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Elcomsoft Case Will Proceed

An Anonymous Coward writes "Reuters, via the NY Times (free registration required) reports that Elcomsoft's final motions to dismiss were denied. Apparently code *is* protected speech, but... not protected from the DMCA. But most interesting to me was this part: 'The DMCA does not eliminate fair use or substantially impair the fair use rights of anyone,' the judge wrote in a 35-page opinion. 'The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.' The EFF has the whole scoop as usual." There's a Wired story about the decision, and the judge's order is available.

221 comments

  1. Proposition by Anonymous Coward · · Score: -1, Troll

    Let the scores range from -5 to 5, and add a "Lowest Scores First" option. I wanna see the best trolls.

  2. US Laws Apply to Non-US Companies? by CmdrTaco+(editor) · · Score: 1, Troll

    One thing I don't understand about this case is the fact that Elcomsoft is based in Russia. What gives the US the authority to prosecute a foreign company under US law?

    1. Re:US Laws Apply to Non-US Companies? by friday2k · · Score: 2

      I guess it was because they were selling the software in the United States.

    2. Re:US Laws Apply to Non-US Companies? by Anonymous Coward · · Score: 0

      So the internet is under US jurisdiction now huh?

    3. Re:US Laws Apply to Non-US Companies? by ender81b · · Score: 2, Informative

      For one they do business here in the U.S. which makes them liable to comply with all pertinet U.S. Laws and Regulations. This is nothing new - U.S. company's are also held by the laws of foreign governments when they do business there. The classic example I can think of is a few years ago (1998?) compuserve was forced by the German government to filter out some types of websites (nazi, some porn, etc) that it deemed harmful. Now, obviously, that would be in direct conflict with the U.S. 1st ammendment but it was on German soil which means the German government can do whatever they want to a U.S. company and make them obey whatever laws. You can substitute whatever company/country into that situation but the basic premise is the same.

      It is also much like the fact that you must, as a U.S. citizen traveling/living/studying/working abroad, obey the laws of the country that you staying in. Remember 5 or so years back when those 2 american teenagers where flogged in Singapore (truly a happy place to live...) for grafiti and people raised such an uproar? Well the U.S. government didn't do anything - it was quite legal and proper for Singapore to enforce it laws upon them.

    4. Re:US Laws Apply to Non-US Companies? by Serial+Troller · · Score: -1

      First off, it was only one American teenager. Secondly, that sounds like fun. But only if it's someone like her doing it to me. Mmm...

      --

      STOP ME BEFORE I POST AGAIN!

    5. Re:US Laws Apply to Non-US Companies? by AntiNorm · · Score: 2

      Well the U.S. government didn't do anything - it was quite legal and proper for Singapore to enforce it laws upon them.

      Clinton talked and talked and talked to Singapore's government and convinced them to reduce the punishment from eight lashes with the cane to four. This I clearly remember. Although you're right -- Singapore had every right to enforce its laws, and probably should have given them all eight lashes. What I don't understand is why (as in the Singapore case) the US doesn't like other countries enforcing their laws on US citizens while (as in the Sklyarov/Elcomsoft case) it is so zealous about enforcing its own laws on citizens/corporations from other countries.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    6. Re:US Laws Apply to Non-US Companies? by Seth+Finkelstein · · Score: 4, Informative
      The jurisdiction issue was ruled on http://www.eff.org/IP/DMCA/US_v_Elcomsoft/20020327 _dismiss_deny_order.html

      On March 4, 2002, the court heard defendant Elcom Ltd.'s motion to dismiss the indictment for lack of subject matter jurisdiction. Having considered the papers submitted by the parties and the arguments made at the hearing on the motion, defendant's motion is denied.

      The court need not reach the issue of whether the Digital Millennium Copyright Act has extraterritorial application because the trafficking conduct for which defendants have been charged occurred in the United States. The conduct which underlies the indictment includes Elcomsoft's offering its AEBPR program for sale over the internet, from a computer server physically located in the United States. Purchasers obtained copies of the program in the United States. A copy of the program was sold to a purchaser in California. Payments were directed to, and received by, an entity in the United States.

      There is sufficient conduct occurring within the United States for there to be subject matter jurisdiction over this matter on a territorial basis.

      Sig: What Happened To The Censorware Project (censorware.org)

    7. Re:US Laws Apply to Non-US Companies? by ender81b · · Score: 2

      I vaguely remeber but the point is it was nothing more than talk, nor would it ever be anything more than talk.. maybe a few vague threats about foreign aid or something but the general point that clinton probably made was just to do this to be nice and show a good image to the American people so they wouldn't stop buying products, doing business, etc.

      What is clear is that the U.S. would never have done anything *real* to stop him from getting punishment. They would only attempt to talk the punishment down.

    8. Re:US Laws Apply to Non-US Companies? by mpe · · Score: 2

      One thing I don't understand about this case is the fact that Elcomsoft is based in Russia. What gives the US the authority to prosecute a foreign company under US law?

      The US has a very long history of simply ignoring the concept of something outside their borders being outside of the jurisdiction on any US court. About the only notable exception is where US people and corporations stand accused of violating human rights.

    9. Re:US Laws Apply to Non-US Companies? by mpe · · Score: 2

      Singapore had every right to enforce its laws, and probably should have given them all eight lashes. What I don't understand is why (as in the Singapore case) the US doesn't like other countries enforcing their laws on US citizens while (as in the Sklyarov/Elcomsoft case) it is so zealous about enforcing its own laws on citizens/corporations from other countries.

      Basically appears to be that the US likes to consider itself superior and look down on other nations. Rather than seeing them as peers.
      Also Sklyarov is not Elcomsoft. Whilst there might be a case against, the actions taken against Sklyarov basically amount to kidnapping.

    10. Re:US Laws Apply to Non-US Companies? by Anonymous Coward · · Score: 1, Interesting

      Or perhaps the question is: what gives Elcomsoft the right to sell products in the u.s. without ability to be prosecuted?

    11. Re:US Laws Apply to Non-US Companies? by Anonymous Coward · · Score: -1, Offtopic
      actions taken against Sklyarov basically amount to kidnapping.

      Then this guy was kidnapped too! FREE LUCAS!!!

    12. Re:US Laws Apply to Non-US Companies? by Kindaian · · Score: 1

      And vice-versa... like in the recent French and German cases agains Nazi memoralia and content (of which i abstain of making a comment because that is utterly off-topic)... Cheers...

    13. Re:US Laws Apply to Non-US Companies? by Anonymous Coward · · Score: 0

      The same thing that gives us the right to prosecute Osama bin Laden, even though he never set foot in this country. They committed crimes perpetrated inside our country.

    14. Re:US Laws Apply to Non-US Companies? by Anonymous Coward · · Score: 0

      2 things here: (1)wonder where the judge cashes those checks he's getting from Ms Rosen and the Hollywood bunch? (2) I'll bet even with an unfavorable ruling, Russia isn't about to do any extraditing

    15. Re:US Laws Apply to Non-US Companies? by GreyPoopon · · Score: 1
      Basically appears to be that the US likes to consider itself superior and look down on other nations. Rather than seeing them as peers.

      I disagree. Other countries frequently try to intervene when one of their citizens or companies is caught in US law, particularly when it may concern the death penalty (understandable). I suspect that the United States may usually be more successful. On top of the other countries complaining, there are plenty of civil liberties groups within the United States itself that have an even louder voice. I've not encountered such loud groups in other countries I've visited / lived in. Maybe I just missed it.

      Having said all of that, I feel that the US should have just let Singapore give the full eight lashes. Grafiti is frowned on by many in the US. If those kids did something they new was disliked in their own country without finding out what the local laws were, they got what they deserved.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    16. Re:US Laws Apply to Non-US Companies? by Dyolf+Knip · · Score: 2
      I guess it was because they were selling the software in the United States.

      Was Sklyarov? Did he personally sell the software? No. It was the company he worked for. When France made M$ pay a few million francs, I doubt the idea of arresting whatever Microsoft programmer happened to be at hand crossed their minds.

      --
      Dyolf Knip
    17. Re:US Laws Apply to Non-US Companies? by Anonymous Coward · · Score: 0

      Sklyarov wasn't found guilty.

  3. First amendment right by ObviousGuy · · Score: 1

    There is no recognized First Amendment right to Fair Use. Will this judge be willing to be the one to set the precedent? Slashdot devotees wait with bated breath.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:First amendment right by Talonius · · Score: 2

      Apparently not.

      "The right to fair use is present but more difficult to use; that does not mean it isn't present."

      Uh, yea. Okay.. when are our judges going to get their tongues off the corporate dicks and balls of America?

      Fucking disgusts me.

      --
      My reality check bounced.
    2. Re:First amendment right by Serial+Troller · · Score: -1

      Baited breath, you good-for-nothing dumbass. Learn how to spell English. Yeesh.

      --

      STOP ME BEFORE I POST AGAIN!

    3. Re:First amendment right by Anonymous Coward · · Score: -1, Troll
    4. Re:First amendment right by ObviousGuy · · Score: 1
      --
      I have been pwned because my /. password was too easy to guess.
    5. Re:First amendment right by Serial+Troller · · Score: -1

      I love to reply with the obvious: *CHOMP*
      Ow, let go! Let go!!

      YHBT. YHL. HAND. And all that...

      --

      STOP ME BEFORE I POST AGAIN!

    6. Re:First amendment right by Serial+Troller · · Score: -1

      *CHOMP!!!*

      Oooooooooooooh, two bites at the same time!! wh00t! wh00t!! wh0o0o0oty-to0o0t-t0o0ot!!!

      --

      STOP ME BEFORE I POST AGAIN!

    7. Re:First amendment right by Anonymous Coward · · Score: -1, Troll

      you are gay, you have gay, have a nice gay, sen~or faggote'

    8. Re:First amendment right by ObviousGuy · · Score: 1

      I've been caught!

      --
      I have been pwned because my /. password was too easy to guess.
    9. Re:First amendment right by Serial+Troller · · Score: -1

      If I were gay, why am I fapping off to this as I write this? Fap fap fap fap fap fap fap fap fap...!! *SQUIRT!!!*

      --

      STOP ME BEFORE I POST AGAIN!

    10. Re:First amendment right by sir99 · · Score: -1, Offtopic

      You write an inflammatory and incorrect response to a comment, and consider that a good troll? Just because a couple people responded doesn't make it a good troll; take some pride in your work! At least be a little more creative next time.

      --
      The ocean parts and the meteors come down
      Laid out in amber, baby.
    11. Re:First amendment right by compuserf · · Score: 1

      He's right. You're wrong. Bated and baited are different words.

    12. Re:First amendment right by Anonymous Coward · · Score: -1, Offtopic
      If I were gay, why am I fapping off to this [japannudes.net]

      You're in denial.

    13. Re:First amendment right by Anonymous Coward · · Score: 0

      " There is no recognized First Amendment right to Fair Use. "

      The supreme court has recognized this right, but it's much more limited than the slashbots like portray it.

    14. Re:First amendment right by mixbsd · · Score: 1

      Let us not forget that Elcomsoft is also the purveyor of Advanced Email Extractor, an email-harvesting program. Given that spammers are always screaming "free speech!", is it any wonder why Skylarov and his employers have used the free-speech 1st Amendment avenue to justify their actions? Pure co-incidence? I think not. Come to think of it, is Elcomsoft a Skylarov one-man-band, or do they have other programmers code their spamware? And in case anyone's wondering... no, I don't work for or support Adobe at all.

    15. Re:First amendment right by Eccles · · Score: 1

      Let us not forget that Elcomsoft is also the purveyor of Advanced Email Extractor [mailutilities.com], an email-harvesting program.

      I think I speak for most present when I say that I care about the issue, not the company. (Although I do sympathize with Skylarov for his unjust imprisonment.)

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    16. Re:First amendment right by mixbsd · · Score: 1

      That's exactly the issue: free speech, no matter how unpalletable the actions this might allow. I could have cited the late assassinated Pim Fortuyn as an example where his right to free speech (no matter how obscene his views might be) was denied him in the ultimate way, but instead, I chose to mention Elcomsoft, as they are Skylarov's employers, so directly related to the issue in hand. What should be addressed is the way in which people go about exercising their right to free speech and where the line should be drawn where their rights directly impinge on the rights of others. I have a right to free speech, but also a right to privacy. Does this therefore give a spammer's free speech rights over my right to privacy?

    17. Re:First amendment right by Serial+Troller · · Score: -1

      I am NOT!!!
      Oh, fuck...

      --

      STOP ME BEFORE I POST AGAIN!

    18. Re:First amendment right by Serial+Troller · · Score: -1

      I trolled. You bit. Dumb and "Slashdot reader" are the same thing.

      --

      STOP ME BEFORE I POST AGAIN!

  4. Obviously. by Renraku · · Score: 0, Troll

    This just in, cracking commercial software or encrypted data is illegal. Film at 11.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:Obviously. by JesseL · · Score: 1

      Really? What if I wrote and published that commercial software or encrypted that data myself? Gotta watch those overly broad statments...

      --
      "Prefiero morir de pie que vivir siempre arrodillado!"
    2. Re:Obviously. by ObviousGuy · · Score: 1

      Then you wouldn't be said to be "cracking" it.

      You wouldn't say that making a copy of your house key and using it was "breaking into" your house.

      --
      I have been pwned because my /. password was too easy to guess.
  5. Foes List by CmdrTaco+(editor) · · Score: 1, Informative
    On the same day, in a separate case, U.S. District Judge Garrett Brown dismissed a case against the Recording Industry Association of America, saying that the association had not stifled academic research when it told Ed Felten, a Princeton professor, that his research into a music-encryption scheme violated the DMCA.

    The government should have a friends/foes list like the one used in slashdot. Garrett Brown would surely be a welcome addition to my foes list.

    1. Re:Foes List by linzeal · · Score: 1

      Governments have them, its called a revolution, friend ;)

  6. struggling a little harder by Alien54 · · Score: 5, Insightful



    Gagging a person doesn't violate their free speech.

    After all, they only have to struggle a little harder to express themselves

    </sarcasm>

    Where do they get these judges?

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:struggling a little harder by Rogerborg · · Score: 4, Interesting
      • Where do they get these judges?

      For those who don't know, federal judges are political appointees. Of course, it's illegal for me and thee to employ people based on their political views, but political affiliation (aka loyalty) is the primary (de facto) criteria for the appointment of federal judges. Another nice example of "Do as we say, not as we do." from our political overclass.

      --
      If you were blocking sigs, you wouldn't have to read this.
  7. Here's to fair use... by Serial+Troller · · Score: -1

    You may fairly use my penis however you see fit. May I suggest a firm sucking or stroking motion. Preferably by someone who looks like her. None of you pasty-faced geeks need apply. Thank you.

    --

    STOP ME BEFORE I POST AGAIN!

    1. Re:Here's to fair use... by Anonymous Coward · · Score: -1, Offtopic
      You may fairly use my penis however you see fit.

      If I ever meet you I will cut off your penis! Is that fair?

    2. Re:Here's to fair use... by Serial+Troller · · Score: -1

      No. But if you're a girl, or a 10 year-old boy, you may suck onto it.

      --

      STOP ME BEFORE I POST AGAIN!

  8. Dear Judge by JoeShmoe · · Score: 5, Insightful

    Here's an analogy you may find interesting:

    "The DMCA (Dealer Mechanic Compensation Act) does not eliminate fair use or substantially impair the fair use rights of anyone to use their vehicle (because it states that you can only seek repairs or purchase parts from the dealer where you purchased your car),' the judge wrote in a 35-page opinion. 'The fair user may find it more inconvenient to engage in certain fair uses with regard to their modern vehicles, but nevertheless, fair use is still available, for a price."

    or...

    "The BMCA (Book Maker Compensation Act) does not eliminate fair use or substantially impair the fair use rights of anyone to use their books (because it states that you can only open the cover of the book using a special decoder tool that must be registered and periodically renewed by the book publisher),' the judge wrote in a 35-page opinion. 'The fair user may find it more burdernsome to engage in certain fair uses with regard to their book collection, but nevertheless, fair use is still available, as long as the book publisher remains in business."

    When as these idiot judges going to learn? Either we have a first sale doctrine...or we don't. Why do such backward-thinking judges somehow decide that just because we are selling very long numbers instead of books and cars that putting rules and restrictions on ANYTHING AS PART OF A SALE is effectively doing away with this longstanding legal precident?

    The day will come when matter can be easily replicated and all book publishers and car makers are going to be able to see are blueprints, designs, and other electronic information. All these companies are doing is ensuring that people turn to back alley and underground channels. But I understand their Chicken Little approach to intellectual property and the back-ass-wards way they follow it.

    What I don't understand is judges...who are put in our system of government to provide a check and balance to stupid laws...basically deciding that a small risk to corporate profits outweighs a society-wide consequence to freedom of access to information. WHO IS PAYING THESE PEOPLE OFF?

    - JoeShmoe

    .

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  9. EFF, Donate Now by CFN · · Score: 5, Insightful

    Hey. Just a couple of days I donated $20 to the EFF (grad student budget constraints).

    I'll tell you something, laws can be bought ("donations" to lesiglators), and court cases can be bought (better lawyers cost more). It seems like big business, etc., always win these things, but the reason is because they have the money to do the buying.

    If us, the regular people, those who want to own what we pay for, who want the right to watch our DVDs with the player we choose, to save our e-books on to a different medium, to uninstall parts of the operating system that we don't want, to take apart our :CueCats, all donated $20 to the EFF, or other organizations, suddenly we might be able to buy some justice as well.

    So forego a couple of extra beers, a couple of rounds of pool, StarWars tickets, etc. and dontate a couple of bucks. Maybe then we can see a difference.

    Just an idea.

    1. Re:EFF, Donate Now by arhawth · · Score: 1

      Here, here! People complain a lot, but they never do anything about it. That's a lot of wasted breath if you're not going to put your money where your mouth is.

      Sadly, I'm a student as well... but I won't let that stop me : )

    2. Re:EFF, Donate Now by ObviousGuy · · Score: 1

      What are you fighting for? So long as the EFF remains a reactionary organization it will be considered as marginal as the Sea Shepherds.

      Proactive groups make fewer headlines but more impact.

      --
      I have been pwned because my /. password was too easy to guess.
    3. Re:EFF, Donate Now by josh+crawley · · Score: 4, Insightful

      I admit, that supporting EFF is a noble cause. But it is wasted money. Here's why:

      They challenge all these unconstitutional/bad laws. Most of what the EFF says is thrown away, cause they're a bunch of techno-nerds. They're not paying those nice judges or congressmen anything.. Ask yourself: What has the EFF done for ME??? Asking the similar question about the NRA is a bit different. They have actually (payed off senators...) got bills destroyed/never even considered.

      How you can help: if you're a programmer, make those tools corporations dont like. Or if you can make a program vicious, then do it. However, send out source too. Once deCss hit the fan, the companies could never take it back. It's not that easy to un-disseminate a GPL (or open source) program on the net.

      Example: Virtualdub. Mr. Lee, in 1.3c put in ASF decryption support. It worked quite well, but ol' stogey MS didn't like it. He finally took it out, but wait!! He had full source downloadable (regardless of license). Now, thanks to him, we had a basis to build ASF decryptors and fixers.

    4. Re:EFF, Donate Now by Enonu · · Score: 3, Informative

      A quick URL to the donation page: here.

    5. Re:EFF, Donate Now by Baki · · Score: 2

      Does it bring much to donate to the EFF, in a country
      where those with the most $$$ can buy the legal system?

      Usually I am not a radical (and rather right wing for that matter) but I begin the think that the only thing that can help is civil disobedience (for a start). You cannot rely to use the legal system (like supporting the EFF for lawyers) that is corrupt, you can only ignore such a legal system and ignore corrupt laws.

    6. Re:EFF, Donate Now by jimhill · · Score: 2

      A more effective financial act would be to stop buying those DVDs you want to watch under Linux -- your $20 donation to the EFF evaporates when your credit card gets charged this fall for your gee-whiz extra-deluxe wonder-wow "Fellowship of the Ring" special edition collector's cut.

      --
      Learn to spell: nickel, missile, lose, solely, amendment, speech, kernel, probably, ridiculous, deity, hierarchy, versus
    7. Re:EFF, Donate Now by JanusFury · · Score: 2, Funny

      I agree completely up to the 'star wars tickets' part. That's crossing the line, man... give up your star wars tickets for your freedom? What are you, some sort of patriot? Sheesh.

      --
      using namespace slashdot;
      troll::post();
    8. Re:EFF, Donate Now by Gonarat · · Score: 1

      Where are mod points when you need. them? This is exactly the best way to fight the DMCA (in addition to supporting EFF). I did not know (or really care) about DeCSS until MPAA made a big deal about it. Jack's thugs convinced me to download and keep several copies of the code around. They also convinced me to become more educated about the DMCA and the damage it is causing.


      One word of advice, if you write a program that is "subject" to the DMCA, release it under a pseudonym, no matter where you live (the Corporate States of America has decided their laws apply everywhere). Once the software gets out, all the courts in the world can't put the Genie back in the bottle. MPAA may "win" the DeCSS case, put the program is all over the internet. Each DMCA complaint just serves as publicity for the program that it targets. If we cannot win in the courts, then we will have to win in the trenches.


