
      Is the Mona Lisa 'worth' the cost of the paint and canvas? Is the Sistine Chapel only worth the cost of the paint, or would we at least assume that the time spent on making it is worth something? More appropriately, which takes more design effort - Quake 3 or a new toothbrush head?

      You can have free goods but you need a payment model to run a successful business around them; Linux might be free but RedHat has to find a way to work with that to survive. If they couldn't (e.g. trying to live off the product alone), Linux might survive but it wouldn't keep people employed. You either need a new way of offering the product providing the payment system, or consign the product to a hobby where everyone has to go off to a real job to get an income.

      I know if I wasn't getting paid for doing my job, I would certainly down tools and change professions (if no other company in the industry paid their employees either). That doesn't mean I would never write any code again, I can still do free code in an altruistic fashion, but it's not going to keep me employed. There's free music out there, but does it sell? Is the quality what you expect to hear from a CD player? Dump copyrights (and EULAs, and agreements, and everything else, in a truly 'free' world the average punter needs no respect for licensing) and you might still get some product, but is it what you want?

      The problem with all this "free free free" stuff is that it is looking backwards whilst claiming to look forwards. Everyone always comments on "new business models" and "digital distribution" but mostly all they seem to want to do is get the existing commercial product for free. Napster users talk about how garage bands and home recordists manage putting out great free music and can continue to do so, but how many of them were actually downloading any of it? No, most of them would rather have the free version of whatever's available in the local music store.

      The free world exists but it is not anywhere even close to the commercial world in terms of popularity, interest or quality (debatable for Linux v Microsoft, but I'm talking about much more than stability here), and it does not show any signs of being a viable replacement model anytime soon.

    41. Re:This guy sort of brought it on himself by bug1 · · Score: 1

      "I'm merely pointing out that if there's no financial incentive for authors, you'll see less authors."

      Maybe it wouldnt be a bad thing if Authors who are ONLY in it for the money changed their profession, people should try and work on something they enjoy, it leads to better workmanship.

      As long as everyone contributes to society who cares how or why they do it, as long as everyone does contribute.

      In my book someone who demands large amounts of compensation for there contribution, is contributing less because of their demands.

      i.e. if you take more in return, you are giving less.

      Why does modern society generally look up to people who TAKE the most rather than those who GIVE the most.

      It can be generalised than people can take more because they are giving more, but thats a bit of a stretch in a lot of cases.

      "free free free"

      You are demonstrating a lack of understanding of the free software movement if thats what you think we are saying.

      In most arguments speaking out against copyright you will find there reasoning in there somewhere.

      In fact your the only one who ive heard mention the phrase "free free free"

    42. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      > It's moving in that direction, because there isn't a vocal, well organised lobby who has raised compelling moral counter-arguments. This is one of the problems with these slashmonkeys who just scream "free free free". They drown out all the good arguments. I agree that there are a lot of legitimate objections one can make to laws that have been passed, and laws that are being lobbied for.

      I agree, there are to many people who see it as either, free donation or copyright, but fail to analyze or purposely dont want to recognize other market potentials, these people do more harm then good.

      > Some people would like to make well-informed purchase decisions, instead of buying on faith alone.

      That is what I am refering to in terms of reputation. "Well-informed" means you get your information from someone about a purchase decision, you would not just listen to anyone about a purchase decision, you would find someone with a good reputation for truth instead of bias. But in the context of what I was saying if someone sells a book online, and when you buy that book and several hundred people want to buy a copy from you, then the next time the person has a book for sell, you will remember their last book did well and speculate on how well the next book will do. This is how other markets work, almost like stock markets, where they use statistics and market analysis to figure out how well a company is going to do based a lot on past record.

      > but I don't see how a different model would help the problem. Actually, a model where people had to buy on reputation and faith alone would tend to make the market more conservative.

      But that is how people are now. The thing is though, people who want to gain a good reputation will give their work away for free, this will allow people to experiment and try new things, and if they like it, it will loosen them up to buying their next album or book. And it doesnt necesarily have to be free completely, it could be a internet music station, that experiments and finds new music they like, they then take this music and play it on their station (putting their reputation on the line that their listeners will like it), and at off times get paid through advertisements. This way the listener is likely to find music they like, listening to a music station that has a good reputation to them, and finds a band they like and would like higher quality playback so they buy it from any one who happens to have it.

      > That looks like a false dichotomy, but maybe it isn't. I'd argue that the record companies are looking for a way to work with it.

      I'd hope so, but I'm sure idealy they would love to find the nuclear-bomb against it.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    43. Re:This guy sort of brought it on himself by elflord · · Score: 2
      Maybe it wouldnt be a bad thing if Authors who are ONLY in it for the money changed their profession, people should try and work on something they enjoy, it leads to better workmanship.

      I agree 200% with this assertion, but my point still stands.

      In my book someone who demands large amounts of compensation for there contribution, is contributing less because of their demands.

      The economic reality is that people will, for the most part, ask for whatever they can get. That's why we have capitalism. We assume that people for the most part will act in their best interests.

      Why does modern society generally look up to people who TAKE the most rather than those who GIVE the most.

      Again, try to use well-formed sentences. End questions with a period. Don't confuse "there" and "their".

      The above statement is an erroneous sweeping generalisation, and I'd argue that it's also false. Many of history's most admired people were really not that rich. Scientists, humanitarians, great leaders. The wealthy people who are admired are usually admired for what they gave, not what they took.

      You are demonstrating a lack of understanding of the free software movement if thats what you think we are saying

      No, I'm not doing anything of the sort.I think you are erroneously confusing the recent napster/warez/anti-copyright leeches with the free software movement, and such confusion does an enormous dis-service to free software. I don't see what this free-beer anti-copyright movement has to do with the free software movement. The free software movement is about giving, the free-beer movement is about taking. I suppose the free-beer crowd play the role of parasite who see the free software community as a convenient host.

      In most arguments speaking out against copyright you will find there reasoning in there somewhere.

      Reasoning ? I see very little of it in the arguments against copyright. BTW, I am surprised that someone such as yourself who is so obviously repelled by greed would not find the behaviour of the napster users repugnant. After all, their arguments against copyright are little more to them than a way to get something for nothing.

    44. Re:This guy sort of brought it on himself by Sloppy · · Score: 2

      First off, who says that copyright is fair?

      Most people.

      I would guess that the people most opposed to the DMCA already didn't like copyright.

      That is a pretty far-fetched guess.

      If this is controversial, then I guess it's time for a poll.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    45. Re:This guy sort of brought it on himself by Sloppy · · Score: 1

      Perhaps they were concerned about clones. Remember the Franklin and Apple II ROMs?

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    46. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      > Blah blah blah. You've wandered off into some obscure and pedantic discussion of semantics and avoided the issue I raise. The point is that it's difficult to make creative works available for appraisal without making them available for distribution.

      No, you did not say *appraisal* the last time, you said "the market", I assumed you meant selling the product.

      But none the less I see now what you are saying, but life is about trust (there is no real way around it). Just like anything, you fly on an airplane trusting the airlines to have a good pilot. Sure its illegal to break into someones house and rob them, but just because the government makes it illegal, do we leave our front doors opened or even unlocked? And do you realize that a number of movies released on the internet, are released from video appraisals (screenings), where does copyright work there? The only safe guard in place is that those screenings are poor quality, and the theatre is high quality. An appraiser may for example also be a distributor who has a good reputation with the author for paying a lot for their work, so the author may in fact trust the distributor with a (low quality where possible) appraisal of their work, the distributor after all is the one who must sale the work to other distributors. If a distributor screws the author by releasing it early, the author can then never do business with them again, and the money could in fact go to distributors who kept their trust and develope a reputation with the author. So there is various ways appraisals can be done that will keep the value of the information in tact and reduce risks.

      > I should point out that you are confusing information with creative works. They are not the same thing at all.

      But they are handled much in the same way under copyrights. What I describe is not fixed or decidely perfect, it is just an idea as is copyright an idea. Both of which will more then likely have their benefits and their failings, but it should be aparent copyrights (as we know them today) are not going to make it, they will either be gone or more likely altered severly.

      > Let me address your claim. The main problem is that it creates a tragedy-of-commons issue in that there is a disincentive for anyone to pay for development of creative works.

      How so, more then now? Adobe didnt make Photoshop or GoLive, Macromedia didnt make flash, Microsoft didnt make Dos. Corporations tend to be better at taking something developed by someone else and improving it or duplicating it. A lot of technology comes from the university levels rather then the corporate. Most people interested in science develope things on their own in hopes of making a lot of money but end up selling their work to interested corporations. I know several universities that offer very flexible licenses on technologies that even provide source code to them. Someone who developes a technology and wants to create a company to sell it, finds its hard to get investment because most people want to have microsoft in their portfolios, so this leaves them with little choice except to be flexible about selling off their work to a corporation and possibly get a job showing them how it works and integrating it in their systems. Several corporations are notorious for not spending money developing and researching rather they spend time refining (crude oil). This is not to say nothing new or creative comes out of corporations, its just most of it is taken from other sources, and independant researchs. Even the medical corporations get paid by the government to do R&D, they dont try to actually do it with their own money.

      > When works are released, there's a disincentive to release them without draconian copy-protection measures.

      That is true with or with out copyrights, although the degree of which can be argued to be higher with out copyrights. Actually you will see stronger incentive to release software as services, that the software does not exist on the users computers but exists on a server owned by the company and the user rents server time to do their work. But this itself is a disincentive to consumers to rent software time rather then buy software.

      > One of the problems with arguments for alternative systems to copyright is that the people who make them assume everyone will be altruistic. It never occurs to them that the correct assumption to make is that people will act in their own best interests.

      True but the one I describe does not have this problem, it is entirely based on peoples self interest. Copyrights and donation based ideas have this problem. Consumers have 2 possible interests to get something early or to get something cheap, the ones who want something early pay more, the ones who want something cheap will wait until the price comes down or they find someone willing to sell cheaper. The Author has 2 interests, gain a reputation (increases user demand for their) and get as much money as they can from their work (the distribors bid on who gets to distribut the authors work first). The Distributor has 2 interests, gain a reputation with the consumers for having what they need, and gain a reputation with the author by paying a good price for the works. You may notice that this is almost exactly how it is today, in this generalized version of it, and that is true, the difference to take notice of is that Distribors compete more, there can not be any organization of distributors as is the case with the RIAA and MPAA. The distibutors gain the most from copyrights and can unify and not compete with each other but rather work together to fix the prices (by controling vendors) and they have done it in the past and were slapped in the hand for raising prices, and also they can work together to lobby for legislation which benefits them some more. Another thing is the authors also compete more (its not to much diffrent) but at the same time distributors have to compete for the reptuatable authors, rather then the authors compete for a distributor.

      > Another problem is the issue of building a reputation. This obviously raises barriers to market entry, because it is much harder for the public to appraise a product. The ability of customers to make informed buying decisions is obstructed.

      I partly covered the possibilties above, but I dont disagree with you that much. A large portion of what people do is buy things on reputation, this is why we have 'name brands' rather then a lot of generic products. In certain niche markets, like computer hardware, admittedly they tend to be a more savy group, that likes to read reviews before purchasing something, but the choice has always been to wait, to wait for someone else to try it, or in some cases listen to a piece of the music or listen to a lower quality version of it. Everythign has its diffrent ways of being reviewed, and every one has its risks, like even though radio stations play music for free and people are 'free' to record music from a radio station despite law, its still lower quality and those who really want to listen to it in better quality will likely purchase the higher quality version. For books and movies its always been testimonial or clips and advertisment, which is not bad. Again when an information product is released it will likely sell for a high price, leaving only a few people to get a hold of it these few people will likely review the product and put up reviews, and the reviews will have to be objective because they have to compete with other distributors, if they lie, and you bought the music you could review it and inform others as many websites today allow you to do.

      > Anyone is free to write their own software using their own model. Surely, there exists some part of the software market where no monopoly exists (actually, there exist several). So if these other models work so well, there's nothing stopping someone using them.

      When I say monopoly, I refer to copyright monopoly, information monopoly. So what I mean to say is that people would rather give (copyrighted) information away rather then sell it.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    47. Re:This guy sort of brought it on himself by R.Caley · · Score: 1
      The fact is digital works should not be treated the same as physical goods as digital works have effectively zero __reproduction__ costs.

      Which is why copyright is needed more for digital works.

      I think the people who created quake, for instance, deserve to make a mint. For that we need control. That control can come from copyright or licencing. I suspect most of us here don't like the licencing model.

      I think Richard Stallman should have the right to put the restrictions he wants on use of his code. For that we need copyright.

      --
      _O_
      .|<
      The named which can be named is not the true named
    48. Re:This guy sort of brought it on himself by R.Caley · · Score: 1
      Why should digital goods have the right to charge excessive (relative to ANY other industry ever) amounts for design ?

      They don't. if you think they are charging too much, don't pay and if there is consensus the price will drop or the product will disapear.

      --
      _O_
      .|<
      The named which can be named is not the true named
    49. Re:This guy sort of brought it on himself by MrFredBloggs · · Score: 1

      "artifical scarcity of goods"

      What about the scarcity of decent games/music? How is this going to be addressed if people can just copy a game/cd because `it didnt cost anything to make the cd`. this is just such a bullshit argument.

    50. Re:This guy sort of brought it on himself by Anonymous Coward · · Score: 0

      Again, try to use well-formed sentences. End questions with a period. Don't confuse "there" and "their".

      You know, attacking someone's grammar to bolster your point is fit only for brainless dick-heads.

      Just so you know, copyright is one of those modern gimmicks intended to produce profits in no relationship to the products delivered. Capitalism, supply/demand and all that crap is all good on paper, but so is Marxism - in practice consumers will part with money not because of true demand but beacuse most of them are brainwashed sheep. Want proof? In the non-digital period there were authors. They get paid a LOT less then in days the of digital $500 million dollar block-busters. Shakespeare was a poor sod compared to ANY lousy paperback author. Did the quality of the works improve because billions of dollars CAN be milked out of peanut-brained, hypnotized cattle?

      You be the judge.

    51. Re:This guy sort of brought it on himself by elflord · · Score: 2
      You know, attacking someone's grammar to bolster your point is fit only for brainless dick-heads.

      You mistakenly assume that my motivation was to "bolster my point". Actually, what motivates me here is that I simply find the level of illiteracy on slashdot annoying.

      Capitalism, supply/demand and all that crap is all good on paper, but so is Marxism

      Marxism fails even on paper, because it does not make the assumption that people will act in their own best interests.

      Did the quality of the works improve because billions of dollars CAN be milked out of peanut-brained, hypnotized cattle?

      It's difficult to compare the quality of the works. However, if you look at all the creative works produced over the last 50 years, I would suggest that you would find an enormous collection of works of exceptional quality.

    52. Re:This guy sort of brought it on himself by Bobo+the+Space+Chimp · · Score: 1

      Guy incorrectly programs Aibo: it bursts into flames.

      Guy correctly programs Aibo: it kills a child, as the programmer intended.

      At the court case, "Deep Pockets" Sony gets sued. "Did your corporation know this web site was present? Yes? You allowed it to continue to exist and did nothing to prevent it? Yes? You knew the site might actually attract more customers to buy Aibo. Yes?"

      Nahhh, close 'em down. It's not worth it.

      --
      I am for the complete Trantorization of Earth.
    53. Re:This guy sort of brought it on himself by Bobo+the+Space+Chimp · · Score: 1

      > Up until just a few years ago, distributing
      > copyrighted materials without expecting any
      > compensation was not a crime (or at least, not a
      > punishable crime).

      Up until a few years ago, duplication and mass distribution of copyrighted materials cost actual $$$. It was rather costly to Xerox a book a hundre thousand times and mail it to people, or to tape an LP and mail it to a hundred thousand people. Moreover, those copies were always slightly flawed.

      --
      I am for the complete Trantorization of Earth.
    54. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      Is AMD or intel attacking hardcore overclocking websites because they are afriad they will be held liable if someone gets hurt? Of course not. Show me a legal case where such a thing occured.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    55. Re:This guy sort of brought it on himself by Bobo+the+Space+Chimp · · Score: 1

      Are AMD or Intel promoting this?

      And if they did (AMD, for example) then yet, if it burst into flames, they might very well be liable.

      --
      I am for the complete Trantorization of Earth.
    56. Re:This guy sort of brought it on himself by TheRevenant · · Score: 1

      You mistakenly assume that my motivation was to "bolster my point". Actually, what motivates me here is that I simply find the level of illiteracy on slashdot annoying. Let's not forget how international the internet is: English may be this guy's second, third or fourth language. I have a great deal of respect for multi-lingual people - their english is sometimes a bit off grammatically, but it's a hell of a lot better than my Chinese / German / Indonesian / Swedish / whatever. Not to mention that English is widely accepted as one of the hardest languages to learn...

    57. Re:This guy sort of brought it on himself by elflord · · Score: 1
      Let's not forget how international the internet is: English may be this guy's second, third or fourth language. I have a great deal of respect for multi-lingual people - their english is sometimes a bit off grammatically,

      I'm aware of these issues (my S.O. is not a native speaker). However, a lot of the people committing these lingual attrocities are American. BTW, non-native speakers tend to make more grammatical errors than spelling errors, and often use well-formed but idiosyncratic sentence structures.

      Cheers,

    58. Re:This guy sort of brought it on himself by AbsoluteRelativity · · Score: 0

      But who said sony is, would, or should promote this? Not me, and as far as I can tell no one in this thread directly said they should be.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
  14. Magic Word by Saxerman · · Score: 3, Insightful

    I was expecting more of an automated form letter, so I was pleasantly surprised by the personalization of the complaint letter. Are we gun shy now and flinching whenever someone challenges their "property" rights? Obviously their attitude of "please don't be curious about things we own" backed by the DMCA smells like rotten fruit, but I'd rather see them hand pick their targets and send friendly "We're Out to Get You" letters rather than putting on the gorilla suit and squishing everything in sight. Until the world discovers a better way to handle "intellectual property" what more can we expect from large companies like Sony?

    --

    A steaming cup of soykaf would be real wiz right now.

  15. So? by Anonymous+Pancake · · Score: 1, Interesting

    well in this day and age we don't buy products, just the right to use them.

  16. Roll over, play dead by WesBiggs · · Score: 2, Insightful

    Unfortunately, Sony is within their rights under the DMCA (a bad law in our quickly maturing police state). But wouldn't they be a lot more successful by co-opting this hacker's work and selling it to Aibo lovers? Copyright law shouldn't need to be used to stifle innovation.

    Quick, while you still can, program your Aibo to bite the hand that feeds it...

    --
    QWxsIHlvdXIgQmFzZTY0IGFyZSBiZWxvbmcgdG8gdXMh
    1. Re:Roll over, play dead by AntiNorm · · Score: 2

      Copyright law shouldn't need to be used to stifle innovation.

      Agreed. And the ironic thing is that copyright law was originally intended to promote innovation. But the Founding Fathers had a far different view of what copyright should be than what the corporate bosses^W^W lawmakers of today do.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    2. Re:Roll over, play dead by Anonymous Coward · · Score: 0

      "But wouldn't they be a lot more successful by co-opting this hacker's work and selling it to Aibo lovers?"

      In a word...NO. Sony probably already had the idea to provide that kind of software, or if they didnt they do now. Now, they can SELL it without someone saying "Hey, I thought of that first!". The poor guy can't do a damn thing because he did violate the DMCA. If he says something, he can go to jail. So now, he has to sit and suck it up and see his idea getting sold by a company with almost as much money as M$...Thank you DMCA, without you we wouldn't have travesties like this one...

      "Kill the lawyers? Naw, let's start with the poloticians!"

    3. Re:Roll over, play dead by mpe · · Score: 2

      Copyright law shouldn't need to be used to stifle innovation.

      In the USA copyright law exists for very specific reasons, set out in US Constitution. Stifling innovation is mutually exclusive with those reasons.
      Problem is that too few US citizens appear to have actually read their constitution. (With those charged with enacting legislation either being similarly ignorant or realising that they are unlikely to be challenged. e.g. when was the last time you saw news media coverage of US political news which even mentioned the US constitution?)

    4. Re:Roll over, play dead by mpe · · Score: 2

      Now, they can SELL it without someone saying "Hey, I thought of that first!". The poor guy can't do a damn thing because he did violate the DMCA. If he says something, he can go to jail.

      In this senario Sony would have stolen his IP.
      (Or maybe we should say "raped is IP", since that is the only other catagory of crime where a perp can use the law to reverse the apparent roles of perp and victim.)

