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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"

12 of 249 comments (clear)

  1. 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?

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    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. 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?

    --
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  3. 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

  4. 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.

    --
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  5. 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...

  6. 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

  7. 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 ...

  8. 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

  9. 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
  10. 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...

  11. 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?

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