      --
      Beware of Sleestak
    9. Re:EFF, Donate Now by under_score · · Score: 2

      Although I'm sure that donating to the EFF helps in some small way, doesn't it seem sad and pathetic that such a thing is necessary? If you can buy it, its not "Justice". For a really amazing description of Justice, check out: The Prosperity of Humankind. It's got a bit of a religious/spiritual perspective, but it actually goes through a very logical process and produces one of the best working definitions of Justice I have ever seen.

    10. Re:EFF, Donate Now by Reziac · · Score: 3, Insightful
      As I've said here several times before, the EFF and all its kin will NEVER be effective in Washington until they figure out that the only way to significantly influence the political process is to hire experienced lobbyists, who know all the right buttons to push -- it's their profession, they do lobbying for a living. You wouldn't hire a lobbyist to write geeky code, would you? So why would you expect geeky coders to know a lobbyist's job?

      And Avery Lee is one sharp cookie all around. :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    11. Re:EFF, Donate Now by jbn-o · · Score: 1
      [T]he only way to significantly influence the political process is to hire experienced lobbyists...

      Do you know that they're avoiding this? For all I know about their budget constraints they don't have the money to do that (they tell us "Over 80% of our annual operating budget comes from individual donations from concerned citizens like you." on their donation page), which to me implies donating more.

    12. Re:EFF, Donate Now by Reziac · · Score: 2

      Remember the article about "GeekPAC" where they said they planned to go around the country giving talks to educate people? Travel expenses alone could well cost more than one good lobbyist, and the lobbyist is going to be more effective where it counts -- Congress, where these stupid laws are made.

      Firing up Joe Farmer in Nebraska may sound like a good idea, but as we all know, Congress ignores the voice of the people whenever it so suits them, and Joe Farmer will forget about it by the time he drives home from the town meeting (assuming he understood what it was really about in the first place).

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    13. Re:EFF, Donate Now by jswitte · · Score: 1

      A classic Catch22 recursive paradox: if we donnate more, we will get lobbyists. But we won't donnate more unless we see lobbyists trying to get things done in Wa$hington. Which means there will be no lobbyists.

  10. MOD PARENT UP +5 Informative by Anonymous Coward · · Score: 0

    Okay... I almost jizzed in my pants just looking at that site. No ads or anything and really hot nude Japanese women!

    1. Re:MOD PARENT UP +5 Informative by Serial+Troller · · Score: -1
      --

      STOP ME BEFORE I POST AGAIN!

    2. Re:MOD PARENT UP +5 Informative by Anonymous Coward · · Score: -1, Offtopic
      Cane me even harder!

      Fap fap fap fap fap fap *SQUIRT*!

  11. Re:First amendment right -- TO WANK!!! by Serial+Troller · · Score: -1

    Oh, yes, you were! And how!! And I just jizzed all over my monitor looking at this. Mmmm...

    :
    :
    :
    *SQUIRT!!*

    --

    STOP ME BEFORE I POST AGAIN!

  12. His Reasoning is Bogus by geoffsmith · · Score: 5, Interesting

    The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.

    I'm sick of that argument. It's just not valid, if you make something "difficult" enough, people won't do it. And if people won't do it, it's equivalent to banning it. That it could be done "in theory" or by "people who are willing to put in extra effort" is irrelevant.

    In fact, all laws work on a relative disincentive principle ... most people would rather avoid breaking the law than possibly landing in jail. In this case, most people would rather not exercise the full extent of their fair use than put in the effort to sidestep the DMCA. There is no difference, the DMCA "silencing effect" is an affront to free speech. I think the fact that a person intelligent enough to become a judge used this argument shows he has ulterior motives.

    Websurfing done right! StumbleUpon

    1. Re:His Reasoning is Bogus by JPawloski · · Score: 1

      One thing I don't understand about this case is the fact that Elcomsoft is based in Russia. What I want to know is what gives the US the authority to prosecute a foreign company under US law?

    2. Re:His Reasoning is Bogus by csteinle · · Score: 2, Insightful

      The fact they were knowingly selling into the US? Why does the EU have the right to impose restrictions on Microsoft?

      Not that I think this case is right, but if you actively sell something into a state (nation or otherwise), you have to accept anything relating to the sale to be governed by its rules.

    3. Re:His Reasoning is Bogus by st0rmshad0w · · Score: 3, Insightful

      The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.

      IANAL but that statement sounds to me like pretty explicit permission do defeat devices/"protections" that impede fair use BY ANY MEANS NECESSARY so long as you are excercising your fair use rights. Difficult is most definately NOT impossible. And since there is no banning in place, there is no legal impossiblity, and most certainly no technical one, and there never will be.

      Now if I can just get an eBook converted to speech mp3 and drop it on the new Sony Net MD Player/Recorder. Heh.

    4. Re:His Reasoning is Bogus by anthony_dipierro · · Score: 2

      But e-books are no harder to use fairly than their paperback analogue. Although RMS might want there to be, there's no requirement that paperback manufacturers distribute latex versions of their books on floppy. You have to use scanners and OCR software to exert your right to read the book on your laptop. E-book manufacturers are merely trying to receive the same protections.

    5. Re:His Reasoning is Bogus by phriedom · · Score: 1

      But isn't he saying that as long as you are willing to do all the decrypting work yourself, (write your own original DeCSS, write your own original eBook hack) then its ok, as long as you don't share it or tell anyone how you did it? Is he using that reasoning to say that the DMCA is okay?

      --
      Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    6. Re:His Reasoning is Bogus by Dyolf+Knip · · Score: 2
      You have to use scanners and OCR software to exert your right to read the book on your laptop

      And yet, oddly enough, there are quite a number of large US-based companies selling those items without fear of being arrested for it. Tools to copy books are legal. Tools to copy ebooks are illegal. Anyone else see the problem here?

      E-book manufacturers are merely trying to receive the same protections.

      How do they achieve "the same protections" by prosecuting people for doing what you describe as the equivalent of scanning and OCRing a book? Sounds to me like they are going way above and beyond the level of protection afforded by dead trees.

      --
      Dyolf Knip
    7. Re:His Reasoning is Bogus by anthony_dipierro · · Score: 2

      And yet, oddly enough, there are quite a number of large US-based companies selling those items without fear of being arrested for it. Tools to copy books are legal. Tools to copy ebooks are illegal. Anyone else see the problem here?

      You are a troll.

      How do they achieve "the same protections" by prosecuting people for doing what you describe as the equivalent of scanning and OCRing a book?

      You missed my point. You can still scan and OCR an e-book without breaking the law. Just put your handheld scanner up to the screen. What you can't do is create a device which allows consumers to bypass technological measures to instantly make perfect digital copies. This law puts the two media at an equal playing field.

    8. Re:His Reasoning is Bogus by Dyolf+Knip · · Score: 2
      You are a troll.

      And you think that making it illegal to be a potential criminal is a good thing. That punishing people despite their not having committed a crime is not only acceptable, but quite logical. You've said so here. "I just don't see the DMCA as inane. I think it makes sense."

      You yourself said that scanners and OCR had to be used to make dead tree text freely accesible on a computer. Replace "scanners and OCR" with "Advanced Ebook Processor" and "dead tree" with "Adobe's ebook" and you have the situation Elcomsoft is in right now. Why isn't Memorex, the manufacturer of the scanner sitting right next to me (which came with some handy OCR software), in this bind?

      You can still scan and OCR an e-book without breaking the law. Just put your handheld scanner up to the screen. What you can't do is create a device which allows consumers to bypass technological measures to instantly make perfect digital copies

      Oh, but nearly perfect copies which could then be distributed flawlessly would be ok? I guess since MP3 isn't quite CD quality the RIAA should be giving its blessing to ripping and trading programs everywhere? After all, they're not perfect copies and you certainly can't get them instantly. Would a process that took 10 minutes and was only 99% perfect be ok for reading ebooks? How about an hour and 95%? A day and 90%? At what point does it become acceptable to write a program to copy this stuff? Would a perfect OCR program constitute a circumvention device to you? Never mind the unbelievable usefulness such an invention would have, it could read copy-protected books! Oh no, we have to ban it at once!

      Face it; trying to keep people from copying data that is in their hands or on their computers is futile. Trying to do it with a piece of legislation is futile and stupid.

      --
      Dyolf Knip
    9. Re:His Reasoning is Bogus by anthony_dipierro · · Score: 2

      And you think that making it illegal to be a potential criminal is a good thing.

      The insanity of that statement is self-evident.

      Oh, but nearly perfect copies which could then be distributed flawlessly would be ok?

      No, fair use copies are OK, and devices that aren't primarily designed to circumvent technological measures which effectively control access to copyrighted works are OK.

      Face it; trying to keep people from copying data that is in their hands or on their computers is futile. Trying to do it with a piece of legislation is futile and stupid.

      So all copyright law is stupid. I guess you release everything you own into the public domain?

    10. Re:His Reasoning is Bogus by Dyolf+Knip · · Score: 2
      And you think that making it illegal to be a potential criminal is a good thing.
      The insanity of that statement is self-evident.

      You're the one who said the DMCA, which does exactly that, is a good thing. You think the DMCA makes sense. The DMCA, among other things, makes it illegal to be a potential criminal; or rather, to tell people how to be potential criminals, which is just as bad. Therefore, you think that any information regarding committing crimes, especially when embodied in software, should be banned. Explain to me what part of this reasoning is 'insanity'. Try to do so without resorting to insults.

      No, fair use copies are OK, and devices that aren't primarily designed to circumvent technological measures which effectively control access to copyrighted works are OK.

      The whole 'primarily designed for' argument is crap. If DeCSS or the ebook crack had been bundled along with a large collection of legit features (thus making the whole program 'not primarily designed' for that purpose) nothing would have changed.

      Besides, listen to your own argument: If I want to fairly use this IP that I bought a license to use, I'm not allowed to seek outside assistance in doing so? Get real.

      So all copyright law is stupid.

      Never said that. I said trying to keep me from copying is stupid. Copyright is, or at any rate should be, keeping me making money off of, or claiming as my own, someone else's work. Doing so moves the activity much further into public view and is far more easily enforced. Still nowhere near perfect, but trying to keep tabs on what every singe person does on their home PC is, as I said, an exercise in futility.

      If you pass a law that you know you can't enforce and will only make things worse by trying, why do you bother? Principle must eventually give way to practicality.

      I guess you release everything you own into the public domain?

      For now we'll ignore the strange notion of 'owning' information. Do I demand that anyone who wants to make a copy of a work of mine pay me to get permission to do so? Do I demand that nobody ever try to get around any protections on said works on pain of litigation? Certainly not.

      --
      Dyolf Knip
    11. Re:His Reasoning is Bogus by anthony_dipierro · · Score: 1

      Never said that. I said trying to keep me from copying is stupid.

      That's exactly what copyright law does. It makes it illegal for you to copy.

      Copyright is, or at any rate should be, keeping me making money off of, or claiming as my own, someone else's work.

      That's certainly not what it is.

      Still nowhere near perfect, but trying to keep tabs on what every singe person does on their home PC is, as I said, an exercise in futility.

      It may be an exercise in futility, but it's precisely what copyright law does.

      The DMCA on the other hand mainly focuses on those trying to profit off of copyright infringement. People like Slyarov, and companies like Elcomsoft.

      Do I demand that anyone who wants to make a copy of a work of mine pay me to get permission to do so? Do I demand that nobody ever try to get around any protections on said works on pain of litigation? Certainly not.

      So if I want to copy your slashdot posts and distribute them on my site, I may do that?

    12. Re:His Reasoning is Bogus by Dyolf+Knip · · Score: 2
      That's exactly what copyright law does. It makes it illegal for you to copy.
      Copyright is, or at any rate should be, keeping me making money off of, or claiming as my own, someone else's work.
      That's certainly not what it is.

      [shrug] Your's is a view of copyright which is far more applicable to a pre-Internet/PC age. And even then it was unenforcable. All you could do was get the guys who did it to make money, since Joe Smith copying tapes in his den was just as unstoppable as Joe Jr. ripping his CDs is today. So while copyright is in theory stopping any copying whatsoever, it has in reality always worked the way I said. Now, when copying has gotten even easier and less controllable, the IP overlords want to actually use the precise meaning of copyright. All the while totally ignoring the fact that is was never even remotely doable in the past, much less in the future.

      It may be an exercise in futility, but it's precisely what copyright law does.

      It has been my experience that when a law cannot be enforced most, some, nor even a vanishingly small percent of the time, it ends up getting used in grudges and power games rather than in applicable cases. The anti-sodomy (read: literally anything but normal sex) laws still on the books in dozens of states get used by estranged heterosexual couples in nasty divorces and custody battles more often than anything else. It's actually a good parallel to the DMCA. Both are generally unenforcable. Both are banning something not proven to be harmful. Both are being misused and neither of them is accomplishing whatever it was they were originally supposed to do. Prohibition and the War on Drugs, especially the Property Seizure laws associated with it, are another example.

      The DMCA on the other hand mainly focuses on those trying to profit off of copyright infringement. People like Slyarov, and companies like Elcomsoft.

      ...and Professor Felten who was specifically not profitting from his work, and the guy who cracked the Aibo code for fun, and 2600 who got no money whatsoever for posting and linking DeCSS (has anyone?), and so forth and so on. Even if you were right and this is at its heart a great piece of legislation (which I have already vehemently argued against), it is so poorly written that it is being misused far, far more often than it is being used to do any good.

      So if I want to copy your slashdot posts and distribute them on my site, I may do that?

      Go for it. You have my blessing. The only thing I would ask is that you attribute them correctly. But as there's really no way I can force you to do that, I won't lose too much sleep if you don't.

      --
      Dyolf Knip
  13. In other news... by Erik+Fish · · Score: 2, Funny

    It was also found that someone putting a foot up Judge Ronald Whyte's ass will in no way eliminates or substantially impair his ability to walk. The esteemed judge may find it more difficult to engage in certain quick strides but nevertheless, walking will still be possible.

  14. Fair use not restricted by yoyoyo · · Score: 1
    Ok, let's see if I understand the judge's argument: The DMCA doesn't prevent fair use, it just makes it more difficult: ``The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.''

    Ok, now we're on the slippery slope, because now we can encrypt any digital content without preventing fair use. The judge is speaking about electronic books, but this argument applies to audio, video, and so on...

    The judge agrees that software code is speech and is protected by first amendment rights, but then he proceeds to limit those rights even though fair use is a recognized right.

    --

    --
    I have taken more out of alcohol than alcohol has taken out of me - Churchill
    1. Re:Fair use not restricted by mpe · · Score: 2

      Ok, now we're on the slippery slope, because now we can encrypt any digital content without preventing fair use. The judge is speaking about electronic books, but this argument applies to audio, video, and so on...

      The point which the US judiciary appears to be missing is that the special catagory of "digital content" has been invented out of thin air.
      The US Congress simply does not have the authority to make a law which treats copyrighted material differently depending on media. About the only permitted variation would be different terms for different times of works, so long as terms are limited.

    2. Re:Fair use not restricted by Flower · · Score: 2
      No this is even more fun.
      Thus, circumventing use restriction is not unlawful, but in order to protect the rights of copyright owners while maintaining fair use, Congress banned trafficking in devices that are primarily designed for the purpose of circumventing any technological measure that "effectively protects a right of a copyright owner," or that have limited commercially significant purposes other than circumventing use restrictions, or that are marked for use in circumventing the use restrictions.

      So what we've got here is, if you can program it yourself, exercise your fair use rights as much as you wish but try and pass your tool to others and watch out. You're in violation.

      Because that's exactly what's it will be. Give me an example of any program that will not be a violation of 1201(b). We've already been told by the courts and the copyright office that developing a tool to view DVDs under linux isn't protected. One says the affected population is too small and the other says the copyright owners don't have to cater to every Tom, Dick and Harry out there. Under this interpretation the only ones who will have fair use will be the technologically savy.

      However, I will say this. His discussion of what is fair use is concise, and understandable. Unfortunately, he brings up a telling point.

      Id. There is no bright line test for determining whether any particular use is a "fair use" or is instead an act of copyright infringement, and each use requires a case-by-case determination. See Harper & Row,Publishers v. nation Enters., 471 U.S. 539,549(1985).

      Which, in my cynical mind, means big companies get to sue, sue, and sue some more while the little guy can only hope that some organization like the EFF will back them lest they go broke defending themselves. Eh, time will tell.
      --
      I don't want knowledge. I want certainty. - Law, David Bowie
  15. Re:First amendment right -- TO WANK!!! by ObviousGuy · · Score: 1

    Interesting. Anna isn't a Japanese name.

    --
    I have been pwned because my /. password was too easy to guess.
  16. Fair Use vs one can hire monks to scribe by Seth+Finkelstein · · Score: 4, Interesting
    I think the definitive slogan should be

    Fair use doesn't mean that one can hire monks to scribe

    I take this from the EFF Supplemental Letter Brief in Corley v. Universal appeal

    2. Can Congress Eliminate Fair Use in New Media?

    At argument, the Court asked whether "fair use" meant a right to access the work in the technologically most usable form. The short answer is that fair use extends to works in whatever form they are offered to the public.

    The longer answer is that, since fair use is the safety valve by which the First Amendment and copyright exist peacefully, if different media permit different levels of individual expression through fair use, then decisions by Congress to impede the most useful means require justification under the First Amendment. A prohibition on using copy machines to make fair use could not be answered - under today's First Amendment law - with the retort that one can hire monks to scribe the relevant passages.

    Unfortunately, the courts so far seem to be holding the opposite :-(

    Sig: What Happened To The Censorware Project (censorware.org)

  17. Prior work by bonzoesc · · Score: -1, Troll

    Is Elcomsoft responsible for this? If so, I highly respect their programming abilities and their insight into future open-source products.

    1. Re:Prior work by Anonymous Coward · · Score: 0

      you sir, are a fuck.

    2. Re:Prior work by Intrinsic · · Score: 1

      Someone moderate this fucking post to -5 and bann him fucking dick.
      by the way if you this page has a trojan virus in it as well.

    3. Re:Prior work by mancxvi · · Score: 0, Offtopic

      dude u made my mom think i gay u fuckin fuck....... go suck a fuck...... i mean come on who post software like that sure its open sorce.

    4. Re:Prior work by Anonymous Coward · · Score: 0

      Someone keep modding this down please. It needs to be put to -1 asap I'd say.

      I'd to it myself except I don't moderate.

    5. Re:Prior work by Anonymous Coward · · Score: -1, Offtopic

      Yes, I noticed. Apparently it's the virus that eliminates all correct spelling and grammar from the text in a post and replaces it with broken english and explatives.

    6. Re:Prior work by Anonymous Coward · · Score: -1, Offtopic

      That's expletives to you.

    7. Re:Prior work by Anonymous Coward · · Score: -1, Offtopic

      Damn! I've been hit by the trojan virus! somebdy plz hlp meeeee fuck shit fuck fuckc dkjsfkdf

    8. Re:Prior work by Anonymous Coward · · Score: 0
      Maybe you should be browsing with Mozilla RC1...

      You can disable script-based pop-up windows in the preferences.

  18. Paper vs digital by Alsee · · Score: 3, Interesting

    If you substitute 'book' for 'computer' and 'printed text' for 'computer data' it becomes pretty obvious just how stupid DMCA, SSSCA, CBDTPA, and all the DRM schemes are.

    We're getting screwed because so many people find "computer bytes" to be myterious and magical. A byte is very much like a letter on a piece of paper. If it's legal to do something with a piece of paper, it should be legal on a computer.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    1. Re:Paper vs digital by foniksonik · · Score: 2, Insightful

      This is the best analogy so far...

      I can, for arguements sake, buy the book in print format to distribute according to Fair Use and:

      A. Hand transcribe it.

      B. Go to Kinko's and copy it page for page.

      C. Buy an OCR scanner and again copy it page for page.

      or

      D. Use the Elcomsoft software and distribute it much the same as the above examples...

      What is the difference? None. I'm merely using technology to enhance my performance.

      As long as I am distributing according to Fair Use I haven't broken any laws... or have I? the DMCA would have it to be that I have, somehow.

      Prosecute people for breaking a law, not for creating something that 'COULD' break the law.

      What ever happened to 'innocent until proven guilty' or the 'right to bear arms' or 'freedom of speech' or any of our constitutional rights that specifically were created to keep citizens from being persecuted for the potential of committing crimes.

      We are all potentially committing crimes just by being alive.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    2. Re:Paper vs digital by Alsee · · Score: 2

      Exactly.

      It's all about taking away rights and creating new crimes.

      "Our business model isn't working because people have the right to do X, Y, and Z. Please make X, Y, and Z illegal so we can keep making money. Businesses making money is good for the economy. We are at war with terrorists! If you don't help the economy you're helping the terrorists win! Think of the children!"

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  19. That's where! by serps · · Score: 2

    Where do they get these judges?

    From the Chilling Effect School of Law, of course!

    --
    "Einstein argued that [...] God is not capricious or arbitrary. No such faith comforts the software engineer." ~ Brooks
  20. What is this ultimately going to do to the DMCA by AlaskanUnderachiever · · Score: 1

    "The government contends that computer code is not speech and hence is not subject to First Amendment protections," he wrote. "The court disagrees. Computer software is expression that is protected by the copyright laws and is therefore 'speech' at some level, speech that is protected at some level by the First Amendment." It was my understanding (perhaps incorrectly) that one of the major premises in past cases and in pushing foward the DMCA is that code/programming was NOT protected under the 1st. While it apparently does not have bearing on THIS case, what would this ruling do to future cases that hinge on that arguement?