  17. Just plain wrong. by Lemmy+Caution · · Score: 5, Insightful

    You know, there are some things that will someday seem obvious to any reasonably person as completely wrong and nuts, that at the times seemed completely rational. Racism, slavery, and the inferior status of women were all once taken mostly for granted by all except a few, but now are considered generally indefensible, at least in theory.

    Someday, the true may be said of this idea: that corporate ownership of intellectual property takes priority over folk and grassroots enthusiasms (particularly nonfraudulent and not-for-profit ones); that the owners of popular culture enjoy the benefits of the ubiquity of that culture, a culture which has in some sense colonized our subconscious (I have dreams with Bugs Bunny and the Enterprise in it - but if I depicted one of my own dreams publicly, I'd risk a lawsuit) but refuse to allow that ubiquity when it doesn't serve them.

    Unfortunate, there is no indication that the increasingly global plutocracy is going to become reasonable any time in the near future. But I still hold out hope. What would it take for that to happen?

    1. Re:Just plain wrong. by Anonymous Coward · · Score: 0
      What would it take for that to happen?

      An international democratic effort to create new direct democratic decision-making processes which combine the knowledge-evaluation with the decision-making through easy-to-use interfaces. The establishment of said processes can occur in several stages, starting on a strictly membership-based level (party) and slowly expanding to local and national governments. Democracy must be first created before we can enjoy it, for it has never been.

    2. Re:Just plain wrong. by Anonymous Coward · · Score: 0

      Shut up, you nigger whore. Pick me more cotton, 'fore you see the backside of my hand.

    3. Re:Just plain wrong. by Tom7 · · Score: 2, Troll


      What will it take?
      Massive civil disobedience, a la Napster...

      I don't think that the IP holders can win this war the way they're trying to. Until they provide the same materials more conveniently, there will be always be Napsters and Morpheuses and Aibohacks. As one is shut down, others will pop up.

      The DMCA might be a bad law, but effectively I'm able to take all the rights I'd wish to have under a perfect system. So do most people. So who is winning?

    4. Re:Just plain wrong. by FFFish · · Score: 2

      Mod ol' Lemmy up! He's so damn right.

      I'm going to take the same attitude with Sony as I have with other abusers of patent and copyright law. If there's opportunity to put the shaft to 'em, I'm gonna.

      Should I ever have an Aibo, I'll be doing my damnest to hack it.

      --

      --
      Don't like it? Respond with words, not karma.
    5. Re:Just plain wrong. by FFFish · · Score: 2

      (er, not that the bit there where he's got Sony's files online. That, he shouldn't have. But the how-to-hack info? Fuck Sony.)

      --

      --
      Don't like it? Respond with words, not karma.
    6. Re:Just plain wrong. by Anonymous Coward · · Score: 0

      Strange how I fall from beeing impressed by your ideas first and ended beeing scared by your plutocraty...

      It's the democraty (the less wrong of all sort of government) which gave us geeks this beloved technological explosion.

    7. Re:Just plain wrong. by mpe · · Score: 2

      I don't think that the IP holders can win this war the way they're trying to.

      Except that it corporate (especially large corporate) "IP" holders who are enguaging in this.
      If this were simply about copyright holders then you'd stuff to be being pulled off the websites of large corporations daily at the request of individuals and small business.

    8. Re:Just plain wrong. by Anonymous Coward · · Score: 0

      - Should I ever have an Aibo, I'll be doing my damnest to hack it.

      Yup, but since it seems you haven't one yet, do the right thing and don't buy one, at any cost. At least a new one.

    9. Re:Just plain wrong. by Anonymous Coward · · Score: 0
      Unfortunate, there is no indication that the increasingly global plutocracy is going to become reasonable any time in the near future. But I still hold out hope. What would it take for that to happen?


      You could emulate 18th-century France....

  18. Sony vs. Lego by fossa · · Score: 2, Interesting

    While slightly different I think, it's interesting to contrast this with Lego's attitude toward hacking MindStorms.

    1. Re:Sony vs. Lego by c_jonescc · · Score: 1

      Er, what did Lego do? Oh, I guess I should look it up myself. Here's the original /. post on the Lego response to hacks.

      Toodles and poodles.

      http://slashdot.org/articles/01/09/12/0327200.sh tm l

      --
      Getting diabetes AND salmonella would be a bad weekend.
    2. Re:Sony vs. Lego by AndroidCat · · Score: 2

      LEGO really didn't care about other people making software for their product -- In fact, they seemed quite happy. Their only problem was over trademark because if they don't defend it, they lose it.

      I'm surprised Sony didn't complain about the use of Aibo in some of the software. They've got him dead to copyrights of "backup" copies of Sony software. (If I was Sony, I'd review the business plan: Are they selling hardware, software, both?)

      Too tired to of other points, shutting down...

      --
      One line blog. I hear that they're called Twitters now.
  19. I have a penis by Dolly_Llama · · Score: 0, Offtopic

    Where do I sign up?

    --

    Somewhere, something incredible is waiting to be known. -- Carl Sagan

  20. Not fair by tomstdenis · · Score: 1, Funny

    While I disagree with Sony's use of the DMCA to shut down fan websites, I have to say this to the group

    GET A LIFE, GO OUT AND BUY A REAL FRIGGIN DOG!

    --
    Someday, I'll have a real sig.
    1. Re:Not fair by Anonymous Coward · · Score: 0

      On your advice I went out and bought a real dog. He pooped on my carpet. Where do I send the steam cleaning bill?

  21. DMCA? Cited where? by aka-ed · · Score: 1
    citing the Digital Mellennium Copyright Act

    Even if you spell "Millenium" correctly there is no such citation in the letter. This is a standard copyright claim, that would be no less valid (or invalid, IANAL) prior to the passage of the Act.

    Up until now, it's been remarked how surprisingly tolerant Sony has been of Aibo hacking, and the hacking of Sony's proprietary software. The fact is they weren't as tolerant as hoped, merely slow to act.

    Frankly, it's a relief that Sony finally decided to assert their ownership. Perhaps now the recurrent nightmares of a loner Aibo terrorist-hacker unleashing an army of K-9 mechas on the White House will finally cease.

    --
    I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    1. Re:DMCA? Cited where? by lkaos · · Score: 1

      Similarly, your response regarding the copy protection protocol does not justify your actions.
      Your discontinuation of "Format AIBO" is certainly a step in the right direction. However,
      your site still contains information providing the means to circumvent AIBO-ware's copy
      protection protocol constituting a violation of the anti-circumvention provisions of the Digital
      Mellennium Copyright Act.


      So, we can spell, but unfortunately, we haven't learned to read yet...

      Sorry, I just had to.

      --
      int func(int a);
      func((b += 3, b));
    2. Re:DMCA? Cited where? by aka-ed · · Score: 1

      Pardon, it does cite the "Mellenium" act. Maybe that's some kind of Japanese law?

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    3. Re:DMCA? Cited where? by Anonymous Coward · · Score: 0

      Doesn't anybody here feel that, after IBM and after Microsoft, Sony is a good candidate for beeing the next Big Bro ?

    4. Re:DMCA? Cited where? by Anonymous Coward · · Score: 0
      from the original:
      citing the Digital Mellennium Copyright Act

      from aka-ed's stupid post:
      Even if you spell "Millenium" correctly...

      Yes, even if you spell Millennium correctly... sheesh, if you're going to point out a spelling error, at least make sure not to make one yourself. Retard.

    5. Re:DMCA? Cited where? by aka-ed · · Score: 1

      I am humbled by your razor-sharp-wit. Moron.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  22. hmmmm by xbrownx · · Score: 1

    Slashdot has been having a lot of spelling errors lately...

    MS Frontpage has a spellcheck feature doesn't it?

    1. Re:hmmmm by Anonymous Coward · · Score: 0

      They do that on purpose to get the posting started. Va linux is in serious financial trouble, they need all the posts and pageviews they can get. So posting a flamebait story chock full of spelling errors is sure to hook in some self righteous nerd that thinks he outsmarted someone by catching the blatant error. This raises up the post count. They need as many hits as possible. Also notice how since tacos little "i'm selling out" announcement they haven't been modding down posts as feircly, why not? becuase if you mod down every to -1 they get banned and can't post. Less posts means less pageviews and less pageviews means less profit.

    2. Re:hmmmm by hawkfan · · Score: 1

      Slashdot has been having a lot of spelling errors lately...

      You're right, what's so hard about ispell -a?

    3. Re:hmmmm by Lemmy+Caution · · Score: 1

      Have you run ispell on html lately?

    4. Re:hmmmm by hawkfan · · Score: 1

      It's not an issue for /. text boxes really. If you need an html spell checker however, aspell's sgml mode does a pretty good job.

  23. Not really a DMCA issue by fm6 · · Score: 3, Insightful
    I'm not familiar with the software that Sony wanted removed. Sony seems to think that that some software was copied or modified Sony product, and the site owner doesn't contradict this. If that's true, than any DMCA issues are secondary.

    The site owner's logic seems to be, "OK, I'm violating Sony copyrights, but by doing so I'm helping them sell hardware, so it's in their own interest to overlook my violation." He's obviously ignorant of a basic fact of copyright law: if you own a copyright, you must enforce it, or risk losing it. This was true long before the DMCA came along.

    Sony might seem to be less enlightened than hacker-friendly outfits like TiVO and Lego. But these companies have merely refrained from prosecuting people who reversed-engineered their systems without trying to rip off software or content. That's not a "prosecute or lose it" issue. If you started distributing modified TiVO or Lego Mindstorms software, they'd be on you in a flash.

    1. Re:Not really a DMCA issue by fossa · · Score: 1
      He's obviously ignorant of a basic fact of about copyright law: if you own a copyright, you must enforce it, or risk losing it.

      Are you sure about this? This is definitely not the case with patents, and definitely is the case for trademarks, but copyrights? If it was the case for copyrights, wouldn't the RIAA be outa luck by now?

    2. Re:Not really a DMCA issue by djmoore · · Score: 2, Informative

      He's obviously ignorant of a basic fact of copyright law: if you own a copyright, you must enforce it, or risk losing it.

      *weary sigh*

      No, you're thinking of trademark laws. Copyright can be enforced or not, now or later, entirely at the whim of the copyright owner.

      The fundamental difference is that copyrights protect the interests of the creator, by allowing the creator to decide who can and cannot duplicate the item in question. Trademarks protect the interests of the consumer, by preventing "inferior" knockoffs of a product from being marketed as the original. If a trademark holder ignores infringement, the damage is irreparable, and the mark loses force in fact.

      Sony could play nice by granting a license to select hackers' sites, and thereby remove even the appearance of neglecting their interests. In this case, they could have asked that actual copies of their software be removed from the site, while permitting, even encouraging, the how-to files and
      new software, akin to what we've seen with Lego Mindstorms. Instead, they've killed a potentially fanatical market. They're within their rights (as defined by the evil DMCA) but by doing so, they've proved themselves idiot bullies.

      --
      In the wrong hands, sanity is a dangerous weapon.
    3. Re:Not really a DMCA issue by tom's+a-cold · · Score: 1

      "Prosecute or lose it" does not apply to copyright. You're probably thinking of trademarks, which can pass into the public domain if they become terms of common use. Nothing of the sort can happen to copyrighted material.

      --
      Get your teeth into a small slice: the cake of liberty
    4. Re:Not really a DMCA issue by m0nkyman · · Score: 1

      He's obviously ignorant of a basic fact of copyright law: if you own a copyright, you must enforce it, or risk losing it. This was true long before the DMCA came alon

      BZZZT. Wrong. You're thinking of trademarks. Copyrights don't have to be enforced.

      --
      ~ a low user id is no indication I have a clue what I'm talking about.
    5. Re:Not really a DMCA issue by Hairy1 · · Score: 1

      The ignorance is yours, because it is Patents and Trademarks which must be enforced, not Copyright. If you write and publish a book, and some individuals copy the book without your permission, you do not have to sue them in order to retain your rightfull copyright in future.

      In this case Sony seems to have totally lost the plot. The idea that a large number of Aibo's are purchased for hacking means that they are actually harming their customers with this action, even if they are legally correct (which I actually doubt).

      Perhaps in future we should suggest to robotics companies that they apply for a mark like the OSI Mark, which indicates they are happy for people to play with the hardware. This way robotics people will know up front that they will have no legal worries.

      This could be backed up with release of the software specifications, and even developers kits. I think Lego has the right idea. I purchased Mindstorms myself. I will now never consider purchasing an Aibo.

    6. Re:Not really a DMCA issue by hilker · · Score: 1
      He's obviously ignorant of a basic fact of copyright law: if you own a copyright, you must enforce it, or risk losing it. This was true long before the DMCA came along.
      IANAL. This has never been true of copyright. You're thinking of trademarks. Not defending your copyright can make it more difficult to sue for damages. That's it.
    7. Re:Not really a DMCA issue by cpt+kangarooski · · Score: 1

      Patents also do not need to be enforced.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:Not really a DMCA issue by cpt+kangarooski · · Score: 1

      Well, there are two caveats with your post:

      1) Copyright enforcement may or may not be possible if the copyright holder has done certain things. This is a _narrow_ exception, but IIRC (IANAL) there have been applications of latches and copyright abuse theories to certain copyright holders who, for example, led someone to believe that they were allowed to infringe with license, in order to make them a target for a lawsuit.

      2) Copyrights do not exclusively protect the interests of the creator. They also protect the interests of society and the interests of the public domain. Congress too has great latitude in deciding who can and cannot copy a work in question. (e.g. by simply denying copyright to code, as was done until the 70's) There was a nice appellate decision recently that reinforced this point.

      I agree though, it's stupid for Sony to do this. They should've ignored it, or perhaps even granted him (or all Aibo owners, or everyone) a limited license.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    9. Re:Not really a DMCA issue by crawling_chaos · · Score: 1
      A clarification for the umpteenth time:

      Copyright law does not require that you enforce it, that's trademark law. Not doing anything about this web site would have no bearing on whether or not they would be able to enforce their copyrights against another individual or company. The DMCA has changed nothing in this regard.

      IANAL, but I work with IP lawyers, so I have this on pretty good authority.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    10. Re:Not really a DMCA issue by TGK · · Score: 2

      Examples of this are phrases like Kleenex, Scotch Tape, and Saran Wrap right? Or am I thinking of something else?

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    11. Re:Not really a DMCA issue by M.+Silver · · Score: 2

      This has never been true of copyright.

      Minor nit: yes, it has been, early on. I think the 1928 (or thereabouts) changes in US copyright law eliminated that, although it might have been earlier. In any event, it's pretty safe to say it never worked that way in any Slashdot reader's lifetime.

      You *can* lose the ability to claim certain damages, though... basically, it cuts an infringer a certain amount of slack by saying "Okay, so you saw Company X violate the copyright without consequence and thought it was okay, so maybe your violation wasn't malicious."

      (Someone with a working memory can probably provide the actual terms and dates and stuff if anybody really cares.)

      --

      Slashdot's token middle-aged housewife
    12. Re:Not really a DMCA issue by Anonymous Coward · · Score: 0

      This is not accurate -- it's trademarks that must be actively protected from common use (e.g. Kleenex, Xerox), not copyrights.

      --foo

    13. Re:Not really a DMCA issue by tom's+a-cold · · Score: 1

      You bet. Also, in the UK, Hoover, Biro, Durex and I forget what else.

      --
      Get your teeth into a small slice: the cake of liberty
  24. Old-school copyright violations too by Argy · · Score: 5, Informative

    While Sony's letter did invoke the DMCA in regards to instructions on circumventing copy protection, most of the files that were requested to be removed were due to standard copyright law. If the author performed edits on Sony's binaries, and redistributed them, then that is a pretty blatent copyright violation. (Not positive that's what he did, but it sounds that way from the letter.) If he published only binary patches, I think he'd be in the clear on copyright law, and probably be safe from the DMCA if he didn't say how to install the patches.

    On the other hand, I don't blame him for saying "screw it." Sony ought to lighten up and figure out how to support fans like this while maintaining their intellectual property rights.

    1. Re:Old-school copyright violations too by AiboPet · · Score: 2, Insightful

      > If he published only binary patches, I think he'd be in the clear on copyright law

      I originally was going to post only patches (it would make the downloads smaller too).

      Other than inconvenience for the user, posting the patching tool could be dangerous. Such a tool could be used to defeat the relatively weak copy protection of Sony AiboWare.

      This clearly gets into the DMCA area, and my goal was to help increase AIBO sales not decrease them.

      The current approach was to provide new functionality while maintaining the copy protection of the existing system.

      No good deed goes unpunished!

    2. Re:Old-school copyright violations too by unitron · · Score: 2
      "...my goal was to help increase AIBO sales not decrease them."

      I don't doubt your sincerity or good intentions, but perhaps you should have contacted Sony first to see if they wanted you to help increase sales of this product in your own particular way. Perhaps they had some other, likely to be even more financially successful, approach toward increasing sales planned which was incompatible with your approach. Strange as it may seem, there are plenty of people out there mentally challenged enough to mistake you for someone working for or in concert with Sony, potentially leaving Sony at risk of legal action (time and money-consuming, even if eventually thrown out of court) and bad publicity as a result of actions of yours over which they had no control. Perhaps there are situations where forgiveness is more easily obtained than permission, but you might think twice before adopting that as standard operating procedure.

      --

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

    3. Re:Old-school copyright violations too by AiboPet · · Score: 2, Insightful

      > perhaps you should have contacted Sony first to see if they wanted you to help increase sales of this product in your own particular way

      This is a big company we are talking about.

      I have made such offers, and usually they just ignore my email or say "we'll think about it".

      So if I were to ask them to do anything other than buy their products and use them as originally designed - the answer would be no.

      -=-=-=-=

      For many reasons, I don't expect them to actively support hacking.

      At best it would be nice for them to condone hacking, especially when it helps their bottom line.

      -=-=-=-=

      I have been doing this stuff for almost 2 years now. Some of the files they wanted pulled are almost that old (for the ERS-111).

      With the ERS-210 (about a year after my initial hacking), they encrypted most of the software - not necessary for copy protection - but for hacking protection (ie. to stop people hacking == me).

      Of course, that in itself was a good hacking challenge.

      I never actually figured out how they do the encryption -- that wasn't necessary because my AIBO already knew how.

    4. Re:Old-school copyright violations too by Trinition · · Score: 2


      Sony probably had no choice. If they let this guy slide by under the guise of a fan,a nd them some blackmarket knowckoff comapny from China started distributing their robot and Sony tried to sue...

      "So, council, you client chose not to protect its intellectual roperty in one case, but does choose to do so here? Perhaps because the defendant has more money? I'm sorry, but I'm throweing this case out. If you had wanted to protect your client's rights, you shold've done so consistently."

      </DEVILS_ADVOOCATE>

    5. Re:Old-school copyright violations too by Alsee · · Score: 1

      defeat the relatively weak copy protection of Sony AiboWare. This clearly gets into the DMCA area

      Let me take a wild guess here. The "copy protection" did absolutely ZERO to even inconvience copying/readying/writing. All it did was encrypt it.

      Is it just me, or is everyone starting to get sick and tired of the term "copy protection" being used when it doesn't affect copying?

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:Old-school copyright violations too by Frank+T.+Lofaro+Jr. · · Score: 2

      THIS IS NOT TRUE WITH COPYRIGHTS.
      THIS IS NOT TRUE WITH PATENTS
      It is (sometimes, somewhat) true with trade secrets and trademarks.

      COPYRIGHTS AND PATENTS CAN BE DEFENDED SELECTIVELY WITH NO LOSS OF ENFORCABILITY.

      Sorry for yelling, but I have seen this mistake made many times here on Slashdot.

      --
      Just because it CAN be done, doesn't mean it should!
  25. DCMA by rbright · · Score: 5, Funny

    The DCMA makes me embarassed to be a citizen of the UAS.

    1. Re:DCMA by Anonymous Coward · · Score: 0

      ROFLOL

    2. Re:DCMA by Anonymous Coward · · Score: 0

      Great one, I didn't even notice that. ;)

    3. Re:DCMA by zerocool^ · · Score: 2

      i don't get it

      --
      sig?
    4. Re:DCMA by Anonymous Coward · · Score: 0

      In the original article, DMCA was spelled backwards "DCMA" so he used "UAS" instead of "USA".

    5. Re:DCMA by Alsee · · Score: 1

      ROFLOL

      Umm, don't you mean ROLFOL?

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:DCMA by Anonymous Coward · · Score: 0

      United Arab emirateS ?

  26. Lego Mindstorms by codepoetica · · Score: 1

    Come on people! Sure the programs were copyrighted. So? Sony was making money off the hardware, not the software. Lego showed us the way with Lego Mindstorms.

