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Felt Tip Marker Defeats Copy-Protected CDs

We posted this story over a week ago but the mainstream media has flooded us with stories about felt tip markers and copy protected CDs so I figured I'd post it again since I'm really sick of deleting hundreds of submissions from people who didn't read Slashdot on May 13 ;) Basically you can mark the rim of some CDs and defeat the copy protection. And we all know what the DMCA says about tools for circumventing copy protection.

109 of 383 comments (clear)

  1. Repeat by quantaman · · Score: 3, Funny

    Haha they posted a repeat the editors are such...

    Ummmm nevermind

    --
    I stole this Sig
  2. Ah I see by gazbo · · Score: 4, Funny
    All this time I've complained at duplicate articles, now I see it's a 'feature' not a 'bug'.

    Where have I heard that before?

    1. Re:Ah I see by CaseyB · · Score: 2

      You're missing the real objective here: slashdot wants to get more revenue from all the readers that are compelled to reply to duplicate stories. They get MORE traffic on dupes, because not only to readers view them, they are powerless to resist replying to them. That adds up to several more page hits.

  3. To be on the safe side... by Andorion · · Score: 4, Funny

    I threw out all my felt-tip markers when I read about this... I wouldn't want to have any tools for the circumvention of copy protection around my house.

    -Berj

    1. Re:To be on the safe side... by ImaLamer · · Score: 2

      I use all my felt tip markers to label mp3 CDs I make... I guess now I need to just guess where the music files are that I want.

  4. Confused editor by AirLace · · Score: 5, Insightful

    And we all know what the DMCA says about tools for circumventing copy protection.

    I thought the DMCA only stipulates laws for devices designed specifically copyright violation? A marker pen clearly doesn't fall into this category. Otherwise they could have outlawed CD burners, photocopiers and who knows what else by now.

    1. Re:Confused editor by meringuoid · · Score: 3, Insightful

      I thought the DMCA only stipulates laws for devices designed specifically copyright violation? A marker pen clearly doesn't fall into this category. Otherwise they could have outlawed CD burners, photocopiers and who knows what else by now.

      Tell that to Dmitry.

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:Confused editor by sydlexic · · Score: 2, Insightful

      if the MPAA/RIAA has their way, these evil tools (and others) will be outlawed. if you buy a DVD player or VCR in 5 years, it will have two buttons: power and play.

    3. Re:Confused editor by rsidd · · Score: 5, Interesting
      I thought the DMCA only stipulates laws for devices designed specifically copyright violation?

      No. Read the DMCA. It outlaws devices which can be used for bypassing digital copy control mechanisms, regardless of possible legitimate uses. CD burners don't pass copy control mechanisms, photocopiers don't deal with digital media (unless it's a barcode or something...). But a felt-tip pen which is used to bypass the manufacturer's CD copy control mechanism -- that's illegal under the DMCA, and I hope somebody sues for outlawing these evil things, that should show 'em...

    4. Re:Confused editor by Querty · · Score: 2, Insightful

      Otherwise they could have outlawed CD burners, photocopiers and who knows what else by now.

      They are most likely working on getting those restricted at this very moment...

      Next is the banning of uncensored Internet, shortly followed by requiring all the women to wear shrouds.

      See you on the other side....

      --
      Being paranoid is FUN!

    5. Re:Confused editor by LittleGuy · · Score: 2

      Remember back in your younger years when shop owners wouldn't sell eggs, paint, or model glue to kids unless a parent was present, since they retailers wouldn't know the deviant hooligans were going to use the stuff for graffiti, public defacement, and getting high (but not in that order)?

      Well, look to register to the Feds to obtain a Sharpie....

      --
      Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
    6. Re:Confused editor by ThePilgrim · · Score: 4, Funny

      I'm sorry but thats one button too many.

      It will only have one button; eject.

      The VCR/DVD/CD Player will be allways on and will have to be connected to the phone line in order to work (so that your listning/veiwing habits can be tracked).

      In fact we can probably get away without the eject button, if we make all players one shot devices.

      --
      Wouldn't it be nice if schools got all the money they wanted and the army had to hold jumble sales for guns
    7. Re:Confused editor by DennyK · · Score: 3, Funny

      Don't you mean power and pay? ;-D

      DennyK

    8. Re:Confused editor by HuskyDog · · Score: 2
      I thought the DMCA only stipulates laws for devices designed specifically copyright violation?

      I seem to recall that in the latest 2600 DMCA appeal the judge basically said that when Congress passed the DMCA it intended to outlaw circumvention devices even if they had other legitimate uses. Sadly, I can't now find the link where I read this.

    9. Re:Confused editor by kaimiike1970 · · Score: 5, Funny

      You are correct. Unfortunatly, the price of sharpies will quadruple to pay for 'piracy potential'.

      --


      Do a google search before posting.
    10. Re:Confused editor by _Sprocket_ · · Score: 3, Insightful


      I thought the DMCA only stipulates laws for devices designed specifically copyright violation?


      Have you been paying attention? The DMCA is constantly invoked in legal threats against technologies that have legitimate uses. Poke around Slashdot's stories.


      Otherwise they could have outlawed CD burners, photocopiers and who knows what else by now.


      CD burners and photocopiers do not circumvent copy protection schemes. And that leads in to an interesting point.


      DeCCS was an interesting example of a technology attacked with DMCA claims despite its claims towards the DMCA's own interoperability clause. Yet, to pirate a DVD, one simply needs to make a bit-for-bit copy of the DVD, leaving the CCS "copy protection" scheme in place.

    11. Re:Confused editor by joshsisk · · Score: 2, Funny

      I bet at least one person has had an embarassing incident over this...

    12. Re:Confused editor by hyperizer · · Score: 3, Insightful

      Tell that to Dmitry.

      But Dmitry's software was specifically designed to circumvent Adobe's (measly) ebook copy protection. Felt tip pens are not specifically designed to circumvent Sony's CD copy protection...

