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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.
"the DeCSS.exe utility, which decodes DVDs and allows them to be viewed on a Linux computer."
.exe utility which is made for running under _windows_ and then I can view it on a _linux_ computer? .exe
:)
Now what? an
blargh... when you think you're finally done with the windoze thing, they come up with an
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.
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
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..."
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 $20 or so and have a nice library. It's retarded to spend all that time stealing a movie then pay big bucks for a writable DVD.
Don't anthropomorphize computers, they don't like it.
No wait... the website has been changed...
The ruling has been reversed? Hmmm. I wonder how that could have been done?
/^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
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
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!
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.
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.)
The first rule of Operation Total Chaos is that we do not talk about Operation Total Chaos.
SO SHUT UP!
Eve Fairbanks says I drive a hybrid!LOL
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)
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.
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.
Blogging because I can...
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
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.
And to whet your appetite, here is the introduction:
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.
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"
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.
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.
www.eFax.com are spammers
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/
"What's so special about the internet that my free speech rights don't apply?"
Good one mate!