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2600 Appeal Rejected

blankmange writes "Wired is reporting that 2600's appeal has been rejected by a federal appeals court. "The Second Circuit Court of Appeals said in a one-line ruling that it was not going to revisit an earlier decision in which 2600 was found to be unlawfully distributing a DVD-descrambling utility. In January 2000, eight movie studios sued the legendary hacker quarterly for posting the DeCSS.exe utility, which decodes DVDs and allows them to be viewed on a Linux computer." The magazine now has 90 days to file a Supreme Court appeal." The Appeals court did not have to take the case, and they didn't. 2600 can appeal to the Supreme Court, but they don't have to take the case either - it's looking more and more as though Kaplan's ruling will stand.

272 comments

  1. thats sad by atari2600 · · Score: 0

    But the underdogs will always come out trumps..i mean seriously these companies are not making more money but can't someone make that "legit" - i mean take the Windows Operating system...DVD tools galore.

  2. winux? by Ruliz+Galaxor · · Score: 3, Funny

    "the DeCSS.exe utility, which decodes DVDs and allows them to be viewed on a Linux computer."

    Now what? an .exe utility which is made for running under _windows_ and then I can view it on a _linux_ computer?
    blargh... when you think you're finally done with the windoze thing, they come up with an .exe
    :)

    1. Re:winux? by cscx · · Score: 2

      Like it would have made any difference if it was an ELF format? Yeah, DeCSS, the descr... uh, I mean, Linux DVD playing decoder software. =)

    2. Re:winux? by Anonymous Coward · · Score: 0

      Sorry, DeCSS was released on Windows first, and was integrated into point-n-drool GUI "rippers" long before Linux could even properly read the DVD media.

    3. Re:winux? by Foogle · · Score: 3, Informative

      According to the authors it was, as the previous poster suggested, written to allow DVD decoding under Linux. While it's true that the development was done under Windows first, they cited the lack of UDF filesystem drivers under Linux as the reasoning. As soon as those drivers were available, they ported DeCSS over.

    4. Re:winux? by Anonymous Coward · · Score: 1, Insightful

      So what? The road to hell is paved with good intentions.

      The author's IRC buddies had no such higher pretenses about helping out Linux, and the Windows "ripping" community took the code and ran with it. Furthermore the defendant in this case is more closely allied with the crackers than with the Linux developers, as the judge no doubt noted.

      I'm just sick of the argument that DeCSS isn't a 'circumvention device' because one of the original authors meant well. People around here are so interested in spinning this point that they have turned a complete blind-eye to the Windows rippers out there, going so far to even falsely deny that pirates use DeCSS.

      Bottomline is that nobody cares -- the legal system is going to look at the net effect of the tool and not the good intent. EFF/Linux Devs need a better test case with a 'circumvention device' that isn't completely obviously used for copyright infringement by a large number of people.

    5. Re:winux? by el_nino · · Score: 3, Interesting

      The argument isn't that DeCSS isn't a circumvention device just because said circumvention is legal. The argument is that a tool shouldn't be illegal just because it can be used in illegally.

      Yes, DeCSS is widely used for illegal purposes. So is Microsoft Windows. DeCSS could and can be used for legal purposes, and DeCSS equivalent code is used today by Linux DVD players for completely legal DVD playing.

      Bottomline is that DeCSS was an easy target, 2600 got whacked for breaking the DMCA, and the content industry got some value for the money they bought the law with.

      I'm just happy I live in a democracy, not a plutocracy, myself, and I can legally write a snippet of code and release it without having to worry about what others will use it for.

    6. Re:winux? by Fembot · · Score: 1

      nah u just build it in as a special kernel option like you can run java with "misc" binary support you can too with win32 :-)

    7. Re:winux? by tymesf · · Score: 0

      The content industry didn't get anything except trouble with the money they used to buy the DMCA. The circumvention device has now been mirrored, publicized, and distributed beyond what any of the original authors could have envisioned, and the MPAA has gotten enormous amounts of bad press. The DeCSS fiasco started the culture of MPAA hatred and strengthened the growing hatred of the RIAA as well.

  3. and this is a first for Hollywood!!?????? by atari2600 · · Score: 2, Insightful

    From the article

    This is hardly the first time that Hollywood and other DMCA proponents have won in court. A federal judge in New Jersey tossed out a case brought by Princeton University computer scientist Ed Felten, who claimed legal threats made by the recording industry unconstitutionally chilled his right to free speech
    Is that something that Hollywood would be celebrating - this smells bad - real bad.

    1. Re:and this is a first for Hollywood!!?????? by Anonymous Coward · · Score: 0

      well here we are, computer code isnt free speech, video games arent free speech, but threats to sue and corporate donations to politicos are free speech, can anyone else hear the national toilet flush?

  4. 2600 cant get no respect by checkitout · · Score: 4, Insightful

    I think a large part of the reason it wasn't allowed for appeal was the great number of protests and courtroom hijinx 2600 brought with them. Its like being the class clown, teachers aren't going to give many favors and would rather send you to the principals office than deal with you directly.

    1. Re:2600 cant get no respect by grung0r · · Score: 2, Insightful

      Had 2600 been prim and proper they wouldn't of won anymore then they did in reality. I don't think they are owed any "favors" as you put it. I think they are owed their right to appeal a unfair ruling made by a judge who was either corrupt or had no idea what he was talking about. I would hope that court rulings aren't based on the conduct of the defendant in court or the "favors" they are owed.

    2. Re:2600 cant get no respect by qslack · · Score: 3, Insightful
      I think a large part of the reason it wasn't allowed for appeal was the great number of protests and courtroom hijinx 2600 brought with them. Its like being the class clown, teachers aren't going to give many favors and would rather send you to the principals office than deal with you directly.


      If this is the reason, then the judge should be put in jail. Judges are supposed to be impartial rulers of the law. If they are not doing their job, they should be impeached. If they are discriminating against groups of people (in this case, political activists), they should be put in jail for something (I'm sure there's a law regarding this with specific penalties and everything).
    3. Re:2600 cant get no respect by Seth+Finkelstein · · Score: 5, Insightful
      The "image" battle was a problem way before the appeal level. In the original ruling, the court said:

      In the final analysis, the dispute between these parties is simply put if not necessarily simply resolved.

      Plaintiffs have invested huge sums over the years in producing motion pictures in reliance upon a legal framework that, through the law of copyright, has ensured that they will have the exclusive right to copy and distribute those motion pictures for economic gain. They contend that the advent of new technology should not alter this long established structure.

      Defendants, on the other hand, are adherents of a movement that believes that information should be available without charge to anyone clever enough to break into the computer systems or data storage media in which it is located.

      Judge Kaplan wasn't exactly shy about his views, no sirreee bob ...

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

    4. Re:2600 cant get no respect by Anonymous Coward · · Score: 0

      And not exactly correct, either. He makes the illogical assumption that the only possible use for the software is for piracy.

    5. Re:2600 cant get no respect by Nogami_Saeko · · Score: 3, Informative

      Want to know why they lost? I think this link pretty well explains it all:


      The DMCA Is the Toast of D.C.


      NOTICE the older-than-time, uppercrust DC politicians who are close to retirement, and need to pad their pockets with as much industry money as possible ("we'll pass ANYTHING for a price!").

      SEE the big copyright holders wining and dining the aforementioned old politicians. Booze 'em up, then get them on board when they're tipsy.

      EXPERIENCE the complete lack of anyone who has any opposing viewpoints.

      Now, just for the record, I DO approve of copyright laws. That said, there NEEDS to be a fair use policy that allows users/owners to space/timeshift their information. Move it from DVD to HD to portable player without any restrictions other than making illegal copies.

      The length of copyright terms needs to come WAY down if the studios/publishers want the kinds of control they are asking for.

      Sure, make it an iron-clad copyright to protect all content without any space/timeshifting rights if you want - but if you, as a studio, DO want these rights, your copyright term drops to an absolute MAXIMUM of 5 years, after which it's opened up wide for all to see/shift/transfer as people see fit..

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    6. Re:2600 cant get no respect by dacarr · · Score: 1

      And how would you propose one enforces this? If the DMCA gets overturned, God willing, congress is back to square one again. If it doesn't, and things hold up, people move their stuff to offshore servers.

      Point being, this is the Internet age.

      Don't get me wrong, now - I am all for copyright. I even have a few songs I've written, and I'll be damned if somebody plagiarizes me, regardless of whether they are lining my pockets!

      Going on a copyright maximum of five years is obscene, also. The current standard is 50 years beyond the life of teh author - let's stick with that.

      If anything, the mucky-mucks need to just lighten the fuck up.

      --
      This sig no verb.
    7. Re:2600 cant get no respect by Alsee · · Score: 4, Insightful

      a movement that believes that information should be available without charge to anyone clever enough to break into the computer systems or data storage media in which it is located.

      My response to the dopey judge:

      Now we are all elitist too?

      We believe that information should be available without charge to any dooling idiot who bought it.

      I'll have to add that to the list - We're all elitist greedy selfish thieves with ulterior motives. Expecially those evil librarians, evil journalists, and evil scientists.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:2600 cant get no respect by 56ker · · Score: 2

      But what do judges know about technology? Surely 2600 know that they're doing their case no favours by pursuing these unorthodox tactics.

    9. Re:2600 cant get no respect by darien · · Score: 2

      I pray daily for slashdot's demize.

      Hope you blocked that ad at the top of the page then, or coming here was a really dumb move.

    10. Re:2600 cant get no respect by kableh · · Score: 2

      And how would you propose one enforces this? If the DMCA gets overturned, God willing, congress is back to square one again.

      How about using, um, EXISTING COPYRIGHT LAW? Before the DMCA, it was STILL against the law to distribute illegal copies of copyrighted works. The only thing the DMCA has done is: A) Give the RIAA/MPAA the ability to take away the fair use rights we already had, and B) Smack anyone who even TALKS about defeating their half-assed protection schemes with a lawsuit.

      Yea, we'll be back to square one. Back to when I could write software to do whatever the fuck I wanted to do with the CD I bought, like put it on my portable MP3 player.

    11. Re:2600 cant get no respect by dswan69 · · Score: 1

      He certainly wasn't shy about spouting complete and utter rubbish. I read the statements at the time - he was completely taken in by the MPAA's deceptions meaning he is either extremely gullible or a complete idiot.

    12. Re:2600 cant get no respect by essdodson · · Score: 1

      A courtroom is to be respected. Why have contempt of court and other things that judges can throw at people if court isn't to be taken seriously?

      --
      scott
    13. Re:2600 cant get no respect by Anonymous Coward · · Score: 0

      No company takes the court seriously. Otherwise we would not have frivilous patent lawsuits and cease-and-desist orders. We would not have companies like Microsoft submitting doctored videos as evidence and not being immediately dissolved when caught.

    14. Re:2600 cant get no respect by icepick · · Score: 1

      Could you actually give an example or a page talking about these "hijinx" instead of just saying they happened?

      --
      You're just jealous because the voices only talk to me.
  5. Re:Monumental Court Decisions by Anonymous Coward · · Score: 0
    their odds of prevailing might be better if they wait until public opinion -- driven by copy-protected CDs, for instance -- is more on their side.


    This lack of public opinion was also seen in the recent Yahoo action of opting in all if its users to receive spam. The non present outcry showed, to them at least, that this was okay. If 2600 really does wait for public opinion to increase at all, let alone in their favor, it will be far past the 90 days to file a petition seeking a hearing of certiorari.

  6. Obvious grammar/misspelling by Anonymous Coward · · Score: 0

    2600 AppealS rejected. It's starting to get embarassing. Anyway that's a lot of rejected appeals.

  7. Lawyers by Banjonardo · · Score: 2, Funny
    Ok, lawyers, any chance?

    For the Supreme Court, I mean?

    --

    -----

    Score 3? For what? Being wrong, at length? - smirkleton

    1. Re:Lawyers by apathyruiner · · Score: 1

      Going to the Supreme Court could be far worse than not going. What if they also rule against 2600? That's something that'd be hard to over-rule.

      --
      -= I can't think of anything witty, creative, or insightful for my sig, so deal with this. =-
    2. Re:Lawyers by Banjonardo · · Score: 1
      That's true; but the publicity might sure help.

      I don't know.... better than to leave it as it is, I suppose. If they're gonna lose, might as well lose with style.

      --

      -----

      Score 3? For what? Being wrong, at length? - smirkleton

    3. Re:Lawyers by Anonymous Coward · · Score: 0

      [remaining anonymous for reasons that should be obvious]
      As and ex-lawyer (first amendment, now doing "honest" software-related non-legal work), a lower court decision like the one 2600 is seeking to have overturned has no binding precedent, though another court may consider it to be persuasive. If the Supremes should hear the case and rule against 2600, that would be binding, and not only hard to overturn -- darn near impossible.

  8. OT reply... by Profe55or+Booty · · Score: 0, Offtopic

    10,000 people? it was less than 3,000.

    i'm just trying to figure out how they were estimating 20,000 at first.

    and anyway, who says the people in there were good, decent people?

    --
    sig - .
    1. Re:OT reply... by TheOnlyCoolTim · · Score: 1, Offtopic
      i'm just trying to figure out how they were estimating 20,000 at first.


      They couldn't be sure how many people had gotten to work yet.

      Tim
      --
      Omnia vestra castrorum habetur nobis.
    2. Re:OT reply... by Anonymous Coward · · Score: 0

      And who says that they weren't good decent people?

      Do you think that they were all evil infidels supporting the satan/american economic system?

      They were office workers, programmers, securty guards, bond traders, executives, mail clerks, photographers, artists, electricians, cleaning people, security guards, police officers and firefighters. They were sons, daughters, mommies, daddies, grandparents, husbands and wives.

      Maybe not all were the best of people, I can't say. But I can say that they were murdered in cold blood. Nobody who died there did anything to deserve what happened to them.

      If you were there, which you probably weren't, you would realize that the buildings (which held about 25,000 people each) came down so fucking fast, that the officials thought there wasn't enough time to clear the buildings.

      Seems pretty reasonable to me. I was there. I saw it happen. I was standing outside the Borders bookstore at 5WTC, and I saw the first plane hit the north tower, practically over my head.

      WTC Pictures

    3. Re:OT reply... by Anonymous Coward · · Score: 0

      Nobody who died there did anything to deserve what happened to them.

      no, i'm pretty sure the hijackers deserved it.

    4. Re:OT reply... by Anonymous Coward · · Score: 0

      >>no, i'm pretty sure the hijackers deserved it.

      Whoever you are, you're absolutely right. I wan't thinking about those bastards when I wrote that though.

      I'm sure that the hijackers are having a great time in Hell

      WTC Photos

  9. No DeCSS? by dacarr · · Score: 1
    OK, fine, 2600 is possibly going to go down. This doesn't mean we can't see DVD's on linux boxen.

    Admittedly, it's sad to see such a prestigious (!) publication get the back end of a firebomb....

    --
    This sig no verb.
    1. Re:No DeCSS? by Dimensio · · Score: 2

      Hrmm...firebombs. MPAA. Judge Kaplan's house...

      ...no, I will not get nasty ideas. I will not get nasty ideas. I will not get nasty ideas...

      Well, maybe just Jack Valenti.

    2. Re:No DeCSS? by BreakWindows · · Score: 2, Flamebait

      ok kids, just for review, THIS is legal to write:

      " Hrmm...firebombs. MPAA. Judge Kaplan's house... "

      And THIS is not:

      #!/usr/bin/perl
      s''$/=\2048;while(<>){G=29;R=14 2;if((@a=unqT ="C*",_)[20]&48){D=89;_=unqb24,qT,@
      b=map{ord qB8,unqb8,qT,_^$a[--D]}@INC;s/...$/1$&/;Q=unqV , b25,_;H=73;O=$b[4]<<9
      |256|$b[3];Q=Q>>8^(P=(E=255 )&(Q>>1 2^Q>>4^Q/8^Q))<<17,O=O>>8^(E&amp ; F=(S=O>>14&7^O)
      ^S*8^S<<6))<<9,_=(map{U=_%16orE^= R^=11 0&(S=(unqT,"\xb\ntd\xbz\x14d")[_/16%8]);E
      ^=(72,@ z=(64,72,G^=12*(U-2?0:S&17)),H^=_%64?12 : ,@z)[_%8]}(16..271))[_]^((D>>=8
      )+=P+(~F&E))for@a [128..$#a]}print+qT,@a}';s/[D -HO-U_]/\$$&/g;s/q/pack+/g;eval

      Really puts things in perspective, huh?

    3. Re:No DeCSS? by Dimensio · · Score: 1

      At first I thought you'd checked my user info, then I saw that you've got a different version (which I'll be adding to my info).

    4. Re:No DeCSS? by darien · · Score: 2

      If that's what I think it is, it's illegal (in the US) to link to it. Looks like Slashdot will be next in the dock.

  10. Re:What a crock of shit by tzanger · · Score: 1, Offtopic

    A few more fucks to add to my list of people who should have been in the WTC instead of the 10,000 good, decent people who actually died.

    What a barbaric, inhumane thing to say. Of course I don't think I should expect too much from a non-person such as yourself -- you didn't even try to be remotely correct (<3000 died)

  11. Re:Monumental Court Decisions by siasl33 · · Score: 1, Insightful

    Rulers have known for ages. "Keep them entertained, their stomachs full, and control is assured". Move along, nothing to see here....tick...tick...tick.

  12. T-Shirts by Penguinoflight · · Score: 4, Informative

    ThinkGeek will sell you a decss t-shirt, and it's not tiny print either. I don't want to be trollish, but it's high time we got some competent judges, or at least another section of judges for tech cases.

    --
    "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
    1 John 4:14
    1. Re:T-Shirts by packeteer · · Score: 2, Insightful

      that would be great as long as they arent "industry appointed official"... basiacally MPAA lapdogs... we cant have our own enemies choosing the judge...

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    2. Re:T-Shirts by Surak · · Score: 2

      Hey! Let's all encourage 2600 to appeal to the Supreme Court, send 'em money even, and then let's ALL go to the Supreme Court on the day the Supreme Court will decide to hear the case or not, all of us wearing DeCSS T-Shirts, waving American flags and displaying signs talking about free speech!

      Nah...the National Guard would probably shoot us. :)

    3. Re:T-Shirts by thelaw · · Score: 2

      Nah...the National Guard would probably shoot us. :)

      what are you saying here? that the army national guard would come to the supreme court to monitor a protest? the DC police are well equipped to handle protests there, as they usually do, even when the rambunctions pro/anti-abortion protesters face off.

      if you're making a reference to kent state, which i am certain you are doing, remember that, while the national guard was in error for firing on unarmed protestors, they did so because they felt threatened by the increasingly-violent mob. it was a grievous error in following the rules of engagement, not a willful attempt by the government to stanch debate.

      jon

      --
      -- http://www.cerastes.org
    4. Re:T-Shirts by balloonpup · · Score: 1

      Can I have a link to that? I can't seem to find it on their site.