    --
    Find out about my new childrens book: SS Death Camp Criminal Batallion Go To Monte Carlo For The Massacre
  21. Re:First amendment right -- TO WANK!!! by Serial+Troller · · Score: -1

    Neither is "ObviousGuy."

    --

    STOP ME BEFORE I POST AGAIN!

  22. Re:First amendment right -- TO WANK!!! by ObviousGuy · · Score: 1

    How Obvious. Anyway, back to the point. I prefer Kaoru Sakurazawa myself. I'd post a link, but I'm at work, obviously.

    --
    I have been pwned because my /. password was too easy to guess.
  23. MacOS X, the ultimate ebook ripper! by LaminatorX · · Score: 1
    Hmm. It's illegal to provide a tool to turn ebooks into unencrypted pdf huh?

    Step 1: Buy legit ebook.

    Step 2: Open ebook.

    Step 3: Grab screenshot, turn page, repeat.

    Step 4: Embed graphic in Preview.

    Step 5: Write script to automate process.

    Step 6: Save as PDF

    Step 7: Enjoy on system of choice and share with friends.

    I hope non-infringing uses count for something...

    1. Re:MacOS X, the ultimate ebook ripper! by Anonymous Coward · · Score: 0

      Some Windows IE plugins actually prevent grabbing screenshots like this.

      But I'd like to see them stop a digital camera... for ebooks 100% good enough, since you often want to ocr back to text again anyway.

    2. Re:MacOS X, the ultimate ebook ripper! by foniksonik · · Score: 1

      Isn't it lovely? I actually went ahead and paid for Screenshot Pro for this very reason... well and to make movies of how-to things for marketing!!! ;-p

      (well somene paid for it but I digress)

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    3. Re:MacOS X, the ultimate ebook ripper! by Anonymous Coward · · Score: 0

      Step 5 puts you in front of Judge.

  24. because weare selling very long numbers... by GrEp · · Score: 3, Interesting

    Along this line, every digital program is a number in base 2. If one were to write a program A that outputs the number for Windows XP, and then write a program B that outputs the number for A, would program B be legal?

    Program B does nothing but output a number. The number it outputs is not copyrighted.

    What if you wrote a program that produced the number for the Windows XP binary minus seven? Would a program that adds seven then be copyrighted by microsoft?

    Similarly,does a software binary copyright also cover the infinite number of programs that output that binary? Also, does copyright cover stuff like program B giving control over the infinite number of programs, that can be produced by the infinite number of programs, that can be produced by an infinite number of programs....

    If the government actualy accepts code as speach, then software companies are screwed. They would have to outlaw every number, because it could be used as a key to generate the source code for Windows XP.

    --

    bash-2.04$
    bash-2.04$yes "Don't you hate dialup connections?"| write USERNAME
    1. Re:because weare selling very long numbers... by Anonymous Coward · · Score: 0

      Is that windows XP binary hidden in PI?

    2. Re:because weare selling very long numbers... by GrEp · · Score: 2

      Just thought of another one.
      By patenting Windows XP does Microsoft control all bitstrings that have the same length as Windows XP? You could generate a random string of bits and XOR it with the Windows XP binary. The resulting XORed string could be any string the same length as the XP binary. (by XORing the string again with the same random string you get Windows XP back) There are less atoms in the universe than the number 2^n where n is the length of the XP binary.

      --

      bash-2.04$
      bash-2.04$yes "Don't you hate dialup connections?"| write USERNAME
    3. Re:because weare selling very long numbers... by JoeShmoe · · Score: 5, Insightful



      This is a silly argument. If the process is reversable you have not fundamentally altered it, merely packaged it. Warez pirates don't get off scott free because they are trading ZIP files that just happen to uncompess to WinXP.

      Now, if the process isn't reversable then you have destroyed the item in question so arguably there is no copyright violation in the first place.

      It's not the individual steps that are the concern. It's the process. Your program B wouldn't be illegal unless the only purpose of program B was to be used in concert with number A to product free copies of Window XP.

      A book is just a really long word printed on paper. A car is just a really complicated sculpture made from metal&plastic.

      My point is that we need for people to separate CONTENT from DISTRIBUTION and stop thinking that objects containing both are somehow inseparable. A electronic book is the same as a book except the electronic book can be duplicated replicated and distributed far more easily than the physical book. But in the future where maybe we have robots that could flip through a book recording each page then manufacture a duplicate from raw materials...well then, suddenly its more apparant that the part of the "book" that actually has value is the word not the package and not the way it gets from point A to point B.

      Even if computer code is just a really big number...it still takes a person focusing creative energy for a period of time to produce that number...or rather, find out why that number is so special (what exactly it does). But beyond the initial credit and compensation...it is flat out stupid to assign rights to the number itself. I won't purchase eBooks because they aren't going to sell me their number. They want to sell me part of it and then add a whole long list of chores I must complete to get the rest.

      It's as if an artist sold you a picture in a black box and told you to hang the black box over your mantle and if you ever wanted to see the picture, call him and he'll remotely open the box. Who would be stupid enough to buy something like this? Yet if tomorrow all artists decided to do it, would we have any way to stop them? No, we wouldn't and that's when the courts are supposed to step in and say "No." They did it for book contracts back in the 1970's and established the first-sale doctrine as law.

      And now idiots like this judge have decided to throw that out and go back to allowing manufactures of PACKAGING and DISTRIBUTION to made decisions regarding CONTENT.

      - JoeShmoe

      .

      --
      -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
    4. Re:because weare selling very long numbers... by Asprin · · Score: 1

      I'm not sure I completely agree with you because the law (even though it can be very specific) still provides for a human judge and/or jury to *evaluate* the material and evidence involved considering the intent of the defendant. In other words, the law would consider you argumentative and nitpicky, despite the fact that you are, techinically, correct. (If a court were to allow that sort of argument, you'd have trouble proving anyone does anything...)

      However, I've been thinking about this kind of stuff since the CDA was passed (1996?) and since it's a lot of fun to think about, here's my $2E-02 contribution...

      A few years ago I came across a Playstation game at a video store. It was largely unpopular, I guess, because I only read the box, I didn't play it, I haven't seen it since and the name of it always escapes me. It was kinda like Pokemon in that it featured battling monsters, but it was unique because not only could you use the pre-generated monsters included on the game CD, but you could drop your own *MUSIC* CDs in the your PS and it would NON-RANDOMLY generate monsters using the song data to give them their appearence and abilities.

      Now what if that playstation game showed you generated pr0n animations extracted from the CD data? Is the song illegal? What if we came up with a file that if you open it using a spreadsheet program, it contains my personal checking account history; however, if you take that same file and open it in an image viewer, you get pr0n? One file, two interpretations: one of them completely legitimate, the other could get you in a lot of trouble.

      The point is that the data file and the application that 'edits' that file have to be considered together as a whole. A data file on its own is just a number, but it's the instructions the computer is fed by the application based on the data that makes it interesting for us as users. I'm pretty sure that, with a little massaging, you could almost get a 'proof of the existence of God', or at least a definition of intelligence out of the fact that of all the possible numbers you can make out of 2^n binary digits, humans seem to continually find and re-use a very small subset of them that are interesting to us. Sorta like the rational and irrational numbers.

      I think the key issue here is something nobody in the courts has even alluded to understanding: We need to figure out exactly what 'information' is; that is what makes one bit-pattern ok and another not?

      --
      "Lawyers are for sucks."
      - Doug McKenzie
    5. Re:because weare selling very long numbers... by HiThere · · Score: 2

      How about these two methods:

      Method 1:
      Program 1 outputs all integers in seqence as a continuous bit string.

      Program 2 selects from the output of program 1 according to a true false match against the complement of another number.

      Program 3 generates a second number for input to program 2 formed by removing either the odd or even bits from another file.

      Feed a copyright work to program 3 twice, once for odd bits, once for even bits.

      Run two copies of program 2 (in two threads), once with each input against the output of program 1.

      Program 4 creates a file by interleaving the bits of two other files.

      This has the single dubious point that there is a reference to the copyrighted program.

      Method 2:
      This improves upon method 1.
      Program 1 outputs all integers in seqence as a continuous bit string.

      Step 1: Run Program 1, caching the results against future selection.

      Step 2: While program 1 is working, construct a suite of tests that must be passed in order for a program to be accepted.

      Step 3: Run each of the outputs of program 1 against each of the test suites composed in step 2.

      Continually run all three steps in parallel.

      If the tests are correctly selected, then eventually an output will be produced which satisfies all of the specified tests in the same way that any other selected program would.

      (N.B.: Except for the nature of the production of candidates, this is similar to many other endeavors, such as the Wine project.)

      Here, however, the question is: Is program 1 illegal? It is guaranteed to eventually produce bit strings that, if properly interpreted, are identical to all copyrighted works. (It may not be very efficient at the job, but it would certainly eventually output ALL copyrighted works.)

      Could the output of program one be copyrighted? Could arbitrary selections from the output of program one be copyrighted? Could selected selections from the output of program one be copyrighted?

      But these are all just numbers. Until they are interpreted.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:because weare selling very long numbers... by JoeShmoe · · Score: 2

      You've changed nothing. Again, I repeat myself.

      If Program 1's only purpose is to contribute towards producing pirated copies of X then yes it's illegal. If Program 1 also happens to produce a bitchin recipe for chicken gumbo then you might be able to get away with it...however as soon as someone posted a message saying "if you take program 1 and do such-and-such you get a free copy of X" then guess what, you'll be asked to modify Program 1 so that it maintains its primary purpose (outputting recipies) without its correlating illegal purpose (outputting X).

      For the last time, it's not the parts, it's the process.

      - JoeShmoe

      .

      --
      -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
    7. Re:because weare selling very long numbers... by HiThere · · Score: 2

      But program 1's purpose is to output all of the integers in sequence. I.e., to implement the sucessor function from, say, "Peano Axioms and 1st order logic" (et. al) in an iterative manner.

      The gumbo receipes that would, of course, exist there are purely an artifact of interpretation. And you could assign the same receipe to different integers depending upon your interpretation. Likewise for any interpretation as machine code. (Of course, some interpretations are more straightforward than others.)

      But it will map to anything that maps to the integers, or at least to a finite subset of them. This includes the words in a dictionary, the names in a phone book, etc. And the successor function predates copyright law. It probably predates the English language.

      I suspect that the copyright would have to be found to lodge in the selection process, or possibly the interpretation process. And note that there's no guarantee that the number that is selected under interpretation 1 will have any resemplence to the number selected under interpretation 2. (To make this concrete, imgine that interpretation 1 models the Intel 686 and interpretation 2 models the Motorola, O, 68000. But remember that these are merely choices made to ease the visualization process.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    8. Re:because weare selling very long numbers... by Lectrik · · Score: 1
      Quoth
      A few years ago I came across a Playstation game at a video store. It was largely unpopular, I guess, because I only read the box, I didn't play it, I haven't seen it since and the name of it always escapes me. It was kinda like Pokemon in that it featured battling monsters, but it was unique because not only could you use the pre-generated monsters included on the game CD, but you could drop your own *MUSIC* CDs in the your PS and it would NON-RANDOMLY generate monsters using the song data to give them their appearence and abilities.


      The game was Monster Rancher (1 or 2)
      i think it used data on a CD, or some other identifier like CDDB uses, to determine body type, color, and atributes from specific sets.
      It always gave me similar creatures from my They might Be Giants discs though
      --
      --- As to make my comment seem, by comparison, more intelegent... doodie doodie doodie poop poop poop!
  25. Fair use is fair... by Anonymous Coward · · Score: 0

    ...but some use is more fair than others!

    If you really oppose the DMCA, MPAA, RIAA, etc. etc. stop consuming the products from those you hate. Do you really need to watch the latest movie? Do you really need to buy the CD and listen to music? There are other forms of entertainment. Go to the library and loan a book.

  26. For those who don't want to register by phalse+phace · · Score: 1, Redundant

    Judge Says Russia Software Company Can Be Tried
    By REUTERS

    Filed at 9:56 p.m. ET

    SAN FRANCISCO (Reuters) - A federal judge on Wednesday denied final motions to dismiss a lawsuit against a Russian software company accused of violating a controversial U.S. copyright law that defense lawyers argued is unconstitutional.

    U.S. District Court Judge Ronald Whyte in San Jose, California, rejected the argument of lawyers for ElcomSoft Co. Ltd. who said the 1998 Digital Millennium Copyright Act was overly vague, violated free speech rights and infringed on the established right to ``fair use'' of copyrighted material.

    Moscow-based ElcomSoft briefly sold a computer program over the Internet last year that allowed people using Adobe Systems Inc.'s (ADBE.O) eBook Reader to circumvent copyright protections so they could copy and print digital books, as well as transfer them to other computers and have the computer read them aloud.

    ``The DMCA does not eliminate fair use or substantially impair the fair use rights of anyone,'' the judge wrote in a 35-page opinion. ``The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.''

    In addition, Whyte noted that there has been no generally recognized First Amendment right to make back-up copies of electronic works.

    ``In short, the statute bans trafficking in any device that bypasses or circumvents a restriction on copying or performing a work,'' regardless of whether it was designed to enable fair use, Whyte said.

    While agreeing with defense lawyers that computer code can be speech and thus protected by the First Amendment, the judge found that in enacting the DMCA, the U.S. Congress sought to ban code not because of what it says but because of what it does.

    The case is seen as a crucial test of the DMCA, which civil rights advocates and software programmers say gives copyright owners broader rights than they have over non-digital material, at the expense of individual rights to legitimate users.

    Movie studios and record labels argue that the law is necessary to prevent unauthorized copying of films and music over the Internet, where digital material is easily downloaded and swapped.

    FREE SPEECH PROTECTIONS OF CODE

    ``In the digital age, more and more conduct occurs through the use of computers and over the Internet. Accordingly, more and more conduct occurs through ``speech'' by way of messages typed onto a keyboard or implemented through the use of computer code when the object code commands computers to perform certain functions,'' Whyte said.

    ``The mere fact that this conduct occurs at some level through expression does not elevate all such conduct to the highest levels of First Amendment protection,'' he said.

    ``The DMCA does not burden substantially more speech than is necessary to achieve the government's asserted goals of promoting electronic commerce, protecting copyrights and preventing electronic piracy,'' Whyte said.

    A federal prosecutor declined to comment on the ruling. Meanwhile, defense lawyer Joseph Burton, of the San Francisco law firm of Duane Morris, said it is likely he will appeal the ruling.

    ``It's difficult to understand how, without digital tools, you can achieve fair use of digital material,'' Burton said from a hotel room in Chicago. ``To me that's a paradox.''

    The programmer who wrote the product at the heart of the case was released with the promise that charges would be dropped against him in exchange for his testimony.

    Dmitry Sklyarov, 27, returned home in December and vowed to return to testify in support of his employer. He was arrested last July after speaking at the DefCon hacker conference in Las Vegas.

    A hearing is scheduled for May 20 at which the court is expected to set a trial date. ElcomSoft faces $2.25 million in fines if convicted.

    The judge previously denied two other defense motions to dismiss the case.

    1. Re:For those who don't want to register by God!+Awful · · Score: 2

      For those unclear on the concept, posting the story here so people don't have to register is not fair use. How ironic.

      -a

    2. Re:For those who don't want to register by Seth+Finkelstein · · Score: 2
      ... posting the story here so people don't have to register is not fair use. How ironic.
      Indeed. Especially because all that would be necessary is a non-registration-required link to the article

      Sig: What Happened To The Censorware Project (censorware.org)

  27. Judge is making no sense here.. by phunhippy · · Score: 2

    JUDGE Says: 'The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.'

    Fair use is still available.. well yeah! through elcom software program!! right?

  28. Free Speech v1.1 by groupthink · · Score: 1
    The ramifications of the judgement are clear, with the evil of the DMCA becoming clearer than ever.

    The Corporate Giants of this country have been able to pass, what, in practice, is now a constitutional amendment outlawing speech which they find, shall we say, "obscene".

    From the judgement:

    The conversion accomplished by the AEBPR program enables a purchaser of an ebook to engage in "fair use" of an ebook without infringing the copyright law; ... Defendent was indicted for alleged violations of [the DMCA] (emphisis added.)

    I can almost hear the Equity Lords yelling "Bad Speech! You go Squish Now!"

  29. OT -- Re:Obviously. by JesseL · · Score: 1
    You wouldn't say that making a copy of your house key and using it was "breaking into" your house.

    Obviously ;-) But I'll bet that the Lockmakers Consortium would love to have a law forbidding unauthorized duplication of "their" keys.

    --
    "Prefiero morir de pie que vivir siempre arrodillado!"
  30. NY Times Registration by Cyph · · Score: 1

    Use the NYT Random Login Generator to get around that pesky registration requirement.

  31. (ot) .sig by Anonymous Coward · · Score: 0

    Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]

    Please put your signature to its designated place -- Slashdot preferences->You->Sig. I have selected the Disable Sigs option in my preferences, and the way you're using your sigs kind of defeats the setting.

    Sorry, I'm having a bad day.

    1. Re:(ot) .sig by Anonymous Coward · · Score: 0

      We've been asking him that for years - no effect. But thanks for asking :)

  32. huh? by grung0r · · Score: 1
    "The mere fact that this conduct occurs at some level through expression does not elevate all such conduct to the highest levels of First Amendment protection. Doing so would turn centuries of our law and legal tradition on its head, eviscerating the carefully crafted balance between protecting free speech and permissible governmental regulation"

    What the hell is this judge refering to? I don't know of any permissible goverment regulation on speech(don't even start with the whole yelling fire in a crowded theater,that clearly does not apply). I was not even aware of diferent "levels" of speech. Is politcal speech protected less then artistic speech? how does one define where one level ends and the next begins? This idea is a pretty terrifying prospect to me.

    1. Re:huh? by DennyK · · Score: 5, Informative

      There are levels of distinction and laws which forbid certain types of speech. In general, "personal" speech (non-commercial) enjoys more Constitutional protection than commercial speech. For example, it is illegal for companies to misrepresent or lie about their products. There are laws about what descriptive phrases or words can appear on product labels (i.e. "low-fat", "fat-free").

      Even personal speech is not protected 100%. Libel, slander, harassment, assault, death threats, etc. are all illegal, and the First Amendment does not protect them. Other things and actions which could be defined as "forms of expression" (I use the term loosely) like child pornography and public nudity can also be made illegal, and are not considered protected.

      That said, I disagree with most of the judge's arguments here. Especially the part about "fair use" not being interfered with because it is still "possible" to excercise fair-use rights, it's just harder. *That* is a slippery slope indeed. You could argue that, because it is theoretically possible to take a random clump of matter and rearrange the subatomic particles contained within it to form an exact duplicate of a "protected" work, it is perfectly all right to do away with every other concievable method of duplicating said work for fair use. Sure, it's more difficult to construct a duplicate from the subatomic level, but hey, it's still *possible*, right?

      As for the whole IP market...what all of this boils down to is that companies who make their living "selling" intellectual property are losing their control over the distribution. The trouble is, almost all IP is abstract. It's just a bunch of ideas. There is no physical component to sell. In theory, in a true free market, it would be impossible to sell ideas, because they are not limited resources. Yes, it is possible to run out of NEW ideas...but once an idea exists, it could, in theory, be distributed to every being on this planet with no limitations. Everyone can possess the same idea without taking it away from anyone else.

      Those who sell IP have always relied on the fact that in order to spread those ideas reliably, a physical medium is neccesary...and since this physical medium is a limited resource, it can be sold. Books, music cassettes, VHS tapes...they are all physical, limited objects. If you have a book, you can't give it to your neighbor and keep reading it yourself at the same time...so if you both want to read it, you both have to buy a book. Duplicating the book yourself is certainly possible. You can memorize it, transcribe it, or even photocopy it. But these methods are all expensive in terms of time or money, and the results are not as reliable. IP merchants were able to use these physical limitations to exert control over the market and artificially inflate the price of their ideas.

      The digital age, however, in one swift stroke, has destroyed that physical limitation which allowed IP to be sold like it was a limited physical resource. Now, suddenly, it is fast, easy, and cheap to take a single copy of an Intellectual Property and make hundreds, thousands, even millions of copies of it...copies that are indistinguishable from the original.

      For humanity, this is a wonderful thing. Now ideas can be shared with millions of people at a tiny fraction of what it would cost a decade ago, with no need to worry about having to tie them up in artificial physical limitations. But for those companies who have been profiting for years on the artificial scarcity of IP in the physical world, it's an absolute nightmare. Their control is gone. Their entire business model is crashing and burning around them. That's why they are buying Congressmen and new laws like they're on clearance at Wal-Mart. They aren't concerned about this new world of almost limitless, extremely low-cost distribution of IP. They aren't apprehensive. They're freaking terrified.

      The trouble is, all of these IP merchants are obsolete. They're outdated. They're not needed anymore...or won't be needed for much longer. They're going the way of the horsed carriage and the typewriter. Or, at least, they should be. But they're putting up one hell of a fight. They don't like this brave new world, so they're doing their damndest to reverse the progress we've made to reach this point. I don't think they will succeed in the long run. They can't undo what's been done, no matter how much money they throw at Congress and the lawmakers. Eventually, they will wither away and die, or adapt to the new environment. But I fear that they are going to make the transision as painful for everyone around them as they can before they do.