    Without the customer community, there would bo no company. I for one will not by buying from Sony this Christmas. Promote fanaticism of your user base, it's the only way for a company to survive.

    1. Re:Lego Mindstorms by thogard · · Score: 1

      The customer community would imply that the customers talk to each other and that is very bad news for most very large compaines. They want you to buy what they are pushing. If you talk, other people will learn about other options.

    2. Re:Lego Mindstorms by Fizzlewhiff · · Score: 1

      I'm amazed by the number of posts by people who think it is perfectly fine to violate Sony's copyright because in order to use the software you have to buy an AIBO. Perhaps this guy, by showing people how to break their encryption and hack the AIBO, has infringed on future business plans for the AIBO.

      Sony sells a programming kit for $500. This guy's web site might impact those sales. A company that develops hardware and software copyrights them for a reason. They want to protect their intellectual propery and make a profit. Face it, not all software can be free. Sometimes people (including programmers, engineers, musicians, and authors) need to make money so they can earn a living.

      --

      'Same speed C but faster'
    3. Re:Lego Mindstorms by airos4 · · Score: 1

      If I buy a VCR, am I only allowed to watch stuff I buy straight from the corporations creating videotapes? Or can I take a camcorder, record my kids, and watch it at my leisure? Computers and other tech toys are just playback devices for the software inside. In this case, the guy wrote his own software and distributed it. Sony doesn't like it, tough beans. As for the programming kit, he clearly didn't need one. I agree that his backups of the AiboWare from Sony are questionable at best, but his own intellectual property designed to run on the Aibo platform should be allowed. Or can Intel sue us all for writing stuff for their proprietary 8086 and derivative processors?

      --
      I wish there was a choice that said "Factually Wrong -1" when I mod.
    4. Re:Lego Mindstorms by Fizzlewhiff · · Score: 1

      This guy broke Sony's encryption scheme, modified their software, and then distributed it. Using your VCR analogy that would be similar to buying a movie, editing in your own scenes, and then giving copies away.

      Can Intel sue us for writing code for their proprietary processors? If it was in their EULA they might be able to, but again that is not close to the issue. The issue is taking someone else's work which they took the trouble of copy protecting, breaking it, modifying it, and then giving it away like it was his own. And all Sony did was tell him to stop and remove what he did. Under the DMCA they probably could have had him arrested. The guy is lucky if you ask me.

      --

      'Same speed C but faster'
  27. no shit! by cmdr_shithead · · Score: 0

    YES shit.

  28. Any Petitions to Sign? by Ashcrow · · Score: 1

    Are there any petitioms to sign against Sony and it's half way war against it's coustomers? First they refused to provide source with a shipped GPL program in one of their products, and now this! Of course lets not forget other things they've done in the past (Fake critic?).

    I use to be a fan of Sony.

    1. Re:Any Petitions to Sign? by Anonymous Coward · · Score: 0
      Yeah. They're called checks to their competitors when buying consumer electronics in the future.

      ~~~

  29. the usual.... by elmegil · · Score: 2
    So does anyone have any mirrors of this software? Unlike similar past situations, it would appear that it was removed from the main site before the big splash; but you'd think some other Aibo owner may have copies....

    Anyone?

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    1. Re:the usual.... by Anonymous Coward · · Score: 0

      look at the cached urls in google

  30. oh who cares by Anonymous Coward · · Score: 0

    the aibo is a fucking peice of shit anyways.

    it's only a few steps above one of those teddy ruksbin peice of shit stuffed bears.

  31. Strategy to Deal with the Enslavement of Ideas by dh003i · · Score: 2, Insightful

    Here's a general strategy to deal with the overzealous "intellectual property"(more appropriately, idea enslavement) views that the government, corporations, and private "information owners" take.

    1. Copy all such useful things to your hard drive -- the files, and the website.

    2. Redistribute these files on Kazaa, LimeWire, Usenet, the Internet, etc etc.

    3. Repost these files on to-the-point(no graphics) websites using servers in countries which do not respect copyrights.

    4. Pursue any other viable means to liberate information and to better give consumers the RIGHT to obtain maximal utlity out of the products THEY own. Inform people about THEIR right to have access to backup copies, to modify/tweak their software, and to offer such modifications/tweaks to the public. Inform people that this right -- say, for example, to publish a texture "patch" for Quake -- which they take for granted, is something companies are trying to eliminate.

    This is, in short, a non-traditional civil disobediance approach. No, we are not doing this in public, and letting the police come and arrest us and beat us down. For one thing, we should not have to be treated so horribly for simply exercising OUR rights; for another, that type of approach only works when you have an issue which is simple, and which the vast majority of the public can easily sympathize with(i.e., like segregation). If the issue is too complicated, such as is intellectual property, the general public will not be able to sympathize.

    So our approach is use civil disobediance in an anonymous manner. No, we will not be wrongfully scapegoated for doing this. This form of civil disobediance will bring down the laws, ultimately, by making them infeasible and non-workable. If enough people disobey a law, it will go away. Prime example is the ill-informed "prohibition" law. Examples of laws that will eventually go away due to mssive disregard of them and disobediance of them include laws against sodomy, laws against prostitution, laws against stripping, laws against milder drugs such as pot, laws against abortion, laws against assisted-suicide, and laws which enslave information.

    1. Re:Strategy to Deal with the Enslavement of Ideas by Anonymous Coward · · Score: 0

      Shut up you communist swine.

    2. Re:Strategy to Deal with the Enslavement of Ideas by Anonymous Coward · · Score: 0

      Maybe if you actually went outside and interacting with other normal non-nerd people you'd realize prohibition is alive and well, against marijuana smokers.

      There was no CIA, NSA, FBI, Mi6, etc. in the days of the boston tea party.

      Martin Luther King brought civil disobedience to new heights in america and what happened? he got executed by the CIA.

      If the founding father tried that today i'm sure one would die of a "drug overdose", another would have suddenly commit suicide out of the blue, and another would be caught with a load of cocaine that somehow fell into his trunk at a traffic stop and sentenced to 25 years in jail.

      People fighting cuases alot more important than tinkering with a toy dog have been stopped in their tracks and made no progress against the government.

      Downloading a bunch of warez isn't gonna change anything.

      Times they have a changed. That revolutionary hero shit won't get far into today's america.

    3. Re:Strategy to Deal with the Enslavement of Ideas by Have+Blue · · Score: 2
      2 factual errors in your post:
      • id software encourages Quake modding, they realize it adds value to the product and have written the EULA to allow it (as I understand). They only draw the line at the Quake executable.
      • Laws against prostitution were, I believe, originally designed to control the spread of disease. This is still a reason for them to exist.
      On a more general note, I would say that the way to defeat a law is to show how it is wrong, not just ignore it as blatantly as possible and hope it goes away before they pick you to arrest out of all the available offenders. That tactic doesn't seem to be working for the war on drugs.
    4. Re:Strategy to Deal with the Enslavement of Ideas by dh003i · · Score: 1

      id software encourages Quake modding, they realize it adds value to the product and have written the EULA to allow it (as I understand). They only draw the line at the Quake executable.

      Int that case, they still don't offer consumers what should be their right -- to modify and obtain modifications for THEIR property as they see fit. Why shouldn't consumers have the right to modify their executable, or easily obtain a modification?

      Laws against prostitution were, I believe, originally designed to control the spread of disease. This is still a reason for them to exist.

      Actually, by illegalizing it you prevent any effective regulation, thus encourage the spread of disease. If it were legal, services would have safety regulations and few would risk going to an illegal service when there was a legal alternative available. Irrelevant of "disease spreading" it only affects those who VOLUNTARILY choose to be involved with prostitution or prostitutes. Their choice. No one has the right to tell me what to do or not to do with my body. If I get a disease from that, my fault.

    5. Re:Strategy to Deal with the Enslavement of Ideas by crucini · · Score: 2

      Well, it's an interesting suggestion, but I don't quite see why the government would want to repeal the laws. Massive sneaky disobedience, especially of a nonviolent sort, sounds like a law enforcement wet dream. A huge reservoir full of tasty fish. They just apply the tactics of the War on Drugs (searches, informants, giving people reduced sentences in exchange for information) and they've got a steady stream of risk-free convictions, rising budgets, and increased public appreciation. And the "sneaky" nature of the disobedience makes it easy to villify the copiers.

      Of course our booming prison industry would also benefit from a new stream of inmates.

      However my approval is not required. What you described is what's going to happen, like it or not.

    6. Re:Strategy to Deal with the Enslavement of Ideas by TheOnlyCoolTim · · Score: 1
      id software encourages Quake modding, they realize it adds value to the product and have written the EULA to allow it (as I understand). They only draw the line at the Quake executable.

      Int that case, they still don't offer consumers what should be their right -- to modify and obtain modifications for THEIR property as they see fit. Why shouldn't consumers have the right to modify their executable, or easily obtain a modification?


      Because once you let people download the .exe from any modification site they basically have Quake without buying it at all. A main selling point of Quake 3 and Half-Life (after it was out for a while) are the user mods - and you have to BUY THE GAME to play the mods.

      And, it would lead to problems if modders modified the .exe. You would probably have to reinstall every time you wanted to play a different mod, because each mod's .exe would be incompatible. That is why all the mod code is contained in a .dll file that the .exe loads up.

      Tim
      --
      Omnia vestra castrorum habetur nobis.
  32. Well done Sony... by RupertJ · · Score: 1

    You've just gone and alienated a substantial number of future Aibo purchasers.

    When we pay out $1500 for a robot dog, it is ours to do with as we please. Sure, enforce copyright, but it's not as if the software will run if someone hasn't bought the AIBO to run it on in the first place!! Either way, Sony still get their money for the unit, and anyone who downloads "hacked" software will still have to buy an AIBO to make any use of it. This was mentioned in the letter, but this is illogical under the circumstances as I can see aibohack.com only generating further interest in the AIBO product for people interested in robotics programming projects etc etc

    OTOH, copyright law is quite specific, so there are arguments against everything I've just written. Still, an opinion nonetheless.

    1. Re:Well done Sony... by noizefloor · · Score: 1

      The only cogent reason to get an AIBO in the first place is to make it more than what it is. The people who stand to lose from Sony's pursuit of this guy are a) people who have an AIBO or were thinking about getting one, and b) Sony, who now may not sell as many. They are chasing away customers with a stick, bottom line. If you disagree, you're wrong.

      --
      If you disagree, you're wrong.
  33. The problem is... by VValdo · · Score: 3

    1. zipping a file compresses it but it is not a technology primarily designed to protect copyright.

    2. He is not disputing what is in the zipped files.

    This is yet another reason not to buy Sony products...

    --
    -------------------
    This is my SIG. There are many like it, but this one is mine.
    1. Re:The problem is... by Anonymous Coward · · Score: 0

      True. True. Thank you for the enlightening commentary Mr VValdo.

    2. Re:The problem is... by MadCow42 · · Score: 2
      >> 1. zipping a file compresses it but it is not a technology primarily designed to protect copyright.



      Unless he uses the "password" option when compressing the file. This is standard in most ZIP programs these days. He could use a password that could be distributed separately, and not directly "said" to be the password.



      MadCow.

      --
      I used to have a sig, but I set it free and it never came back.
  34. lame by Anonymous Coward · · Score: 0

    I'm so bored of the slashdot editor purposely making obvious spelling mistakes in a way to get the discussion started.

    Throw in a few blatant spelling errors and that garentees a few posts almost immediatly to kick off the story.

  35. This isn't Sony's only problem... by SONET · · Score: 2, Interesting

    This just gives me one more reason to be glad that I stopped buying Sony products.

    I used to buy their products religiously, everything the top of the line. My first fun experience was when I brought my $800 (at the time) Sony VCR to their repair center, which happens to be located near me. They wanted $240 just to look at it. Then they were charging $80/hr. plus parts to fix it. The person I talked to at the service center said he thought he knew the problem from the symptoms, and it was about $500 to repair it after the diagnosis, parts, and labor. It really rubbed me wrong when he reached over to a pile of Sony catalogs and handed me one and recommended a replacement model that I could order right then and there. Was this a regular occurance for them? All this when my VCR had about 8 hours of use, and it was just over a month outside of their warranty period.

    I also had a similar experience with a camcorder I had spent over a grand on. That's when I decided to stop buying their products. They consider everything disposable, even after just a year of use (or no use for that matter). When I pay a premium for a product, I don't do it just to show other people the brand name. I do it because the company behind the name makes a good quality product and stands behind it. Sony used to make a good product, but they have never stood behind it for me.

    Not that they care with their sales volume, but until their service practices change and their product quality returns to what it used to be, they lost me as a customer.

    --SONET

    --
    Any fool can criticize, condemn and complain and most fools do. --Benjamin Franklin
    1. Re:This isn't Sony's only problem... by moolabooga · · Score: 1

      Aibos are also considered disposable. That is one of our biggest gripes. Unlike a VCR, people become emotionally attached to their robots. Hard to explain if you have not experienced it.

      It happens, and quite frequently.

    2. Re:This isn't Sony's only problem... by Anonymous Coward · · Score: 0

      The worst part about modern TV's, for example, is that they need not be so expensive to fix.

      I found the last of a dying breed, a real TV repair man, who fixed my giant (at the time), 17" home monitor. For $57.00, he looked at it, fixed it, I took it home, it wasn't fixed, brought it back in, he fixed it correctly for no additional charge (first fix was a guess.) Worked like a charm.

      It was a Supermac monitor for Mac, recently bought by Radius. Calling Radius? They gave us the option of a $600.00 repair (having a semi-sentient tech slide in an entire new whatever) or I had the "option" of buying a replacement Radius monitor for "only" $800.00".

      I remember posting what an incredible ripoff that was on their official boards, and the post was quickly removed.

      So, yes, TV's, VCR's, etc. can be repaired quickly and cheaply by old-school electronics repair people. However, that is not profitable to the corporations.

      They profit when entire modules are replaced by chimpanzee technicians. Hundreds for the module, incredible per-hour charges.

      Do yourself a favor, find one of these old TV repair shop people. They poke and search for loose solder joints, replace burned-out parts on the board level. Moreover, they frequently know exactly what is wrong, even on brands they haven't seen, due to their experience.

  36. Have it your way Sony... by evil-beaver · · Score: 1

    If you don't want me to use it the way I see fit then I won't have anything to do with your robot dog, I needed an excuse NOT to buy one anyway. Keep it up and I'll personally extend my boycot to your entire line of products.

    1. Re:Have it your way Sony... by Anonymous Coward · · Score: 0

      sure you will, haha, not.

      You know you can't go without cd, dvds, playstations, video games...

      i love these slashdot boycotts...

    2. Re:Have it your way Sony... by Ando[evilmedic] · · Score: 1

      In order:

      Panasonic, Hitachi, Nintendo Gamecube, other game developers.

    3. Re:Have it your way Sony... by Anonymous Coward · · Score: 0

      i didn't say cd players dippy, sony is a member of both riaa and the mpaa. So go ahead use your hitachi dvd player to play that movie owned by sony.

      And they own several game development shops.

      So you'll be selling out faster than commander taco can say "zdnet ads".

    4. Re:Have it your way Sony... by evil-beaver · · Score: 1

      I don't own a DVD player. I don't have any DVD's. WHY???? Why give a corporation that believes in the DMCA my money which they will use to hire lawers to sue me or others with? Why empower those assholes? Let Sony learn the hard way in the market place, either do business fairly and learn to play nicely or get shut out.

    5. Re:Have it your way Sony... by tomstdenis · · Score: 0

      Here's a tip. Don't break the law and they won't sue you.

      I'm sorry but the only reason for DeCSS is to copy DVDs. I seriously doubt many people actually have to decrypt some nice pics of LaraCrofts round lush breasts for a school project.

      ....

      --
      Someday, I'll have a real sig.
    6. Re:Have it your way Sony... by unitron · · Score: 2
      "...I needed an excuse NOT to buy one anyway."

      I'd have thought that the price tag (and all the other stuff on which you could have used the money instead) would have served that purpose admirably.

      --

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

    7. Re:Have it your way Sony... by Ando[evilmedic] · · Score: 1

      Why give a corporation that believes in the DMCA my money which they will use to hire lawers to sue me or others with? Why empower those assholes?

      I totally agree. This is why we should boycott. Protest by buying other brands (hitachi, whatnot)

      I don't own a DVD player. I don't have any DVD's. WHY????

      Because as a society we have to progress, and embrace the new and better coming standard. That, and I'm going to kill myself if I have to fast-forward through a bunch of promos again.

    8. Re:Have it your way Sony... by evil-beaver · · Score: 1

      How many more laws have to be passed before we ALL realize that one day we could be sued for even breathing.

    9. Re:Have it your way Sony... by glenalec · · Score: 1

      I don't have a DVD player because the improvement over what I had before isn't sufficient to justify the extra expense!

      --
      The man with no surname and a silly hat

      On the universe: It's bunk.
    10. Re:Have it your way Sony... by tomstdenis · · Score: 0

      If you replace "breathing" with "illegally copying a movie" I think you will see the laws in the same light they do.

      DeCSS wasn't about free speech, it was about how to decode a DVD so you can copy the contents. The quicker you zealots realize that the better the world will become.

      --
      Someday, I'll have a real sig.
    11. Re:Have it your way Sony... by Anonymous Coward · · Score: 0

      I have done that for the past 5 years. I figue that works out to be around $1500 of toys.

    12. Re:Have it your way Sony... by dotty · · Score: 0

      lets see: Sony sales last year =$56,500,000,000
      to create a 1% decline in sales you'd need 400,000 folks to boycott them. Dreamland. If it makes you feel better, do it, but don't think for a second that they care.

    13. Re:Have it your way Sony... by Anonymous Coward · · Score: 0

      Fair use.

      A friend of mine uses DVD ripping software quite frequently to illustrate arguements with grabs and audio clips.

    14. Re:Have it your way Sony... by tomstdenis · · Score: 1

      Can you fast forward a dvd? Yes.
      Can you pause a dvd? Yes.

      Is fast forwarding and pausing more useful in dvds compared to VHS? Yes.

      So what's your point? So you can rip pictures out of the dvd, big deal. Nobody said you can't fast forward and pause to the picture you want.

      --
      Someday, I'll have a real sig.
    15. Re:Have it your way Sony... by evil-beaver · · Score: 1

      The laws of fair use allows anyone to copy whatever they like.It's the fair use laws that prevented the recordind industry from banning or imposing a restriction on radios with built in tape decks.The recording industry then implemented the DMCA, they couldn't beat the existing laws so they changed them, and we though inactivity and general sheepishness allowed it to happen. DVD decoding was the first hit by the DMCA, and the first guy to decode a DVD WAS for the purpose that he could watch a DVD on his Linux box, becuase the DVD manufacturer failed to provide a driver for linux.Yes, you can as a result of that download a movie now off of the internet.However it doesn't change that fact that previously before the DMCA a similar act of sharing a DVD would have been legal.In order to download a DVD someone has to share it, and sharing came under the fair use act.Government is a partisipatory sport, it demands all our attention and involvement for it to function and function PROPERLY, when we are lack it fuctions poorly.DMCA can be changed or removed entirely.The laws CAN be brought back to some semblance of normalcy. And perhaps even a compromise may be made, a consession to the recording industry in some way that satifies both parties. DeCSS IS about free speech.allthough OTHERS may pervert that free speech for their own ends, it still remains DeCSS was created in the first place to allow those with out drivers, to watch a DVD in thier homes.

    16. Re:Have it your way Sony... by tomstdenis · · Score: 1

      Nobody is saying you can't use the DVD content for fair use. You're still allowed cueing up a DVD to a spot for showing a class or presentation. You're still allowed pausing a DVD to show stills.

      What you're not allowed todo is decrypt a DVD and use it in anything other than a DVD-ROM or DVD player.

      I don't see how your fairuse rights are violated. Lets do some causality review.

      1. In order to legally view the content you'd need a DVD-ROM or Player.
      2. In order to show a class a picture from a DVD you need a player capable of reading DVD's.

      What's the big deal? You already own a DVD player nows its a matter of putting your two brain cells together and realizing you can use it.

      Heck in my schools they'd never dream of ripping pictures or parts from VHS tapes. They just cued them to where the story was.

      DeCSS is not about free speech, its about ripping DVDs plain and simple. If the authors of DeCSS were so concerned with sharing the algorithms they would have written a paper about it. Not released source code and binaries to rip DVDs.