    13. Re:Confused editor by rsidd · · Score: 2

      Actually I may have overstated things a bit: read the thread a little further down. But telling people how to do this is unquestionably in violation of the DMCA. CNN, Reuters, watch out.

    14. Re:Confused editor by okvol · · Score: 5, Funny

      Hollingsworth is submitting a bill to make it manditory to have a device on all felt tip pens to prevent use on copy-protected CDs.

      --
      cabg x3 is a life changing event...
    15. Re:Confused editor by Clue4All · · Score: 2

      His software was designed solely for the purpose of pirating eBooks. I'm not sure why we're giving this guy or his company a break for repeated dubious behavior. Not everything should be free, like my hard work.

      --

      Is your browser retarded?
    16. Re:Confused editor by stratocaster · · Score: 2, Insightful


      While I do like the joke of the marker being used to circumvent the DMCA, I believe the
      analogy is completely flawed. The pen is just a *tool* to create a particular *type* of circumvention device (in
      this case a mark on the CD). For example, with DeCSS, your text editor (where you edit the C code)
      or compiler are not circumvention devices, they are tools which allow you to create the device (
      source code or executable code -- these both seem to be considered circumvention devices.)

      An illustration: one could imagine a product which consisted of a mostly clear, CD-sized sleeve with a small
      sliver of black on it which would do the same thing as this mark on the pen. It would be this sleeve -- which
      one inserts the CD in -- that would be illegal, and not the materials that it was made out of. To conclude,
      the resultant ink mark is the actual circumvention device, not the marker.

    17. Re:Confused editor by roybadami · · Score: 5, Insightful

      His software was designed solely for the purpose of pirating eBooks.

      FUD

      His tool was designed solely to allow copying of e-book data to another format. Not all copying is piracy; some is fair use.
    18. Re:Confused editor by morcego · · Score: 2

      Your analogy is incorrect.
      If it was true, then DeCSS is also not a circunvection device. Your computer processor is. Or your DVD-Drive.

      --
      morcego
    19. Re:Confused editor by tshak · · Score: 2

      Good post but FYI it's DeCSS which is decrypts CSS or the Content Scrambling System found on DVD's.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    20. Re:Confused editor by Radical+Rad · · Score: 2

      yeah and then the burning of books so that all content will exist only in digital format.

    21. Re:Confused editor by fishebulb · · Score: 2

      your stupid.

      so i guess the FBI was only wanting to pirate ebooks, because they purchased that software.

      i doubt many people will purchase that software, if they only want to use it to pirate ebooks. they are stealing books, they will still the software.

      someone who buys that software, will have a legit use for it

    22. Re:Confused editor by Blue23 · · Score: 2

      Hollingsworth is submitting a bill to make it manditory to have a device on all felt tip pens to prevent use on copy-protected CDs.

      Don't be silly, it just introduced a bill so that only the RIAA can manufacture felt tip pens, this way they can charge an appropriate rate for them to offset the profits lost due to potential piracy using them.

      Oh, and a rider on it extends the blank media "tax" to also include paper. Both lined and unlined.

      =Blue(23)

      --
      LITTLE GIRL: But which cookie will you eat FIRST? C. MONSTER: Me think you have misconception of cookie-eating process.
    23. Re:Confused editor by GSloop · · Score: 2

      But fair use would allow you to "break" the protection to backup the work (PDF) or to move it to another device. These are not copyright infringements.

      The facts are, that the DMCA doesn't make any exception for uses that wouldn't infringe copyright. If it's a circumvention device, it's illegal.

      As we can see, only selective enforcement of this law will keep it around for even a short period of time. But, eventually, more and more draconian enforement will follow, and people will tire of such laws - and all this provided it doesn't fail in a real test in the courts. Something like Felton et al.

      Cheers!

    24. Re:Confused editor by Thing+1 · · Score: 2
      Hollingsworth is submitting a bill ...

      Silly okvol, you should know there's no worth in Hollings (D, Disney).

      --
      I feel fantastic, and I'm still alive.
  5. Are news sites all in violation of DMCA now? by baboin · · Score: 4, Insightful

    If 2600 couldn't even link to sites offering DeCSS downloads, does the DMCA also prohibit news sites and Slashdot from even mentioning that markers can defeat Sony's CD copy protection mechanism? Whoops, did I just incriminate myself?

    1. Re:Are news sites all in violation of DMCA now? by WEFUNK · · Score: 2

      It is highly doubtful that any of the major news sites will get sued for this. This might be a good thing though.

      While not actually precedent setting in the usual sense, people who might be charged in the future for DMCA violations could point to this type of story and the related lack of action as part of their defence.

      Now I know you can't use "the other guy was speeding and he wasn't pulled over" as an excuse for breaking the law, but in this case you could say that "the other guy was going just as fast as I was, and he wasn't pulled over, and furthermore, think about how silly it would have been if he had been, so clearly I wasn't speeding either." There's probably a good legal way of saying this.

      Also, "Your honor, this suit is clearly frivolous, if you decide to hear this case, then they could just as easily sue CNN for posting this story, and Sharpie for making these pens. Clearly this is not want the drafters of this law intended [and/or this would clearly violate other laws/rights]."

      IANAL but I think that analogies like felt pens and post-it notes should be used in any future DMCA copy circumvention case even if all it does is plant a bit of doubt in a judge or jury. Preferably a real lawyer could find a way to make a legal point that sticks.

      --
      My next sig will be ready soon, but friends can beat the rush!
  6. DMCA markers by dmanny · · Score: 4, Funny

    In a surprise announcement today the justice department attempted to release the details of "Operation Sharpie" in which all felt tip markers are to be confiscated. The press conference ended prematurely when a SWAT team crashed in and siezed the whiteboard and all other presentation materials as evidence.

    --
    All my previous sigs now look like this one, I wish they were permanetly recorded when used. :-(
    1. Re:DMCA markers by GMontag · · Score: 2

      The Congress moved swiftly to a joint emergency session!

      Topic: "circumvention device" registration and licensing to protect the children.