      It's really unfortunate. Here, we have the ability to pass ideas in many formats (verbal, audible, visual) to a vast number of people at once at a relatively low cost. It's the next best thing to matter replication. But a few greedy corporations, trying desperately to hold on to a dying business model, are trying to destroy this ability, or at the least, to cripple it, reduce it to a fraction of it's current usefulness...all in the name of their own profit margins. Sad, sad times...

      DennyK

    2. Re:huh? by grung0r · · Score: 1

      Even personal speech is not protected 100%. Libel, slander, harassment, assault, death threats, etc. are all illegal, and the First Amendment does not protect them. Other things and actions which could be defined as "forms of expression" (I use the term loosely) like child pornography and public nudity can also be made illegal, and are not considered protected.

      These examples IMO fall under don't yell fire in a crowded theater. I.E, very spefic rules for speach that is limited for the common good of the people. As for commercial vs. personal, well, depite what the law says, corporations aren't people. The same law should clearly be more restricive on them. I'm splitting hairs though, I think we agree 100%. You just said it better.

    3. Re:huh? by Lil'wombat · · Score: 1

      As for the whole IP market...what all of this boils down to is that companies who make their living "selling" intellectual property are losing their control over the distribution. The trouble is, almost all IP is abstract. It's just a bunch of ideas
      Absolutely! Which is why the patent office (back in the good old days before software and business method patents) required that your invention be reduced to practice. If your idea couldn't be made into a thing, then it was just an idea and anyone could take it.

      --

      Truth: If it's not one thing, it's another

    4. Re:huh? by Anonymous Coward · · Score: 0

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      It doesn't say anything about different levels, or that you can't slander, or even yell fire in a theatre. It says no law. That people accept any of these unconstitutional laws, is why these issues continue to crop up.

    5. Re:huh? by rixkix · · Score: 1

      What, and stop playing pretend? Everyone knows the Constitution doesn't get taken literally. Its very strictness is taken as a license to ignore it whenever convenient.

    6. Re:huh? by Xader+Vartec · · Score: 1

      Thank you for your insight. It is well thought out and expressed. However . . .

      I am very much more pessimistic than you. You state that you don't think they will win in the end. I fear that they will.

      If we take predictions in Sci-Fi literature from over ten years ago they point to the peoples biggest oppressor being not the government but large corporations who have been given practical control of the peoples by the government. The trends of these literatures have been followed these predictions more than they have deviated.

      Saying that they will win in the end makes me think of England just before the settlers came to America. Surely at the time the people said "How can the government dictate what my religious beliefs are or how I choose to worship." But they did. In the same way I can imagine the settlers of the new world saying "How can every piece of paper that I used be taxed and taxed again?" But it was. In the same way we are saying "How can thought stuff, ideas and numbers be so controlled by the government?"

      One of the keys of escaping the previous problems was "The New World". The protestants left to go to the new world. The settlers rebeled and formed their own government (and I would not underestimate the added advantage of the land being so far away from mother England).

      But where are we to go now? Under they sea? In space? In the virtual world of computers and networks? None of these are currently viable options. Sense, we have no way of escape, and open rebellion appears dubious at best, I can EASILY see how the government can empower the corporations to stop our exchange of information. Just as mother England put unreasonable taxes and countries in europe dictated how and what religion everyone must follow.

      I hope with you but fear the worst.

    7. Re:huh? by DennyK · · Score: 2

      Well...when I said "in the end," I was thinking of the really big picture. The technology to do this is out there, and it would be very difficult for even the megacorps and the government to make it vanish entirely. I, too, can easily see how the government could become as oppressive as you say...but even if they do, it's very unlikely that such a regime would last forever, or encompass the entire human race. Our lives may well suck, and maybe the lives of our children, but the technology to exchange information will probably survive somewhere, somehow, and will eventually be put to use when the current regime fails, or when those who dislike it do indeed find somewhere else to go.

      The corporations are doing their best to retard our development of information distribution, or even set us back several years, and they may succeed for a while, unfortunatly. But eventually, every regime changes, or falls, or loses some of its subjects to a "New World", wherever that may be. Sadly, that doesn't neccesarily help those of us in the here and now...

      DennyK

    8. Re:huh? by mamba-mamba · · Score: 2, Informative

      Yes, different types of speech are protected differently. Some things are deemed to have expressive value while also having a non-expresive component. I figured this out by reading legal briefs and court judgments.

      There is a concept of something called "pure speech" which would probably encompass any written or recorded form of human language, but not necessarily computer code. Pure speech is the most protected form of speech, and the courts usually view political expression as the most important form of pure speech. Things like paintings are highly expressive, also, but probably not considered "pure speech." Gun shows have been defended on the basis of free speech. The idea is that gun shows have some expressive value, but they are certainly not pure speech. Burning the US flag is a political statement which has been ruled to be protected by the first ammendment. In the Viet Nam war era, a case arose where someone was arrested for wearing a shirt that said "Fuck the draft" into a court. Eventually it was ruled that this was protected expression.

      Another important concept in free speech cases is whether a plaintiff's request seeks to impose a prior restraint. A prior restraint, for example, would be a case where a plaitiff tries to get a court to issue an injunction ahead of time to block the publication of some material. The courts take a VERY dim view of prior restraint on pure speech. On the other hand, libel and slander laws merely seek to hold speakers acountable AFTER they speak, and this doesn't run afoul of the first ammendment.

      Believe it or not, judges are NOT idiots, and free speech is a concept they tend to understand fairly well. They may not always be technologically up to date, of course.

      MM
      --

      --
      By including this sig, the copyright holders of this work or collection unreservedly place it in the public domain.
  33. Making an example? by dirvish · · Score: 1

    How come the large software companies get away with stealing stuff all the time but when a little Russian company like Elcomsoft does something people go ape shit and try to throw them in prison. If someone like Microsoft would have done something similar to this (they have) they would have just gotten a slap on the wrist (a fine...meaningless to a rich software company). You don't see anyone trying to throw Bill in prison like they did to Dmitry Sklyarov

    1. Re:Making an example? by mpe · · Score: 2

      How come the large software companies get away with stealing stuff all the time but when a little Russian company like Elcomsoft does something people go ape shit and try to throw them in prison.

      Except they didn't throw the company in jail they (illegaly) threw an employee, who wasn't even on the sales staff, in jail.

      You don't see anyone trying to throw Bill in prison like they did to Dmitry Sklyarov.

      It would make far more sense to jail Mr Gates over the conduct of Microsoft. Since he is an executive director, who has control over what the organisation does. AFAIK Mr Sklyarov did not set Elcomsoft's sales policy.

    2. Re:Making an example? by Anonymous Coward · · Score: 0

      How come the large software companies get away with stealing stuff all the time .....

      Because the US doesn't tax the Russian company.

      Remember, the USA stopped being a democracy long ago, its a purely capitalist government now.

  34. There are two sides to every story... by Anonymous Coward · · Score: -1, Offtopic
    and there are two sides to the story of the Censorware Project.

    Sig: What REALLY Happened to the Censorware Project

  35. hah by espilce · · Score: 1

    US Supreme court: Elcomsoft! get your ass over here so we can prosecute you under our absurd new corporate-sponsored law!

    Elcomsoft (from Moscow, making spitting noise with tongue): ppbthhpthhhh!!! I wave my private parts in your general direction, you filthy American Knnnnnnniggits!!

    US: but if we don't do something Adobe will have our asses! If we piss them off, that means no more campaign donations or free anal beads!

    Elcomsoft (still in Moscow): Your mother was a hamster and your father smelt of elderberries! etc. etc.

    Seriously, would it be possible for Elcomsoft to just tell the US to piss off. I mean all this is is a corporation crying to mommy because their customers don't like their restrictive and unfriendly business tactics. Boo-fucking-hoo, go suck a dick Adobe. Either way what jurisdiction does the U.S. have over companies in Russia where the DMCA (thankfully) does not exist?

    The saddest part of it all is that we'll never see any Elcomsoft employees at Defcon again, and I missed Dmitri's seminar....

    --
    :q!
    1. Re:hah by cc_pirate · · Score: 1


      Isn't his name Skylarov?

      I mean, if he ever wants to get out of jail, Elcomsoft doesn't really have a choice but to defend itself.

      Besides, given the state of the Russian police, the FBI could just buy them off with a few bulletproof vests and they'd have every Elcomsoft employee on a plane to NYC in 8 hours.

      --

      "There are laws that enslave men, and laws that set them free. " - Sean Connery as King Arthur

  36. There are two sides to every story... by Anonymous Coward · · Score: -1, Offtopic
    and there are two sides to the story of the Censorware Project.

    Sig: What REALLY Happened to the Censorware Project

  37. Reminds me of a Soviet-era political joke... by Pahan · · Score: 1

    I think it's from the Kruschev or Brezhnev era.

    A man comes to a consulting lawyer. The following conversation takes place:

    MAN: I need to know, by the law, do I have the right to...
    LAWYER: (interrupting) Yes, you do.
    MAN: But I didn't tell you what it was yet. Do I have the right...
    LAWYER: (interrupting) Yes, you do.
    MAN: If you keep interrupting, how can I ask you?! So by the law, can I, or can't I...
    LAWYER: (interrupting) No, you can't.

  38. Virii and Worms are now Free Speech by foniksonik · · Score: 1

    Not that I like people who create virii or worms more than the average person, but all of a sudden I just can't help but see that they too are only expressing themselves.

    If only 'they' would create benign virii and worms that would only attack evil monopolistic instutions and leave the rest of us alone... ;-p

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
    1. Re:Virii and Worms are now Free Speech by AngryAndDrunk · · Score: 1

      The source to the viruses and worms is a form of speech, and so should be afforded the same protection.

      Using that source, compiled or interpreted, is not, that is an act of "computer vandalism", if you will, and should be prosecuted appropriately.

  39. Something I just thought of by espilce · · Score: 1

    we often see fairly insightful and eloquently worded posts in response to ludicrous rulings such as this, but how often do you think these judges actually hear stuff like this? Never I bet. All they get is a pat on the back from whatever corp. they are benefitting, and may even believe they are doing a good job. What I propose is that we select the top 10-20 best posts explaining "our" side of the story, and email them to the judge, lawyers, etc. in question. I find myself saddened that all of this talk on slashdot basically goes unnoticed, and it is primarily just "preaching to the choir." by compiling good arguments against this sort of government action, we can actually let them know how a large portion of the US (and the world) feels about these topics. Most people are happy to bitch and complain, but the problem is we aren't directing it to the right people.

    --
    :q!
  40. Clarity... by Anonymous Coward · · Score: 2, Insightful
    Is what is required with this.

    If elcomsoft has a registered business entity in the USA, it can be attacked.

    If they do not have such an entity, then it is thier distributor who has been importing and trafiking in illegal, DCMA violating software. The Distributor hosted it on its server, took money for it and comitted the crimes.

    If the latter is the case, all Elcomsoft has to do is stay in Russia and no one can touch them.

    This should be a serious lesson for all commercial entities that sell or want to sell software to US Persons:

    Use external servers and payment services to sell your software

    do not incorporate in the USA

    do not allow your staff to travel to the USA, for any reason.

    In this way, you can sell your software to Americans, and remain insulated from the American state.

  41. References - copyright, fair use, free speech by Seth+Finkelstein · · Score: 2
    I'd like to point people to some useful references for fair use, copyright, digital issues.

    Free speech vs. Copyright:

    Freedom Of Speech And Injunctions In Intellectual Property Cases (Mark A. Lemley, Eugene Volokh)

    Fair Use in terms of First Amendment:

    Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings Of Fair Use Remain An Open Question

    General Digital Copyright:

    Selected Papers by Pamela Samuelson

    These are good background to understand the concepts. Don't believe everything you read on Slashdot (though this sentence is one of the things you should believe :-) ).

    Sig: What Happened To The Censorware Project (censorware.org)

    1. Re:References - copyright, fair use, free speech by BluSkreen · · Score: 0, Offtopic

      Seth, they fuck boys like you in prison....

      Think about that....

  42. huge potential for appeal by unsinged+int · · Score: 1

    That post making the analogy to gagging someone and then claiming not to have significantly impaired their free speech was right on target. It sounds already as if this judge has made his mind up, so they might as well start preparing their documents for the appeal.

    I think the grounds will be that you cannot give someone a right and then prevent them from exercising that right, no matter if you significantly impair them or just annoy them. I mean, what if you were given the right to vote and then told you could only do so by travelling to your state's capital city? Technically you aren't being denied your right to vote, but for all practical purposes you are because it would be a huge inconvenience. I could see this going to the supreme court very easily, but what they'll do with it is anyone's guess.

    1. Re:huge potential for appeal by foniksonik · · Score: 1

      You make a great point about the voting process... black americans faced this point precisely when given the right to vote but then 'gagged' when attempting to exercise it.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
  43. A better option by Arker · · Score: 2

    There's no need to go to the NYT for this story (or any of the other stories linked here that I can remember.) NYT doesn't have a monopoly on reprinting Reuters feeds. Try Yahoo for instance.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  44. I have every damn cable channel by Anonymous Coward · · Score: 0

    but there is nothing on. I am so bored I thought i would post my pathetic thoughts.

    1. Re:I have every damn cable channel by Anonymous Coward · · Score: 0

      however, i am tuning my labtob while i watch nothing. made some significant improvements with hdparm.

    2. Re:I have every damn cable channel by Anonymous Coward · · Score: 0

      hdparm -X66 -d1 -u1 -m16 -c3 /dev/hda

  45. What about 'Fair Use' for the Handicapped? by foniksonik · · Score: 1

    "Moscow-based ElcomSoft briefly sold a computer program over the Internet last year that allowed people using Adobe Systems Inc.'s (ADBE.O) eBook Reader to circumvent copyright protections so they could copy and print digital books, as well as transfer them to other computers and have the computer read them aloud."
    I wonder if the dBook reader allows for 'Accessibillity' in that it includes a way to have the books 'read.. aloud'.
    If not, this would be a very nice point to bring up in the trial. If Adobe hasn't provided a way for vision impaired individuals to access these eBooks they may be in for a rude awakening. Where are the laws on this? Anyone know what the current status is for 'Fair Access'?

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
  46. Any suggestions? by Anonymous Coward · · Score: -1, Offtopic

    [root@vaio root]# more /var/log/boot.log | grep '8 23:'
    May 8 23:07:01 vaio syslog: syslogd startup succeeded
    May 8 23:07:01 vaio syslog: klogd startup succeeded
    May 8 23:07:02 vaio keytable: Loading keymap: succeeded
    May 8 23:07:02 vaio keytable: Loading system font: succeeded
    May 8 23:07:02 vaiqo random: Initializing random number generator: succeeded
    May 8 23:06:45 vaio rc.sysinit: Mounting proc filesystem: succeeded
    May 8 23:06:45 vaio sysctl: net.ipv4.ip_forward = 0
    May 8 23:06:45 vaio sysctl: net.ipv4.conf.default.rp_filter = 1
    May 8 23:06:45 vaio sysctl: kernel.sysrq = 0
    May 8 23:07:03 vaio autofs: automount startup succeeded
    May 8 23:06:45 vaio rc.sysinit: Configuring kernel parameters: succeeded
    May 8 23:06:45 vaio date: Wed May 8 23:06:38 PDT 2002
    May 8 23:06:45 vaio rc.sysinit: Setting clock (localtime): Wed May 8 23:06:38 PDT 2002 succeeded
    May 8 23:06:45 vaio rc.sysinit: Loading default keymap succeeded
    May 8 23:06:45 vaio rc.sysinit: Setting default font (lat0-sun16): succeeded
    May 8 23:06:45 vaio rc.sysinit: Activating swap partitions: succeeded
    May 8 23:06:45 vaio rc.sysinit: Setting hostname vaio: succeeded
    May 8 23:06:45 vaio rc.sysinit: Mounting USB filesystem: succeeded
    May 8 23:07:04 vaio pcmcia: Starting PCMCIA services:
    May 8 23:06:45 vaio rc.sysinit: Initializing USB controller (usb-uhci): succeeded
    May 8 23:06:45 vaio fsck: /: clean, 17480/64256 files, 73530/257008 blocks
    May 8 23:06:45 vaio rc.sysinit: Checking root filesystem succeeded
    May 8 23:07:04 vaio pcmcia: modules
    May 8 23:06:45 vaio rc.sysinit: Remounting root filesystem in read-write mode: succeeded
    May 8 23:06:48 vaio rc.sysinit: Finding module dependencies: succeeded
    May 8 23:06:52 vaio fsck: /usr: clean, 83056/640000 files, 585897/1279530 blocks
    May 8 23:06:52 vaio fsck: /var: clean, 193/111760 files, 34627/446008 blocks
    May 8 23:06:52 vaio rc.sysinit: Checking filesystems succeeded
    May 8 23:06:53 vaio rc.sysinit: Mounting local filesystems: succeeded
    May 8 23:06:53 vaio rc.sysinit: Enabling local filesystem quotas: succeeded
    May 8 23:06:54 vaio rc.sysinit: Enabling swap space: succeeded
    May 8 23:06:57 vaio sysctl: net.ipv4.ip_forward = 0
    May 8 23:06:57 vaio sysctl: net.ipv4.conf.default.rp_filter = 1
    May 8 23:06:57 vaio sysctl: kernel.sysrq = 0
    May 8 23:06:57 vaio network: Setting network parameters: succeeded
    May 8 23:07:05 vaio pcmcia: cardmgr.
    May 8 23:06:58 vaio network: Bringing up interface lo: succeeded
    May 8 23:07:06 vaio rc: Starting pcmcia: succeeded
    May 8 23:07:01 vaio network: Bringing up interface eth0: succeeded
    May 8 23:07:10 vaio xinetd: xinetd startup succeeded
    May 8 23:07:10 vaio gpm: gpm startup succeeded
    May 8 23:07:11 vaio crond: crond startup succeeded
    May 8 23:07:12 vaio xfs: xfs startup succeeded
    May 8 23:07:13 vaio anacron: anacron startup succeeded
    May 8 23:07:13 vaio atd: atd startup succeeded
    May 8 23:47:52 vaio atd: atd shutdown succeeded
    May 8 23:47:52 vaio xfs: xfs shutdown succeeded
    May 8 23:47:52 vaio gpm: gpm shutdown failed
    May 8 23:47:52 vaio xinetd: xinetd shutdown succeeded
    May 8 23:47:53 vaio crond: crond shutdown succeeded
    May 8 23:47:53 vaio dd: 1+0 records in
    May 8 23:47:53 vaio dd: 1+0 records out
    May 8 23:47:53 vaio random: Saving random seed: succeeded
    May 8 23:47:54 vaio syslog: klogd shutdown succeeded
    May 8 23:49:06 vaio syslog: syslogd startup succeeded
    May 8 23:49:06 vaio syslog: klogd startup succeeded
    May 8 23:49:07 vaio keytable: Loading keymap: succeeded
    May 8 23:49:07 vaio keytable: Loading system font: succeeded
    May 8 23:49:07 vaio random: Initializing random number generator: succeeded
    May 8 23:48:50 vaio rc.sysinit: Mounting proc filesystem: succeeded
    May 8 23:48:50 vaio sysctl: net.ipv4.ip_forward = 0
    May 8 23:48:50 vaio sysctl: net.ipv4.conf.default.rp_filter = 1
    May 8 23:49:08 vaio autofs: automount startup succeeded
    May 8 23:48:50 vaio sysctl: kernel.sysrq = 0
    May 8 23:48:50 vaio rc.sysinit: Configuring kernel parameters: succeeded
    May 8 23:48:50 vaio date: Wed May 8 23:48:43 PDT 2002
    May 8 23:48:50 vaio rc.sysinit: Setting clock (localtime): Wed May 8 23:48:43 PDT 2002 succeeded
    May 8 23:48:50 vaio rc.sysinit: Loading default keymap succeeded
    May 8 23:48:50 vaio rc.sysinit: Setting default font (lat0-sun16): succeeded
    May 8 23:48:50 vaio rc.sysinit: Activating swap partitions: succeeded
    May 8 23:48:50 vaio rc.sysinit: Setting hostname vaio: succeeded
    May 8 23:48:50 vaio rc.sysinit: Mounting USB filesystem: succeeded
    May 8 23:48:50 vaio rc.sysinit: Initializing USB controller (usb-uhci): succeeded
    May 8 23:49:09 vaio pcmcia: Starting PCMCIA services:
    May 8 23:48:50 vaio fsck: /: clean, 17680/64256 files, 74409/257008 blocks
    May 8 23:48:50 vaio rc.sysinit: Checking root filesystem succeeded
    May 8 23:49:09 vaio pcmcia: modules
    May 8 23:48:50 vaio rc.sysinit: Remounting root filesystem in read-write mode: succeeded
    May 8 23:48ting pcmcia: succeeded
    May 8 23:49:06 vaio network: Bringing up interface eth0: succeeded
    May 8 23:49:11 vaio gpm: gpm startup succeeded
    May 8 23:49:12 vaio crond: cr:53 vaio rc.sysinit: Finding module dependencies: succeeded
    May 8 23:48:57 vaio fsck: /usr: clean, 83056/640000 files, 585897/1279530 blocks
    May 8 23:48:57 vaio fsck: /var: clean, 194/111760 files, 34672/446008 blocks
    May 8 23:48:57 vaio rc.sysinit: Checking filesystems succeeded
    May 8 23:48:58 vaio rc.sysinit: Mounting local filesystems: succeeded
    May 8 23:48:58 vaio rc.sysinit: Enabling local filesystem quotas: succeeded
    May 8 23:48:59 vaio rc.sysinit: Enabling swap space: succeeded
    May 8 23:49:02 vaio sysctl: net.ipv4.ip_forward = 0
    May 8 23:49:02 vaio sysctl: net.ipv4.conf.default.rp_filter = 1
    May 8 23:49:02 vaio sysctl: kernel.sysrq = 0
    May 8 23:49:10 vaio pcmcia: cardmgr.
    May 8 23:49:02 vaio network: Setting network parameters: succeeded
    May 8 23:49:03 vaio network: Bringing up interface lo: succeeded
    May 8 23:49:10 vaio rc: Starond startup succeeded
    May 8 23:49:15 vaio xfs: xfs startup succeeded
    May 8 23:49:15 vaio anacron: anacron startup succeeded
    May 8 23:49:15 vaio atd: atd startup succeeded

  47. Actually... by Anonymous Coward · · Score: -1, Offtopic
    there are three sides to the story of the Censorware Project.

