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News.com Links to DeCSS Program

zorglubxx writes "In less than a week News.com has published 2 articles ([Oct 3] and [Oct 7]) talking about copyright law and the DMCA where they LINK to DeCSS. Not source but compiled Windows version called DeCSS.exe. News.com know that 2600 lost their fight for linking to DeCSS so I wonder why they are doing this. Trying to make a point? Civil disobedience? An honest mistake?" Update: 10/08 02:51 GMT by T : An anonymous reader writes "In the time between when I read the first and second referenced articles, the links were updated to point the DeCSS gallery rather than DeCSS.exe"

249 comments

  1. Laws only work by pyman · · Score: 4, Insightful

    if people want to keep them...

    --
    a ^= b; b ^= a; a ^= b;
    1. Re:Laws only work by Anonymous Coward · · Score: 0

      Seems like the overzealous mods are jumping the gun on what's a relevant part of the conversation (no matter how simplistic) and what's just another pointless 'FP'...

      It may not contribute a lot, but how about someone modding the parent back into the positive scores?

    2. Re:Laws only work by Anonymous Coward · · Score: 0

      No it was only a typo. And those 5 paragraphs in 2600.com about linking to the DeCSS and its disapproval of the judge's rules were also typos. My clients should be found harmless in this unfortunately mistake.

      From the law offices of Dewey, Chetham, and Howe, Esqs.

    3. Re:Laws only work by El_Nofx · · Score: 2

      You know the funny thing is that noone ever takes that into account during trials anymore. There is an old rule in the judicial system that says you can rule 3 ways in a case, Guilty, Not Guilty or Not Guilty because the law is unfair/unjust. I don't remember the name of the clause right of the top of my head, but noone is ever told about this anymore. Yet it is still a viable alternative. It would be nice to see a jury rule on a case regarding the DMCA and say the law is unjust.

      --
      It's not the OS it's the user that sucks. If it's user friendly, you get stupider people. - clinko
    4. Re:Laws only work by El_Nofx · · Score: 2

      It's called "Jury Nullification" that jarred the memory. Found some proof here

      http://www.mindspring.com/~frdmftr/juryveto.htm

      --
      It's not the OS it's the user that sucks. If it's user friendly, you get stupider people. - clinko
  2. Hmm by LPetrazickis · · Score: 5, Funny

    MPAA is probably tired of suing people by now.

    I wish.:(

    --
    Is this a sigs-optional kind of place? 'Cause I am totally down with that if you know what I mean.
  3. In related news... by Anonymous Coward · · Score: 5, Funny

    Slashdot links to News.com article that links to DeCSS.

    1. Re:In related news... by Jugalator · · Score: 1

      I see you foresaw:

      " Ha! That guy is posting questionable links by linking to Slashdot which linked to News.com that linked to DeCSS. *slashdot nerd looking up personal data to post as a reply with a funny/absurd comment* "

      ... by posting anonymously. ;-)

      --
      Beware: In C++, your friends can see your privates!
    2. Re:In related news... by freuddot · · Score: 5, Funny

      Slashdot also links to the DeCSS executable DeCSS.exe

    3. Re:In related news... by Anonymous Coward · · Score: 2, Funny

      And in other related news, Slashdot links to a Slashdot article that links to a News.com article that **head explodes**...

    4. Re:In related news... by sg_oneill · · Score: 5, Funny

      Congratulations Freuddot! You have been selected to come to SUNNY USA (USA #1! USA #1!) to begin your new career as a "security consultant". The FBI will be waiting at the airport to escort you to the interview.

      I promise! ;)

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    5. Re:In related news... by Anonymous Coward · · Score: 0

      What do you think this is, 7 Degrees of DeCSS? How does Kevin Bacon fit into this?

    6. Re:In related news... by Schnapple · · Score: 0, Redundant
      Coming up next:

      Google News links to Slashdot story that links to News.com article that links to DeCSS.

      And after the break:

      Slashdot story updated to link to Google News story which links to Slashdot story which links to News.com story which links to DeCSS.exe

      Tommorow night:

      Google news story updated to link to updated Slashdot story, which was updated to link to Google News story which links to Slashdot story which links to News.com story which links to DeCSS.exe

      Man, thanks to cut and paste I could go on like this forever...

    7. Re:In related news... by jareth780 · · Score: 1

      Trying to control decss.exe linkage when there's so many ripper packages out there is like pushing for long gun control when there's people with UZIs.

    8. Re:In related news... by Anonymous Coward · · Score: 0

      And there I was thinking that deep linking was unlawful ;)

    9. Re:In related news... by Anonymous Coward · · Score: 0

      /* Slashdot also publishes DeCSS source code. */

      /* 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 nt 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&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>>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^"cr3sfw6v;*k+>/n ."[k>>4]*2^k*257/8,s[j]=k^(k&k*2&34)
      *6^c+~y; }}

  4. It's floating round in the P2P space.. by caluml · · Score: 1

    I just did a quick search on Gnutella for DeCSS, and a few matches came back.

    Now that's a classic example of what P2P is good for - distributing "illicit" files.

  5. Arrogance? by fire-eyes · · Score: 1

    "We're a big site and can do anything we want!"

    (No, they did NOT say that)

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
  6. Exploiting Different Standards? by RailGunner · · Score: 5, Insightful
    Could it be that news.com is simply pointing out the obvious double standard given to "hacker" sites like 2600.com and "reputable news sites" like news.com?

    Seriously, if CNN.com would have originally linked to DeCSS do you think it would have gotten sued? (I know, pretend for a moment that it wasn't part of the AOLTimeWarner conglomerate though, and you'll get my point.)

    Hopefully, a court case WILL come of this, and maybe we'll get a Judge with a clue that realizes the DMCA restricts your First Amendment rights.

    1. Re:Exploiting Different Standards? by neuroticia · · Score: 5, Insightful

      More likely News.com will be notified that they are in violation of the DMCA, and asked to cease and desist. Upon recieving notification, the author of the article that linked to DeCSS will be fired and blacklisted. (Or whoever created the link. The author might have nothing to do with it being a link.)

      I really believe that if the Most Important Person in the World(tm) himself, ie: the head of the RIAA, were to post a link to DeCSS, the rest of the RIAA would go after him like a herd of rabid bunnies on crack.

      That said... Yes. News.com is a more 'valid' publication in the eyes of many than 2600 ever will be, and thus harder to go after for posting legitimate news... But "harder" doesn't mean "impossible". Remember, the RIAA is well-funded by all the CDs they overprice, and all the artists they rip off.

      -Sara

    2. Re:Exploiting Different Standards? by monkeydo · · Score: 4, Insightful

      Seriously, if CNN.com would have originally linked to DeCSS do you think it would have gotten sued?

      Of course not. CNN would have taken down the link when they got the cease and desist letter. Their lawyers would have told them, "Sure you can fight it, but does that link actually have any value?"

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    3. Re:Exploiting Different Standards? by TRACK-YOUR-POSITION · · Score: 5, Funny

      yes but news.com.com.com is well-funded by all the extra .com's! I think it's an even fight.

    4. Re:Exploiting Different Standards? by ravi_n · · Score: 5, Informative

      cnn.com did link to DeCSS at one point. When people noticed, and pointed out how hypocritical this was the link was taken down, of course.

    5. Re:Exploiting Different Standards? by Anonymous Coward · · Score: 1, Informative

      Sara,

      For future reference please note that in articles about Napster and copyprotected CD's the RIAA is the enemy. In articles about DeCSS the MPAA is the enemy.

      Thanks.

    6. Re:Exploiting Different Standards? by Anonymous Coward · · Score: 0

      the best part: ......."about a November 2001 decision by the Second Circuit Court of Appeals, which ruled 3-0 that it was illegal to distribute a DVD-unlocking program called DeCSS.exe." the last word being a link to the program ;)

      wtf.... can't they figure it out :)

    7. Re:Exploiting Different Standards? by neuroticia · · Score: 3, Interesting

      An even fight where one party is backed by a law (even one as shifty as the DMCA) and the other is backed by...?

      A financially-even fight is a losing fight if one party is backed by legislation. It's dubious that News.com would want to fight that fight, unless they're seeking to overthrow the DMCA. The "Freedom of speech" argument wouldn't really fly here, as they could have just as easily made that link into one that leads to a page DESCRIBING DeCSS. (I would have actually found that more appropriate. I clicked on the link in my needing-caffiene stupor, and was quite surprised to find out that I had just downloaded the software. Imagine my mother following the link. ;)

      Either way, it's a bit inappropriate for a mainstream publication to provide a direct link to software and not specifically state that it is a direct link to software, and not just a link to a page describing software. Particularly when the software performs an illegal activity. Imagine the panic that someone could feel when they're reading the article, click the link, and are confronted with the fact that they just downloaded something that the article clearly identifies as illegal, and (like most computer users) cannot figure out how to remove it from their system. ;)

      -Sara

    8. Re:Exploiting Different Standards? by CrazyJoel · · Score: 0

      " An even fight where one party is backed by a law (even one as shifty as the DMCA) and the other is backed by...? "

      PROFIT!

      --

      Such is the infinite Grace of Popeye.
    9. Re:Exploiting Different Standards? by Anonymous Coward · · Score: 0

      Eh? Your post doesn't appear to make any sense?

    10. Re:Exploiting Different Standards? by ackthpt · · Score: 4, Informative
      Seriously, if CNN.com would have originally linked to DeCSS do you think it would have gotten sued?

      You bet they'd get sued. CBS, ABC, NBC, et al get served on a regular basis, sometimes for being unwitting, others for a clear display of corporate disobedience. 60 Minutes, a CBS program, has been the target of many such. Sadly, they've toned down their desire to lock horns (probably advice from their legal department to the producer, i.e. "The show is getting expensive to defend, stop revealing damning things about people and businesses.")

      Regarding the original post:

      Trying to make a point? Civil disobedience? An honest mistake?"

      Yes, Declan makes clear his position:

      he copyright clause, which gives Congress the power to create copyright laws for a limited time, and the First Amendment, which prohibits Congress from curtailing speech or expression.

      The Appeals Court didn't pay sufficient attention. This time, let's hope the justices do.

      I don't think a clue-by-four could make his position anymore clear.

      --

      A feeling of having made the same mistake before: Deja Foobar
    11. Re:Exploiting Different Standards? by sulli · · Score: 2

      Or they wouldn't have even gotten the letter, since they're owned by MPAA and DVD Forum member AOL Time Warner.

      --

      sulli
      RTFJ.
    12. Re:Exploiting Different Standards? by RealAlaskan · · Score: 4, Interesting
      Remember, the RIAA is well-funded by all the CDs they overprice, and all the artists they rip off.

      It's silly nitpicking, I suppose, but you're wrong. The RIAA is well-funded by all the fools who buy the over-priced CDs. The distinction seems important, because it shows where to attack their funding: not by going after the CDs or the ``artists'', but by educating the fools.

      HAH! So much for hope on that front ...