      --
      Someday, I'll have a real sig.
    17. Re:Have it your way Sony... by evil-beaver · · Score: 1

      I think it's fair use if I use DeCSS to run DVD's on my Linux box.I think it's fair use if I want to copy the DVD from the DVD to my harddrive, so I can watch it.Becuase I paid for the disk, it's my hardware, I'll run what I like on it in the way that I like.It's certianly not fair to upload that copy to share with 100,000 people.That's what DeCSS was originally designed to do,to let people watch what they legally paid for, on hardware that that they paid for and the DVD manufacturer neglected to provide drivers for. I can watch and present DVDs to a class, but I can't if I'm using Linux to do it, and I'll violate the DMCA if I try to using DeCSS. RMS started out that way, he tried to write drivers for a printer, but he ran right into copywrite issues.the printer manufacturers wouldn't release the code to let him do it. I mean for crying out loud, If I blow out a tire on my bicycle what would you have me do? buy a new bicycle???Becuase if we don't stop crap like the DeCSS that's where we are heading for.Yes sharing your DVD's with everybody that SHOULD pay for them is wrong, but let's not lose our minds.

    18. Re:Have it your way Sony... by evil-beaver · · Score: 1

      " Becuase if we don't stop crap like the DeCSS " Kids, always hit preview, and not submit, before posting.oops.ha ha.

    19. Re:Have it your way Sony... by tomstdenis · · Score: 1

      Whoa dude, step away from your computer and learn how to write a thought out.

      First off, yes I agree that the DMCA is a bad law. I don't think it violates your fair use rights though. Fair use basically says that you can copy portions of a copyrighted material for the purposes of humour, story telling or education.

      Fair use says little to anything about copying entire works just because you want to. That's not the point of the law.

      And lets not forget that this is a free world. If you don't like the policies surrounding DVDs.... DONT BUY DVDS.

      Holy shit am I the only ./ reader with more than 5 brain cells?

      Tom

      --
      Someday, I'll have a real sig.
    20. Re:Have it your way Sony... by evil-beaver · · Score: 1

      I don't own any DVD's I don't have a DVD player, why would I buy one if the fair use issue around it hasn't been resolved.

    21. Re:Have it your way Sony... by Anonymous Coward · · Score: 0

      No, you're not. But it's a small minority.

      :)

    22. Re:Have it your way Sony... by tomstdenis · · Score: 1

      Then you're execising your right not to own a DVD or DVD player.

      Ironic that you're bitching about your rights being violated....

      Tom

      --
      Someday, I'll have a real sig.
    23. Re:Have it your way Sony... by evil-beaver · · Score: 1
      First i'm not bitching, I'm stating the facts of the matter as I see them in a public forum.

      Without resorting to insults I might add.

      Second my rights have been violated. If I ever did buy a DVD player it would HAVE to be for my Linux box, the majority of DVD players on the market do not have Linux drivers. So therefore any attempts on my part to get that DVD player working on my Linux box MIGHT be seen as a violation of the DMCA, so I CAN'T buy one. EVER, until this matter is settled.

    24. Re:Have it your way Sony... by tomstdenis · · Score: 0

      You're so full of shit it hurts.

      You can get DVD players for linux from commercial sources no? If not than thats more reason not to use linux.

      I dunno about you but I can watch DVDs on my computer just fine without breaking the DMCA.

      And no, "the right to watch dvds in linux" is not a civil right in either the US or Canada. "Fair use" is a law not a right. And fairuse was not abused either.

      And again, if you hate DVDs and the DMCA, don't buy DVDs, thats a right you do have.

      --
      Someday, I'll have a real sig.
  37. Sweet Revenge by Arcturax · · Score: 1

    I know! Reprogram your AIBO to kill DMCA and threat letter wielding Sony Execs and then return it saying its defective. With any luck, one of them will be doing a site visit on the factory that tries to recondition it.

    --

    --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
  38. Boston Content Party by Googol · · Score: 1

    It is clear that the "content" industry is the implacable enemy of civil liberties.

    The only moral course of action is to boycott content that isn't open. Don't go to movies, buy
    videos, or listen to music--unless it is produced
    by those who support liberty and not those who
    tread on it.

    There comes a time when you can't drink tea
    and be patriotic at the same time.

    1. Re:Boston Content Party by Googol · · Score: 1

      "Until they become conscious they will never rebel, and until after they have rebelled they cannot become conscious."

      --Alan Cox (quoted at http://www.cryptome.org)
      George Orwell said something very similar in
      _1984_

      Just because it "won't work" doesn't mean we
      can avoid doing it. Define what you mean
      by "work". Repeal of DMCA as a direct result?

      We could get that repealed if Linus would just
      make salt: encode the next Linux distribution
      with a public key. Let someone leak the private
      key. Then we all become DMCA violators. Let
      'em arrest us all.

    2. Re:Boston Content Party by IronChef · · Score: 2

      That's nuts. That's going too far. If I write a book, or a song, I am entitled to distribute it however I want, even I choose to use "artificial scarcity" to make profits.

      And I do write books, by the way, and sell them, and it would NOT BE POSSIBLE TO DO THIS if people could legally sell photocopies of my books at 1/2 the price, or distribute copies online. My business would not be viable, I'd get a cubicle job, and there would be less books on the market. That would be bad for the economy and bad for the consumer.

      In the scenario you propose, only slackers or the independently wealthly would be making content. And I am sure they could make some great stuff, but would it be enough stuff? Or good enough for everyone's tastes?

      Many would propose a system of voluntary donations. And I think that is good as a way to support the people who do choose to make free stuff. It's a nice gesture. But I doubt that such a system will ever work well enough to support whole entertainment industries.

      I think it is far more reasonable to simply roll back the copyright laws to the point where copyrights weren't granted seemingly forever, so that stuff would eventually enter the public domain. That way the content people can make their money and keep making content, and we aren't all held hostage to the IP companies forever.

      The only moral course of action is to boycott content that isn't open.

      I doubt you would be saying that if you had to try and pay the rent by creating content, as I do.

      Can you look a guy like me in the eye and say with a straight face "you are an amoral bastard for selling that book you wrote?"

    3. Re:Boston Content Party by Anonymous Coward · · Score: 0

      Can you look a guy like me in the eye and say with a straight face "you are an amoral bastard for selling that book you wrote?"
      Guess what, I can. You are free to sell your book, but if you mess with me when I copy it, I'll laugh in your face. Your arguments are pityful: I grew up in a country that abolished copyright when it had a rampant illiteracy rate of about 20%. Now, you yanks have 3 times as much illiteracy as we have. An average Russkie truck-driver has a better library at home than an American high-school teacher. Believe or not, content creators (that create toughtful, valuable content that is), are the most intensive consumers of content, and abolishing copyright is in their best interest. Information wants to be free!

    4. Re:Boston Content Party by Googol · · Score: 1

      I am arguing that participation in a corrupt system is immoral. The fact that Good Germans ought to be paid fair wages doesn't concern me.

      The tea sellers had a right to sell tea as well, but patriots decided not to drink it. I can decide not to read your books. Now you don't make money, same way.

      You're whistling in the dark.

    5. Re:Boston Content Party by IronChef · · Score: 2

      I am arguing that participation in a corrupt system is immoral.

      I can agree with that, but you still haven't explained how I am "immoral" for selling a book. I'm slow; spell it out for me.

    6. Re:Boston Content Party by Googol · · Score: 2, Insightful

      Fair enough. You've got it right that there are two points points here not one: (1) whether selling a book is per se immoral because "information wants to be free" and (2) whether we are participating in a corrupt system--and I haven't address (1) properly.

      In my post, I'm not arguing that selling the book is per se immoral. I'm arguing that in the present context participating in buying and selling with a corrupt intermediary is unpatriotic. This leaves open the possibility that you could use an ecologically-sound publisher. Since (2) is an assertion about what we should do, I'll just let it stand. My main purpose was to point out that it is inconsistent to rail against the DMCA or whatever and then give the lobbiests for it money by buying their stuff. We need to learn to do without the stuff, find alternates, or whatever. I don't recommend a boycott, but a complete change in lifestyle for people who feel strongly about this. Just say "no" to pay-for-content.

      A moderate version of this position is that we should do this only until the RIAA lays off the lobbying, because there is nothing wrong with selling content.

      I go further: we need to reform our lifestyle to do without that kind of content in the first place. You've asked me to address this aspect of what I'm saying specifically.

      Let me give an analogy. Suppose I am a toll collector in France in the days when "free trade" did not yet include the right to ship goods from one part of the country to another without crossing a hundred such toll booths and paying internal duties. Our toll collector might argue that he has a right to a living, that legally I should pay the toll and so forth.

      Now here I come along and say free trade ("free information") is the wave of the future and how things should be and that he is a part of a corrupt system. We change the system and now he needs a new job.

      This thread is getting stale, but if you want to continue the discussion, we can continue off line.

      =john= (Googol)
      jegoodwin3@earthlink.net

  39. No it's right! by Daath · · Score: 1

    It's DCMA!

    Defense Contract Management Agency :) Makes perfect sense ;)

    --
    Any technology distinguishable from magic, is insufficiently advanced.
  40. God damn by Anonymous Coward · · Score: 0

    My eyes are sore from reading the comments in that GAY FUCKING COLOR!
    /("&%!")%#"%(#"
    DIE DIE DIE DIE DIE DIE DIE DIE DIE DIE DIE

  41. Useless by Tha_Zanthrax · · Score: 1

    Did anyone put up a mirror ?!

    Why are they closing this one site down ?
    Things like this can't be helped, another site will soon rise and with a little bit of searching on Google you can still find all the programs that used to be on the site.

    This is the same crap as trying to shut down Napster, filesharing isn't dead. Look at download.com's Top10 downloads list, 5 out of the 10 are filesharing progs !!

  42. Well.. by mindstrm · · Score: 5, Insightful

    I read the letter.
    It seems very clear that sony is only trying to prevent this guy from
    a) Distributing software that sony definately has the copyright on
    and
    b) Telling people how to break sony's copy protection mechanisms to get such software.

    They have no problem with him writing his own aibo software... only with him stealing theirs.

    Now.. their use of the anti-circumvention stuff might be a stretch.... but this is a lot less draconian than many things we've seen.

    They also go into great detail to explain exactly what it is that bothers them, and exactly why (as opposed to some companies who simply make vague threats)

    1. Re:Well.. by AiboPet · · Score: 1
      > It seems very clear that sony is only trying to prevent this guy from
      ...
      > b) Telling people how to break sony's copy protection mechanisms to get such software.

      FWIW: the information that was formerly on the site intentionally provided insufficient details.

      It was intended as a challenge for others to try and figure it out for themselves.

      (I would repost the challenge here, but that would probably get me in trouble)

      The short answer is: read the Sony provided memorystick.org - all the information you need is provided on their site.

      If I could describe it, you may be surprised how simple the mechanism is (especially since it was created after MagicGate)

    2. Re:Well.. by mj6798 · · Score: 2
      It seems very clear that sony is only trying to prevent this guy from a) Distributing software that sony definately has the copyright on and b) Telling people how to break sony's copy protection mechanisms to get such software.

      That's nonsense. Sony sells copy protected memory sticks to people. In order to break the copy protection, you already have to own a memory stick. In fact, Sony is trying to do an end-run around copyright: they claim copyright protection on something but at the same time don't let you treat it as published materials under the fair use doctrines. Furthermore, Sony is interfering with reverse engineering of their hardware and software, something many countries recognize as a right, and for good reasons.

      I find Sony's conduct reprehensible and anti-competitive. And if this kind of conduct is permitted to spread to other areas of software and hardware, the industry is in trouble.

    3. Re:Well.. by AbsoluteRelativity · · Score: 0

      > only with him stealing theirs.

      The correct context is "piracy" not "theft" or "stealing". 'Stealing' is done by those who download it with out payment, 'piracy' is distributing with out permission.

      --
      disclaimer : My views do not represent those of every one else in slashdot.
    4. Re:Well.. by moolabooga · · Score: 1

      By the way, my BBS preserves line breaks without having to use markup. This version is how it was typed.

      In my opinion, nothing on the hack site was a violation of Sony's copyright. Reverse engineering is not illegal. Neither is text or mathematical descriptions of encryption technology. Nothing on the site would allow anyone to break Sony's protection or harm Sony in the slightest. I challenge Sony to demonstrate otherwise.

      Something interesting is that this is the only site that Sony has gone after. Another prominent site comes to mind that has actual Sony code on it. That code is considered to be "device drivers" since it was distributed for free and is useless without the hardware for which it is written.

      The biggest problem in my mind is that the new VP is knee jerking without having all the facts. The problem started earlier in the year when a letter was sent to AiboPet regarding copyright violations by Takeshi Yazawa. This matter was resolved in person, verbally, at the Cinco de Aibo meeting on May 5 in Los Angeles which was attended by myself, AiboPet, Takeshi Yazawa (the then head of Sony ERA), the second in command and others from Sony.

      The new top dog, Victor Matsuda, apparently did not consult anyone. He is oblivious to the verbal agreement. He also did not consult his second in command. I personally called and spoke with this person and verified this.

      Sony's sales of this robot are dismal in the US. They are clueless on how to market to the US. We in the Aibo community have told them time and time again how to accomplish better sales. They don't listen. Now they pull a stunt like this, which is only going to hurt the community and their sales even more. Usually companies embrace their core users because these people are free support to others, free advertising, free ... - you get the picture.

      Not Sony. We have been treated with suspicion and kept at arms length, despite my best efforts to get a working relationship with Sony.

      Not everyone at Sony is this way, but they all have their hands tied. I can't count the number of times that a Sony employee has said to me "You don't want me to lose my job, do you?" after asking a simple and reasonable request or making some innocuous statement.

      Heck, Sony did a big investigation on me in the earlier days. They wanted to know how I knew what the internal lab name for their robot was! They thought they had a leak or a spy. They even sent someone out to "interview me" to find out. (Too long a story for here). The damn name was right there in their ROMS!

      I have never encountered a company that was so paranoid and clueless in my life. They make some incredible products and have amazing R&D, but that is the only positive thing about them. The negatives far outweigh the positives.

      Negatives include:
      - a pathological paranoia about their products
      - a gross inability to market their products
      - poor customer support (I have long upsetting stories about my Sony products that have needed service - Aibo, MD player, etc)
      - their prices are extremely high. Competing products (Aibo is an exception) can usually be purchased with the same features, reliablilty, etc for much less than the Sony product
      - a disdain for the very people that buy their products. Japan is a very closed society. Have they helped in the slightest with the Afganistan problem? No. Heck, even most of the Arab countries and even China and Russia have gotten on the anti-terrorism bandwagon but not Japan.

      This list could get very long and this post is long enough. That should be enough to chew on.

  43. Uhhh.. What? by RAruler · · Score: 2

    I might be not understanding this.. but when you think about it, in order to hack an Aibo you need to have one first.. so thats one sale, and when you think of all the things that can go wrong when you start messing around with software/hardware sony either gets another sale, or service charges. While the software may be the real problem here, its not like Sony's competitors don't already have it

    . Think of how many people bought the I-Opener when they found it could run linux (the fact that the company went bankrupt is of no concern to us :) but when people find out they can use their expensive toys in ways not imagined by the company that made them, it makes a better and happier fan/customer base.

    --

    --
    Insert Witty Sig Here
  44. Re:Slashdot Uses IP Bans to Shut Down Dissidents by c_jonescc · · Score: 1

    Why worry about the evil corporations (hmm, SONY comes to mind right about now) and bad governmental actions?

    I am so glad that someone is taking the time to fight the injustice of /.

    Just wait until Linux starts destroying the rainforests and enslaving third world children to code.

    Oops, I got troll-tricked to offtopic.

    --
    Getting diabetes AND salmonella would be a bad weekend.
  45. Not even patents. by mindstrm · · Score: 2

    You do not have to enforce patents, at all. Only trademarks. Patents remain in force.
    It is the patent holder's right to enforce his patent or not.

    There are probably some procedures regarding knowing someone is using your patent but not telling them, and then later trying to stiff them... but maybe not.

    1. Re:Not even patents. by hearingaid · · Score: 2

      If you know that your patent is being infringed, and fail to sue, you lose the right to damages for the intervening period: ie if you discover your patent is infringed in 2003, and sue in 2006, you lose three years of damages.

      This is intended to prevent patentholders from blackmailing innocent infringers by waiting until the patent has nearly expired before filing suit.

      However, that's it.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  46. Purpose of copyright law by hearingaid · · Score: 5, Insightful
    the ironic thing is that copyright law was originally intended to promote innovation

    Close, but no cigar.

    Patent law was originally intended to promote progress in the sciences, which in modern terms translates to technological innovation.

    Copyright law was originally intended to promote progress in the arts, which in modern terms translates to good entertainment.

    Copyright law's got nothing to do with innovation, never has. Why it got applied to binary numbers meant to express a simple technological function with no human-readable content whatever, I'll never understand...

    (Before the twentieth century, every copyrightable item could be processed by an unaided normal human. We have moved well beyond that: why we stick with the antiquated notion of copyright, I'm not sure.)

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    1. Re:Purpose of copyright law by mpe · · Score: 2

      Patent law was originally intended to promote progress in the sciences, which in modern terms translates to technological innovation.
      Copyright law was originally intended to promote progress in the arts, which in modern terms translates to good entertainment.


      The actual wording says "science and the useful arts".
      Where "arts" can clearly, by the context, mean a lot more things than "good entertainment". Indeed "art" can often mean lots of things unrelated to entertainment, e.g. "black arts", "art of war", etc.

    2. Re:Purpose of copyright law by HorsePunchKid · · Score: 1
      You're absolutely right.
      Why it got applied to binary numbers meant to express a simple technological function with no human-readable content whatever, I'll never understand...
      Somewhat tangential, but this touches on what worries me about the approach to tearing down the DMCA that so many people (Felten, RMS, etc.) seem to be taking. The main argument seems to be essentially turning this technological innovation (in the form of code, pseudo-code, algorithms, etc.) into an "art" by way of "free speech". I was originally very persuaded by that argument (and I'm definitely still anti-DMCA), but I feel more and more that it's the wrong approach. It'll eventually end up playing into their hands. I would hope it would be as simple as drawing up a list of contradictions and absurdities in the status quo, but I suppose that wouldn't necessarily speak as strongly to most people.

      As you said, our notion of what a copyright is for is antiquated; inapplicable to many of the things technology lets us do. The problem (as far as I see) is that it's going to be some years before people in positions to make law really have any basic understanding of modern information systems. Until then, the only way they can get through cases and pass bills is by making analogies to current law, flawed and inappropriate though those analogies may be.

      --
      Steven N. Severinghaus
    3. Re:Purpose of copyright law by Anonymous Coward · · Score: 0

      The problem of defending it with free speech is that it's an airy-fairy concept, too easy to abuse (too many people who call on the constitution do so because they believe it gives them 'rights' that allow whatever they feel like doing).

      As with the old 'fire' in a crowded theatre example, free speech doesn't mean being able to say what you want. It doesn't allow people to go out and perform someone else's songs without permission, or give them a right to pass on trade secrets. Is it free speech to go out and read out Stephen King's latest novel in the middle of a mall? It may allow, but it doesn't excuse, someone from going out and spreading nasty rumours about another person. Free speech is easy to abuse (though at least not as problematic as the arms-bearing bit) and is often called upon in such a way, so it's not likely to win many arguments.

      So I think the concern here has to be with what the laws say and mean to regular people. Not "does copyright cover this? Can I use free speech to get around it this way?", but rather "here's how these products are being ruined by companies to protect their own interests", "here's why region coding is screwing you out of your import rights", "here's someone who was trying to do something good and they attacked him". One of the problems is that in the cases that get a lot of publicity, it's very easy to present the individuals as being at fault (often because they are). Dmitri did crack a code; trying to just call for his release doesn't help much, it's more important to get the public to understand "here's why he shouldn't have been charged", "here's what the implications of this law mean to you", "this is what they can force you to have to do with this technology".

  47. Strange by Anonymous Coward · · Score: 0

    He also has an Icybie simulator on his page that uses a 3d model of an Aibo to display actions(because he couldn't find a premade icybie model).

    Why didn't Sony freak over this, they are being associated with a competing product. Oh well, everyone buy an I-cybie instead since they are only $199 compared to $1500 for an Aibo.

  48. Re:Slashdot Uses IP Bans to Shut Down Dissidents by Anonymous Coward · · Score: 0

    Ask all the investors that got scammed by VA Linux who they think is a evil corporation right about now...

  49. Its nice to see.. by Anonymous Coward · · Score: 3, Insightful

    I was actually pleasantly surprised at the friendliness of the letter. Sony took the care to know pretty much research exactly what the situation is and went so far as provide the URLs of the files they find offensive. You would never see that much attention from M$ or FOX. But I agree that they should follow the LEGO model and even take an active part in the development of the AIBO community.