    Sig: What REALLY Happened to the Censorware Project

  48. here's my dmesg by Anonymous Coward · · Score: -1, Offtopic

    Linux version 2.4.7-10 (bhcompile@stripples.devel.redhat.com) (gcc version 2.96 20000731 (Red Hat Linux 7.1 2.96-98)) #1 Thu Sep 6 17:27:27 EDT 2001 BIOS-provided physical RAM map: BIOS-e820: 0000000000000000 - 000000000009f800 (usable) BIOS-e820: 000000000009f800 - 00000000000a0000 (reserved) BIOS-e820: 00000000000e7800 - 0000000000100000 (reserved) BIOS-e820: 0000000000100000 - 000000000bff0000 (usable) BIOS-e820: 000000000bff0000 - 000000000bfffc00 (ACPI data) BIOS-e820: 000000000bfffc00 - 000000000c000000 (ACPI NVS) BIOS-e820: 00000000fffe7800 - 0000000100000000 (reserved) Scanning bios EBDA for MXT signature On node 0 totalpages: 49136 zone(0): 4096 pages. zone(1): 45040 pages. zone(2): 0 pages. Kernel command line: ro root=/dev/hda1 Initializing CPU#0 Detected 364.745 MHz processor. Console: colour VGA+ 80x25 Calibrating delay loop... 727.44 BogoMIPS Memory: 189456k/196544k available (1269k kernel code, 5288k reserved, 90k data, 220k init, 0k highmem) Dentry-cache hash table entries: 32768 (order: 6, 262144 bytes) Inode-cache hash table entries: 16384 (order: 5, 131072 bytes) Mount-cache hash table entries: 4096 (order: 3, 32768 bytes) Buffer-cache hash table entries: 8192 (order: 3, 32768 bytes) Page-cache hash table entries: 65536 (order: 7, 524288 bytes) CPU: Before vendor init, caps: 0183f9ff 00000000 00000000, vendor = 0 CPU: L1 I cache: 16K, L1 D cache: 16K CPU: L2 cache: 256K Intel machine check architecture supported. Intel machine check reporting enabled on CPU#0. CPU: After vendor init, caps: 0183f9ff 00000000 00000000 00000000 CPU: After generic, caps: 0183f9ff 00000000 00000000 00000000 CPU: Common caps: 0183f9ff 00000000 00000000 00000000 CPU: Intel Mobile Pentium II stepping 0a Enabling fast FPU save and restore... done. Checking 'hlt' instruction... OK. POSIX conformance testing by UNIFIX mtrr: v1.40 (20010327) Richard Gooch (rgooch@atnf.csiro.au) mtrr: detected mtrr type: Intel PCI: PCI BIOS revision 2.10 entry at 0xfd9d4, last bus=0 PCI: Using configuration type 1 PCI: Probing PCI hardware PCI: Using IRQ router PIIX [8086/7110] at 00:07.0 PCI: Found IRQ 9 for device 00:0a.0 PCI: Sharing IRQ 9 with 00:08.1 PCI: Found IRQ 9 for device 00:0b.0 PCI: Sharing IRQ 9 with 00:06.0 PCI: Sharing IRQ 9 with 00:08.0 Limiting direct PCI/PCI transfers. isapnp: Scanning for PnP cards... isapnp: No Plug & Play device found Linux NET4.0 for Linux 2.4 Based upon Swansea University Computer Society NET3.039 Initializing RT netlink socket apm: BIOS version 1.2 Flags 0x03 (Driver version 1.14) mxt_scan_bios: enter Starting kswapd v1.8 VFS: Diskquotas version dquot_6.5.0 initialized pty: 2048 Unix98 ptys configured Serial driver version 5.05c (2001-07-08) with MANY_PORTS MULTIPORT SHARE_IRQ SERIAL_PCI ISAPNP enabled ttyS00 at 0x03f8 (irq = 4) is a 16550A ttyS02 at 0x03e8 (irq = 4) is a 16550A Real Time Clock Driver v1.10d block: queued sectors max/low 125616kB/41872kB, 384 slots per queue RAMDISK driver initialized: 16 RAM disks of 4096K size 1024 blocksize Uniform Multi-Platform E-IDE driver Revision: 6.31 ide: Assuming 33MHz PCI bus speed for PIO modes; override with idebus=xx PIIX4: IDE controller on PCI bus 00 dev 39 PIIX4: chipset revision 1 PIIX4: not 100% native mode: will probe irqs later ide0: BM-DMA at 0xfcb0-0xfcb7, BIOS settings: hda:DMA, hdb:pio ide1: BM-DMA at 0xfcb8-0xfcbf, BIOS settings: hdc:pio, hdd:pio hda: TOSHIBA MK6412MAT, ATA DISK drive hdc: MEMORYSTICK 4M 8K, ATA DISK drive ide2: ports already in use, skipping probe ide0 at 0x1f0-0x1f7,0x3f6 on irq 14 ide1 at 0x170-0x177,0x376 on irq 15 hda: 12685680 sectors (6495 MB), CHS=839/240/63, UDMA(33) hdc: 7904 sectors (4 MB) w/1KiB Cache, CHS=247/2/16, DMA ide-floppy driver 0.97 Partition check: hda: hda1 hda2 hda3 hda4 hdc:hdc: dma_intr: status=0x51 { DriveReady SeekComplete Error } hdc: dma_intr: error=0x04 { DriveStatusError } hdc: dma_intr: status=0x51 { DriveReady SeekComplete Error } hdc: dma_intr: error=0x04 { DriveStatusError } hdc: dma_intr: status=0x51 { DriveReady SeekComplete Error } hdc: dma_intr: error=0x04 { DriveStatusError } hdc: dma_intr: status=0x51 { DriveReady SeekComplete Error } hdc: dma_intr: error=0x04 { DriveStatusError } hdc: DMA disabled ide1: reset: success hdc: read_intr: status=0x51 { DriveReady SeekComplete Error } hdc: read_intr: error=0x04 { DriveStatusError } hdc: read_intr: status=0x51 { DriveReady SeekComplete Error } hdc: read_intr: error=0x04 { DriveStatusError } hdc: read_intr: status=0x51 { DriveReady SeekComplete Error } hdc: read_intr: error=0x04 { DriveStatusError } hdc: read_intr: status=0x51 { DriveReady SeekComplete Error } hdc: read_intr: error=0x04 { DriveStatusError } ide1: reset: success hdc: read_intr: status=0x51 { DriveReady SeekComplete Error } hdc: read_intr: error=0x04 { DriveStatusError } end_request: I/O error, dev 16:00 (hdc), sector 0 unable to read partition table Floppy drive(s): fd0 is unknown type 12 (usb?), fd1 is 2.88M AMI BIOS floppy0: no floppy controllers found ide-floppy driver 0.97 md: md driver 0.90.0 MAX_MD_DEVS=256, MD_SB_DISKS=27 md: Autodetecting RAID arrays. md: autorun ... md: ... autorun DONE. NET4: Linux TCP/IP 1.0 for NET4.0 IP Protocols: ICMP, UDP, TCP, IGMP IP: routing cache hash table of 1024 buckets, 8Kbytes TCP: Hash tables configured (established 16384 bind 16384) Linux IP multicast router 0.06 plus PIM-SM NET4: Unix domain sockets 1.0/SMP for Linux NET4.0. VFS: Mounted root (ext2 filesystem) readonly. Freeing unused kernel memory: 220k freed Adding Swap: 521632k swap-space (priority -1) usb.c: registered new driver usbdevfs usb.c: registered new driver hub usb-uhci.c: $Revision: 1.259 $ time 17:36:49 Sep 6 2001 usb-uhci.c: High bandwidth mode enabled PCI: Found IRQ 9 for device 00:07.2 usb-uhci.c: USB UHCI at I/O 0xfc60, IRQ 9 usb-uhci.c: Detected 2 ports usb.c: new USB bus registered, assigned bus number 1 hub.c: USB hub found hub.c: 2 ports detected usb-uhci.c: v1.251:USB Universal Host Controller Interface driver NET4: Linux IPX 0.47 for NET4.0 IPX Portions Copyright (c) 1995 Caldera, Inc. IPX Portions Copyright (c) 2000, 2001 Conectiva, Inc. NET4: AppleTalk 0.18a for Linux NET4.0 eepro100.c:v1.09j-t 9/29/99 Donald Becker http://cesdis.gsfc.nasa.gov/linux/drivers/eepro100 . tml eepro100.c: $Revision: 1.36 $ 2000/11/17 Modified by Andrey V. Savochkin and others PCI: Found IRQ 9 for device 00:06.0 PCI: Sharing IRQ 9 with 00:08.0 PCI: Sharing IRQ 9 with 00:0b.0 eth0: OEM i82557/i82558 10/100 Ethernet, 08:00:46:05:8B:3C, IRQ 9. Receiver lock-up bug exists -- enabling work-around. Board assembly 100001-001, Physical connectors present: RJ45 Primary interface chip i82555 PHY #1. General self-test: passed. Serial sub-system self-test: passed. Internal registers self-test: passed. ROM checksum self-test: passed (0x04f4518b). Receiver lock-up workaround activated. Linux Kernel Card Services 3.1.22 options: [pci] [cardbus] [pm] PCI: Found IRQ 9 for device 00:0a.0 PCI: Sharing IRQ 9 with 00:08.1 Yenta IRQ list 0cb8, PCI irq9 Socket status: 30000206 cs: IO port probe 0x0c00-0x0cff: clean. cs: IO port probe 0x0100-0x04ff: excluding 0x140-0x147 0x378-0x37f 0x4d0-0x4d7 cs: IO port probe 0x0a00-0x0aff: clean.

  49. Kill some jews by Ralph+JewHater+Nader · · Score: -1
    --

  50. now i am pretty much crap flooding by Anonymous Coward · · Score: -1, Offtopic

    May 8 23:49:02 vaio sysctl: net.ipv4.conf.default.rp_filter = 1
    May 8 23:49:10 vaio kernel: hdc: dma_intr: status=0x51 { DriveReady SeekComplete Error }
    May 8 23:49:02 vaio sysctl: kernel.sysrq = 0
    May 8 23:49:10 vaio kernel: hdc: dma_intr: error=0x04 { DriveStatusError }
    May 8 23:49:10 vaio pcmcia: cardmgr.
    May 8 23:49:02 vaio network: Setting network parameters: succeeded
    May 8 23:49:10 vaio kernel: hdc: DMA disabled
    May 8 23:49:03 vaio network: Bringing up interface lo: succeeded
    May 8 23:49:10 vaio kernel: ide1: reset: success
    May 8 23:49:10 vaio cardmgr[624]: starting, version is 3.1.22
    May 8 23:49:10 vaio rc: Starting pcmcia: succeeded
    May 8 23:49:06 vaio network: Bringing up interface eth0: succeeded
    May 8 23:49:10 vaio kernel: hdc: read_intr: status=0x51 { DriveReady SeekComplete Error }
    May 8 23:49:11 vaio kernel: hdc: read_intr: error=0x04 { DriveStatusError }
    May 8 23:49:11 vaio kernel: hdc: read_intr: status=0x51 { DriveReady SeekComplete Error }
    May 8 23:49:11 vaio kernel: hdc: read_intr: error=0x04 { DriveStatusError }
    May 8 23:49:11 vaio kernel: hdc: read_intr: status=0x51 { DriveReady SeekComplete Error }
    May 8 23:49:11 vaio kernel: hdc: read_intr: error=0x04 { DriveStatusError }
    May 8 23:49:11 vaio cardmgr[624]: config error, file './config.opts' line 8: no function bindings
    May 8 23:49:11 vaio kernel: hdc: read_intr: status=0x51 { DriveReady SeekComplete Error }
    May 8 23:49:11 vaio kernel: hdc: read_intr: error=0x04 { DriveStatusError }
    May 8 23:49:11 vaio gpm: gpm startup succeeded
    May 8 23:49:11 vaio kernel: ide1: reset: success
    May 8 23:49:11 vaio cardmgr[624]: watching 1 sockets
    May 8 23:49:11 vaio kernel: hdc: read_intr: status=0x51 { DriveReady SeekComplete Error }
    May 8 23:49:11 vaio modprobe: modprobe: Can't locate module char-major-13
    May 8 23:49:11 vaio kernel: hdc: read_intr: error=0x04 { DriveStatusError }
    May 8 23:49:11 vaio gpm[642]: oops() invoked from gpm.c(978)
    May 8 23:49:12 vaio kernel: end_request: I/O error, dev 16:00 (hdc), sector 0
    May 8 23:49:12 vaio gpm[642]: /dev/mouse: No such device
    May 8 23:49:12 vaio kernel: unable to read partition table
    May 8 23:49:12 vaio kernel: Floppy drive(s): fd0 is unknown type 12 (usb?), fd1 is 2.88M AMI BIOS
    May 8 23:49:12 vaio kernel: floppy0: no floppy controllers found
    May 8 23:49:12 vaio kernel: ide-floppy driver 0.97
    May 8 23:49:12 vaio kernel: md: md driver 0.90.0 MAX_MD_DEVS=256, MD_SB_DISKS=27
    May 8 23:49:12 vaio kernel: md: Autodetecting RAID arrays.
    May 8 23:49:12 vaio kernel: md: autorun ...
    May 8 23:49:12 vaio kernel: md: ... autorun DONE.
    May 8 23:49:12 vaio kernel: NET4: Linux TCP/IP 1.0 for NET4.0
    May 8 23:49:12 vaio kernel: IP Protocols: ICMP, UDP, TCP, IGMP
    May 8 23:49:12 vaio kernel: IP: routing cache hash table of 1024 buckets, 8Kbytes
    May 8 23:49:12 vaio kernel: TCP: Hash tables configured (established 16384 bind 16384)
    May 8 23:49:12 vaio kernel: Linux IP multicast router 0.06 plus PIM-SM
    May 8 23:49:12 vaio kernel: NET4: Unix domain sockets 1.0/SMP for Linux NET4.0.
    May 8 23:49:12 vaio kernel: VFS: Mounted root (ext2 filesystem) readonly.
    May 8 23:49:12 vaio kernel: Freeing unused kernel memory: 220k freed
    May 8 23:49:12 vaio kernel: Adding Swap: 521632k swap-space (priority -1)
    May 8 23:49:12 vaio kernel: usb.c: registered new driver usbdevfs
    May 8 23:49:12 vaio kernel: usb.c: registered new driver hub
    May 8 23:49:12 vaio kernel: usb-uhci.c: $Revision: 1.259 $ time 17:36:49 Sep 6 2001
    May 8 23:49:12 vaio kernel: usb-uhci.c: High bandwidth mode enabled
    May 8 23:49:12 vaio kernel: PCI: Found IRQ 9 for device 00:07.2
    May 8 23:49:12 vaio kernel: usb-uhci.c: USB UHCI at I/O 0xfc60, IRQ 9
    May 8 23:49:12 vaio kernel: usb-uhci.c: Detected 2 ports
    May 8 23:49:12 vaio kernel: usb.c: new USB bus registered, assigned bus number 1
    May 8 23:49:12 vaio kernel: hub.c: USB hub found
    May 8 23:49:12 vaio kernel: hub.c: 2 ports detected
    May 8 23:49:12 vaio kernel: usb-uhci.c: v1.251:USB Universal Host Controller Interface driver
    May 8 23:49:12 vaio kernel: NET4: Linux IPX 0.47 for NET4.0
    May 8 23:49:12 vaio kernel: IPX Portions Copyright (c) 1995 Caldera, Inc.
    May 8 23:49:12 vaio kernel: IPX Portions Copyright (c) 2000, 2001 Conectiva, Inc.
    May 8 23:49:12 vaio crond: crond startup succeeded
    May 8 23:49:12 vaio kernel: NET4: AppleTalk 0.18a for Linux NET4.0
    May 8 23:49:12 vaio kernel: eepro100.c:v1.09j-t 9/29/99 Donald Becker http://cesdis.gsfc.nasa.gov/linux/drivers/eepro100 . tml
    May 8 23:49:12 vaio kernel: eepro100.c: $Revision: 1.36 $ 2000/11/17 Modified by Andrey V. Savochkin and others
    May 8 23:49:12 vaio kernel: PCI: Found IRQ 9 for device 00:06.0
    May 8 23:49:12 vaio kernel: PCI: Sharing IRQ 9 with 00:08.0
    May 8 23:49:12 vaio kernel: PCI: Sharing IRQ 9 with 00:0b.0
    May 8 23:49:12 vaio kernel: eth0: OEM i82557/i82558 10/100 Ethernet, 08:00:46:05:8B:3C, IRQ 9.
    May 8 23:49:12 vaio kernel: Receiver lock-up bug exists -- enabling work-around.
    May 8 23:49:12 vaio kernel: Board assembly 100001-001, Physical connectors present: RJ45
    May 8 23:49:12 vaio kernel: Primary interface chip i82555 PHY #1.
    May 8 23:49:12 vaio kernel: General self-test: passed.
    May 8 23:49:12 vaio kernel: Serial sub-system self-test: passed.
    May 8 23:49:12 vaio kernel: Internal registers self-test: passed.
    May 8 23:49:12 vaio kernel: ROM checksum self-test: passed (0x04f4518b).
    May 8 23:49:12 vaio kernel: Receiver lock-up workaround activated.
    May 8 23:49:12 vaio kernel: Linux Kernel Card Services 3.1.22
    May 8 23:49:13 vaio kernel: options: [pci] [cardbus] [pm]
    May 8 23:49:13 vaio kernel: PCI: Found IRQ 9 for device 00:0a.0
    May 8 23:49:13 vaio kernel: PCI: Sharing IRQ 9 with 00:08.1
    May 8 23:49:13 vaio kernel: Yenta IRQ list 0cb8, PCI irq9
    May 8 23:49:13 vaio kernel: Socket status: 30000206
    May 8 23:49:13 vaio kernel: cs: IO port probe 0x0c00-0x0cff: clean.
    May 8 23:49:13 vaio kernel: cs: IO port probe 0x0100-0x04ff: excluding 0x140-0x147 0x378-0x37f 0x4d0-0x4d7
    May 8 23:49:13 vaio kernel: cs: IO port probe 0x0a00-0x0aff: clean.
    May 8 23:49:15 vaio xfs: xfs startup succeeded
    May 8 23:49:15 vaio xfs: listening on port 7100
    May 8 23:49:15 vaio anacron: anacron startup succeeded
    May 8 23:49:15 vaio atd: atd startup succeeded
    May 8 23:49:16 vaio xfs: ignoring font path element /usr/X11R6/lib/X11/fonts/cyrillic (unreadable)
    May 8 23:49:16 vaio xfs: ignoring font path element /usr/X11R6/lib/X11/fonts/local (unreadable)
    May 8 23:49:16 vaio xfs: ignoring font path element /usr/share/AbiSuite/fonts (unreadable)
    May 8 23:49:28 vaio login(pam_unix)[754]: session opened for user root by LOGIN(uid=0)
    May 8 23:49:28 vaio -- root[754]: ROOT LOGIN ON tty1
    May 8 23:49:43 vaio modprobe: modprobe: Can't locate module char-major-81
    May 8 23:49:44 vaio modprobe: modprobe: Can't locate module char-major-13
    May 8 23:49:44 vaio modprobe: modprobe: Can't locate module char-major-13
    May 8 23:50:03 vaio modprobe: modprobe: Can't locate module sound-slot-0
    May 8 23:50:03 vaio modprobe: modprobe: Can't locate module sound-service-0-3

  51. There are two sides to every story... by Anonymous Coward · · Score: -1, Offtopic
    and there are two sides to the story of the Censorware Project.

    Sig: What REALLY Happened to the Censorware Project

  52. There are two sides to every story... by Anonymous Coward · · Score: -1, Offtopic
    and there are two sides to the story of the Censorware Project.

    Sig: What REALLY Happened to the Censorware Project

  53. What if... by Anonymous Coward · · Score: 0

    What if we take a copy of windows, and a copy of adobe's stuff... change all the references to Microsoft, Windows or Adobe with a hex editor, encrypt it with our own proprietry encryption and then start selling it...