    13. Re:Exploiting Different Standards? by sg_oneill · · Score: 2

      More likely News.com will be notified that they are in violation of the DMCA, and asked to cease and desist. Upon recieving notification, the author of the article that linked to DeCSS will be fired and blacklisted. (Or whoever created the link. The author might have nothing to do with it being a link.)
      Actually if the sub-editor fired him, I suspect verry heavilly that the union and every other journalist on the planet would blacklist the subbie and refuse to ever work for him again. You'd be suprised at how far journalists break the rules on a daily basis. Anyway RIAA can't afford the bad publicity on suing a "real" publication. That might just cause cosmic fury upon congress and get the law bounced. Or a judge might rule the story was unwritable minus the link and rule the DMCA a dud.
      It's pretty gutsy tho. More power to em.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    14. Re:Exploiting Different Standards? by blakestah · · Score: 5, Interesting

      Could it be that news.com is simply pointing out the obvious double standard given to "hacker" sites like 2600.com and "reputable news sites" like news.com?

      Absolutely. The judge in the 2600 case said as much. 2600.com was not viewed as disseminating free press, or providing a link point for people interested in fair use, or providing a service for linux people who wanted to view DVDs on their computers.

      Instead, the judge saw them as anarchists who thought movies should not be protectable simply because someone somewhere cracked the crypto. He then ruled accordingly.

      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. Less radically, they have raised a legitimate concern about the possible impact on traditional fair use of access control measures in the digital era.
      Lewis A. Kaplan
      United States District Judge

    15. Re:Exploiting Different Standards? by JWW · · Score: 5, Insightful

      The DMCA is a bad law, and as citizens of this country we can choose to disobey bad laws.

      That's really the definition of "Civil Disobedience".

      I choose not to obey the DMCA every time I watch a DVD on my Linux machine at home. It takes a pretty shitty law to make watching a movie that I bought on my computer a crime. Its also a really pathetic act of civil disobedience, I mean come on I'm just watching a movie. Arresting people for doing this would be absolutely ridiculous.

      These corporations that are pushing this crap better start watching themselves. In the war against the consumer the consumer is just beginning to understand how much control over what they buy that they are losing. If the restrictions being talked about for HDTV (copy bits and all that garbage) come to pass I think that will be the last straw.

    16. Re:Exploiting Different Standards? by Anonvmous+Coward · · Score: 3, Informative

      "Seriously, if CNN.com would have originally linked to DeCSS do you think it would have gotten sued?"

      No. Wired has done it too.

    17. Re:Exploiting Different Standards? by Da_Biz · · Score: 2, Interesting

      Keep in mind that Declan McCullagh is the author of this article. He isn't exactly a spring chicken in tech news reporting circles--he's been writing for Wired for quite a while.

      Declan--savvy writer that he is--very likely did this for a particular reason. Keep in mind that people who make a living out of (hopefully) careful observation of a situation, as well as grammar, do not make "mistakes" like this.

    18. Re:Exploiting Different Standards? by Reziac · · Score: 2

      Or maybe it's something as simple as "MY lawyer can beat up YOUR lawyer" on CNN's part.

      Which is really what's needed to overturn the DMCA -- bigger, badder lawyers than those owned by its proponents.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    19. Re:Exploiting Different Standards? by Anonymous Coward · · Score: 0

      Slashdot linked both News.com and 2600.com which in-turn had links to (il)legal 'material'

    20. Re:Exploiting Different Standards? by L1nuxGuy · · Score: 1
      Could it be that news.com is simply pointing out the obvious double standard given to "hacker" sites like 2600.com and "reputable news sites" like news.com?

      I think that you mean:

      'Could it be that news.com is simply pointing out the obvious double standard given to "reputable news" sites like 2600.com and "hacker news sites" like news.com?'

    21. Re:Exploiting Different Standards? by Dr.+Mu · · Score: 5, Insightful
      The DMCA is a bad law, and as citizens of this country we can choose to disobey bad laws. That's really the definition of "Civil Disobedience".

      Well, you're half right. The half you left out is that you do it in a publicly conspicuous manner, so as to attract the attention of law enforcement, and be willing to pay the consequences of arrest and apprehension. Disobeying bad laws in the privacy of your parents' basement doesn't really count as "civil disobedience".

    22. Re:Exploiting Different Standards? by chuckles1335 · · Score: 2, Insightful

      Its also a really pathetic act of civil disobedience, I mean come on I'm just watching a movie. Arresting people for doing this would be absolutely ridiculous.

      Actually because being arrested for watching makes it a "good" act of civil disobedience because it is so rediculous.

      The stupider the thing you are arrested for under a law the more ridiculous the law looks

    23. Re:Exploiting Different Standards? by BitterOak · · Score: 2
      Could it be that news.com is simply pointing out the obvious double standard given to "hacker" sites like 2600.com and "reputable news sites" like news.com?

      Go back and read the decision. It is not a double standard. 2600 had been distributing decss.exe as well as linking to it, and in its page of links, made clear the purpose of said links was to disseminate the program, not merely to provide news. There is precedent for enjoining speech to a greater degree against parties who have been found to abuse free speech in the past. This is all discussed in great detail in both Judge Kaplan's decision, and in the 2nd Circuit court decision.

      Let me be quite clear, I do not agree with these decisions, but that was their reasoning.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    24. Re:Exploiting Different Standards? by buysse · · Score: 2

      And funny enough, the Wired article was by the same author... See Politech for more information from this guy.

      --
      -30-
    25. Re:Exploiting Different Standards? by jeffasselin · · Score: 1
      An even fight where one party is backed by a law (even one as shifty as the DMCA) and the other is backed by...?

      the First Amendment?

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    26. Re:Exploiting Different Standards? by Alsee · · Score: 2

      where one party is backed by a law and the other is backed by...?

      The constituion, other laws, and (hopefully) judges that can see the problems with the DMCA.

      The "Freedom of speech" argument wouldn't really fly here, as they could have just as easily made that link into one that leads to a page DESCRIBING DeCSS.

      They could have declined to run the story as well. "Freedom of speech" means they have the right to report on a newsworth item pretty much any way they see fit. The link to the file was relevant to the article. Arguing they could have written the story differently is a direct attack on their freedom to speak. It's no different than saying that blacks could have simply sat in the back of the bus.

      I would have actually found that[DESCRIBING DeCSS] more appropriate.

      That is a reasonable oppinion, but you were not the author or the editor. Apparently they had a different oppinion.

      it's a bit inappropriate for a mainstream publication to provide a direct link to software and not specifically state that it is a direct link to software

      I don't know how you expect links to work, but when I see a link that ends in ".exe" I reasonably expect it to point to a piece of software. Both links were labeled "DeCSS.exe".

      the software performs an illegal activity.

      That makes about as much sense as saying a can of spraypaint preforms an illegal activity.

      Imagine the panic that someone could feel when they're reading the article, click the link, and are confronted with the fact that they just downloaded something ... illegal

      Which highlights the stuipidity of making "possession of information" a crime. Even if you delete it, it is still on your hard drive and you are still guilty of possession. Putting you in prison for your "crime" is blatantly unjust. Someone should only be a criminal when they actually do something, and only when that action actually harms or endangers someone.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    27. Re:Exploiting Different Standards? by Guppy06 · · Score: 4, Insightful

      "That's really the definition of "Civil Disobedience"."

      Nah, that was the definition 100+ years ago. Today it involves chaining yourself to things, overturning cars, smashing windows, generally blocking public right-of-ways and using/damaging private property and then claiming that the First Amendment protects all this. None of it actually involves breaking a specific law that you're protesting.

    28. Re:Exploiting Different Standards? by malloci · · Score: 1
      Let's not forget that the New York Times did something similar a couple of years ago here. Granted it wasn't anything as drastic as actually linking directly to the code or a binary, but it was something that was ruled against by good old Kaplan.

    29. Re:Exploiting Different Standards? by geekee · · Score: 1

      Breaking laws that you disagree with is not a legitimate form of protest, regardless of what famous author espoused it. Such actions lead to anarchy. If you don't like a law, legitimate forms of protest include picketing, write congressmen, voting for different leadership, etc. Also, free Linux players should be illegal because you're not paying the developers of DVD the appropriate royalty. It discourages innovation when people steal technology from companies that spend money to develop that technology.

      --
      Vote for Pedro
    30. Re:Exploiting Different Standards? by Reckless+Visionary · · Score: 1

      Bravo my friend, bravo.

      --
      I think I'll stop here.
    31. Re:Exploiting Different Standards? by JWW · · Score: 2

      Parents' basement would be appropriate if one of my children were watching the movie. Not everyone on /. is unmarried and living at home with their parents.

    32. Re:Exploiting Different Standards? by RAMMS+EIN · · Score: 1

      ``Its also a really pathetic act of civil disobedience, I mean come on I'm just watching a movie. Arresting people for doing this would be absolutely ridiculous.''
      Ridiculous? That's exactly why it is a _perfect_ act of civil disobedience. Gather some people, meet up and start watching movies that you are legally allowed to watch. Try to draw some attention (press is your friend). The sad thing is that they probably won't arrest _you_, but they did arrest Dmitry for writing the software...they're catching innocent people (Dmitry wasn't under any law that prohibited his software, AFAIK) and letting the `criminals' go.

      --
      Please correct me if I got my facts wrong.
    33. Re:Exploiting Different Standards? by JWW · · Score: 3, Insightful

      I'm happy that the Founding Fathers didn't follow the same reasoning, revolution is not mentioned on your list.

      And I'm sorry if Linux players didn't pay a royalty. Actaully they (Xine in my case) did not do anything wrong, I had to take action to enable DeCSS myself, and this is precisely why Xine operates that way. One would think that if they wanted to, they could pay a royalty and offer a player capable of playing any encrypted DVD.

      But again why should it be against the law to use my DVD's any way I see fit. I can modify my car any number of ways, and while it may void the warranty, it does not make the modifications themselves illegal.

    34. Re:Exploiting Different Standards? by Joe+U · · Score: 1

      "The half you left out is that you do it in a publicly conspicuous manner"

      Well, he did publicly announce it on Slashdot, doesn't that count for anything?

      Okay, no.

    35. Re:Exploiting Different Standards? by Dr.+Mu · · Score: 1
      Not everyone on /. is unmarried and living at home with their parents.

      Okay, okay, nor do I. It was a tongue-in-cheek generalization that I was too weak to resist. ;-)

    36. Re:Exploiting Different Standards? by Foresto · · Score: 1

      "I really believe that if the Most Important Person in the World(tm) himself, ie: the head of the RIAA, were to post a link to DeCSS, the rest of the RIAA would go after him like a herd of rabid bunnies on crack."

      DeCSS is about DVDs. The RIAA is most widely associated with the music industry. Has the RIAA demonstrated yet that they care about DVDs or DeCSS?
    37. Re:Exploiting Different Standards? by soft_guy · · Score: 1

      Take your linux laptop and watch the movie in front of the police station and tell all cops who walk by exactly which law you are breaking (maybe with a big sign.)

      --
      Avoid Missing Ball for High Score
    38. Re:Exploiting Different Standards? by Anonymous Coward · · Score: 0

      Or they wouldn't have even gotten the letter, since they're owned by MPAA and DVD Forum member AOL Time Warner.

      CNN would have gotten the world's first Cease-And-Desist Internal Memo!

      And the legal fees would approach infinity when the lawyers attempt calculate their billable hours in a recursive loop.