    1. Re:Its nice to see.. by innocent_white_lamb · · Score: 1

      That's not "friendliness". That's making it damn clear what they want the site owner to do.

      That way, they can say that they spelled it out in great detail and nobody can argue that they did comply if the site owner took down part of what it is that they wanted to censor.

      --
      If you're a zombie and you know it, bite your friend!
  50. Trademarks &amp; irreparable damage by hearingaid · · Score: 2, Informative
    Trademarks protect the interests of the consumer, by preventing "inferior" knockoffs of a product from being marketed as the original. If a trademark holder ignores infringement, the damage is irreparable, and the mark loses force in fact.

    It's not quite as causal as you suggest. The damage may not be irreparable; if the word does not pass into common use, then it doesn't. Also, even if the trademark holder sues vociferously, irreparable damage may still be done. The classic example is Thermos, where the company sued like crazy to stop stores from labelling the sections where vaccuum bottles were sold anything but vaccuum bottles. Still, now, people call vaccuum bottles Thermos, regardless of who actually made them, and it's no longer a trademark.

    Trademark lawyers still suggest that their clients should file suit to protect trademarks. It can help, but it's not a guarantee, either way.

    You're completely right about copyright of course :)

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  51. I'm sick of this! by Anonymous Coward · · Score: 0

    What the fuck ever happened to free speach?!?!? There once was a time in this country where free speach meant something.

    1. Re:I'm sick of this! by Bowie+J.+Poag · · Score: 1

      Yeah, it meant "learn how to fucking spell."

      --
      Bowie J. Poag

  52. I must know! by Anonymous Coward · · Score: 0

    What has happened to Ralph the Jew Hater Nader?

    Has he been censored by the slashdot fascists?

    Where has this beloved figure of the slashdot community gone?

    Don't tell me that after sept. 11th he turned soft?

    Most likely someone like micheal censormaster sims permanently banned his subnet from slashdot.

    Free Ralph!!!

  53. Can the EFF Help Out? by Anonymous Coward · · Score: 0

    Perhaps the Electronic Frontier Foundation can provide advice and perhaps legal support. Are they aware of this situation, and if so are they involved or interested in this situation?

    One advantage of this situation is that the whole RIAA infrastructure is not bearing down on this guy, so this might be afight between one person and a single large corporation.

  54. ya by Anonymous Coward · · Score: 0

    ya i got some funds to transfer too.

  55. The DMCA would have killed the PC industry. by Animats · · Score: 2
    If the DMCA had been in effect in 1980, there would be no plug-compatible PC industry. It would have been illegal to reverse-engineer the IBM BIOS and write compatible replacements. The whole PC industry wouldn't have happened.

    Meanwhile, there's the i-Cybie, which does almost as much as the Aibo, but costs $200. From the makers of the Furby(tm).

    1. Re:The DMCA would have killed the PC industry. by tomstdenis · · Score: 0

      Actually no, you're a complete fuck-nut and don't understand the DMCA at all.

      The DMCA makes it illegal to reverse engineer something for the purposes of violating a copyright law. I.e breaking CSS.

      Tampering with your bios is not a DMCA issue unless in the process of debugging your bios your reverse engineer something that protects an IBM copyright.

      --
      Someday, I'll have a real sig.
    2. Re:The DMCA would have killed the PC industry. by Animats · · Score: 2

      See Cringley's comments on the reverse-engineering history of the IBM BIOS. Note that this article was written before the DMCA.

    3. Re:The DMCA would have killed the PC industry. by tomstdenis · · Score: 0

      So what? I can't reverse engineer a program for the purposes of copying it.

      I agree companies should be open to sharing such details but there is one problem.

      Programmer X invents a patch for your bios, he releases it globally, Hacker Y picks it up and puts bad code in it on purpose, victim Z who won't inspect the code himself downloads Y's bios and thrashes his computer.

      By keeping the details closer to the company its harder for victim Z to become a victim.

      At anyrate, if you have a program that sucks the big one why waste time hacking at it to make it do what you want? Just delete/return it.

      Tom

      --
      Someday, I'll have a real sig.
    4. Re:The DMCA would have killed the PC industry. by IntlHarvester · · Score: 2

      The DMCA is pretty clear that 1) applies to copy control mechinisms only and 2) Reverse engineering for the sake of interoperability is still legal

      The IBM PC BIOS was not a copy control mechinism, and it was reverse engineered so that IBM PC software could interoperate with non-IBM hardware.

      The reason that the PC industry was "Plug Compatible" actually has a lot to do with anti-trust restrictions that required IBM to freely licence microelectronic tech. Every clone maker (indirectly) paid a patent licence fee to IBM for things like the ISA Bus and CGA/EGA/VGA graphics.

      --
      Business. Numbers. Money. People. Computer World.
    5. Re:The DMCA would have killed the PC industry. by RandomPeon · · Score: 1

      The DMCA is pretty clear that 1) applies to copy control mechinisms only and 2) Reverse engineering for the sake of interoperability is still legal

      Tell that to the LiVid guys.

  56. I'm researching a bond fund. by Anonymous Coward · · Score: 0

    Ah ya bond funds, gotta diversify.

  57. still by xbrownx · · Score: 1

    2 hours later and it still says DCMA

  58. Bad sales for sony? by Velex · · Score: 1

    That's funny, because it won't make a difference. How many people out there who own an Aibo even knew that the site existed, much less were interested in using this guy's software? The reason that Sony can get away with bullying web sites and colleges is that no one cares. Let's face it: what damage has the DMCA really done? Why should anyone care about the DMCA? It really doesn't make a difference yet.

    The DMCA's lack of affecting more than just the "information wants to be free" zealots, which is just a fringe group, is the reason that crap like this happens.

    --
    Join the Slashcott! Stay away entirely Feb 10 thru Feb 17! Close all tabs to prevent autorefresh!
  59. Sony's demands appear fair by f00zbll · · Score: 1

    The issue here seems to be driven by copyright and other related legal issues. Sony doesn't tell him he can't write his own programs from scratch. They just don't like him de-compiling Sony's applications. Doing so gives Sony's competitors tools and it raises other legal issues with support and warranty.
    The guy should know better and just write his own from scratch. Look at all the Lego related applications that were written from scratch specifically to avoid those kinds of issues.

  60. Victor Matsuda Can't Spell by dbCooper0 · · Score: 1
    "Very truely yours" - he must read too much /.!

    Please excuse me while I go back through the letter to look for problems with "then/than" and "your/your'e", not to mention the search for the less-than-elusive "definAtely".

    I clearly have too much time on my hands...

    --
    db
    Cig:
    ôô
    /`
    1. Re:Victor Matsuda Can't Spell by dbCooper0 · · Score: 1

      whoops - I also have too much popcorn butter on my fingers. I meant "your/you're"

      --
      db
      Cig:
      ôô
      /`
    2. Re:Victor Matsuda Can't Spell by AiboPet · · Score: 1

      Actually I can't spell.

      See disclaimer: Here's the text of the letter sent to me (typed in, so typos are probably mine).

    3. Re:Victor Matsuda Can't Spell by Anonymous Coward · · Score: 0

      Yeah it is always nice to see that people bitching about others spelling and grammar make spelling and grammar mistakes. It is so much more obvious that they are just moronic assholes that way.

      jik-

  61. Looking for digital video camera by Anonymous Coward · · Score: 0

    I am looking to purchase a nice ($1500+ US) digital video camera with firewire and a S-VHS capable VCR to go with it in the near future. After seeing this post the only manufacture I can seem to find is JVC...

    Probably down the road I would like a high end laptop with firewire also, I heard something about a "VAIO" model, but everytime I look at one I get this "evil taste"(TM) in my mouth.

  62. At least a human wrote the letter by cei · · Score: 1

    I appreciate the tone of the letter. It sounds like a person wrote it -- not a lawyer. It seems pretty clear that this wasn't a boiler-plate form letter that was sent off without a thought. Kudos to Sony for having a human send correspondence.

    --
    This sig intentionally left justified.
    1. Re:At least a human wrote the letter by Multics · · Score: 2
      Amen to that. Most divisions of Sony are so overburdened with rules and marketspeak that getting even a yes or no out of them is near impossible. This one must not yet have been assimilated into the collective. :-) I'll bet Sony America could do 20% more sales company wide if they were not total asses to deal with.

      Try, for example, asking email questions to professional video about their products. The web site is to screwed up to reliably answer any questions (this holds for both the old and new web sites -- both of which fail any kind of reasonable American's with Disabilities Act tests). Also heaven forbid that Sony keep discontinued products on their site under some kind of 'discontinued label'. It really is too bad their web site sucks so horribly.

      There will be other cool robots (sadly from Japan, since the USA can't fund things that are not going to be profitable this quarter). Some of them will have open architechtures and then is when the real fun will begin.

      -- Multics

  63. Idea by Anonymous Coward · · Score: 0

    Take a picture of the I-Cybie on his site peeing on the Sony logo.

  64. DMCA by Anonymous Coward · · Score: 0

    It's DMCA not DCMA! Idiots! Argh!

  65. Weary Sigh? by fm6 · · Score: 2
    Oops, you're right. I was thinking of trademarks.

    Still, it's pretty dumb to assume that the copyright owner will overlook an infraction just because you think it's in their interest to do so. It's like "borrowing" an item from a store -- no matter how sincerely you believe you meant to return it, your intentions will cut no ice if you're nabbed. Even if Sony were to decide to allow redistribution, they'd certainly expect you to ask first!

    And, I repeat, this is just not a DMCA issue. True there's a DMCA citation in the letter, but that's just some lawyer covering all the bases. This is a basic copyright case.

    1. Re:Weary Sigh? by hearingaid · · Score: 2

      Many copyright owners overlook infractions, when it's in their best interests.

      For example, fan movie sites. Tons and tons of fans put up copyrighted images from motion pictures. This is illegal.

      It's also good for sales of those motion pictures. There are exceptions (notably Paramount and their poor relations with the Star Trek fan community; also the X-Files flap a few years back), but by and large, it gets completely ignored. (I'm one of those fans, btw; look up Near Dark on IMDb and get one of my older sites listed...)

      Studios do try to go after people ripping the whole movie, but that's a rather different affair.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    2. Re:Weary Sigh? by Anonymous Coward · · Score: 0

      I think you'd have a good case that screencaps or scans of promotional material was actually "fair use" ("for purposes such as criticism, comment" and "the amount and substantiality of the portion used in
      relation to the copyrighted work as a whole")

      Now if you used DeCSS to get those screencaps ...

    3. Re:Weary Sigh? by cduffy · · Score: 2

      Still, it's pretty dumb to assume that the copyright owner will overlook an infraction just because you think it's in their interest to do so. It's like "borrowing" an item from a store -- no matter how sincerely you believe you meant to return it, your intentions will cut no ice if you're nabbed. Even if Sony were to decide to allow redistribution, they'd certainly expect you to ask first!

      Not so -- when you "borrow" something from a store, you have no reasonable basis on which to believe ignoring it to be in the owner's best interests and an excellent basis to believe it would do the store material harm. If I were to own a company selling an embedded-systems product which has most of its value as an element of the hardware, and some of my customers were to tell other customers how to enhance the value of my product (even if in doing so they violated copyright), I'd be glad to let them continue to do so as long as they're aware that their warranties are being invalidated. To do anything else would serve no purpose (I'd be making no money but be pissing off customers), and be simply vindictive.

      I'd like to think that most people don't enforce their rights just because they can, but rather because they would be materially harmed otherwise. That's how I live, at least.

    4. Re:Weary Sigh? by hearingaid · · Score: 2

      I live in Canada. We don't have any fair use doctrine. Fair dealing up here is much more restrictive on the user.

      On the other hand, DeCSS is legal :)

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  66. If Sony were really serious... by neonsam · · Score: 2, Interesting

    If Sony were really serious about using the _DMCA_ against this guy, they would have had his ISP shut his sight down. The DMCA specifically grants Sony the ability to tell his ISP to shut him down - without notifying him directly. It's obvious to me that Sony's own lawyers don't think they have a real DMCA claim.

    (The law firm I work for represents an ISP, and we had to advise our client that, yes when someone requests that you shut down a site under the provisions of the DMCA, you have to do it, otherwise the ISP will be held responsible. The DMCA is a big stick, and can be used to very quickly shut down a site. Sony was in no rush to get these files off the internet)

    1. Re:If Sony were really serious... by tomstdenis · · Score: 0

      It couldn't possibly be that Sony wanted to notify the author first. No it must be something sinister.

      Seriously bend over and pull the 2' stick out of your ass.

      --
      Someday, I'll have a real sig.
    2. Re:If Sony were really serious... by pete-classic · · Score: 2

      You mean the DCMA would allow his ISP to poke his eyes out?!

      Or do you expect us to believe that you work at a lawfirm without enough grasp of the language to know the difference between sight and site?

      -Peter

    3. Re:If Sony were really serious... by moolabooga · · Score: 1

      Umm, no.

      Please quote the passage that states this. You'll have a real hard time coming up with it since it doesn't exist.

      Lawyers tend to read into laws what they feel will benefit them at the time. Since very little of the law is clear enough for the real world, most decisions are based on past verdicts. That is why there are law libraries, after all.

      Also, your statements assume that Victor Matsuda is fully versed in all aspects of life, including the law. Since nobody on this planet is, that is a faulty assumption and your argument is invalid. It is likely that he has not even read the DMCA. He was just continuing what he saw as an incomplete job by his predecessor. Since the backlash to this has been so strong, he might actually lose his job. Japanese companies can be pretty harsh.

    4. Re:If Sony were really serious... by dotty · · Score: 0

      riddle me this: if i suspected that Sony was in violation of the dmca, could i get their isp to shut down their site? Hmmmmmmmmmmmmmmm .....

    5. Re:If Sony were really serious... by kindbud · · Score: 2

      The law firm I work for represents an ISP, and we had to advise our client that, yes when someone requests that you shut down a site under the provisions of the DMCA, you have to do it, otherwise the ISP will be held responsible.

      That is simply incorrect, and I know this even though IANAL. Under the DMCA, the ISP customer who is alleged to be posting infringing content, gets to write a response to the charge, before any action is taken. If the ISP customer does not respond, then the ISP can take down the site to avoid contributory liability. But if the customer responds to the charge, the ISP is off the hook, and if they then take the site down, the are open to a suit from the customer for breach of contract.

      --
      Edith Keeler Must Die
  67. Estoppel by Lionel+Hutts · · Score: 2, Informative

    BZZZT. Not wrong.

    It's not the same as with trademarks, but a copyright holder who does nothing to enforce it *will* lose the ability to enforce it under the doctrine of estoppel. This is all laid out clearly in, for example, 4 Nimmer and Nimmer, The Defense of Estoppel sec. 13.07: "...a holding out sufficient to raise an estoppel may be accomplished by silence and inaction."

    Suing isn't the only way to avoid estoppel, but, then, in trademark law, it isn't the only way to prevent a mark from becoming generic. (Of course, estoppel claims are rarely successful.)

    Yes, IAAL.

    Lionel Hutts, J.D.

    --
    I Can't Believe It's A Law Firm, LLP does not necessarily endorse the contents of this message.
    1. Re:Estoppel by m0nkyman · · Score: 1

      In plain english what this means is that you can't do with copyrights what is done with patents: submarine patents, where you let a whole bunch of people start to rely on something, then sue them... It's a valid quibble, but in normal practice I maintain my point. If the original poster had estoppel in mind, I'll eat my hat.

      --
      ~ a low user id is no indication I have a clue what I'm talking about.
  68. Won't hurt sales by Anonymous Coward · · Score: 0

    The removal of this web site and all it's software will not hurt Sony's sales. Do you really think that someone sees that site and software and THEN decides to go out and buy a $1500 toy? I think not.

    Bob

  69. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  70. Traditional civil disobedience is more effective. by Nindalf · · Score: 2

    Traditional, open civil disobedience works well exactly because it is open. If even one in ten people who disobey copyright covertly (probably about 9.9% of the total population) did so obnoxiously publicly (say, going out on the the street and selling homemade VHS copies of Disney movies), they couldn't all be arrested. A few would, then everybody would just decide it's not worth it, charges would be dropped, and life would go on without copyright.

    However, I don't think this would be effective. People want to disobey copyright a little, in private, and make other people pay. So they sneak around, and feel a bit guilty for breaking the law, and give lip service to the value of copyright. They don't want to get rid of it, because they think it will cut way down on new works, just break it themselves.

    <digression>
    Personally, I think it would be irresponsible to just drop copyright abruptly, which would cause whole industries to fall apart, and maybe take decades to recover from. It would be far better to move away from it gradually, by making public domain work profitable to the creators. Public domain works have major competitive advantages (all else being equal, do you buy the game for $60 or download the free one?), if only people would pay for them voluntarily, it would quickly become more profitable to not use copyright. Profit structure thus adapted and braced for the change, copyright could be abandoned.

    So if you want to get rid of copyright, give money to people who give you free stuff.
    </digression>

    Fighting the DMCA with open civil disobedience might work, though. It's obscure, so it would be hard to get people to attack it, but it would also be easier to get the majority to decide it's not worth it. If you could get a large portion (say a quarter) of technical professionals to blatantly violate it, aside from the logistical problems of punishing them, it would no doubt convince people who didn't know and didn't care about the DMCA that it was a bad thing. The biggest problem is feeling out the support, and organizing it; you'd probably break lots of laws doing that. Really, the only way to do it is to lead by example. One person's open defiance and stoic acceptance of punishment could inspire a few emulators, who would encourage a few more fence-sitters to put themselves un, until joining the protest would just be jumping on the bandwagon.

    Being such a momentary martyr could be profitable, if the support is there. He would become famous, and respected by everyone who followed his example. Unless, of course, nobody followed his example, then he'd just get the punishment. How much do people hate the DMCA? Big gamble, especially when it might be struck down without anyone disobeying it. The much wiser course might be a real paper petition; if people are really that opposed, collecting even a million signatures shouldn' t be a problem. It's not flashy, but it beats going to jail.

    Almost anything is less ridiculous and more likely to succeed than an idealist slinking around like a criminal.

  71. Heh, now my sig has more meaning... by A_Non_Moose · · Score: 2, Troll

    I'm probably going to get moded as a troll or flambait just for sharing, but here goes:

    S.O.N.Y Suing Others Now You!

    A.I.B.O...And It Becomes Opressive.

    (My sig was in error as I had *Opressed* insted of *Repressed*, but I was corrected. I wonder if Monty Pytho's creators would sue for getting their quotes wrong in sigs? (shudder) )

    --
    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  72. Damages? Copy Protection? huh? by RelliK · · Score: 2

    I've seen this mentioned in only one post so far and I have not seen an adequate answer yet. It is my understanding that the copyright law allows for non-commercial copying. Sony can stop the distribution of the software only if it can show damages resulting from the distribution. In this case there are none. The distribution of said software does not cause Sony to lose sales (indeed, it actually stimulates sales), since you need to have this aibo thingy in order to use the software. So, techinically, Sony cannot just bust in swinging DMCA and force the software off the net: since there are no damages in this case, the copying is legal. IANAL and I would like a lawyer to comment on this (if there is one here). Now, I do realize that in practice it doesn't matter: he who has the deepest pockets always wins.

    Secondly, what "copy-protection" is this guy talking about? What exactly does it "protect" and what does it have to do with aibo?

    On a side note, it really irritates me when they refer to "copy-protection mechanism". Let's call it what it really is: copy-prevention mechanism. It does not "protect" anything; it prevents you from making copies. I guess "protection" puts a better spin on it...

    --
    ___
    If you think big enough, you'll never have to do it.
    1. Re:Damages? Copy Protection? huh? by m0nkyman · · Score: 2

      It is my understanding that the copyright law allows for non-commercial copying

      Your understanding is wrong.

      --
      ~ a low user id is no indication I have a clue what I'm talking about.
    2. Re:Damages? Copy Protection? huh? by AiboPet · · Score: 1

      > It is my understanding that the copyright law allows for non-commercial copying....

      That is not my understanding (and I am no lawyer).
      I do however agree with the stimulating sales part

      > Secondly, what "copy-protection" is this guy talking about?

      Starting with the ERS-210 AIBO, a specially formatted memory stick is required (that do not follow the memory stick standard).

      The software is keyed so it only works with a certain physical memory stick.
      You can only buy those sticks from Sony.

      Aibo software on a memory stick runs in the price range of $80 to $150 dollars EACH. Blank sticks cost around $20. Obviously a means is needed protect the value added software business from illegal copying.

