Slashdot Mirror
Jon Johansen Indicted by Norwegian Authorities
phlawed writes: "This story (norwegian) states that the authorities responsible for investigating economic crime in Norway today (after 2 years of "investigation") charged JLJ for violating a law regarding computer "break-ins", commonly known as the "hacker paragraph". This is for distributing the DeCSS sourcecode. The analysis so far (by media) is that the authorities not necessarily thinks JLJ is guilty, but due to unclear wording in the relevant law they seem to think that the courts should have a look at it... It is worth noting that JLJ has *not* been charged for violating any law regarding IP, piracy or such." I've only found one story in English, which is quite vague. Hopefully the above poster is correct in summarizing the situation.
A quick translation of the law in question: "To break a protection mechanism or otherwise getting unauthorized access to data which is stored or transmitted electronically or by other technical means, and cause damage by gaining or using such unwarranted knowledge." (Copied from story in Aftenposten in Norwegian.)
Aftenposten also has a story in English.
This is the exact same paragraph which is used to convict hackers in Norway.
He might very well get convicted, I'm sad to say. He did break a protection mechanism, or distribute a means to break a protection mechanism. Although that mechanism was severely flawed.
The real reason that they're prosecuting him is that Økokrim (The department responsible for investigating computer crimes here in Norway) and their state prosecutor Inger Marie Sunde are dreaming about a police state where they have absolute control. A week or so ago, she said she wanted to outlaw the use of anonymous email. Normally, one would just ignore such a person, but her high position makes her really dangerous if she ever manage to pass the laws she want to.
I'm not associated with the MPAA, but after some thought on this I came up with the only reasonable explanation for their behavior.
They (of course) don't want to ever lose control of their works. Their ideal world would be one with no public domain at all, no fair use, and every time you sang "Happy Birthday" you made a mircopayment.
So here's what they do. First they need to get total control of their current works, so they create a "copy control scheme"- yes, CSS. But wait, CSS doesn't stop copying- pirates can copy a DVD and the CSS layer (with the right equipment; almost certainly possible with the same used by the studios to make the DVDs to start with, or such with small modifications). So CSS won't effectivly stop copying, just "unauthorized" access.
Step two in this nefarious scheme is to make it illegal to break this protection scheme (vis a vis the DMCA). And now, the perpetrators rest assured that (barring any bumps) they can now gain income on their works forever. Why? Because I can't try to de-CSS (or if you prefer DeCSS) a DVD movie (even one that has passed into public domain) without doing something illegal. So whoever CSS'd the movie in the first place becomes the only legal distributor, even though the content may (technically) be in the public domain.
Yes, even I recognize this as being overtly paranoid, but I challenge you to come up with a better alternative explanation of recent events.
Do you like Japanese imports?
One: is there a fund for Jon that we can contribute to?
Two: I wonder if the MPAA or movie studios could be sued for false advertising? If you notice, all advertisements for DVDs like "Shrek" or whatever scream "own this DVD NOW!" Yet, the studios emphatically deny that customers actually own the DVD or the right to do anything with it other than play it on an officially sanctioned player. If you "own" the DVD doesn't that imply the right to play it in any way you want, or can do with it as you will? Obviously, you don't own the rights to the content, so re-distribution is out -- but I'd think ownership should require the right to decode the content for personal use.
Class action suit, anyone?
Some website vandals and system crackers lack of moral backbone has little bearing on Law Enforcement toying with people's lives. "Two years, to investigate existing evidence and you don't really know whether a suspect broke the law, which you don't actually even understand, so charge him and let the courts figure it out?" (The jist of the story) Sorry, but that is irresponsible bullshit. It's like charging someone with murder without a victim.
Slashdot is not encouraging illegal behavior, The US Federal Gov't is making illegal laws.
The simple fact of the matter is, that the Fed lacks the authority to further several corporation's interests at the expense of inalienable rights of its citizens. The DMCA violates the Free Expression, First Sale Doctrine, and Fair Use rights of the American people. None of those are rights granted by the law, they are simply given legal recognition.
If the First Amendment was repealed tomorrow, Americans wouldn't lose their right to free expression, their right to free expression would simply lose legal recognition. The Right to Free Speech was never given by the Federal Government, and isn't the Federal Government's to take away.
All that making DeCSS illegal does is make it so you can't legally watch a DVD on any software or hardware that the creator of didn't pay a $100,000 minimum license fee to the MPAA.
To **COPY** and **PIRATE** a DVD, you just duplicate it bit-by-bit. You **DO NOT** use DeCSS to decrypt it first, or it will not even work on many DVD players.
Now, would you please explain what evil behavior the Slashdot community is tolerating here? If I go into DVD-World and buy six movies where does the MPAA get the right to tell me what I can watch them on?
Civil liberties aren't priviledges that are granted and taken away from bad little boys and bad little girls a the whim of big brother. They are your beating heart in your chest, ripped, still beating, from it by murderous tyrants.
the first thing to remember and to yell louder than everything else you say needs to be, DeCSS is not needed nor aids in copying DVD movies. DVD movies can easily be copied without DeCSS and were being copied without it easily before DeCSS existed. DeCSS does nothing to aid DVD copying, it was happening already.
That needs to be the soundbite that every lay-person needs to hear fors and at at least 15 decibels louder than the rest of the explination.
and I would add at the end how most every tool has a dark use.
Do not look at laser with remaining good eye.