    39. Re:Exploiting Different Standards? by neuroticia · · Score: 1

      That was the 60's. Nowadays "Civil Disobedience" is chaining yourself to the gates at the whitehouse with your laptop and wireless connection, forming a wireless network with your geeky brethren, and hacking into the White house's connection to download songs from Gnutella.

      Hmm... How's October 30th? ;)

      -Sara

    40. Re:Exploiting Different Standards? by Anonymous Coward · · Score: 0

      Declan is also not a "spring chicken" when it comes to breaking laws, demonstrated by his conviction on domestic violence charges, or his forced resignation as CMU Student Body President.

    41. Re:Exploiting Different Standards? by cybercuzco · · Score: 2
      he RIAA is well-funded by all the fools who buy the over-priced CDs

      Theyre not funded by me, I download all my music from the internet :-p

      --

    42. Re:Exploiting Different Standards? by Anonymous Coward · · Score: 0

      I'm glad authoritarians like you a rarity.

    43. Re:Exploiting Different Standards? by Artine · · Score: 1

      Actually, a lot of car modifications are illegal. There are tons of exhaust and intake things that you can't do, such as removing your catalytic converter, and depending on your State, there may even be other restrictions.

    44. Re:Exploiting Different Standards? by TRACK-YOUR-POSITION · · Score: 2

      It counts if everyone does it in their basement and that attracts the attention of law enforcement. I mean, civil disobedience to Prohibition involved lots of fun in people's basements...

    45. Re:Exploiting Different Standards? by _KiTA_ · · Score: 1

      I disagree. Disobeying bad laws in any form, as long as you are ready and willing to explain it to the Judge and accept the fact that you have a good chance to get put away for a long time is Civil Disobedience.

      What's really different than 25 protestors storming a "Whites Only" diner in the south and 25,000 computer geeks posting DeCSS on their website?

    46. Re:Exploiting Different Standards? by mkldev · · Score: 1
      The first ammendment and freedom of the press. I don't think the RIAA is stupid enough to sue over this, as they would be laughed out of court, as would the DMCA. If they want the DMCA to continue to exist, it is not in their best interest to pursue this.

      Why? The DMCA, in attempting to make certain speech illegal, fails all of the tests necessary for prior restraint, making that aspect of the DMCA unconstitutional when applied to the press. Whether online speech is classified as "press" in general is another issue, but since cnet has other media presence, it is very unlikely that the DMCA provisions would stick against them.

      Law or not, a suit over this would end badly for the RIAA.

      --
      120 character sigs suck. Make it 250.
    47. Re:Exploiting Different Standards? by Anonymous Coward · · Score: 0
      I really believe that if the Most Important Person in the World(tm) himself, ie: the head of the RIAA, were to post a link to DeCSS, the rest of the RIAA would go after him like a herd of rabid bunnies on crack.

      Hate to be picky, but that'd be a "warren of rabid bunnies on crack". God, the education system these days, when I was a kid Watership Down For Crack Addicts (R) (IDG Books' latest series!) was compulsory reading!

      S.

    48. Re:Exploiting Different Standards? by geekee · · Score: 1

      It's illegal to reverse engineer DVDs for the same reason it's illegal to reverse engineer prescription drugs. The company that developed the technology needs a reasonable amount of time to recover their R&D money. In the case of DVD players they are collecting royalties to recover their costs. Without this type of protection against reverse engineering, you kill incentive for developing this technology, since money can't be made, and therefore, the financial risk becomes too great for the reward. Eventually, the patent will run out, and it will be legal to have free DVD player software, assuming the DMCA is struck down, which goes way beyond the bounds of protecting copyright in my opinion.

      --
      Vote for Pedro
  7. Free Jon Johansen! by RPoet · · Score: 4, Informative

    Here in Norway, DeCSS co-author Jon Johansen has become somewhat of an icon in the fight for rights in the digital age. There's an interview with him here, in which he speaks about how he got involved with DeCSS, and the whole thing about the controversion trial. Also, the EFF has supported him tremendously with legal assistance. Their official Jon Johansen page is here.

    --
    "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    1. Re:Free Jon Johansen! by Anonymous Coward · · Score: 0

      This is from an interview on cnn.com. They're discussing when the Norwegian authorities visited him with a search warrant..

      LinuxWorld: Do you know why they took your cell phone?

      Jon Johansen: I asked them why, and they said that they considered it to be so advanced that they had to take it in, because it was a Nokia 91-10. And I did have, in fact, a backup of the source on it.

      LOL

  8. 3 reasons by larry+bagina · · Score: 3, Interesting

    Because News.com.com has more resources/clout than 2600?
    Because the author didn't know better?
    Because the author loves freedom? (and will soon be unemployed)

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

    1. Re:3 reasons by neuroticia · · Score: 5, Interesting

      I doubt that News.com encourages their writers to break laws, even stupid ones like the DMCA. No company wants a writer who is a liability.

      I think it's most likely that the author didn't know better. I mean- hey. How many people can keep up with what is and is not a permissable link? You'd think that an author writing about something like that would know, but... Stranger things have happened.

      Another possibility is that Author emails article in to work, article is handed off to low-level drudge HTML markup person who enters it into the system and link-ifies anything that looks like it could be a link. Sees "DeCSS.exe" and thinks "Oh. what's that?" does a search for it on Google, finds a link, and enters the link.

      I mean... Most authors can't even handle their own proofreading. Who says they create their own links?

      -Sara

    2. Re:3 reasons by Anonymous Coward · · Score: 0

      We know what News.com.com thinks, but what about that infamous site news.com.com.com?

    3. Re:3 reasons by Florian+Weimer · · Score: 2

      I think it's most likely that the author didn't know better.

      Declan McCullagh wrote both articles. I'm sure he knew what he was doing.

    4. Re:3 reasons by Anonymous Coward · · Score: 0

      I think it's most likely that the author didn't know better. I mean- hey. How many people can keep up with what is and is not a permissable link?


      Declan McCullagh, formerly of Wired fame, operator of Politechbot
      doesn't know better?


      You don't give the man enough credit.

    5. Re:3 reasons by Idarubicin · · Score: 2
      I doubt that News.com encourages their writers to break laws, even stupid ones like the DMCA. No company wants a writer who is a liability.

      Except that you're assuming that breaking laws conspicuously makes the writer a liability. In some cases--this may or may not be one--polite but firm disobedience could garner a great deal of positive press. (The only bad press is an obituary, afer all...)

      Even very "serious" news publications usually like to carry at least one controversial author--it makes them look more "cutting edge", more willing to take risks to stay in tune with the people. Whatever that means.

      Nevertheless, even settling a lawsuit may be worth the cost if it generates enough buzz.

      --
      ~Idarubicin
  9. Probably an exercise of first amedment rights? by haplo21112 · · Score: 5, Interesting

    It is civil disobience, via exercise of the 1st amendment people. Its one publisher supporting another. If every new organization does the same whats gonna happen...I doubt everyone one of them is going to court.
    AT least I hope thats what their link is all about. I suppose we shall see if it disappears later or not.
    Hey does /. become an acessory because they link to a story that links to DECSS?

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
    1. Re:Probably an exercise of first amedment rights? by Jeppe+Salvesen · · Score: 2

      Once they have established precedence in one case, I believe that the following court trials will become more ceremonial than trial-like since the evidence would be overwhelmingly in favor of the prosecutor.

      --

      Stop the brainwash

    2. Re:Probably an exercise of first amedment rights? by Tassach · · Score: 2
      Precedence only holds in courts with the same geographical scope. Precedent in a state court only applies to other courts in that state. US Circuit court precedents only apply to other courts in that circuit. Only the Supreme court sets precedents that affect every US Court.

      However, just because a particular precedent doesn't apply to a particualar court, that doesn't preclude the judge from taking it into consideration when making a ruling.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    3. Re:Probably an exercise of first amedment rights? by evilpenguin · · Score: 2

      Okay, IANAL (big surprise), but I thought there was a principle in american law, something about "competent jurisdiction," which means that all US courts are bound to recognize decisions of all other "competent" courts. In other words, lawyers in a case may cite case law from other jurisdictions. A judge is ALWAYS free to make his/her own decision, even if the Supreme Court has set a precedent in the other direction. It is just that a state or district judge who does so should fully expect to be reversed by a higher judge citing the higher court's precedent.

      It is easy for any judge to create new law. It is much, much harder to make it stick.

      My impression (once again, IANAL) is that there are no hard and fast rules about precedent. Merely tradition. So, in your example, a judge handling a criminal case in New York state is much more likely to give credence to a predent from their Federal Circuit Court than from another Federal Circuit Court, but they are not obligated to do so. In fact, a judge might believe that other court's judgement was right, and their own circuit court's judgement was wrong, and could, in that case decide based on the other court's decision and expect the whole mess to be resolved by a higher court. Furthermore, I would think our New York state court judge would give a case from ANY federal court more credence than a decision from another state court, but there is nothing to say our judge could not consider another state court decision, especially if that state court says something about an issue that New York statute and case law says nothing about.

      Once again, IANAL. So I'm really just flapping my gums. But that's the impression I have about law in these here parts. Any lawyers out there to set me straight?

    4. Re:Probably an exercise of first amedment rights? by Anonymous Coward · · Score: 0

      I think it's more likely a rookie reporter with an overworked editor excercising his twenty-first amendment rights.

    5. Re:Probably an exercise of first amedment rights? by Jeppe+Salvesen · · Score: 1

      Given that this is a DMCA violation, wouldn't it be possible or even natural to bring this a federal court?

      --

      Stop the brainwash

    6. Re:Probably an exercise of first amedment rights? by mbogosian · · Score: 2
      AT least I hope thats what their link is all about. I suppose we shall see if it disappears later or not.

      Why be so passive about it? Do your part. News.com will most definitely be informed of the link. It's better that we start writing the editor to support the site's choice to do so, rather than them being contacted first by a lawyer or "the authorities".

      Write to letters@news.com. Here's an example letter I sent:

      To whom it may concern:

      I would like to congratulate Declan McCullagh for including links to DeCCS in his articles, "Congress asked to unpick copy lock laws" (10/03) and "Perspective: Coming to terms with copyright" (10/07).

      Other sites (e.g., cnn.com) have bowed to overt industry & legal pressure to remove similar links from their sites, despite the obvious unconstitutional and frighteningly silencing nature of the DCMA. I commend your writers and your publication for this bold statement and support you 100% in your efforts to maintain the principles of the Freedom of the Press in this great country.

      Thank you, and keep up the good work.


      This letter offered under the MIT License
  10. Linking? by Anonymous Coward · · Score: 1, Funny

    What about knowingly linking to a site that links to DeCSS? Is /. trying to make a point?

  11. Hmmm... by Anonymous Coward · · Score: 0

    Are we supposed to read the articles, look for the links in the articles, or just comment on the blurb?
    (now that the sarcastic questions are done on to the real comment)

    I think the link could be one of two things, the links auto-generate on phrases in the article as a sort of cross reference thing, or the just don't care. My vote is aotomatic link generation in a posted story.

  12. Rhetorical question or what? by Otter · · Score: 5, Insightful
    This falls under the "How the hell could we know the answer?" category.