      The normal memory sticks are colored blue (Sony purple), the AIBO copy protected memory sticks are colored pink (AIBO's favorite color).

      BTW: there are also White ("Magic Gate") memory sticks that use a different format and mechanism for music copy protection.

      -=-=-=-=-=

      Back to the earlier point, this is mostly about copyright (not copy protection)

      An analogy would be someone mirroring a patch to Unreal Tournament to their non-commercial site.
      The patch still requires the CD to be drive to run the game.

      Even in this case, the patch creator could come after the mirror site for illegally mirroring - even though all copy protection measures remain intact.

      This does not happen in practice because such mirroring can only help the sales of the original product.

  73. Yes by Anonymous Coward · · Score: 0

    Yes. There was a /. article some time ago about a contractor who lost $2 million because of some buggy bidding software. The EULA said they could not sue for damages caused by fucked code...they won, he lost.

    jik-

  74. Re:Strategy to Deal... [going OT] by Anonymous Coward · · Score: 0

    Actually we need a network secure from outside interference, that requires some nifty legal footwork, and can be done, I've spend 2 years working out exactly how to do so, unfortunately I'm short about $50M, if there is anyone out there who might be interested mailme - turbojerryNOSPAM@yahoo.com and I don't like SPAM obviously.

  75. Cluetrain by xmedar · · Score: 2

    Maybe someone should send all the Sony execs copies of the Cluetrain Manefesto then, perhaps it could be done through the EFF or something, when I come across clueless execs I give them a copy and make sure they read it, they can change you know, it just takes a push in the right direction.

    --
    Any sufficiently advanced man is indistinguishable from God
  76. Progress == Innovation "the arts" != entertainment by Nindalf · · Score: 3, Insightful

    Copyright law was originally intended to promote progress in the arts, which in modern terms translates to good entertainment.

    You think a novelist or an artist can't be innovative?

    Anyway, this is a gross misrepresentation of the meaning of "the arts." If that was the case, they would have only applied it to works of fiction. In such formal speech, "the arts" is used in the root sense of productive skills, not merely entertainment, which is why you see a title like "The Art of Computer Programming."

    Also, when it was settled that copyright could be applied to software, the justification was clearly to reward progress/innovation in software development.

  77. Tell Sony What You Think by RedSynapse · · Score: 2, Informative
    Contact Sony at abiosupport@info.sel.sony.com and info-aibo@sony.co.jp or if you are in the US or Canada call them at 1-888-917-7669, or in the UK call 0870 511 1999. You may also want to fill out the form here

    The only way companies are going to stop doing stupid things like this is if they begin to understand that many people become less inclined to buy their products when they do so.

    1. Re:Tell Sony What You Think by Thing+1 · · Score: 1
      You may also want to fill out the form here

      I filled in the form:

      I saw the letter you sent to use the corrupt DMCA against a web site helping to promote your product. I was considering purchasing an Aibo. Now I won't. Change your mind and I might change mine.

      Sincerely,
      Thing 1

      PS You can find a discussion here: http://slashdot.org/article.pl?sid=01/10/28/005233 &mode=nested .
      --
      I feel fantastic, and I'm still alive.
    2. Re:Tell Sony What You Think by Stoutlimb · · Score: 1

      I sent the e-mail, here's my synopsis of the points....

      I think that it's disgraceful that Sony is shutting down Aibo hack sites, and threatening enforcement of the DMCA on the owner of the site.

      a) Hack sites, put up by fanatical Aibo owners boost sales, not harm them. Don't ailienate your customers.

      b) The DMCA is a bad, unconstitutional law, which will soon be struck down. Though it's legal for now, it is immoral to use this law against people.

      c) When I buy something, I would like to think that I can do whatever I want with it, for personal use. This is called fair use, and is protected under law. The Aibo hack sites definately fall under this category.

      d) Hacking things like Aibo is a great educational tool for young programmers. Please don't stifle young innovative minds that may end up as loyal Sony employees.

      Sony's conduct in this matter will greatly influence my future purchases. I undertand it's common policy not to discuss on-going legal issues, so I don't expect a reply. However, I would appreciate if this letter is passed on to someone in charge, so that they may consider the points I have made.

      Thank you,
      Sony customer.

  78. I Am the Greetest! by Spamboi · · Score: 1

    The DMCA allows copyright holders to compell ISPs to blind their clients? MY GOD!

    I will now leave this planet for absolutely no raisin.

  79. Isnt this.... by lordvolt2k · · Score: 1

    the same company who makes 2000 linux kits for the ps2 in japan, which sell out in 8 minutes, but wont make more? Why would a company not want to make an extremely popular, profitable product? *especially* since recently sony posted a loss? Seems like sony's execs have forgotten they are running a business and need to make money..oh wait...they must have drank from the same kool aid vat as most dot com execs have...oh well...

    Life goes on. Ive always held Sony as being top notch, but this kind of behavior makes me reconsider that...

    'Y Tu, Sony?'

  80. Re:Not First Post! by Anonymous Coward · · Score: 0

    Dude he probably came across someones old account info somewhere and jacked the account.

  81. 2 Words for Sony: by GuNgA-DiN · · Score: 2

    "Digital Convergence"

    Remember the CueCat? Well the company that made them went after hackers who were interested in their products. Now they are out of business and in major debt.

    You know this is the result of some jackass in the legal dept. or the board room. Usually, Sony is pretty cool about this stuff. But, if they wage war with their customers (especially the ones who encourage other people to buy products) then AIBO isn't goint to last long.

    Who the hell needs a $1500 robot dog anyway?

  82. Re:Not First Post! by Anonymous Coward · · Score: 0
    Your distinctly addressed that to 'dude' when you were asked to address it to 'My Ass'. Please repost your comment with the proper salutation.

    Thank you.

  83. Don't feed the overlords. by Anonymous Coward · · Score: 0

    A good slap in the face to those with disposable income is an interesting way to prepare for a recession. Way to go Sony, gotta keep those pesky customers in line!

  84. D-M-C-A by A+nonymous+Coward · · Score: 2

    Not D-C-M-A

    Jeez, why does everybody parrot the guy's original error in his web page?

    Is the DMCA so accepted that no one remebers what it stands for any more?

  85. Sony probably fears the truth coming out. by duran.goodyear · · Score: 1

    That the AIBO is built on alien technology, and that it is years beyond any true AI development we have of our own...

    I mean... it's sony, they've already got one of these aliens in all their mini-disk commercials.

    :)

  86. DMCA will result in a world of bad engineers. by nick_burns · · Score: 1

    The way things have been pushed with the DMCA, it seems that in a few years reverse engineering any technology will be illegal. These people don't do it to make any kind of monetary gain, but do it out of the interest that drives all engineers. If you can't buy something and figure out how it works, then how will you learn about engineering. I know most of myself and most of my engineer friends had much interest tinkering around with electronic toys when we were growing up. Now if no kid can take apart his latest toy he got two months ago because Sony or anyone else will sue him, then how will kids gain an interest and some initial experience in engineering, then what will the nation do in thirty years when there aren't enough engineers to solve problems.

    Just something to think about.

    1. Re:DMCA will result in a world of bad engineers. by Anonymous Coward · · Score: 0

      At the rate we are going there won't be a fucking world in 30 years.

      The way things have been pushed with the DMCA, it seems that in a few years reverse engineering any technology will be illegal. These people don't do it to make any kind of monetary gain, but do it out of the interest that drives all engineers. If you can't buy something and figure out how it works, then how will you learn about engineering. I know most of myself and most of my engineer friends had much interest tinkering around with electronic toys when we were growing up. Now if no kid can take apart his latest toy he got two months ago because Sony or anyone else will sue him, then how will kids gain an interest and some initial experience in engineering, then what will the nation do in thirty years when there aren't enough engineers to solve problems.
      Just something to think about.

    2. Re:DMCA will result in a world of bad engineers. by Anonymous Coward · · Score: 0

      Don't forget that Sony is a foreign company and have a lot to gain without any competitions from the U.S.

      Remember Song corp sells memory stick with digital right management, support SSSCA, a member of RIAA and MPAA.

  87. Mmmm, unbiased journalism by Robotech_Master · · Score: 4, Insightful
    Um, guys? Sony was perfectly within their rights to ask that the software be removed. Even the site's maintainer admits that.

    Let me say that again. Even the site's maintainer admits that Sony was within their rights to ask the software be pulled.

    IMHO they are within their legal rights, and if they don't want me providing free software development that increases the sale of their hardware and software, that is their choice.
    The fellow freely admits that he is in violation of copyright by providing copies of someone else's files without permission.

    And this rates the big, nasty, ominous headline, "Sony Uses DMCA to Shut Down AIBO Hack Site"...why? It's a "Your Rights Online" issue? What about Sony's rights online?

    Even if the DMCA did not exist, Sony would still be asking that the files be removed. For that matter, the DMCA itself is only incidental to this issue, and barely even mentioned in passing--even if it did not exist, those files still contain material that belongs to Sony, and Sony would still be asking that they be taken down!

    Yes, you can boo and hiss and moan about how unfair it all is, and what a mean nasty company Sony is, and maybe even cry boycott for all the good it'll do. But in the end, Sony has the right to ask that these files be taken down.

    I've got 50 Karma, do your worst.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
    1. Re:Mmmm, unbiased journalism by Anonymous Coward · · Score: 0


      From what I remember of AiboPet's original site, he had the blessing from Sony ERA exec (Takeshi Yazawa). This was achieved after a meeting between AiboPet and said Sony ERA exec, to promote understanding.

      The letter send to AiboPet was after the change of ERA's Vice President. This clearly marks a change of position inside ERA, as AiboPet's site had previously been accepted.

      Software such as the RCode is freely distributable, as specified in the EULA, as long as certain files are included.

      This obviously causes some concern to existing Aibo owners, when the manufacturer decides to act in this way, after having tolerated such behaviour before.

      AidanII

  88. Re:Traditional civil disobedience is more effectiv by dh003i · · Score: 1

    Open civil disobediance only works when you have a no-brainer issue that many people will sympathize with. Open civil disobediance, as was done by ML King, works by pressuring public officials to change the law, by turning public opinion against them.

    The fact of the matter is that intellectual property issues don't get air time. They don't get on TV, don't get on the O'Reilly factor or on the McClaughlin Group -- too abstract and complicated for the typical tiny American mind to deal with. Most people are dumb(think of how dumb the avg. person is; then think that probably half of the people are dumber).

    What I'm advocating is not necessarily "sneaky" disobediance. It's just disobediance not in the public's eye. Individuals shouldn't go out of their way to get media attention on specific acts of copyright violations. If this is the strategy, you won't get many recruits. What we will do is try to get some attention collectively as a group in a general sense. As a group -- or individually anonymously -- say that we IP laws are wrong and that we violate them. Saying that we as a group violate IP laws doesn't create significant risk for any members, as it refers to no specific act.

    Civil disobediance done with attempts to avoid imprisonment does work. It worked rather well for prohibition. Prohibition was ignored by almost everyone, and it was thus doomed from the start. So what we need to do is to create risk minimal ways for people to disobey IP laws(i.e., P2P services). When the risk to disobeying IP is minimal, there is little impediment to doing so. Many people will start disobeying the IP laws, and they will inevitably crumble.

  89. The temporary boycott by crucini · · Score: 2

    "We must boycott Sony. We must refuse to buy their tasty electronic gadgets, however tempting. We must - Oh! They're releasing the PS2 Linux kit in the US? Gotta go; I'm going to camp outside Fry's."

    Seriously, we need to remember what Sony is next time they wave their enticements in our face.

    1. Re:The temporary boycott by Anonymous Coward · · Score: 0

      I've been boycotting Sony products ever since they decided to fuck over UK PlayStation owners in 1996. Main reason I still haven't got a Vaio C1.

  90. F*** Sonny Bono; f*** Cher by yerricde · · Score: 1

    Authoring a creative work automatically generates copyright protection for whatever the hell the current limits are

    There are no de facto limits, as nothing in the Constitution prevents Congress from repeatedly retroactively extending the de jure "limited times" (Read More...) except perhaps the "ex post facto" restriction against restoring copyright in already expired works.

    F*** the late Sonny Bono because he introduced that bill. F*** Cher because she supported it.

    --
    Will I retire or break 10K?
  91. yeah yeah by Dr.+Awktagon · · Score: 2

    Yeah yeah, DMCA bad, etc., now the real question, where are the files so we can all spread them around even though most of us don't have Aibo's and couldn't care less otherwise.

    When are these hacker folks going to get smart and put text-encoded versions of this stuff on HTML pages and then let Google cache them??

    Though, I bet Sony will back down after a while, and this will all blow over, even though they are a EvilMediaCompany(tm) they are also a CoolHardwareCompany(R)..

  92. Consumer control versus corporate control by mtgstuber · · Score: 3, Informative

    My concern here is control: I should be able to do what I want with the things that I own. I do not believe that corporations should dictate the terms on which I use products I rightfully own.

    Note the "rightfully own" part. Aibo hacks are (generally) only useful to Aibo owners. People who paid Sony money. We're not talking about hacks that allow people to steal from Sony by making illegal copies. We're talking about hacks that allow people to do something different with property they own. There are ways Sony can work this out gracefully. If Sony chooses not to, I will choose avoid buying their products.

    This is the letter that will be going out on Monday morning:

    To: Victor Matsuda
    Vice President
    SONY
    Sony Electronics Inc.
    Entertainment Robot America
    6701 Center Drive West, Suite 640, Los Angeles, California 90045

    From:

    Re: Sony's response to www.aibopet.com

    Greetings!

    I am deeply saddened by Sony's predatory and short-sighted response to www.aibopet.com. As a professional programmer, I appreciate Sony's concern about its intellectual property. I am not an advocate of piracy or the theft of intellectual property. Your efforts to shutdown www.aibopet.com misunderstand the desires and interests of consumers. Aibo, as a robot dog, is something that, realistically, will only appeal to a small segment of the population -- a segment with both the means to purchase an Aibo, and an interest in gadgets. Here is (was) a site dedicated to enabling intrepid Aibo owners to try new out things, to play with their gadget. The software provided on the Aibo site was only useful for Aibo owners.
    Sony's actions seem to be rooted in the notion that corporations should have the right to control how their products are used. As a consumer, I resent that notion. I have been very pleased with the Sony products I have bought, but actions like this make me wonder when Sony will be trying to control what I watch on my Sony WEGA television, which disks I play on my Sony 200 CD changer, or what programs I run on my Sony Vaio notebook. (I have at least $2000 of Sony equipment in my house.) I love gadgets. Before I buy a new gadget, I go online to how hackable it is. Hacking with the gadget is more than half the fun. Sony's response to www.aibopet.com guarantees that I - one of the rich geeks most likely to spring for your products - will not buy an Aibo. Sony's response will also make me consider very carefully whether to buy other Sony products in the future, including Sony's entertainment offerings.
    Please reconsider your response to www.aibopet.com. Perhaps Sony could host the files, and thereby guarantee that only registered Aibo owners can download them. There are ways of working this out that do not necessitate restricting what the rightful owners of Sony products can do. Of course, this assumes that Sony wants to work things out. Perhaps Sony is only interested in shutting www.aibopet.com down, in which case, I will no longer be interest in buying Sony products.
    Thank you for your time; I look forward to your response.

    1. Re:Consumer control versus corporate control by sholton · · Score: 1
      Missed a word.

      Before I buy a new gadget, I go online to see how hackable it is.


      also:
      Of course, this assumes that Sony wants to work things out. Perhaps Sony is only interested in shutting www.aibopet.com down, in which case, I will no longer be interest ed in buying Sony products.


      That's right, I have nothing better to do on a Sunday morning than proofread /. posts.

      At least you know somebody has read it.
      --
      A new kind of meat designed to appeal to vegetarians.
    2. Re:Consumer control versus corporate control by mtgstuber · · Score: 1

      Thanks! That's what happens when you write letters in the middle of the night. Yeesh! I even had my wife, an english professor, proof read it.

    3. Re:Consumer control versus corporate control by cpuffer_hammer · · Score: 2

      I know what we (the Geek community) know Hack/Hacker means. But in this case it would be good to define it for the Sony letter reader or even use different words.

      Before I buy a new gadget, I go online to how hackable it is. Hacking with the gadget is more than half the fun.

      might me better as

      Before I buy a new gadget, I go online to how technologically open it is. Creative programming on a gadget is more than half the fun.

      or

      Before I buy a new gadget, I go online to how hackable (open to personal creative improvements) it is. Hacking (making creative improvements) to a gadget is more than half the fun.

  93. Yes it is; DMCA is more than anti-circumvention by yerricde · · Score: 2

    I'm not familiar with the software that Sony wanted removed. Sony seems to think that that some software was copied or modified Sony product, and the site owner doesn't contradict this. If that's true, than any DMCA issues are secondary.

    The Digital Millennium Copyright Act contained more than the Section 1201 anti-circumvention provisions. In this case, DMCA added a clear method called "takedown notice" for copyright owners to make ISPs remove infringing material. First step: cease-and-desist the webmaster. Second step: send a takedown notice to the whole chain of ISPs all the way up to the backbone. Third step: If the webmaster doesn't file a counterclaim, take him or her to court.

    --
    Will I retire or break 10K?
  94. All your MemoryStick are belong to us by yerricde · · Score: 1

    read the Sony provided memorystick.org

    MemoryStick.org is written in Engrish:

    "MemoryStick Information for Developers" was renewed. The design was renewed, and it kept in mind so that it might become legible. The contents are also substantial increasingly after this.
    --
    Will I retire or break 10K?
    1. Re:All your MemoryStick are belong to us by Alsee · · Score: 1

      written in Engrish
      "MemoryStick Information for Developers" was renewed.
      The design was renewed, and it kept in mind so that it might become legible.
      The contents are also substantial increasingly after this.


      I think I like the next section better:

      This site proposes new usage to you, printing of goods information, and a memory stick user, or takes in your opinion and hope, and was made as a site which enjoys a memory stick.

      I think they should have had their lawyers write the english translation. They seemed to do fine on the threat letter.

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  95. The reason they did this is... by Amon+CMB · · Score: 2

    ... they're afraid of Aibo learning how to guide nukes like the PlayStation 2.

    --


    Men believe what they want. - Caesar
  96. Y-M-C-A by yerricde · · Score: 2, Funny

    This song is not based on "YCMA".

    Young man,
    there's no need to feel down
    Because your plane
    back home can't get off the ground
    I said young man,
    Get comfy in your new town
    There's no need to be unhappy.

    Young man,
    There's no place you can go
    I said young man,
    Until you cough up some dough
    You will stay here
    until you've served all your time
    For your insignificant crime.

    It's fun to stay in the U S of A,
    Because of that old grand D M C A
    For cracking DVD's,
    Or an e-book or three,
    You'll get jailed for eterniteeeee...

    It's fun to stay in the U S of A
    Because of that old grand D M C A
    For proving to the world
    That our encryption's a toy
    You'll get jailed with all the boyyyyyyys...

    --

    --
    Will I retire or break 10K?
  97. Potential Revenue Loss for Sony by jswitte · · Score: 1
    What's ironic is that the current corporate views and laws about copyright are shaped by the economic incentive theory of copyright, the idea that copyright is no longer about a balance between the public domain and "rewarding" creators, but a way to squeeze every last dollar out of everything.

    That being said, it's odd that a lot of the current legal threats (CueCat, this, Mp3.com's beam-it) is that there is no economic loss to the company! I've never gone to AiboPet, but from the letter, it sounded like a person would need a memory stick to use downloaded programs. The only way Sony could lose money is if either different Aibo program memory sticks were sold for different prices (buy a low priced one, the replace it with a higher-priced program), or if a 'non-Aibo' memory-stick could be used that cost a lot less than the 'Aibo-program' memory sticks.

  98. Fair use defined by Anonymous Coward · · Score: 0

    I think this could be considered fair use, because it's non-commercial, for research and education purposes, and does not actually interfere with their profit potential. OTOH, if someone cloned AIBO, they might have some reasonable justification to interfere.

    Fair use cannot be used as a defense for unauthorized _distribution_ of copyrighted material. Use != distribution.

    Check out the great overview of copyright law at Findlaw:

    http://profs.lp.findlaw.com/copyright/index.html

    Copyright law isn't logical, of course. Mitigating circumstances don't remove one's liability unfortunately.

    Crazy.

    -core

    1. Re:Fair use defined by Nindalf · · Score: 3, Informative

      Fair use cannot be used as a defense for unauthorized _distribution_ of copyrighted material.