    They'd never be able to proove it was their code without violating the DCMA.

  54. Some uses are fairer than others. by Jarvo · · Score: 1

    Quoth the poster:

    > The fair user may find it more difficult to
    > engage in certain fair uses with regard to
    > electronic books, but nevertheless, fair use
    > is still available.

    When is 'fair use' not 'fair'? If fair use is not fair use, then perpetrators can be prosecuted. If the judge is admitting that Elcomsoft software falls under fair use, then they shouldn't have a case to answer.

    It seems as though the fair use regulations are going to end up like tax legislation.

    The judge's decision is like saying that in a proper communist society (where all people are "equal"), some people are "more equal" than others.

    (Yes this does happen - athletes, doctors, etc. get a better (more equal) treatment than others in certain communist countries)

  55. Configuring Apache 2.0 by Anonymous Coward · · Score: -1, Offtopic

    checking for chosen layout... Apache checking for working mkdir -p... yes checking build system type... i686-pc-linux-gnu checking host system type... i686-pc-linux-gnu checking target system type... i686-pc-linux-gnu Configuring Apache Portable Runtime library ... configuring package in srclib/apr now checking build system type... i686-pc-linux-gnu checking host system type... i686-pc-linux-gnu checking target system type... i686-pc-linux-gnu Configuring APR library Platform: i686-pc-linux-gnu checking for gcc... gcc checking for C compiler default output... a.out checking whether the C compiler works... yes checking whether we are cross compiling... no checking for suffix of executables... checking for suffix of object files... o checking whether we are using the GNU C compiler... yes checking whether gcc accepts -g... yes Applying APR hints file rules for i686-pc-linux-gnu setting CPPFLAGS to "-DLINUX=2" adding "-D_REENTRANT" to CPPFLAGS (Default will be unix) checking whether make sets ${MAKE}... yes checking how to run the C preprocessor... gcc -E checking for gawk... gawk checking whether ln -s works... yes checking for ranlib... ranlib checking for a BSD-compatible install... /usr/bin/install -c checking for rm... rm checking for as... as checking for cpp... cpp checking for ar... ar checking for AIX... no checking for library containing strerror... none required checking for ANSI C header files... yes checking for sys/types.h... yes checking for sys/stat.h... yes checking for stdlib.h... yes checking for string.h... yes checking for memory.h... yes checking for strings.h... yes checking for inttypes.h... yes checking for stdint.h... yes checking for unistd.h... yes checking minix/config.h usability... no checking minix/config.h presence... no checking for minix/config.h... no checking whether system uses EBCDIC... no performing libtool configuration... checking for ld used by GCC... /usr/bin/ld checking if the linker (/usr/bin/ld) is GNU ld... yes checking for /usr/bin/ld option to reload object files... -r checking for BSD-compatible nm... /usr/bin/nm -B checking how to recognise dependant libraries... pass_all checking command to parse /usr/bin/nm -B output... ok checking dlfcn.h usability... yes checking dlfcn.h presence... yes checking for dlfcn.h... yes checking for ranlib... (cached) ranlib checking for strip... strip checking for objdir... .libs checking for gcc option to produce PIC... -fPIC checking if gcc PIC flag -fPIC works... yes checking if gcc static flag -static works... yes checking if gcc supports -c -o file.o... yes checking if gcc supports -c -o file.lo... yes checking if gcc supports -fno-rtti -fno-exceptions... yes checking whether the linker (/usr/bin/ld) supports shared libraries... yes checking how to hardcode library paths into programs... immediate checking whether stripping libraries is possible... yes checking dynamic linker characteristics... GNU/Linux ld.so checking if libtool supports shared libraries... yes checking whether to build shared libraries... yes checking whether to build static libraries... yes checking whether -lc should be explicitly linked in... no creating libtool Check for compiler flags... checking for res_init in -lresolv... no checking for gethostbyname in -lnsl... yes checking for library containing gethostname... none required checking for socket in -lsocket... no checking for library containing crypt... -lcrypt checking for main in -ltruerand... no checking for iconv in -liconv... no checking for modf in -lm... yes Checking for Threads... checking pthread.h usability... yes checking pthread.h presence... yes checking for pthread.h... yes checking for pthreads_cflags... -pthread checking for pthreads_lib... checking for pthread.h... (cached) yes checking whether pthread_getspecific takes two arguments... no checking whether pthread_attr_getdetachstate takes one argument... no checking for pthread_key_delete... yes checking for pthread_rwlock_init... yes adding "-D_XOPEN_SOURCE=500" to CPPFLAGS adding "-D_BSD_SOURCE" to CPPFLAGS adding "-D_SVID_SOURCE" to CPPFLAGS APR will use threads checking for readdir in -lc_r... no checking for gethostbyname in -lc_r... no checking for gethostbyaddr in -lc_r... no checking for gethostbyname_r... yes checking for gethostbyaddr_r... yes checking for sigsuspend... yes checking for sigwait... yes checking for poll... yes checking for getpwnam_r... yes checking for getpwuid_r... yes checking for getgrnam_r... yes checking for getgrgid_r... yes Checking for Shared Memory Support... checking sys/mman.h usability... yes checking sys/mman.h presence... yes checking for sys/mman.h... yes checking for MAP_ANON in sys/mman.h... yes checking for mmap... yes checking for munmap... yes checking for shm_open... no checking for shm_unlink... no checking for /dev/zero... yes checking sys/ipc.h usability... yes checking sys/ipc.h presence... yes checking for sys/ipc.h... yes checking sys/shm.h usability... yes checking sys/shm.h presence... yes checking for sys/shm.h... yes checking sys/file.h usability... yes checking sys/file.h presence... yes checking for sys/file.h... yes checking for shmget... yes checking for shmat... yes checking for shmdt... yes checking for shmctl... yes checking kernel/OS.h usability... no checking kernel/OS.h presence... no checking for kernel/OS.h... no checking for create_area... no checking os2.h usability... no checking os2.h presence... no checking for os2.h... no decision on anonymous shared memory allocation method... 4.4BSD-style mmap() via MAP_ANON decision on namebased memory allocation method... SysV IPC shmget() checking for calloc... yes checking for strcasecmp... yes checking for stricmp... no checking for setsid... yes checking for nl_langinfo... yes checking for isinf... yes checking for isnan... yes checking for setrlimit... yes checking for getrlimit... yes checking for writev... yes checking for sendfilev in -lsendfile... no checking for sendfile... yes checking for send_file... no checking for sendfilev... no checking for sigaction... yes checking for sys_siglist declaration in signal.h or unistd.h... yes checking for fork... yes checking for getpass... yes checking for inet_addr... yes checking for inet_network... yes checking for _getch... no checking for gmtime_r... yes checking for localtime_r... yes checking for strerror_r... yes checking for type of return code from strerror_r... pointer checking for iconv... yes checking for type of inbuf parameter to iconv... char ** checking for mmap... (cached) yes checking for hstrerror... yes checking for memmove... yes checking for mkstemp... yes checking whether sigwait takes one argument... no checking for ANSI C header files... (cached) yes checking ByteOrder.h usability... no checking ByteOrder.h presence... no checking for ByteOrder.h... no checking conio.h usability... no checking conio.h presence... no checking for conio.h... no checking crypt.h usability... yes checking crypt.h presence... yes checking for crypt.h... yes checking ctype.h usability... yes checking ctype.h presence... yes checking for ctype.h... yes checking dir.h usability... no checking dir.h presence... no checking for dir.h... no checking dirent.h usability... yes checking dirent.h presence... yes checking for dirent.h... yes checking dl.h usability... no checking dl.h presence... no checking for dl.h... no checking for dlfcn.h... (cached) yes checking errno.h usability... yes checking errno.h presence... yes checking for errno.h... yes checking fcntl.h usability... yes checking fcntl.h presence... yes checking for fcntl.h... yes checking grp.h usability... yes checking grp.h presence... yes checking for grp.h... yes checking iconv.h usability... yes checking iconv.h presence... yes checking for iconv.h... yes checking io.h usability... no checking io.h presence... no checking for io.h... no checking langinfo.h usability... yes checking langinfo.h presence... yes checking for langinfo.h... yes checking limits.h usability... yes checking limits.h presence... yes checking for limits.h... yes checking mach-o/dyld.h usability... no checking mach-o/dyld.h presence... no checking for mach-o/dyld.h... no checking malloc.h usability... yes checking malloc.h presence... yes checking for malloc.h... yes checking for memory.h... (cached) yes checking netdb.h usability... yes checking netdb.h presence... yes checking for netdb.h... yes checking osreldate.h usability... no checking osreldate.h presence... no checking for osreldate.h... no checking poll.h usability... yes checking poll.h presence... yes checking for poll.h... yes checking process.h usability... no checking process.h presence... no checking for process.h... no checking pwd.h usability... yes checking pwd.h presence... yes checking for pwd.h... yes checking semaphore.h usability... yes checking semaphore.h presence... yes checking for semaphore.h... yes checking signal.h usability... yes checking signal.h presence... yes checking for signal.h... yes checking stdarg.h usability... yes checking stdarg.h presence... yes checking for stdarg.h... yes checking stddef.h usability... yes checking stddef.h presence... yes checking for stddef.h... yes checking stdio.h usability... yes checking stdio.h presence... yes checking for stdio.h... yes checking for stdlib.h... (cached) yes checking for string.h... (cached) yes checking for strings.h... (cached) yes checking sysapi.h usability... no checking sysapi.h presence... no checking for sysapi.h... no checking sysgtime.h usability... no checking sysgtime.h presence... no checking for sysgtime.h... no checking termios.h usability... yes checking termios.h presence... yes checking for termios.h... yes checking time.h usability... yes checking time.h presence... yes checking for time.h... yes checking tpfeq.h usability... no checking tpfeq.h presence... no checking for tpfeq.h... no checking tpfio.h usability... no checking tpfio.h presence... no checking for tpfio.h... no checking for unistd.h... (cached) yes checking unix.h usability... no checking unix.h presence... no checking for unix.h... no checking arpa/inet.h usability... yes checking arpa/inet.h presence... yes checking for arpa/inet.h... yes checking for kernel/OS.h... (cached) no checking net/errno.h usability... no checking net/errno.h presence... no checking for net/errno.h... no checking netinet/in.h usability... yes checking netinet/in.h presence... yes checking for netinet/in.h... yes checking for sys/file.h... (cached) yes checking for sys/mman.h... (cached) yes checking sys/poll.h usability... yes checking sys/poll.h presence... yes checking for sys/poll.h... yes checking sys/resource.h usability... yes checking sys/resource.h presence... yes checking for sys/resource.h... yes checking sys/select.h usability... yes checking sys/select.h presence... yes checking for sys/select.h... yes checking sys/sem.h usability... yes checking sys/sem.h presence... yes checking for sys/sem.h... yes checking sys/sendfile.h usability... yes checking sys/sendfile.h presence... yes checking for sys/sendfile.h... yes checking sys/signal.h usability... yes checking sys/signal.h presence... yes checking for sys/signal.h... yes checking sys/socket.h usability... yes checking sys/socket.h presence... yes checking for sys/socket.h... yes checking for sys/stat.h... (cached) yes checking sys/syslimits.h usability... no checking sys/syslimits.h presence... no checking for sys/syslimits.h... no checking sys/time.h usability... yes checking sys/time.h presence... yes checking for sys/time.h... yes checking for sys/types.h... (cached) yes checking sys/uio.h usability... yes checking sys/uio.h presence... yes checking for sys/uio.h... yes checking sys/un.h usability... yes checking sys/un.h presence... yes checking for sys/un.h... yes checking sys/wait.h usability... yes checking sys/wait.h presence... yes checking for sys/wait.h... yes checking for netinet/tcp.h... yes checking for h_errno in netdb.h... yes checking for off_t... yes checking for pid_t... yes checking for size_t... yes checking for uid_t in sys/types.h... yes checking for ssize_t... yes checking for gcc option to accept ANSI C... none needed checking for inline... inline checking for an ANSI C-conforming const... yes checking for size_t... (cached) yes checking whether setpgrp takes no argument... yes checking for socklen_t... yes checking whether system defines INADDR_NONE... yes checking for char... yes checking size of char... 1 checking for int... yes checking size of int... 4 checking for long... yes checking size of long... 4 checking for short... yes checking size of short... 2 checking for long double... yes checking size of long double... 12 checking for long long... yes checking size of long long... 8 checking for INT64_C... no checking for INT64_C in stdint.h... (cached) no checking size of ssize_t... 4 checking size of size_t... 4 checking size of off_t... 4 checking size of pid_t... 4 checking for strnicmp... no checking for strncasecmp... yes checking for stricmp... (cached) no checking for strcasecmp... (cached) yes checking for strdup... yes checking for strstr... yes checking for memchr... yes Checking for DSO... checking for NSLinkModule... no checking for dlopen in -ldl... yes adding "-ldl" to LIBS Checking for Processes... checking for waitpid... yes checking struct rlimit... yes Checking for Locking... checking for semget... yes checking for semctl... yes checking for flock... yes checking for /dev/zero... (cached) yes checking for semaphore.h... (cached) yes checking for sem_close... yes checking for sem_unlink... yes checking for sem_post... yes checking for sem_wait... yes checking for working sem_open... no checking for union semun in sys/sem.h... no checking for LOCK_EX in sys/file.h... yes checking for F_SETLK in fcntl.h... yes checking for SEM_UNDO in sys/sem.h... yes checking for CODESET in langinfo.h... yes checking for POLLIN in poll.h sys/poll.h... yes checking for PTHREAD_PROCESS_SHARED in pthread.h... yes checking for pthread_mutexattr_setpshared... yes decision on apr_lock implementation method... SysV IPC semget() checking if interprocess lock affects threads... no checking for /dev/random... /dev/random Checking for Time Support... checking for tm_gmtoff in struct tm... yes Checking for Networking support... checking for in_addr in netinet/in.h... yes checking if fd == socket on this platform... yes checking for sockaddr sa_len... no checking style of gethostbyname_r routine... glibc2 checking 3rd argument to the gethostbyname_r routines... char checking if TCP_NODELAY setting is inherited from listening sockets... yes checking if O_NONBLOCK setting is inherited from listening sockets... no checking for TCP_CORK in netinet/tcp.h... yes checking for TCP_NOPUSH in netinet/tcp.h... no checking for SO_ACCEPTFILTER in sys/socket.h... no checking for set_h_errno... no checking for presence of retrans/retry fields in res_state/resolv.h ... yes Checking for IPv6 Networking support... checking for library containing getaddrinfo... none required checking for library containing gai_strerror... none required checking for library containing getnameinfo... none required checking for gai_strerror... yes checking for working getaddrinfo... yes checking for negative error codes for getaddrinfo... yes checking for working getnameinfo... yes checking for sockaddr_in6... yes checking if APR supports IPv6... "yes" Restore user-defined environment settings... restoring CPPFLAGS to "" setting EXTRA_CPPFLAGS to "-DLINUX=2 -D_REENTRANT -D_XOPEN_SOURCE=500 -D_BSD_SOURCE -D_SVID_SOURCE" restoring CFLAGS to "" setting EXTRA_CFLAGS to "-g -O2 -pthread" restoring LDFLAGS to "" setting EXTRA_LDFLAGS to "" restoring LIBS to "" setting EXTRA_LIBS to "-lm -lcrypt -lnsl -ldl" restoring INCLUDES to "" setting EXTRA_INCLUDES to "" Construct Makefiles and header files. configure: creating ./config.status config.status: creating Makefile config.status: creating strings/Makefile config.status: creating passwd/Makefile config.status: creating tables/Makefile config.status: creating build/Makefile config.status: creating file_io/unix/Makefile config.status: creating network_io/unix/Makefile config.status: creating threadproc/unix/Makefile config.status: creating misc/unix/Makefile config.status: creating locks/unix/Makefile config.status: creating time/unix/Makefile config.status: creating mmap/unix/Makefile config.status: creating shmem/unix/Makefile config.status: creating i18n/unix/Makefile config.status: creating user/unix/Makefile config.status: creating memory/unix/Makefile config.status: creating atomic/unix/Makefile config.status: creating dso/unix/Makefile config.status: creating test/Makefile config.status: creating include/apr.h config.status: creating APRVARS config.status: creating build/rules.mk config.status: creating apr-config config.status: creating include/arch/unix/apr_private.h config.status: executing default commands srclib/apr configured properly Configuring Apache Portable Runtime Utility library... configuring package in srclib/apr-util now checking for APR... yes checking for gcc... gcc checking for C compiler default output... a.out checking whether the C compiler works... yes checking whether we are cross compiling... no checking for suffix of executables... checking for suffix of object files... o checking whether we are using the GNU C compiler... yes checking whether gcc accepts -g... yes checking how to run the C preprocessor... gcc -E checking for ANSI C header files... yes checking for sys/types.h... yes checking for sys/stat.h... yes checking for stdlib.h... yes checking for string.h... yes checking for memory.h... yes checking for strings.h... yes checking for inttypes.h... yes checking for stdint.h... yes checking for unistd.h... yes checking for ldap support... checking gdbm.h usability... yes checking gdbm.h presence... yes checking for gdbm.h... yes checking for gdbm_open in -lgdbm... yes checking db4/db.h usability... no checking db4/db.h presence... no checking for db4/db.h... no checking db.h usability... yes checking db.h presence... yes checking for db.h... yes checking for db_create in -ldb... yes checking for lock_get in -ldb... yes checking db3/db.h usability... yes checking db3/db.h presence... yes checking for db3/db.h... yes checking for db_create in -ldb3... no checking for db.h... (cached) yes checking for db_create in -ldb... (cached) yes checking for Berkeley DB... found db3 checking for default DBM... sdbm (default) setting APRUTIL_EXPORT_LIBS to "-lgdbm" adding "-lgdbm" to LIBS adding "-ldb" to APRUTIL_EXPORT_LIBS checking for Expat in /usr... yes adding "/usr/lib/libexpat.la" to APRUTIL_EXPORT_LIBS adding "-L/root/httpd-2.0.36/srclib/apr" to LIBS adding "-lapr" to LIBS adding "-lm" to LIBS adding "-lcrypt" to LIBS adding "-lnsl" to LIBS adding "-ldl" to LIBS adding "/usr/lib/libexpat.la" to LIBS configure: creating ./config.status config.status: creating export_vars.sh config.status: creating apu-config config.status: creating include/private/apu_select_dbm.h config.status: creating include/apr_ldap.h config.status: creating include/apu.h config.status: creating Makefile config.status: creating buckets/Makefile config.status: creating crypto/Makefile config.status: creating dbm/Makefile config.status: creating dbm/sdbm/Makefile config.status: creating encoding/Makefile config.status: creating hooks/Makefile config.status: creating ldap/Makefile config.status: creating uri/Makefile config.status: creating xml/Makefile config.status: creating misc/Makefile config.status: creating test/Makefile config.status: creating include/private/apu_config.h config.status: include/private/apu_config.h is unchanged config.status: executing default commands srclib/apr-util configured properly Configuring PCRE regular expression library ... configuring package in srclib/pcre now checking for gcc... gcc checking for C compiler default output... a.out checking whether the C compiler works... yes checking whether we are cross compiling... no checking for suffix of executables... checking for suffix of object files... o checking whether we are using the GNU C compiler... yes checking whether gcc accepts -g... yes checking for ranlib... ranlib checking how to run the C preprocessor... gcc -E checking for ANSI C header files... yes checking for sys/types.h... yes checking for sys/stat.h... yes checking for stdlib.h... yes checking for string.h... yes checking for memory.h... yes checking for strings.h... yes checking for inttypes.h... yes checking for stdint.h... yes checking for unistd.h... yes checking limits.h usability... yes checking limits.h presence... yes checking for limits.h... yes checking for gcc option to accept ANSI C... none needed checking for an ANSI C-conforming const... yes checking for size_t... yes checking for bcopy... yes checking for memmove... yes checking for strerror... yes configure: creating ./config.status config.status: creating Makefile config.status: creating pcre.h config.status: creating pcre-config config.status: creating config.h config.status: config.h is unchanged config.status: executing default commands srclib/pcre configured properly Configuring Apache httpd ... obtaining flag settings from the sub-configures... setting CFLAGS to "-g -O2 -pthread" setting CPPFLAGS to "-DLINUX=2 -D_REENTRANT -D_XOPEN_SOURCE=500 -D_BSD_SOURCE -D_SVID_SOURCE" setting LDFLAGS to "" setting LIBS to "-lm -lcrypt -lnsl -ldl" setting INCLUDES to "-I. -I$(top_srcdir)/os/$(OS_DIR) -I$(top_srcdir)/server/mpm/$(MPM_SUBDIR_NAME) -I$(top_srcdir)/modules/http -I$(top_srcdir)/modules/proxy -I$(top_srcdir)/include -I$(top_srcdir)/srclib/apr/include -I$(top_srcdir)/srclib/apr-util/include" Applying OS-specific hints for httpd ... forcing SINGLE_LISTEN_UNSERIALIZED_ACCEPT to "1" checking for rm... /bin/rm checking for gawk... gawk checking for gcc... gcc checking for C compiler default output... a.out checking whether the C compiler works... yes checking whether we are cross compiling... no checking for suffix of executables... checking for suffix of object files... o checking whether we are using the GNU C compiler... yes checking whether gcc accepts -g... yes checking how to run the C preprocessor... gcc -E checking for a BSD-compatible install... /usr/bin/install -c checking whether ln -s works... yes checking for ranlib... ranlib checking for AIX... no checking for library containing strerror... none required checking for ANSI C header files... yes checking for sys/types.h... yes checking for sys/stat.h... yes checking for stdlib.h... yes checking for string.h... yes checking for memory.h... yes checking for strings.h... yes checking for inttypes.h... yes checking for stdint.h... yes checking for unistd.h... yes checking minix/config.h usability... no checking minix/config.h presence... no checking for minix/config.h... no checking for ANSI C header files... (cached) yes checking for string.h... (cached) yes checking limits.h usability... yes checking limits.h presence... yes checking for limits.h... yes checking for unistd.h... (cached) yes checking sys/socket.h usability... yes checking sys/socket.h presence... yes checking for sys/socket.h... yes checking pwd.h usability... yes checking pwd.h presence... yes checking for pwd.h... yes checking grp.h usability... yes checking grp.h presence... yes checking for grp.h... yes checking for strings.h... (cached) yes checking sys/processor.h usability... no checking sys/processor.h presence... no checking for sys/processor.h... no checking sys/sem.h usability... yes checking sys/sem.h presence... yes checking for sys/sem.h... yes checking for sys/wait.h that is POSIX.1 compatible... yes checking for gcc option to accept ANSI C... none needed checking for an ANSI C-conforming const... yes setting NOTEST_CPPFLAGS to "-DAP_HAVE_DESIGNATED_INITIALIZER" checking for getpwnam... yes checking for getgrnam... yes checking for initgroups... yes checking for bindprocessor... no checking for timegm... yes checking for tm_gmtoff in struct tm... yes checking whether to enable mod_access... yes (default) checking whether to enable mod_auth... yes (default) checking whether to enable mod_auth_anon... no checking whether to enable mod_auth_dbm... no checking whether to enable mod_auth_digest... no setting LT_LDFLAGS to "-export-dynamic" checking whether to enable mod_file_cache... no checking whether to enable mod_echo... no checking whether to enable mod_charset_lite... no checking whether to enable mod_cache... no checking whether to enable mod_disk_cache... no checking whether to enable mod_mem_cache... no checking whether to enable mod_example... no checking whether to enable mod_ext_filter... no checking whether to enable mod_case_filter... no checking whether to enable mod_case_filter_in... no checking whether to enable mod_deflate... no checking whether to enable mod_include... yes (default) checking whether to enable mod_log_config... yes (default) checking whether to enable mod_env... yes (default) checking whether to enable mod_mime_magic... no checking whether to enable mod_cern_meta... no checking whether to enable mod_expires... no checking whether to enable mod_headers... no checking whether to enable mod_usertrack... no checking whether to enable mod_unique_id... no checking whether to enable mod_setenvif... yes (default) checking whether to enable mod_proxy... no checking whether to enable mod_proxy_connect... no checking whether to enable mod_proxy_ftp... no checking whether to enable mod_proxy_http... no checking whether to enable mod_ssl... no checking whether to enable mod_optional_hook_export... no checking whether to enable mod_optional_hook_import... no checking whether to enable mod_optional_fn_import... no checking whether to enable mod_optional_fn_export... no checking whether to enable mod_bucketeer... no checking for target platform... unix checking for rlim_t... yes checking sys/time.h usability... yes checking sys/time.h presence... yes checking for sys/time.h... yes checking sys/resource.h usability... yes checking sys/resource.h presence... yes checking for sys/resource.h... yes checking for sys/sem.h... (cached) yes checking sys/ipc.h usability... yes checking sys/ipc.h presence... yes checking for sys/ipc.h... yes checking for setsid... yes checking for killpg... yes checking bstring.h usability... no checking bstring.h presence... no checking for bstring.h... no checking for unistd.h... (cached) yes checking for syslog... yes checking sys/times.h usability... yes checking sys/times.h presence... yes checking for sys/times.h... yes checking for times... yes checking which MPM to use... prefork checking whether to enable mod_http... yes checking whether to enable mod_mime... yes (default) checking for extra modules... no extra modules checking whether to enable mod_dav... no adding "-I$(top_srcdir)/modules/dav/main" to INCLUDES checking whether to enable mod_status... yes (default) checking whether to enable mod_autoindex... yes (default) checking whether to enable mod_asis... yes (default) checking whether to enable mod_info... no checking whether to enable mod_suexec... no checking whether to enable mod_cgi... yes (default) checking whether to enable mod_cgid... no checking whether to enable mod_dav_fs... no checking whether to enable mod_vhost_alias... no checking whether to enable mod_negotiation... yes (default) checking whether to enable mod_dir... yes (default) checking whether to enable mod_imap... yes (default) checking whether to enable mod_actions... yes (default) checking whether to enable mod_speling... no checking whether to enable mod_userdir... yes (default) checking whether to enable mod_alias... yes (default) checking whether to enable mod_rewrite... no checking whether to enable mod_so... yes checking whether byte ordering is bigendian... no adding "-lgdbm" to LIBS adding "-ldb" to LIBS adding "/usr/lib/libexpat.la" to LIBS setting LDFLAGS to "" Restore user-defined environment settings... restoring CPPFLAGS to "" setting EXTRA_CPPFLAGS to "-DLINUX=2 -D_REENTRANT -D_XOPEN_SOURCE=500 -D_BSD_SOURCE -D_SVID_SOURCE" restoring CFLAGS to "" setting EXTRA_CFLAGS to "-g -O2 -pthread" restoring CXXFLAGS to "" setting EXTRA_CXXFLAGS to "" restoring LDFLAGS to "" setting EXTRA_LDFLAGS to "" restoring LIBS to "" setting EXTRA_LIBS to "-lm -lcrypt -lnsl -ldl -lgdbm -ldb /usr/lib/libexpat.la" restoring INCLUDES to "" setting EXTRA_INCLUDES to "-I. -I$(top_srcdir)/os/$(OS_DIR) -I$(top_srcdir)/server/mpm/$(MPM_SUBDIR_NAME) -I$(top_srcdir)/modules/http -I$(top_srcdir)/modules/proxy -I$(top_srcdir)/include -I$(top_srcdir)/srclib/apr/include -I$(top_srcdir)/srclib/apr-util/include -I$(top_srcdir)/modules/dav/main" Construct makefiles and header files... creating config_vars.mk configure: creating ./config.status creating modules/aaa/Makefile creating modules/cache/Makefile creating modules/echo/Makefile creating modules/experimental/Makefile creating modules/filters/Makefile creating modules/loggers/Makefile creating modules/metadata/Makefile creating modules/proxy/Makefile creating modules/ssl/Makefile creating modules/test/Makefile creating os/unix/Makefile creating server/mpm/Makefile creating server/mpm/prefork/Makefile creating modules/http/Makefile creating modules/dav/main/Makefile creating modules/generators/Makefile creating modules/dav/fs/Makefile creating modules/mappers/Makefile creating Makefile creating modules/Makefile creating srclib/Makefile creating os/beos/Makefile creating os/os2/Makefile creating os/Makefile creating os/unix/Makefile creating server/Makefile creating support/Makefile creating srclib/pcre/Makefile creating test/Makefile config.status: creating docs/conf/httpd-std.conf config.status: creating include/ap_config_layout.h config.status: creating support/apxs config.status: creating support/apachectl config.status: creating support/dbmmanage config.status: creating support/envvars-std config.status: creating support/log_server_status config.status: creating support/logresolve.pl config.status: creating support/phf_abuse_log.cgi config.status: creating support/split-logfile config.status: creating build/rules.mk config.status: creating include/ap_config_auto.h config.status: include/ap_config_auto.h is unchanged config.status: executing default commands

  56. Things To Do Today by Things+To+Do+Today · · Score: -1
    1. Realize I'm out of toilet paper

    2. Grumble, wipe ass with Kleenex

    1. Re:Things To Do Today by Anonymous Coward · · Score: -1, Offtopic
      1. Go to work.

      2. Realize that it is a religious holiday and the office is empty.

  57. Making... by Anonymous Coward · · Score: 0

    ... 2>&1

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

      alert( 'hello' );/script

  58. Nike watches and waits.... by n4zgl · · Score: 0, Offtopic

    Imagine a beowulf cluster of lawyers...oh wait ;)

  59. The New Communism(tm) by Neolithic · · Score: 0

    Overbearing IP laws lead to a form of communism, not with the government at the helm but instead corporations.

    Their claims of the sanctity of preserving Locke's "Life, Liberty, and Property" are doing just the opposite, in regards to the public at large.

    With the example of the constant copyright extensions the corporations that establish hoards of content end up "owning" too much, only let it be doled out to the public at their whim. The public will never have anything of their own and all property will be at the disposal of the very select few at the heads of business.

    Maybe if we can present this to polititions, of any party, we can create a new "Red Scare".

    Are you or have you ever been a member of the entertainment industry?

    1. Re:The New Communism(tm) by Anonymous Coward · · Score: -1, Offtopic

      This guy has the answer.

    2. Re:The New Communism(tm) by hyphz · · Score: 2

      > The public will never have anything of their
      > own and all property will be at the disposal of
      > the very select few at the heads of business.
      > Maybe if we can present this to polititions, of
      > any party, we can create a new "Red Scare".

      I doubt it - this argument for socialism has been around for ages. In fact, it appear in some form in the books by Lenin and Marx. The argument is basically: (restated but NOT supported by me)

      "Pointing out capitalism's advantages over socialism is futile because capitalism turns *into* socialism once the market winners dominate so strongly that they become impossible to compete with (which must happen eventually - competitions are always eventually won). So, since you wind up with socialism either way, better have it controlled by a government that is involved with the people than by a random corporation that happened to do well in the markets in the transition period. Although the goverment might be corrupt, the corruption will consist of nothing more that people trying to get benefit for themselves; but that is what corporations will do, meaning that even a 90%+ corrupted goverment will do less looking out for itself than a corporate winner would."

    3. Re:The New Communism(tm) by Anonymous Coward · · Score: 0

      Blimey. Capitalism always turns into socialism does it? So all we have to do is wait and all of a sudden we'll have a healthcare free at the point of delivery, an end to poverty, equal pay for equal work, etc?

      Or are you another moron confusing "Socialism" with "Dictatorship"?'

  60. What is so hard about this, people? by Greyfox · · Score: 4, Interesting
    We need to put this code is speech thing to bed once and for all.

    Is code speech? I don't know. Can you copyright it? Apparently every company that has EVER written software thinks so. It's the very foundation of the software industry business model. The ability to copyright code is a basic assumption. Time and time again courts have found for the holder of the copyright in code theft cases. I think sufficient legal precident exists that says that code is speech.

    Since code is speech, for the most part the DMCA should simply not apply. Most attempts to limit speech fail miserably; witness attempts to enforce COPA, video game age restrictions (in most juristictions,) and even virtual kiddie porn. If even kiddie porn is protected speech except under the narrowest of circumstances, source code should be a no brainer. The DMCA obviously is in conflict with the first ammendment. Had Elcomsoft simply copyrighted their source code and published as a book (A trick Zimmerman sucessfully used to get around the PGP restrictions in the USA) the question probably would never even have come up.

    Furthermore, the assumption in the industry, again bourne up by legal precident, is that the source code copyright extends to binary executable files. If I put the Windows binaries up on a 31337 W4R3Z site, Microsoft will come after me for copyright violations, and they'd win. If I tried to argue that copyright did not apply to the executables, I'd get laughed out of court. This despite the fact that the opinion in Congress is currently that all code, source or binary, comprises a machine and has no speech component and may be arbitrarily restricted. If it is not speech, copyright must simply not apply. If copyright does not apply, the entire software industry is will bring lobbyists to bear faster than I can hit submit on this post.

    obDisclamer: I am not a lawyer. But I watched most of the Ally McBeal episodes.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:What is so hard about this, people? by wasuremono · · Score: 1

      You should pay more attention to Miss McBeal in the future, however.

      You contend that "Since code is speech, for the most part the DMCA should simply not apply", however the two ideas are unrelated. The code that I assume you are speaking of is that which is similar to or is the Elcomsoft Advanced eBook Processor, in itself is protected under copyright law and freedom of speech. However, since it functions to remove the restrictions placed upon eBooks by the copyright holder, under the DMCA, the trafficking of it is prohibited.

      As for your analogy with Mr. Zimmerman, you may be correct. If Elcomsoft had created a book or document describing the mechanisms used to restrict an eBook and distributed that, it could not be used to actively remove restrictions on copyrighted work and, therefor, would be completely comprised of a "speech" component, invalidating an argument that it was covered by the DMCA.

      As a side note, you state, "If even kiddie porn is protected speech except under the narrowest of circumstances..." This is not the case, however. "Virtual kiddie porn" is protected by the first amendment because it is created completely within one's mind and presented through some means, such as a jpeg file, and does not involve real children. "Kiddie pron", as in pre-pubescent girls or boys engaging in ''sexually explicit conduct'' 18 U.S.C. 2256 (1) and (2), is not a protected form of expression since it involves the exploitation of children.

  61. I still don't understand by HuskyDog · · Score: 2
    Can someone please explain the following to me in simple terms:

    If Elcomsoft loses and the judge imposes a huge fine and Elcomsoft refuses to pay. What happens then?

    Do the Americans lock up any Elcomsoft employees in the USA at the time?

    Do they issue extradition warrants to the Russian authorities?

    Do they try to force the Russians to sieze the assets of Elcomsoft in Russia?

    Something else....?

    Thanks,

    1. Re:I still don't understand by wasuremono · · Score: 1

      If Elcomsoft loses and the judge imposes a huge fine and Elcomsoft refuses to pay. What happens then?

      Nothing. Court rulings on international entities often fail to enforce the court supplied remedy. This is evident from the on-going legal challenges that would become The United States of America v. DeBeers for illegally fixing the diamond trade.

      Do the Americans lock up any Elcomsoft employees in the USA at the time?

      I'm not aware of any individuals being detained at this time, pending judgement.

      Do they issue extradition warrants to the Russian authorities?

      For the time being, Elcomsoft is coming on its own terms. Russia would hardly be eager to extradite them without a conviction, however, and even if one is gotten, my first point should show how difficult it is. (Though it should be noted that DeBeers goes through great lengths to keep its assets out of reach from the US Government.)

      Do they try to force the Russians to seize the assets of Elcomsoft in Russia?

      They have no grounds to do that, as of yet. They are only accused of breaking US law at the moment.

  62. Re:huge potential for appeal (sliding OT) by KjetilK · · Score: 0, Offtopic
    Yep, that's a good point. BTW, it is exactly what happens in Norway for students. In local elections, students didn't untill recently have the right to vote where they wanted, they could only vote where their parents lived. Since there are only four universities in Norway, there are quite few students living nearby their parents while they study, and consquently, they do not have voting rights where they live. Which means that effectively, most students do not have voting rights in local elections.

    That was untill recently: They just changed the law, so that you can vote where you live, but if you do, you waive the right to have travel scholarships. Before, you could get a few bucks to travel home and visit your parents once a year. But if you vote, you loose that money. And with the costs of travel, that is very significant. But of course, some people may afford to travel on their own budget, but at the same time, they decided that students will no longer get discounts on state-sponsored trains. Wow.

    The issue is of course that politicians are scared shitless of the possibility that students get voting rights. About 1/5 of Oslo's population are students, but only 1/30 are voters. So, if students got voting rights, they would actually have to listen to students, and that is obviously quite scary.

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
  63. The only right you have... by KjetilK · · Score: 2
    Face it, the only right you'll have is the right to not buy a product. And face it, soon those products will be necessary to exercise other things that in the past was referred to as "rights", such as free speech, voting rights, the right to engage in your community, and the right to enjoy advances in arts in science. There will be products that violate your rights to engage in some or more of these, but necessary to engage in another. For example, if you choose to have voting rights, you buy a product to have voting rights, but when you buy that product, you loose your right to read books. That's my dystopia.

    If we just sit and watch, it'll be like that in 30 years. I'm not going to just sit and see it happen. I hope, neither will you.

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
    1. Re:The only right you have... by Lonath · · Score: 2

      Face it, the only right you'll have is the right to not buy a product.

      Good, then boycott Star Wars as a start toward not buying this crap anymore.

    2. Re:The only right you have... by Teutates · · Score: 1

      I already have. In fact, I haven't seen any new movies in a very long time. Those that I watch, I pay the Eastman Theater to help keep old films still in near production quality.

      Donations to houses that keep old films is my way of paying for my enjoyment. I just watched The Acid Eaters(damn wierd movie) for $5...a movie from 1967.

      Eastman/Kodak does have some good things that I respect them for. Their film school is one of them.

  64. Beacuse Our Military is Bigger than their military by Anonymous Coward · · Score: 1, Insightful

    What gives the US the authority to prosecute a foreign company under US law?

    Simple. Beacuse behind our corporations (and even those who choose to encorporate in Bermuta to avoid taxes) is the force of the U.S. Military. And our military is bigger and more bad-ass than theirs.

  65. Speech == Conduct ??? by redelm · · Score: 2
    OK -- I can buy the judge's implied [unstated] argument that Congress gave "Fair Use" via legislation, and can take it away the same way with the DMCA. However much we might like fair use to be a Constituational Right [9th?], it doesn't appear to be.

    But what I find really scary is the Judge's stated rationale that speech is conduct! Short of fraud and inciting violence, it is not, and never shall be. The fundamental purpose of the 1st Ammendment is to make this clear and to keep meddlesome officials from interfering with speech they don't like.

    This is in for Appeal.

    1. Re:Speech == Conduct ??? by morgue-ann · · Score: 1

      Congress gave "Fair Use" via legislation

      No, I think the way it worked was this:

      1) The right of monopoly control over distribution (a.k.a. copyright) is in the (main body of the) Constitution

      2) The First Amendment seems to contradict this since copied speech is still speech.

      3) The resolution was to employ the fair use doctrine. It was originally not laid out so plainly with the four tests in chapter 12 of the US Code, but was just a doctrine (that might pre-date the Constitution for all I know) that courts used to decide infringement cases.

      4) Eventually, the four tests were codified in law, but they are still vague & given to courts' interpretation.

      Fair use as defined in the USC is not a right, but a defense. However, fair use derived from the first amendment is a right.

  66. I hope this judge... by kenthorvath · · Score: 2

    ...is really addicted to soap operas. This way, when he buys his new HDTV and compatible recording device he finds himself unable to record his favorite soaps. I also hope he scratches every single DVD he owns and accidently buys a few from another marketing zone.

  67. Interesting points from the actual ruling by Rogerborg · · Score: 5, Informative

    On the Fifth Amendment and due process argument, Elcomsoft argued that the DMCA is too vague because it doesn't explain which devices are legal (because they are primarily designed to enable allowed fair uses) and which are not. The Court recognised the difference (explicit in the DMCA) between bypassing protection to simply obtain raw access to content, and bypassing protection to make a specific fair use of the content. The distinction is that in the latter case, the act of bypassing is allowed. However, it is still (explicit in the DMCA) illegal to make or traffic in a device to do this. Now, there's a quandary. You can obtain a bypassing device, and you can use it to make a fair use of the content, but you can't make or supply the device.

    The government argued that there was no vagueness because all tools that allow bypassing a protection mechanism are banned, even those which it would be legal to use. The judge (believe it or not) agreed!

    • "Thus, while it is not unlawful to circumvent for the purpose of engaging in fair use, it is unlawful to traffic in tools that allow fair use circumvention [...] Accordingly, there is no ambiguity in what tools are allowed and what tools are prohibited because the statute bans trafficking in or the marketing of all circumvention devices." [emphasis is in the original]

    On the First Amendment, the court agreed that both source and object code is speech (nice), but then it gets nasty, citing from case history:

    • "[If a statute or regulation is content-neutral it] will be sustained if "it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restrictions on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest."

    Yes, there it is. "Governmental interest" trumps free expression. Or: "I think what the Consitution meant to say was...". For those who missed it, the Consitution is aimed primarily at limiting the powers of government. Government cannot trump the Consitution, and especially it cannot do it whenever it feels like it simply by passing a law. Bear in mind that any law passed by Congress must surely qualify as "substantial governmental interest" (otherwise why did they pass it? They were bored?), and so any law that does not directly limit freedom of expression trumps the First Amendment. Appalling.

    As regards to lumping the rights of copyright holders and the promotion of electronic commerce together (as mentioned in the EFF report, which I assumed was hyperbole), the court does do this several times, and claims that Congress did as well. Yes, that's right, copyright is now merely a mechanism to further commerce (and not to put content into the public domain, the actual intention). Viewed like this, there is of course no reason why copyright should ever expire, or why there should be any fair use rights other than perhaps the right to produce commentary for positive review. Negative criticism, parody and academic study do not contribute to "furthering commerce".

    Further, the court finds that the government has a "substantial and legitimate interest" in "promoting commerce" (note: "promoting", not "protecting"), and that "The absense of effective technological restrictions to prevent copyright infringement would inevitably result in even more rampant piracy, with a corresponding likely decrease in the willingness of authors and owners of copyrighted works to produce them in digital form or make the works available on-line.". This effectively validates the DMCA and confirms that "promoting commerce" trumps fair use. This is a speculative conclusion based purely on subjective unsubtantiated material provided by the government, a conclusion that a higher court could well rip to shreds.