    But given the statement "But when Linux programmers wrote the DeCSS.exe utility to play DVDs on their computers.." with a link to something clearly labelled as a Windows app and the absence of any reference to 2600 or linking, I'd confidently guess that it never occurred to the writer or editor that there could be anything illegal about such a link.

    1. Re:Rhetorical question or what? by Sheetrock · · Score: 2
      I've read a number of items on Politech -- the writer's mailing list -- dealing with the DMCA and DeCSS lawsuits, so I'd guess that he's at least somewhat aware that this is a thorny issue. On the other hand, journalism has traditionally been about 'Damn the torpedos; full speed ahead' in our country (something that's easy to forget when mainstream journalism has become as neutered and insipid as it is today).

      On the other hand, maybe it wouldn't have been such a bad idea on his part to actually link a Linux version instead of or in addition to the Windows one to make the point a little clearer.

      --

      Try not. Do or do not, there is no try.
      -- Dr. Spock, stardate 2822-3.




    2. Re:Rhetorical question or what? by Alsee · · Score: 2

      I'd confidently guess that it never occurred to the writer or editor

      Bad guess. The author has been covering the case for ages, for a non-lawyer he's pretty much an expert on the topic.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  13. Re:Arrogance? Ignorance! by nick-less · · Score: 1


    "We're a big site and can do anything we want!"


    As long no one biggers than we are cares about...

  14. Somebody time it! by thatguywhoiam · · Score: 2, Interesting

    I give it 2 hours until they carefully de-link that DeCSS, max.

    --
    If Jesus wants me it knows where to find me.
    1. Re:Somebody time it! by l1_wulf · · Score: 1
      Are you saying 2 hours only because those news.com articles are gonna be ./-ed drawing much attention or are did you miss the fact that this is the second article from them with this link? ([Oct 3] and [Oct 7])

      This should be interesting to see if news.com decides to keep the links in. As monkeydo said earlier:

      Their lawyers would have told them, "Sure you can fight it, but does that link actually have any value?"
      Should the heat get turned on news.com what reason would they have to keep the links in these stories? None. CNN has nothing to gain by keeping the links. In fact, the only value they could possibly get is an increase of visitors, maybe a few people (relatively speaking) decide to visit their websitemore often or whatever all due to the attention given these two articles based specifically on the fact that they are linking directly to a DeCSS executible and not on the merits of the actual story. ./ has done its part in sending what will probably amount to a noticible increase in visitors to news.com for a day or two.
    2. Re:Somebody time it! by OrangeSpyderMan · · Score: 2

      Should the heat get turned on news.com what reason would they have to keep the links in these stories?

      Bucket loads of free publicity, I'd say.

      --
      Try NetBSD... safe,straightforward,useful.
    3. Re:Somebody time it! by l1_wulf · · Score: 1

      Which is the point I had just made... By the time (IF) anyone says anything about these links, the only gain news.com could possibly get by linking to this program would have already been reaped.

    4. Re:Somebody time it! by thatguywhoiam · · Score: 2
      Are you saying 2 hours only because those news.com articles are gonna be ./-ed drawing much attention or are did you miss the fact that this is the second article from them with this link? ([Oct 3 [com.com]] and [Oct 7 [com.com]])

      No, I caught that, but I think you're spot-on with the publicity angle. Those links have no clout until they make something like Slashdot.. and then...

      --
      If Jesus wants me it knows where to find me.
  15. News.com is within it's rights by ageitgey · · Score: 5, Insightful

    There is no law in the US against linking to DeCSS. News.com is a news organization and is reporting the news as they see fit. If the DVD-CCA decides to bring suit against News.com and got a judgement forcing them to to stop linking, then they would have to remove the links.

    But it is unlikely that the DVD-CCA would try something like that. They already have enough bad press in the tech sector, the last thing they need is bad press in mainstream news channels.

    This is the same reason slashdot doesn't get raided by some government agency everytime a poster puts a link to DeCSS in a comment. There is no "don't link DeCSS law" and there is no legal ruling (yet...) preventing slashdot from posting DeCSS links in discussions.

    --
    Uninnovate - Only the finest in engineering.
    1. Re:News.com is within it's rights by Anonymous Coward · · Score: 0

      This is the same reason slashdot doesn't get raided by some government agency everytime a poster puts a link to DeCSS in a comment. There is no "don't link DeCSS law" and there is no legal ruling (yet...) preventing slashdot from posting DeCSS links in discussions.

      Yeah, because we have that first amendment, don't we?

    2. Re:News.com is within it's rights by chuckles1335 · · Score: 1

      They already have enough bad press in the tech sector, the last thing they need is bad press in mainstream news channels.

      The only problem is that they wont get bad press in the mainstream news channels because the members of the DVD-CCA are the owners of the news channels.

      If anything at all comes out it will be how the "evil hacker pirates" are forcing movie producers into poverty, and how the DVD-CCA is standing up for them.

    3. Re:News.com is within it's rights by Anonymous Coward · · Score: 0

      The DMCA is currently law in the U.S. and linking
      to DeCSS has been declared a violation of that
      law. The MPAA told EVERYONE to get rid of their
      links and sued those who didn't. You're suggesting
      just because person A killed person B and was
      found guilty of murder means person C can kill
      person D without being guilty of murder, because
      that old murder law was applied to A, not C!

    4. Re:News.com is within it's rights by smiff · · Score: 1
      There is no law in the US against linking to DeCSS.

      17 USC 1201(a)(2) says:

      No person shall...traffic in any technology...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;

      According to judge Kaplan, linking to DeCSS constitutes trafficking in a circumvention technology.

      News.com is a news organization and is reporting the news as they see fit.

      2600 Magazine was a news organization reporting the news as it saw fit. The court did not care.

      If the DVD-CCA decides to bring suit against News.com and got a judgement forcing them to to stop linking, then they would have to remove the links.

      If the DVD-CCA brought suit against News.com and won, the court could order News.com to pay the DVD-CCA's legal expenses and pay for any losses the plantiffs incurred due to piracy resulting from News.com's distribution of DeCSS.

      This is the same reason slashdot doesn't get raided by some government agency everytime a poster puts a link to DeCSS in a comment.

      Slashdot is not liable for its users' copyright infringment. They are registered with the copyright office as a Service Provider. If Slashdot receives a complaint, their only obligation is to take down the infringing material.

  16. Nope by Anonymous Coward · · Score: 1, Interesting

    Being that the author, Declan McCallugh, has extensively covered the 2600 and similar cases, I would say that he did know what he was doing.

    As for the actual reason, I'll leave that for others to speculate.

  17. Numbers. by DarkHelmet · · Score: 5, Funny
    Binaries are no fun.

    I won't be happy until they air commercials on the TV of Illegal Prime Numbers

    I hear if you use a lossy compression algorithm the number shrinks down to 42.

    --
    /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
  18. To my knowledge... by Kindaian · · Score: 1, Redundant

    That isn't civil disobidience, because only 2600 group where indicted to comply with the court rule... news.com wasn't defendent in the case...

    Cheers...

  19. Wow! A LINK! by nenolod · · Score: 1

    So? You can find DeCSS over all sorts of servers in europe, even a Google Search will create some interesting results. Infact the first few links, are a collection of links to where you can download DeCSS: First Link, Second Link and Third Link. I just hate it when people make a big deal out of something so pointless.

    1. Re:Wow! A LINK! by Anonymous Coward · · Score: 0

      It's all 'bout the money, ..
      Europe != USA ..or is it?

  20. In related news... by Sn4xx0r · · Score: 2, Funny
    Anonymous Coward links to Slashdot.org article that links to News.com article that links to DeCSS.

    Sorry... couldn't resist :p

    --
    Got brain?
  21. Arg, news.com.com by Anonymous Coward · · Score: 0

    What's with the extra .com?!

  22. 14th Amendment? by FreeUser · · Score: 4, Insightful
    Hopefully, a court case WILL come of this, and maybe we'll get a Judge with a clue that realizes the DMCA restricts your First Amendment rights.

    Perhaps 2600.com could file suit under the 'equal protection under the law' clause. Technically, this sort of double standard is unconstitutional:


    No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [emphesis mine]


    Now, a literal reading might allow the federal government to be unfair, while requiring fairness from state governments, but I cannot imagine even our frighteningly corrupt supreme court interpreting the clause in such a fashion.
    --
    The Future of Human Evolution: Autonomy
    1. Re:14th Amendment? by Anonymous Coward · · Score: 0

      Of course a literal reading would say that. That was part of the intent of the bill of rights. It wasn't until some time after that it was decided that it would apply to the federal government as well. (I don't remember exactly when, though; my knowledge of early US history isn't really all that great.) No need to be frightened of the "corrupt supreme court"; it applies to the federal government as well now.

    2. Re:14th Amendment? by Elwood+P+Dowd · · Score: 2

      Right. That's the point everyone was making when the feds went after Dmitri. Adobe said "Oh, nevermind, don't bootfuck him."

      But the feds had to keep on keepin' on, 'cause supposedly the law has nothing to do with the desires of the copyright holder. If they behaved differently, and made a habit of it, the entire law could get thrown out by the 14th Amendment. It was my understanding that laws have been removed by the courts due to the 14th Amendment when they are unfairly applied to racial minorities, but not anyone else. I don't have any examples.

      --

      There are no trails. There are no trees out here.
    3. Re:14th Amendment? by bkocik · · Score: 2, Informative
      This'll be a little off-topic I suppose, but what the hell. Karma is pretty useless anyways.

      Now, a literal reading might allow the federal government to be unfair, while requiring fairness from state governments, but I cannot imagine even our frighteningly corrupt supreme court interpreting the clause in such a fashion.

      Why not? They've done it before (well, the opposite, actually). In 1873, as part of the Slaughter-House cases (independent butchers sued the city of New Orleans over the granting of a monopoly on slaughtering rights to some company) the Court declared that national citizenship and state citizenship are two different things. They further stated that national citizenship only had bearing on matters such as interstate travel, and use of waterways. In effect, they removed the protection that was granted to everyone (specifically, this was intended for freed slaves, but it applied to all citizens) by the 14th amendment for almost all matters.

      The very next day they used the same arguments to deny a female attorney's right to practice law in the state of Illinois. The state disallowed her, she asserted her 14th amendment rights, and the Supreme Court stripped them away, alluding to a woman's "traditional place in the home".

      It gets worse. In 1876 they overturned the conviction of a group of white supremacists that had violently attacked an assembly of blacks, stating that the "equal protection" clause of the amendment didn't apply at the federal level. Only the states could enforce it (it goes back to that national vs. state citizenship thing).

      So, yeah, the Supreme Court has shown a willingness to interpret the Constitution in pretty much whatever way will best serve it's political objectives of the day going back a long ways. In the late 19th century, those objectives included white male supremacy.

    4. Re:14th Amendment? by brianosaurus · · Score: 1

      2600 was well aware of the double-standard when they decided not to appeal the decision in the trial. Knowing that they do not have a good PR record, the backed out rather than challenging further and getting a really bad precendent set (not based on the DMCA, but based on the fact that most people view 2600 as "evil hackers" that need to be stopped).

      --
      blog
    5. Re:14th Amendment? by bilsaysthis · · Score: 1

      Literal reading, fed or state issue, aside, equal protection does not mean that everyone who violates a law must be prosecuted or prosecuted to the same degree.

      This is clearly demonstrated when two cars are speeding and a cop only pulls one of them over for ticketing. You can scream until you're blue in the face but numerous court decisions (IANAL so don't ask for cites) have upheld the right of police and prosecutors to 'use discretion' in these decisions.

      So says:
      BillSaysThis

    6. Re:14th Amendment? by Eppie · · Score: 2, Informative
      You're right. The 14th Amendment's due process clause does not apply to the federal govennment. That does not, however, mean we're out of luck when the feds discriminate between similarly situated citizens. The fifth amendment's due process clause (which applies to the federal government) has been held to grant equal protection. See Bolling v. Sharpe. Bolling was decided the same day as Borwn v. Board of Ed., which declared segregation in public schools a violation of the 14th amendment's equal protection clause. Bolling involved D.C. schools, which are not subject to equal protection restrictions. The Bolling court held that equal protection is an example of due process, and so the federal government must give you equal protection as part of its obligation to give you due process. And the children of D.C. rejoiced.

      From the Fifth Amendment:

      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    7. Re:14th Amendment? by Anonymous Coward · · Score: 0

      Sounds right, however, the existence of this particular link is an on going crime, that is has a high degree of public visiblity. If it is not treated the same as 2600, that presents a very, very strong appearance of favoritism. The 14th ammendment makes such favoritism illegal.

    8. Re:14th Amendment? by kcbrown · · Score: 2
      Right. That's the point everyone was making when the feds went after Dmitri. Adobe said "Oh, nevermind, don't bootfuck him."

      But the feds had to keep on keepin' on, 'cause supposedly the law has nothing to do with the desires of the copyright holder.

      Well, that's what Adobe and (perhaps) the feds claim. But my bet is that Adobe passed a note to the feds under the table that said "Don't mind what we say in public. Fuck Dmitry hard".

      I see little reason to believe that Adobe actually suddenly had this huge change of heart. How naive can you be to believe nonsense like that? I strongly suspect the "change of heart" about Dmitri was only at the PR level.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    9. Re:14th Amendment? by Elwood+P+Dowd · · Score: 2

      It doesn't matter if Adobe had a change of heart. The Feds would have had to have done the same exact thing either way. Otherwise they lose their shiny little law. That's all I'm saying.

      No need to jump to conclusions about my reasoning.

      --

      There are no trails. There are no trees out here.
    10. Re:14th Amendment? by kcbrown · · Score: 1
      It doesn't matter if Adobe had a change of heart. The Feds would have had to have done the same exact thing either way. Otherwise they lose their shiny little law. That's all I'm saying.

      Perhaps they would. But perhaps they wouldn't. If Adobe actually didn't want them to prosecute then they would have gotten one or more members of Congress or the Senate involved, if not a number of people in the Executive branch. At that point, I think it's likely that the Feds would have found some excuse to release Dmitry.

      And why would the Feds care one way about their shiny new law?

      The answer, of course, is because corporations like Adobe pay them to (whether directly to the officials or indirectly through campaign contributions to the guys in charge, it's all the same).

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  23. Totally Irresponsible by Waffle+Iron · · Score: 5, Funny
    This is totally irresponsible of a major news site to link to the DeCSS code. After years of hard work, the content producers had almost finished the task of putting that genie back in its bottle.

    Its simple: if there are no links to DeCSS, then there is no way to reach it. DeCSS would effectively cease to exist in this universe. (It might still technically exist, like a physical object that falls within the event horizon of a black hole, but that distinction is only of interest to philosophers). Some would argue that you could reach DeCSS via non-hyperlink text URLs. Give me a break - that's comparing apples and oranges. It doesn't count as a valid way to pierce the event horizon.

    Now, by placing this valid hyperlink, they've created a huge leak in the carefully constructed containment barrier. We might be back almost to square one.

    1. Re:Totally Irresponsible by Anonymous Coward · · Score: 0

      Hilary? Is that you?

    2. Re:Totally Irresponsible by Idarubicin · · Score: 2
      Its simple: if there are no links to DeCSS, then there is no way to reach it.

      Not true--there is one other way. Fortunately, efforts are underway to extend U.S. law to cover European Kazaa servers that might provide a link to the only other existing copies of DeCSS.

      --
      ~Idarubicin
  24. Not a mistake by Betelgeuse · · Score: 4, Interesting

    An honest mistake?

    I think it's pretty clear that there is one thing this is not: a mistake. Even if they only did this once, I don't see how it could be a mistake. I mean, when was the last time you saw a news story from a legitimate news outlet that linked DIRECTLY to an executable file?

    News.com is, perhaps, setting up for a court battle ('cause they want to challenge the DMCA) or this guy is trying to make some sort of point.

    --
    I couldn't tell if you were experimenting with poor-man's cryogenics or looking for the orange sherbet.
    1. Re:Not a mistake by MURL · · Score: 1

      I don't think I've ever seen a new article link close to an exe, let alone directly to it.

      Half the time they don't even link to images.

      --
      --- Have you seen MURL?
  25. For those thinking the author didn't know... by Loki_1929 · · Score: 2

    "Jaszi is talking about a November 2001 decision by the Second Circuit Court of Appeals, which ruled 3-0 that it was illegal to distribute a DVD-unlocking program called DeCSS.exe."

    The "DeCSS.exe" was a hyperlink to a DeCSS W32 executable file.

    Gee, think he knew...? ;)

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  26. In other news... by sklib · · Score: 2, Funny

    news.com gets sued for deep-linking straight to DeCSS.exe.

    --
    -S
  27. Mistake? No. Human nature? Yes. by nuxx · · Score: 3, Insightful

    I'm willing to bet that the reason news.com linked to a copy of DeCSS is because one would commonly expect that it would be all right to do so. Most laws are based on common sense and common morality. The DMCA goes against these tenants and tries to get one to do things that go against human nature and reasonable expectation of sharing of information.

    News.com just did what makes sense. The DMCA doesn't.

    1. Re:Mistake? No. Human nature? Yes. by martissimo · · Score: 2

      Declan is a very knowedgable writer when it comes to tech, he regularly writes about the DMCA and other political/legal tech issues. just a quick glance at his politechbot page would convince most people of that.

      This was certainly neither a mistake on his part, nor was it him mistakenly thinking it was legal... you can bet it was him knowingly trying to make a point.

      The real question is whether news.com's editors were aware of the legal implications his article would create or not.

  28. Wired has also linked DeCSS in the past by Anonymous Coward · · Score: 1, Informative
    While it was a hot topic too (May 2, 2001).
    http://wired.com/news/print/0,1294,43485,00.html

    Trying to squelch the media is much harder than squelching 2600, they can make their case known to the general public at large.

    -Insani Kamil

  29. Has anybody asked? by tdye · · Score: 2

    Has anybody asked Declan yet if he's smoking rock? Maybe he's positioning news.com for a swing at the DMCA...

  30. Unemployed? by famazza · · Score: 2
    • (...)
    • Because the author loves freedom? (and will soon be unemployed) (...)

    Look around. What do you see? An author that loves freedom, and wants to tell the truth to readers no matter what he needs to do, even if he needs to break the law.

    Of course he won't be soon unemployed, if something happen news.com will cover his case exclusively and will push this to the media as hard it can. Then, after all the spreading around this subject, they will use this slogan: "The truth, whatever it takes..."

    Realists have the world in his hands. Optimists own the world.

    --

    -=-=-=-=
    I know life isn't fair, but why can't it ever be un-fair in MY favor!?
  31. DeCSS by physman · · Score: 1

    what is teh point in creating copywrite laws, if congress wants to pick then all over again.

    the American way, designed to make your life as difficut and frought as possible!!!

    --
    Murphy's Law of Research: Enough research will tend to support your theory.
  32. And to add insult to injury.. by Anonymous Coward · · Score: 0

    .. Slashdot is employing illegal and nefarious deep linking to really ram the point home!!

  33. 'bout time. by airrage · · Score: 1

    I love it when a site grows a couple of large, hanging-fruits, and decides to take these lilly-livered, low-down, bookworm losers, picked last in kickball, thurgood marshall wanna-be's, no girlfriend, need a punch in the mouth idiots to task...(suit filed, subpoena recieved). Okay, I'll shut up now.

    --
    "This isn't a study in computer science, its a study in human behavior"
  34. Complete Ignorance by nanodroid · · Score: 1

    It's due to a dripping wet sack of corporate ignorance. Nothing else.

    Someone will get yelled at and nothing will come of this, unfortunately. Greasy corporate goons will continue to tailgate people on the highways in their wasteful SUVs. Poor hackers will take the subway.

    1. Re:Complete Ignorance by Anonymous Coward · · Score: 0

      lol. thats hilarious

  35. Civile disobedience ? by Anonymous Coward · · Score: 0

    If any site would do that, you'd expect /. to be it... but nooooh.

  36. Wow, DeCSS. by Anonymous Coward · · Score: 1, Interesting

    Too bad DeCSS doesn't even work on newer DVDs. Look for DeCSS Plus instead.

  37. windows?? by zoombat · · Score: 2, Troll

    Does anyone else find it peculiar that they have a windows (.exe) file linked, but describes it as a program "Linux programmers wrote... to play DVDs on their computers"? What's the deal? Just a non-tech reporter mixing things up? (Sure, once you have the source you can compile it any way you want, but...)

  38. How this is related to the Napster lawsuit... by fmaxwell · · Score: 3, Insightful

    This is like the Napster lawsuit. Napster would be alive and thriving today had it been started by Microsoft or AOL rather than by a college student. No court would ever have held that a major corporation was responsible for copyright violations of its customers/users.

    News.com is in no real danger because they are part of the "establishment." If sued, they will go to court, wave the flag, use variations of the same arguments that 2600 did, and, unlike 2600, prevail. Although it sucks, I am coming to believe that the judicial branch has been bought off just like the other branches of government -- or have been stocked with appointees that value the interests of major corporations with much higher regard than the rights of individuals and small businesses. Just look at the 180 degree turn the Justice Department did with regards to the Microsoft lawsuit when the Bush administration came into office.

    1. Re:How this is related to the Napster lawsuit... by I+hate+Perl · · Score: 0

      Yeah, right.
      With entire industries ( asbestos , tobacco) being literally driven into bankruptcy by the trial lawyers using US JUSTICE system and billions of dollars being awarded in civil actions against corporations every year, your claim borders on lunacy.

    2. Re:How this is related to the Napster lawsuit... by fmaxwell · · Score: 2

      With entire industries ( asbestos , tobacco) being literally driven into bankruptcy by the trial lawyers using US JUSTICE system and billions of dollars being awarded in civil actions against corporations every year, your claim borders on lunacy.

      A couple of extreme examples that involve millions of deaths hardly disproves my claim. That's like saying that the claim that cigarettes cause cancer "borders on lunacy" because you know two smokers that died of old age.

  39. And in other, more interesting, news... by dalutong · · Score: 2

    /. user points to where the source is (and hopes the site stays up for a little bit at least...)

    --

    What comes first, finding a teacher or becoming a student?
  40. Obvious Ploy by MisterSquid · · Score: 2, Funny

    Civil Disobedience? As stated above it's not illegal to link to DeCSS for anyone but 2600 (by way of court injunction.

    Freedom fighter? Maybe, but links to DeCSS are all over the place as more than one informative /.'er as noted above.

    How about:

    1. Post link to DeCSS.

    2. Wait for /. to notice.

    3. Smile gleefully during /. effect.

    4. Profit!!!! (from advertising revenue)

    You think?

    --
    blog
    1. Re:Obvious Ploy by Soko · · Score: 3, Interesting

      Almost, but not quite.

      News.com does a whole lot better if there's controversy happening somewhere in the IT world. IOW, if it's getting boring, nothing new happening, same run-o-the-mill Microsoft announcements on the front page, most people spend less thatn 30 seconds looking at it. Now, if they get sued, they get to play hero to the geeks and "stand up for user's rights", and in doing so become the centre themselves of a big (they hope) news story. Traffic galore - including getting /.ed regularily. Very clever.

      IMHO, it's a case of the news reporters manufacturing news. I say let them whore all they want. I'm sure they can bring some bigger legal artillery to a court case - hopefully thier journalistic bretheren. I'll be happy when the DMCA is smacked down no matter who, what or how it's done.

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    2. Re:Obvious Ploy by pankajsethi · · Score: 0

      You missed the obligatory
      3.5 ????????

      Don't hand out recipes to become a millionaire for free.

  41. Most likely NOT an accident by XbainX · · Score: 1, Informative

    Most /.'ers have probably seen the name Declan McCullagh (the author of the articles) around. As previously mentioned, an editor could've added the link, but... Based on Declan's history, it's quite possible the linking to the DeCSS executable is just an example of how the DMCA is ridiculous.

    As for the negative assumption that the author or editor who included the link will be fired, I doubt it. It's definetly a possibility, but I think News.com would rather keep the publicity in the case that some trouble happens.

    1. Re:Most likely NOT an accident by Anonymous Coward · · Score: 0

      I work at CNET and I can tell you it isn't an accident. First, Declan knows legal implications well, so he wouldn't accidently put it in there. Second, no story posts without it being edited, no matter who the writer is. His editor made a conscious decision to leave it in there. Third, CNET is a business and not an activist site. Anything that is potentially controversial enough to cost us money goes through legal. We editors are well aware of the pitfalls we face.

  42. DeCSS is Just a Symbol by ksw2 · · Score: 5, Interesting

    DeCSS is just proof of concept code. libdvdcss accomplishes the same end-result, and it actually works. It's embarassing how many people involved in the DeCSS issue don't realize this fact. libdvdcss is just as illegal (according to the MPAA's gestapo) as DeCSS was/is. Maybe it's a good thing that nobody realizes it...

    1. Re:DeCSS is Just a Symbol by Cplus · · Score: 3, Funny

      Oh, and now you told them, damn it.

      --
      "Share your knowledge. It's a way to achieve immortality." -- Dalai Lama
  43. Re:Laws only work (with money) by phorm · · Score: 4, Insightful

    Yes and no. Often laws work if a small amount of people with a lot of money want to keep them and are willing to fight with high-priced lawyers to keep them around. The laws may be tossed in the end, but the pricey lawyers can manage to keep them around and kicking for quite a few years.

  44. They also posted a link to FARC by mike449 · · Score: 1

    This was discussed on /. some time ago.
    Below is a quote from the news.com article ( http://news.com.com/2100-1023-959544.html ).
    "FARC" is a link. I think this is a position on the issue, not just careless writers.

    The University of California at San Diego has ordered a student organization to delete hyperlinks to an alleged terrorist Web site, citing the recently enacted USA Patriot Act.

    School administrators have told the group, called the Che Cafe Collective, that linking to a site supporting the Revolutionary Armed Forces of Colombia (FARC) would not be permitted because it violated federal law.

    1. Re:They also posted a link to FARC by Anonymous Coward · · Score: 0

      If you'd read the article about the Che Cafe Collective, you might have noted that the school's concern (albeit a puerile one) was that they couldn't have that listed on their site because they are publicly funded. Even if that were a halfway-acceptable argument, it clearly doesn't apply to News.com.

  45. Re:Slashdot Survey: #@ +1; Important @# by Anonymous Coward · · Score: 0
    _X_ Electing CowboyNeal

    Can't forget the most important option!

  46. It's the MPAA! by Anonymous Coward · · Score: 0

    I know you can't tell the difference and all, but the Motion Picture Association of America is the one (along with DVD Forum, DVD-CCA, et al.) who went after 2600 and Johansen. Yes, it has many members who are also part of RIAA, but it's not the same organization.

  47. Need this in a real paper by phorm · · Score: 3, Interesting

    If we could get this is enough "physical" magazines or newspapers it would be a lot more effective. I know some magazines do provide URL's, I'm not sure about newspapers. If the RIAA sends them a "cease and desist" then what? They can stop printing, perhaps even pull copies of the article, but by then it's already out. It's a lot harder to stop something in live print than in online news, too bad it's probably not going to happen.

    Every time an article mentions RIAA it should be linked, slashdot them every chance we get! - phorm

    1. Re:Need this in a real paper by Anonymous Coward · · Score: 0

      Um, then they would just go after the host of said printed address. Or the ISP.

    2. Re:Need this in a real paper by smart.id · · Score: 1

      You mean they would shutdown the ISP of the New York Times newspaper? I didn't know that every newspaper had an IP address! Correct me if I'm wrong though!

      --
      blog & fiction: jd87
  48. In MORE related news... by erpbridge · · Score: 5, Funny
    Google News links to Slashdot article that links to News.com article that links to DeCSS.

    And how many degrees of separation is this from Kevin Bacon?

    1. Re:In MORE related news... by ChrisNowinski · · Score: 2, Funny

      The
      0. Oracle of Bacon at Virginia links to the
      1. CS Department Search Page which can
      2. search for "DECSS news.com" (google) which links to
      3. Slashdot, which links to
      4. News.com which links to
      5. DeCSS.

    2. Re:In MORE related news... by Anonymous Coward · · Score: 0

      #3 is unnecessary. You can get to news.com story directly from Google.

      P.S. What's up with you and Molly?

    3. Re:In MORE related news... by fobbman · · Score: 1

      That sig line is damned funny. Pop Tart particulates are now affixed to my monitor.

    4. Re:In MORE related news... by ChrisNowinski · · Score: 0

      But the whole point is to connect it to slashdot.

      Regarding Molly, I'm going to take something from her that she can never get back, as soon as I beat up that toilet-water drinking jerk from Philladelphia that should be working for me.

    5. Re:In MORE related news... by Anonymous Coward · · Score: 0

      I thought it was to connect Kevin Bacon to DeCSS in as short a route as possible.

      Have fun with Molly, she's got a nice bootay.

    6. Re:In MORE related news... by hotgazpacho · · Score: 1

      1 - I Read Slashdot 2 - My high school friend was the waterfront director for the filming of "Wild Things" 3 - "Wild Things" starred Kevin Bacon.

    7. Re:In MORE related news... by guttentag · · Score: 4, Funny

      When this case goes to trial, will the judge's decision link to a site that links to DeCSS?

    8. Re:In MORE related news... by c13v3rm0nk3y · · Score: 2, Funny

      Mmmmm. Bacon.

      --
      -- clvrmnky
    9. Re:In MORE related news... by Anonymous Coward · · Score: 0

      nice - but completely unecessary considering...
      1) Kevin Bacon is on DVD's
      2) DeCSS can be used to watch Kevin Bacon

    10. Re:In MORE related news... by erpbridge · · Score: 2

      Links, man! Provide some links!

    11. Re:In MORE related news... by erpbridge · · Score: 2

      Google Pics.... it's an old pic, but a goodie. It's listed about 7 or 8 times on the first match page.

    12. Re:In MORE related news... by IHateUniqueNicks · · Score: 1

      In other news, Kevin Bacon has recently been arrested under suspicions of promoting piracy.

  49. Blatant Stupidity? by ndrw · · Score: 1

    Maybe they're just freakin' clueless? I hope they get sued and hire some high powered lawyers to shove the DMCA up the MPAA's anal cavity.

  50. This is proven illegal in Denmark... by dmouritsendk · · Score: 5, Informative

    Back in 1999, a whole bunch record companies(including sony, virgin, warner etc.(their Danish departments)) sued two Danish guys for maintaining a list of links to MP3 files from their web site.

    The weird thing about this case was that all the focus was on the guys maintaining a link list, none of the sites who actually committed the crimes was sued(meaning the sites who actually did the ripping and hosting of the music).

    I can understand why they sued the linking guys, BUT(huuuuge but) they should have went for a site shutdown plus maybe a minor fine. They didn't, they sued them for lost profit. Which is the exact same paragraphs that you would get sued by if you copied/ripped the music.

    The whole case was build around they where linking directly to the mp3 files(hosted on various warez sites), and they eventually got them convicted(to pay 100000 DKr(roughly 12500$)) on this fact. This of course, effectively meaning that linking directly to illegal files is, here in little old Denmark, considered as serious a offences as making the files available.

    So if CNET was doing this in Denmark, they could be in trouble.

    If any of you read Danish, you can find the complete court transcript here:
    http://sql.dklaw.dk/vl-dom/

    1. Re:This is proven illegal in Denmark... by parliboy · · Score: 2

      Did they link to the mp3's directly, or to the home pages of the sites that have the mp3's available for download?

      Big diff in my mind.

      --
      "You're never ready, just less unprepared."
    2. Re:This is proven illegal in Denmark... by scalis · · Score: 1

      I hate to be your average "know-it-all" guy, but he says in his posting "The whole case was build around they where linking directly to the mp3 files".

      In MY book, theese guys not only violated the DMCA by linking directly to the mp3:s, they also deep-linked the mp3's and preventing the hosting sites from receiving their banner fees!
      Maybe they'll be sued all over again by the hosting sites... =)

      --

      True ravers don't need drugs
    3. Re:This is proven illegal in Denmark... by dmouritsendk · · Score: 1

      They linked directly to the files which resided on various other illegal sites, the wierd thing is that they only sued the guys linking and not the sites which carried the illegal music in the first place.

  51. Can you say test case? by declana · · Score: 4, Insightful

    First, the Corely DeCSS injunction is limited to the plaintiffs in that case. Second, the author of both articles is none other than the EFF's Declan McCullagh. How much you wanna bet he's itching to become a name defendant . . . ?

    1. Re:Can you say test case? by br0ck · · Score: 2, Funny
      by declana on 10-07-02 10:41 AM
      Declan McCullagh, is that you? If so, good luck!
  52. By the way, which link WAS that? by dpbsmith · · Score: 2

    Was it this one?

  53. Artistic License? by Ari+Rahikkala · · Score: 1
    I wonder if news.com has observed the Artistic License when making this link. I don't know what DeCSS.exe contains, but if all it contains is a program for DeCSSing video streams and no help files (more specifically, help files that tell where to get the standard version of DeCSS from), I think they have. See point 4: If the package is bare (and thus contains no help files or source code) and standard they definitely do not comply to any of a, b, or c, and they probably have not done any special arrangements, either. It's quite clear to me that DeCSS itself is protected speech under the first amendment, but I wouldn't be so sure about the linking.