      What is using video clips from a movie in a review except unauthorized distribution? The "fair use" exemption does include distribution under certain circumstances.

      But I agree, no court in the USA would find this to be fair use. I don't think they'd ever support distribution in whole for works longer than a few lines. I still think that this fits the intended purpose of fair use, and this is unethical exploitation of a technicality, just as when certain governments and cults have used copyright to prevent secret documents from being distributed rather than to secure profit from the distribution.

    2. Re:Fair use defined by Anonymous Coward · · Score: 0

      I think in the video clips example, the clause about "purposes of review" works as the particular exemption. The difference would lie (as also specified in various clauses) in the extent of the material copied (a few clips vs. the whole work) and the way it was used - was the purpose to simply provide the material for someone else, or was it used to educate someone, illustrate a review of the product, etc. I can't see any of those examples being applied without some tricky logic.

  99. What damage has the DMCA really done? by Stealth+Dave · · Score: 2, Informative

    Okay. Time to feed the trolls.

    Let's face it: what damage has the DMCA really done? Why should anyone care about the DMCA?

    • Russian programmer arrested for violation of US law (DMCA) on foreign soil
    • College professor threatened with lawsuit if he presents a paper discussing flawed encryption schemes
    • Norwegian teenage programmer arrested for writing software to watch legally owned movies
    • U.S. "hacker" web site prevented from linking to sites providing said software

    This is just what I came up with off of the top of my head. I'm sure there are other cases that I didn't mention. So in answer to your question, start with the above list and go from there. If you still don't think that the DMCA has done any damage, then have a good slumber in the bed that you've made.

    - Stealth Dave

    --
    Evil is as eval("does");
    1. Re:What damage has the DMCA really done? by Velex · · Score: 1

      That's not my point: no one cares about Russian Programmers (stupid commies), College professors (probably brainwashing young people with their revisionist history), teenagers (damn teenagers they should all go the hell and die), and hackers (the media has spoken). No one in a majority has really been hurt by the DMCA yet, so nothing will happen. At this point, only bloody revolution will do anything, and that requires much more than a DMCA or even an SSSCA (although that might just do it, we'll have to see).

      --
      Join the Slashcott! Stay away entirely Feb 10 thru Feb 17! Close all tabs to prevent autorefresh!
    2. Re:What damage has the DMCA really done? by Anonymous Coward · · Score: 0

      I think my problem is not that nobody's been hurt, but rather that the actions of these 'hurt' individuals can be hard to justify. It's difficult to look at what they were doing and say "yeah, that sounds okay, how can they arrest them for that?", in most of the cases there is an obviously illegal implication for their work (using/breaking proprietary software, providing 'hacking' tools, etc).

      It needs to be pointed out to the public where there is a problem, and how these laws can affect clearly legitimate technologies. Point out the legal problems on the Dmitri case, or the collusion that DVD encryption formats allow between the manufacturers of the discs and the equipment, the restrictions that the companies can place on you reading a book or hearing a CD, or how DVD region coding can be used to screw people out of features or prices. In Australia the ACCC has got involved and consumers are NOT happy about region zoning - I'd suspect the same in many other countries, region 2 is mostly immune (occasionally lose some features but get most of the stuff) and I suspect most Americans never even notice the practice because they tend to get almost all the movies with all the content. But the rest of us are angry.

  100. Stifling innovation, corporate niceness. by Lemmy+Caution · · Score: 3, Insightful

    Stifling innovation is exactly what copyright and other intellectual property holders want: the legal wherewithal to stifle their competitor's innovation. When consumers, small business people, hackers, tinkerers, and artists show up at Congress with briefcases full of cash and limos full of interns, perhaps we can expect some change.

    And I'm a little disappointed by the attitude that Sony should just be nice to its fans. Any law that relies on the kindness, or even the self interest, of the party that can enforce it to be a fair law, is one messed up law.

  101. Re:Y-M-C-A (OT) by glenalec · · Score: 1

    That got me thinking. Why don't all those poor Mexicans just break the DMCA in Mexico and the nice people from the US Government will come and get them and take them to the that wonderful place, the USofA. Might stem the flow of IT refugees leaving, too.

    --
    The man with no surname and a silly hat

    On the universe: It's bunk.
  102. Interoperable software question by ItsDead · · Score: 1

    Just as a thought - isn't the software provided by Aibohack providing the user and AIBO owner greater interoperability. Here is an interpretation of the DMCA from http://www.tuxers.net/dmca/dmca-guide.html Subsection (f) grants an exemption permitting reverse engineering to subsections (a) and (b) above, for the extremely narrow purpose of bypassing access controls in a legally obtained computer program in order to study it in order to create a separate, interoperable program. This is certainly a helpful provision, but it only applies to the development of software, not to hardware, and not to the separate circumvention aids which would be needed to restore lost "fair use" or free speech abilities of normal consumers. It might be of some help in the particular case of developing a DVD player for Linux, depending on the interpretation of a number of terms and clauses. ItsDead.

    1. Re:Interoperable software question by mindstrm · · Score: 2

      Yes.. interoperability. The problem is, taht doesn't mean you can disclose how to do this to people.

      I firmly believe that if the DeCSS guys had, instead of releasing the DeCSS code, released a working DVD player (or had the player ready already, then added the DeCSS code), they would have had much better success, as it would have been plainly obvious they were developing a DVD player, and needed to reverse-engineer it for interoperability.

  103. Reasons why Sony killed the Aibo Lover by t_allardyce · · Score: 3, Funny

    + He programed Aibo to copy dance moves from some crapy boy-band, which sony own thus violating copyrights. Also, Aibo did it so well, that their jobs where at risk

    + He was getting to close to discovering that after dark and when knowone is looking, Aibo finds the nearest phone line, sticks it's ..cough.. plugs itself in and uploads video, audio, and GPS data to Sony HQ.

    + The encryption method they use is actually the same system that will be adopted for the SSSCA, and Sony were just future proofing.

    + He managed to disable the "Aibo kill owner" command that activates when Aibo detects someone pirating Sony material and tries to kill them using a hidden array of deadly weapons.

    --
    This comment does not represent the views or opinions of the user.
  104. Re:Progress == Innovation "the arts" != entertainm by DGolden · · Score: 1

    And don't forget, without Copyright law, the GPL would be unenforceable - so think before attakcing copyrights!

    However, the DMCA is a perversion of the once-reasonable copyright system (as was the Bono extension, for that matter).

    --
    Choice of masters is not freedom.
  105. Bad argument, don't waste your time sending this by Anonymous Coward · · Score: 0

    but actions like this make me wonder when Sony will be trying to control what I watch on my Sony WEGA television, which disks I play on my Sony 200 CD changer, or what programs I run on my Sony Vaio notebook

    And they aren't trying to tell anyone how to play with their Aibo...

    Sony wants you to watch stuff on your WEGA, to play disks on your 200 CD changer, and to run programs on your Vaio. They do not want to to hack these products and then distribute the copyrighted information contained within.

    This guy hacked the toy and is distributing the software as well as modifications to the software
    This could allow companies to make cheaper versions of the toy that have the same functionality

    I know some people around here don't like this, but every action by a megacorp isn't an attept to crush freedom and control the world. This is just a company trying to protect their products.

  106. Linux on PS2 by Gerdts · · Score: 1

    Such a dilemma... Sony is cracking down on a cool hack for the Aibo just about the same time that they are coming out with a US version of Linux for the PS2.

    Perhaps those that really care about this will give the letter a close read and come up with intelligent points on how they are being unjust or mean. Let them know that because of this you are not going to buy a PS2 or the Linux addon for it. Send these reasons off to both arms of Sony so that they realize that the behavior of one impacts the profits of the other.

    Personally, I think Sony would buy a lot here by spending less on lawyers and spending a little on an engineer to help this guy come up with an approved SDK.

  107. Sony is a pretty messed up company by moolabooga · · Score: 1

    In my opinion, nothing on the hack site was a violation of Sony's copyright. Reverse engineering is not illegal. Neither is text or mathematical descriptions of encryption technology. Nothing on the site would allow anyone to break Sony's protection or harm Sony in the slightest. I challenge Sony to demonstrate otherwise. Something interesting is that this is the only site that Sony has gone after. Another prominent site comes to mind that has actual Sony code on it. That code is considered to be "device drivers" since it was distributed for free and is useless without the hardware for which it is written. The biggest problem in my mind is that the new VP is knee jerking without having all the facts. The problem started earlier in the year when a letter was sent to AiboPet regarding copyright violations by Takeshi Yazawa. This matter was resolved in person, verbally, at the Cinco de Aibo meeting on May 5 in Los Angeles which was attended by myself, AiboPet, Takeshi Yazawa (the then head of Sony ERA), the second in command and others from Sony. The new top dog, Victor Matsuda, apparently did not consult anyone. He is oblivious to the verbal agreement. He also did not consult his second in command. I personally called and spoke with this person and verified this. Sony's sales of this robot are dismal in the US. They are clueless on how to market to the US. We in the Aibo community have told them time and time again how to accomplish better sales. They don't listen. Now they pull a stunt like this, which is only going to hurt the community and their sales even more. Usually companies embrace their core users because these people are free support to others, free advertising, free ... - you get the picture. Not Sony. We have been treated with suspicion and kept at arms length, despite my best efforts to get a working relationship with Sony. Not everyone at Sony is this way, but they all have their hands tied. I can't count the number of times that a Sony employee has said to me "You don't want me to lose my job, do you?" after asking a simple and reasonable request or making some innocuous statement. Heck, Sony did a big investigation on me in the earlier days. They wanted to know how I knew what the internal lab name for their robot was! They thought they had a leak or a spy. They even sent someone out to "interview me" to find out. (Too long a story for here). The damn name was right there in their ROMS! I have never encountered a company that was so paranoid and clueless in my life. They make some incredible products and have amazing R&D, but that is the only positive thing about them. The negatives far outweigh the positives. Negatives include: - a pathological paranoia about their products - a gross inability to market their products - poor customer support (I have long upsetting stories about my Sony products that have needed service - Aibo, MD player, etc) - their prices are extremely high. Competing products (Aibo is an exception) can usually be purchased with the same features, reliablilty, etc for much less than the Sony product - a disdain for the very people that buy their products. Japan is a very closed society. Have they helped in the slightest with the Afganistan problem? No. Heck, even most of the Arab countries and even China and Russia have gotten on the anti-terrorism bandwagon but not Japan. This list could get very long and this post is long enough. That should be enough to chew on.

  108. What the hell is the DCMA? by Anonymous Coward · · Score: 0


    What the hell is the DCMA ??!?

    First DMCA, now this.

  109. Old Dog...... by 3seas · · Score: 1


    Don't cha think Sony is taking this "can't teach an old dog new tricks" a bit to seriously?

  110. Aibo mess by jetset97 · · Score: 1

    What I find interesting here is the difference in attitude that two organizations have took to this issue. Recall that in a similar situation, rather than attacking a user Lego embraced the user community and supported Mindstorms hacks. As a result they increased interest in their product and in the process, its sales.

  111. Patch=Legal, How to != Legal by hughk · · Score: 2, Insightful
    A mod to software in itself belongs to whoever developed the mod. Modifications occur all the time and IP is granted for it and it can be distributed.

    The problem is that you have to have the original to modify. This guy not only distributed the original+modification, which is dodgy under conventional copyright law, but he also distributed the tools for patching, which is dodgy under the DMCA.

    In fact the second approch of distributing patches plus patching tools would still be allowed in the EU. This is where the DMCA sucks big time!!!

    --
    See my journal, I write things there
  112. It's all about money. by Anonymous Coward · · Score: 0

    Feel free to now add Sony to the list of corporations that pose a threat to Free development. We've always been aware of the threat Microsoft posed to Free, Open, collaborative development, now this. I guess these corporations are only into making money - that's why they were invented, and that is their sole mission. It doesn't matter that laws and policies like these are not in the best interest of the community. It's all about money. While I am horridly disgusted, nothing (except perhaps my inability to contribute) will prevent me from supporting open innovation.

  113. Corporate control versus consumer control by mtgstuber · · Score: 1

    Stepping back a second, what is the point of copyright?

    At its most fundamental level, I would argue copyright is there to guarantee that producers of abstract, copyable products can get paid for their work. Copyright ensures that if I write a book, I can sue someone who tries to present it as their own.

    How does this apply here? The Aibo isn't an abstract work. The software isn't sold separately. You can't do anything with it without shelling out over $1000 for an Aibo.

    Yes, I would feel differently about this if these were add-on packages you bought separately. Though in this case I would argue you should still be able to write programs which will do binary updates on the packages and freely post them, without legal malignment.

    The only way I can see justifying a copyright argument here is if you see copyrights as equivalent to patents, which provide control over what people can do with an idea.

    As to concerns about cheap knock-offs, first of all we're talking about binary images here. Yeah, you can learn alot from the binaries, but it's still going to be awfuly hard to produce a cheap knock-off without the source, unless you use identical hardware. It's using cheaper parts that's going to allow you to sell a cheaper product while still keeping high margins. Second, if somebody puts together a competing product using Sony's code, that's the time to sue them. Finally, as I note in my letter, Sony could go ahead and post the files on a Sony controlled web-site, allowing users to still enjoy hacking their Aibo, without distribution to non-Aibo owners. Of course, this could be subject to censorship, so I'm not sure it's the best solution but still, it's better than just shutting things down.

    As to Sony controlling the world, think about something like the SSSCA. You start with controls that keep you from running software with unknown copyrights on your PC, or watching them on your TV, or listening them on you CD. After all, why do your consumer electronics need to facilitate the use of questionable? What's to prevent another step to products which only play works with "certified copyrights"? And what's to prevent the industry from making "certified copyrights" very difficult to obtain? The amalgamation of consumer electronics and entertainment companies can easily lead to this sort of abuse. Think about region codes on DVDs. Why should Sony be able to dictate where in the world I can play a DVD I purchased? We are already seeing our rights impinged by the corporate world. I think you might be surprised a megacorp would do if given the opportunity.

  114. As an multiple AIBO owner I would just like to say by Nubrian · · Score: 3, Interesting

    ... that without Aibopet my Aibo's would be just cute little robots that wandered about my living room and changed occasionally. With Aibopet's tools they are fascinating machines that I can watch from the inside, change, and interact with in a meaningful and interesting manner.

    I have an ERS 111 and an ERS 210 and I must say that the software that was supplied with them (outside of their personality software) was limited and poor. Had I only had that to rely on I would have lost interest two days after receiving my ERS 111 and I would never had bought the 210.

    Aibopet and the previous VP of Sony were able to come to an agreement that was a win win for all parties, why can't a similar thing happen with the new VP - is this some kind of power trip he is on to stamp his mark on the job! If it is he has pissed a whole heap of Aibo owners in the process.

    People like Aibopet should be encouraged, he is the embodiment of what lies at the heart of the hacker ethic - he works for the good of the Aibo community, he works for free, he shares without expecting anything, and he has done his best to play within the rules. He deserves the support and the recognition of the hacker community for his efforts.

    --
    ....Be careful of dueling with dragons - you are crunchy and taste good with tomato sauce....
  115. YES (If you write one) by AnotherBrian · · Score: 1
  116. Sign the Petition by Shafik · · Score: 1

    I have not seen anyone mention this petition Soo, here it is now go and sign it people.

  117. Ahem by mindstrm · · Score: 2

    You are missing the fact that the DMCA specifically protects them. The device they sold you had a copy protection mechanism.

    I agree, in principle, that the anti-circumvention clauses in the DMCA are wrong.. but they are currently law. That is my point. My point is that Sony is NOT 'stretching' the meaning of the DMCA in order to enforce this. IT's within their rights.

    Sony is interfering with reverse engineering, but not directly. It is a right, in that it's not a crime.. that doesn't mean you can break laws in order to achieve it (even if they are bad laws)

    1. Re:Ahem by Peter+Harris · · Score: 1
      I agree, in principle, that the anti-circumvention clauses in the DMCA are wrong.. but they are currently law. That is my point. My point is that Sony is NOT 'stretching' the meaning of the DMCA in order to enforce this. IT's within their rights.
      Hmm. It's only probably current law because it hasn't been tested for whether it's constitutional yet. And only in the US. AiboPet guy should set up a site hosted in Germany, or maybe Russia :-)

      "Probably they can get away with it because of the way the law currently stands" != "within their rights", IMO.

      .. that doesn't mean you can break laws in order to achieve it (even if they are bad laws)
      Oh deary, deary me. WTF was your war of Independence all about then? Start paying the UK a couple of hundred years of back taxes if you want to take that attitude - we could do with the cash :-)
      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
    2. Re:Ahem by mindstrm · · Score: 2

      Hmm. It's only probably current law because it hasn't been tested for whether it's constitutional yet.

      Well... That means it IS currently law.. it just hasn't been tested in court. It's no less a law at the moment.

      "Probably they can get away with it because of the way the law currently stands" != "within their rights", IMO.

      Well.. if the lawbooks says sony is allowed to complain about this, then that makes it within theri rights to complain, woudln't you say? I'm not saying the law isn't unconstitutional, or that the author doesn't ALSO have the right to post the stuff.... but.

      Oh deary, deary me. WTF was your war of Independence all about then?

      I don't know, we've never had one. Canada achieved independence through diplomacy, not war.

      Also.. I agree that bad laws need to be fought. I agree in breaking the law. I just don't agree in whining like 'they are bullying me' when you do it. You should know what may happen. Standing up and saying 'This is not a good law; we will fight this' would be more respectable.

    3. Re:Ahem by Peter+Harris · · Score: 1
      OK, we largely agree. If you break a law, you have to take the consequences, and if it's a bad law, history will probably vindicate you. It may not be much comfort if that doesn't happen until after your execution or 20 year jail sentence. My advice would always be to try to get away with it.

      I assumed I was replying to an American. I am deeply sorry!

      However, I think unconstitutional laws are considered never to have been law once they are judged as such. But don't ask me, I just heard it somewhere.

      And I wouldn't say that the law provides an exact definition of your rights. The human right to free speech (including expression as code) is IMO an absolute even in countries whose laws don't currently recognise it. But that's me nitpicking.

      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
  118. That doesn't mean by novastyli · · Score: 1

    we have to like the situation. People here are objecting on a commonsense ground.

    Come on! What does Sony lose by this "violation"? The software would only work on Sony hardware, meaning only Sony's customer can use it. Objecting to this does paint a nasty picture of Sony for itself, if you ask me.

    Being legally within your rights doesn't necessarily mean you are nice and likeable and people should buy your products. Sony's act naturally evoked this reaction and no legal argument can change it.

  119. America Free ? never! by Anonymous Coward · · Score: 0

    I can see with the recent events similar to this one that USA is not as free country as the citizens claim.

    NSA, DCMA, ECHELON, CARNIVORE, etc, etc, where are you going tomorrow ? all brains implanted with a GPS ?, probably... (at least they'll begin with cellular phones.)

  120. Sounds new fangled to me by Erris · · Score: 1
    The extension of copyright into non human readable forms was a mistake to begin with. Think player piano rolls and cam profiles, where the so called art was unprotected and considered specific to certian machines and of little value outside of them. The greed principle is at work here and it is self defeating.

    Bill Gates, you freaking looser, I OWN your BIOS.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  121. Sounds like a job for... by LinuxHam · · Score: 2

    Freenet.

    I'll bet the designers of Freenet never thought the US would be one of the biggest content contributors due to sites being eradicated from the net. I long for the day when FP's are Freesite mirrors of the eradicated content.

    --
    Intelligent Life on Earth
  122. Re:Progress == Innovation "the arts" != entertainm by hearingaid · · Score: 2

    I think a novelist or an artist can't be innovative in the sense that we normally hear the word bandied about by venture capitalists and that kind of creature.

    Also, when it was settled that copyright could be applied to software, the justification was clearly to reward progress/innovation in software development.

    That's right. However, there was a huge debate at the time about copyright being applied to binary code.

    There was really no debate about copyright applying to source. Source is easily human-readable with minimal technological support, much like an audio CD is human-readable.

    The debate was: should copyright apply to binary code? The software industry wanted the answer to be yes, because iff it was, then computer programmers would be able to both conceal their techniques and profit from copyright. Having your cake and eating it too.

    When a novelist is innovative, you can easily see the technique that is being used. For an example, look at Tolkien. Many other authors have used his techniques, and in fact we have a genre of fiction largely based on his work. They didn't have to reverse engineer his writing technique, they just read it.

    Not so with programmers: and it was this particular decision in the law that the GPL was designed to fight. The GPL seeks to prevent programmers from concealing the source, while our copyright law is designed to encourage programmers to conceal the source.