    Other spurious conclusions: the defendants argued that the DMCA "effectively eliminates fair use" (my emphasis). The court ruled that "the DMCA does not "eliminate" fair use", and goes on to say that fair use is still possible by transcribing by hand. But note that the court only considers fair use for written works, which are at issue here. How do you transcribe a video clip?

    The court makes this assertion again when considering whether Congress exceeded its authority when drawing up the DMCA, and again asserts that the DMCA does not prohibit fair use - but again only gives a counter example for textual works. Even the point about the DMCA preventing copying once the work is in the public domain is rejected: the court agrees that it would still not be legal to make or traffic in (and therefore obtain) a device to access the content, but once again asserts that this does not prevent copying, which is true only for transcribable text.

    Basically, Elcomsoft are boned, and they're boned right from the start here, because while denying the dismissal, the court has stated clearly that all circumvention devices are illegal, even if they are primarily designed for legal fair use purposes. This one's going to have to go to a higher court, and as an aside, we really need a DMCA challenge that's not based on text, so it can be shown more clearly that the DMCA does "effectively eliminate" both fair use while under copyright, and full use when in the public domain.

    IANAL, but then again, bear in mind that lawyers (like judges) deal only in what's legal, not what is right. This court has pointed out that the DMCA is stupid, but then asserts that just because it's stupid, it's not wrong, because Congress fully intended for it to be exactly that stupid. Go figure.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Interesting points from the actual ruling by jo2nathan · · Score: 1

      If "it is unlawful to traffic in tools that allow fair use circumvention", why haven't they closed down all the VCR manufacturers? Is VHS encoding not a type of encryption?

    2. Re:Interesting points from the actual ruling by Anonymous Coward · · Score: 0

      We'll get one, and quickly if the Sony Bono Copyright Protection Act is overthrown.

      You see, Disney released their old short cartoons on DVD-- and if the retroactive copyright extention of Sony Bono gets tossed, their copyrights expire. Now, I own one such DVD, and were the copyright to expire I would distribute it. But two things prevent me.

      It's on DVD. Not only do I have to contend with CSS, but also with Macrovision. That's right, two access / copy control methods. And when the copyright expires, I plan on breaking them into little toothpick-like slivers.

      Anyone who argues I won't be within my rights is out of their gourd.

    3. Re:Interesting points from the actual ruling by Anonymous Coward · · Score: 0

      Your questions would be answered if you had attempted to read what the DMCA says. VCRs are not circumvention devices (they aren't digital, so they aren't even covered under the main part of the act), and VHS encoding is not encryption.

    4. Re:Interesting points from the actual ruling by Anonymous Coward · · Score: 0

      So does that mean it's legal to use drugs, as long as nobody ever originally produced them?

    5. Re:Interesting points from the actual ruling by SkulkCU · · Score: 2


      just because it's stupid, it's not wrong, because Congress fully intended for it to be exactly that stupid

      I happen to agree with that idea, but I see the DMCA as not only stupid, but also morally wrong. As you ponted out, we need a case to properly demonstrate that the DMCA does eliminate fair use - the chances of Congress waking up and reversing it themselves seems... very small.

      --
      .sig last updated Jan. 14, 2000
  68. Take that argument and.. by A_Non_Moose · · Score: 3, Funny

    turn it around:
    "The right to fair use is present but more difficult to use; that does not mean it isn't present."

    Ok, your honor, we'd like you to submerge you in this tank of water and seal it shut.
    For you see, the ability to breath is going to be difficult, but that does not mean it is not present.

    There is O2 in air and water, so, by your logic you should be able to breath water because what you need is in the water.

    There is an argument that...ahem...holds water.

    .

    --
    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  69. Two words by defile · · Score: 2

    Civil disobedience

    void CSSdescramble(unsigned char *sec,unsigned char *key)
    {
    unsigned int t1,t2,t3,t4,t5,t6;
    unsigned char *end=sec+0x800;

    t1=key[0]^sec[0x54]|0x100;
    t2=key[1]^sec[0x55];
    t3=(*((unsigned int *)(key+2)))^(*((unsigned int *)(sec+0x56)));
    t4=t3&7;
    t3=t3*2+8-t4;
    sec+=0x80;
    t5=0;
    while(sec!=end)
    {
    t4=CSStab2[t2]^CSStab3[t1];
    t2=t1>>1;
    t1=((t1&1)<<8)^t4;
    t4=CSStab5[t4];
    t6=(((((((t3>>3)^t3)>>1)^t3)>>8) ^t3)>>5)&0xff;
    t3=(t3<<8)|t6;
    t6=CSStab4[t6];
    t5+=t6+t4;
    *sec++=CSStab1[*sec]^(t5&0xff);
    t5>>=8;
    }
    }
    1. Re:Two words by Anonymous Coward · · Score: 0

      For this to qualify as civil disobedience, you should include the CSStab[1-5] tables.

    2. Re:Two words by defile · · Score: 2

      Yeah, but that clipping is enough to get the point across.

  70. Right to Assemble by shawnmelliott · · Score: 1

    so this is the same saying that the right to assemble peacefully is still enforced even in a situation where the person is tied up, gagged and held in jail for 2 weeks until the protest date has passed. Basically, the right exists, but it's harder to do.

    The inability to use a right is the same as not having the right itself.

    Also the fair use is not harder because of the DMCA. It's Illegal

    AND YES. I know that Fair use is not a guaranteed right. But even the Supreme Court has sayed that it is infered

  71. Bizaare and twisted by MadAhab · · Score: 2
    Particularly bizaare was the judge's claim that the DMCA is OK because it is "content-neutral, just as would be a restriction on trafficking in skeleton keys identified because of their capacity to unlock jail cells, even though some of the keys happened to bear a slogan or other legend that qualified as a speech component."

    It's more like saying that it's a felony to manufacture a key to open the door to a car that you own; the key is a means to excercise a legal right, or perhaps an expression of the means to do so, but it is not a sandwich board for expression. What is this guy smoking?

    I won't even mention the fact that he's on flimsy ground saying that fair use is possible; how, by retyping it yourself? What if audio or video were protected instead of text? And what happens when fair use is made impossible by technology, in his view? Does the law magically change? Does he suddenly reverse himself? Can fair usage be flat outlawed as long as it's "content neutral"? This judge may be really trying hard to avoid setting precedent by ruling with sophistry. Or, perhaps, letting the trial proceed so evidence can be presented so that he can rule on an actual point of law, but I doubt it.

    On the other hand, his characterization of code as speech which nonetheless does not enjoy the full protection of speech is, er, interesting. He sounds like the kind of retard who finds it acceptable for the NYTimes to post links to DeCSS code, but illegal for 2600 to do so. The amount of contradictions and hypocrisy engendered by the DMCA is sufficient evidence that it's the kind of law that has no place in a free republic.

    --
    Expanding a vast wasteland since 1996.
  72. Know Your Rights by VivianC · · Score: 2

    Reminds me of a song:

    You have the right to free speech
    As long as you aren't dumb enough to actually try it.


    --The Clash, Know Your Rights

    --
    Viv

    Gmail invites for ip
  73. What Elcom Needs To Do by MrResistor · · Score: 2

    What Elcom needs to do is get charges brought up against Adobe in Russian court. IANA(Russian)L, but I recall from an earlier article regarding this whole fiasco that Russian law falls very heavily on the side of consumer rights, and that under that legal framework Adobe's ebook encryption is actually illegal. Elcom's product was created for, and within, that legal framework.

    I understand that the US has determined it has jurisdiction because they were able to purchase Elcom's product in the US from US based vendors. Fine, I can accept that; but turn about is fair play. Obviously Adobe ebooks are available in Russia, or Elcom's product wouldn't exist. I say that Elcom should use the same tactics against Adobe in Russia that Adobe has used against them here in the US.

    And yes, I'm aware of Adobe's statement that they don't want Elcom prosecuted, and I think it's a bullshit PR stunt. If I shoot somebody, the fact that I didn't want them to die does not excuse the fact that I pointed the gun at them and pulled the trigger. Adobe is clearly trying to restrict the rights of the Russian people, and should be punished to the full extent of the law.

    --
    Under capitalism man exploits man. Under communism it's the other way around.
  74. If you really don't like it... by Anonymous Coward · · Score: 0

    Then write to Adobe and tell them to drop the case. The way I see it, if I can only read and re-create(print, make backups of, print or copy/paste) their precious eBook through their software and it doesn't allow me to do what I want with it, then the the whole eBook concept is USELESS to me. I will not be buying any eBooks if I can't do what I want with them for my own reasons. If Adobe get enough comments like that they may change their mind.

    On the other hand there is a little problem that they have here, and it's the license agreement that they have with all the publishers that use the eBook format. I'm sure that Adobe gets it's chunk of the sale and they are freaked out that this software will rip them off. Somehow I don't see the thrill of getting a ripped copy of an eBook, and I would think a large amount of the population would feel the same way.

    Mabye Adobe needs lots of comments of reassurance that we won't use Elcomsoft's software to rip them off, promise...

  75. Content-neutrality by russotto · · Score: 1
    The judge in this case seems to think the DMCA is "content neutral" and therefore provokes only intermediate scrutiny. This is nonsense, as the only thing that distinguishes non-violating programs from violating ones is their content.

    The usual content-neutral restrictions are "time, place, and manner". Judge Whyte has added "function". But the function of computer code is inextricably tied to its content: the content defines the function.

    I have posted a fuller version of this argument with source code examples at my site. I also address the "conduct" argument.

  76. Still not a big enough picture for me by GMFTatsujin · · Score: 2

    Let's see those megacorps pay for an amendment to the Second Law of Thermodynamics to survive the impending heat death of the universe! Take that, Rosen! You lose! You lose!

    GMFTatsujin

    1. Re:Still not a big enough picture for me by Anonymous Coward · · Score: 0

      Nah. I think having the Sun expand into a red giant will bake the earth sooner. I doubt that the human race will survive till then at this rate.

  77. Authoritariansim Emergent by FreeUser · · Score: 2

    Capitalism always turns into socialism does it? So all we have to do is wait and all of a sudden we'll have a healthcare free at the point of delivery, an end to poverty, equal pay for equal work, etc?

    Or are you another moron confusing "Socialism" with "Dictatorship"?'


    Well, he's not exactly a moron for doing so. He is but a symptom of how effective 60 years of propoganda equating socialism with communism, and communism with authoritarianism, has been in the United States. You are likely a victim of similar disinformation, perhaps equating americans with uneducated bozos, Germans with Nazis, or some other equally absurd notion that has been pounded into your head by your regional media since birth. We are all of us victims of such things, and learning to recognize and repair these blindspots is a challenge we all face, and will likely continue to face all our lives.

    It is interesting that the argument that capitalism always leads to a form of authoritarianism is gaining some very significant credibility with the current trends WRT copyright trumping free speech[1], wholesale corporate buyouts of governments both within and outside of the USA, the formation of unelected, transnational authorities such as WIPO and the WTO that have been given the authority to repeal local laws (and have used it, for example to remove one of California's environmental laws).

    Communism may or may not tend toward authoritariansim (there was an anarchistic form of communism that worked for a number of years in Spain, until it was absorbed and legislated out of existence by the capitalist authorities, with the support of the authoritarian communists of eastern Europe who saw their own arguments in favor of authoritarianism threatened) ... I suspect it will as groups, be they businesses or collectives, in competition will ultimately have a winner and a loser, and the winner will then yield undo power over the loser ... ergo, authoritarianism emerges once again.

    So I think economic systems are orthogonal to authoritariansim vs. liberal democracy or republicanism, and they all likely tend to lead toward a small, privileged class excersizing inapprpriate authority over the rest of humanity.

    The only real defense against an emergent authoritarianism has nothing to do with the economic system in place, so long as it is not a centerally managed one. It has everything to do with a strong constitution that places strict limits on government, a government that adheres to that constitution, a relatively open and uncorrupted fourth estate (journalism), and an educated populace who gives a damn.

    Unfortunately, we only have a strong constitution that limits government. We do not have a government that obeys that constitution, nor do we have a relatively open and uncorrupted fourth estate (a handfull of companies controls virtually every media outlet in the western world, troublesome books are routinely privished[2], journalists routinely threatened and/or bought off to silence stories[2], and editorial revisions which routinely change the meaning within the story are but a few examples of how dysfunctional the fourth estate has become). What is more, we do not have an educated public, nor do we have a public which gives a damn.

    [1]The First Amendment guaranteeing free speech must always trump copyright, just as any amendment modifies the original document and/or any preceeding amendments. But then, the courts have by and large stopped even paying lip service to the constitution, so this minor fact is unlikely to get in the way of upholding a flagrantly unconstitutional law ... until perhaps the supreme court hears the case (and even then, unlike 20 years ago, we can not count on a fair or sane decision).

    [2]c.f. Into the Buzzsaw - 18 Award Winning Journalists expose the myth of a free press (including several Peabody award winners, a Pulitzer Prize winners, and several other well known and widely respected journalists)

    --
    The Future of Human Evolution: Autonomy
    1. Re:Authoritariansim Emergent by Anonymous Coward · · Score: 0

      Hey, I merely grouped him with the morons, I made no judgement based on his citizenship but on his decision to apparently treat the word "socialism" as a synonym for "dictatorship" (even more bizarrely in this case, dictatorships driven by the interests of bigger businesses.)

      Other than that, that was a superb post, I hope it's modded up.

    2. Re:Authoritariansim Emergent by FreeUser · · Score: 2

      Hey, I merely grouped him with the morons, I made no judgement based on his citizenship but on his decision to apparently treat the word "socialism" as a synonym for "dictatorship"

      No worries (I agree). I was just using your post as a starting point for pointing out that his misconception is a common one (in the United States) because all of us Americans under 60 have been subjected to propoganda promoting exactly the myth he blurted out virtually every day of our lives. People here in the US, often very intelligent people, will use the terms communism, socialism, and authoritariansim (or dictatorship) interchangably. Not because they are ignorant ... most will, if they think about it, make the distinction, but because we've all been subjected to rather forceful, ongoing indoctrination to equate them in our minds, so much so that despite knowing better it require conscious effort to remember not to write 'communist' or 'socialist' when you mean 'dictator.'

      The power of suggestion, and in inability of even the smartest or strongest willed person to withstand ongoing conditioning over time, has to be one of the most unpleasant flaws in the human psyche we are confronted with.

      --
      The Future of Human Evolution: Autonomy
  78. DMCA trumps First Ammendment? by Maul · · Score: 2

    If code is protected speech, then the DMCA (or at least portions of it) is unconstitutional. I don't see how it can be any more complex than that. Constitutional rights have always been held at higher priority over laws passed by Congress.

    How can the DMCA trump the First Ammendment in this way? It seems to me like the judge is saying, "Well, even though code is speech, and speech is guaranteed under the 1st. Ammendment, because the DMCA is so popular with all the companies that gave money to the Senators who appointed me, screw civil liberties and everything this country was founded on. Now shut up and face my wrath, you evil Russian communist/terrorist hackers!"

    This case has been sickening from the moment it started. If anything, it has displayed how justice in the US is not blind. Elcomsoft is a small Russian firm, and is likely to be totally screwed over by this. A huge company from the US would get a slap on the wrist fine and be let off for the same thing, if it was even prosecuted in the first place.

    --

    "You spoony bard!" -Tellah

  79. Our Troops are dying in Afghanistan for this? by Anonymous Coward · · Score: 0

    So that our legal system can protect the already powerful? so that our judges can sell out to the highest bidder?
    Fathers and sons, and mothers too are DYING for this BULLSHIT?

    Come on America, wake the FUCK UP!!!

    Maybe Bin Laden had the right fucking idea. After all, the WTC was the symbol of big business. It was the symbol for this corporate purchased government we call America.

    I'm ashamed to be American. I'm pissed that we are letting our best young men and women die to protect a fucked up sold out hypocritical government like the sorry ass USofA. No one should die for this country. It isn't fuckin worth it.

    Those of you who think I am a terrorist sympathiser, ask yourself this? If bin laden had bombed the RIAA and MPAA headquarters would you have been as upset as you were on 9/11?

    The world looked at the WTC and saw the same corporate conglomerate bullshit I see when I look at the DMCA. Bin Laden is an evil man, who chose a sorry ass way of expressing himself, but he had a good point.

    Oh, and if you are the FBI, FUCKOFF. I ain't gonna hurt nobody. Why don't you go bust some 11 year old for drawing stick figures of her teachers with arrows flying at them on the back of a quiz on which she got a D. That's what I'm most afraid of. Please please save us from teh fucking 11 year olds. please I'm so afraid of her drawing!!!!

    fucking coward ass country full of chickenshits that don't deserver to have brave soldiers sacrificing their lives for them.

    Senator hollins can go to afghanistan, survive a week and maybe then I'll respect his sorry ass right to breathe. Until then I'll continue to hope him and this judge and all the other fucked up greedy assholes die a slow miserable death. FUCKHEADS!

    1. Re:Our Troops are dying in Afghanistan for this? by Anonymous Coward · · Score: 0

      Oh, and by the way, that wasn't a threat. Hoping someone dies and threating to kill someone are two entirely different things.

  80. time to learn the 3 R's .... by Anonymous Coward · · Score: 0

    which are:

    Rebel, Resist, and Revolt.

    :-)

  81. Sounds like 1984... by ncc74656 · · Score: 2
    'The DMCA does not eliminate fair use or substantially impair the fair use rights of anyone,' the judge wrote in a 35-page opinion. 'The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.'

    War is peace.
    Slavery is freedom.
    Ignorance is strength.

    --
    20 January 2017: the End of an Error.
  82. yes they are. by Anonymous Coward · · Score: 0

    i wish you posted unanonymously cause i'd have added you to my 'friends' list.

    unfortunately, i actually FEAR for my life since i hold similiar opinions and have underground political affiliation. and no, i'm not one of the bomb strapping youth who want to blow themselves up for some cause. but governments tend to demonize groups which don't agree w/ them, and the media will jump on it as well if it's not pro-capitalism/corporations.

  83. Re:huge potential for appeal (sliding OT) by fishbowl · · Score: 2

    >So, if students got voting rights, they would
    >actually have to listen to students, and that is
    >obviously quite scary.

    Young, educated people participating in democratic processes scares who? Why?

    --
    -fb Everything not expressly forbidden is now mandatory.
  84. EFF should have argued congress overstepped bounds by smiff · · Score: 1
    The EFF filed for dismisal on two counts.
    1. The DMCA violates fair use rights
    2. The DMCA violates due process because it does not require that harm be done.


    The EFF should have argued that congress does not have the power to enact the DMCA. The constitution intentionally limited congress's power to grant copyrights. Why doesn't the EFF argue this point?
  85. Re:Viruses and Worms are now Free Speech by Anonymous Coward · · Score: 0

    Please, learn the proper English plural of the word 'virus.'

    There's no need to be making up words in hopes of sounding smarter. You only end up looking silly.

  86. So let me get this straight.... by Newer+Guy · · Score: 1

    The DMCA makes it a crime to decrypt (or for that matter even discuss decryption) of encrypted, copyrighted works even if your use of these would be (for) non-infringing (legal) purposes. Now, this clueless judge comes out and says that the DMCA notwithstanding, it's still possible to use these encrypted works for the (non-infringing) purpose of fair use. HOW???????????????? If it's a crime to decrypt these for ANY reason, how do I then GET the use of them for fair use? I mean the copyright holder encrypted them to KEEP ME from using them; he's not going to give them to me. Maybe I'm a moron, but this judge's logic doesn't seem to be there!

  87. Re:First amendment right -- TO WANK!!! by Serial+Troller · · Score: -1

    Obviously, you need to get a better job. Like reading Slashdot and fapping off under the desk all day. Mmmmmmmmmmmmmm.....

    --

    STOP ME BEFORE I POST AGAIN!

  88. What no dismissal means by Stickster · · Score: 1

    I think a large percentage of Slashdotters need to go back to an elementary civics class. You don't have to be a lawyer to understand this, just have some common sense and engage the brains you guys are always going on and on about.

    When the judge denies a motion to dismiss, it doesn't mean bad news for Elcomsoft, other than the fact that their legal bills are going to be greater than they were (which is not the court's problem and shouldn't be considered by the judge at all). What it means is that the judge did not agree with Elcomsoft's attorneys' argument that the issue at stake was either directly addressed by some previous court decision or pre-existing law. So this means the judget thinks there is an issue here that hasn't been decided.

    It does not mean that the judge has anything against Elcomsoft or that he has made a pre-emptive decision against them. It only means he thinks there's an issue here. It could very well be that the judge is an activist who sees this is as an opportunity to inject his opinion on the matter into the fray. That opinion might be even be in favor of Elcomsoft.

    Please take a moment to dredge up long-buried memories of how the judicial system works in this country. Or crack a book that doesn't have an animal on the front cover once in a while.

  89. /.: Fish, barrel. *BANG!* by Serial+Troller · · Score: -1

    Eh, you didn't get it. I wanted to see if there are people who are stupid enough to respond to someone who A) posts with a -1 account, B) posts in an obviously inflammatory manner, and C) is obviously wrong. And I got three hits.

    Yes, Slashdot is truly a cesspool of human idiocy.

    --

    STOP ME BEFORE I POST AGAIN!

  90. more headlines on the Elcomsoft case by wessman · · Score: 1

    http://www.zeropaid.com/news/articles/auto/0509200 2b.php