      --
      I sing the doggie electric!
    5. Re:T-Shirts by Anonymous Coward · · Score: 0

      >>I don't want to be trollish, but it's high time we got some competent judges, or at least another section of judges for tech cases.

      But where do you get them? I didn't see any on ebay, but the entertainment industry is getting them somewhere.

    6. Re:T-Shirts by Rob+Seace · · Score: 1

      I think the original poster meant CopyLeft, not ThinkGeek... CopyLeft has three different DeCSS related shirts... They have them as a three-pack set, or individually (they link to each individual one at the above page)...

    7. Re:T-Shirts by strudeau · · Score: 1
      Kent State wasn't the only instance where police or National Guard troops fired on and/or killed unarmed protestors. Check out the history of the US labor movement some time. For example, the Ludlow Massacre, where 20 innocent, unarmed women and children were slaughtered by a force that included the Colorado militia during a coal strike.


      That said, you're right -- the DC police, with the help of Federal Marshalls, would be more than capable of "handling" any sizable protest -- and if the powers that be are too threatened by the protest, they are likely simply to arrest large groups of people on specious charges (e.g. "parading without a permit") rather than beat them senseless -- it's better PR.

    8. Re:T-Shirts by balloonpup · · Score: 1

      Cool, thanks! *zips off that-a-way*

      --
      I sing the doggie electric!
    9. Re:T-Shirts by Anonymous Coward · · Score: 0

      It's telling that the first instance you cited happened over 25 years ago and the second instance that you reached waaaay back for was over 75 years ago.

      You should really stop trying to live in the past. Most of your 'leftist' ideology has been proven false and been swept into the dustbins of history.

    10. Re:T-Shirts by Anonymous Coward · · Score: 0

      Unfortunately they're just shitty t-shirts.

      Some of us don't still dress like teenagers. They need to come out with a DeCSS necktie or something.

    11. Re:T-Shirts by packeteer · · Score: 1

      so after 75 years are the people any less dead? just because their brothers and sister and freind are gone doesn't mean they are back. The poster obviously wished to show that there WAS at least SOME incidents involving these activities.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    12. Re:T-Shirts by Penguinoflight · · Score: 1

      I'll volunteer, just about anyone on /. would do better than the current judges. In this section of justice, it's more important to have a technical background than to have a legal one, much more.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
  13. Errr. . . . by Com2Kid · · Score: 2

    If the supreme court refuses to hear the case do we formaly rebel or something then?

    I mean what ARE the options left after both the legislative and the judicial branch have f*cked you in the ass?

    Granted it wouldn't be MUCH of a rebelion (well, one way or the other. Not like Nerds / Geeks can agree on anything, getting us all organized would be hell, everybody would start fighting over minor ass stuff), but if we ever did get organized we would rule the world.

    (in about ten seconds, heh.)

    Somebody else can comment on the irony of the highest potential power being held by people who are unable to get together to use it. ^_^

    1. Re:Errr. . . . by zeugma-amp · · Score: 1

      The obvious solution for this, when the courts are completely ignorant, and the politicians have been bought off by Big Media(TM) is to go ahead and code whatever you want and put the programs on servers overseas.

      "The internet sees censorship as damage and routes around it.". I can't remember who said it, but it'strue for the most part. National laws are merely annoyances to the locals.

      --
      This is an ex-parrot!
    2. Re:Errr. . . . by Com2Kid · · Score: 1

      "The internet sees censorship as damage and routes around it.". I can't remember who said it, but it'strue for the most part. National laws are merely annoyances to the locals.

      Well yah, but, err, the feds have this awful habit of working even with overseas police and arresting people, or arresting anybody who lives in America, or arresting anybody who sets foot into America, who has violated any part of the DMCA.

      Lovely. . . . just looovely.

      Anybody know of a way to exist completely anonymously? No? Damnit. . . . ::sighs:: After that last anon naming service thing went offline (the really really good one that you had to pay for as you go) things have kind of sucked on the online privacy front.

      I SOOO need to get rich and donate gobs of money to the EFF. :)

    3. Re:Errr. . . . by Anonymous Coward · · Score: 0

      (off topic)
      If you live in the united states, they rebel every four years. everyone gets together and votes in representives who change how the governments ran. Thats the power of the united states, we can change laws. Even rights, if 2-3's of congress agrees, or someone pays off some judges..... Hell, thats exacly why we can have guns, so we can rebel if the representivites get fishy.

    4. Re:Errr. . . . by harlows_monkeys · · Score: 2
      ...go ahead and code whatever you want and put the programs on servers overseas


      Where do so many geeks get this dumb idea that if something is illegal in the US, all you have to do is take it overseas? This may come as a shock to you, but most companies that are advanced enough to have hosting companies also have similar laws, and will cooperate with the US.

    5. Re:Errr. . . . by dacarr · · Score: 1
      Not like Nerds / Geeks can agree on anything , getting us all organized would be hell, everybody would start fighting over minor ass stuff), but if we ever did get organized we would rule the world.

      Minor detail - we already do rule the world. People just don'd understand it yet.

      --
      This sig no verb.
    6. Re:Errr. . . . by BreakWindows · · Score: 2

      The obvious solution for this, when the courts are completely ignorant, and the politicians have been bought off by Big Media(TM) is to go ahead and code whatever you want and put the programs on servers overseas.

      And when your friends are on fire, the solution is just to find new friends.

      Do you really think this is about playing DVD's on a computer? It's about not being allowed, legally forbidden, to play a DVD on my computer unless they say it's ok. Running away just makes them chase you. I'd rather get my rights back and fix the laws that are broken, than just accept it and hide my stash of renegade source code in some other country.

    7. Re:Errr. . . . by pyramid+termite · · Score: 2

      If the supreme court refuses to hear the case do we formaly rebel or something then?

      No, you look for a test case that's better suited for establishing that computer code is free speech. It's better that they don't hear this case at all, than hear it and decide that code isn't speech.

      Down the road, I suppose a computer language that's indistinguishable from English would probably be the best answer.

    8. Re:Errr. . . . by Com2Kid · · Score: 1

      Minor detail - we already do rule the world. People just don'd understand it yet.

      Yah I know I know, the problem is that managment is managing to quickly convince many of us how much we suck and or need them (management) to survive. :(

      The local CC recently replaced their C/C++ courses with visual basic courses.

      Another one lost for us. :( Not to mention how many future Nerds will likely not be created or at least spurred on now that the one intuitive wonderful lesson plans taught by an old timer (punch card era, knew pretty much every programming language that had come along since) has been replaced by somebody who makes the students dislike learning. . . . :(

      We have to rise up against those kinds of negative action.

    9. Re:Errr. . . . by Anonymous Coward · · Score: 0

      short of a concerted group effort to "crash the whole fucking system" nothing will happen.

      Yes, if the geeks of the world had enough backbone, we couls easily show the world that we are truely in power... but it wont happen..

      The entire internet/Computer operations nation wide can be set to shutdown by us.

      will it happen? no
      do we have the balls? no

      would it get attention? You're damn right it would.

      too bad as geeks we have ZERO balls.

  14. Re:Is this any surprise? by Anonymous Coward · · Score: 0

    What am I stealing by watching a DVD on my computer?

    I bought the hardware - where traditionally all computer royalties lie - as in modems, video adapters, etc. I bought a DVD player expecting to watch a DVD. I couldn't do so because no software supported it for Linux ( I haven't used windows since 95b, when I had to support it on the Destination..)
    So I did what I could and used DeCSS to open up the files on the DVD that I bought on the DVD drive that I owned to watch it on an OS that I have. How you relate this to phone phreaking is beyond me. Maybe you should reread your post, and clarify for all of us the genius post that you just made.

    Asshole.

  15. DECSS is obsolete by Anonymous Coward · · Score: 0

    Now there are much more powerful DVD decripting tools out there.

  16. DMCA here to stay? by numbuscus · · Score: 3, Insightful

    While I believe there are a few more cases pending that seek to gut it, I think we may have to get used to living with the DMCA. It's unfortunate, but this is what happens when you live in a society that is ruled by the media industry. With only a few companies controlling 90% of the TV stations and two or three firms taking control of the radio, it's going to take some serious lobbying to stop these types of bills passing. The Internet is the only thing standing between the media giants and their utter control of free speech. If something isn't done to curb this, we may find ourselves in a society not run by a single 'big-brother' State, but instead run by a few giant media groups. Not that they couldn't - at that point - purchase the State, with all of the media at there disposal, they could do anything. And most people would go along with it, because they saw it on TV. I can just here my parents and grandparents now - "Well, so-and-so on channel 2 said it was a good idea. And then I heard the same on channel 7 - and then the newspaper endorsed the idea. So, it must be the way to go..."

    1. Re:DMCA here to stay? by martissimo · · Score: 2

      Well, when you consider the party that Rosen and Valenti threw for their favorite bought and paid for politicans yesterday, things certainly don't look promising, at least in the short-term.

      I wonder why they didn't invite Boucher to the festivities? Frankly until there are more fair-use advocates like him in congress i will be very worried

    2. Re:DMCA here to stay? by numbuscus · · Score: 1

      Thanks for the link. So, let me get this straight - if you hand a politician $1000 to vote for a bill, that's bribery. But if you throw a huge party, including expensive food, champagne and whatever else - that's lobbying.

      This shit has to stop!

    3. Re:DMCA here to stay? by Anonymous Coward · · Score: 0

      It's unfortunate, but this is what happens when you live in a society that is ruled by the media industry.

      Fucktard moderators, do you really think this is insightful. This has only been repeated on slashdot thousands upon thousands of times. This kid just karma-whored your asses. Idiots.

    4. Re:DMCA here to stay? by gtaluvit · · Score: 1

      You're taking this as the Internet is the last bastion of freedom we have left. Ten years ago, the Internet was nothing. There wasn't mass music pirating or DVD's or anything like that. If you wanted a friend's cd, you taped it, if you wanted a movie, you borrowed it.

      The media and government hasn't changed, its the technology and the government couldn't keep up with it. If the DMCA went into effect 10 years ago, NONE of this type of debate would be going now because we wouldn't be used to things like Napster or doom9 etc. We conditioned ourselves on a technology where we can find things for "free" by bending some rules and we're getting called on it. Get used to it.

      --
      - gtaluvit (prnc. GOT-tuh-LUV-it)
    5. Re:DMCA here to stay? by Anonymous Coward · · Score: 0

      Getting called on what? Do you have any idea what DeCSS does? Do you have any idea what this lawsuit is about or the Constitutional-basis for the appeal? Apparently, no.

  17. Re:Is this any surprise? by eyegor · · Score: 5, Insightful

    My car is capable of going over a hundred miles an hour. I can also use it to run over hapless pedestrians. Yet I do neither (at least not on purpose)

    I own guns. I'm capable of all sorts of mischief. I choose not to.

    I own a baseball bat. I don't attack people with it. Sometimes I even hit baseballs with it.

    Decss is a nice tool that I can use to store my favorite DVD on my laptop and watch it when I'm on travel without dragging a bunch of extra stuff around. I don't steal movies on DVD... I certainly could, I chose not to.

    Just because you can use a tool that has a legitmate purpose to break the law doesn't mean you will do so.

    Plus, who has time to download some sucky dvd rip anyway? Life's too short, I'd rather plunk down the $20 or so and have a nice library. It's retarded to spend all that time stealing a movie then pay big bucks for a writable DVD.

    --

    Don't anthropomorphize computers, they don't like it.
  18. Re:Is this any surprise? by Anonymous Coward · · Score: 0

    It's a shame it's still illegal for you to pirate DVDs. That sucks, doesn't it?

  19. hack it. by DarkHelmet · · Score: 3, Funny
    The appeal has been denied to 2600...

    No wait... the website has been changed...

    The ruling has been reversed? Hmmm. I wonder how that could have been done?

    --
    /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
  20. DeCSS does not do the job by Anonymous Coward · · Score: 0

    A friend tried to decript a DVD with DeCSS and failed. Eventually he found better tools on the Internet which not only decript better than DeCSS but also remove the macrovision protection.

    1. Re:DeCSS does not do the job by Anonymous Coward · · Score: 0

      lol. you and your friend are both tools.

    2. Re:DeCSS does not do the job by dacarr · · Score: 1

      Oh my God, do we need sleep, or what? =^_^=

      --
      This sig no verb.
  21. Re:Errr. . . . Civil disobediance by erroneus · · Score: 2

    Well, yes, civil disobediance is the next step. The problem is that now is not the time. There isn't enough consumer interest in what's going on.

    The public is still addicted to the media and buy swallow whatever it feeds them. As long as they get what they think they want it will keep on keepin' on. While it does indeed hurt the public, they haven't felt it yet. Before they allow people to feel the pain of having their rights ripped from their hearts, they have to tie us all down so we can't fight back.

    Awareness comes first and unfortunately, we have to wait until something BIG happens. Something big like...oh, say another Columbine-style shooting where the people are apparently driven mad by our freedoms being taken from us. Okay, we will need at least three of those events before people start listening... the first one is "some nut" the next one is a "copy cat" but the third is a "movement."

  22. didn't wired do this too tho? by Anonymous Coward · · Score: 0

    i'm not sure how many of you /. readers also read wired, but they also showed the small perl script that also decrypted dvd's in the months after the 2600 issue (i cant remember which volume at the moment). shouldn't they also be tried?

    1. Re:didn't wired do this too tho? by Anonymous Coward · · Score: 0

      look fucktard, the decss code is approximately 25,000 lines of C code. a 10-line perl script won't decrypt your dvd.

    2. Re:didn't wired do this too tho? by Anonymous Coward · · Score: 0

      bs

    3. Re:didn't wired do this too tho? by Anonymous Coward · · Score: 0
  23. Does anyone remember this.... by DragonPup · · Score: 3, Informative

    Apparently descrambling DVD is encyption As bad as sabotaging airplanes to crash. Gives you a idea just how much of a clue these judges have to what these programs do.(Granted, this was pre-9/11, but still)

    -Henry

    --
    "Useless organic meatbag" -HK-47
    1. Re:Does anyone remember this.... by BrookHarty · · Score: 2

      People say you grow cynical as you grow older, I think you just lived long enough to see enough bullshit, and understand its bullshit.

      1. War on drugs.
      (96 thousand people are in jail for only using drugs, Private companies earning money off drug seizures. Ads saying Drugs promote terrorism)
      2. Campaign reform.
      (Bush just had a nice dinner that made 30 million dollars for the republicans, You wont see the Libertarian, Green or Natural parties raise this kind of money)
      3. Personal Rights.
      (The right to die, The right to sell your body, The right to marry same sex, im sure there are others.)
      4. Men's rights
      (Men are held at a higher standards for raising children, child support, alimony, divorce settlements are in favor of women)
      5. Racial Issues in the workplace
      (Businesses around the US are still showing race issues, Walmart, Dennys, etc..)
      6. Property rights
      (You don't own that dvd, its encrypted!, everything is licensed, EULA is a forced contract)
      7. Religion in Government
      (In the USA we have the have the separation of church and state. Religion seems to be the driving force for most political issues.)
      8. American Values
      (Your either with US or against US, The moral majority doesn't have time for any degree of separation of values.)
      9. Tax reform
      (The federal tax burden is 20.7 percent of gross domestic product. The surplus tax money does not belong to politicians.)
      10. Voters Rights
      (Recount of the Florida showed that if the entire state did a recount, Gore won the state. Jed Bush (Governor of Florida) stepped up and was against a recount of the entire state. The state started to burn all voter records at the request of Jed Bush.)

      The list goes on, you can loose count of all the special interest groups in the USA.. Judges that are elected, backed by corporations. Kick backs, pay off, political pork, honesty is bought and sold.

      Well, enough of this shit, Im off to listen to some Mp3's, and surf porn. While its still legal.

      -Brook
      -
      Americans detest all lies except lies spoken in public or printed lies. - Ed Howe

    2. Re:Does anyone remember this.... by joshki · · Score: 1

      http://www.nytimes.com/2001/11/12/politics/12VOTE. html

      registration required -- Gore didn't win Florida. And Jeb Bush didn't stop them from recounting -- several recounts were done following the supreme court decision, and every one that I saw said Bush won. I understand the democrats are upset that their man didn't manage to cheat his way to a victory in florida, but come on! It's pretty much open and shut.
      Another point: You say we have separation of church and state. Why? did you know that does not appear anywhere in the constitution? Those were things that Jefferson, who was really the only one of the founding fathers who was not a churchgoer, penned in a private letter to a friend. The only restriction placed on the government in the constitution is that it is not to establish a state religion, as england had done. The founding fathers wanted people to be able to worship as they chose, without the government telling them what church they had to attend. I don't think you can make a case that our government has EVER tried to pass such a law. In fact, I think we currently have the most godless government we ever have -- at least with regard to the legislative branch. So you really don't have a case there.

      --
      I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.
    3. Re:Does anyone remember this.... by Anonymous Coward · · Score: 0

      1. War on drugs.
      (96 thousand people are in jail for only using drugs, Private companies earning money off drug seizures. Ads saying Drugs promote terrorism)


      I cannot argue that the war on drugs is a failure and a volation of one's personal rights. What one does to themselves with drugs is their own business. However - many of the drugs out there are produced in terrorist countries, who profit from their export and continued use.

      2. Campaign reform.
      (Bush just had a nice dinner that made 30 million dollars for the republicans, You wont see the Libertarian, Green or Natural parties raise this kind of money)


      Hardly anyone supports those parties. I don't see anything wrong with this practice either. The people attending these dinners aren't being kept secret from the fact that the money will be used to support those parties. Its Capitalism. Grow up you damned commie hippie.

      The right to marry same sex

      Will you soon be clamoring for the right to marry a pig or cow? a rock? yourself? It is biologically obvious on why there are two sexes, and just how sex is supposed to happen.

      7. Religion in Government
      (In the USA we have the have the separation of church and state. Religion seems to be the driving force for most political issues.)


      Really? What was the religious reasoning behind DMCA? Campaign Finance? etc..

      5. Racial Issues in the workplace
      (Businesses around the US are still showing race issues, Walmart, Dennys, etc..)


      Very true. Many corporations around the US are still hiring to meet certian racial quotas, depsite this being illegal, in the name of artificial "diversity".

      10. Voters Rights
      (Recount of the Florida showed that if the entire state did a recount, Gore won the state. Jed Bush (Governor of Florida) stepped up and was against a recount of the entire state. The state started to burn all voter records at the request of Jed Bush.)


      Who the hell is Jed Bush? If you can't get your facts correct, the validity of your other arguments has to be questioned.

    4. Re:Does anyone remember this.... by alcmena · · Score: 2

      Will you soon be clamoring for the right to marry a pig or cow? a rock? yourself? It is biologically obvious on why there are two sexes, and just how sex is supposed to happen.

      I fully support the right for a person to marry another person. Why should two couples be treated differently in they eyes of the law simple because they are of the same sex?

      On a side note, this is something else I don't understand. Guys should be fully supportive of the rights for gay men to marry. More women for us! :)

  24. Re:Errr. . . . Civil disobediance by dangermouse · · Score: 2
    The fuck? No it isn't.

    The next step is to elect a new legislature.

    And I really don't see how you get from civil disobedience to Columbine. Did you skip out on civics class for crack hits?

    I swear, the shit that comes out of geeks' mouths when they start talking politics is appalling.

  25. If you examine the Judges Original ruling by Anonymous Coward · · Score: 3, Insightful

    He correctly pointed out that disputes over the limits of fair use and copyright lie in Congress's jurisdiction, no the courts. The courts job is to enforce the law and interpret it to a given set of facts. The whole First Amendment argument was incredibly weak anyway. Arguing that DeCSS actually made some sort of statement that was political rather then being a tool used by others too make a political statement was akin to the anarchist arguing that bomb making was protected because his political opinions were. If DMCA tromps on your fair use rights then get your butts out on the campaign circuit, contribute time, money, and sweat to political candidates who will promise to change it. Support those that back your view and fight those that don't. This is an election year kiddies, remember? Every single House member and a third of the senate. Don't give me that blatther about Hollywood ownes them, yada, yada, yada. Individuals vote, in election places, on election day, not dollar, not companies, individuals. So start cranking ou broadsides explaining this issue to the voters, start going door to door, start working campaigns and making contributions and get involved. I've been a political activist for eight years, making connections and getting to know folks, and I tell you that most politicians are desperate for grass roots activists, Go to your local political club, introduce yourself, let the local politician know your computer aware and he may come to you for an opinion on these matters. But don't be percieved as an anarchist. Wash your hair and face, dress nice, dump the rightious indignation and be polite considerate and non dictitorial and give of your own time and money to help them and they will listen. In the end it's the Congress that created this mess and it's in Congress it will need to get fixed. So rant here, but get active in the real world. Or prepare to keep getting run over!

    1. Re:If you examine the Judges Original ruling by Com2Kid · · Score: 1

      was akin to the anarchist arguing that bomb making was protected because his political opinions were.

      Information on how to make a bomb is perfectly legal though;

      Now USING that bomb IS illegal.

      People shouldn't pirate movies, but it somebody wants to rip their own DVDs and put'em on their HD, transcode them to MPEG4 for size efficiency, and stream them off of a box running an OS of their choice;

      NOBODY, and I repeat, NOBODY should have the right to stop a person from doing that.

      If it is within the sanctity of a person's own home and they are NOT harming ANYBODY AT ALL;

      then it should be allowed.

      Period.

      The DMCA is equivalent to "outlawing people scratching on their walls because it harms the plaster wall industry".

      Or outlawing private citizens owning hatchets because it would harm the lumber industry (they will go down to lumber mills and hack at the lumber and ruin it all, oh nooo!!!!!).

      Quite frankly companies should just not release products with piss poor copy protection.

      Imagine if Boeing made a plane that totally sucked and crashed into the ground all the time.

      And then pushed a law through congress saying that making emergency landings was against the law and that any other plane crashes were obviously the fault of the pilot.

      The planes would still be crashing, but Boeing would now have no encouragement to change things (well outside of financial pressure, but with the case of software it is even more limited, especially since there is not a negative effect upon the consumer as there is with airplanes crashing. ^_^ )

    2. Re:If you examine the Judges Original ruling by tomstdenis · · Score: 1

      People shouldn't pirate movies, but it somebody wants to rip their own DVDs and put'em on their HD, transcode them to MPEG4 for size efficiency, and stream them off of a box running an OS of their choice;

      NOBODY, and I repeat, NOBODY should have the right to stop a person from doing that.

      If it is within the sanctity of a person's own home and they are NOT harming ANYBODY AT ALL;


      Once again this is an issue of actually figuring out what is what.

      When you buy a DVD you are buying a license to view the movie, not own the data on the disc. Or something like that.

      Yeah, in a perfect world you should be able todo that. And personally if you want to I think its ok.

      What pisses me off are these uber-cool l33t-h4x0rz that waste tons of school bandwidth to pirate 15fps 11khz audio crappy movies. Fuck, go buy a DVD, or do what I do

      1. Walk to blockbuster
      2. Rent movie for 5 bucks
      3. Watch DVD
      4. Copy DVD
      5. Encode to two CDs [MPEG-1 at around 1.2Mbps]
      6. Return DVD

      For around 8$ I have a virtually perfect rip [on two CDs] and I don't have to waste tons of bandwidth.

      Tom

      --
      Someday, I'll have a real sig.
    3. Re:If you examine the Judges Original ruling by Com2Kid · · Score: 2, Interesting

      5. Encode to two CDs [MPEG-1 at around 1.2Mbps]
      6. Return DVD

      For around 8$ I have a virtually perfect rip [on two CDs] and I don't have to waste tons of bandwidth.


      I will object to this, I am blind in one eye and have had confirmed video-philes tell me en-masse that I am a dumb shit when it comes to recognizing errors in video;

      but even I can tell ya that a VCD sucks ass. :)

      Now a PROPERLY done MPEG4 encoding DOES INDEED look just like the original source material, and in the case of the BETTER MPEG4 rips the rip can actually SURPASS the source material (Virtual Dub filterchains can work some magic. :) ).

      Now you are likely to be encoding at a fraction of a frame per second when you get to doing this high of quality;

      but oooh is it ever crystal smooth! :)

      Once again this is an issue of actually figuring out what is what.

      When you buy a DVD you are buying a license to view the movie, not own the data on the disc. Or something like that


      Which is the problem.

      Now on my site I actually specify that people are purchasing the rights to 'use' a copy a 3d model from me.

      Now after I give them that model they can do whatever they want with it, within reason. (if I donate it to a GPL cause then if they go closed source and commercial, they are required to pay me, but that about the extent of it). The SOLE purpose of the licensing agreement is to ensure that I can keep on selling that model again and again and again. I am just working on retaining my rights to my artistic creation, that is all.

      But hell once a person HAS a copy of it they can print it up and duct tape it to their asscheecks for all I care. Hell they can duct tape it to their AND all of their friend's asscheecks. Up to them. I am NOT going to try and tell a person what they can do with the model.

      They purchase the right to finitz around with a data set. That is how I see it.

      A data set.

      On a whole 'nother branch of the same tree;

      my house;

      my property;

      f*ck off. :)

      NOBODY SHOULD EVER have the right to DICTATE WHAT YOU DO ON YOUR OWN PROPERTY.

      and indeed this USED TO BE the way that it was.

      If I completely recreated Starwars: The Empire Strikes Back out of colored play dough, a perfect rendition of it, then I could stick that reel of rather oddly textured film wherever I wanted to.

      And NOBODY could stop me.

      Now I could not charge attendance for others to see it, but hell;

      what is mine is mine.

      Same with driving cars on private property. If I want to let a 6 year old child drive a car, assuming I have proper release of liability from the child's parents (or it is my own offspring, which ever) it is my own damn choice, no cop is going to come on to my property and pull the kid over for driving without a license.

      But ah, I decide to use a computer program on MY computer that _I_ built;

      hell even if I made the computer program myself;

      it could still very well be illegal.

      Now I can understand in SOME cases how SOME self constructed objects could be reasonably outlawed.

      Items like nuclear devices, radiation danger and all can spread to others within the community (or worse) and thus no matter how safe I may think I am in building such a device, I do not have the right to endanger my fellow citizens so.

      But watching a movie that has been transcoded to MPEG4?

      Bah;

      Hardly going to give anyone cancer there.

    4. Re:If you examine the Judges Original ruling by tomstdenis · · Score: 1

      Actually I encode at 320x240x29.97fps and it does indeed look very good. Sure if you look upclose you can see the gibbs phenonemen but text/high freq stuff still comes up good.

      At 1.2Mbps MPEG-1 video is suppose to be around TV quality [TV broadcast is 1.5Mbps IIRC].

      Anyways, I am not a videophile. As long as the image is smooth enough [at say 5ft] and I can read the text its all good.

      Tom

      --
      Someday, I'll have a real sig.
    5. Re:If you examine the Judges Original ruling by UnknownQ · · Score: 1

      This is what it's all about, do you really own things that you have bought? The consumers say yes, but some businesses (read: Microsoft among others) say no. The truth is that it doesn't matter what the businesses say because the consumers will find a way to get what they want, and that is why there are many many sites distributing DeCSS, sites that wouldn't have even thought words like warez and piracy. DeCSS can never be stopped and I hope that these lawyers don't get the courts to try.

      --
      Wherever you go, there you are!
    6. Re:If you examine the Judges Original ruling by Anonymous Coward · · Score: 0

      Don't feed the troll.

    7. Re:If you examine the Judges Original ruling by Com2Kid · · Score: 2

      Anyways, I am not a videophile. As long as the image is smooth enough [at say 5ft] and I can read the text its all good.


      Amen. :)

      A lot of VCDs do have horrible sound though, very hollow sounding even on cheap speakers.

      Yuck.

      The better done ones do not though. :)

      Actually I encode at 320x240x29.97fps and it does indeed look very good. Sure if you look upclose you can see the gibbs phenonemen but text/high freq stuff still comes up good.

      Use a good encoder and you can do 512xwhatever x29.97FPS.

      Actualy run IVTC (inverse Telecine) and get your videos back to the PROPER 24 FPS. :) They were likely originalt made at 24 FPS, the remaining frames are all just redudent information that takes up extra bandwidth when encoding, since you are doing things digitaly there is no reason to keep that extra waste. Especialy since most DVD players and what not can play 24 FPS videos just fine. :)

      This is for MPEG4 encoding of course, doing the above with VCDs will likely break the spec (I think,) and is to be avoided.

    8. Re:If you examine the Judges Original ruling by Anonymous Coward · · Score: 0

      Maybe it's ironic, but I have recorded a whole heap of Simpsons episodes and burned them onto VCD. The Simpsons episodes were recorded off the air (from an antenna believe it or not) but the sound was high fidelity stereo. The VCDs that I encode Simpsons episodes to preserve the high quality sound far better than the video content.

      After editing out commercials you get three 20 minute episodes per CD. It's a pretty cheap way to semi-permanently archive TV-grade video.

      I am way-way underwhelmed by DVD. Maybe it's because if I want high quality playback I go to a theatre.

    9. Re:If you examine the Judges Original ruling by Anonymous Coward · · Score: 0

      There must be some way to get them anyhow... surely the whole system can't be bought and paid for? Trying to pay the opposition more probably won't work when the media companies are so rich...

      However, despite the media there being basically the same group behind movies, music and television, there must surely be some groups who'd stand to gain from exposing this? Frankly it sounds like there's a huge amount of bribery (by any other name) going on as far as the political decisions go. In any other developed country, you would have current affairs shows leaping onto exposes of the "corruption of the system", you'd have their political opponents uncovering every scandalous detail and berating them in every speech, and you'd probably have the law courts breathing down their necks for getting involved in shady deals. And the public would happily vote them out for being untrustworthy and failing to act as the representatives of their constituents.

      So many people have something to gain from exposing political corruption - and it definitely turns the public against a politician - so why isn't it happening here?

  26. WHAT THE HELL JUST HAPPENED by numbuscus · · Score: 1

    Ok, what the hell just happened? After posting the previous message, I went back to check out the story about Trent Lott killing a vote in committee today. But the posting was GONE. I then went 'Back' and refreshed, adn it was there? But the URL is http://yro.slashdot.org/

    Am I just getting paranoid or is Slashdot being censored? Please, someone explain.

    1. Re:WHAT THE HELL JUST HAPPENED by Anonymous Coward · · Score: 0

      yer just paranoid. its a db issue, i think.

    2. Re:WHAT THE HELL JUST HAPPENED by roie_m · · Score: 1

      If you're viewing a YRO (your rights online) article and click on the big slashdot icon at the top, you are sent, not to the home page, but to the YRO home page. Same for any other section.

  27. Neither 2600 nor the EFF have skin in this game by joneshenry · · Score: 4, Interesting

    This case is being lost because the movement headed by the EFF simply does not have the incentive to win it. The American judicial system did not become conservative just yesterday, it has always been so. Just in fairly recent American history the African Americans after centuries of reverses in the legal system were able to persuade the Supreme Court to grant relief. In this case the African Americans simply were interested in winning above all. So they did everything they could to put forward good upstanding representatives such as Rosa Parks and Dr. Martin Luther King, Jr. to represent the face of the movement.

    In contrast let's face it, neither 2600 nor EFF are threatened with nonexistence should they lose this case. In fact they are benefitting. Every time the EFF loses a case the movement argues that the solution is to give them more money, this despite a rather suspicious history of the EFF actually being on the wrong side such as the first head of ICAAN being former head of the EFF Esther Dyson. I doubt that 2600 is hurting either from having their name prominently displayed on the Internet news outlets every few weeks.

    In this era of dotcom meltdown and competition is it so unlikely that without this controversy 2600 would be threatened with going out of business? What information exactly does 2600 have that's exclusive to them or is even that interesting anymore?

    In contrast to the naysayers I think it's pretty clear that the Supreme Court takes seriously the First Amendment, and that is the ONLY reason 2600 even has a chance of getting them to review the case. The Supreme Court has for example repeatedly struck down the attempts by the Federal Government to regulate obscenity on the Internet. The Supreme Court is serious about its duties, too bad 2600 is not.

    1. Re:Neither 2600 nor the EFF have skin in this game by rusty0101 · · Score: 5, Interesting

      In contrast let's face it, neither 2600 nor EFF are threatened with nonexistence should they lose this case.

      While this is not strictly about whether or not 2600, or EFF's existance is threatened, there is a prospective problem that has been raised by the case and the judgement.

      The original story that 2600 carried was about how the author of a piece of software was being hassled by the legal system in his country. As the author had made public the software he had created, 2600 collected copies of the software and source code, and made them available on their website. Subsequently 2600 was enjoined through the courts by the MPAA to pull the software and source code from their web site. At that time 2600 published links to other web sites where the software was posted. These links were provided by readers of 2600 for the most part. In some cases the links were directly to the software, in other cases the links were to web pages where the software could be found. The appeal that has been lost at this time is 2600's appeal to be able to continue the practice of linking to other people's web sites with respect to the DeCSS software. After the Kaplan ruling 2600 posted a copy of the ruling, and advised readers that while they were not able to provide links to sites hosting DeCSS information, any interested parties could easily call find hundreds of such sites by typing DeCSS into the "GoTO" search engine, which is hosted by Disney, one of the petitioners in the case. So the judgement can be interpreted to read that the petitioners can tell you where to find this software, but the defendent is not allowed the same privledge.

      I am aware that a lot of people are commenting that the DeCSS.exe program is a Windows program, so obviously it has nothing to do with Linux. In any effort to put together a tool for Linux, the author of parts of that tool, or package, needs to verify that the algorythims work. At the time the developer of DeCSS came up with the code that was ready to be tested, there was no way to read a DVD disk in Linux. (I may be wrong here, however this has been my interpretation of the arguments presented.) At the same time, DVD disks could be accessed in the Windows environment. The author did the logical thing, he compiled his algorythems into a Windows executable, with the necessary front end, and tested. It is this software that has been made available, and is found in the DeCSS.exe package.

      On top of that, I have a hard time believing that the program would not run under Wine without any re-compiling, though I have not tested it.

      The potential big problem this presents for the press is that Kaplan has set the precedent that if some media conglomerant decides that a story is detrimental to their situation, they can petition the courts to tell the periodical hosting that story how to present the relevant parts of the story. Theoretically if someone on /. finds out that there is a picture of one of the heads of the MPAA in a comprimizing situation, the MPAA can petition the courts to have /. rephrase the story so that it could read there is a picture of Mr. V in some compromising situation out on the internet now. Go to Google and serach for "mr. v compromising". and point back to the 2600 case as the precedent, and it will have been upheald by the Supreme Court.

      Then again, IANAL, I could be wrong.

      -Rusty

      --
      You never know...
    2. Re:Neither 2600 nor the EFF have skin in this game by Anonymous Coward · · Score: 1, Interesting

      Actually though, the cost of the lawsuit, if 2600 loses, will probably shut them down.

    3. Re:Neither 2600 nor the EFF have skin in this game by T.Hobbes · · Score: 3, Insightful
      I'm with you until the last paragraph, where you say
      Theoretically if someone on /. finds out that there is a picture of one of the heads of the MPAA in a comprimizing situation, the MPAA can petition the courts to have /. rephrase the story so that it could read there is a picture of Mr. V in some compromising situation out on the internet now.

      So far as I can tell... the foundation for the MPAA's case is that DeCSS was a 'tool' for people who stole their copyrighted works - that was why posting, and then linking to, DeCSS was interpreted as a crime in the first place. The defence was based on at least three central points. First, that DeCSS was legitimate to be in possession of, as it was useful as a tool to use content already paid for; moreso, as it was the only way to access such content on particular players (Linux DVD drives). Second, that computer source code is protected speech (I'm not sure if they only argued for symbolic code (C, C++, Java; assembler for your chip of choice) or bianary code (1100, etc.)) as it was a form of written communication, albeit encoded. Thirdly, linking to other websites from your own site does not just imply that you condone or encourage what the linked-to site has in terms of content.

      The prosecution would somehow have to argue that the comprimising picture was illegal. Seeing as tabloids flourish (with many a unwanted photo) and there is nothing inherently useful about having a photograph in computer code except for the ease of distribution, the example may be a bit pessimistic. I may be wrong; some places have privacy laws that might cover such distribution. Either way, the disputed data must be illegal in some way. Or so I read it.

      On the other hand, IANAL either.

      P.S.DeCSS. The US may be the land of the brave, but Canada is the home of the free :)

    4. Re:Neither 2600 nor the EFF have skin in this game by Anonymous Coward · · Score: 0

      "The American judicial system did not become conservative just yesterday, it has always been so."

      If the court is conservative, then how do you explain them siding with liberals in Hollywood. There are only a small handful of well known stars that contribute to the GOP. When it comes to business, conservatives are usually on the side of laissez-faire (less interference).z

    5. Re:Neither 2600 nor the EFF have skin in this game by Anonymous Coward · · Score: 0

      the foundation for the MPAA's case is that DeCSS was a 'tool' for people who stole their copyrighted works

      Whoohoo! That makes my pencil sharpener illegal 'cause it could make a pencil sharp enough to kill somebody with.

  28. Re:What a crock of shit by NoMoreNicksLeft · · Score: 1, Offtopic

    How is it barbaric or inhumane? The poster actually implies he wish those people didn't die, and that corrupt public officials would... what is wrong with that? That he was wrong about the death toll is secondary, and rather "nitpicky" imo.

  29. maybe you guys should wake up by Napalmstrike · · Score: 2, Insightful

    This hardly just ties into the DMCA, and the music and movies industry. It ties into a far larger picture, that of the decaying public trust in the gov't, and worse yet, the courts.

    As Americans, we've liked to think of the courts as a neutral element in our politics, one that cannot be so easily swayed by money grubbers and the bands of lawyers and lobbyists they employ. I still remember how commentators noted that perhaps the most serious damage done in the Bush/Gore election was that a large segment of the population quietly lost faith in the judiciary's ability to stay apolitical--that they too can, and will, play political football.

    Here, in light of the DMCA, we have seen how campaign contributions have been used to push a bill thru Congress, ultimately affecting a ruling in court, with the aid of their own high-priced lawyers.

    So why should you give a damn? Because perfectly legitimate actions are being illegalized! When this happens, people simple don't give a shit about the law. And when people start with that attitude, the law loses authority, and the government's claim to righteousness is eroded.

    In the end, everyday hackers like you and me will simply not shit about what's "right." Because we feel that we've been wronged, everything is now fair game. And believe me, vigilante rule, all of this every-man-for-himself mentality that might spew forth--it scares the shit out of me, cuz we might not win.

    --
    I'm bored, lets go break something.
    1. Re:maybe you guys should wake up by GigsVT · · Score: 2

      cuz we might not win.

      We will.

      Collectively, we control the Internet, we control every company's data. We control their payroll, their accounting, their ordering, their web site, in some cases, their phones.

      Geeks have the power to stop the world in it's tracks if we need to. We will prevail, because we can hold the world hostage with the technology that it depends on.

      The government really doesn't want to drive us to civil disobediance, because we can be incredibly effective at it if we have to.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:maybe you guys should wake up by Anonymous Coward · · Score: 1, Funny

      We will. Collectively, we control the Internet, we control every company's data. We control their payroll, their accounting, their ordering, their web site, in some cases, their phones. Geeks have the power to stop the world in it's tracks if we need to. We will prevail, because we can hold the world hostage with the technology that it depends on. The government really doesn't want to drive us to civil disobediance, because we can be incredibly effective at it if we have to.

      Now that would be comedy, if on a set date as many techies as possible went on strike all across the globe, all at the same time (or atleast the Americans.. but Im sure others would like a day off too :) )

      Watching the world come to a stand still would be divine, and that would really show governments whose in charge!

  30. Re:Errr. . . . Civil disobediance by Com2Kid · · Score: 1

    I swear, the shit that comes out of geeks' mouths when they start talking politics is appalling.

    What the hell did you expect on slashdot, x-stian conservatives?

    (well aside from the trolls that is, they do a pretty darn good x-stian conservative routine. ^_^ )

    The next step is to elect a new legislature.

    Got that done in Washington State, Maria Cantwell is senator here, unfortunately it is a bit hard to find self made millionaires who are on top of both technological and environmental issues and who are willing to go completely broke just to keep their campaign clean.

    If you DO find a large willing pool of such candidates though, by all means convince them to run for office. :)

  31. Re:Is this any surprise? by NoMoreNicksLeft · · Score: 1

    Funny, I didn't realize that you're allowed to imagine some hypothetical sale, then search for someone that makes such imaginary sales unlikely and call it "stealing".

    The Appeals Court doesn't "think". It simpls follows the instructions that were recieved with the bribe money.

  32. decss by Anonymous Coward · · Score: 0

    efdtt.c Author: Charles M. Hannum <root@ihack.net>
    Thanks to Phil Carmody <fatphil@asdf.org> for additional tweaks.
    Length: 434 bytes (excluding unnecessary newlines)
    Usage is: cat title-key scrambled.vob | efdtt >clear.vob

    #define m(i)(x[i]^s[i+84])<<
    unsigned char x[5],y,s[2048];main(n){for(read(0,x,5);read(0,s,n= 2048);write(1,s
    ,n))if(s[y=s[13]%8+20]/16%4==1){i n t i=m(1)17^256+m(0)8,k=m(2)0,j=m(4)17^m(3)9^k
    *2-k% 8^8,a=0,c=26;for(s[y]-=16;--c;j*=2)a=a*2^i&am p;1,i=i/2^j&1<<24;for(j=127;++j<n
    ;c= c>y)c+=y=i^i/8^i>>4^i>>12,i=i>&g t;8^y<<17,a^=a>>14,y=a^a*8^a<<6, a=a>>8^y<<9,k=s
    [j],k="7Wo~'G_\216"[k&7]+2^"cr3sf w6v;*k+>/n . [k>>4]*2^k*257/8,s[j]=k^(k&k*2&34)
    *6^c+~y;}}

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

      [localhost:~] anonymousc% gcc -o efdtt efdtt.c
      /usr/bin/ld: Undefined symbols:
      _main
      [localhost:~] anonymousc%

    2. Re:decss by Anonymous Coward · · Score: 0
      Two things:
      1. EfDTT, by itself, is moderately useless. It doesn't have the CSS decryption tables, so you have to figure out the title key yourself using the tables from the original DeCSS program (or, depending on the DVD, a new version that doesn't use the Xing player key). This version is (AFAIK) the shortest one that can decrypt a DVD without being provided with a title key.
      2. How in the unholy flying fuck did you get that past the lameness filter?
    3. Re:decss by Anonymous Coward · · Score: 0

      >2. How in the unholy flying fuck did you get that past the lameness filter?

      The original had a comment block in the beginning - the lameness filter didn't like the extra spaces and /* */'s. But it liked the code- go figure!! It did mess up the last line a bit around the \n, even though I selected 'code', not 'html'

      1. Thanks for the info!!!

  33. Utility deCSS.exe by indiigo · · Score: 1

    hahah.... Wired even posted the utility IN THEIR NEWS ARTICLE! Way to go!

    --
    fslg503-985-8686503-985-8686503-985-8686503-985-86 8650 3-985-fdsg8686503-985-8686503-985-8686503-9
    1. Re:Utility deCSS.exe by zCyl · · Score: 2

      Wired even posted the utility

      2600 has a shady reputation, Wired has an upright-citizen reputation. The way our courts work, you go after the shadiest perpetrator of the crime you can find first, and try to set a precedent (because, sadly, nobody minds finding disreputable characters guilty). Once you have a precedent set, you can scare the others into submission.

  34. COPY ANY DVD MOVIE! by linefeed0 · · Score: 1

    Hey, spammers haven't gone away despite perhaps greater and more prolonged efforts... now that they're on our side, we can't lose, right?

  35. Hardly surprised‮(gnitseretnI ,5:erocS) by The+Plan+9+Bunny · · Score: 1

    Who amongst us can be surprised by this shit? I don't care what anyone says, 2600 hardly has a good reputation, and the courts have not been kind of them.

    SupCo will shit upon them, and perhaps that's all just as well.

    Regarding the business of the Million Geek march -- can we come up with something a little fucking original? Why does everyone have to copy the Million Man march? Worthless sods.

  36. Re:Is this any surprise? by xonker · · Score: 1

    Don't you people think that stealing from the DVD playback machine makers' is also illegal?

    Excuse me? Where the hell do you get this? Using DeCSS to play a DVD on Linux isn't stealing from anyone. If I have a computer with a DVD drive and I want to play a DVD under Linux it doesn't harm anyone.

  37. Re:What a crock of shit by dh003i · · Score: 1, Offtopic

    3000 people that we know of. So I overstated things.

    So, according to you, its inhuman to wish that -- if someone had to die, as is the case when the World Trade Center gets blown up during working hours -- the people that died were sick evil fucks as opposed to honest good citizens? Corrupt politicians, corrupt judges, rapists, murderers, child-molesters, and other criminals, as opposed to honest law-abiding citizens? The slime of the earth like these fucks at PETA, CC (Christian Coalition), NAMBLA, RIAA, and the MPAA, as opposed to honest law-abiding citizens?

    If you say no to this, then you're saying you'd rather have the honest law-abiding citizens be dead.

    Of course, your position is you wouldn't wish anything cruel on anyone. Bleeding-heart crap in my opinion, but if that's what you think.

    You obviously don't put values on lives; I do. Do you really think that the life of sick fuck's like these pedophile priests, are better than the lives of people like say Colin Powell, an honorable man who fought for his country, and then later for children?

    I'm not going to get nitty-gritty about it, but I'll say this much: I'd rather sick evil fucks die than ordinary people. Btw, I hate to use the word evil, b/c I associate it with Christian crap, but "sick evil fuck" is something George Carlin said, so that cleanses it of any religious crap.

    Of course, in regards to the WTC, not all 3000 people who died were necessarily law-abiding citizens. But on average, the group was filled with good people.

    If the terrorists had targetted a prison where they keep the worst offenders instead of the WTC, I would've been celebrating.

    Call me whatever you will. But the fact is, 3000 people were going to die. It's only a matter of who died. The living victims of 9/11 probably wish it wasn't their family members who died -- in other words, wish it was someone else. Do you think they're inhumane too?

    The fact is, we all put value on life, whether we want to admit it or not. Everyone values their family first, then friends. Most people value normal citizens over crooks.

    Another nice side effect, were it a prison that were bombed instead of the WTC, is that there might not have been a war. GW Bush probably would've been secretly pleased, as would every other politician, had the terrorists somehow lost control of the plane and crashed into a prison (at a time when the gaurds/workers are gone, of course).

    At least I have the courage to say what we all think and believe. You're just saying politically correct crap to up your "karma" or whatever.

  38. My guess is the Supremes probably.... by apc · · Score: 3, Informative
    won't grant certiorari (the appeal). Until the issue comes up again in another circuit, they won't see any reason to rule on it. The Supreme Court takes an incredibly small (about 100) number of cases a year, from the thousands and thousands which make it up to the (13) Circuit Courts of Appeals and (50+DC, PR, etc.) State Supreme Courts. Unless two courts in different parts of the country are in conflict, or the law is clear enough to rule on it now, it just won't be a priority for them-- and it takes 4 justices to decide to hear a case (out of 9).

    In a sense, I'm not sure that if I were the EFF that I'd want this to be the case in front of the Supreme Court. Don't get me wrong, I've met Emmanuel Goldstein a couple of times and he's a great guy, but to the non-geek straight world he's a Bad Criminal Hacker, not a journalist. You generally would like to have a case with a more sympathetic client before taking it up to the Supreme Court, which is why the Princeton prof or the Russian programmer writing software for the blind would have been better for us. It's too bad for 2600 if it loses, but it's worse if it loses at the highest possible level and screws up a better chance down the road for the Supreme Court to see just how terrible this law can be. Contrary to popular belief, the Supreme Court doesn't reverse themselves all that often (and the most famous time they did-- Plessy v. Ferguson being overturned by Brown v. Board of Ed of Topeka, took 58 years).

    (IAAL, but this is just a prediction. YMMV.)

    1. Re:My guess is the Supremes probably.... by dvdeug · · Score: 2

      (and the most famous time they did-- Plessy v. Ferguson being overturned by Brown v. Board of Ed of Topeka, took 58 years).

      But Minersville School Dist. V. Gobitis (1940) was overturned by West Virginia State Bd. of Educ. v. Barnette (1943) in just three years, and unlike Plessy v. Ferguson, this doesn't radically effect whole social systems.

    2. Re:My guess is the Supremes probably.... by Anonymous Coward · · Score: 0
    3. Re:My guess is the Supremes probably.... by apc · · Score: 2
      But Minersville School Dist. V. Gobitis (1940) was overturned by West Virginia State Bd. of Educ. v. Barnette (1943) in just three years, and unlike Plessy v. Ferguson, this doesn't radically effect whole social systems

      True, (though that involved one of the most conservative justices ever, McReynolds, leaving the bench in the interim) but I could still point you to far more examples of idiotic Supreme Court decisions that have stood because the Court doesn't have the guts to reverse itself than situations like Barnette where WWII gave them an excuse to rethink. To use some other First Amendment examples (which tend not to affect millions of schoolchildren) to go with your Barnette example, keep in mind that Beauharnais v. Illinois (1952, I think) is still on the books (group libel) despite nearly unanimous criticism from Justices and First Amendment scholars. So is Chaplinsky v. New Hampshire (1942, guy getting arrested for "fighting words" because the cops didn't like that he was calling them fascists).

      I think that we can agree that it's better to win the first time....

    4. Re:My guess is the Supremes probably.... by Anonymous Coward · · Score: 0

      You generally would like to have a case with a more sympathetic client before taking it up to the Supreme Court, which is why the Princeton prof or the Russian programmer writing software for the blind would have been better for us.

      Since you claim you are AL, you'd know that fact finding is conducted by the district court, not on review. And so the sympathy a client might engender is not useful on appeal.

    5. Re:My guess is the Supremes probably.... by inertia187 · · Score: 1

      So how many circuit courts were dealing with parody issues when the Supreme Court took up People vs. Larry Flint?

      --
      A programmer is a machine for converting coffee into code.
    6. Re:My guess is the Supremes probably.... by apc · · Score: 2

      Yes, all fact finding is conducted by the district court-- which is entirely why this is a bad case for Supreme Court review. Did you actually read the lower court opinion? The way the facts are presented in the lower opinion were entirely unsympathetic-- look at pages 15-17 of the opinion. He's described as a "leader of the hacker community"-- not a journalist-- showing people how to hack, to steal domain names, and to tap cell phone calls, That bad view of Goldstein by necessity carries itself up on appeal.

    7. Re:My guess is the Supremes probably.... by theCoder · · Score: 2

      The EFF lawyers just have to work really hard to sell the case to the Court (specifically one of the justices' law clerks). Their appeal must be a clear constitutional issue (1st amendment) and they should probably use the phrase "prior restraint" a lot. Of course, IANAL, so what do I know...

      I agree that getting certiorari from the Court and then losing is worse than not being heard at all. The Court does sometimes reverse itself, but it does seem to hate to admit that it was ever wrong (even when it reverses itself). So if the EFF does try to go to the Court, they better be sure they can win.

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
    8. Re:My guess is the Supremes probably.... by Anonymous Coward · · Score: 0

      Do you mean Eric Corley?

      'Emmanuel Goldstein' is one of those 'handles' that were popular in the CB Radio era, and still have charm with certain of the more juvenile members of the online community.

  39. Re:Errr. . . . Civil disobediance by numbuscus · · Score: 1

    If I remember correctly, Cantwell is an ex-exec of RealNetworks. That would put her in the same corner as the record companies and DMCA lovers. Real has enough clout to get the rights to produce DVD software.

    I understand what you're talking about. However, if the record/media companies own all of the networks, etc. what gives you the idea that they will ALLOW anti-DMCA types to play campaign ads on their stations? It's free speech, remember - they can put any voice forward that they wish - and that voice will slowly become more and more an echo of their corporate line.

  40. Not true by prockcore · · Score: 2

    "If I have a computer with a DVD drive and I want to play a DVD under Linux it doesn't harm anyone."

    Not true... you could be hurting yourself and others around you, if that DVD happens to be Tomb Raider or Glitter.

    1. Re:Not true by Anonymous Coward · · Score: 0

      In that case, it would be the MPAA's and studios' fault that we can harm ourselves with DeCSS since they produced the movies. They did something illegal. Shut 'em down.

  41. The Librarian of Congress by Henry+V+.009 · · Score: 2

    Under the DMCA, the Librarian of Congress has the power to declare whether there are substantial non-infringing uses of a decryption technology. Should we be lobbying that person on the side?

    1. Re:The Librarian of Congress by Seth+Finkelstein · · Score: 2
      You mean the

      "Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works"

      Already happened, and it'll be a while before it can be lobbied again. It only applies to doing circumvention, not to technology.

      Take a look at the formal text (I'm mentioned twice! :-) ) at

      Recommendation of the Register of Copyrights and Determination of the Librarian of Congress, 65 FR 64555, October 27, 2000

      For example:

      A review of the factors listed in 1201(a)(1)(C) supports the creation of this exemption. Although one can speculate that the availability of technological protection measures that deny access to the lists of blocked websites might be of benefit to the proprietors of filtering software, and might even increase the willingness of those proprietors to make the software available for use by the public, no commenters or witnesses came forward to make such an assertion. No information was presented relating to the use of either the filtering software or the lists of blocked websites for nonprofit archival, preservation and educational purposes. Nor was any information presented relating to whether the circumvention of technological measures preventing access to the lists has had an impact on the market for or value of filtering software or the compilations of objectionable websites contained therein. However, a persuasive case was made that the existence of access control measures has had an adverse effect on criticism and comment, and most likely news reporting, and that the prohibition on circumvention of access control measures will have an adverse effect."

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

    2. Re:The Librarian of Congress by ivan256 · · Score: 1

      That text is very narrow in scope. It talks only about censorware list decryption. That was the correct decision to be made in that case, and video decryption is a whole different story. With video, the content is different for every creation. With censorware, every product needs to be able to filter out the same list of sites, so the makers of censorware need a protected way of hiding their lists, otherwise someone could just walk off with their investment. With video, each product is unique and viewable by nature, and there is no clear reason to deny fair use rights.

      This, like many things you post about, has nothing to do with censorware. I know that the issue is important to you, but there is no reason for you to lead a discussion off topic for your own manipulative reasons. If you really cared about all the censorware crap you are whining about all the time, you would go and do something, instead of bitching about how Michael "screwed" you. He owns the censorware.org domain, and you don't. Go get your own domain, and put all that effort into something useful instead of bitching all the time. Imagine the difference you could make if you weren't being a whiny baby all the time. The more you bitch about it the less persuasive your argument is. If it the censorware crap really mattered to you, then you would be out doing somthing with your time instead of going out of your way to run a smear campaign. You loose credibility every time you manually paste your obnoxious sig into a post.

    3. Re:The Librarian of Congress by Seth+Finkelstein · · Score: 5, Interesting
      This, like many things you post about, has nothing to do with censorware.

      That is incorrect. The original question concerned. Librarian of Congress exemptions. I am quite familiar with that topic, having played a role in establishing one of the only two DMCA exemptions granted. Those two exemptions were for obsoleteness and for censorware. I then quoted part of the actual text of the exemption to demonstrate how narrow was the exemption granted. I suppose I could have quoted the text for the obsoleteness exemption, but given a choice, why not use the relevant topic dear to my heart?

      So you are mistaken, it was written in direct and accurate response to the original poster's question.

      Of course, I talk about censorware a great deal. I've done much of the pioneering work on that topic. And if I may say so, I'm expert about it and familiar with the relevant legal issues surrounding it. And these legal issues strongly connect with the DMCA, per above.

      I usually don't reply to personal attacks in these threads. But since you're not a troll, and it is arguably on-topic, I'll make an exception here.

      Regarding going up against the DMCA myself, well, just how eager would you be to take legal risk in my place, given that Michael Sims has done actions such as What Happened To The Censorware Project (censorware.org) ? That's an extremely serious question. This isn't a game. It's not a silly flame-war. Note what this story is about - 2600 has lost at every LEGAL level, been outright flamed by the judge in the original case decision, and DeCSS cases have even had comments from Slashdot postings used against them. The smears you mention, have been against me. If I take too much legal risk, as sure as the other side has lawyers, it's all going to be in their court evidence. So I feel heavily constrained as to what I can do to fight the DMCA, in large part because I have to worry about a Slashdot editor who has already shown he's extremely willing to abuse power for revenge.

      Maybe I'll get modded down for this, but it's late, and I'm tired. It's not a nice topic. But going to jail over the DMCA is far worse. And I didn't take any vow of silence about Michael Sims.

  42. Shhhhh!!! Duh! by GMontag · · Score: 3, Funny

    The first rule of Operation Total Chaos is that we do not talk about Operation Total Chaos.

    SO SHUT UP!

    1. Re:Shhhhh!!! Duh! by Com2Kid · · Score: 2

      The first rule of Operation Total Chaos is that we do not talk about Operation Total Chaos.

      SO SHUT UP!


      ::notes that this would explain the lack of communication between parties::

      Jeff Vogal for President!

  43. Re:Huh by Anonymous Coward · · Score: 0

    You're talking about Michael here. He cares about your "Rights Online" more than Joselyn Elders cares about the "cheeeldren".

  44. Your laptop could already play DVDs by joneshenry · · Score: 2

    In all probability your laptop already came with some version of Windows which could play the DVDs. It was your choice to wipe it off and replace it with an OS that was incapable of using the hardware. Would it have killed you to have kept Windows in a dual-boot system when you already paid for it in the Windows tax? I read Linux zealots using this logic all the time against FreeBSD exhilarating that the GPL is keeping some driver support from FreeBSD.

    I just don't get the sheer obstinancy of some people who seem to think that using computers should be equivalent to Homer Simpson's repeatedly hitting his head against a brick wall. If using Microsoft's products kills you so much why didn't you buy a Mac, a machine that can play DVDs just fine AND whose OS is derived from Unix.

    1. Re:Your laptop could already play DVDs by danny · · Score: 2
      I have never run Windows (the first computer I bought in 1993 ran Linux) and I buy my machines "bare", without an operating system. Sure, I'm in a minority, but don't try to pretend that people like me don't exist.

      Danny.

      --
      I have written over 900 book reviews
    2. Re:Your laptop could already play DVDs by div_2n · · Score: 1

      Because I want choices. Forcing me to use an operating system to perform a task takes the power for me to choose my methods of being a consumer and places them in the law's hands.

      All I want is to use something I have already paid for in a way that is legal. Watching my DVD's on a Linux box is NOT illegal in and of itself. They are trying to make it so by outlawing DeCSS. Let's be honest about it. It isn't the tool that scares them. It is the fact that they have no control over it. That is really what this is all about--control. Anyone who thinks otherwise is blind to the truth.

      THAT is why I sing praises for Linux and speak the truth of Microsoft. And the truth shall set you free.

    3. Re:Your laptop could already play DVDs by MrHat · · Score: 2

      What hardware is it incapable of using? DeCSS is a software descrambler, used by software decoders to play DVDs. Hardware decoders, in all likelyhood, have CSS implemented in hardware. There's no technical reason for any OS to be unable to play DVDs on suitable hardware; don't make it sound that way.

      Anyway, you're forced to pay the "Windows Tax" in the vast majority of computer purchases for the same reason you can't legally play DVDs on a free OS - a single company/cartel has colluded with its peers, using closed technology and contractual agreements to ultimately fix prices and enhance their bottom line.

      I just don't get the sheer obstinancy of people who happily take it up the ass from media companies, and even advocate that others do the same. I don't watch DVDs, I don't own any DVD players or drives, and I sure as hell shouldn't have to buy new (less powerful, more expensive) computers and operating systems to get around a purely political limitation.

      By not giving the MPAA and its licensees my money, it's killing them. It sure isn't hurting me.

  45. Digital bluuuues... by Mulletproof · · Score: 1

    Oh, don't worry about all this. It's all going the same way as MP3 anyway. Soon, Spiderman 5 will be easily gotten on Mapster, the online movie sharing source and we'll go through this entire process all over again. It's a battle the DMCA can't win. It won't be long before the damn thing is struck down anyway. It's way too open to interpretation.

    --
    You need a FREE iPod Nano
  46. Re:Errr. . . . Civil disobediance by Com2Kid · · Score: 1

    I understand what you're talking about. However, if the record/media companies own all of the networks, etc. what gives you the idea that they will ALLOW anti-DMCA types to play campaign ads on their stations? It's free speech, remember - they can put any voice forward that they wish - and that voice will slowly become more and more an echo of their corporate line.

    It is highly unlikely that a candidate will get elected on any sort of anti-DMCA issues, and it is doubtful that a candidate would even air their opinions on the DMCA in public at all.

    It is more of one of those things that you kind of have to guesstimate about a candidate.

    Well that and Maria Cantwell has also fought against other tech-censorship laws in the past and has a pretty darn good track record as being pro-dothings. :)

    She actually made a formal statement today commenting on how dog assed slow one department or another here in Washington State was moving in just making an official plan of action, hehe. I loved that, it is a major gripe of mine that most government bureaucracies take soooo long to even think up of a solution for a problem that by the time that they DO think up of even possible course of action to take in SEEKING a possible course of action, hell, the problem has long since gotten far worse. ^_^

  47. Re:FT.com explains it best by Anonymous Coward · · Score: 0

    They make a good point, but I don't agree with the article. It seems like they expected too much.

  48. The fact of the matter by a3d0a3m · · Score: 2, Insightful

    The court rules on the law. It interprets the law. It doesn't change the law unless the law violates the constitution. It can clarify a law, but in this case, the court decided that DVD decrypting software was illegal. I don't think that anyone will disagree that that software is in violation of the DMCA and they have also decided that the DMCA isn't unconstitutional.
    If you're still angry about this decision, your next step is to contact your local senator and tell him or her your feelings on the DMCA and what you think they-- as your elected representative, should do. It is an election year afterall. Findout their stance on the issue and vote for someone who accurately represents your wishes!

    adam

    1. Re:The fact of the matter by eclectro · · Score: 1

      The problem that I have talking with elected representatives is that when you mention "DMCA" is that if their eyes aren't glassed over the end up rolling them. It's such a low priority for them that they won't bother giving it any thought.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  49. HTML version of Kaplan ruling, Openlaw, OpenDVD by Seth+Finkelstein · · Score: 3, Informative
    Before anyone mods this down as redundant, note the links given in the article above go to the official PDF versions of the Kaplan ruling. That's proper, but the following unofficial hyperlinked version is much easier to read:

    http://eon.law.harvard.edu/openlaw/DVD/NY/trial/op . tml

    This is part of Harvard's Openlaw site, which has an excellent OpenDVD section

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

  50. The DMCA is well deserved by fini · · Score: 1

    I don't see any mass uprising against the DMCA or against anything for that matter, so it means that the people approve it, at least by default. Joe Average doesn't care about such basic things as universal health care, a decent public education or a clean taxation system. Joe Average doesn't bother to understand those problems or to vote when all it takes is 2 hours driving to and from the polling station once every 2 years. Joe Average just grunmbles against Washington and "all those corrupt bastards" and doesn't give a shit.

    So, why should you care ? When one considers the apathy of our citizens on a whole slew of issues far more important than DMCA and far easier to understand, there's simply no point fighting against DMCA. DMCA is just perfect for those sheeps. Let them eat pre-processed corporate mush. That's all they deserve.

    America, Land of the Free, Home of the Brave.

    --
    SNS Not Sig
    1. Re:The DMCA is well deserved by Svartalf · · Score: 2

      "I don't see any mass uprising against the DMCA or against anything for that matter, so it means that the people approve it, at least by default. Joe Average doesn't care about such basic things as universal health care, a decent public education or a clean taxation system. Joe Average doesn't bother to understand those problems or to vote when all it takes is 2 hours driving to and from the polling station once every 2 years. Joe Average just grunmbles against Washington and "all those corrupt bastards" and doesn't give a shit.
      "


      That's because Joe average doesn't know about the DMCA and other very wrong laws- nor does he understand what the law being on the books means to him. Once explained, that travesty that Hollings calls a bill, draws very negative reactions from people- they just didn't know about it or what it meant to them. The same goes for the DMCA- it was QUIETLY done and the average person doesn't even know it exists. If they did and you explained to them what was made illegal- they'd more often than not be very pissed off.

      As for voter apathy- I'll sum it up for you:

      Nobody thinks they can change the system- for better or for worse. The people running for office are more often than not the flip sides of the same corrupt coin. So, if that's the case, why bother voting if the deck is heavily stacked in favor of the people already richer than anyone else and the people in power?

      Right or wrong, that's what it seems that a lot of people think these days. If you've got that as a viewpoint, it becomes really hard to make a stand or anything else. It would take something heinous to get them to act.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  51. Re:Errr. . . . Civil disobediance by numbuscus · · Score: 1

    It is highly unlikely that a candidate will get elected on any sort of anti-DMCA issues, and it is doubtful that a candidate would even air their opinions on the DMCA in public at all.

    That's true - at least currently. However, if we are talking about an issue that will put people in the streets in protest (hence the 'Civil Disobediance'), then at that point the DMCA would become a major subject of political debate and would be a campaign topic. Remember, during the Civil Rights protests in the 60s, most major (Northern) newspapers and TV channels were in favor of the demonstrator's views. They published clashes with police and major marches on Washington, etc. This helped change the minds of many Americans who wouldn't really be directly affected by the outcome - at least in the near term. Americans love a good rebellion (Star Wars). What happens if they never hear about it though? What happens if public debate becomes non-existent? It's already headed that way. Scandal is all that pulls the local news channels away from their 'style' and 'sports' and 'weather' segments. Shit - it's the same as in China (from what I understand, most there don't even know about Tiannamen (spelling) square and the only real anti-government rallies have been the Falun Gong and anti-corruption oriented, which were bother scandals in the PRESS).

    I loved that, it is a major gripe of mine that most government bureaucracies take soooo long to even think up of a solution for a problem that by the time that they DO think up of even possible course of action to take in SEEKING a possible course of action, hell, the problem has long since gotten far worse.

    Well, I don't really believe that governments are supposed to act fast or SHOULD act fast. Except in the case of war. Think about it. If they acted fast, a governor or president or whoever could call up the 'Bureau of Screwing Citizens' and say they wanted something done. Before we know it, something very unpopular could be done and without the proper public discourse. I agree that much of the government needs streamlined and to be made more transparent - but not FAST.

    Cheers...

  52. What a bunch of morons! by GuNgA-DiN · · Score: 4, Funny

    It is a really good thing that the court has protected the movie studios by stopping people from linking to DeCSS!. I mean what kind of chaos could ensue if people could link to and find a copy of this evil program? I mean even companies like Disney would go out of business if people kept distributing this program! I am so glad that linking to DeCSS is a crime! I feel much safer now.

  53. Re:2600's response by Anonymous Coward · · Score: 0

    of course it will make a difference. The stench will linger for days.

  54. Hey! by fishexe · · Score: 1

    Tomb Raider and glitter are just as dangerous under windows, dammit!

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  55. Re:Errr. . . . Civil disobediance by Com2Kid · · Score: 1

    Well, I don't really believe that governments are supposed to act fast or SHOULD act fast. Except in the case of war. Think about it. If they acted fast, a governor or president or whoever could call up the 'Bureau of Screwing Citizens' and say they wanted something done. Before we know it, something very unpopular could be done and without the proper public discourse. I agree that much of the government needs streamlined and to be made more transparent - but not FAST.


    Issue was dealing with what to do with a stranded whale.

    Discussions have been ongoing for 2 months.

    People are getting worried that the Whale will die before anybody decides what to do.

    In another example;

    Ten years 'planning' so far for a (insert current hip modern mass transit system of choice here).

    They are SLOOWLY getting there, but each time they revise their plan it gets less and less useful.

    Entire NATIONS have built mass transit systems faster then this one section of a State can even AGREE on something to do.

    Not that voters have not passed "Get it the hell done" resolutions.

    Which they have indeed done;

    more then once.

    But the planners keep on planning, trying to please everybody.

    Hell I say shove it down the middle of the most busy streets, put stops where most people go to work at and in all of the major commercial centers (those big ass things called SHOPPING MALLS for instance. . . .) and be done with it.

    Yeesh.

    What ever happened to the government requisitioning land in the name of progress?

  56. Image and the trial that never was... by aliens · · Score: 1

    It was submitted above that the judge thought poorly of the case prior to it being brought to the court. It certainly did not help to try and replace him, when several lawyers I discussed this with said it was suicidal.

    Then the whole image problem came about. I wasn't there, but someone said that one of 2600 lawyers had an earring. I'm all for self expression, but that's just not professional imho. You will not beat them if you bring your rules along.

    Could we have gotten a bunch of business men to attend the trial? It's all about the $$$ my friends.

    We'll get them next time

    --
    -- taking over the world, we are.
  57. Goat Sex Alert !! by Anonymous Coward · · Score: 0

    Do not click the link above! It goes to a new Goat Sex page! If you click the link you will get a gaping wide asshole staring you in the face!

    Remember:

    Goatse.es.org == bad !!!

    (Mod me down.. but, mod the parent into oblivion!)

  58. Re:Is this any surprise? by morcheeba · · Score: 2

    That's the kind of argument DOJ was trying to make and the MPAA ate up: "DeCSS is a digital crowbar."

    In that case, I propose that we apply the exact same restrictions to DeCSS that we apply to crowbars.

  59. Re:Errr. . . . Civil disobediance by Anonymous Coward · · Score: 0

    Too bad we don't live in the old 1950s, when the government could convert your entire block into 8 lanes of concrete and a radioactive landfill with barely a letter in the mail. The beginning of Hitchhiker's Guide wasn't just a funny setup.

    The net result of that was a system that was rigged so that basically anyone who bothers to get off their democratic ass can stop a project. Net result is lots of 'planning' (legal and political CYA for the inevtiable lawsuits).

  60. Re:What a crock of shit by Bobzibub · · Score: 2

    Ya know, those nicely dressed folks that come knocking on your door tomorrow --won't be the Mormans. ; )

    I think it is safe to say we are all a little pissed. I don't believe, however, that you'd wish death upon many of the worst weasles that cross our path. (Even Mr. Valenti & friends!)

    I humbly suggest that a useful way to channel that anger is to design and code. True, RIAA members are powerful and can manipulate the legal system to their own ends. But they are not simply fighting legal battles here, they are fighting technology and that is where we have a huge advantage.

    So the next time the RIAA/MPAA members and friends crack open the champagne (and it will happen again), crack open your favourite caffinated beverage and help write something to thwart them, because this is how they will be defeated.

    The DMCA is being replicated in Europe and world wide via WIPO. There is no fighting it in the courts when the perceived economic consequences of not upholding it are in the $billions. (just as the economic consequences of the collapse of the horse & buggy industry to the upstart automobile were high too -- but there were not so many lawyers back then.)

    In short, one must choose the correct battles to win the war, and the courts are not the best place to fight.

    (Dammit! Now the FBI will be knocking on *MY* door too! ; ) )

    Cheers,
    -b

  61. Progressive Networks by nullard · · Score: 1

    Cantwell is an ex-exec of RealNetworks. That would put her in the same corner as the record companies and DMCA lovers.

    Please don't forget that Real Networks was once Progressive Networks, a progressive (politically) company. They used their streaming technology to broadcase Pacifica Radio, Jim Hightower's show, etc. Even when they switched names, NPR was a default channel. Progressive Networks was a truly great company.

    --


    t'nera semordnilap
    1. Re:Progressive Networks by Anonymous Coward · · Score: 0

      I'd rather listen to Lucianne Goldberg's radio show over Windows Media Player, thank you very much.

  62. hypocrite? by Anonymous Coward · · Score: 0

    "an honorable man who fought for his country"
    does this not mean killing??? killing is not only bad when it happens in the usa

  63. Below the sightline by PotatoHead · · Score: 3, Interesting

    The media giants just want to keep DECSS underground. Given the intent of the ruling, it has failed. Anyone can find DECSS and the tools to play a DVD they just have to look. Thats the catch. Having to look means that no entity can make commercial use of it. This means that our average joe will not be using Linux to play any serious media.

    Funny, I remember during the court proceedings commercial legal DVD players being announced and brought forward as evidence. Ever try to buy one of those? Know anyone that has?

    Linux is not something centrally controlled, or closed for that matter. Lots of big players don't like the fact that there is really no way to buy or leverage their technology to gain control. Control is the pillar for most of their business models.

    So rather than co-opt the system and compete for dollars, they would rather just not play.

    The DMCA has shown its effects, and this ruling is a shining example of legal control where they have no other realistic means.

    All of us slashdotters can and will be able to do what we want, but thats really it. If you think about it a little, that suits them perfectly. Most of the money is elsewhere.

  64. mod down!! by Billly+Gates · · Score: 1, Troll

    Better yet if cmd taco or Hemo's is reading this, please delete it and now mod down! The reason why I am so harsh here is that this would make slashdot a circumvention device that the MPAA could then sue or shutdown within 24 hours! I know this sounds ludicrus but how is this post different then what 2600 did? I do not want slashdot sued or shutdown but free speech is quite illegal under the DMCA and me must follow it until the EFF finally gets enough funding to repeal it. Please don't link illegal code. Thanks

    1. Re:mod down!! by inertia187 · · Score: 1

      Slashdot is not known for circumvention like 2600 is. Slashdot means current. 2600 means blue tones. Get real. When Slashdot starts to enter the gray area, we'll let you know. Troll.

      --
      A programmer is a machine for converting coffee into code.
    2. Re:mod down!! by Anonymous Coward · · Score: 0

      Actually, the second that anybody proves that Malda or his cohorts have started editing content on this website by deleting posts, they become legally responsible for the content here as a whole. Right now they use their 'user moderated' scheme to get away with considering themselves a Common Carrier. Common Carriers, entities like telephone companies, etc., are not liable for the traffic that is passed around on their network because they don't edit any of the content.

      The day the Slashdot editors start deleting posts is the day their common carrier status is revoked and the lawyers roll in.

  65. this has been here before by slaida1 · · Score: 0, Flamebait
    2600 just should move out of US. Is that so hard and why this has to be said again and again? It's not land of the free anymore (as if it ever was), so flee while you can!

    Once highly skilled and educated people start flowing out of the country, it'll make powers-that-be really nervous about future.

    Who cares, it's POS for a nation anyway...

    --
    Preserve old classics: copy your collection onto all hard drives.
  66. Dealing drugs. by Anonymous Coward · · Score: 0

    These days selling computer games is like dealing drugs. First you get people addicted, then you protected your business by any means necessary.

    The good thing is that people should rather get addicted to games than chems. If gamers just played more Nethack, there wouldn't be Blizzards bitching around.

    -j

  67. The court is wrong on many counts by smiff · · Score: 5, Interesting
    I have to question the first appeals court's competence in this case. They claimed that fair use remained intact because someone could use a video camera to copy part of a DVD. The court failed to realize that the image quality would be horrible, unless you used a tool to adjust the TV's frame rate. Such a tool would circumvent Macrovision. In other words, the court's recommended solution would require violating the exact same law!

    Outlawing DeCSS today, would be like outlawing the photocopier in the 1970's, or outlawing home movie projectors at the turn of the 19th/20th century.

    I am very disappointed that the court never addressed whether or not congress had the power to enact the anti-device provision in the first place. Forty-six law professors who specialize in intellectual property, claim that the anti-device provision is exactly the sort of thing that the constitution sought to avoid. The appeals court

    1. Misinterpreted the brief as only applying to time limits, and
    2. claimed that they did not have to rule on it because it was only mentioned in a footnote on the plantiff's appeal.

    I am further disturbed by the court's ban on electronic footnotes. I still have the right to put a URL in a print publication, but if I put it on a web site, I can be thrown in jail. What's so special about the internet that my free speech rights don't apply?

    Finally, the appeals court's prophecy that the internet will result in the viral spreading of movies and destruction of the movie industry is without merit. These predictions have been made with every single advancement in media technology, and with every single advancement they have been proven wrong. Even at the height of Napster, with a slumping economy, the record companies were making more money than the did before Napster started.

    With this court ruling, it is illegal to make an open source DVD player. And it is impracticle for ordinary citizens to make their own improvements to a closed source DVD player. Why can't churches distribute a script that only plays an edited version of rated R movies? Answer: because I can't make a DVD player that supports this feature. This clearly does the exact opposite of promoting usefulness in the arts and sciences.

    I live in a country where I have a constitutional right to publish directions on building a nuclear bomb, or publish a book on how to kill someone and get away with it. But I can be thrown in jail for telling someone how to make a tool that helps blind people read electronic books.

    1. Re:The court is wrong on many counts by spazimodo · · Score: 2

      outlawing home movie projectors at the turn of the 19th/20th century.

      I've heard that the reason that the movie industry ended up in CA was because Edison didn't want to share his patented camera with them and they figured he wouldn't chase them that far to enforce the patent.

      --

      Fsck the millennium, we want it now.
      Millennium Crisis Line: 0890 900 2000 [calls cost 50p/min]
    2. Re:The court is wrong on many counts by konmaskisin · · Score: 3, Interesting
      Outlawing DeCSS today, would be like outlawing the photocopier in the 1970's, or outlawing home movie projectors at the turn of the 19th/20th century.


      Except that in the case of movie projectors there was no incumbent industry opposed to the technology. Movies may have displaced vaudeville or live stage performances (plays) but the writers and performers in the previous industry were able to move over and increase their markets etc.

      In the case of photocopiers publishers were only mildly threatened due to the huge quality, distribution and production advantages of commercial publication vs. photocopying. Over time, using existing copyright law and fair use provisions, an agreement between libraries and publishers over photocopying was worked out.

      The current situation is one in which there is a huge and bloated "incumbent" industry fed by tax payer subsidies, dodgy accounting and monopolistic distribution channels (just read up a bit about the fun history of *war* between movie theatre chains in the 40s ... ), weighed down with a huge and inefficient management and production structure (unlike all other industries - from steel-making to the public sector - there has been no "downsizing" in Hollywood), awash in drugs, illegal money and scandal, It is an industry that is nonetheless IMMENSELY powerful, out of all proportion to its importance in the economy culture and society and with no concommitant sense of responsibilty. This is an industry where people snort coke to come up with a new twist on the "boy gets girl" story where psychos, bulemics, drug addicts, sexual predators (casting couch!), and alcoholics rule the roost and where vacuous idiots like Jack Valenti represent them in industry associations (what does Jack do and what does Jack know - he's a bag man with a rolodex with seemingly exclusive and special rights to determine public policy). They feel it is their god given right to STOP all innovation if need be - to shut down the Internet and prohibit the production of computers without copy management. In their own eyes they are GODS with the right to TOTALLY determine the development of technology and the very course of history itself.

      I'd like an alternative industry or an earthquake to utterly crush Hollywood and its hangers-on (like Vivendi) but short of that I will ignore them and their products.

      Dumping the imported overtaxed tea in the harbor in Boston was a good idea ... we need something with similar popular appeal.
  68. what hijinx? by underwhelm · · Score: 2

    k appeal, everyone there was respectful of the court, save the time the lawyer for the government, when pressed admitted that DeCSS posed not actual harm, but "well, threat of actual harm."

    The entire courtroom laughed, judges included.

    --

    I don't need large brains to have a good time.

  69. Re:What a crock of shit by BreakWindows · · Score: 1, Offtopic

    the people that died were sick evil fucks as opposed to honest good citizens? Corrupt politicians, corrupt judges, rapists, murderers, child-molesters, and other criminals, as opposed to honest law-abiding citizens? The slime of the earth like these fucks at PETA, CC (Christian Coalition), NAMBLA, RIAA, and the MPAA, as opposed to honest law-abiding citizens?

    What laws has PETA broken? Or, do they deserve to die slowly, simply because you disagree with them personally? That is inhumane. As much as most people here dislike the RIAA and MPAA's not letting us download music and watch DVD's the way we like, I don't think that merits burning to death either. The fact you equate an animal rights group, the music industry, the christian coalition with child molesters and rapists makes you just as bad as the groups you despise.

    What's your problem with the Christian Coalition? Is it that they have a set agenda, and spread hatred against all groups and individuals who disagree with them? Good job. I'll bet if the CC distributed pamphlets about how gays, jews and pro-choice advocates are the "scum of the earth" and deserve to burn to death, you'd have a few tasty words for them. You're not saying what we all think and believe...you're just a typical ass, spouting off the same crap we've all heard Archie Bunker say before.

  70. Re:Errr. . . . Civil disobediance by Anonymous Coward · · Score: 0
    Yes you are correct about the civil rights movement during the 60's and somewhat into the 70 s. However, where you go very wrong is in what "rights" were being faught for. People weren't fighting to be able to rip DVD's or CD's. They were fighting for black people to have a fair chance in society. They were pissed because even though they could go off and die in a war, they couldn't vote or drink alcohol legally. They fought against more wars. They fought against the fact that at first, no one would listen to some routy drug induced kids, and later they just used police in riot gear to force them to stop demonstrating. They fought for the right to keep demonstrating. I hardly think this comes anywhere close to what people demonstrated for in the 60s. Except perhaps the people that demonstrated to legalise drugs.
    Even IF you sat down and talked to your average American citizen and told them ALL the facts and didn't bias it toward your view, they would still side on the side of the MPAA and RIAA. I think most people here have never read what the real meaning of "time shifting" is. In the Beta Max case, the judeges agreed that time shifting should be protected, but they didn't even want to touch "warehousing". While it would be nice if warehousing was protected under "fair use", it is not. Should it be? I don't know, I guess it really shouldn't if you belive in capitalism and the "American Way" because that is taking away from their "right" to make money. I think "fair use" is another thing most people here get wrong. No matter how crappy CSS is, you are not suppose to circumvent or distribute it. It is a protected and is a trade secret. If CSS was just DWORD+1, you should not circumvent it. Think of it this way, if you have no locks on your door is it ok for anyone to walk in? If you have duct-tape across your front door, is it ok for someone to rip the door open, thereby breaking the tape? The answer is no. There same should apply to CSS. The only people that care how good or bad CSS is, is the members of the DVD Forum.
    Again, most people here support capitalism and "The American Way" of life, but don't really like any of it.

    time shifting - recording a show because it is not convenient at the time it is on, for you to watch it. After you watch the recording, you are suppose to delete it.
    warehousing - what most people think time-shifting is. This is basically storing numerous copies of shows that you have already watch. It should be fairly obvious what this is too.

  71. Re:What a crock of shit by Anonymous Coward · · Score: 0

    I'll be the first to admit that the it isn't the colored fault for being black. Because you just have to look out for #1. I mean, Nixon should have hired Japs not Krouts. Cause when the Japs get caught, the do the right think and kill themselves.

  72. I HAVE THE ANSWER!!!!!!!!!! by Anonymous Coward · · Score: 0

    Forget DVD. Stop buying, collecting, selling, and cracking them.

    What we need is NEW TECHNOLOGY. like VD (video disks) not to be confused with sexual organs disease.

    How about a TWO SIDED CD ? hmm?

    How about a SMALLER disk! How about making these technologies OPEN SOURCE. and saying "FUCK YOU!" to the AOL /TimeWarner's and the Stench From The Bench That Makes Me Wanna Clench!

    How about Moore's Law, Has it not been 3 months since DVD was invented?

    How about, stop renting movies, and stop buying cd's and dvd's and shit from CoSTCO until this shit ends? hmm?

    1. Re:I HAVE THE ANSWER!!!!!!!!!! by Anonymous Coward · · Score: 0

      Well, if you happen to have about 12 billion dollars in the cushions of your couch this just might work. Do you have any idea how much money it takes to bring a new product to market? No. Obviously you don't.

  73. THIS JUST IN by i_am_nitrogen · · Score: 0, Offtopic

    MPEG-4 found to cause cancer in laboratory animals. Animal rights agencies were barred from the laboratory during this test.

    1. Re:THIS JUST IN by Com2Kid · · Score: 1

      MPEG-4 found to cause cancer in laboratory animals. Animal rights agencies were barred from the laboratory during this test.

      Hehe, LOL!

      Love it. :)

      If some idiot exec ever gets it in his head that high quality HDTV screens hooked up to hardware MPEG4 encoders could be a bad thing then we may very well see this headline in the actual newspapers. :)

      "Plasma screens in conjuction with the radiowaves that playing MPEG4 movies causes have been possibly linked to the same type of serious damage that cell phone use causes!"

      Heh.

  74. What did you expect? SMART judges? by josh+crawley · · Score: 2

    How is this NOT surprising? We all have heard the arguments. They're baseless, still knowing idiot judges, did you EXPECT ELSEWISE? If you were, then you're a fool.

    Still, the damage has been done. No fucking judge will pull every copy of deCss deritiave program from every computer at the time of judgement. All they are is just a talking head when it comes to the internet. If it's code, we have nearly perfected it by the time it goes to trial. If it's open-sourced, then speed that process up by 10 speed.

    All they can do is bitch and moan in part of thier corporate interests. We're waaaaay ahead of them.

  75. EFF en banc appeal by smiff · · Score: 4, Informative
    Here is the EFF's en banc appeal. This is what the court read before it declined to hear the appeal. The first appeals court said they could censor DeCSS due to its functionality. My favorite quote from the EFF brief:

    But what computer programs say cannot be separated from what they do. Banning computer programs for what they enable computer users to do necessarily bans what computer scientists and programmers may say.

    ...Thus, even if the injunction targets only the nonspeech component, the effect on speech is identical. To aim at one is to aim at both.

    And to whet your appetite, here is the introduction:

    2600 Magazine hereby petitions for en banc review of the panel decision on the grounds that the decision makes new law that conflicts with governing United States Supreme Court and Second Circuit precedent in a case of exceptional importance.

    The question in this case, one of first impression, is whether the Free Speech Clause of the First Amendment permits a district court to enjoin the publication on an Internet web site of a computer program ("DeCSS") that can be used to unscramble the content of digitally recorded movies, or the publication of hyperlinks to other web sites that publish that program, under the purported authority of a provision of the Digital Millennium Copyright Act ("DMCA") that bars "trafficking" in devices designed to circumvent technologies aimed at controlling access to copyrighted works. 17 U.S.C. 1201(a)(2). The panel upheld such an injunction based on the mere speculation that Internet distribution of DeCSS would cause copyright infringement, even though it is undisputed that there was no demonstration of actual harm.

    In reaching this conclusion, the panel made two novel and unprecedented rulings regarding computer code and Internet publication that warrant this court's en banc review. The panel held that, although computer code is "speech" within the meaning of the First Amendment, it is subject to greater regulation than other speech because of its "functional capability" to be executed by a computer as well as read by a human eye. Slip op. 7515-16. The panel further opined that, although not a single incident of copyright infringement using DeCSS had been demonstrated in the district court, the injunction was adequately narrowly tailored to satisfy the First Amendment because the speed and scope of the Internet create the potential for such harm: "Posting DeCSS on the Appellants' web site makes it instantly available at the click of a mouse to any person in the world with access to the Internet." Slip op. 7522.

    The panel decision conflicts with governing First Amendment precedent. Even assuming that the government interest furthered by such an injunction (preventing theft of intellectual property) is content-neutral, the injunction fails the heightened scrutiny required of content-neutral speech restrictions under Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622 (1994) (Turner I); and Turner Broadcasting v. FCC, 520 U.S. 180 (1997) (Turner II). A fortiori, the order below fails the especially heightened scrutiny required of content-neutral injunctions of speech under the Madsen v. Women's Health Center, Inc., 512 U.S. 753 (1994).

    The panel decision further conflicts with governing precedent by treating the publication of computer code on the Internet as "functional" speech subject to diminished First Amendment protection. This creation of a new subcategory of less protected speech conflicts with Reno v. American Civil Liberties Union, 521 U.S. 844, 970 (1997)(ACLU I), which held that the Internet is a fully protected medium of speech and that regulation of speech on the Internet is subject to ordinary standards of First Amendment scrutiny. It likewise conflicts with City of Ladue v. Gilleo, 512 U.S. 43, 55 (1994), which held that content-neutral prohibitions foreclosing the use of entire media "can suppress too much speech."

    Even if the panel correctly upheld the ban on posting DeCSS, its decision upholding the ban on merely posting hyperlinks to other web sites posting DeCSS should be held independently unconstitutional under settled First Amendment principles of intent and causation set forth in Brandenburg v. Ohio, 395 U.S. 44 (1969), and Bartnicki v. Vopper, 121 S. Ct. 1753 (2001).

    Because of these plain conflicts with governing precedent, the panel decision requires correction by this Court sitting en banc. The exceptional importance of the questions in this case is plain: computer code is a crucial part of our scientific and political discourse. Scientists, programmers and hobbyists publish computer code in textbooks, journals, popular magazines, and discussion groups Ñ both on the Internet and in print. Hyperlinks are one of the most easily understood and widely used form of computer code and, are, quite literally, the lifeblood of the Internet. As one court observed, "the ability to link from one computer to another, from one document to another across the Internet regardless of its status or physical location, is what makes the Web unique." ACLU v. Reno, 31 F.Supp. 2d 473, 483 (E.D. Pa. 1999), cert. granted 121 S.Ct. 1997 (U.S. May 21, 2001)(No. 00-1293) (ACLU II). The panel's unprecedented decision to relegate Internet transmission of computer code to second-class First Amendment citizenship plainly warrants the scrutiny of this entire Court.

  76. Re:Errr. . . . Civil disobediance by inertia187 · · Score: 1

    Duct tape? Right.

    If I could memorize how to circumvent duct tape then explain to someone how to circumvent duct tape, am I breaking the law? Remember this is information we're talking about. 2600 is fighting for free speach. At least, that's the defence they've chosen. The fact that a business model has been based on is is not the issue.

    --
    A programmer is a machine for converting coffee into code.
  77. Does 2600 need US justice system to survive ? by Taco+Cowboy · · Score: 2



    One irony in all this is that everybody seems to think that 2600 - the magazine, the publisher, and the culture / community created around it - need the US justice system to survive.

    Well...

    2600 may be first published in the States, but now the culture and those who believe in the freedom to hack - not only on 'puters but hacking ANY system and device - is all over the world.

    So what if the US supreme court decides to deny 2600 a right of hearing ?

    The publisher may close down the 2600 mag in the States, but heck, the world is NOT YET under the control of US justice system. We can continue to do whatever we do in China, France, as well as Argentine or Uganda.

    To hell with the US justice system. 2600 _will_ live on, no matter what those idiots on the bench think.

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:Does 2600 need US justice system to survive ? by Anonymous Coward · · Score: 0

      What I find ironic is when people, in an effort to seem smart and possesed of subtle minds, misuse the word "irony."

  78. I doubt it by Anonymous Coward · · Score: 0
    Actually though, the cost of the lawsuit, if 2600 loses, will probably shut them down.

    2600 was represented by the EFF. The EFF has spent over $2 million on this case. I don't have a link but I read it in one of their documents. I believe it was at the district court level. The costs will have increased by now.

    Anyway, even if they lose, 2600 will not have to pay the plantiff's legal fees. This is a test case, so both parties have to pay their own fees.

    In all likelihood, 2600 is making money off this case. Surely the increased publicity has boosted their subscriber base.

  79. DeCSS is not a "nice tool" by Anonymous Coward · · Score: 1, Interesting
    Decss is a nice tool that I can use to store my favorite DVD on my laptop and watch it when I'm on travel without dragging a bunch of extra stuff around. I don't steal movies on DVD... I certainly could, I chose not to.

    Have you ever used DeCSS? I haven't, but I read Kaplan's ruling. In the ruling, he indicates that it took the plantiffs a half day to prep a DVD to be potentially pirated on the internet. If you use DeCSS to watch movies on your laptop, you may be spending more time preping the movie than you do watching it. The only practicle use of DeCSS is to communicate the decryption algorithm, so someone can incorporate it into a DVD player or other DVD processing tool.

  80. Kaplan was not stupid, he was bent by nagora · · Score: 3, Interesting
    Kaplan used to work for Time-Warner and should therefore never have sat on the case as he had a history of friendship (or at the very least, a successful working relationship with the prosecution and had a history of personal dislike of the defence council, including advising people not to work for him.

    The fact that Kaplan took the case shows that he was more interested in helping his friends and getting back at his enimies than in a fair trial.

    The whole thing was a pantomime from beginning to end, but stupidity (or the law) had nothing to do with it.

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    1. Re:Kaplan was not stupid, he was bent by konmaskisin · · Score: 2

      This is very interesting. Does anyone have links to sites detailing Judge Kaplan's close links to the industry which he so eloquently defended in his court ... err I mean that had the ruling upheld in their favor ...

    2. Re:Kaplan was not stupid, he was bent by nagora · · Score: 2
      There is a record of the motion to dismiss him from the DeCSS case on the EFF's site. Probably other stuff can be found via Google.

      Kaplan takes 50 pages of utter waffle to say that he finds himself competent, to no one's surprise.

      I remember being quite optimistic at the time the motion was made that he obviously would have to stand aside after this came out. Oh, well.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:Kaplan was not stupid, he was bent by Anonymous Coward · · Score: 0

      Surely if he's got a bias then HE doesn't get to decide whether or not he sits on the case. There must be some sort of process for appealing to an impartial decision panel. Otherwise it's either a screwy legal system, or the ruling should be thrown out as invalid.

  81. I'm not sure about that by autopr0n · · Score: 2

    about the firebomb thing, it's illegal to incite violence.

    --
    autopr0n is like, down and stuff.
  82. That ruling doesn't make sense by Anonymous Coward · · Score: 2, Insightful

    Plaintiffs have invested huge sums over the years in producing motion pictures in reliance upon a legal framework that, through the law of copyright, has ensured that they will have the exclusive right to copy and distribute those motion pictures for economic gain.

    Notice that this paragraph says nothing about encryption, but talks about the law. Movies that were distributed on VHS were just as much protected by the law as DVDs are today. That is why the next sentence does not make sense:

    They contend that the advent of new technology should not alter this long established structure.

    The advent of "new technology" i.e. DeCSS, did not change the law anymore than the "new technology" that allowed the movie makers to encrypt the DVDs in the first place.

    In other words the *law* is about stopping people from unlawfully distributing copies. Decryption is about viewing content.

    Imagine going up to someone in the street who new a bit about computers but hasn't heard about this case. If you said to them "I want to watch DVDs on my computer, but it doesn't have windows so I have to make my own DVD player to watch them. Is that fair use of the DVD?" What would their answer be? How could they possibly say no?

    I know what someone will say - yes you can use DeCSS for fair use, but you can also use it for illegal use. What are they really saying? They mean "it is easier to stop people producing DeCSS than it is to stop people distributing copies". In other words "we're inadequate to enforce the law as it is, so we're going to make it more restrictive."

    Just my 2 pence...

    Julian

  83. Re:Errr. . . . Civil disobediance by erroneus · · Score: 4, Insightful

    Some people see the fight against the DMCA as a fight to let us copy video and audio in ways that we want. In some respects that's true, but for some it's a lot more.

    The DMCA is offensive because of the submersed way it was passed. Recall the stories about the method applied. The voting was held in a dubious way at a dubious time if I recall correctly. This is law that never had due process. While there was a little bit of mention about it prior to it being passed into law, the DMCA was passed very quickly and very quietly. There are enough people pissed off about that to disallow that tactic from being used again for a while. We should be fighting against that tactic but you have to get legislators prepared to fight that for you... there is no other way.

    The DMCA was law written in the interest of one group only. The public's interest wasn't even a little-bit considered. It was already illegal to copy copyrighted works. We didn't need new law to make it 'more' illegal. It was written so that it could be a weapon against due process against the people who are less capable of affording good legal defense. In effect, it gave the entertainment interests "first strike nuclear capability" against anyone they want without good due process involved. The DMCA isn't about making anything 'more' illegal, it's a weapon. Since when should law be a weapon?

    Finally, since this is a weapon in the interests of the entertainment media, getting the public's attention will be pretty much impossible without major events. Most people still don't know what Macrovision is and just think there's something wrong with their VCR. (Admittedly, I didn't know what it was either until I bought my first DVD player. Since I have an inexpensive TV and an inexpensive VCR, the only obvious way to hook my DVD player up was through my VCR's inputs... but for some mysterious reason it was all scrambled... most people usually stop there, but I'm a geek -- it's still a rare breed -- which is where my story kinda begins.)

    The DMCA and future 'technology law' seek to restrict knowledge and the ability to tweak, tinker and research. This takes such knowledge out of the hands of the hobbyist almost entirely. The ability for me to hack on things on my kitchen table... to learn about the world on any level of my choosing is a very fundamental restriction. The restriction of information and knowledge... just the thought of it frightens me. Speech is just the way knowledge is conveyed. There are things that 'they don't want you to know or even know about!' That's a big problem.

    I find it disturbing when there is software installed on my machine doing something I don't want it to do and didn't know was there. That's usually called a virus or a trojan. Now it's also called "spyware" and "ad engines." I'm not alone in that. I find it disturbing when law is passed without public notice, attention or heed... our legislators just looked the other way allowing the first of many up-an-coming measures to begin. Again, disturbing.

    And finally, again as the DMCA and similar laws being attemptd are in the interest of the parties controlling the media, it's not likely that any small events will get public attention. If you need a visual, imagine a cute little cartoon boa contrictor surrounding us. It's cute, funny, interesting, colorful... but that's always the approach of this predator. And when we can't get out, they constrict until we can't breathe.

    Changes in the way our government runs is no accident. It was predicted and it is happening now. Public opinion is that we do not own our country -- our government does -- and anything happening that we don't like; there's nothing we can do about it.

    I resent being called a 'troll.' The point I'm making is that the public's attention isn't being raised and that's no accident. The 9-11 event was not just a 'terrorist act.' It was a very significant "PR" move to get attention. There is a problem with what's going on over there in those distant lands. People never really knew about it before then. Sometimes, that's just what it takes to get their attention. People still don't know why it happened but more people know now than did before. Likewise, people still don't know the value of what's going on here. Right now, the DMCA is only bothering a 'few' individuals and we have 'Larry Flynt' [2600] fighting our battles for us. In the same way people had a difficult time getting behind 'porn' people are having some problem getting behind 'hackers.'

    Our Reality is our perception and since the media is our perception, they control our reality.

  84. Antitrust by bsDaemon · · Score: 1

    Can't we do a class-action against the branches of the Federal Government for passing these laws enabling these associations to prop up monopolies? That can't be any better than Microsoft being Microsoft. Arn't tarrifs "engaging in anti-competetive business practices," too, just like the Microsoft Tax?

  85. Well, actually, ...Re:2600 cant get no respect by gilroy · · Score: 2
    Blockquoth the poster:

    The current standard is 50 years beyond the life of teh author - let's stick with that.

    Well, actually, it's seventy (70! ) years beyond the life of the author. Life expectancy is about 75 in the US. So, if on her deathbed, an author bequeathed her copyrights to the grandson born at that very moment, said grandson could live off the proceeds for essentially his entire life, having contributed (by construction) nothing toward the creation of the original work... Sure, that really encourages creativity.


    Why should anyone benefit from copyright once the author has died? The heirs can benefit from the proceeds realized by the author, since those are actual property and logically persist. But why continue to draw benefit from the creation when the creator is gone?


    Don't even get me started on corporations having nearly a century to derive benefit...


    (And I don't buy the "Well, it encourages one to create so as to pass something on to one's heirs" line. By that argument, infinite copyright would be even more valuable and therefore encourage even more creativity -- why limit it all? Indeed, why not pass it on to the heirs forever? Maybe we can include something to indicate the ownership; maybe an inheritable title. Yeah, that's the ticket.)

    1. Re:Well, actually, ...Re:2600 cant get no respect by Anonymous Coward · · Score: 0

      Why should anyone benefit from copyright once the author has died?

      Because ownership of the copyrighted work is property that the creator can pass on to whomever he/she wants to.

      Face it, you're just making a general arguement against inherited wealth. Shouldn't you be out selling your Socialist Worker newspaper on the street corner, dude?

  86. Funny.... by wowbagger · · Score: 4, Funny

    Funny, in one court case the defendant repeatedly played games with the court, pissed the judge off, submitted faked evidence, and when the judge expressed his opinion, he was removed from the case and a new judge assigned.

    In another court case, the defendand repeatedly played games with the court, pissed the judge off, and didn't submit faked evidence, and when the judge expressed his opinion, he was upheld on appeal.

    Funny, that.

  87. I don't want free DVD's... by Svartalf · · Score: 2

    ...I just don't want to be told that I can't play them on a Linux only laptop, etc. And don't tell me about using a portable or home player either- if I'm on the road, does that mean I need to buy another $500+ player or keep a Windows partition that I don't want (that eats up my disk space, normally not being used) in addition to my $1000 laptop?

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  88. So what was the one line in the ruling? by Guppy06 · · Score: 2

    So this court of appeals decided that it didn't want to hear yet another appeal from 2600. This could mean either one of two very different things:

    1.) The appeals court sees no problem with either the district court ruling or the first appeals court ruling. As far as they're concerned, the case is done.

    2.) The appeals court sees that there is a few very important issues in the case and feels it would be best to defer the case to the Supreme Court ASAP in order to set a new nation-wide precedent. If this is what happened, then they're very interested in the case in question.

    So... which is it? The news articles talk of a one-line ruling. What did the one-line ruling say?

  89. My not-so-deep thought of the day by billcopc · · Score: 1

    When the federal courts get together to shut you up and rape you of your basic liberties, then maybe it's time you packed your bags and moved somewhere else.

    I'm glad to be living in Canada right now. I know this kind of bullshit will probably arrive in a few years since we're USA's sock puppet, but at least we'll have had those years to learn from others' mistakes and know what to avoid. Or we'll just all get drunk and beat the shit out of anyone in a suit :)

    --
    -Billco, Fnarg.com
    1. Re:My not-so-deep thought of the day by Anonymous Coward · · Score: 0

      I'm glad to be living in Canada right now. I know this kind of bullshit will probably arrive in a few years since we're USA's sock puppet, but at least we'll have had those years to learn from others' mistakes and know what to avoid. Or we'll just all get drunk and beat the shit out of anyone in a suit :)

      Do you enjoy Socialism? Do you enjoy having a nice and lean paycheck?

    2. Re:My not-so-deep thought of the day by vegetablespork · · Score: 1

      I bet if you compared the taxes he pays percentage-wise, overall, including sales, VAT, federal income, motor vehicle, property, registration fees, social security/medicare taxes, state/provincial and local income taxes, et al, you might find yourself surprised to find the tax burdens about the same. The difference? The Canadians get something for their money rather than having it be used to fund corporate welfare like airline bailouts and subsidies for other failing industries.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    3. Re:My not-so-deep thought of the day by mamba-mamba · · Score: 1

      "There is no more new frontier--
      we have got to make it here."

      That's from an Eagle's song, actually, but it's quite apt. US citizens should stay in the US and help fix it so that it works the way it is supposed to. To a certain extent, anyone who leaves is selling out his or her fellow citizens. Afterall, if the people who care about liberty and justice all leave, who will be left?

      We have a responsibility to stay here. Let's not forget that in addition to Civil Liberties, we have Civic Duties.

      Anyway, in my opinion the most onerous thing about the ruling is that Kaplan enjoined 2600 from LINKING to websites that have deCSS (or similar). I believe this is a clear violation of freedom of speech/freedom of the press. The rest of the judgement is almost silly, because if you accept that deCSS is a circumvention device, then all the things that 2600 is not allowed to do (save linking) are already illegal under the DMCA anyway.

      Furthermore, it's not like 2600 is the only place you can find this stuff anyway. That makes the permanent injunction seem unfair and arbitrary. That is, what the court has provided is not practically speaking relief, but rather a form of revenge.

      MM
      --

      --
      By including this sig, the copyright holders of this work or collection unreservedly place it in the public domain.
  90. Re:Is this any surprise? by Anonymous Coward · · Score: 1, Insightful

    I recommend you take a look at transcode and dvd::rip With these tools, it is possible to make a backup copy of your DVD's onto one or two CD-R's in DivX format. The ripping process takes about 15 minutes, and the encoding can take a mere 2 hours on a newer processor, depending on your settings. A high-quality, two-pass encoding session takes less than 8 hours on a 1-GHz machine. The resulting video is virtually indistinguishable from the original MPEG-2 video.

    You may not want to download a 7-gigabyte file and pay for two DVD-R's to burn it on, but downloading a 1.4-megabyte file and burning it on two 25-cent CD-R's is not nearly as extreme.

    What you fail to realize why the MPAA freaked out about DeCSS. They knew that DVD's were going to be around for a long time. They knew that while it was infeasible for technology at the time to make copying DVD's impractacle for the average consumer, it would get there in the next 5 years! They knew that video codecs and video encoding software would become more efficient and easier to use. They predicted that the .mp3 equivalent for movies would emerge, and bandwidth for the average end user would continue to increase. They didn't want to see another Napster in the movie realm.

    And that's why they are fighting this tooth and nail. If they can get the courts to pass the laws that would keep people from copying their films, then they can reduce the number of movies that people obtain copies of movies without paying for them. They count on the fact that if something is illegal, fewer people will engage in that activity than if something is legal.

    But to point out a flaw in your argument: people make a moral distinction between physically harming other people and copying a DVD or a CD. They are much more likely to use DeCSS to copy a movie that they didn't pay for than they are to bash in a stranger's head with a baseball bat.

  91. Re:What a crock of shit by tzanger · · Score: 1

    3000 people that we know of. So I overstated things.

    Yes, you overstated things. People do that all the time to garner more support for their cause. I'm just not letting it go unnoticed.

    If you say no to this, then you're saying you'd rather have the honest law-abiding citizens be dead.

    You don't get to make the rules. I'm saying that substituting lives for lives isn't humane.

    You obviously don't put values on lives; I do.

    How can you say you put values on lives when you're so willing to kill a bunch of other people? How do you know that some of the people killed in the WTC weren't members fo the various organizations you disagree with? Oh that's right. They were all innocent people and are heroes and martyrs because you say they are. You make some mention of this later in your post but the point stands: What is sick and evil to you is normal to others. I'm quite certain that CC members have children and have fought in wars. I'm certain that while I also find NAMBLA disgusting, they are in some way also positiviely contributing to society. Your broad generalizations and conclusion-jumping belongs nowhere in any power hierarchy.

    I'm not going to get nitty-gritty about it, but I'll say this much: I'd rather sick evil fucks die than ordinary people.

    For what it's worth, I agree with you. You must be absolutely careful with whom you let decide are the "sick evil fucks" -- I'm sure that someone thinks that of you in some way and if so, tha tmeans your head is on the block.

    The fact is, we all put value on life, whether we want to admit it or not. Everyone values their family first, then friends. Most people value normal citizens over crooks.

    Wait a minute, I thought you just said it was obvious that I didn't put value on lives. Now everyone does?

    At least I have the courage to say what we all think and believe. You're just saying politically correct crap to up your "karma" or whatever.

    My karma's already at the cap and has been there since the cap was initiated. Saying what's on your mind is fine; I have no problem with that. Don't expect it to go unchallenged though.

  92. Use DeCSS and turn yourself in! by d2ksla · · Score: 1

    Everyone who knows about this are pretty much in agreement that DMCA might seem like a reasonable law to regular people (it just means no piracy, right?). The problem is that it leads to ridiculous things like you can't watch your own DVDs that you bought at Best Buy using anything else than an approved DVD player.

    There hasn't been much in the mainstream media about this, and when there is I haven't seen the reporters take the side that DMCA needs to be changed. If you're really serious about this issue and you're not afraid of Bubba, consider using the law against itself to get some major press.

    Just set up your computer in your living room and hook it up to your TV or a monitor. Insert a legal DVD and start watching it using MPlayer, Xine or Ogle. Then call the cops and turn yourself in. Be prepared to cite the appropiate sections of the DMCA and recent rulings because they will probably have a hard time believing that they should care about you watching DVDs (what do you mean, you're watching Shrek on your TV, exactly how is that illegal???). I'd like to see the court trying to impose any kind of fine or jail time on people for doing this (except on me maybe :-).

    With enough people doing this (it might take only one that gets a lot of press), it'll be much harder for people/press/politicans to say that the DMCA is OK.

    1. Re:Use DeCSS and turn yourself in! by Anonymous Coward · · Score: 0

      Make sure to issue a big press release beforehand and have the media there when the cops come... nobody will listen if you're already in jail.

  93. Re:Errr. . . . Civil disobediance. . . NOT! by Lonath · · Score: 2

    No, the next step is BOYCOTT STAR WARS!!! Those people who go out and see these movies and rent or buy DVDs or tapes and buy CDs or tapes are the ones paying to take 2600 to court. If you don't like what they're doing, STOP BUYING THEIR STUFF AND INSTEAD GIVE THE MONEY TO GROUPS THAT OPPOSE THEM!!!

    If you're on this page bitching about the MPAA AND you saw Star Wars or you're planning to see it, then you just don't get it.

    The next step is not get a new legislature, and it's not civil disobedience or breaking the law, and it's not to go to the media whining about how mean the media companies are being and expecting the media companies to care. (I hope you can see the irony in that last statement.)

    The next step is:

    STOP BUYING STUFF FROM COMPANIES THAT TREAT YOU LIKE SHIT!

    Get that through your heads. Until you're willing to forego seeing/hearing $BrightShinyThing every time a new interesting thing gets made by the media companies, you're still helping them. All they care about is money. The only way to stop them is to take away their money, and the only way to do that is to decide for yourself that you will no longer give them any money. If your freedom is important, you should be willing to suffer a little by not helping the people who want to take away the freedom. You can do it. It sucks, but you can go through life without seeing movies in the theater and without buying CDs.

    All of the other things, from political actions to media campaigns (snicker) to lawsuits won't matter if you keep buying their stuff. Stop giving them money. Tell everyone you know to stop giving them money.

  94. Two words by defile · · Score: 3, Insightful

    Civil Disobedience.

    You have a moral obligation to ignore any laws that you do not agree with-- especially laws that are designed to protect the interests of a select few at the expense of society proper.

    http://www-2.cs.cmu.edu/~dst/DeCSS/Gallery/

  95. Re:What a crock of shit by dh003i · · Score: 2

    "What laws has PETA broken? Or, do they deserve to die slowly, simply because you disagree with them personally? That is inhumane...The fact you equate an animal rights group, the music industry, the christian coalition with child molesters and rapists makes you just as bad as the groups you despise."

    Actually, anyone who supports the death penalty supports executing people they disagree with personally. Rapists and murderers, for example, can be executed in Texas. They happen to have this view that rape and murder is OK; so we execute them. Ok, not exactly so -- they happen to have this view that rape and murder is OK, and they act on it; so we execute them.

    Yes, I do group PETA, CC, MPAA, RIAA, and most politicians with rapists, murderers, and child-molesters. Because they all violate our rights.

    PETA (~Al kaida). These are the people that think that animals are more important than humans, and who'd have farmers denied much needed water, to protect some freaking sucker fish. They also blow up buildings which are the sites of scientific research, where animals were being used. Terrorists.

    CC (~NAMBLA). I believe the CC already has supported the murder of pro-choice advocates. They may have condemned the Neuremburg files site publicly, but they certainly had a hand in it. Also, there's the Christian-affiliated site which showed a homosexual boy burning, and said he died as punishment for being gay. But that's not directly affiliated w/ the CC. What the CC advocates is forcing women to give birth. In my book, that's as bad as what's done in China -- forcing women to have abortions. Forcing a woman to give birth, or to have an abortion, is an act analagous to rape. This puts the CC on par with NAMBLA (NAMBLA supports raping little children, CC supports raping women by forcing them to give birth).

    The music/movie industry. I'm not talking about the entire music/movie industry here, only the people who don't make music or movies (i.e., the Valentini's or Rosen's). Perhaps no single act of theirs is equitable to rape, murder, or child molestment. But over the period of their careers, they screw us out of constitutional rights, which is the same thing rapists/murderers do. The right to life really isn't too great without the right to free speech and privacy, and other "higher rights".

    Politicians. Same story as RIAA/MPAA above. Over their careers they violate many rights, and make decisions that unjustifiably cause people's deaths (refer to Janet Reno and Waco).

  96. Re:Errr. . . . Civil disobediance. . . NOT! by mike_the_kid · · Score: 2

    We live in a capitalist democracy. Vote with your wallet. The parent post is so on point that it is scary. There is nothing else worth saying on this issue, really. If you are not part of the solution, you are part of the problem.

    Some people are apathetic, and say "well, hollywood movies make billions of dollars a year, what does my $7.50 matter". If everyone who shared the view that the DMCA was a front put on by evil corporations boycotted said corps, they would notice.

    On top of all that, have some self respect. Are you going to pay the price of a movie ticket every time the next "blockbuster" comes out? Do you really want to pay for recycled canned music? Of course you don't. But how many people do?

    Want to see a real sham: www.starwarstwo.com

    --
    Troll Like a Champion Today
  97. DeCSS vs. Seamless branching by Anonymous Coward · · Score: 0

    All properily licensed DVD players are required to impliment anti-consumer features as navigation lock-outs (you can not press chapter-skip during the FBI warning or other areas which use the same lock-out code). But they have not been required to impliment the full DVD standard! So the licensing ensures parts of the DVD spec that do not help you are implimented but says nothing about your ability to play back the movie correctly. This is an obmission to licensing the standard that stung me and several of my friends.

    I had gotten my DVD player in the winter of 1999 from Circuit City. It was $200 for the player, another $75 or so for the extended warrenty and eventually I went back to add another $60 for a component video. Approx. $350 have gone towards the DVD player. I was fairly confident that this was a sound investment. First of all I had the extended warrenty. Secondly, the Matrix DVD, which had been released as using *several* of the DVD spec features, played fine on the DVD player I bought. Little did I know, if I had tried Stargate: Special Edition which was also released around the same time then I would have run into another DVD spec feature called Seamless Branching that did not work with my DVD player.

    Well, other movies are now being released with Seamlss Branching such as The Abyss: Special Edition and Terminator 2: Special Edition. When I attempt to play them the movie "skips" and Circuit City or Best Buy will exchange them as defective for another copy of the *same DVD* which still contains the seamless branching skipping problem! Each company sites problems of being used as a "free DVD rental" location if they allow exchanges for different DVD titles but each company is also aware of the seamless branching problem in player *they sold*! In responce to that, Circuit City employees state that DVD players which support seamless branching are now less than $100. But to switch to one of these players would be like throwing out the money I spent on the extended warrenty and the component video cables since the cables are supported on players less than $100. And since the Seamless Branching problem was pre-existing it is not covered by the extended warrenty!

    So, the DVD (and like-for-like exchanges) that Circuit City will not work on the extended warrenty DVD player the Circuit City sold me and I can't get the DVD player fixed or exchange the DVD for a different title that will work since they have cheapy DVD players that don't take my full existing investment into account! I have heard of similar horror stories with Best Buy. Anyone sense a conflict of interest?!

    But then comes an alternative! DeCSS! With a little effort, the unreturnable Terminator 2: Special Edition *CAN* be played back. My DVD player supports VCD, SVCD and some XSVCD formats. The Seamless Branching problem is removed when the movie is transfered to SVCD format. The only problem is it requires DeCSS which is "illegal" despite the fact that I legally own the movie and it is the only way I can use my existing DVD player for my TV to make fair-use of the DVD I am not permitted to return! I was assured by Circuit City sales that during the time covered by the extended warrenty I should "expierence *no problems* playing back any DVDs or simply take it back for repair." Circuit City has *NOT* lived up to their words, why can't I at least be able to take the steps needed to satify the situation for fair-use playback and do it legally?!

  98. Since you started nit-picking by ImaLamer · · Score: 2

    Now what? an .exe utility which is made for running under _windows_ and then I can view it on a _linux_ computer?

    I think you mean execute.

  99. Judge Kaplan is an idiot or is on the take by konmaskisin · · Score: 2

    Movie studios have large amounts of money they could easily bribe a judge. According to Judge Kaplan's logic all of the money of the movie studios should be taken away in case they try to do something bad with it.

    DeCSS can potentially be used for copying and redistributing digital content (this is often falsely and misleadingly called "piracy" - piracy is actually a form of murder and robbery). So can many other tools (like video cameras for example - we should note as well that cars are often used to murder and steal property). The judge chose to focus on DeCSS and its potential for illegal use.

    Since I would never question Judge Kaplan's ethics (it's virtually a certainty that he was not bribed by the movie industry ... really, it would be unfair to insinuate otherwise) it is the case that Judge Kaplan is old, out of it, and extremely *stupid*.

  100. who wants to send some shirts?? by Anonymous Coward · · Score: 0

    who wants to send some copyleft tshirts to the supreme court!

  101. T-SHIRTS WITH THIS LOGO PLEASE!!! by konmaskisin · · Score: 3, Funny

    "What's so special about the internet that my free speech rights don't apply?"

    Good one mate!

  102. Re:Errr. . . . Civil disobediance by alsta · · Score: 1

    Warehousing is and should remain, perfectly legal for many intents and purposes. Specifically, the most important thing that comes to mind is the content industry and its products. One is to purchase a game for roughly $50 and quite often, one has to use the CD which comes with the game for various purposes. Sometimes one loads sounds and animations off of the disc, however many times the CD is required to `verify' the installation of the game.

    If I am to use the original CD, I need to have the assurance that I can take the CD to the retailer and get a new one if I break it. This service must be available in such a fashion that I can without sustaining additional expense or unreasonable inconvenience (I want the replacement at the time I want to play the game) or it isn't viable. Sending in a broken CD to get it replaced, results in loss of time and extra expense. One is not only compelled to pay for postage both ways, but also some dubious fee for the actual replacement disc. After all, I didn't pay for the actual disc, but the right to use the contents.

    Think about it... About three or four years ago, one always received a thick manual with the game. I will take MS Flight Simulator 98 as an example. Then came MSFS 2000. The manual was subsequently much smaller, yet contained some info. Of course, in order to make any sense, one had to purchase an extra book, or `strategy guide' with the game. With the advent of MSFS 2002, the manual is rendered into a pamphlet and with many other titles, one isn't distributed at all.

    The boxes these days are also much smaller, not a bad thing per say, but indicative of how content industries are trying to save money by selling for the same amount or more, yet condense the contents.

    As it is, I am licensing the right to use the contents of the disc. Read just about any EULA and it will tell you this. The DMCA forbids me to circumvent a copy protective mechanism. But if I make an identical (1:1) copy of the disc with the contents that I've paid for, why should that be illegal? I may want to create 100 copies of the same disc. As long as I do not dissiminate these copies to anybody else, why should that be illegal? After all, it's my money and I'm paying for the blank discs.

    The bottom line with the content industry is that they have a commitment to their shareholders to sustain a steady financial growth. Well, with any publically traded company for that matter. So innovation is perhaps not as important in terms of technology, but in ways to reap new profits. If the content industry had it their way, one would be forced to purchase a DVD for each family member or friend who is to watch a movie. Capitalist or not, such a demeanour is unreasonable and I doubt that any American would side with the content industry if matters went to such extents.

    Take the game CD once again. What if I would like to allow my son to play a game on his computer? But as with anybody with kids, it may not be perfectly safe to hand over the original disc. If I can give my son a $1 worth of a CD-R with the contents on it, (of which I have not circumvented any copy protective devices, by making a perfect copy) the situation is much more reasonable.

    Cracking or reverse engineering is a different issue, so perhaps we should stop comparing apples and oranges.

    --
    Wealth is the product of man's capacity to think. -Ayn Rand
  103. Boycott by m0rph3us0 · · Score: 1

    If this is the way these companies want to treat their customers, by denying them their right to watch the movie in a format of their choosing, or simply to to look around and take a peek at whats happening.

    In effect the DMCA prevents me from making a DVD player of my own because in order to transmit the video I must break their encryption which they claim is a copy protection device.

    Personally, I think if they are going to be like this we should use the resources at our disposal to find other means of media content in a non-encrypted and open environment. Namely USENET's exentsive archive of movies in DIVX and VCD format.

    I dont have to go to a movie theatre or to the rental store to get my movies, that is a choice of mine, and if the big labels want my business they should make the movies accessible to me in a format that I can work with. For now, DIVX and VCD are alot more convienent to me then what the big labels are giving me as options to view their movies.

  104. Use DeCSS and get sued by Anonymous Coward · · Score: 0
    Just set up your computer in your living room and hook it up to your TV or a monitor. Insert a legal DVD and start watching it using MPlayer, Xine or Ogle.

    What you've described is perfectly legal. The court ruled that fair use still applies if you have the expertise to exercise it. What's not legal, is distributing the tools to exercise your fair use rights. Or in the case of DeCSS, distributing a tool, which when used in conjunction with other tools, could potentially be used to pirate a DVD.

    If you want to challenge the law, try setting up a business that takes rated-R DVDs and converts them to VCDs without nudity, swearing, or violence. Even though you are not distributing any tools, this is sure to get you sued. There are business which do this with VHS tapes, and they have fought off the MPAA.

  105. Attn. moderators by jdavidb · · Score: 1

    Please visit censorware.org and consider whether this post ought not to be marked "off-topic." The above post appears to be nothing more than a personal vendetta. "Slashdot editors abusing their privileges" may strike a chord with some, but it is definitely not the case here. Notice how concerned he is about "personal smears." Does that have anything to do with this article?

    1. Re:Attn. moderators by Seth+Finkelstein · · Score: 1, Flamebait
      The above post appears to be nothing more than a personal vendetta.

      No. It's in the main part a discussion of personal legal risk, in the context of someone urging me to personally take action similar to the DMCA case which 2600 has done (on-topic!). I could do it (on-topic!), in a censorware context . And I am quite worried about what will happen to me if I do (on-topic! - wow, given this legal appeal failure, is it on-topic!). That's very far from "nothing more".

      For background, please read about programmers having been sued for anticensorware work, and even going to jail over the DMCA.

      That's not "personal" at all, except in the sense that I don't personally want to go to jail, or get sued. Am I wrong for that? (or is it off-topic?).

      "Slashdot editors abusing their privileges" may strike a chord with some, but it is definitely not the case here.

      That's not what I said. Quote:

      So I feel heavily constrained as to what I can do to fight the DMCA, in large part because I have to worry about a Slashdot editor who has already shown he's extremely willing to abuse power for revenge.

      Which part of this do you disagree, purely as a statement of fact? Was Michael Sims correct in the domain hijacking of What Happened To The Censorware Project (censorware.org) ? Am I wrong to worry about the potential for him to abuse his power as a Slashdot editor? I am indeed concerned about personal smears, because such attacks, even from Slashdot comments, ended up as DeCSS court evidence! Is this inaccurate? Is this false? Is this even off-topic for this thread, given that it's about the court decision in the 2600 DeCSS case against the DMCA?

      I realize people say these Slashdot comments lessen me. What can I tell you? It's very frustrating to contemplate the potential legal consequences of doing something to fight the DMCA. It's one thing to post rah-rah comments in a discussion thread. But when one sits down to real consideration of what's involved, that's far, far, more serious.

      Look, you don't have to like me. You don't have to believe that I'm a pleasant person. But I would ask you to respect the severe legal and personal consequences involved in any action against the DMCA.

  106. To quote someone famous by zerocool^ · · Score: 2

    "...

    Mine is a world that begins with school... I'm smarter than most of the other kids, this crap they teach us bores me...

    Damn underachiever. They're all alike.

    I'm in junior high or high school. I've listened to teachers explain for the fifteenth time how to reduce a fraction. I understand it. "No, Ms. Smith, I didn't show my work. I did it in my head..."

    Damn kid. Probably copied it. They're all alike.

    I made a discovery today. I found a computer. Wait a second, this is cool. It does what I want it to. If it makes a mistake, it's because I screwed it up. Not because it doesn't like me...
    Or feels threatened by me...
    Or thinks I'm a smart ass...
    Or doesn't like teaching and shouldn't be here...

    Damn kid. All he does is play games. They're all alike.

    And then it happened... a door opened to a world... rushing through the phone line like heroin through an addict's veins, an electronic pulse is sent out, a refuge from the day-to-day incompetencies is sought... a board is found. "This is it... this is where I belong..."

    I know everyone here... even if I've never met them, never talked to them, may never hear from them again... I know you all...

    Damn kid. Tying up the phone line again. They're all alike...

    You bet your ass we're all alike... we've been spoon-fed baby food at school when we hungered for steak... the bits of meat that you did let slip through were pre-chewed and tasteless. We've been dominated by sadists, or ignored by the apathetic. The few that had something to teach found us willing pupils, but those few are like drops of water in the desert.

    This is our world now... the world of the electron and the switch, the beauty of the baud. We make use of a service already existing without paying for what could be dirt-cheap if it wasn't run by profiteering gluttons, and you call us criminals.
    We explore... and you call us criminals.
    We seek after knowledge... and you call us criminals.
    We exist without skin color, without nationality, without
    religious bias... and you call us criminals.
    You build atomic bombs, you wage wars, you murder, cheat, and lie to us and try to make us believe it's for our own good, yet we're the criminals.

    Yes, I am a criminal. My crime is that of curiosity. My crime is that of judging people by what they say and think, not what they look like. My crime is that of outsmarting you, something that you will never forgive me for.

    I am a hacker, and this is my manifesto. You may stop this individual, but you can't stop us all... after all, we're all alike."

    ~will

    --
    sig?
    1. Re:To quote someone famous by Anonymous Coward · · Score: 0

      You smell of poo.

  107. Re:Errr. . . . Civil disobediance by kadehje · · Score: 2
    While there was a little bit of mention about it prior to it being passed into law, the DMCA was passed very quickly and very quietly. There are enough people pissed off about that to disallow that tactic from being used again for a while. We should be fighting against that tactic but you have to get legislators prepared to fight that for you... there is no other way.


    Ahem...ever heard of something called the "Patriot Act"? Its time of passage (late September 2001) was as dubious as any law enacted by the U.S. in at least 50 years and has the potential to erode Americans' rights at a rate the DMCA could not in the latter law's wildest dreams.

    Right now there are a lot of people urging their legislators to fight against this crap, but most in Congress, especially the more junior members, are scared shitless to break from their party line. Why? Because if they do, they'll be embarassed (if anyone spoke out against a bill called the "Patriot Act", he or she would at best become a laughing stock; at worst be branded as a terrorist) and possibly have their political balls chopped off. Right now, the power in Congress is concentrated into the hands of a very small group of senior members. This power imbalance is especially evident in the Senate, where unless 60 colleagues can stop him or her, a determined Senator can block any bill from being acted upon by means of filibuster. Piss off one of these elite members, and forget about ever getting your pet legislation up for a vote.

    In the mid 1990's, Mass. Governor Weld was nominated by President Clinton for the Mexican ambassadorship. Weld and Clinton both knew that getting Weld confirmed would be a tough battle with the Senate; Weld in fact resigned as governor to pursue this federal position. Little did they know that the Senate would never get the chance to confirm or reject him. Jesse Helms, the chair of the Foreign Affairs committee in the Senate, prevented the nomination from ever getting to a vote because of a personal problem he had with Weld. Apparently, he pulled a parliamentary maneuver that could not be overruled by the rest of the Sentate, unlike a filibuster. WTF? I thought the Constitution allowed the President to appoint people to executive branch positions with the "advice and consent of the Senate", not with the "advice and consent of the Senate, provided that no prominent members of the Senate object to giving to or witholding from the President said consent." I'm sorry, I think that in all such situtations, the President is entitled to a "Yes" or "No" response from the whole Senate. Period. A "we're not allowed to decide because Daddy Helms won't let us" response should be unconstitutional.

    I gave this nomination example since I'm more familiar with it than most other failed legislative exploits (it was a big story in the Boston media at the time), but I know it happens all the time with Congress members' legislation too. I understand that there are only a finite number of bills that can be considered during a two-year term and that of this number, some of them absolutely must be debated (e.g. the budget), but the way the Speaker of the House, the Senate President, and select heads of committees in each house have control over the legislature's agenda more closely resembles a dictatorship than a democracy. I wonder how many times a rookie Senator from a small state has successfully managed to keep a pork bill sponsored by Senator Hollings, Hatch, Helms, or Kennedy off the agenda in recent years? Not many. There always seems to be enough time to debate and vote on those bills for some reason. But then time mysteriously expires when Sen. Rookie introduces his bill...

    Right now, members outside of the elite will get run out of office before they can substantially affect the way things are done in Congress. Unfortunately I don't see a way this will change any time soon. Changing the way Congress works would require the work of 300 to 400 members; that is a substantial majority of each house. Considering that this majority will in all likelihood consist of a relatively equal mix of Republicans and Democrats (and possibly a few of other or no party affiliation), there will be a multitude of reforms proposed and debated. Unfortunately, this divided group will end up implmenting very few if any of these reforms, thus allowing the elite members to retain their stranglehold over the legislature's agenda.

    Also, the belief that every voter has the power to change this is oversimplified at best. Over 98% of the U.S. population will have absolutely no say over whether Senator Hollings will get re-elected in South Carolina. 99 percent will not get to voice their opinion of Orin Hatch the next time his term comes up. Considering at most a few dozen lawmakers are in this elite group that sets each term's legislative agenda, I would venture to guess that over 90% of eligible voters will have no direct say over whether the present state of affairs changes on Capitol Hill.

    The best most Americans can do is vote for outsiders (i.e. against the incumbents) and hope that a critical mass of fresh blood can get together and begin to buck the oligarchy's hold over the U.S. This will take either a miracle or at least several decades to pull off.

    Until then, I really don't see how the special interests (including the media) are going to stop having an inordinate amount of influence over U.S. policy. Changing this situation is something that's going to require at least a nationwide (some international pressure may even be necessary) grassroots effort. In other words, try as we might, don't expect any meaningful results for many years from your campaigns. Hell, it took 90 years and half a million wartime casualties to ostensibly eliminate slavery from this country. Many would argue that de facto slavery continued in the U.S. for nearly a century after the Civil War. If that kind of effort is required to defeat an blatant injustice like slavery, it's going to require a lot more than a "FP? I love CowboyNeal" post on Slashdot to eliminate the threats created by the likes of the DMCA and CBPTDA. I think these laws will be overturned or at least their effects will be mitigated eventually. However, "eventually" is a very open-ended term.
  108. Re:What a crock of shit by Anonymous Coward · · Score: 0

    You really are an idiot. Seek mental help - quick.

  109. Another Means of Attack... by ronfar · · Score: 2
    I keep wondering, though, if an organized political movement couldn't do something about Michael Eisner. See, he's the real problem. He's the leader of the content lobby and the head of the powerful Disney corporation. If he, himself, were to crash and it was clearly seen that it was because he angered the tech lobby, we could bypass Congress altogether.

    Maybe those of us who are in the tech lobby should stop worrying about those old bastards who run our world and start thinking about the people who are prompting this insane legislation. Those people head corporations, they don't hold Senate seats.

    What if everyone who hated this kind of stuff bought a few shares of Disney stock, and then used that stock to run the company into the ground? (I imagine it could be done if we owned enough of it.)

    Robert A. Heinlein wrote in the novel Friday, "How do you fight IBM?" Maybe it is time to take that question seriously.

    Making legal war against a corporation in the realm of economics? Is it possible?

    I probably just have too much imagination. However, I remember one of the content lobbies talking heads saying something like, "It's like a religion, they won't let us tell them what to put in their computers." Well, it really is my religion, a belief in Progress. I'd like to think I'm not the only one.

    --
    All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)