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  123. Re:Progress == Innovation "the arts" != entertainm by hearingaid · · Score: 2

    Without copyrighted binary code, the GPL would be unnecessary (and EULAs would be irrelevant). The argument made by Pamela Samuelson and many of her friends was that only source code should get copyright protection.

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  124. bleem! by josath · · Score: 2, Interesting

    This sounds oh so familiar to the case against bleem! software, and especially bleem!cast. These products in effect replaced the console that sony sells at a loss and encourages endusers to buy more software which causes a profit for sony. They didn't care about this, they just wanted control of the market, which may seem strange to many of us, but is a common japanese mindset from what i understand.

    just my two sense.

    --
    sig? uhh, umm, ok
  125. What is the point? by Erris · · Score: 1
    Gramar Nazi? I thought you were dead.

    Step back and think about this for a while. What exactly is the purpose of copyright law, and how is that purpose furfilled by these actions?

    In traditional publishing, US copyright was inteded to promote publications by a temprorary franchise on books, articles and what not. These laws were not translated into non human readable forms such as piano player rolls.

    Applications to mass distributed binary files does not make sense. AiboPet coppied a section or sections or the whole enchalada of a mass produced and mass distributed binary file. He's done a little work, but it only reveals what exists in thousands of places already. He's not reproducing Aibos, he has simply read one he owns and told the rest of us how it works. Anyone who wanted to clone Aibos could without any help from AiboPet, so the protection is non existent.

    What Sony wants is an exclusive franchise to all things Aibo. They don't want anything made for Aibo that does not make money for them.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  126. Why not go offshore? by Anonymous Coward · · Score: 0

    ...I have no difficulty using sourceforge.net from Europe. Plenty of hosting services here on offer, and no DMCA (-- yet :-( )

  127. Fuck off by Anonymous Coward · · Score: 0

    I bet you've got a copy of Maya on your hard drive aswell just 'cos it costs so much.

  128. Robotics Competitions by Anonymous Coward · · Score: 0

    Uh... doesn't one of those multi-college robotics competitions reprogram these little robotic dogs for their soccer comeptition to see who can program the best AI?

    I think here we have a clear case of the DMCA getting in the way of scientific progress in the area of artifical intelligence.

    Has Sony gone after these other folks too?

    If they don't go after EVERYONE who violates their copyright through the DMCA, then don't they lose the right to go after ANYONE?

  129. It is not breaking and zip is not encryption by Archfeld · · Score: 2

    it is packing and not designed to encrypt things so the DMCA does not apply. I suppose if YOU DID use the zip password protection then you might have a point...hmmmm but how would the end users know what the password is, and if it was publically available then Sony could legally get it and legally by-pass the security...catch 22 here.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  130. Tracking DMCA "violations" and protests by MikeBabcock · · Score: 2

    Is anyone doing a good job of tracking these DMCA violations and the protests associated with them? It would be nice if a professionally maintained site could be presented to lawmakers to show them the number of actual persons were affected by these legal decisions.

    --
    - Michael T. Babcock (Yes, I blog)
  131. DMCA or worse? by kalanar · · Score: 0

    With the current state of the government, which is worse, DMCA or the Anti-Terror Bill that was just signed by Bush?

    I realize that the DMCA is bad, but where should the energies be focused? Whats worse: X MoneyBags Inc stopping you from hacking their robot or Big Brother snooping your connection while you look for ways to hack X Moneybags Inc's robot? Or even worse, being arrested because Big Brother *thinks* you were *going* to hack a robot?

    This is definately not flamebait, an honest question and hopefully a decent answer.

  132. Remove Sony Software by rawg · · Score: 1

    Just remove the Sony software, port Linux to it, and write new software. Totally hackable again! If you dont use their software your not breaking their copyrights.

    --
    The above is not worth reading.
  133. Freenet by steveeq2 · · Score: 0

    The solution here is simple. Jsut take the site, post it to freenet: http://freenet.sourceforge.net. That's where you download teh client. That way, it is untraceable and they can't take it down.

    Problem solved

  134. Fuck SONY - build your own damn robot. by cr0sh · · Score: 2

    That is what I say - if you want it done right, and you want it done Free, build it yourself. Many hobbiests have built many walking and rolling robots - it isn't that hard to build a robot platform, and code it yourself.

    The hardware to do this is almost literally lying around - both used and surplus parts, gearmotors, batteries, acrylic sheet - all of it is cheap, cheap, CHEAP!

    Hell, I am on a budget right now saving for a house, and I am still able to find enough money to buy cheapo parts for a bot I am building. Those with more cashflow can go further, much further. Don't want to get "dirty"? Buy a Mindstorm kit or two!

    Need a computer to control it all? A Basic Stamp is cheap enough, or you can get to the metal with a 16F84 PIC (hell, buy several - they are cheap enough, and a parallel port programmer is easy to build, plus code to convert BASIC to PIC opcodes is freely available on the net). Or, use an old 486 or pentium board - interface to an ISA slot, or hook an 8255A to the parallel port (or, if you don't need more than 20 or so bits of I/O, hook straight to the parallel port - but use hex buffers if you value the port). This stuff is cheap, often free! Want more "hack" value - use a C=64 or Apple IIe motherboard!!

    Come on! We don't need Sony - THEY NEED US! Let them and the people that work for them suffer and starve for their corporate short-sightedness. That is the free market (like the market is really free anymore, but I doubt laws could be made to force us to buy from them).

    --
    Reason is the Path to God - Anon
  135. Re:Traditional civil disobedience is more effectiv by Frank+T.+Lofaro+Jr. · · Score: 2

    Saying that we as a group violate IP laws doesn't create significant risk for any members, as it refers to no specific act.

    There is a risk for prosecution under the RICO Act. That is serious, you can be sentenced to decades in prison for that.

    --
    Just because it CAN be done, doesn't mean it should!
  136. Sony within rights but still in the wrong. by geomcbay · · Score: 2

    As others have mentioned, Sony is, even DMCA notwithstanding, within its rights to tell this guy to pull down their software. It is copyrighted software.

    However, this is still yet another case of a company doing more harm than good in their zealous over-protection of intellectual property laws. Though the software involved was largely copyrighted by Sony, with small tweaks by the people running the site, the software was only of use to people who owned Aibo's in the first place. Sony should realize what part of the Aibo it is that actually makes them money (hint: its the Aibo hardware, without which the software is useless) and focus on that. Having people enthusastically modifying the software to do cool things can only help their market share.

    They must have forgotten that the Aibo is NOT a mainstream product, its a product for geeks with a lot of money. This sort of action is exactly the type that will erode that market fast. Lego realized this early on, and that's why they've mostly been OK (with the exception of the LegOS name, which I totally understand for trademark reasons) with people hacking their product.

    This is really a small incident that is part of a MUCH larger problem that involves things such as specs for video cards and other add-in devices, the future of fair-use when it comes to media, etc. I wonder how long its going to take the US government to realize that, while they may gain (in the form of lobby money) in the short-term, these laws (like DMCA) they are passing are going to have a disasterous effect on America in the long-term..If its illegal for kids to hack, where are the top-flight engineers going to come from 10 years from now? Not the USA, that's for sure.

    And, lastly, screw Sony anyway. I used to be a loyal Sony customer until about 4-5 years ago. They used to sell great products at reasonable prices and weren't known for their legal transgressions... These days it's impossible for me to support a company whose quality of products has fallen, who have been trying to create a Microsoft-like monopoly in the console gaming industry, who is a major player in both the MPAA and RIAA, etc. Fuck you, Sony. You won't ever get a dime of my money in the future.

  137. Get real by yusing · · Score: 1
    1. Get a real dog.

    2. Feed him real good.

    3. Walk him by Sony headquarters when he's feeling "bloated".


    Hey... at least it wasn't an implant in *your* head.

    --

    "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

  138. OpenAibo by cDarwin · · Score: 1
    Why not port Linux to Aibo and avoid all of Sony's proprietary software? This sounds crazy to me, but might not be to Aibo diehards.


    It would be great to build a Linux cluster of these ;)

    --

    --
    Socrates was asked where he was from. He replied not "Athens," but "The world."

  139. Not because they like it.... by fm6 · · Score: 2
    For example, fan movie sites. Tons and tons of fans put up copyrighted images from motion pictures. This is illegal.
    Check with the people who run fan sites. I think you'll find that the ones who post images either do so with permission, or haven't gotten big enough to attract anybody's attention. Tracing down these sites is slow and expensive, and they pop up as fast as they get shut down. Doesn't mean the copyright holders like or tolerate them. It only means that they don't find it cost-effective to censor absolutely every unauthorized usage.

    Consider another kind of copyrighted material, song lyrics. As with the Aibo software, you really would think that the people who own the songs would be glad for the free PR. But as everybody knows, all unauthorized lyric servers have been shut down. Media companies just don't like anybody redistributing their IP.

    And yet you can find the lyrics to almost any song online. But they're all on personal sites where somebody has posted the lyrics to a dozen or so favorite songs. If the media companies don't like lyric servers, how the lyrics are still available? Because going after personal sites is like trying to kill ants with a hammer.

    1. Re:Not because they like it.... by hearingaid · · Score: 2
      Check with the people who run fan sites. I think you'll find that the ones who post images either do so with permission, or haven't gotten big enough to attract anybody's attention.

      You mean, check with myself. :)

      OK, my site is pretty small. But it's listed on IMDb, as are tons of other, similar fan sites. A simple spider could be written to find us all, and most of us have email links on our pages: these could be spidered, too.

      While it hasn't been done, you're correct in that part of the reason why is due to simple enforcement issues. However, it's not just that. Consider what Paramount did to Star Trek fan sites. It is possible to shut down fan sites, it's just fairly hard. I do think that even large media organizations sometimes recognize that they have a self-interest in promoting fan sites.

      This attitude spills over in other ways. It's common knowledge that anime companies monitored the illegal importation of Japanese animation into North America, and especially watched the fansub market grow. When there were enough fansubs to make it a worthwhile market, they started licensing commercial subs, and selling them. It just wasn't worth it early on: the fansub pirates were able to cover the costs of distribution, which were much smaller because of their distribution technique, and test the market.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  140. I'm dumb. What's your excuse? by fm6 · · Score: 2

    OK, I say something stupid, I get ten replies. One is a simple correction, another is an informative comment on the DMCA issue. The other 8 are just redundant. Get a life, people!

  141. Yes they can revoke ex post facto... by Anonymous Coward · · Score: 0

    Or why is Coke still copywrited? Theirs expired, and they forgot to renew it for like 3-4 years in 80s or 90s... They then quietly filed a re-up.

    There's a guy who had his IP stolen when he was trying to pitch old coke cans to Coke as a marketing scheme, they copied his stuff, didn't get him a dime, and then used his ideas...

    Laws only work for the rich. Those rich enough to hire lawyers to enforce them, or those lucky enough to be on the good side of cops who can choose to prosecute people on felonies (ie: not gonna help your IP or contract problems).

    -- Ender, Duke_of_URL

  142. Sony wants you to hack AIBO .... legally. by The+Milky+Bar+Kid · · Score: 1

    There's a lot of talk here about Sony stifling innovation and programming of AIBO. I ought to set the record straight here (assuming I haven't missed someone already doing it).

    Not only do SONY want people to add functionality to AIBO, they sponsor a competition for it - the Sony Legged Robot Soccer league in Robocup. Go to http://www.cs.cmu.edu/~robocup2001 or http://www.robocup.org for an description.

    You just have to buy licences to use their SDK. True, it's not open source, but you can't say that Sony aren't letting people hack AIBO.

    --
    -- This post is about truth, beauty, freedom, and above all things, Karma
    1. Re:Sony wants you to hack AIBO .... legally. by AiboPet · · Score: 2, Informative

      > Not only do SONY want people to add functionality to AIBO, they sponsor a competition for it - the Sony Legged Robot Soccer league in Robocup. Go to http://www.cs.cmu.edu/~robocup2001 or http://www.robocup.org for an description.

      > You just have to buy licences to use their SDK. True, it's not open source, but you can't say that Sony aren't letting people hack AIBO.


      That's a stretch.

      -=-=-=-=-

      Entrance to the competition is based on whether Sony will let you participate or not.
      Applicants, typically universities, must apply. If they are selected, they need to pay $10,000 (+travel+most replacement parts)

      Check out: http://www.robocup.org/games/02Fukuoka/cfa2002legg ed.html for 2002 rules (previous competitions had different rules, and most expensive entry costs)

      -=-=-=-=-

      They are not supporting "hacking" of their product (the commercial AIBO). The RoboCup dogs are different (mostly in software)

      From the 2002 rules "Please note that consumer model ERS-210 cannot be used for RoboCup. "

      -=-=-=-=-

      If you are part of the competition, and you are under a heavy NDA not to discuss or publish details of the AIBO platform.

      From the 2002 rules:
      "Each team has to agree with NDA. The main point of the NDA is that each team has to agree with non-disclosure agreement about a specification of the robots, provided software, and development environment, including APIs

      I can't find the 2002 NDA, but if it is like past ones, it is very restrictive.

      -=-=-=-=-

      FWIW: this year's RoboCup was a cake-walk for UNSW (previous winner) - they have superior and proprietary software.

      -=-=-=-=-

      You may have your definition of "hacking".

      Robocup participants:
      Are under the control of Sony (and are only permitted to participate)
      Work within set guidelines.
      Work under a heavy NDA.
      Are not able to freely share their knowledge or code.

      Did I mention that any Intellectual Property created is more or less owned by Sony.

      That situation, I do not consider "hacking".

      --AiboPet

  143. Cached? by Anonymous Coward · · Score: 0

    I didn't think Google cached .zip files, only text & html - or spiderable pages....

    I tried this:
    http://www.google.com/search?q=link%3Awww.aiboha ck .com

    Suggested that one of the personal site owners post files if he's got them.

    -- Ender, Duke_of_URL

  144. Re:Traditional civil disobedience is more effectiv by fishbowl · · Score: 2

    >...they couldn't all be arrested. A few would,
    >then everybody would just decide it's not worth
    >it, charges would be dropped...

    In a society where there is a profit motive for building and populating prisons, it is not inconceivable that they *could* all be arrested.

    --
    -fb Everything not expressly forbidden is now mandatory.
  145. Special Interest Groups? by n08ody · · Score: 0

    I have learned from my political science course that SiG's get things done in this country for the following reasons:

    1) Volunteers get politicians elected and

    2) Campaign fundraisers.

    So where can i join the Anti-DMCA Sig?

    Maybe then we wouldn't have to deal with crap like this.

  146. Or private ownership will be seen as irrational by xixax · · Score: 2

    The same shoe will also fit on the other foot. Maybe one day people will think it criminal to leave an idea languishing with a poverty stricken individual instead of realising its full potential with a cashed up development fund.

    For the record, I find the idea that a notional entity should enjoy more privileges than a flesh & blood person to be a worrysome development.

    Xix.

    --
    "Everything is adjustable, provided you have the right tools"
  147. I just went and paid for Freeware by Aceticon · · Score: 2
    Yep, you remembered me of what i wanted to do for some time now...

    The software is Cacheman a proper memory manager for Windows from Outer Technologies.

    Anyways, the thing is very usefull software, and saved me lots of headaches by keeping my Windows 95 running without mandatory twice a day reboots.

    You know what? - It's free for private used!!! Anybody wanting support can pay 10$ to get it.

    So? I just paid those 10$, not because i want/need support, but because i want to support good software.

    After all this self congratulation where am i trying to get???

    In this day and age of crapy commercial software, with periodic crashes, lousy support, EULAs, lock-in features (like non-standart data formats), DMCA, and in which decieving, coercing and denying costumer rights has become the standart way of working of most of the industry (and not only IT), i believe each one of us should make and extra effort to reward quality (yes, even non-Open Source quality - people need money in order to eat) and shun the typical stuff that is poured down our throats every day by faceless, emotionless, greedy companies.

    Corporations are like economic animals (in more ways than one), and as such, their behaviours and even their survival depends on their environment. Let's do a bit of artificial selection and create an environment where companies that rely on quality products and quality costumer service survive and prosper, while the one that do not starve and die!!!

  148. ... ! by Anonymous Coward · · Score: 0

    Does it bother anyone else that a Japanese company is using American laws to bully americans..

    I know the Japanese own us, and they certainly own our senators (ie how the DMCA got passed in the first place), but my question is.. is there a stopping point where we say "Hey, this is our country... stop buying our politicians!"

  149. That's funny. by 13Echo · · Score: 1

    Considering that the box to Deus Ex even tells you how to pronounce the name.

    Deus Ex Machina

    "What's that? Deuce Ex Macerena?"

  150. Star Trek by fm6 · · Score: 2
    And now we've come full circle. This thread started with my (incorrect) assertion that copyright holders are required to prosecute misusers. As a lot of people pointed out, that's trademarks, not copyright. But that covers Star Trek: all the characters are trademarks!

    But despite Paramount's intolerance, there are a lot of unauthorized usages. Even fan movies!

    1. Re:Star Trek by hearingaid · · Score: 2

      However, fan sites don't infringe or dilute trademark rights, by and large. Trademark's a lot narrower than copyright: in order for there to be a violation, generally you have to be representing your commercial product as coming from your competitor's source. For example, if Fox Television decided it was going to make a science-fiction show called Star Trek: A New Beginning (or whatever), that would infringe. However, fan sites - and movies - are very obviously not produced by Paramount. Nobody watching Star Trek: The Pepsi Generation would think it came from Paramount; so, no violation.

      The Pepsi Generation probably violates copyright, though, at least outside the United States. In the U.S., parody is a legal defense to copyright infringement; nowhere else in the world is this the case.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  151. Good lord by Anonymous Coward · · Score: 0

    I believe you have to be the copyright owner of the encrypted data in order to invoke such rights. I would think that would be obvious.

  152. Re:So? SO!!! by Anonymous Coward · · Score: 0

    EXACTLY! What you purchase is the LIMITED RIGHT to use something for a SPECIFIC purpose. You don't own the plastic, circuitry or the silicone. All you receive is the permission to enjoy the product as is envisioned by its makers and if you somehow expand on that and use it in ways not considered appropiate then you deserve to be stomped on your head by an army of boot wearing policemen for that implies you were thinking and if I hate one thing it's people that think. I want people that are predictable. I want to be able to push the same buttons on everybody and always get the same results.

  153. It's only bullshit if you ignore half of it! by TheRevenant · · Score: 1

    The point is simply this:

    It cost a lot to make the game.

    It cost almost nothing to make the CDs.

    So how come we're paying per CD?

    No-one's saying that the people who created the game shouldn't be reimbursed, or that they don't deserve a healthy profit.

    Hell, if a model can be found where the game is paid for and the medium is freely distributable, it _helps_ the game developers, 'cos they're suddenly forking out a lot less for distribution.

    1. Re:It's only bullshit if you ignore half of it! by MrFredBloggs · · Score: 1

      Sure, if you can find such a model. Although theres no real advantage to it being widely distributed if theres no connection between distribution and profit.

  154. YANAL by fm6 · · Score: 2
    However, fan sites don't infringe or dilute trademark rights, by and large. Trademark's a lot narrower than copyright: in order for there to be a violation, generally you have to be representing your commercial product as coming from your competitor's source.
    Posting a picture of a trademarked fictional character is not "dilution"? How do you figure that?
    1. Re:YANAL by hearingaid · · Score: 2

      Because it doesn't affect the goodwill associated with the source.

      Dilution occurs when the action taken reduces the goodwill associated with the source of the trademark. With things like The Pepsi Generation (have you seen it?) or Star Trick (great improv act, btw - think they're no longer around, oh well) there's no such effect.

      This is, of course, a question of fact, left to the jury in the U.S. system. So YMMV. But if I was a juror... you know where I'd be. :)

      Then again, all sane counsel will eliminate people with law degrees from the jury box. It's bad enough having to cope with the one on the bench. ;)

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    2. Re:YANAL by fm6 · · Score: 2

      Your whole argument is based on the assumption that the sole purpose of a trademark is to represent the product. In the case of Star Trek characters, the trademark is the product.

    3. Re:YANAL by hearingaid · · Score: 2

      No. The product is a copyrighted TV program. That's what TV stations and networks pay for.

      The characters are trademarked because they represent the source. When people see Geordi, Picard, and so on, they immediately assume they are watching a show that is produced by the people who make Star Trek.

      Trademarks are never products in themselves. That's partly why it's possible to use one trademark for two products, as Coca-Cola has done for example. Sure, people have a tendency to associate trademarks with products, but New Coke didn't violate any principles of trademark law: it came from the same source as classic coke, and so had the perfect right to use the same trademark.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore