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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?
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
... 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.
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));
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.
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?
.
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
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.
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.
The DCMA makes me embarassed to be a citizen of the UAS.
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...
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This is my SIG. There are many like it, but this one is mine.
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)
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
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.
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.
Let me say that again. Even the site's maintainer admits that Sony was within their rights to ask the software be pulled.
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
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.
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.
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.
+ 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
..cough.. plugs itself in and uploads video, audio, and GPS data to Sony HQ.
+ He was getting to close to discovering that after dark and when knowone is looking, Aibo finds the nearest phone line, sticks it's
+ 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.
... 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....