    (and if you're thinking about modding me down, see the sig. This post contains so many contradictions that it should be a +1 Funny, anyway)

  54. Not to nitpick, by Treeluvinhippy · · Score: 5, Funny
    I really believe that if the Most Important Person in the World(tm) himself, ie: the head of the RIAA

    If Hillary Rosen ever reads this, she's gonna be pissed.

    --
    >
    1. Re:Not to nitpick, by benwb · · Score: 5, Funny

      With apologies to Mike Meyers:

      Basher: I'm sorry, I thought she was a man.

      Sycophant: Damn it, man! You're talking about the head of the RIAA!

      Basher: You must admit, she is rather mannish. No offense, but if that's
      a woman, it looks like she's been beaten with an ugly stick. Look at her hands, baby! Those are carpenter's hands. I think if everyone were honest, they'd confess that the lady looks exactly like a man in drag.

    2. Re:Not to nitpick, by Anonymous Coward · · Score: 0



      But given her acknowledged sexual preference, it's an easy mistake to make.

      Not that there's anything wrong with that(TM)

    3. Re:Not to nitpick, by NeverNow · · Score: 1

      Was about to point out that... Maybe she's a rough butch and loves to be metioned as a man! :D

    4. Re:Not to nitpick, by Anonymous Coward · · Score: 0

      Huh? Dykes are hot!

    5. Re:Not to nitpick, by hacksoncode · · Score: 2
      Oh, great, now the MPAA is involved.

      You're so sued, dude :-).

  55. Source is available at that link... by Codebender · · Score: 2, Interesting

    I'm guessing that most of you have the DeCSS source already, if not the t-shirt, but if you truncate the link, you get a source tree for 1.2.

    There's also something about WMA in there. I have not looked at it, but I suspect that it's a way to circumvent the DRM that's built into the WMA format.

  56. Mozilla support CSS too ! by MrNop · · Score: 0, Offtopic

    Woowooo so i am finally a hacker ! :-)

  57. Why DeCSS is protected speech. by SETIGuy · · Score: 2, Informative
    Regardless of the decision of Judge Kaplan in the 2600 case, DeCSS is protected speech, so long as it is posted for reasons recognized as protected speech. These include, but are not limited to:
    • Posting DeCSS as journalistic material as part of a news article.
    • Posting DeCSS as a form of political protest.
    • Using DeCSS as educational material.
    It's unfortunate that 2600 dropped the case. BTW, personal favorite DeCSS site is here.
  58. An ancient mirror by PureFiction · · Score: 2

    I still have this old DeCSS source mirror online from way back when this fight started.

    I think they have quickly come to realize that the more they persue this software the more it spreads. Remember when 2600 was forced to remove their copy of the software? It immediately sprouted up on hundreds of hundreds of sites, all listed in a number of different forums (including /.)

    The DMCS provides some nice protections against liability for ISP's, but the anti-reverse engineering aspects of it relating to copyright content controls are rediculous and need to be nullified ASAP.

  59. Reason for DeCSS link by Anonymous Coward · · Score: 2, Insightful

    uh...... all this speculation as to why news.com posted a link to the DeCSS program is all fine and good. But has anyone bothered to actually email the site, or the articles' author to find out why they put the link into the story?

    .....Or shall we just continue speculating?


    dan.

  60. 1 reason by MemeRot · · Score: 1

    Because it's not illegal.

    The court order about linking only applied to 2600. All other news sources are still free to link to the article, unless they get sued and a new ruling comes down banning them from linking to it.

  61. Bush v Gore by MichaelPenne · · Score: 1

    > 14th Amendment when they are unfairly applied to racial minorities, but not anyone else. I don't have any examples.

    The Fla hand count laws should have been thrown out if they allowed unequal vote counting.

    For some reason the USSC made Bush v. Gore a non-precedent, just disallowing the 'local standard' interpretation of the laws, while allowing the vague laws that caused the problem to stand.

  62. Re:Arrogance? Ignorance! by PotPieMan · · Score: 1

    As long no one biggers than we are cares about...

    What?

  63. Its a screw up by TerryAtWork · · Score: 0

    It's a screw up. There's no way these suits have the guts to do any civil disobedience.

    I'll bet they remove it in a panic two seconds after they discover it's there.

    And someone gets canned for it, too.

    --
    It's Christmas everyday with BitTorrent.
  64. Ouch! Shows what you know! by Interrobang · · Score: 3, Interesting

    I mean... Most authors can't even handle their own proofreading. Who says they create their own links?

    Actually, most authors do handle their own proofreading. Editors (whose time is usually spent doing far more administration than "galley slavery") love writers who submit clean copy. It saves them time, and it makes the author in question look like a real pro who actually knows what they're doing, instead of yet another no-neck yahoo who thinks they can write.

    Likewise, a lot of authors can and do create their own links. I should think that Declan McCullagh, with his tech-related tearsheets as thick as the average encyclopedia, would be better-suited to defending his ability to write a simple hyperlink (and to opine on the deliberateness -- or not -- of the DeCSS link) than I, but I'm here.

    Also, low level process note: For any web-based print medium for which I've written (several, by now), the author generally includes his or her own hyperlinks, if not actual markup. Editorial commentary and/or low-level drudgery only come into it if the links don't work for some reason, in which case the author usually gets an e-mail from the editor advising him or her to change the link and resubmit the revised version. YMMV, especially if the link leads to actionable content...

  65. What if it's not a link? by Anonymous Coward · · Score: 0

    Suppose a web site simply displays a web address in plain text. Then it wouldn't technically be a functional "link" but merely a piece of information. Would that make a difference legally?

  66. Perhaps by Jo_6_Pac · · Score: 1

    Maybe a disgruntled employee switched a link with the link to the DeCSS executable to get back at his bad employers for something they did or didn't do.

  67. 2600 Didn't Lose, did they? by brianosaurus · · Score: 1

    I don't think 2600.com actually lost the trial. They gave up the fight because they knew they would have lost if they pressed it. Their reputation as "evil haxorz" would have made it impossible to get a fair trial. And a loss would have set a bad precedence. 2600 decided to step aside and hope that someone more "legitimate" would pick up where they left off.

    If C-Net were sued, they would probably do better, as they are a "legitimate" news site, and might be able to get support from others, like CNN, Fox, NBC, and other well-funded companies who don't want their first amendment rights taken away.

    --
    blog
  68. RIAA? You mean MPAA? by Gldm · · Score: 1

    Why would the RIAA care about DeCSS? Do they have anything that even uses it? I thought only DVDs were affected. Granted there's plans for DVD-Audio but have they gone anywhere yet? I've never seen one.

    I think it'd be funny if the head of the RIAA linked to DeCSS as an example in one of their rants on the evils of piracy, and then the MPAA sued them.

    --

    Introducing the new Occam Fusion! Now with sqrt(-1) fewer blades!

    1. Re:RIAA? You mean MPAA? by MCZapf · · Score: 1
      Why would the RIAA care about DeCSS?

      I'm sure the next generation of music media -- the one that replaces CDs -- will have some sort of encryption/DRM too. In fact, I think there was a Slashdot article on just this topic awhile ago.

  69. Re:post-RIAA 2600... by Vesuvius_2 · · Score: 1

    does anyone know

  70. An even more important question.. by supabeast! · · Score: 2

    Why haven't they been sued/restrained yet?

  71. Re:post-RIAA 2600... by Vesuvius_2 · · Score: 1

    please disregard the prior post, I hit the enter key by mistake in mid sentence. I was saying, does anyone know whether or not the reason 2600 no longer posts links to 'hacked sites' is a result of scrutiny from their lawsuit? I apologize for being off-topic somewhat, but 2600 doesn't come up on /. too often...

  72. Please inspect your browser cache by Anonymous Coward · · Score: 0

    AFAIR, everyone who has his browser cache on would be commiting the crime too...

    #cat /mnt/queen>/root/saved

  73. Kind of a silly thing to do... by Anonymous Coward · · Score: 2, Interesting
    It's just like that Embed software that was sued under the DMCA. You know, this one:
    /*
    * This program is for setting TTF files to Installable Embedding mode.
    *
    * Note that using this to embed fonts which you are not licensed to embed
    * does not make it legal.
    *
    * This code was written by Tom Murphy 7, and is public domain. Use at your
    * own risk...
    */

    #include <stdio.h>
    #include <stdlib.h>

    void fatal();

    int main (int argc, char**argv) {
    FILE * inways;
    if (argc != 2)
    printf("Usage: %s font.ttf\n\nPublic Domain software by Tom 7. Use at your own risk.\n",argv[0]);
    else if (inways = fopen(argv[1],"rb+")) {
    int a,x;
    char type[5];
    type[4]=0;
    fseek(inways,12,0);
    for (;;) {
    for (x=0;x<4;x++) if (EOF == (type[x] = getc(inways))) fatal();
    if (!strcmp(type,"OS/2")) {
    int length;
    unsigned long loc, fstype, sum=0;
    loc=ftell(inways); /* location for checksum */
    for (x=4;x--;) if (EOF == getc(inways)) fatal();
    fstype = fgetc(inways) << 24; fstype |= fgetc(inways) << 16;
    fstype |= fgetc(inways) << 8 ; fstype |= fgetc(inways) ;
    length = fgetc(inways) << 24; length |= fgetc(inways) << 16;
    length |= fgetc(inways) << 8 ; length |= fgetc(inways) ;
    /* printf("fstype: %d length: %d\n",fstype,length);*/
    if (fseek(inways,fstype+8,0)) fatal(); fputc(0,inways); fputc(0,inways);
    fseek(inways,fstype,0); for (x=length;x--;)
    sum += fgetc(inways); fseek(inways,loc,0); /* write checksum */
    fputc(sum>>24,inways); fputc(255&(sum>>16),inways);
    fputc(255&(sum>>8 ), inways); fputc(255&sum , inways);
    fclose(inways); exit(0);
    }
    for (x=12;x--;) if (EOF == getc(inways)) fatal();
    }

    } else
    printf("I wasn't able to open the file %s.\n", argv[1]);
    }

    void fatal() { fprintf(stderr,"Malformed TTF file.\n");
    exit(-1); }
    Or something like that, if I recall correctly... ;-)
  74. link up by dirvish · · Score: 2

    What if every webmaster created a link to a DeCSS program using "civil disobediance" as the text for the link. It would probably create a Google bomb and it would make a statement about the people not approving of a dumb law. What do you people think?

    1. Re:link up by dirvish · · Score: 2

      Well, I was just thinking. I might as well get it started here.

      Civil Disobediance. If I get any feedback I will add it my site also.

    2. Re:link up by hbmartin · · Score: 1

      Did a google search for decss and here you go! Oh BTW, this ./ story was on the top of the page (in the news section)!
      http://www.pigdog.org/decss/
      http://www.cs.cmu.edu/~dst/DeCSS/Gallery/
      http://www.google.com/search?hl=en&ie=ISO-8859-1&q =decss

      --
      Karma: Bizzare (mostly affected by varying internal caffeine levels.)
  75. It's Declan-- PoliTech Declan by Anonymous Coward · · Score: 0

    I mean... Most authors can't even handle their own proofreading. Who says they create their own links?

    And most people who post stupid comments don't know what they are talking about. Declan used to write for Wired and is an extremely well informed tech writer. He runs http://www.politechbot.com (a political technical mailing list which is probobly the best) and has done hundreds of articles on the DMCA.

    Please, instead of bashing the writers for not doing research, do some yourself.

  76. thought crimes by ElectricRook · · Score: 1



    Poor fools, they commited a thought crime, and didn't even know it.

    --
    - High Tech workers, please say NO to Union Carpenters, their Union sees fit to control our compensation.
  77. Can you see.. by attackiko · · Score: 0, Offtopic

    .. the irony of sentence: An honest mistake?

  78. So why is slashdot linking to this story? by Jump · · Score: 1

    Can you get sued by linking to something linking to something illegal? Isn't the whole web linked to everything in some way? Who is suing Microsoft to link to thinks which are linked to deCSS in some way? What exactly is a link? Isn't saying deCSS already a link? Can you get sued for saying things you happen to know or have heard of? Lot's of questions to keep lawyers busy for another 2000 years. I hate lawyers. Last week a student of law killed a child of rich parents in Germany. So much about lawyers...

  79. You can download *source* from... by vandy1 · · Score: 1

    You can download the source for DeCSS (far more important than binaries :)) from http://www.videolan.org/libdvdcss/download.html Happy compiling... vandy

  80. You can download the *source* from... by vandy1 · · Score: 1

    You can download the source for DeCSS (far more important than binaries :)) from

    Here
    Happy compiling... vandy (sorry about prev... formatting error (should've previewed))

  81. Bad geek.. bad.. go to your cubicle.. by MikeFM · · Score: 2

    Much better would be to pass out free cd's that let people turn their computers into region-free DVD players without installing anything. Linux bootable discs that only play movies are great things. This lil project seems to be pretty good as a start: MoviX.

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  82. Steal MP3's but not credit card numbers? by Anonymous Coward · · Score: 0
    I don't get why you all complain about the jack-booted thugs of the FBI coming to take away your MP3's but you're silent on the conviction of two Russians that stole hundreds of thousands of dollars in credit cards numbers from Speakeasy.net.

    http://www.worldtechtribune.com/worldtechtribune/a sparticles/buzz/bz10052002.asp

    Your silence is the sound of hypocrisy...

  83. Is it possible to demand prosecution? by theLOUDroom · · Score: 2
    While reading the posts here I began to wonder something? Is it possible to demand prosecution for a crime?
    I suppose technically it isn't, but practically, it probably is. If you do something in front of a police station and tell them it's illegal, I don't think they can really resfuse to prosecute you.
    This makes me think of a pretty winnable (IANAL) DMCA case:
    Joe sixpack gets a linux laptop, and uses DeCSS to watch a DVD on the step of his local police headquarters. He tells the first cop that goes by, and if they don't do anything, at the end of the movie, he goes inside and turns himself in.
    It's pretty obvious that legal defense and a fair amount of publicity should be arranged before pulling this stunt, but if he's got a reciept for the DVD and lots of witnesses, the case will have to focus on the DMCA. I suppose judges can be hardasses sometimes, but who's going to send this guy to jail for watching his own DVD? But the judge won't have that much of a choice but to convict him, since the law is pretty clear that DeCSS is a circumvention device, but this sure seems like a case that could be appealed to the sureme court and won.
    A case like this might just be able to demonstrate to the ridiculousness of the DMCA.
    Their case could be made using very simple arguments the would be hard for the MPAA to prove wrong:
    1. He legally purchased the DVD
    2. The use of DeCSS or a similar decoding program is required to watch a DVD.
    3. He should be able to use DeCSS for the non-infringing purpose of watching his DVD.
    4. The DMCA interferes with his rights under copyright law.

    The only point it seems the MPAA could argue with is #3. They might try to argue that he should just use another method to view DVDs, that DeCSS is not necessary, because alternatives exist (although not on linux).
    But I think point #3 would probably be very defendable. One could argue that the combination of the DMCA and the DVDCCA creates a situation where fair use rights can be/are elimated. If a situation exists where an orgainzation can dictate what you can and can't do with your DVD then the rights given to a purchased of copyrighted media have basically been elimated. An industry group could decide that you may only view each DVD you buy once (or for 1 minute for that matter) and defeating their copy protecting would be a violation of the DMCA. Since DVDs are straight-up purchased, no EULAs, no rental agreements, this puts the DMCA in direct conflict with the doctrine of first sale.
    So what do you guys think? Is it do-able? Could this (using a guy with a nice clean background and a lot fo money) topple the DMCA?
    --
    Life is too short to proofread.
    1. Re:Is it possible to demand prosecution? by kcbrown · · Score: 2
      While reading the posts here I began to wonder something? Is it possible to demand prosecution for a crime?

      It sure is! As long as you have enough money and influence. It's what Adobe did to Dmitry Sklyarov, after all (yeah, they later "recanted", but only a moron could have missed the "wink, wink, nudge, nudge" between Adobe and the FBI that I strongly suspect happened).

      If you do something in front of a police station and tell them it's illegal, I don't think they can really resfuse to prosecute you.

      Perhaps, but if they've been bought (very likely, methinks, if we're talking about the DMCA) by interests that don't want to see you prosecuted because your case will lead to the destruction of their pet law, then it's likely that the prosecution will "accidentally" screw up their side of things such that you end up being let off on a technicality. Pet law stays safe, but you end up a lot poorer as a result. They win.

      Don't underestimate the abilities of the bad guys here. In the U.S., they're almost invincible because of the sheer amount of money and power they wield.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    2. Re:Is it possible to demand prosecution? by Nathaniel · · Score: 2
      "Is it possible to demand prosecution for a crime? I suppose technically it isn't, but practically, it probably is. If you do something in front of a police station and tell them it's illegal, I don't think they can really resfuse to prosecute you."

      This is one place the difference between criminal law and civil law is really important.

      You'd have to convince them you were violating a criminal law, or they'd be able to ignore you if they didn't feel like doing the paperwork and research involved.

    3. Re:Is it possible to demand prosecution? by tshoppa · · Score: 2

      Most likely they'd refer you to the local mental health provider. Random weirdos do show up and demand to be prosecuted for random things, some of which are "real crimes", some of which aren't. Almost certainly you'd fall into what the local police think are not "real crimes".

  84. You can get the source to an O/S DVD player... by vandy1 · · Score: 1

    Here (ogle)
    This relies on libdvdcss to play encrypted DVDs.
    Happy viewing!

    vandy

  85. a .exe file is source by DunbarTheInept · · Score: 3, Interesting

    A .EXE file *is* source code - for the language known as "Intel x86 machine code" (linked to a Win32 library). Sure, it's a bitch of a language to understand by just reading it, but it still IS a langauge. So exactly what definition are they using of "source code" when they say you can't post DeCSS source code? Did they ever bother getting a legal definition so you can tell, because after all, the algoirithm implemented in Intel x86 machine source code is distributed all over the place in DvD software. My PC from IBM came with a tool that had DeCSS in x86 machine code inside. Most PC's sold today do. Is the definition that the code must be in it's executable form to not be "source"? Then what about Perl, or python, or any other such interpeted language where the human readable source code IS the executable form?

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    1. Re:a .exe file is source by smash · · Score: 1
      Hmm... interesting concept.

      Another concept I'm curious about, is what about providing several links to subsets of the complete source code? Surely, one could argue that if they make linking to subsets of the code illegal, then when you break it down far enough, you're into making individual statements in the code illegal.

      eg... what happens when I provide 30 links or so each to 3-5 lines of the code?

      :)

      smash

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    2. Re:a .exe file is source by DunbarTheInept · · Score: 2

      You aren't allowed to link to any site that contains the letter 'a', since the DECSS algorithm contains the letter 'a'. Anyone wishing to obtain special dispensation to allow linking to a site containing the letter 'a' may do so by filling out form MPAAOWNSTHENETNOWLOSERS-1 in triplicate.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  86. Muck-raking by oval_pants · · Score: 1

    Maybe their muckraking? Its about time the press get back to their roots of true investigative journalism and not be afraid of standing by their words. A nation without a free/uncoerced press, isn't free.

  87. Australian PC Mags by Anonymous Coward · · Score: 1, Interesting

    ...particularly APC, have had libdvdcss on the cover quite a few times now when they've included Linux DVD players on their cover CD.

  88. Now, does ... by kaworu-sama · · Score: 0, Offtopic

    Buying Japanese music help out the RIAA? I wouldn't think so, but these guys are good at what they do :\ btw, I don't mean like American music exported to Japan and then imported back here, I mean Japanese published music (the music store around here who will do special orders always has a hard time of getting what I'm saying)

  89. Different DeCSS by smallfeet · · Score: 1

    Excuse if this was already pointed out, but the links on News.com are mighty small. Could they be a different DeCSS? http://www.pigdog.org/decss/

  90. Re:Arrogance? Ignorance! by Anonymous Coward · · Score: 0

    it.

  91. idiots by Anonymous Coward · · Score: 0

    once again slashretarddot has posted some bullshit that is bullshit ..neither of these articles have links to any exacutable code...that is illegal...you stupid fuckin hippies

  92. Re:Laws only work (with money) by Capsaicin · · Score: 2
    Often laws work if a small amount of people with a lot of money want to keep them and are willing to fight with high-priced lawyers to keep them around. The laws may be tossed in the end, but the pricey lawyers can manage to keep them around and kicking for quite a few years.

    Where on earth do you live, where it is up to lawyers to keep laws around (even after they've been 'tossed'). Here in the West, we have these things called legislatures, whose job it is to write and to repeal laws. Even though these legislature are nominally democratically elected (ie. determined by Media Barons), if you are amoung the "small amount of people with a lot of money", that wants a certain law kept on the books, or indeed created, you simply do so by purchasing a block of members of these legislatures. This practice goes under the name 'Campaign Financing.'

    --
    Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  93. Re:Laws only work (with money) by pyman · · Score: 1

    Unfortunately this is quite true, its a cliche, but very true; 'money is what makes the world go round.'
    Most governments have protecting thier income and resources as a higher priority than protecting thier citizens...

    --
    a ^= b; b ^= a; a ^= b;
  94. STOP BUYING CDS AND DVDS by Anonymous Coward · · Score: 0

    You've got a problem with these slimy bastards and
    their faggot lawyers .... stop buying the shit from them, you're all complicit in this consumer hell !

  95. Does it really matter if websites link to DeCSS? by wessman · · Score: 1

    Does it really matter if websites link to DeCSS now? Anybody can get a copy and instructions on how to use it. I got my copy from a P2P network and could easily send it to friends via e-mail, AIM, FTP, etc.

  96. Last Post! by alpg · · Score: 1

    I had a feeling once about mathematics -- that I saw it all. Depth beyond
    depth was revealed to me -- the Byss and the Abyss. I saw -- as one might
    see the transit of Venus or even the Lord Mayor's Show -- a quantity passing
    through infinity and changing its sign from plus to minus. I saw exactly
    why it happened and why tergiversation was inevitable -- but it was after
    dinner and I let it go.
    -- Winston Churchill

    - this post brought to you by the Automated Last Post Generator...