  7. Gotta love it by cmay666 · · Score: 2, Insightful

    I just love the low tech solution to their high falootin attempt to screw us. There's gotta be a lot of RIAA people pulling their hair out the last couple weeks. :)

  8. Remember Dongles? by DavidpFitz · · Score: 2

    Remember those dongles you had to put on your parallel port to get AutoCAD to work? Well, I remember getting around that (not actually the AutoCAD one, was for another app) by copying the circuitry inside the dongle... it was really simple, just a couple of wires looping back. Does this mean a soldering iron is illegal? What about the circuit board, or the wire? Or what if I employed someone else to do it? Are they themselves illegal (how does that work!?) since I'm just using them as a tool.

    And, if the copy protection is so lame that it's trivial to break, doesn't that mean that general purpose things can be used to break the protection, and that's just mad. Think of password protected software... is a dictionary illegal since I might try to type in every word in it to gain access so I can copy it.

    Stop the madness!!!

  9. Back in my day by unformed · · Score: 5, Funny

    We used felt tip markers to get high. Damn these kids with their fancy gadgets and such.

  10. Has anyone actually proven this? by dschuetz · · Score: 5, Interesting

    Has anyone actually been able to prove that this works? I'm not talking about anecdotal evidence, I mean, has any geek with /.'s general communal respect actually taken a stack of CDs, tried to rip them, gotten errors, marked the CDs up, and then got them to rip with no errors?

    And then documented the crap out of it?

    This all smells too much like the audiophile tricks of the 80's where coloring the outside rim of a CD was supposed to "trap stray laser radiation and improve the [clarity | transparency | imaging | other-nonsense-claptrap] of the music." (see the snopes entry on this one).

    I ask because I'm really curious what the scientific explanation for this would be. It was my understanding that they (the infamous "they") did something to the actual track of the CD, with bad physical spacing, introduced errors, or something like that, but did it *throughout* the CD. How on earth would marking the inside of the CD fix that?

    [okay, I just actually *read* the article. :) But I'd swear that an earlier posting talked about marking the inside, not outside, of the CD. Anyway, my question still holds -- any geek-written report on this, or do we only have the mainstream press to trust as to whether this actually works, and for which CDs?]

    1. Re:Has anyone actually proven this? by Dimensio · · Score: 5, Informative

      The explanation is simple.

      The "copy protection" is simply a means of preventing the discs from working in a PC. This is done by putting a phony "data" track on the outer rim of the disc. It's visibly seperated from the rest of the information on the disc by small ring between the data and audio sections. An audio CD player will never access this track, but a PC CD-ROM drive will always try to read the data tracks first -- since it can't read the data track it regards the CD as non-working and you won't be able to play it. Using a sharpie on the outer rim (from what I understand you make a diagonal mark along the data track that runs tangent to the seperator for the audio track, but does not actually mark over the audio tracks) you block out the data track, and as such the drive won't read it.

      Reuters picked up the story and said that they tried it with success on the known Celine Dion non-CD.

    2. Re:Has anyone actually proven this? by proj_2501 · · Score: 2, Insightful
      Anyway, my question still holds -- any geek-written report on this, or do we only have the mainstream press to trust as to whether this
      actually works, and for which CDs?



      why don't you try it yourself?



      And what the heck is this "geek-written" vs. "mainstream" business? Did Mahir Cagri not show that everything on the Internet is mainstream?

    3. Re:Has anyone actually proven this? by ipmcc · · Score: 5, Funny

      The proper procedure for dealing with Celine Dion non-CDs in particular is to color in the entire CD with the marker. This not only defeats the copy protection but prevents the CD from ever being played in any player, which is what's best for society anyway.

      --
      This too shall pass.
    4. Re:Has anyone actually proven this? by gid · · Score: 2

      I saw that blurb about Reuters trying it, and I don't know what's worse: The cd copy prevention which probably took millions to develop and test getting cracked with a fucking magic marker that somone found in a drawer in between a gummy eraser and a "bop-it" pen... or that Reuters admitted to buying a Celine Dion CD.



      Damn... that whole joke just came off as lame, maybe a bit too contrived, oh well... it woulda been funnier had I told it. You gotta have respect for humor writers, it's tough to do and actually be funny.

    5. Re:Has anyone actually proven this? by spiral · · Score: 2

      > why don't you try it yourself?

      The cause may be good, but not good enough to justify owning a Celine Dion album.

      --
      Drinking will help us plan!
  11. alt.music.what? by MrHat · · Score: 2, Funny

    "I wonder what type of copy protection will come next?" one posting on alt.music.prince read. "Maybe they'll ban markers."

    Maybe they'll just ban Prince. I think that would be one use of the DMCA that we could all approve of.

    Ok, ok. Kidding. I know: DMCA evil. You guys are right. Now move along.

  12. What about the green magic markers? by Keith+Mickunas · · Score: 2, Funny

    If you use the black marker to defeat the copy protection, can you still use the green magic marker to make it sound better? And will that improve the sound of your MP3s?

    1. Re:What about the green magic markers? by Keith+Mickunas · · Score: 2

      This raises a more important point. Why would anyone buy the album in the first place and then why try and copy it? Does anybody really think Celine Dion fans are the type to get on the internet and download her album?

  13. You can have my Sharpie when... by chris_martin · · Score: 2, Funny

    You pry it out of my cold dead hand.

    Or...

    When Sharpies are outlawed, only outlaws will have Sharpies

    --
    -- Chris Martin, System Administrator
    1. Re:You can have my Sharpie when... by qslack · · Score: 2

      Sharpies don't defeat copy prevention, people defeat copy prevention.

    2. Re:You can have my Sharpie when... by CokeBear · · Score: 2

      So will people next be outlawed under the DMCA?

      What about brains? I might use my brain to think up a new way to defeat copy protection. I guess I'll just have to report to the nearest re-education center to have that fixed.

      --
      Reality has a liberal bias
  14. DMCA jokes by Erasmus+Darwin · · Score: 5, Insightful
    Call me crazy, but I'm getting tired of all 30 billion variations of "OMG! A paperclip is an illegal copy protection circumvention device because I can use it to poke out the eye of the person who makes the CDs, causing him to go to the hospital when he's supposed to be putting on the security track."

    At this point, I long for the days of trolls posting haikus about a petrified Natalie Portman slathered in hot grits driving the Slashdot Cruiser over to a Beowulf cluster. At least those posts tended to get appopriately modded down as trolls rather than modded up as both insightful and funny.

    The DMCA circumvention device joke has been made. Several times. Stop mindlessly repeating it like you're Raymond going through the Who's On First routine. Besides, I hear Amazon.com has a patent on the business model of mindlessly repeating a joke.

    (I apologize for cluttering up the comments with meta-discussion, but I felt the point needed to be made. Also, since this is just a repost, most important points have already been made.)

    1. Re:DMCA jokes by Dutchmaan · · Score: 2

      ok how about..

      One Beowulf cluster of DMCA circumvention devices to rule them all, one Beowulf cluster of DMCA circumvention devices to find them, one one Beowulf cluster of DMCA circumvention devices to bring them all, and a first post to bind them!

      ...amen

    2. Re:DMCA jokes by Mike+Schiraldi · · Score: 2

      You're talking to the crowd that thinks it's funny to have "Cowboy Neal" at the end of every poll.

    3. Re:DMCA jokes by teamhasnoi · · Score: 4, Funny
      Natalie Portman
      slathered in hot grits driving
      the Slashdot Cruiser.

      Beowulf cluster
      imagining it is a
      Black Sharpie Marker.

      The DMCA
      circumvented by markers
      Sony weeps openly.

      Haiku just for you
      all insightful and funny
      Slashdot is ok.

    4. Re:DMCA jokes by Maserati · · Score: 2
      Funniest. Haiku. Post. Ever.


      I think we're done with gratuitous haiku for a while. But it's been nice to see poetry in use.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  15. Slashdot is guilty by tweakt · · Score: 2

    of violating the DMCA. It's illegal to spread information on how copy protection systems can be circumvented. Just ask Dmitry...

  16. apathetic journalism 101 by augros · · Score: 2, Insightful

    this is classic. this article is really about how the editors hate our story submissions, and how they really don't care about the news anymore. but that's nothing new either. so it's a double repeat!

  17. Taco: Here's How to Solve Your Problem by omnirealm · · Score: 2


    I'm really sick of deleting hundreds of submissions from people who didn't read Slashdot on May 13

    Taco, sounds like you have a problem here. One solution is to post a duplicate story. Allow me to suggest an alternative.

    void processSubmission( char* submissionString, char* toExclude[], int toExcludeLength ) {

    int x;

    for( x = 0; x < toExcludeLength; x++ ) {
    if( strstr( submissionString, toExclude[x] ) ) {
    return;
    }
    }

    askTaco( submissionString );

    }

    Of course, if you need a little more power, there's always regex.

    --
    An unjust law is no law at all. - St. Augustine
    1. Re:Taco: Here's How to Solve Your Problem by omnirealm · · Score: 2

      Slashdot is written in Perl, not C.

      That's an entirely different problem that needs addressing...

      --
      An unjust law is no law at all. - St. Augustine
  18. "Not technically a CD" by flipflapflopflup · · Score: 2
    In an article (on Apples' website) linked to from the previous posting of this story, it was stated that such copy-protected cds aren't technically or legally CDs.

    Therefore, shouldn't there sales be discounted from the CD charts?

  19. Read the DMCA by Royster · · Score: 5, Informative
    Right here.

    Specifically:
    Title 17, Section 1201(a)
    (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that -
    (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
    (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
    (C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.


    Felt tip markers are not primarially designed to circumvent access controls. Felt tip markers have lots of commercially significant purposes other than circumvention.

    But, if you marketed a felt tip pen with the name CD Rip (TM) brand felt tip pens and included instructions for how to circumvent CD protection than you should expect a C&D letter.

    It's the same situation as the fellow who's program unset the true type embedded bits and a generic hex editor. The first tool has one purpose, to twiddle embedding bits. The second tool has lots of commercially significant purposes many unrelated to any kind of circumvention.
    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    1. Re:Read the DMCA by Triskaidekaphobia · · Score: 2, Interesting

      How does the logic in laws work?

      I see there is an "or" between (B) and (C), but nothing between (A) and (B). Can I assume the absence of an operator implies "and".

      If so, which takes precedence?

      Is it ( A and B) or C

      or A and (B or C) ?

    2. Re:Read the DMCA by rsidd · · Score: 2
      (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title;


      The RIAA estimates "piracy" losses at $300 million a year or more. I'm not sure, but I suspect this could be a larger number than the market for felt-tip markers for "other" purposes. Admittedly, the other two conditions (A) and (C) above are probably not applicable, but this one could be (stupider judgements have been made) and it's an "or" clause.

    3. Re:Read the DMCA by First+Person · · Score: 2

      It's A and (B or C).

      --
      Given one hour to live, the student replied: "I'd spend it with professor FP who can make an hour seem like a lifetime."
    4. Re:Read the DMCA by Sloppy · · Score: 3, Interesting

      But, if you marketed a felt tip pen with the name CD Rip (TM) brand felt tip pens and included instructions for how to circumvent CD protection than you should expect a C&D letter.

      It's the same situation as the fellow who's program unset the true type embedded bits...

      IMHO, it's very interesting that you brought these two things up together.

      One of the factors that made the "embed" author clearly safe from DMCA infringement, was that he owned some fonts that needed their bits fixed. By the definitions within DMCA, you can only be engaging in "circumvention" if you don't have "authorization" (presumably from the copyright owner) and since he obviously authorized people to use his tool on his fonts, it's primary purpose was not to circumvent. Yes, it's primary purpose was to unset the bits. But that isn't circumvention, because having authorization causes the act to not be circumvention. Yes, I'm being pedantic about the definitions, but hey, that's what the DMCA text says.

      In the DeCSS case, nobody who was friendly to DeCSS, happened to also own the copyright on a CSS-protected DVD. The only entities who owned CSS-protected works were the MPAA. Thus, MPAA had a case for claiming that no one had been authorized (ignoring the implicit authorization that comes with selling someone a DVD -- Kaplan was very MPAA-friendly). Thus, this point didn't really come up (but it would have, if someone friendly to DeCSS had managed to create a CSS-protected DVD).

      So in light of all that, let's not forget something: if the copyright owner of even one of these "protected" CDs decides to authorize people to use markers in order to play their CD, then even CD Rip(TM) brand markers will become legal. The marker's primary marketed purpose will be to defeat the protection, but this activity will not be the same as "circumvention" as defined by DMCA.

      There are a lot of musicians. The rest can be inferred by the reader. :-)

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    5. Re:Read the DMCA by dcgaber · · Score: 2

      I think the key here is also that the (B) "effectively controls access". By definition, a control that be circumvented by a .99 pen and no special skill is not much of an effective control.

      As nice as it would be to use this to show the DMCA for the sham it truly is, this is not going to be the test case.

      I would note that putting recording celine dion and putting her voice on a CD is a MUCH better effective control for protecting that work. I mean, I would never want to listen to that, much less put it on my HD or copy it...would you?

    6. Re:Read the DMCA by eyeball · · Score: 2

      Felt tip markers are not primarially designed to circumvent access controls. Felt tip markers have lots of commercially significant purposes other than circumvention.

      So that begs the question, how would the courts (or lawyers) prove that DeCSS's primary purpose is to circumvent copyright. What if the developers developed it for some other purpose, and it (tongue in cheek) just happened to circumvent dvd copy protection?

      --

      _______
      2B1ASK1
    7. Re:Read the DMCA by cthugha · · Score: 2

      The conjunction used between the second-last and last sub-paras is read back as applying to all other alternatives. So it is A or B or C in this case.

  20. Except that in many cases it's true... by Dimensio · · Score: 3, Insightful

    The DMCA was used to smack-down 2600.com for simply linking to a copy circumvention device (DeCSS) -- they were successfully prosecuted for providing information on copy protection circumvention devices even though they did not distribute the device or engage in the circumvention themselves.

    While Sharpie markers are not likely to be outlawed since they have known legitimate functions (whereas making a non-CD workin your computer is illegal), giving information on how to use a Sharpie marker to circumvent a copy protection device probably is illegal. That's the absurdity of the law and proof that the legislators responsible for the piece of filth known as the DMCA deserve to be shot. And stabbed. And beaten. And boiled. And whipped. And drawn and quartered.

    1. Re:Except that in many cases it's true... by Erasmus+Darwin · · Score: 2
      "giving information on how to use a Sharpie marker to circumvent a copy protection device probably is illegal."

      That's a good point, as it does bear some close resemblance to the Dmitry case. Unfortunately, that point is getting lost amidst dozens of people going on about Staples getting sued for distributing circumvention devices.

      I'm not against people raising a legitimate issue. I'm just tired of people making the same cookie cutter DMCA joke (not even jokes, since they're all really the same joke).

    2. Re:Except that in many cases it's true... by HiThere · · Score: 2

      ...the legislators responsible for the piece of filth known as the DMCA deserve to be shot. And stabbed. And beaten. And boiled. And whipped. And drawn and quartered.

      You are being too kind to them. I admit that I would be reluctant to use even those gentle measures in person. But I sure wouldn't weep if worse happened to them. Personally I consider each and every one of them false to their oaths of office, and traitors to the country. I don't consider that they were taking bribes is any kind of a defense at all. And if they call it "accepting favors from a lobbyist", they just make it worse ... they don't even show any remorse.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  21. Jobs by t_allardyce · · Score: 2, Insightful

    I'm surprised that the tech industry, especially slashdot isn't taking proper advantage of the current situation. Shame on you, just think of all the jobs around at the moment to develop copy-protection/drm systems - no, obviously im not saying you should actually try and develop a good system (if thats even possible) what im saying is that you could work for these companies and produce equally bad systems and make lots of money. not only that, but you could purposely build in back doors. These companies simply must understand that they are inferior, stupid people, and we are all laughing at them while gnutella runs in the background :)

    - oh yeah, and the pen thing? I've known for along time that pens are very dangerous. They allow people to express ideas, write encrypted messages (you can do simple encryption with pen, paper, and calculator) and even let people draw pornographic pictures (well that's pretty much all I did in art class). Pens and all other writing equipment should be replaced with government approved electronic note-pads that scan the user input for illegal ideas, and banned words and just delete them. :)

    --
    This comment does not represent the views or opinions of the user.
  22. Congress acting by briggsb · · Score: 2

    Everyone's favorite Senator has already proposed legislation to stop the menace of the marker.

  23. Felt Tip Marker Companies Get Sued Under DMCA by repoleved · · Score: 2, Funny
    May 22 2002: AP is reporting that several major motion picture industry companies have launched a class-action lawsuit against ...

    1. Garvey Products which sells felt markers that can be used to circumvent a digital rights managed compact disk...
    2. Exotic Birds which has been teaching children the mechanisms by which felt markers leave an indelible mark, which is the key to defeating the copy protection on a number of protected devices.
    3. Instrument Sales which in addition to standard felt markers, sells lumber crayons, which can be used to circumvent even HEAVY DUTY copyright protection!

    In other news, CNN is reporting that a Waste Minimization Assessment for a Manufacturer of Felt Tip Markers has just been published, highlighting the many environmental dangers behind the production of Felt Tip Markers...

    All over the country, newspapers and TV news stations are running stories about inhalant abuse, saying that "Inhalants are the third most abused substances among 12 to 14-year-olds in the United States, coming in right behind alcohol and tobacco." (emphasis in original)

    Shop owners are being interviewed for upcoming movies which depict them as being devastated by marker graffiti on their shop windows...

    And parents are complaining (on national television news, every day) that their kids are coming home covered in marks from classroom marker fights!
  24. Visual demonstration of the technique... by Dimensio · · Score: 5, Funny

    WARNING: The following image may be illegal under the DMCA. Further, the image depicts the actual commission of a felony offense in the USA. You have been warned.

    Marker Method Illustrated.

  25. The DMCA is no joke. by redelm · · Score: 2
    OK, I'll call you crazy since you requested it. If you think the DMCA is a joke, please talk to Dmitri Skylarov.


    And yes, a paperclip could be considered a circumvention device. It enables you to unlock some CD drive drawers so you can keep trying low level circumvention hacks.

  26. OfficeMAX Commercial? by _ph1ux_ · · Score: 5, Funny

    Life:

    Customer: Hi, where can I find blank CDs?
    Employee: Making Copies. huh? They are on isle five.

    If Life were like OfficeMAX:

    Customer: Hi, where can I find blank CDs?
    Employee: Making Copies. huh? They are on isle five.Right next to the felt tip pens which can be used to circumvent the copy protection of the CDs taht you may be copying. Here I'll print out the instructions for you. And here is my username and password to ftp.phat-warez.com

  27. Just got back... by _ph1ux_ · · Score: 2

    From OfficeDepot, I figure I will get all the felt tip pens i can now - and i will corner the illicit felt tip pen market in no time. Screw coke and pot sales... illegal felt tip pens are gunna bring in a fortune! Its like prohibition all over again. Just call me Al!!

    1. Re:Just got back... by InigoMontoya(tm) · · Score: 3, Funny
      Just call me Al!!

      Okay.

      --Betty

      --
      This signature is self-referential.
    2. Re:Just got back... by _ph1ux_ · · Score: 2

      someone got it!

  28. Here's an Idea by MadFarmAnimalz · · Score: 3, Interesting

    Let's see what you folks make of this.

    The way that democracy and judicial system of yours works at the moment, just about the only thing that will get lawmakers to stick up for Joe and Jane is public outrage/ridicule.

    Basically, I think the EFF should throw the DMCA at the people who make Crayola. Sue the pirating bastards.

    Don't tell me that wouldn't make headlines. And headlines would raise public awareness of the DMCA issue.
    If the DMCA is ridiculed in public over its potential uses, I don't think it'll last long.

    Never mind whether the EFF would win or lose; the whole point is to showcase the idiocy of this law.

    Anyone listening?

    --
    Blearf. Blearf, I say.
  29. In related news... by DragonPup · · Score: 2

    The president of Sharpie today was dragged from his office by federal agents and is being transported to an undisclosed maximum security federal jail. He stands accused to breaking the security of CD protection and is being treated as a domestic terrorist that endangers our national economy.

    Federal authorities also raided local Taco Bells today in seach for the terrorist known as 'CmdrTaco'. Unable to find the self proclaimed commander of the Tacos, John Ashcroft vowed to keep the search for the Taco Commander until he is found and brought to justice.

    -Henry

    --
    "Useless organic meatbag" -HK-47
  30. Actually... by wiredog · · Score: 2

    A haiku "about a petrified Natalie Portman slathered in hot grits driving the Slashdot Cruiser over to a Beowulf cluster" would probably get modded up to +5 for the sheer creativity inherent in the thing.

  31. Base by t_allardyce · · Score: 2

    dude:

    "all your marker are belong to us"

    now those "CD Markers" you can buy which are sold for marking on your CD-Rs etc. are going to face the courts.. oh, no, i live in England so im safe from your pathetic laws

    --
    This comment does not represent the views or opinions of the user.
  32. Re:Filter by Erasmus+Darwin · · Score: 2
    "Raise that minimum to browse."

    I keep kicking it up, but there's only so high it'll go...

    "That rant got you some karma but it wont change \."

    Nope, no karma. I'm already capped like quite a few other people.

    "In all likelyhood 75% of those people thought they were the first to post what they said. The other 25% want to get on everyone's nerves and repeat crap endlessly. You just validated their existence."

    I think you're selling people a little short, but there is that. Still, you're leaving out the moderation factor. If my rant causes people to think about just how repetitive the official DMCA joke is getting, maybe they'll be more likely to moderate it as redundant or trolling.

  33. ThinkGeek by tzanger · · Score: 5, Funny

    I don't know about the rest of you but I think that ThinkGeek should start selling DMCA Circumvention Devices. e.g. a Sharpie with a custom label with a caution symbol and the text "This object may be used as a device for circumventing copyright protection methods as outlined in the DMCA."

    I think they'd sell. Who wants an entire office toolbox filled with copyright protection circumvention devices? I do, I do!

  34. Here's the idea by gvonk · · Score: 2, Informative

    This is what it is supposed to look like.

    No idea if it works, however...

    --


    El Karma: excelente(principalmente la suma de moderación hecha a los comentarios de los usuarios)
  35. Dual use by stain+ain · · Score: 2, Funny

    Marker pens should be included in the list of dual use goods and technologies.

    No more exports to Afghanistan, Armenia, Azerbaijan, Belarus, Cuba, Iran, Iraq, Libya, North Korea, Syria, Tajikistan, Vietnam, Burma, China, the Federal Republic of Yugoslavia (Serbia and Montenegro), Haiti, Liberia, Rwanda, Somalia, Sudan and Zaire.

    1. Re:Dual use by Pig+Hogger · · Score: 2
      Marker pens should be included in the list of dual use goods and technologies.
      No more exports to Afghanistan, Armenia, Azerbaijan, Belarus, Cuba, Iran, Iraq, Libya, North Korea, Syria, Tajikistan, Vietnam, Burma, China, the Federal Republic of Yugoslavia (Serbia and Montenegro), Haiti, Liberia, Rwanda, Somalia, Sudan and Zaire.
      How come Venezuela isn't on the list???
  36. "And we all know what the DMCA says about tools" by SirSlud · · Score: 2

    I don't know, but I'm pretty sure you can find out on the DMCA author page. ;)

    --
    "Old man yells at systemd"
  37. Re:What about CD markers??? by Anonymous Coward · · Score: 2, Interesting

    I think the EFF needs to pursue cases that showcase the absurdity of the DMCA. I want to see Staples get sued over this!

  38. Facts: DMCA 1201(E) prohibited devices by Anarchofascist · · Score: 3, Informative

    No, the DMCA in section 1201(E) stipulates that the devices are banned if they are (a) designed to circumvent, or (b) have limited commercial purpose other than to circumvent, or (c) are marketed as circumventing a "technological measure that effectively controls access to a work".

    The third part is important and reads "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title."

    Cut out the guff not related to marker pens, and we get: "No person shall ...provide ... any ... device ... that is marketed by that person ... for use in circumventing [encrypted content access]." So my guess is, can tell you a marker pen can be used to defeat access controls on non-redbook CDs, but then I am not allowed to give you a marker pen.

    In California I can't keep pet snails, molest butterflies or ride a bicycle in a swimming pool either.

    --
    Once more unto the breach, dear friends, once more, Or close the wall up with our American dead!
    1. Re:Facts: DMCA 1201(E) prohibited devices by NickRob · · Score: 3

      So my guess is,[I] can tell you a marker pen can be used to defeat access controls on non-redbook CDs, but then I am not allowed to give you a marker pen

      Not so, you aren't allowed to tell people how to do it. You could say that somehow the marker can be theoretically used to get around the protection, but you can't demonstrate or tell a person how exactly to circumvent it.

  39. Re:Confused moderator by serutan · · Score: 2


    Insightful??

    I guess there's no "doesn't get the joke" category.

  40. It was bound to happen... by l1gunman · · Score: 4, Insightful
    Funny, huh?! This is major egg-on-the-face for the developers of that so-called protection. In my 'experience', this has always been the case. Even the most sophisticated protections are defeated by the simplest of hacks. You can keep your data encrypted, and protect the decryption routines with anti-debugging methods but, at some point, the data must be rendered. Once it's rendered, it's fair game again and everything you did until that point is moot. Take TotalRecorder, AudioJacker, LoopRecorder, InternetNinja, even the PrintScreen key as examples of that. (Or a scheme of siphoning the audio from a protected DVD by rendering it in a hand-built filter graph with a splitter and dump filter in the audio path.)


    This latest hack is a twist on that theme - the marked lines invalidate the disc track that's supposed to keep make your PC think it has a bad disc. If you kill the bogus track, the PC's CD-ROM drive can simply go on to rendering the next one, the real one.


    No matter what you do in the digital world, there is still the possibility of ripping at the analog level. Standard consumer equipment exists that can make a really good A/D conversion and get a high-quality rendering of the audio content back into the digital realm without any DRM encumbrances. CD players exist that have digital output (S/PDIF) - run that output back into a sound card with matching inputs and you're done. Any of these so-called protected discs can be played, and ripped, in such a set-up. My goofy DVD/CD/MP3 player has such an output (yours too?). Once you have one digital copy, it'll show up on the Internet all over again.


    Only by encrypting the data all the way to a closed rendering subsystem (decrypting speakers or headphones?) could you prevent this - and consumers will never stand still for that. Any solution that prevents consumers from getting their fair use out of purchased content, by that I mean the ability to play it wherever they want (iPod anyone?) is akin to handcuffing everyone in order to prevent crime.


    This is a war that can never truly be won, the only solution is for the content producers to embrace the technology rather than trying to kill it. A new business model that exploits the Internet and its bandwidth and provides a reasonable exchange of fair value for goods received is the only way they can inhibit (not wipe out) piracy. If discs were fairly priced, rather than selling for 30 times their manufacturing cost, there would be little need or impetus for Joe-Sixpack to participate in piracy. If you could buy the songs you wanted, rather than pay full price for an album that has more filler than meat, that would also help.


    I'd really like to see an unbiased, non-knee-jerk-reaction analysis of the so-called harm done to RIAA member studio profits by the file sharing. We've all read analysis that suggests CD sales were actually helped by the emergence of Napster. Recent downturns in the industry are more likely due to general lagging in the economy rather than lost sales due to piracy. Any 'solution' to this problem needs to take a cold, hard look at those facts, first.


    I have a very curious view on this given that my 'job' for the last few years has been on the side of the protectors...

  41. The Important Thing is that it Works by serutan · · Score: 5, Insightful

    Ok ok ok, we get the jokes (most of us anyway).

    The important thing is not whether felt tip pens will become illegal. It's that somebody figured out a laughably simple way to defeat something Sony must have spent a good chunk of money coming up with. I'm thinking meetings, demos, testing, approval, and at least one large congratulatory catered lunch. And now they look like idiots. Nothing, I mean NOTHING, upsets corporate management more than being made fools.

    Right on.

  42. CD Protection Strategy May Be Violating 1992 Act by ranb · · Score: 5, Informative
    I came across this interesting angle on CD copy protection a while back in Now you can't make a copy:
    "The other difficulty for the recording industry's new CD protection strategy surfaced on 28 December in a letter from the Virginia Congressman Rick Boucher (Democrat) to executives of the recording industry's trade association. The letter reminds them that their fancy new technology may violate a statute for which they themselves lobbied vigorously a decade ago. This is the 1992 Act which gave music listeners the right to make some personal digital copies of their music in return for allowing recording companies to collect royalties on the blank media used for this purpose . Under this, the industry cheerfully collects a few cents for every digital audio tape, blank audio CD or minidisc sold. Boucher has not yet had a reply from the movie and record moguls. But when he does he will discover vicious animals are at their most dangerous when cornered."
  43. Re:Uh-Oh... Non-standard C code? by JCMay · · Score: 2
    WTF?!? It previewed fine! Now I have to wait
    for the Lameness filter, too...

    You should know that the way you defined your arguments to processSubmission() is not canonical.

    Here is a discussion:
    http://slashdot.org/comments.pl?sid=32873&thre shold=0&commentsort=0&tid=156&mode=nes ted&cid=3548952
    (Live link doesn't seem to work).

    The perfered form would be
    void processSubmission(char *submissionString, char *toExclude[], int toExcludeLength)
    Alternatively, you could have used
    void processSubmission(char *submissionString, char **toExclude, int toExcludeLength)
    I don't think it matters much; isn't Slash written in Perl? (How does *it* pass the Lameness filter?)
  44. Hoist by your own petard, eh? by Rogerborg · · Score: 2, Insightful
    • We posted this story over a week ago [...] I'm really sick of deleting hundreds of submissions

    Given that Slashdot gets all of its stories from other sources, and that it (demonstrably) only runs stories after many submissions (so the "last" submitter gets his name on it rather than the first), and that the "editors" (I use the term loosely) very demonstrably don't even read their own stories, then this is just business as usual.

    How about you change the site policy and actually go out and find stories yourself or even (gasp!) do some actual investigative journalism?

    --
    If you were blocking sigs, you wouldn't have to read this.
  45. Horse's Mouth [Re: Confused editor] by alacqua · · Score: 2
    Well, here's the quote. I got it from this page at the eff.

    `(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--
    `(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
    `(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
    `(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

    --

    Move on. There's nothing to see here.
  46. tommorows headline: by fatgraham · · Score: 2, Funny

    "public school is front for mass CD copy circumvention"

  47. Dmitry and Disney by Chasing+Amy · · Score: 3, Insightful

    > Tell that to Dmitry.

    You know, I'm not kidding when I say that I accidentally read that line:

    "Tell that to Disney."

    It's really sad when when people have started to subconsciously associate wholesale abuse of the law and the public with the company which brought us Mickey Mouse and DisneyWorld. Wow. I guess the real question becomes--what have they done for us lately, versus what have they taken from us lately?

    Draconian copyright laws designed solely to keep Mickey from becoming public property like he would have years ago, and to keep their artificial-scarcity DVD racket going. The shredding of tons of documentation to prevent the family of Pooh's copyright licensor from proving that they weren't given their contractual percentage of the incredible sales. Some "family" company it's become, eh Walt?

    --

    Chasing Amy
    (We all chase Amy...)
    "The more corrupt the state, the more numerous the laws"-Tacitus
  48. No, read it all... by Tom7 · · Score: 2
    They define "effectively controls access" in the DMCA. It is not a judgment call based on the english word "effective". The definition is:

    (B) a technological measure ''effectively controls access to a work'' if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

    I'd agree that the CD copy protection doesn't fit this definition either (in what sense does it require application of information/process/treatment?), but it has nothing to do with "how effective" the protection is.

    Sorry, just sick of hearing this particular argument (I had it suggested to me many times in my own DMCA battle ... I think that having the good guys understand the law is an important step.

    1. Re:No, read it all... by dcgaber · · Score: 2

      This is correct, that in general the english definition of effective is not necc the same as the DMCA def of effective. No argument from me there. But, even looking beyond the plain meaning to the definition that you provide, my first paragraph is still acurate. It is not an effective control in terms of requiting the application of information...blah blah blah if it just requires a cheap pen to swipe a strip away. Anyways, thanks for bringing up the distinction, b/c it is important to bear in mind. It leads to sloppy argumentation not to make that distinction clear, and I appreciate you keeping me honest, though I did mean it would not be a violation of DMCA under any definition of effective control.

      Nice to read your response though. I have been following this whole saga you are having with AFGA on Declan's list. Of course, I am sure your program has been dl in great numbers in the last week or two, and now I would guess that the amount of people that knew about the program prior to AFGA's stunts and post-publication is a factor of 100-1000 times. I would also guess that many people did not know this was possible to do with fonts until AFGA made an issue about it. Anyways, good luck with your fight.

      For some humor on this subject, the DMCA/Sharpie one that is, look here.

  49. Re:Depends on how you look at it... (Re:Read the D by Tom7 · · Score: 2

    Yes indeed. In fact, the "twiddling" that my program does isn't even always "circumvention", since circumvention only occurs when it is done without the authority of the copyright holder. I guess Royster should read the whole DMCA!

  50. You can do this to ALL of your CDs! by gosand · · Score: 2
    This is truly amazing!!!! It really works!!!!

    Seriously, get a black Sharpie marker. The permanent kind. Take every one of your CDs, audio, data, etc., and black out the outside 1/2" of the whole CD on the shiny side. This will not only make sure that none of them are copy protected, it will allow you to write to them over and over. Even AUDIO CDs you buy in the store. It is like cutting out the notch on the old 5.25" floppy diskettes to make them double sided - ONLY BETTER! Free CDRWs! The DMCA doesn't want you to know about this, so pass it on.

    Holy crap, I hope nobody really tries that...

    --

    My beliefs do not require that you agree with them.

  51. Outter track? Explain please... by Tokerat · · Score: 2
    I do not understand this scheme, but then again I'm not expert on Redbook CD formats or the way they are modified to create this protection scheme.

    • The inner track is audio.
    • The outter track is data with bad sectors etc.


    Doesnt' a CD begin from the inner tracks and progress outwards (opposite of a vinyl record)? Wouldn't this allow the drive to see the audio tracks first? Or would a computer CD drive go for the data which is mapped in the TOC to the outter track first as opposed to a regular CD player which says "skip the data BS and move to audio track 1"?

    If anyone can explain how this works, I'm pretty sure you're not violating the DMCA...
    --
    CAn'T CompreHend SARcaSm?
  52. BBSpot have a good take on this by gagravarr · · Score: 2

    bbspot have a very good take on this whole thing - http://www.bbspot.com/News/2002/05/markers.html

    --
    This post will enter the public domain 70 years after my death, unless Disney buys another extension.
  53. Re:Hoist by your own petard, eh? [offtopic] by bartyboy · · Score: 2

    While not really cutting-edge news, interactive interviews, Ask Slashdot and book/movie reviews do fall into the investigative journalism category.

    (The reviews may be more opinion than news, but it's still original /. material.)

    However, I agree that the story selection process has many faults.