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Adobe Finds No Elcomsoft-Cracked E-Books

dJCL writes "I noticed at BlackMask.com that the Adobe investigators have found not a single e-book that was decrypted by Elcomsoft's Advanced e-Book Processor, even despite the months of intensive searching of around 100,000 pirated e-books that they could find(i.e. something else was used to crack them). Just love how the laws have been able to stop people from pirating things these days."

311 comments

  1. all I have to say is.... by the_2nd_coming · · Score: 1, Troll

    HA HA....I just love it when a corperation screws up like this.

    --



    I am the Alpha and the Omega-3
    1. Re:all I have to say is.... by Anonymous Coward · · Score: 0

      You got modded down because you're an asshole.

      So are you, but we don't see any downmods for you yet, do we?

    2. Re:all I have to say is.... by Anonymous Coward · · Score: 0

      Look again dipshit.

      OK, maybe I should stop replying to my original post while pretending to be different people.

    3. Re:all I have to say is.... by Anonymous Coward · · Score: 0

      Last one, I promise.

    4. Re:all I have to say is.... by Anonymous Coward · · Score: 0

      I just love it when a corperation screws up like this.

      Grammar/Spelling Nazi says, "It looks like YOU screwed up."

    5. Re:all I have to say is.... by Anonymous Coward · · Score: 0

      Somebody stop me, please!

  2. It just proves... by shepd · · Score: 2, Troll

    ...that the warez community isn't as dumb as the corporations always assume they are.

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    1. Re:It just proves... by Anonymous Coward · · Score: 0
      ...that the warez community isn't as dumb as the corporations always assume they are.

      They're definitely dumb.

      Just not stupid.

    2. Re:It just proves... by NixterAg · · Score: 5, Funny

      You got it wrong. Instead, it just proves that corporations are as dumb as warez communities think they are.

    3. Re:It just proves... by DaRiachu · · Score: 5, Insightful

      The fact is, is that I believe the corporations assess the possibility for theoretical damages (Decreased revenue for an archaic archival system is hardly damages in my mind) before the threat of theoretical damages even comes. Then they get all pissy and sue someone. And of course, they lead out the propaganda "Don't Steal Books!" and we end up stealing more of them.

      Anyways, yeah. Wasn't this ebook software the Skylarov made only able to be used on ebooks that one already owned to port it to a different format? (such as a palm ebook or others?) That's my understanding. And if it's true, what are the damages then?!?! That's fair use! WTF!

      Okay. I'm preaching to the choir here. Nevermind.

      Oh, and if Adobe sues over peanuts like ebooks, then they need to get to the people that pirate things like Photoshop and Illustrator and Pagemaker and Premiere (which are a helluvalot more likely to be pirated than stupid ebooks, c'mon!) :D

    4. Re:It just proves... by Lumpy · · Score: 2

      not only that but it proves YET again that the suits do not pay attention to the brains they hire who all along have been saying "it's not the only way to steal the E-books!"

      they would rather listen to the lawyers who know absolutely nothing about it......

      anyone else find that funny? when a large corperation wants advice on technology instead of asking experts they ask lawyers... the one group of people that are 100% useless in such matters...

      asking lawyers about technology advice is like asking the janitors about corperate legal positioning..

      I find it even more amusing... and just wait people.. this rampant stupidity in the board rooms of american (yes canada is an AMERCIAN country... get over it! or move from the AMERICAN continent) companies is going to continue the economic depression longer or futher....

      --
      Do not look at laser with remaining good eye.
    5. Re:It just proves... by Z0mb1eman · · Score: 5, Insightful

      I doubt Adobe is concerned about the actual pirated e-books. They're not protecting "peanuts" like e-books versus the more expensive Photoshop, Illustrator, etc. They're protecting the validity and usefulness of their ebook technology - I am not very familiar with it, but it stands to reason that if it becomes extremely easy to circumvent, publishers won't even think about using it to "securely" distribute e-texts, Adobe won't get paid, and they'll basically be left with a technology they spent a lot of money on that no one wants to use.

      That is very different from Adobe worrying about some 14-year-old downloading the latest Photoshop. They're probably smart enough to realize that they're generally not losing sales revenue through that, they are, if anything, gaining market share by having a growing self-trained user base (which in turn leads to businesses hiring the 14-year-old a few years down the road and buying another legit license).

      --
      ClutterMe.com - easiest site creation on the Net. Just click and type.
    6. Re:It just proves... by sasami · · Score: 5, Interesting

      That's fair use! WTF!

      Of course it is. That ain't the problem.

      Did you know that the DMCA explicitly guarantees our right to fair use? It really does!

      And then, in the same breath, it conveniently criminalizes any and all means of exercising that right. The tool is forbidden; the action itself remains completely legal.

      It's a lot like passing a law that affirms the principle of universal suffrage and then goes on to declare that all polling stations must be in men's bathrooms.

      ---
      Dum de dum.

      --
      Freedom is not the license to do what we like, it is the power to do what we ought.
    7. Re:It just proves... by isorox · · Score: 5, Funny

      And if it's true, what are the damages then?!?! That's fair use! WTF!

      Maybe not in the U.S. (DMCA), however in [Soviet ;)] Russia, fair use and freedom still exist.

      Heh, it'd be funny if this post slipped through a time warp back to 1985...

    8. Re:It just proves... by Anonymous Coward · · Score: 0

      I think it should be sent back to 1984, actually... :)

    9. Re:It just proves... by Anonymous Coward · · Score: 0

      Contrary to popular belief, consumers "backing up" products for personal use is NOT fair use.

      Fair use is when you transcribe copyrighted material and distribute it to your peers.

      Don't beleave me? Have a look.

    10. Re:It just proves... by g4dget · · Score: 4, Interesting
      They're protecting the validity and usefulness of their ebook technology

      With 100000 pirated ebooks, I think it's already been proven that their "ebook technology" doesn't work.

      In fact, calling something as kludgy and retrofitted as PDF with its bogus "encryption" a "technology" seems like giving it too much credit.

    11. Re:It just proves... by Sandor+at+the+Zoo · · Score: 1
      With 100000 pirated ebooks, I think it's already been proven that their "ebook technology" doesn't work.

      Wrong -- it proves that it does work. None of those 100K books were cracked PDFs.

      What it does show is that books on paper are unsecure. This is news?

    12. Re:It just proves... by g4dget · · Score: 3, Interesting
      Wrong -- it proves that it does work. None of those 100K books were cracked PDFs.

      That's not what I get from the article, since it says that those books may have been cracked using other methods.

      In any case, either way, it doesn't matter, since there are plenty of PDF readers that will just display "encrypted" PDFs for you without even the bother of cracking them. If you like, you can print to a file and re-encode to PS from those.

      So, Adobe's ebook technology is broken, period.

    13. Re:It just proves... by DavidTC · · Score: 1
      Uh, and? No one said anything about making backups.

      You cannot grab a still from a DMCA protected video and show a friend, because you cannot legally possess the tools to do so. And that's definitely fair use.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  3. Is that legal? by Anonymous Coward · · Score: 5, Insightful

    For them to be downloading ebooks they don't own?

    1. Re:Is that legal? by -strix- · · Score: 2, Insightful
      but they're Adobe they can do anything they want. Or so the story goes.

      -Hey everyone look it's clippy...Die you metal bastard!

    2. Re:Is that legal? by coryboehne · · Score: 5, Insightful

      Is that legal?
      For them to be downloading ebooks they don't own?


      Disclaimer:IANAL

      Actually I don't think that would be legal at all... As a matter of a fact I really hope that they posted a list of the books they downloaded and someone gets pissed that Adobe stole a copy of their book, resulting in a law suit against Adobe for piracy.... Ahh the sweet justice that would be....

    3. Re:Is that legal? by ramzak2k · · Score: 2, Insightful

      Actually I don't think that would be legal at all

      Not if Adobe took their permission. How hard would that be ?

      Adobe to a publishing company : "We are trying to investigate a potential fraud and loss for your company due to a group involved in breaking your ebook's protection code. Can we have your permission to..."

      --

      Siggy Say, Siggy Do
    4. Re:Is that legal? by LordDragonstar · · Score: 1

      Adobe to a publishing company : "We are trying to investigate a potential fraud and loss for your company due to a group involved in breaking your ebook's protection code. Can we have your permission to..."

      idea: Start a company so I can use good excuses to downloaded e-books I don't own with permission from the company that holds the copyrights...better yet, offer to charge them for results of my investigation...and keep the e-books too.

      --
      sig: There are two mistaakes in this sig.
    5. Re:Is that legal? by shaitand · · Score: 2

      That would be alot of letters to alot of publishers and authors, since they downloaded over 100,000 ebooks...

    6. Re:Is that legal? by a_n_d_e_r_s · · Score: 2

      Actually, yes it is legal to download books and music! In some countries it are only distribution that is illegeal. Downloading is not distribution so it is perfectly legal in some civilized countries.

      In Sweden this has even been admitted by the Minister of Justice. However it has not stopped the Anti-piracy byroue(sp?) to try and muddle the waters byt proclaiming that it's not legal.

      It's their way to try and sway the public opinion to get EUCD (the EU version of DMCA) approved by the politicians.

      --
      Just saying it like it are.
    7. Re:Is that legal? by Anonymous Coward · · Score: 0

      It doesn't matter what the law is in your country. It only matters what the law is in the country where these activities are taking place. I doubt Adobe went to Sweden to conduct this activity.

    8. Re:Is that legal? by Anonymous Coward · · Score: 0

      > Disclaimer:IANAL
      What dose sodimizing have to do with e-books?

  4. In other news... by ottffssent · · Score: 5, Insightful

    "Movie and recording studios, among others, say the law is necessary to stop pirating of intellectual property, which is made easy when the material is in digital format."

    Unlike a VCR, which is a bitch to use.

    1. Re:In other news... by Anonymous Coward · · Score: 0

      Who modded this interesting? IT IS A JOKE A good one even.

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

      What kind of geek are you? For we geeks, VCRs are easy to use.

      1. Put in tape.
      2. Press record when needed.
      3. Press stop when needed.
      4. Rewind and press play.

    3. Re:In other news... by papasui · · Score: 3, Insightful

      That is funny but seriously a VCR records analog which is legal to use for time shifting/sharing purposes. Digital copies are currently illegal.

    4. Re:In other news... by Mnemia · · Score: 5, Interesting

      Does that mean it's legal for me to copy for "sharing purposes" with my friends from a DVD as long as I pass it through an analog format before reconverting it to digital? If the only distinction is the fact that it's digital I think the law has no ground to stand on.

    5. Re:In other news... by Vegeta99 · · Score: 2

      That IS legal, and thats how some people get around SDMI.

    6. Re:In other news... by MrWa · · Score: 3, Funny

      Knowing some off-color uses that people use socks for makes that comment more disturbing than it originally seems...

    7. Re:In other news... by dasunt · · Score: 2

      Papasul writes
      That is funny but seriously a VCR records analog which is legal to use for time shifting/sharing purposes. Digital copies are currently illegal.

      Please cite this law. Because right now, I don't believe Tivos are illegal, and they time shift by recording a digital copy. Backup copies of CD's aren't illegal, and those are digital copie as well.

    8. Re:In other news... by Cyno01 · · Score: 1

      Yeah, but try to set the clock.

      --
      "Sic Semper Tyrannosaurus Rex."
    9. Re:In other news... by bobthemonkey13 · · Score: 1
      use Disclaimer::IANAL;

      It's not illegal just to make a copy of something digital. It is, however, illegal (by the Digital Millenium Copyright Act, aka DMCA) to circumvent any digital copy prevention system, even for fair use purposes*. This means that if you buy a CD (one with no copy protection), you can legally make a backup for your own purposes. But if you buy a copy-protected pseudo-CD and use a circumvention device to make a backup copy, you are breaking the law. This essentially means that content producers get to limit your use of their product arbitrarily, even when it falls under fair use. As far as time shifting goes, the DTV broadcast flag could be considered a copy-protection system under the DMCA, so in a few years using your HDTiVo to time-shift certain programs very well could be illegal. Sucks, doesn't it?

      All of the above applies in the United States only (unless you happen to be a certain Russian programmer). I have no clue what laws other countries have about this kind of stuff.

      * There is a provision for fair use in the DMCA, but it has never (?) been invoked and probably has no real effect. This has been discussed elsewhere in this thread.

    10. Re:In other news... by Anonymous Coward · · Score: 0

      You mean they jizz in them?

    11. Re:In other news... by JamesKPolk · · Score: 2

      The US Supreme Court ruled that timeshifting was fine under copyright law in Sony Corp. of Am. v. Universal City Studios, Inc. and also held that selling a VCR (called a VTR at the time) was not contributory infringement.

      http://www2.law.cornell.edu/cgi-bin/foliocgi.exe /C opyrtCases/query=[Group+464us417:]([level+case+cit ation:]|[level+case+elements:])/doc/{@1}/hit_headi ngs/words=4/hits_only?

      And my understanding is that while the DMCA may challenge the manufacture and sale of the implements of fair use, fair use itself is unaltered. So if it was legal in 84, it's legal now.

  5. Comment removed by account_deleted · · Score: 5, Funny

    Comment removed based on user account deletion

  6. In related news... by digitalsushi · · Score: 2

    Bruce Chizen was reported as proclaiming "Doh!" at the top of his lungs. :D Actually, I thought Adobe dropped this case? (but as a criminal case, the US picked it up and ran with it).

    --
    slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
    1. Re:In related news... by jasonditz · · Score: 5, Interesting

      It is a criminal case, and Adobe is a alleged victim.

      http://biz.yahoo.com/rc/021203/crime_dmca_2.html

      "In testimony, Thomas Diaz, a senior Adobe engineer, said under cross-examination from Burton that ElcomSoft was not the only company to create software that allows people to circumvent security measures of Adobe software.

      Apple Computer Inc.'s (NasdaqNM:AAPL - News) latest operating system, OS X, also disables some of Adobe's copyright prevention functions, he said."


      So maybe Apple is next?

    2. Re:In related news... by Longinus · · Score: 2

      Why pick on Apple when you can make an example out of the hackers? The DMCA is supposed to intimidate us, not the corporations.

    3. Re:In related news... by Alsee · · Score: 1, Redundant

      Apple Computer Inc.'s (NasdaqNM:AAPL - News) latest operating system, OS X, also disables some of Adobe's copyright prevention functions

      Reading an e-book disables some of Adobe's copyright prevention functions.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:In related news... by Buran · · Score: 2

      That's been fixed in the latest version of the Preview application (which was the cause of this problem.) Nothing to sue them over.

    5. Re:In related news... by inerte · · Score: 1

      Adobe suing Apple?

      Riiiiiiiiiiiiiiiiiiight....

      Like if a worm would kill its house.

  7. wait.. by pctainto · · Score: 3, Funny

    There are laws that try to stop pirating?

    --
    I think my principles are reachin' an all time low
    1. Re:wait.. by fussman · · Score: 0

      /me agrees.

      I agree with the parent post. There are laws that make pirating illegal, but certainly there are none that try to stop pirating. Any questions?

      --
      Support Israeli punk bands. Man Alive.
    2. Re:wait.. by cuyler · · Score: 2

      There are laws that try to stop pirating?

      Not from what I've seen. There are just laws that try to make things more difficult for law-abiding citizens.

      Piracy has not be slowed down. The only thing that has been slowed down is the productivity of those who choose not to pirate. In many cases - using a crack version of a piece of software (or ripped CD) is less of a hassle.

    3. Re:wait.. by ArmedGeek · · Score: 1

      There are laws that try to stop pirating?

      Not from what I've seen. There are just laws that try to make things more difficult for law-abiding citizens.

      mmm...sorta like gun laws.

      --
      Work is punishment for failing to procrastinate effectively.
  8. Makes me.... by Siriaan · · Score: 0, Insightful

    Embarrassed to live in a society where capitalism takes this form. That is, the form which allows whiney 8 year-olds at the helm of massive companies who complain that a little wet spot means someone's pissed in the sandbox.

    1. Re:Makes me.... by God!+Awful+2 · · Score: 1


      Embarrassed to live in a society where capitalism takes this form. That is, the form which allows whiney 8 year-olds at the helm of massive companies who complain that a little wet spot means someone's pissed in the sandbox.

      As opposed to whiny 8 year olds who see free books/etc on the net and say "Gimme gimme gimme!! Mine mine mine!!"?

      -a

    2. Re:Makes me.... by shaitand · · Score: 2

      I would definately prefer the whiny 8 yr olds who see free books and say Gimme. They can't even begin to do the same kind of damage corporations can...

    3. Re:Makes me.... by Anonymous Coward · · Score: 0

      Maybe it's just me, but I'd be annoyed that someone pissed in the sandbox.

      Come on, guys, we're trying to build castles here.

  9. wow by C0D3X · · Score: 0, Offtopic

    I guess if a thief goes thru the chimney instead of the door / window to get in a house, they'll never catch him.

    now if you excuse me, I have to go umm.. do something.. err. .. umm.. bye

    you never heard this from me!

    1. Re:wow by ottffssent · · Score: 1

      Nah. It just means it's not breaking and entering. Mere tresspassing. Aren't laws great?

    2. Re:wow by Anonymous Coward · · Score: 0

      Ho! Ho! Ho! ;)

  10. Let's get this straight by 3141 · · Score: 5, Interesting

    Have I misunderstood something, or is Adobe admitting to downloading 100,000 ebooks?

    They are not the police, and do not have the right to break the law just to prove (or in this case disprove) their point.

    1. Re:Let's get this straight by machine+of+god · · Score: 1

      I think it's ok as long as they didn't read them isn't it? Of course they would have to prove that they didn't read them, since they are already guilty and all. (remember we're all guilty, we just don't know it yet)

    2. Re:Let's get this straight by Anonymous Coward · · Score: 0

      Um, read the Adobe license, dude. They
      can do just that.

      Oh, wait. This is /. Go ahead and post sh*t
      before looking into things carefully.

    3. Re:Let's get this straight by Anonymous Coward · · Score: 0

      What license? Who says the "thieves" that produced the books created them with an Adobe product?

      Maybe you should:
      a.) "look into things carefully",
      b.) be more clear when you post, or
      c.) stop trolling

    4. Re:Let's get this straight by Klerck · · Score: 3, Funny

      Yep, just like it's okay to steal a car as long as you don't drive it.

    5. Re:Let's get this straight by Alsee · · Score: 5, Funny

      Yep, just like it's okay to steal a car

      It's OK with me if you steal my car if it's still parked in front of my house and I can still use it.

      That's why intellectual property is property, because it's gone when someone else gets it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:Let's get this straight by psyclone · · Score: 1
      That's why intellectual property is property, because it's gone when someone else gets it.

      How is intellectual property "gone" when someone else gets it? If I used my "replicator" technology to copy your car, then drive it around, you would still have your car.

      Now if you were selling that car, and I copied it, then sold mine for less, you may have potentially lost a sale.

    7. Re:Let's get this straight by CaptainSuperBoy · · Score: 2

      I know.. It's like those hidden camera stories you see on the news. "Our reporter goes undercover to sell drugs and kill hookers." So it's OK for reporters, but not me?

    8. Re:Let's get this straight by inerte · · Score: 1

      I guess

      If someone stoled your car and you still have it, IT IS NOT STEALING.

      Wake up!

    9. Re:Let's get this straight by Alsee · · Score: 2

      How is intellectual property "gone" when someone else gets it?

      Which is exactly the point I was trying to make.

      Now if you were selling that car, and I copied it, then sold mine for less, you may have potentially lost a sale.

      Exactly! That money was stolen from me! I was planning to sell my station wagon for $284,000. If anyone can just copy a car for free that will cause hundreds of billions of dollars of harm.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:Let's get this straight by Gumshoe · · Score: 1
      Exactly! That money was stolen from me! I was planning to sell my station wagon for $284,000. If anyone can just copy a car for free that will cause hundreds of billions of dollars of harm.


      How is the car worth $284,000 if it's possible to copy it for free?
    11. Re:Let's get this straight by mijok · · Score: 1

      Hmmm, maybe I should start my own magazine "Warez Investigation" and work for it part-time. The magazine comes out once every century and contains a report of how much warez an individual can obtain and use during a whole century (and just to keep reader interest how quickly they've become abandonware). As a reporter I'd naturally have to do a lot of investigating...

      --
      Karma. Moderation. Is my .sig good now?
    12. Re:Let's get this straight by TheMidget · · Score: 1
      Yep, just like it's okay to steal a car as long as you don't drive it.

      It's OK with me if you steal my car if it's still parked in front of my house and I can still use it.

      Well, ... he could have towed it...

    13. Re:Let's get this straight by Anonymous Coward · · Score: 0

      Exactly! If it is possible to copy for free, it obviously is not worth that much. A new business model (free cars) supercedes an old one (expensive cars). It is no different from an improvement in manufacturing technology by one comparny over the rest.

    14. Re:Let's get this straight by Alsee · · Score: 2

      How is the car worth $284,000 if it's possible to copy it for free?

      It's not the car that was stolen from me. It was the potential to sell the car that was stolen from me. I'm just using the same logic the RIAA and MPAA use to figure out how much was stolen. I was planning to sell my beat up old 1978 station wagon for $284,000, therefore that's how much was stolen.

      My original point was that intellectual property is property because you don't have it anymore when someone else gets it. That's what property is - something that you don't have any more when someone else has it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  11. Re:YOU DID IT! by Anonymous Coward · · Score: 0

    600,000 registered users? You trolls sure are burning through the UIDs!

  12. The Spin: by Murdock037 · · Score: 5, Interesting

    They're going to say "See how effective the DMCA is?"

    Of course, had they found any of what they're looking for, the line would be "See how bad we need the DMCA?"

    1. Re:The Spin: by user32.ExitWindowsEx · · Score: 2, Insightful

      No, the line is "See how bad we need the (insert name of bill worse than DMCA)?"

      --
      "Evil will always triumph because good is dumb." -- Dark Helmet
    2. Re:The Spin: by Alsee · · Score: 4, Informative

      insert name of bill worse than DMCA

      The name you're looking for is CBDTPA - Consumer Broadband and Digital Television Promotion Act.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:The Spin: by GimmeFuel · · Score: 1

      "See how badly we need to not sell our customers anything at all? That'll solve this nasty piracy issue. We'll just have one of our Congressional whores write us a bill making it legal for us to take customers' money and give them nothing."

    4. Re:The Spin: by Desert+Raven · · Score: 1

      We'll just have one of our Congressional whores write us a bill making it legal for us to take customers' money and give them nothing.

      Um, somehow I don't see anyone in Congress being willing to allow someone else to compete with their monopoly.

    5. Re:The Spin: by isorox · · Score: 2

      "Yes, this anti-piracy billis effective because we only managed to get 100,000 illegal copies of books of the net"

      Hmm...

      *shudder* I just wrote "illegal copies of books". What century are we in? Are the scribes revolting again? /me runs off to invent the printing press.

  13. RIAA by jellybear · · Score: 5, Funny

    Not to give them any ideas, but if the RIAA were in a similar situation, they'd probably hire three kids for minimum wage to sit and pirate as much e-books as they could.

    1. Re:RIAA by fib3r · · Score: 3, Funny

      Finally! A job I could do

    2. Re:RIAA by inerte · · Score: 1

      They have already did this. I don't remember the exactly news content, but it was something around the lines that Record companies hired a couple people to look for illegal copies of their music.

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

      You go and work for riaa pirating e-books, I dont know what the riaa cares about them and its adobe who would do this but heh, what do I know? I am waiting for a job opening at the mpaa, adobe could put you on a dialup link to fetch e-books, but for succesfull divx downloading for research purposes one would need just a little more bandwith ;-)

    4. Re:RIAA by Anonymous Coward · · Score: 0

      4 for a First Post.

      Congratulations.

  14. Adobe wanted to drop this case by ahecht · · Score: 1

    so they probably weren't looking very hard.

    1. Re:Adobe wanted to drop this case by jandrese · · Score: 2

      Yeah, 100,000 e-books is not a lot of work to go out and find. Man, the corporate apologists are really having a tough time today.

      --

      I read the internet for the articles.
    2. Re:Adobe wanted to drop this case by g4dget · · Score: 2
      It's pretty clear that Adobe didn't want to drop this case at all, otherwise they could have persuaded the government to drop it and they wouldn't have spent lots of money trying to track down copyright violations.

      Adobe simply didn't want the bad PR of going against a harmless, hardworking programmer and causing a father of two to rot in American prisons for several months over their substandard ebook encryption. So, the position they are taking is "Uncle Sam made us do it".

  15. This may not be all that relevant for the case by czarneki · · Score: 5, Insightful

    The DMCA only requires that the criminal defendant produced software aimed at circumventing copy protection. Using such software to actually circumventing copy protection is a separate offense (also under the DMCA). So the fact that they found no evidence of the software actually being used for piracy will not save the defendant from the offense of having produced the software in the first place

    1. Re:This may not be all that relevant for the case by sylvester · · Score: 5, Insightful

      No, but it gives them the defence that the product has substantial non-infringing use. (Since the product has presumably sold, and thus presumably been used, and no infringing use has been discovered, we are lead (dragged?) to the conclusion that people must be using it for some *gasp* legitimate, fair-use purpose.

      -Rob

    2. Re:This may not be all that relevant for the case by StormReaver · · Score: 2

      IANAL

      The DMCA doesn't create a crime merely because a device was created that circumvents copy protection unless that device's primary use is to infringe copy rights.

      This, I think, is where the government's case against Elcomsoft falls apart. Elcomsoft, to the best of my knowledge, had always marketed its software as allowing people to read E-Books that they have the legal right to read, but explicitly blocks access to works that users haven't paid for (I don't know anything about how E-Books work to assure that). This means that Elcomsoft's product is used primarily (and since not one infringing case was found, used exclusively) for non-infringing purposes.

      The DMCA, IIRC, allows circumvention for interoperability purposes where the copy right owner has not provided for the same (provided that the creator of the circumvention device has attempted to acquire such functionality from the copy right owner).

      So if Elcomsoft can show that its product filled a legitimate need that Adobe refused to fill, then everyone at Elcomsoft should be in the clear DMCA-wise.

  16. I wonder... by Z0mb1eman · · Score: 5, Insightful

    ...whether they took any action against any of the sites/people offering the 100,000 "pirated books".

    Seems to me that Adobe is merely trying to find a scapegoat, but chose an entirely wrong example to set.

    --
    ClutterMe.com - easiest site creation on the Net. Just click and type.
    1. Re:I wonder... by inode_buddha · · Score: 2

      You'd be amazed what you can do with "grep -v" and a few universities. For that matter, are they really that worried about 300-year-old Western Philosophy texts? If so, then I should be.

      IANAL, but aren't local-only copies ok?

      --
      C|N>K
  17. Confusing paragraph by RyanFenton · · Score: 2, Interesting

    "Opponents claim the DMCA is being used to give copyright holders greater rights in cyberspace than they have in the real world, where people can legally copy videotapes for their personal use and record music."

    I'm nitpicking... but in that sentence, shouldn't "cyberspace" and "real world" should be reversed? I mean, complaints about the DMCA are that it limits copying and use of "cyberspace" digital media above and beyond "real world" analog copying and use. Normally I wouldn't complain - but this is Reuters, the source from where so many other news sources flow.

    Ryan Fenton

    1. Re:Confusing paragraph by ThogScully · · Score: 1

      Re-read what you're quoting. The quote says that copyright holders are getting more rights with the DMCA in cyberspace than they have in the real world. Consumers have fewer rights in cyberspace due to the DMCA.
      -N

      --
      I've nothing to say here...
    2. Re:Confusing paragraph by Anonymous Coward · · Score: 0

      No... Reuters has it right:

      the copyright *holders* have more rights under the DMCA than in the real world. Not the people using the copyrighted material, who have fewer rights.

  18. Just goes to show... by Penguinoflight · · Score: 5, Insightful

    That it wasn't much to crack anyway. It's a very simple crypto scheme, and it doesn't work... why can't judges understand this?

    --
    "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
    1 John 4:14
    1. Re:Just goes to show... by ThogScully · · Score: 4, Informative

      The judges are supposed to apply the law is it stands to the case. IANAL, but if you're encryption scheme is simple zipping it up with a blank password, it's still illegal to try to bypass it without authorization to read the contents.

      I'm not saying I agree with the DMCA, but there's no distinction between difficulty of cracking involved here.
      -N

      --
      I've nothing to say here...
    2. Re:Just goes to show... by DAldredge · · Score: 1

      Then what does 'effectively control access' mean in context of the DMCA?

    3. Re:Just goes to show... by Anonymous Coward · · Score: 0

      So? How the hell should that matter? So then, what constitutes viable cyptography where you can draw the line between something where the DMCA should be enforcable and where it should not? There are exploits for probably every type of encryption "scheme". Is Rot-13 with a XOR key of ADOBE in UTF-8 ok?

      It doesn't matter what the "crypto scheme" is, by creating software that circumvents it, you're doing something illegal and that's all the law cares about. If you didn't even encrypt but said that you only have rights to view it through their reader then you still have no right to read it with vi. You are obviously very ignorant and just plain stupid.

    4. Re:Just goes to show... by Alsee · · Score: 2

      Then what does 'effectively control access' mean in context of the DMCA?

      It means that if you fold a piece of paper in half so that all the text is on the "inside", and you can't easily read it without unfolding it, then folding a peice of paper in half effectively controls access.

      Don't you love the DMCA?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:Just goes to show... by JohnDoe · · Score: 3, Insightful
      Ok, so what you have to realize here is the that the lock on your door is not actually stopping anyone from coming into your house. It is a very ineffective way to secure your house. Yet you still do it day in and day out.

      You know why? It's because all you really have to do is take reasonable precautions to be covered by the law, otherwise break and entry would also be legal.

    6. Re:Just goes to show... by anthony_dipierro · · Score: 2
      It's defined right there in black and white:
      a technological measure ''effectively controls access to a work'' if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.

      Kudos for actually reading the DMCA. But you have to read more than just the first paragraph.

    7. Re:Just goes to show... by inerte · · Score: 1

      Because simple doesn't mean it's illegal.

      Perhaps encryption is easy to you, but WINDOWS XP MAKES YOU SECURE.

      So, until people (judges) understand securing data, nothing is simple.

    8. Re:Just goes to show... by VON-MAN · · Score: 1
      but there's no distinction between difficulty of cracking involved here

      Absolutely, but isn't that the whole point? Part of the reasons for the DMCA is that companies don't have to worry about anyone cracking anything. Like someone said below, fold the paper with text inside, and claim it's encryption. You'll see it again and again: companies with come up with crappy hastely software with -basically- non-working encryption, but are protected by the DMCA. Furthermore: slap on some silly EULA and the software company is in fact home free to make software completely bugridden and hopelessly useless. But... the DMCA wil protect them all the way.

    9. Re:Just goes to show... by Penguinoflight · · Score: 2

      Of course breaking into houses is easy, but it usually involves smashing the door pretty bad with a crow-bar. And besides, it's not the act of using this software that's being discussed here, it's the act of making and distributing it. For example, nobody is out there sueing Stanley (A large maker of tools) or Sears because they make crow-bars.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
    10. Re:Just goes to show... by Rogerborg · · Score: 2

      I think what we're asking is: what is a reasonable interpretation of this? Can you ROT13 something and claim DMCA protection? Or could you just "tOgGlE CaPiTaLiSaTiOn" or perhaps "redro eht esrever" or something equally as silly?

      That "effectively" looks like yet another example of lawyers (50% of both Houses are members of the American Bar Association) making more work for their own kind by introducing extraneous and nebulous terms, either deliberate or through an appaling lack of foresight ("A well ordered militia...").

      --
      If you were blocking sigs, you wouldn't have to read this.
    11. Re:Just goes to show... by anthony_dipierro · · Score: 1

      I think what we're asking is: what is a reasonable interpretation of this?

      Isn't it reasonable to accept the term as it's defined in the fucking law?

      Can you ROT13 something and claim DMCA protection?

      Sure, why not?

      That "effectively" looks like yet another example of lawyers (50% of both Houses are members of the American Bar Association) making more work for their own kind by introducing extraneous and nebulous terms

      There's nothing nebulous whatsoever. They clearly define the term in the law.

    12. Re:Just goes to show... by Peter+Harris · · Score: 2
      Let's look at this "clearly defined" term closely.
      a technological measure ''effectively controls access to a work'' if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
      IANAL, but I am a picky, pedantic, bloody-minded and argumentative computer programmer (is there any other kind? ;)

      First off, the "ordinary course of its operation" is itself suspect. Be "ordinary" or go to jail? There's a grey area here, in that if your circumstances force you to access your legally-obtained data in an unusual way, you could argue that that is ordinary for people in your circumstances, and in those circumstances the "ordinary course of [the access control method's] operation" is for it not to operate at all.

      Next, "requires". Requires how? It can't mean "legally requires", because that would make the DMCA circular - without it, publishers can't already impose legal requirements on how you read their books. Of course if it means "requires" in the absolute sense that the encryption is unbreakable, the law becomes redundant. In between I would suggest that an obviously naive encryption method could easily be said not to "require" assistance from the copyright holder.

      Now, "with the authority of the copyright holder". That is plainly incorrect. The technological measure can only tell if you have the right key, not that you have the authority of the copyright holder to use it. Therefore NO access control mechanism could be considered "effective" by this definition. A bit-for-bit illegal copy of a DVD will play on a standard DVD player - ineffective. A password-protected zip file can be opened by anyone who has obtained the password, however illegally they did so - ineffective.

      If you think any lawyer could shoot holes in these arguments you're probably right. But equally, a good lawyer could make them stand up. There is ambiguity.

      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
    13. Re:Just goes to show... by anthony_dipierro · · Score: 1

      First off, the "ordinary course of its operation" is itself suspect. Be "ordinary" or go to jail?

      What are you talking about? First of all, "ordinary" does not compare to other things here, it means that usually this is what the device does. Secondly, there's nothing about anyone going to jail for not being ordinary.

      There's a grey area here, in that if your circumstances force you to access your legally-obtained data in an unusual way, you could argue that that is ordinary for people in your circumstances, and in those circumstances the "ordinary course of [the access control method's] operation" is for it not to operate at all.

      Sure, you could argue that, but you'd lose. First of all, for being a dick to a judge, and secondly, because if the ordinary course is for it not to operate at all, then the ordinary course is for it to require the application of information in order to gain access to the work.

      Of course if it means "requires" in the absolute sense that the encryption is unbreakable, the law becomes redundant. In between I would suggest that an obviously naive encryption method could easily be said not to "require" assistance from the copyright holder.

      Nope. Even a breakable encryption still requires the application of a process to gain access to the work. Also, the question is whether it requires this application "in the ordinary course of its operation." Once it is cracked it is no longer acting in the ordinary course of its operation.

      Now, "with the authority of the copyright holder". That is plainly incorrect. The technological measure can only tell if you have the right key, not that you have the authority of the copyright holder to use it.

      Once again you're mixing up the plain language here. "with the authoririty of the copyright holder" tells you where the process or treatment ordinarily comes from.

      IANAL, but I am a picky, pedantic, bloody-minded and argumentative computer programmer (is there any other kind? ;)

      In order to understand legal documents you have to stop thinking like a programmer and start thinking like a lawyer. The difference is subtle, but it's most certainly there.

      If you think any lawyer could shoot holes in these arguments you're probably right. But equally, a good lawyer could make them stand up.

      No lawyer would make the arguments you're making because s/he would fear being found in contempt and/or disbarred.

      There is ambiguity.

      If this were a programming language perhaps, but humans are able to throw out obviously ridiculous interpretations of legal documents. It's one of the things that seperates lawyers from programmers.

    14. Re:Just goes to show... by Rogerborg · · Score: 2

      In other words: YANAL, just another Angry Young Guy spouting off. Thanks for your irrelevant opinion.

      --
      If you were blocking sigs, you wouldn't have to read this.
    15. Re:Just goes to show... by anthony_dipierro · · Score: 2

      Sorry, but no matter how much lawyers will try to convince you otherwise, the fact that I haven't taken the bar exam has no bearing on the relevance of my opinions.

  19. The "analogue"-ish way by djkitsch · · Score: 5, Insightful

    What about the visual equivalent of plugging an analogue cable into the headphone socket - take screenshots of each page and then save as JPEGs? The only surefire way of preventing e-book piracy is to prevent people from reading the things in the first place.

    --
    sig:- (wit >= sarcasm)
    1. Re:The "analogue"-ish way by shepd · · Score: 2, Insightful

      >What about the visual equivalent of plugging an analogue cable into the headphone socket - take screenshots of each page and then save as JPEGs?

      Why not go all the way and change the font to be a barcode? It would be simple to re-encode it non-encrypted after that...

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    2. Re:The "analogue"-ish way by kaxman · · Score: 3, Insightful

      Yeah, that's just more irritating. Similar to having to scan and then OCR all the pages of a book to make a digital copy of it. Its annoying, but people still do it. And more importantly, it must be realized that only a single person has to do it.

      --
      Everyone on slashdot has a journal.
    3. Re:The "analogue"-ish way by dh003i · · Score: 2

      Yep, you're right. Better yet, after screenshotting JPGEGs, they can feed those JPEGs into a OCR program, which will put the adobe document in OpenOffice format. Much more convenient than JPEGs.

    4. Re:The "analogue"-ish way by danamania · · Score: 5, Funny

      You can't do that. I've patented the take-a-screenshot-of-the-screen-ebook-piracy method I've also patented copying-ebooks-by-recording-s-video-out-onto-analo gue videotape and copying-ebooks-by-using-a-pencil-and-paper-and-wri ting-quickly

    5. Re:The "analogue"-ish way by xenode · · Score: 4, Funny

      I've-already-patented-the-excessive-use-of-hyphens

      You'll-be-hearing-from-my-lawyer.

    6. Re:The "analogue"-ish way by Anonymous Coward · · Score: 0

      And before you ask, I've patented the copying-ebooks-by-using-a-pencil-and-writing-slowl y.

    7. Re:The "analogue"-ish way by cryptor3 · · Score: 2
      You mean like was described in this article about the Microsoft E-Book Reader?

      By the way, if you're reading all text, you'll want to use PNG for maximum image quality at an affordable size.

    8. Re:The "analogue"-ish way by djkitsch · · Score: 2

      Yup, exactly like that. Thanks, I knew I'd read a similar story recently! Didn't mention the OCR thing presicely because someone here said they'd tried it and it was too unreliable.

      --
      sig:- (wit >= sarcasm)
    9. Re:The "analogue"-ish way by Anonymous Coward · · Score: 0

      The final idea IS to prevent people from reading. The implementation will likely involve 451 local Fire Dept. officers.

    10. Re:The "analogue"-ish way by Loki_1929 · · Score: 2

      " I've-already-patented-the-excessive-use-of-hyphens

      You'll-be-hearing-from-my-lawyer."


      I already have patents on patents and lawsuits. So when your lawyer is done with him, kindly send him to me to discuss how much you will pay me for infringing on my patents.

      (P.S. My name is Trademarked, so good luck figuring out how to write the check. Try making it out to cash... if you feel you can trust me ;) )

      -Loki(tm)

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    11. Re:The "analogue"-ish way by amokk · · Score: 1

      *There*...
      You just ruined the joke.

      --
      I think, therefore I am an Atheist.
  20. Too bad by confusion · · Score: 1

    It's too bad damages aren't factored in as part of determining whether a DMCA suit is valid. Not that they wouldn't come up with something...

    You know, any time you distribute a STATIC form of any kind of media, such that everyone has the same file, no matter what kind of copy protection or DRM you apply, circumventing it by the masses will be trivial. DVDs, CDs, ebooks, whatever. That should be called Jerry's postulate.

    Jerry

    1. Re:Too bad by Anonymous Coward · · Score: 0

      That should be called Jerry's postulate.

      Nice try, but I say it should be called Jerry's prostate.

      Anything non-STATIC is of questionable value as a means of recording information. Well, unless you turn to rolling codes and variable self-encryption etc (similar to some car alarms, for example - hacking it once isn't enough). But, that's a PIA (needs hardware keys or 'net verification from the vendor or something), so is also of limited value.

      Richard.

  21. "copyright holders" by raygundan · · Score: 5, Informative

    It is kinda confusing if you read it quick, but they meant that it gives copyright holders (like Disney, or whoever) more rights. Not end users. As in "more rights to screw you."

  22. Power of American people by Anonymous Coward · · Score: 2, Interesting

    Is it just geeks that don't like the DMCA?

    The reason I ask is it seems a like a silly law made by corporations for corporations and is only used for stupid things like this...

    So if it is a bad law that 99.99999% of the American population hates (100% if it weren't for the executives behind it), why does it exist? How can it exist?

    I've never understood how a "free" country can have laws like this, unless a lot of people agree with them.

    1. Re:Power of American people by Anonymous Coward · · Score: 3, Insightful

      Many people are ignorant or simply don't care until they see a direct effect on their own life. Add in the fact that a tiny minority actually makes the laws, and you get laws that sometimes don't make sense or that are unpopular. It is a price we pay for using a representative form of government.

      Of course, you still have the Supreme Court who are there to make sure the laws don't break the bigger laws (like freedom of speech). That can help balance things out.

    2. Re:Power of American people by mosch · · Score: 2
      The fact of the matter is that more Americans voted for the American Idol than voted in the 2002 election. Scary, but true.

    3. Re:Power of American people by Anonymous Coward · · Score: 0

      That is why everyone should elect me, Anonymous Coward, as their SUPREME OVERLORD!

    4. Re:Power of American people by Anonymous Coward · · Score: 0

      How do you know that 99.99999% of the American population hates the DMCA? Did you take a poll? If you're going to exclude kids, then you probably have at least 150,000,000 people. So that is 0.000001% of 150,000,000 which is 1500 people. So you think only 1500 people like this law? I highly doubt it. If you know anything about statistics and polling people's opinions, you fail on 2 instances. Firstly, the /. population hardly resembles the rest of the USA, so you can't use it has a reference to the resot of the USA's thoughts and beliefs. Secondly, you'd have to have a pretty good "handle" on your data to have that piss poor of confidence on your data where you can say that 1500 is an accurate representation of 150,000,000.

      Dumb fuck.

    5. Re:Power of American people by anthony_dipierro · · Score: 4, Insightful

      All depends whether or not you've been exposed to the Slashdot/EFF propaganda or the CBS/Disney propaganda. If you ask the average Joe if they think cracking tools should be illegal, they're probably going to tell you yes, they should. If you phrase it a little differently, and ask them if they should be allowed to listen to their CDs in their car, then they're going to answer differently.

      Now if you're an honest politician, you're going to try to make a law which makes cracking tools illegal but still allows people to listen to their music in any place at any time they want. But it's in that nitty gritty lawyer stuff that the corporations have the most power.

      Finally, look at it from the perspective of the average person. Most of us aren't selling or using software cracks, whether for legitimate or illegitimate purposes. And even those of us who only use cracks, and don't sell them, in reality there's about 0.000000% chance we're going to get caught.

    6. Re:Power of American people by sbaker · · Score: 2

      Possibly because voting in American Idol actually makes a difference.

      With virtually all US politicians being bankrolled by big business - in
      the case of laws like DMCA, it make zero difference who you vote for.

      --
      www.sjbaker.org
    7. Re:Power of American people by octalgirl · · Score: 1

      "Many people are ignorant or simply don't care until they see a direct effect on their own life. "

      How true. But in the recent fiasco at Fatwallet.com vs Walmart,et al, I think the public finally got a little taste. At least a google news search shows that the story hit many newspapers, not just tech ones. Yes Fatwallet had to get lawyers involved, but I think the many emails sent to the various companies had a strong hand in it too. I know emailed every company involved to let them know I disagreed with their use of the DMCA and I would not be shopping there this holiday season. It seems that finally (hopefully) when the 'little guy' is getting pushed around by this, they are not so little anymore.

  23. Re:Books suck by Anonymous Coward · · Score: 0

    People who read books tend to be stuck up and think that they are really smart. People who watch movies tend to be more down to earth and cooler to hang out with because they have social skills and stuff

  24. Indeed... by RyanFenton · · Score: 5, Funny

    Especially if their excuses were:

    We just needed it for research! It's just for personal use! We have a right to privacy with our own files! We deleted it within 24 hours - so it's legal! It didn't hurt anyone - we weren't going to be buying the book anyway! Mentioning them in our lawsuit is like free advertising! Potentially infringing material wants to be free! ;^)

    Ryan Fenton

  25. WTF? by be-fan · · Score: 5, Insightful

    So let me get this straight. I can go buy a gun, with little or no background checking, and have the potential to kill dozens of children, and it isn't illegal. Or, I could make a program that could theoretically be used to pirate some stupid ebooks, and that's illegal. Wow. That's such a fucked up set of priorities my head hurts. I'm going to go drown myself now...oh fuck! That's illegal too!

    --
    A deep unwavering belief is a sure sign you're missing something...
    1. Re:WTF? by Anonymous Coward · · Score: 0

      Pft. I can kill dozens of children with my barehands

    2. Re:WTF? by Anonymous Coward · · Score: 1, Informative

      Sounds like you need to watch this movie. Remember -- gun violence is due to race-mixing (ask Charlton Heston!)

    3. Re:WTF? by Scott+Wood · · Score: 2
      You have officially Missed The Point Entirely. When, exactly, was it established that the only use of the software in question is to "steal from a company"? That's no more true than saying that the only use of a gun is to commit murder.

      That Adobe was unable to find evidence that it was actually being used for copyright infringement casts quite a bit of doubt on the notion that that's even the software's primary purpose.

    4. Re:WTF? by Anonymous Coward · · Score: 0

      >ving a program used to steal a companies intellectual property is, uh, stealing.

      Oh oh, not this argument again.

      Stealing isn't pirating. We've been over this about 1e6 times on slashdot, and we've even had AC lawyers agree, although somewhat less than wholeheartedly.

      Piracy is copyright violation. Copyright violation is copyright violation. It isn't stealing. No property/rights/provable monies lost == no stealing involved.

      >I think the contrast between having a gun that has uses other then killing someone, and having a program that's only use is to steal from a company is quite clear.

      Not when the english language is abused to let priating mean stealing. If that's going to be true, than murder is nothing more than stealing someone's life.

    5. Re:WTF? by dh003i · · Score: 2

      Elcomsoft's software has many other uses aside from as a tool to assist in the pirating e-books.

      However, what other purpose does an AK-47 or an Uzi serve than to kill people?

    6. Re:WTF? by ejdmoo · · Score: 1

      Heard of fair use? Maybe after legitimatly purchasing a book you might want to put it on your PDA that doesn't support Adobe's format, so you port it to plain text. Is *that* stealing?

    7. Re:WTF? by shepd · · Score: 1

      >However, what other purpose does an AK-47 or an Uzi serve than to kill people?

      Opening beers and turning on the TV, of course!

      [Let's not forget protecting yourself by making everyone's life horrible through the striking of the fear of God into them, wether or not they're actually guilty! Woohoo!]

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    8. Re:WTF? by /dev/trash · · Score: 2

      You must not live in the US. We have quite the background check system here. It even stopped a 54 year old man from getting a gun, because he was convicted of stealing 2 dollars worth of beer when he was 20. Not that he served time for that offense, either.

    9. Re:WTF? by be-fan · · Score: 2

      This is actually more important than you'd think. Most current PDAs just don't handle PDF fast enough. Converting it to text is very useful.

      --
      A deep unwavering belief is a sure sign you're missing something...
    10. Re:WTF? by dfranks · · Score: 1

      About as sensible as Australian (state of Victoria, anyway) law. When I lived there a few years ago, suicide was legal but bungee jumping was illegal. How much sense does that make? I can only jump if I don't attach the safety harness.

    11. Re:WTF? by Anonymous Coward · · Score: 0

      Elcomsoft's software has many other uses aside from as a tool to assist in the pirating e-books.

      That's like saying that anthrax has uses other than as a biological weapon, or that lock-picking tools have uses other than picking locks. You're technically correct, but what you're saying is so out of proportion as to be quite laughable.

    12. Re:WTF? by Dun+Malg · · Score: 2

      I can go buy a gun... and have the potential to kill dozens of chidren, and it isn't illegal.

      Yes, birdbrain, and you can also buy a car and have potential to kill dozens of children, buy a bottle of rat poison and have the potential to kill dozens of children, and buy a swimming pool and have the potential to kill dozens of children. You see, we are ALL "potential" murderers; morality/ethics and resposibility are what keep most people from committing crimes, not laws. Laws are there to punish/segregate those who behave immorally/unethically and/or irresponsibly. You cannot legislate good behavior; you can only punish bad behavior.

      And as far as the background check goes, we do have those in the US, and they are quite extensive.

      --
      If a job's not worth doing, it's not worth doing right.
    13. Re:WTF? by Alsee · · Score: 3, Funny

      suicide was legal but bungee jumping was illegal. I can only jump if I don't attach the safety harness.

      [Defense lawyer opening statement]
      Ladies and Gentlemen of the jury, at the time of this alleged 'crime' the defendant believed he had successfully disconnected his safety harness...

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    14. Re:WTF? by GimmeFuel · · Score: 1

      Nah, the prosecuting attorney would ask why he had the harness in the first place. A better defense would be saying he wanted to hang himself but all he could find was bungee rope, and while falling the rope mysteriously slipped off his neck and got tangled in his belt loops.

    15. Re:WTF? by be-fan · · Score: 2

      Which is my point. Buying a gun isn't illegal (and shouldn't be, for reasons of freedom) just because it could potentially be used to commit a crime. The same should go for software!

      --
      A deep unwavering belief is a sure sign you're missing something...
    16. Re:WTF? by Anonymous Coward · · Score: 1, Insightful

      The software can, and is mostly used to copy the books for personal use. For example for viewing them on a pda. Anthrax is used most the time for research, perhaps not weapons grade anthrax but thats another story entirely. I will, however, admit that lockpicks are generally used for picking locks. But usually by locksmiths in a fully legal capacity. If someone is planning to break into some place to steal something, they wouldn't have any problem breaking a windows or the lock and wouldn't waste the time picking it.

    17. Re:WTF? by SiliconEntity · · Score: 2

      I can go buy a gun, with little or no background checking, and have the potential to kill dozens of children, and it isn't illegal. Or, I could make a program that could theoretically be used to pirate some stupid ebooks, and that's illegal.

      The difference is that the gun is not primarily intended to kill dozens of children. Software that is illegal under the DMCA must be primarily intended to circumvent copyright protection technology.

      So there's not really an inconsistency here. Guns which are primarily intended to commit acts that would be illegal for civilians, like certain military weapons, are in fact illegal. And software which only has the incidental potential for circumventing copyright protection, for example binary editors, is legal. In each case the question is whether the primary purpose of the product is for breaking the law.

    18. Re:WTF? by isorox · · Score: 2

      Obviously Elcomsoft's software is not primarily used to illegally distribute ebooks - well its not been proven (and boy did they try) anyway, and last I checked the burden of proof was on the side of the prosecutor.

    19. Re:WTF? by cryptor3 · · Score: 1

      I use my magnum to scratch my Magnum.

    20. Re:WTF? by anthony_dipierro · · Score: 2

      well its not been proven (and boy did they try) anyway, and last I checked the burden of proof was on the side of the prosecutor.

      That would probably explain why the case hasn't been decided yet.

    21. Re:WTF? by isorox · · Score: 2

      /me waits while the pro-gun lobby come out in force :)

    22. Re:WTF? by inerte · · Score: 1

      Actually:

      You can buy a gun to protect yourself! Isn't law wonderful? God, I love politicians.

    23. Re:WTF? by be-fan · · Score: 2

      What's the purpose of handguns other than to kill people? Do you go hunting with your handguns?

      --
      A deep unwavering belief is a sure sign you're missing something...
    24. Re:WTF? by zbuffered · · Score: 1

      I use my AR-15 to keep that damn King of England off my back.

      --
      Synergy is your friend
    25. Re:WTF? by shaitand · · Score: 3, Interesting

      Software with the primary purpose of circumventing copyright technology is only intended to break the law as defined by the DMCA. Note it's circumventing copyright technology they make illegal, not circumventing for the purpose of violating copyright law... just circumventing the copy protection software period.

    26. Re:WTF? by Anonymous Coward · · Score: 1, Insightful

      Unlike a car, rat poison, or a swimming pool a weapon is specifically designed to kill people - this is why I prefer to live in a country where guns are not generally owned by the public.

    27. Re:WTF? by nrjyzerbuny · · Score: 1

      Yes. Centerfire deerhunting season only specifies that the firearm fires centerfire ammunition. .357 with iron sights. Far more sporting that some chump with a scoped 30.06, though that takes skill too.

      Handguns and rifles are also fun to shoot for target practice.

    28. Re:WTF? by isorox · · Score: 2

      I'm going to go drown myself now...oh fuck! That's illegal too!

      Thats right, if you manage it, you get the death penalty

    29. Re:WTF? by Anonymous Coward · · Score: 0

      and buy a swimming pool and have the potential to kill dozens of children.

      In other news, police arrested a man downtown this afternoon after he threatened several bystanders, some children, with a swimming pool.

      A passing motorist called police, who responded to the 8000 block of 134th street, where the suspect was seen brandishing 120 tons of water and concrete in a threatening manner. He was disarmed with the help of several tow trucks and a helicopter, and then taken into custody without incident, police said Tuesday.

      In sports...

    30. Re:WTF? by joto · · Score: 2
      Unlike a car, rat poison, or a swimming pool a weapon is specifically designed to kill people - this is why I prefer to live in a country where guns are not generally owned by the public.

      Well, I wouldn't say there is to much difference between rat poison and a gun. They are both intended to kill. And there are lots of guns intended to kill animals instead of humans, and I do not feel that they are any less dangerous...

    31. Re:WTF? by elvum · · Score: 2

      Buying a gun isn't illegal (and shouldn't be, for reasons of freedom) just because it could potentially be used to commit a crime.

      The same should go for atom bombs! And anthrax!

    32. Re:WTF? by Anonymous Coward · · Score: 0

      FUD. The law in the US *requires* background checking.

      It's only cases where apparently the law was violated (i.e. the failure of the D.C. sniper to be denied a weapon by that licensed Seattle gun dealer who apparently lacked sales documentation on a number of weapons, again in violation of the law) *OR* your personal political agenda that leads you to believe otherwise.

      Get the facts!

    33. Re:WTF? by dh003i · · Score: 2

      LOL, yea I agree. We should have the right to self-defense, not to bear arms. Self-defense would mean a glock with 10 rounds in it: if 10 rounds isn't enough to defend yourself, you're fucking anyways.

    34. Re:WTF? by Reziac · · Score: 2

      Side note: there used to be (and may still be) laws against suicide. Obviously if you succeeded the point was moot, but unsuccessful attempts got you thrown in jail! Makes great sense, eh? :/

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    35. Re:WTF? by Idarubicin · · Score: 5, Insightful
      Having a gun doesn't mean that you are going to kill someone.

      Having a program used to steal a companies intellectual property is, uh, stealing. I think the contrast between having a gun that has uses other then killing someone, and having a program that's only use is to steal from a company is quite clear.

      First of all, you're changing arguments. I could just throw back, "Having an e-book reader doesn't mean that you're going to infringe Adobe's copyrights." Are those blind people who use this type of software so they can feed unencrypted text to their Braille readers thieves? Ahem. Fair use applies.

      Further. A gun is a tool which may be used to kill other human beings. (Many are designed expressly for this purpose.) This is a serious criminal offense--possibly the most serious.

      An e-book reader is a tool which may be used to infringe copyright, going beyond the bounds of fair use. (Some software is probably designed for this purpose.) This is a civil offense (DMCA nonsense aside.)

      As a society acting through our legislative representatives, we may choose to ban one tool, or both, or neither. Which represents the greater potential harm? Which should be our legislative priority?

      Incidental aside: there is an important legal distinction between theft and copyright infringement. It is only through oversimplification to the point of error that the two are equated. Similarly, theft, burglary, and robbery are all legally distinct. Don't get me started on the abuse of the word piracy, which properly involves certain crimes on the high seas. One of the things that makes it difficult to have a calm, rational discussion about intellectual property rights is the frequent, reckless use of emotionally loaded--and inaccurate--terms by zealots on both sides.

      --
      ~Idarubicin
    36. Re:WTF? by roman_mir · · Score: 2

      Having a gun does not mean you are going to kill, but it means that you thought of such a possibility. There is no other use for a gun except killing or at least hurting a person or an animal. You can also use a gun to make holes in walls but why don't you just use a drill?

      Having a program does not mean you are going to steal files. It means that you thought of such a possibility. There are actually other uses for this program except for 'stealing' eBooks. If you own an eBook you can use this program to copy the file into a different file format thus allowing YOU to use YOUR copy of text that you PAID FOR to use it with a different media type.

      I can see much more legal uses for this program than legal uses for any type of weaponry.
      Think I am wrong? Justify.

    37. Re:WTF? by Anonymous Coward · · Score: 0

      There is no other use for a gun except killing or at least hurting a person or an animal.
      Pistol shooting is an olympic sport. I don't think they shoot people or animals.

    38. Re:WTF? by Anonymous Coward · · Score: 0

      I will, however, admit that lockpicks are generally used for picking locks. But usually by locksmiths in a fully legal capacity.

      I don't know about where you live, but in my jurisdiction, locksmiths have to be licensed in order to be able to buy lock-picking tools. So I think this software should be available for sale, but only to licensed professionals. That should make everybody happy, right?

      Oh, and it should be illegal to release the source code of this software; that would be a DMCA violation. And if we violate our own laws, the terrorists win.

    39. Re:WTF? by balloonpup · · Score: 1

      # begin poor attempt at humour

      Are you kidding? A swimming pool (of the in-ground variety) is perfect for killing people. You just have to drop one on someone to see. Indeed, they're quite large and heavy, and the killing involves a nice splat-crunch noise, always extra fun!

      # end poor attempt at humor

      --
      I sing the doggie electric!
    40. Re:WTF? by DavidTC · · Score: 1
      What, professionally licensed readers-of-their-own-ebooks-on-pdas?

      That's certainly an interesting profession to be in.

      And while very few places have a law that you have to be licenced to purchase lock-picks, you do not usually have to have a license to own them. A fine but interesting distinction, but important, because it's not that hard to make your own.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    41. Re:WTF? by DavidTC · · Score: 1
      Well, that's why you don't do it in front of witnesses.

      Then you have the word of both the attempted murderer and the victim that it was an accident, and no opposing accounts.

      In any other crime, that would make it pretty hard to convict someone.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    42. Re:WTF? by Kashif+Shaikh · · Score: 2

      So let me get this straight. I can go buy a gun, with little or no background checking, and have the potential to kill dozens of children, and it isn't illegal. Or, I could make a program that could theoretically be used to pirate some stupid ebooks, and that's illegal.

      Sadly there is a difference. Morality.

      Companies don't give a shit about a dozen or a 100 humans dead -- as long as it doesn't affect their public image(i.e. Airline companies hate it when one of their plane goes down and many people die due to some technical glitch, as people would be afraid to use that airline).

      But companies do everything in their damn power to make sure some 3l33t hax0r doesn't circumvent their unique patented encryption scheme where they spent "millions of dollars" to make a billion++ dollars.

      Yes these companies are humans, but when it comes down to it, money is everything to filthy rich shareholders. From selling ivory tusks to killing the King to become the new King as Macbeth did...power and wealth are very powerful forces that transcend morality if not stopped.

    43. Re:WTF? by tumbaumba · · Score: 1

      Handguns and rifles are also fun to shoot for target practice.

      Rocket launchers are also fun to shoot.
      You just have to stop somewhere, like for example do not permit sale of anything which serves primarily killing live creatures unless you prove yourself to be a hunter.

    44. Re:WTF? by Anonymous Coward · · Score: 0

      What, professionally licensed readers-of-their-own-ebooks-on-pdas?

      What part of "you are not allowed" do you not understand? Shit, if I didn't know better, I'd swear that your average Slashdotter never made it through kindergarten.

    45. Re:WTF? by DavidTC · · Score: 1
      Everyone read the post I was replying to and see if the AC isn't so fucking insane it's not funny.

      You said AND I QUOTE, 'So I think this software should be available for sale, but only to licensed professionals.'.

      Please, explain to me exactly what 'professionals' you're talking about, because the major use of this software is to read legally purchased ebooks in another format. There is no 'professional' reason to decrypt ebooks, there are no Professional Ebook Decryptors walking around setting up shop. (And if there were, why the hell would that make it legal, but that's another issue.)

      You just decided to go with some dumb lockpick analogy (where you don't understand the laws anyway, because possession of lockpicking tools is pretty much legal anywhere in the US) and decided to only have 'professionals' be able to own this software, without realizing there is no such profession.

      And I'm rather baffled because the phrase 'you are not allowed' doesn't show up in your post. Hell, the word 'allow' doesn't show up in any form.

      So, basically, you're either a moron or a troll. Prove you are a troll by not responding, please.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  26. Where did the 100,000 figure come from? by core+plexus · · Score: 3, Informative

    I read the story, and I didn't see any 100,000 figure. I also didn't read the method used to obtain this "100,000".

    1. Re:Where did the 100,000 figure come from? by Anonymous Coward · · Score: 0

      Yeah, it was very nice of dJCL to pump up the story for us.

      calamari

      (I'd log in, but it makes /. too slow)

    2. Re:Where did the 100,000 figure come from? by chip_s_ahoy · · Score: 1

      Articles. Plural. Black Mask article. First paragraph.

    3. Re:Where did the 100,000 figure come from? by core+plexus · · Score: 1

      I read that, too, and it just points back to the Reuters article. In fact, I would not call the blurb on black mask an article at all. A rumor and a link, perhaps. Thanks for trying, though.

    4. Re:Where did the 100,000 figure come from? by dmoynihan · · Score: 2

      Hmm, it's a number I've heard. The weekly booklist.csv file has around 18,000 titles listed, though it includes some PG works, and groups entire series as one line (for a sci-fi series, that can be quite a few titles).

      However, booklist.csv is by no means complete, containing 0 technical works, for example (which are the most significant pirated books, from a revenue standpoint, and look to be damn numerous... then there's that .rpg group.)

      Booklist.csv also doesn't categorize sites like this one...

    5. Re:Where did the 100,000 figure come from? by core+plexus · · Score: 2, Interesting
      I've seen great battles fought thousands of light-years from my house, centuries into the future. If I relied only on my visual input alone, then I might believe it. Instead, I am a skeptic, and know that it is not real. I also know rabbits cannot speak English nor drive cars.

      The headline posted to /. read "...Adobe investigators have found not a single e-book that was decrypted by Elcomsoft's Advanced e-Book Processor, even despite the months of intensive searching of around 100,000 pirated e-books that they could find(i.e. something else was used to crack them)". Yet, nowhere in the article did it state anything to the effect of the headline.

      What the article states is "Adobe Systems has not been able to find proof that anyone made illegal copies of electronic books using software that could sidestep copyright safeguards in the company's eBook software, an Adobe engineer has testified." That is quite a departure from the 'blurb'. In fact, the article to which the blurb was referenced does not state how many searches were executed.

      Perhaps this is the source of the "100,000": "In testimony in U.S. federal court, Daryl Spano, who formerly worked on Adobe's anti-piracy team, said the software company gets hundreds of tips on alleged piracy daily and could not follow up on all of them."

      Oops. If they can't even follow up on "hundreds of tips daily", then how did they cover 100,000? If they did ten tips per day, every day, they'd have 27 years to get the data. Have people been pirating Adobe software for 27 years? Or can Adobe engineers (or "investigators") see future crimes now? Even at 100 tips per day its a three year chug, and I dare say imagining Adobe getting 100 or even 10 search warrents per day, every day for years is highly unlikely.

    6. Re:Where did the 100,000 figure come from? by inerte · · Score: 1

      I also didn't read the method used to obtain this "100,000".

      You didn't extended the Slashdot class.

  27. EBOOK FACTS by Anonymous Coward · · Score: 5, Insightful

    Without the crack:

    Braille readers cannot read the work. Since they are essentially fancy serial devices, you could fake a driver and have the work printed to a file if they did.

    Students, cannot cut and past a graph or text from them. They cannot resell the book when they are done with it, They cannot even give it a way. Why, because they tie themselves to one and only one computer.

    Three years from now when the the ebook is out of print and your computer dies, that is the end of the book.

    If you buy an ebook today, and your computer crashes or you buy a new one that is the end of the ebook unless you want to spend an hour on a phone trying to prove what happened.

    A few types of ebooks are more liberal today, but at the time this software was made most every ebook were locked down to an insane extreme.

    So there are several apparently legal uses for this software, some of which do not even involve the act of copying the work.

    Finally, I noticed the Prosecutor called the software burglar tools. Well last I checked even they are legal to make and sell. They are illegal to possess if you are not a lock smith. So even that analogy is flawed.

    1. Re:EBOOK FACTS by MacAndrew · · Score: 2

      You give a lot of good reasons -- that people shouldn't buy e-books. Not reasons that they should break the law to get the terms they wanted in the first place.

      The analogy to burglar tools is off, as you note, but it's right in the sense of identifying the cracking tools as something with legitimate and illegitimate uses. It seems likely that they will be trying the Betamax defense, the key case for this sort of thing.

    2. Re:EBOOK FACTS by shaitand · · Score: 3, Insightful

      The list he gave were things called "fair use" and they are the rights of every citizen by law a hell of alot older and more established than the DMCA.

    3. Re:EBOOK FACTS by MacAndrew · · Score: 3, Interesting

      I agreed with his reasosn, but added that nothing in fair use here authorizes breaking the law. There is no priority given a "more established" (older?) law. Fair use is merely an exemption from copyright law.

      Stealing is not civil disobedience, and violates plain old copyright law anyway. If you don't like the product don't buy it, there is no more powerful message to a capitalist. I'm perplexed why some people justify not doing that -- nothing would send a clearer message to the companies or bring change faster.

      Again, his reasons are all good ones; I personally agree. I don't like the DMCA, and for that matter I don't like the Sonny Bono Copyright Extension Act. But there's no reason for breaking these selfish laws but selfishness, a desire to have the product and boycott it, too.

      Books are available in other and, IMHO, superior forms. Our local library has even started offering free online access to eBooks.

      I'm not trying to be contentious, just arguing for the moral high ground.

    4. Re:EBOOK FACTS by arkanes · · Score: 3, Insightful
      It's not illegal to do any of the things he mentioned, DMCA or no. It's only illegal (pay attention, this is the important part) to provide anyone else with tools or information that will allow them to do so!

      There are provisions in the DMCA for "signifigant non-infringing use", but in the past that's never been recognized (IIRC, the 2600 people were barred from even bringing it as a defense)

      It's crafting law via the backdoor - kinda like the federal speed limit. There never was any such thing, because the fed doesn't have the authority to make one - but they can end run around that and use de facto authority (highway funding) to push one. Similiarly, they can't outright remove your fair use rights(well, I suppose they could, but it's alot harder politcally speaking), but they can and will attempt to prevent you from ever gaining the knowledge needed to exercise those rights.

      As for not buying it if you don't approve of the restrictions.. in more and more areas, especially entertainment, that just isn't working anymore. Your other options are limited, and, in some cases, simply don't exist. The media cartels are able to spin any boycott off as the effects of piracy (note the RIAA and CD sales), so your personal boycott has exactly the opposite effect of what you wanted - it's leverage for the company to push legislation.

      In this circumstance the only effective path is to demand your fair use rights from the companies providing you with content, using third party tools if neccesary. You aren't breaking the law here - you're defending your right to free access to information from people who would sell it to you.

    5. Re:EBOOK FACTS by Phroggy · · Score: 2

      Finally, I noticed the Prosecutor called the software burglar tools. Well last I checked even they are legal to make and sell. They are illegal to possess if you are not a lock smith. So even that analogy is flawed.

      Somebody needs to bring this up in court! In the DeCSS case, the MPAA's lawyers compared DeCSS to a "digital crowbar" that could be used to break into people's houses and commit crimes. Guess what? I have a crowbar in my garage! I could go down to Home Depot and buy crowbars in a variety of sizes! This is the United States of America; nobody's gonna tell me I can't buy a crowbar. But the electronic equivalent should be illegal? What's up with that?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    6. Re:EBOOK FACTS by MacAndrew · · Score: 3, Interesting

      The thing is the DMCA did curtail "fair use," by the back door as you say. It was just a sacrifice the industry was willing to make. :)

      It's only illegal (pay attention, this is the important part) to provide anyone else with tools or information that will allow them to do so!

      I'm not so sure even self-help, which would work for few of us anyway, is permitted. The weird thing about the DMCA is that whereas it specifically disavows any curtailment of fair use, it also fails to provide adequate exceptions to the anti-circumvention measures. See this FAQ. It could be said this is a back door attack, or more likely sloppy legislative drafting. That's what I would argue to a court, and I'm sure has been, that Congress goofed and it's clear intent to preserve fair use should override its implicit repeal in the anti-circumvention section. That's a tough argument though, and would leave the court in the position of creating new language for the anti-circumvention checklist. They're going to leave that to Congress, I think, and anyway the courts should not be in the lawmaking business so broadly.

      Fair use is mostly not a constitutional question. The problems would come, IMHO, when it runs up against the First Amendment, and that would about to near evisceration of fair use, itself a mere statute.

      You are incorrrect there was no federal speed limit. There was, enforced via the Spending Clause. Yes, there is no Speeding Clause (who would have anticipated one, and it would have been thought a state matter anyway), but this exercise of power is valid. Believe me, a wide spectrum of laws are rooted in this power, it's nothing novel.

      More to the point, the federal gov't was up front about what it was doing. Yes, people debated endlessly whether this was appropriate policy. I imagine it was challenged constitutionally. Note that the rule was defeated politically.

      The rest is just policy. And the game's not over becuase (1) the courts have not finished deciding what all those clauses in the DMCA mean (e.g., "showing that the prohibition has a substantial adverse effect on noninfringing uses of a particular class of works") -- which in the 2600 case was kind of untenable, IMHO ... that's opinion!); (2) Congress is aware that people are upset by the incursion into fair use. Re the partricularly draconian CBPTPA (rolls off the tongue, doesn't it?) see here.

      I'm not trying to contradict you in every way I can -- you are right in law and principle in general -- rather this is an area of law that interests me. From my inexpert opinion, the EFF has some good evenhanded orientation materials on the content, litigation, and public opinion fight of these different initiatives.

      Finally, boycott is possible and perhaps morally compelled. For example, a LOT of people are used to the idea of ripping their own music CD's, and will go WTF when they realize that's gone. Civil disobedience is a possible, too, but I think too many people are simply stealing for their own convenience. Those who commit civil disobedience must be prepared to go to jail for it. Is fair use a good enough reason for a felony conviction? Between CD and lobbying Congress, the latter is the better choice for me. I mean, this is so far about entertainment and only one form of it.

      Again, I'm not sure evn your own cracking is OK, and even if it is almost none of us will have access to the tools. I really wouldn't want to ask others to break the law and risk serious legal trouble to help me, even if they're willing. That's probably their civil disobedience choice to make, unless they're profiting, in which case they're mostly garden-variety criminals.

      The LoC survey deadline comes up in a few days, there's a place to start.

    7. Re:EBOOK FACTS by arkanes · · Score: 2
      Cracking for your own use, to exercise your own fair use rights, falls squarely under the fair use exemptions of the DMCA. It's the providing of the tools and information (contributory copyright infringment) that gets pulled out the most, because the deck is stacked against you when you're any sort of "hacker". Cracking in order to distribute is, of course, illegal. The people who are disobeying here are the ones providing the tools - but by using those tools, even if people are forced to provide them anonymously, and spreading word of mouth about those tools, you raise a groundswell of people who have an interest in this issue.

      As for the federal speed limit - there never was such a thing, in technical terms. It was, as you say, enforced by the spending clause - an exercise of de facto power rather than de jure power. I'm sure it was challenged constitutionally, but the SC back then was alot more nitpicky about exact wordings. I'm aware that theres lots of laws rooted in this power and that it's not novel, but none the less it IS an (arguably) unconstitutional extension of federal power at the expense of states rights. That said, I'm not a states rights freak, and the states rights stuff was put in the Constitution mainly in order to get a bunch of very individualistic states to sign up, and it's not such a big deal anymore.

      At this point, I'd almost rather have the courts make law. Congress likes to pass stuff that clearly fails to pass muster for political reasons, and the courts get stuck cleaning it up anyway. I suspect that the courts will rule that, as with copyright extensions, that since fair use isn't enshrined explicitly in the constitution, that Congress has the authority to make it as broad or as narrow as they like. Since Congress is more or less totally unresponsive to voters these days (since it's easy enough to buy enough votes to get elected, you don't need to actually convince anyone), that pretty much ensures that we'll just get more and more laws supporting corporations at the expense of the public interest.

    8. Re:EBOOK FACTS by MacAndrew · · Score: 1

      I'm afraid you're not right on the law. You can argue the law should be different, but that doesn't change what the law is.

      The availability of a DMCA exemption for DIY cracking is ambiguous, and I'm taking the word of sources who know better than I do. As I noted, one part vaguely says fair use is unchanged and the other specifically says cracking is not permitted except for narrow exceptions, none of which sounds like fair use. Just being OK under one provision doesn't allow overlooking the others, and courts prefer the specific over the general. This sort of internal contradiction happens often enough -- statutes are drafted at the last minute in a blizzard of lobbying -- and needs to be fixed; I think it will be, in favor of fair use, and the LoC survey is intended as a safety valve. A random thought experiment: Imagine book publishers "copyprotected" the pages of its books with one of those patterns that shows up on photocopying (like the "VOID" on vertain legal docs) -- would that "violate" fair use? No, though it would interfere with it. Some think of fair use as an exemption from copyright prosecution, others view it as a right (to the limited extent of the First A.'s relevance, it definitely is).

      As for the Spending Clause, I don't understand your distinction -- the law was clearly "de jure" as the term is used -- and I'm sure that would still be good law today. The federal gov't could advance many reasons; it would be a very strong case unless you first roll the law back to the 19th century. Alternatively, you'd be arguing that the fed could place no conditions on the expenditure of highway funds -- even to require they be spent on highways. (That's the reduced-to-the-absurd argument, or if you like Latin reductio ad absurdum.) Congress can withhold the money on any rational ground short of actually mandating a constitutional violation.. A speed limit does not violate constitutional rights, unless maybe they dropped it to 5 MPH. No, I don't know the ideal speed limit.

      A wrinkle, I see here that President Nixon and Congress wrote the provision in back in the 1973 oil crisis -- why is this always attributed to Carter?

      Setting the actual limit is I agree best left to the states; but that debate is political, not constitutional.

      I can understand your political frustration, but it's too soon to trade it for kritarchy (there's a useful word). I've worked for a number of appellate federal judges, and trust me they are merely human. (Some not so human ... someone commented, "Oh Judge X loves babies!" and I quipped, "What? As a snack?" Judge X (not his real name) is a brilliant judge, but I wouldn't trust him alone with my baby, or my laws. Then, there were the judges who were not at all brilliant. I mean 2+2=5 not smart. :) Anyway -- it is best that few questions really do bring the constitution, and judicial philosophizing, into play. It is better to invalidate a law and send it back to the legislature to mull over a bit more.

    9. Re:EBOOK FACTS by arkanes · · Score: 2
      Basic lowdown on the speed limit : The federal government does not have the authority to specify a speed limit, because the constitution does not grant that power (remember, the constitution delinates authority, not limits of authority). Since they can't just pass a law specifying a speed limit, they instead use financial pressure (dispensation of highway funds) to press the states into passing thier own speed limit laws. That's de facto power - they don't have the authority to specify speed limits, but they hold sufficent financial power that they can force it anyway.

      As for fair use - well, I personally believe that it's inherent in the social contract that the Constitution species when it gives Congress the ability to regulate copyright (for the promotion of usefull sciences and the arts). However, the Constitution does not specify any actual limits, so Congress could, as I understand it, decide that the arts are best served by letting Disney maintain total control over all aspects of it's works if it wanted to.

      I don't REALLY want a government run by judges, a Congress that's actually accesible and responsive to the public would be much nicer. I'm just grumpy.

    10. Re:EBOOK FACTS by MacAndrew · · Score: 2

      I think of de jure v. de facto in terms of the desegregation cases. I think you might be thinking enumerated v. unenumerated powers. The Framers did not envision a federal government so wealthy that it would be returning money to the states (this was a long time before the income tax), but I think would acknowledge that Congress could set conditions on the spending, which is an enumerated power. The standardized interstates -- originally promoted on the ground of national security! -- are I think are one of the federal government's better achievements.

      Such conditions must have some nexus with the spending item -- this p[oint is weakly defined IIRC. "Forcing" states to enact laws -- it's not really forcing when the states can forgo the funds, as I think Vermont did for a while to resist the national age 21 drinking -- was central in NY v. U.S., which you can read if you really want to kill some brain cells (good luck figuring out which Justice voted for what, this is one of the worst I ever saw). Here is an informal discussion (and don't forget to sign up for SC Fastasy League contest, I did) -- Congress could at least say that speeding damages road (esp. true for trucks). Anyway, what I meant was I have no idea how they could function without setting conditions. I understand your point, but note that to roll back Congress to the handful of enumerated powers would be a radical change indeed. (Yes, I know, a lot of people would like to do just that ...) I'm arguing vocabulary.

      You might like this article on the "new federalism." Change is in the air, and has been for a while.

      Fair use -- For a hint, watch the current copyright case (Eldred?) for some explication of what the heck the Copyright Clause does mean. I am certain the Court will not disturb the extension of the copyright period (it is quite long, but not irrationally long as a matter of law, esp. considering other countries have similar terms), but I think there are very good questions to ask about the retroactive aspect of it, which is nothing but a gift to the rights holders. The Court is pretty darn conservative, but I'd not be surprised at a 5-4 or 6-3 reversal on the latter point, at least that's my Fantasy League bet. So fear not, Mickey may be ours next year. Er, to the extent permitted by trademark. :) ... thanks for forcing me to look this stuff up, it keeps me awake ...

      I don't REALLY want a government run by judges, a Congress that's actually accesible and responsive to the public would be much nicer. I'm just grumpy.

      Yes, and me too. Grumpy is good, grumpy gets things done.

  28. it's almost impossible by zogger · · Score: 2, Interesting

    --interesting stat I heard on the radio the other day, might answer your last question. The US currently is running around 67 million laws/regulations/edicts/whatevers on the books. It's close to impossible for any one person to know all of them off the top of their head. I would imagine you'd be hard pressed to find anyone who *isn't* guilty of something.

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

    So, let me get this right...

    Adobe has been looking at thousands of illegal e-books... downloading them all... looking to see what program made them...

    Adobe made the e-book reading and writing software, but what gave them the right to download thousands of books that they did not purchase in any way to look at however closely they wanted to? If they have the right to download somebody else's e-book that should be selling for $20 for free, then why can't a normal person do the same thing? What gave Adobe the right to get a huge archive of pirated materal without having any license or permission to own or download the materal?

    I guess the laws bend a little for the right people at the proper times...

  30. Fahrenheit 451... by Quaoar · · Score: 5, Funny

    The temperature at which eBooks melt.

    --
    I'll form my OWN solar system! With blackjack! And hookers!
  31. you're wrong by ArchieBunker · · Score: 1

    99.9999% of the people don't know what the DMCA is much less digital rights management or copyright issues. In fact that post was just a troll showing that everywhere (even in geek land) the majority aren't always right. Chalk it up to mods being fucktards as usual.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
    1. Re:you're wrong by Anonymous Coward · · Score: 0

      Yup... and a majority of the people in the US voted for Gore, thats why Bush is president.

      We do *NOT* live in a democracy, we live in a *republic*. We cast our votes, and then our 'representatives' (corrupt/under the pay of big corporations... or not-hahah) can vote whatever way they please. *OUR* only option is to vote the suckers out of office the next time they are up for election. Of course, when your option is to vote for corrupt politician "B" or the incumbent corrupt politicial... don't you just love choices?

  32. Other means? by grub · · Score: 4, Insightful


    If, as is suggested, other means of cracking these protected ebooks were used, will the authors of those programs be subject to arrest if they ever visit the US (assuming they are non-US residents)?

    Be afraid, be very afraid..

    --
    Trolling is a art,
    1. Re:Other means? by anthony_dipierro · · Score: 2

      If, as is suggested, other means of cracking these protected ebooks were used, will the authors of those programs be subject to arrest if they ever visit the US (assuming they are non-US residents)?

      Nope, they weren't profiting off the distribution of the crack like Dmitry was, so they will never be caught (and their offense wasn't criminal anyway).

    2. Re:Other means? by inerte · · Score: 1

      Courage is this:

      Once Upon A Time Ciderela (tm) met the Seven Dwarfs (tm).

    3. Re:Other means? by grub · · Score: 2


      Nope, they weren't profiting off the distribution of the crack

      Isn't it illegal to remove protection and distribute the unprotected product for free?

      If what you're suggesting were true then it would only be illegal to distribute cracked or unlicensed software if it were done for profit..

      --
      Trolling is a art,
    4. Re:Other means? by Anonymous Coward · · Score: 0

      Ebook piracy isn't done by cracking anything, it's done by scanning and OCRing print books. That's why the ebook pirates have titles that have never been released in ebook form, only in print.

  33. suicide isn't illegal by extremesanity · · Score: 1

    actually suicide is not illegal. so you do have the right go kill yourself :)

    1. Re:suicide isn't illegal by be-fan · · Score: 5, Funny

      Just looked this up. Apparently, the laws were changed not to long ago (60s-70s). But counseling someone to commit suicide (which your post does) is still illegal in Canada (don't know about the US) and other countries. So your post could very well be illegal :)

      --
      A deep unwavering belief is a sure sign you're missing something...
    2. Re:suicide isn't illegal by DavidTC · · Score: 1

      Well, in many places it still is. It's illegal in Georgia to kill anyone, there's no exception for yourself. Of course, it's pretty hard to charge anyone with that.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  34. yes it is. by twitter · · Score: 4, Insightful
    The DMCA only requires that the criminal defendant produced software aimed at circumventing copy protection.

    Not to lend weight or support to the perposterous DMCA but I thought the wording was "primary function." If it can be shown that the primary function of the software was simply to give the user their fair use rights to read their own material, how can it be called a circumvention device? In other words, if all it's circumventing is something not recognized by US laws, I don't see what leg they have to stand on. The fact that people did not use the software to violate the contents copyright by distributing the content looks very important, if and only if the DMCA is designed to prevent copyright violation. We all know that the DMCA's primary purpose is to expand the power of and preserve the position of obsolete publishers. Bah, what a stupid law DMCA is.

    --

    Friends don't help friends install M$ junk.

  35. Is everyone here this stupid? by Anonymous Coward · · Score: 0

    So if something is illegal and not used, it should then become legal? Is that the general idea that people have here?

    We can assume that Elcomsoft's reader has probably been used at least a couple times for a book where the ownership rights are questionable. I mean, there is really no other reason to use their e-book reader other than when you don't own the rights to read the e-book. So if Adobe wants to continue to promote their e-books as a viable product for publishers, shouldn't they go after people who could make publishers NOT want to use their product?

    If I have an atomic bomb but never use it, should I still have the right to have it?

    1. Re:Is everyone here this stupid? by Anonymous Coward · · Score: 0
      How about if you have bad eyesight and want to enlarge the font on an e-book you purchased legally beyond what adobe thinks you should be able to use. Maybe you want to print some of the pages so you can read them while away from the computer.

      The point of this article is there are lots of fair-use ways to use this software and not one example of an illegal use occuring.

      We can assume that Elcomsoft's reader has probably been used at least a couple times for a book where the ownership rights are questionable.

      So it's guilty until proven innocent with you? Do the world a favour, take your atomic bomb to Iraq, sit on it and set it off.

      If I wanted to pirate a book, I'd use IRC, not waste my time with adobe's crippleware crap.

    2. Re:Is everyone here this stupid? by Anonymous Coward · · Score: 0

      I don't exactly know how handicap accessibility effects it or not but I'll wager to say it does not. Also, you can't print the pages if you do not have the right to print them. It really should be no different than photocopying. However if it has a agreement where you can not print any pages of it and you agree to it, then you can not print any pages of it -- its that simple.

      Fair use gets VERY construded here. Fair use is not where you can use it how you want and that's fair.

      Well, you have to take it as a pair of lock picks. I bet no one has used lock picks for anything illegal.

      Do the world a favour, take your atomc bomb to Iraq, sit on it and set it off
      HAHAHAH dumb ass. What are you, 5 years old? HAHAHA

    3. Re:Is everyone here this stupid? by Anonymous Coward · · Score: 0

      Oh, so you know where to get pirated books from. Only criminals would know that.

    4. Re:Is everyone here this stupid? by Anonymous Coward · · Score: 0
      Well, you have to take it as a pair of lock picks. I bet no one has used lock picks for anything illegal.

      If all locks were easier to open without the lockpick then nobody would use one for anything illegal. That is the case with ebooks when the print version is available and there are people scanning the print version and distributing them on IRC and Usenet.

  36. 100,000 ebooks by Anonymous Coward · · Score: 2, Funny

    Just wondering which P2P program that Adobe is using to download that many ebooks

    1. Re:100,000 ebooks by Anonymous Coward · · Score: 0

      I think they called it...dead-tree/protocol ... through 7eleven/copying-machine tunnel

    2. Re:100,000 ebooks by sethstorm · · Score: 0

      ...And to think what laws they could be breaking by doing so.

      --
      Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  37. Helpful Searches by Anonymous Coward · · Score: 1, Funny

    Poor Adobe came up empty-handed. Maybe they'll have more success searching for Sasquatch, or the Lochness Monster, or The Second Coming, ....

  38. The article actually reads... by NathanBFH · · Score: 5, Insightful

    As quoted from the Reuters article (my own emphasis added):

    "Adobe Systems has not been able to find proof that anyone made illegal copies of electronic books using software that could sidestep copyright safeguards in the company's eBook software, an Adobe engineer has testified. "

    There's a difference in not finding proof that Elcomsoft's software didn't crack the ebooks and not finding any ebooks that were cracked by it (as the Slashdot article suggests). Sorry to be picky, but the person that wrote the slashdot story was a little sensational in his wording, and I thought there was a big enough difference to mention that.

    I can understand how unbelievably hard it would be to find proof of cracking with Elcomsoft's software just by downloading cracked ebooks. I doubt Elcomsoft's software leaves any footprints in the decoded file, especially considering the extremely simplistic 'encryption' algorithm ;o)

    1. Re:The article actually reads... by Anonymous Coward · · Score: 1, Interesting

      I'm not familiar with eBook cracking at all, but wouldn't different "methods" leave different checksums?

      So take eBook you own, get checksum, take cracked eBook, check checksum.

      But I'm just talking out my ass.

    2. Re:The article actually reads... by cryptor3 · · Score: 1
      Your precision is noted, but I think that if Adobe truly believed that his software was being used for illicit purposes, it would have indicated this to Reuters. I also think that there are enough clever people out there who can bypass the ebook in their own ways (with methods far better than mega-screenshots)

      Also of note is this issue of Adobe looking through 100,000 e-books and whether or not this is legal. The Blackmask post reads, "among the 100,000 or so pirated etexts floating about."

      This means that they probably only examined some of them, but that the Blackmask author believes that there are 100,000 pirated etexts.

    3. Re:The article actually reads... by bigdavex · · Score: 2

      Adobe must think they can tell, or there wouldn't have been a point to all the downloads. (Just a thought.)

      --
      -Dave
  39. Smart update, where's my cut? by twitter · · Score: 4, Insightful

    Remember the EULA for the new media player? Remember the XP EULA? Big Bill knows who's been naughty and who's been nice because the all agreed to let him look. Perhaps he sold the information and all those craced Ebooks from user's computers to Adobe. Just a wild freaking guese. I'm sure law enfocement officials who've been busting warez rings have plenty of cracked ebooks, but the Bill snoop could and will happen if all goes accoriding to Bill.

    --

    Friends don't help friends install M$ junk.

    1. Re:Smart update, where's my cut? by andrewski · · Score: 0, Flamebait

      I remember HEARING about them, and deciding that XP isn't for me. I have Media Player for OS 9, and that along with Realplayer are the only applications I use from Classic (besides Spaceward Ho, who could deny that game some processor time).

  40. In Soviet Russia.... by Phosphor3k · · Score: 0, Offtopic

    Elcomsoft-Cracked E-Books finds Adobe!

    1. Re:In Soviet Russia.... by Anonymous Coward · · Score: 0

      What's up with this Yakov Smirnoff/Solviet Russia crap lately? I guess for this story it applies, but the whole "In Solviet Russia backwards story headline" thing has become the new "Beowulf Cluster". It was funny back in the 80's when Yakov did it, and it was funny for a minute here on Slashdot, but please give it a rest already.

    2. Re:In Soviet Russia.... by Anonymous Coward · · Score: 0

      In Soviet Russia, Soviet Russia is still funny on Slashdot

  41. I know, I know! by twitter · · Score: 2
    crypto scheme ...doesn't work... why can't judges understand this?

    Because they will have to put you in jail if you try to explain how to crack an ebook? Because they will have to jail themselves if they know? When you outlaw the truth, only outlaws can be honest.

    --

    Friends don't help friends install M$ junk.

  42. Looks like there may be another problem by rusty0101 · · Score: 3, Interesting

    with the DMCA.

    Disclaimer: IANAL

    IIRC, either there is a Library of Congress decision that there are a couple of situations where the Anti-Circumvention provision does not apply to software or hardware that circumvents copy portection.

    One of those situations is in with respect to a compiled list of URLs and controll information that web proxy filters may be using.

    The other situation I seem to recall reading some place was if the technology in use was obsolete or had known faults that prevent legitimate access.

    Out of my own curiosity, wouldn't the fact that there is a fault with the anti-circumvention software that causes it to fail to protect against new cirvumvention tools imply that the anti-circumvention, or encryption tool in question, was, well Obsolete?

    -Rusty

    --
    You never know...
    1. Re:Looks like there may be another problem by Anonymous Coward · · Score: 0

      Why not claim ebook is NOT hardware or software, but a digital representation of the paper book kind. That Elcomsoft did not break or circumvent the software, but just made available the text for the sight disabled. Digital photocopiers are equally a circumvention device for analog(paper) books, yet their is not the same hoo harr over campus photocopy labs. Then prove copyright marerial was harmed - but was copyright waived the moment fair use provisions were breached?

    2. Re:Looks like there may be another problem by sbaker · · Score: 3, Insightful

      I don't think that is a defence:

      The anti-cirumvention software was working just fine at the time that the
      alleged offense was committed. It was only after it was cracked that it became
      (effectively) obsolete.

      That's like saying "But Officer - I didn't break into this house - the
      front door was wide open...right after I smashed the lock."

      Dimitiri's defense (IMHO) is twofold - firstly, he did all this in Russia
      where it isn't illegal - secondly that he did it to aid disabled people to
      read eBooks and not to help the pirating of eBooks.

      The whole "to help blind people" thing seems to me to be the linchpin here.
      If Adobe had picked some cracker who lived in the USA - and who had personally
      pirated a bunch of books using their own cracking tools - Adobe would have
      a much stronger case.

      --
      www.sjbaker.org
  43. Ebooks come before PS, Premiere etc by Anonymous Coward · · Score: 0

    Because Adobe is trying to convince other companies/publishers to purchase into the ebook world. Photoshop, Illustrator et al is the responsibility of Adobe, and no one else. Who is going to sign on to selling encrypted books if they think they are going to be pirated?

    Asobe doesn't "need" to do anything. They aren't stupid. They don't own the desktop publishing market for nothing.

    1. Re:Ebooks come before PS, Premiere etc by shaitand · · Score: 2

      I agree individual ebooks are hardly what adobe is concerned with. But their encryption is cracked, they should get over it and work out something better. Even if they could con someone into purchasing their technology, could they do so? Do they think making it illegal to bypass the technology and getting media headlines suing and having russian crackers arrested is going to help rest the integrity of their repeatedly cracked software?

  44. Re:WTF? - Crypto protected by 2nd amendment by seichert · · Score: 2
    In the past the U.S. government has classified crypto tools as arms. Could a defense against the DMCA be the second amendment? Could attempts by the FBI to mandate backdoors into crypto systems be an attack on the second amendment as well as the fourth?

    The second amendment does not apply solely to firearms. The second amendment is concerned with arms and the right of the citizenry to use them to defend their rights against oppressive and tyranical government. Encryption technology can be a useful arm to defend your rights against unconstitutional laws. Many people feel that the constitution does not authorize the federal government to impose a law such as the DMCA. Cracking tools, are thus arms, used by the people to defend their rights.

    Sounds like a bit of a stretch. Maybe, but nonetheless there are many important uses of crypto.

    --

    Stuart Eichert

  45. a quandary by cr@ckwhore · · Score: 3, Insightful

    This is strange... on the surface, I'd like to think that this is bad news for Adobe... but something tells me that this is bad news for Elcomsoft because news is out that their product doesn't work.

    Although, does anybody actually steal e-books? I don't seem to recall "e-books" as a hot ticket item all the 1337 kiddiez want.

    --
    Skiers and Riders -- http://www.snowjournal.com
    1. Re:a quandary by Anonymous Coward · · Score: 0

      not necessarily true. software such as this
      may be used for both lawful and non lawful
      things. it is not an indication of the "software
      working" to say that legal or illegal uses
      of it have occured.

      --
      Silvio

    2. Re:a quandary by inerte · · Score: 1

      Search Gnutella for "pdf".

      9.5 in 10 results are copyrighted e-books. And most are about computers ;-)

  46. hee-hee :) by MacAndrew · · Score: 2

    Kudos. I gotta remember to come to you when I need some sarcatic irony for something. :) (Er, but will people get it? I guess the last line is a giveaway.)

  47. Nope -- a rose is a rose by MacAndrew · · Score: 2

    There's absolutely no legal difference between digital and analog. Both can be (mis)used to violate copyright.

    The thing that bugs the copyright holders is that digital copies are immortal and copy without loss. They raised a ruckus over DAT, and wanted some sort of built-in copyproofing, like you could only make one copy or whatever. So this may be what you're thinking of -- they fear digital more.

  48. Is it any wonder? by Moridineas · · Score: 2

    With 100,00 cracked ebooks out there (at least) is it any wonder that Adobe got over protective of their market?

    Adobe chose the wrong course of action, but would anyone really say that it's ok that there are so many pirated ebooks around?

  49. problems, problems by MacAndrew · · Score: 2

    I think you're blending "if the technology in use was obsolete or had known faults that prevent legitimate access" together with "a fault with the anti-circumvention software that causes it to fail to protect against new cirvumvention tools." The first is an example of a valid licensee losing access; the latter, simply progress in cracking tools. ... if I understand you right ...

  50. So what? by inerte · · Score: 1

    Even if they did find one, or two, or three. Thousand.

    That would mean that they way they choose protection to maintain their business model was wrong?

    No!

    Doesn't it mean nobody has been using the software to make illegal copies?

    No!

    So, what does this news means? Are we sure that we want to believe in a such black and white world?

    --
    Geeks Forever (2nd sig)

  51. Re:Is that legal? Sure. by MacAndrew · · Score: 2

    Yep, for various independent reasons. There's no intent to break the law, the affected copyright holders couldn't possibly care about interfering with their vendor trying to enforce their rights, the copying of illegal "cracked" copies is germane to their lawsuit, and, believe it or not, it's probably fair use. :)

    The DMCA doesn't kick in so far as I know -- these are just plain text files.

  52. give them their own kind of dose by R55 · · Score: 1

    Sue the bastards!! - Sir Freddie Laker

  53. Re:WTF? - Crypto protected by 2nd amendment by isorox · · Score: 2

    Could a defense against the DMCA be the second amendment

    In adition to the first amendment being a defence?

  54. Re:WTF? - Crypto protected by 2nd amendment by anthony_dipierro · · Score: 1

    Could a defense against the DMCA be the second amendment?

    Only if you're in a well-regulated militia.

  55. Except that.. by GroundBounce · · Score: 5, Informative

    Many if not most of the pirated copies of Photoshop that I've seen are *not* in the hands of 14-year-olds. They were in the hands of full-grown adults who simply didn't want to pay the $600 (or whatever) for the program.

    1. Re:Except that.. by AvitarX · · Score: 2

      I agree, except they are usually full grown adults that pirate photoshop instead of buying photo delux. I have not seen anybody really using photoshop on a pirated copy. But somehow people don't want to use a nerfed version because it is cheaper, despite it meeting their needs.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    2. Re:Except that.. by kraksmoka · · Score: 2, Insightful
      actually, a few grown adults do use photoslop for real stuff. however, i think that the fourteen year olds simply get a thrill out of downloading 600 dollar programs.

      bottom line, adobe is more interested in getting design houses to fork over the cash, than prosecuting people with pimples.

      --
      "You never want a serious crisis to go to waste." - Rahm Emanuel
    3. Re:Except that.. by Hadlock · · Score: 2, Insightful

      there's a suprising number of girls in college who use photoshop to crop/resize their digital photos, because they ask their friends "what should i download to fix my pictures?" and about 3 minutes later they have one of the 5 cd's floating about the dorm floor with photoshop 6 or 7 on it, and in another 20 min, have it installed. but you're right, the same thing happens, except with men, and at the office. people aren't willing to pay $600 for any photo program, because at most the average user will never spend more than 4 hours using a photo editing program, limiting any program of the genre's value significantly. i wonder, would adobe be doing better or worse if they marketed the gimp for windows as a free alternative to photoshop, so it wouldn't "eat into their potential marketshare", although that sounds highly counter-productive.

      --
      moox. for a new generation.
  56. Just FYI by Sycraft-fu · · Score: 2

    If you buy a gun legally (ie from a liscenced firearms dealer) you DO have to undergo a background check. It's quick, but through. They get your information, call the police, who check the data base and either confirm, deny or delay the transaction based on the results. A felony record, outstanding warrant, and so on will stop the transaction.

    1. Re:Just FYI by sbaker · · Score: 2

      > If you buy a gun legally (ie from a liscenced firearms dealer) you
      > DO have to undergo a background check. ...but if you buy a gun legally from a private individual (eg at a gun show),
      you DO NOT have to undergo a background check. That's a ridiculous loophole
      that makes a mockery of the flimsy US gun laws.

      --
      www.sjbaker.org
  57. Re:It just proves...THEY ARE by Anonymous Coward · · Score: 0

    Dimitry may or may not have violated the law. First reports said he demo'd the software in addition to the speech. If so, he broke the stupid law. Either way, RegNow is in the USA and was the one taking payments for the software so I would assume they could be held liable if Dimitry is off the hook.

  58. Not insightful... by Anonymous Coward · · Score: 0

    Rather, wrong on both counts.

  59. Yeah, but it COULD be used to break the law! by Newer+Guy · · Score: 3, Insightful

    And according to The USA post DMCA, you're guilty unless and until you can prove yourself innocent! The fact that something hasn't been used to break the law doesn't mean that it CAN'T be used in that way. So by doing a pre-emptive strike, the Govt. can make sure that it never will be used to break the law. Get it?

  60. SO WHAT!! by Anonymous Coward · · Score: 0

    If someone shoots someone else and gets rid of the gun and the body does that mean no crime took place. No, obviously not.

    If I smuggle something into the country and nobody knows, does it make it mean it didn't happen? No, obviously not.

    And to think I used to respect this community, what a bunch of idiots.

    1. Re:SO WHAT!! by Anonymous Coward · · Score: 0

      In the eyes of the law it does. No body + no weapon = no conviction.

    2. Re:SO WHAT!! by Anonymous Coward · · Score: 0

      try again fuckhead....

    3. Re:SO WHAT!! by Anonymous Coward · · Score: 0

      He does have a sort of point... If you kill someone, and there's not enough evidence to convict you, then you won't be found guilty of murder.

    4. Re:SO WHAT!! by Anonymous Coward · · Score: 0

      Ok dumbfucks lets try this again. He HAS NO POINT cause that wasn't what was said. A crime was STILL committed whether you can be convicted or not, wasn't the question. Someone still broke the law.

    5. Re:SO WHAT!! by Anonymous Coward · · Score: 0

      You sound angry. Did someone kill a relative and not get caught?

  61. wait.. by inerte · · Score: 1

    There are laws that try to stop pirating?

  62. Soon it will be by stud9920 · · Score: 4, Informative

    Soon it will be legal : under the P2P Prevention Act or whatever it is called, media pimps, be it RIAA, MPAA or others, have the right to DOS attack P2P network. Downloading 100,000 files from a P2P network IS a DOS attack, you obviously aren't going to read them all.

  63. Too easy to hide, WITH ADOBE'S HELP by stud9920 · · Score: 3, Interesting

    It's too easy to hide you used Elcomsoft's software : you just install a pirated version of acrobat, open the pirated ebook, and then print it through the virtual printer provided by acrobat. And you've got the advantage of reducing the file size, by just choosing a lower output resolution.

  64. Legitimate Use by Anonymous Coward · · Score: 0

    I just thought that I would mention my use of copyright circumvention with PDF's that falls under 'fair use'. I have downloaded a few ebooks in my day, and they all give me license to print (1) copy for my own use. Well that is all fine and dandy, only I have an old ink jet money and time waster. I also have an access to my universitys high speed high quality dirt cheap laser printers. The only issue being getting the hard-disk locked document from point a to point b, unencrypting it is not only within my rights but it is far more convineant then trying to circumvent the university networks security to print the file from home.

  65. What by zoomshorts · · Score: 1

    What the hell is an "Ebook"? And who needs them if at all? Adobe? yep, but no one else. Woot!

  66. "suicide is painless.." by Anonymous Coward · · Score: 0

    But the first few seconds sting like buggerey...

  67. The e-books are protected is stupid by Otis_INF · · Score: 5, Interesting

    I mean: there are not that much crypting settings available and 1 setting f.e. excludes multiple options in the reader.

    An example: I recently bought Thinking in C# (almost finished version), in e-book format (pdf) which the writers offered for 5$. That's a bargain, so I thought "lets give it a shot". I tried acrobat, but I soon found out that the e-book was not that handy: i.e.: the advantages an e-book has over a paper-version (searching, bookmarking for fast browsing, highlighting and deleting, unlimited notes on 1 page etc) were gone in the acrobat reader since the e-book as encrypted and printing was disabled, plus there was no bookmark browse tree included. Search did work however but I couldn't print a page, couldn't copy/paste a section of a page and I couldn't create bookmarks!. I found out that Adobe offered another tool, eBook reader. So I downloaded that tool, opened the book and what a suprise: search was disabled too but I could create bookmarks.

    So here I was: I paid for a legal ebook and there wasn't software to use it in full. I downloaded Jaws PDF Editor for windows. It's not a free program but the trial was enough. I loaded the ebook in the PDF editor and unlocked the encryption settings. By enabling printing, everything worked again in the eBook reader and now I can use the ebook I bought with all the features only available for electronic versions of a book.

    Not thanks to adobe however, who offered only rotten tools to use the book I bought. What's wrong with having a lot of options to secure a book but still allowing users to fully enjoy the benefits of an electronic version of a book?

    --
    Never underestimate the relief of true separation of Religion and State.
  68. Reminds me of something by underwhelm · · Score: 2

    In the 2600 case, the MPAA was unable to enter into evidence a single movie decrpyted with DeCSS. Yes, probably because it's impossible to distinguish a movie decrypted with one tool versus another. In fact, these are almost perfectly analogous circumstances.

    They still won their case.

    --

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

  69. Ironic by theolein · · Score: 3, Insightful

    I know that I would never even consider buying an ebook for the simple reason that I can't print it out if I want to. I have never even seen ebooks on sale in any large numbers and the famed electronic book craze of a few years back (Microsoft, Adobe and another company all making proprietry standards) has completely dried up. I cannot find electronic book readers in most stores anymore and adobe's ebook reader has got to be one of the less popular downloads around today.

    Being a normal human being I believe that I own something when I buy it. Everything else I consider as rent. Strange laws might call it DMCA or licence but I consider it rent. Since a real book doesn't cost all that much more than most of these books, I reckon most people would go for the real paper version.

    Not only that but I fear that Orwell's 1984 and Bradbury's Fahrenheit 451 are becoming more and more real all the time. When will the thought police come to my house to burn my books? Is there a difference between that and the taleban?

  70. Here's my take by Anonymous Coward · · Score: 0

    They're going to say DMCA should be enforced much more because someone published how their eBooks were "encrypted" and and pirates have created their own tools based on the published knowledge. To prove that they just have to show the 100k pirated books decrypted with other tool than Elcomsoft's Advanced e-Book Processor and someone publishing the knowledge.

    hmm, maybe I shouldn't have said that, "they" might get bad ideas.

  71. ummm... no! by Ender+Ryan · · Score: 2
    You're way off... It's prefectly legal to break the lock on your door to enter your own home.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  72. slashdot as prior art! by raygundan · · Score: 2

    from the You-can't-patent-hyphens-because-we've-been-doing- it-for-years dept.

  73. Well, yeah... by foxtrot · · Score: 3, Funny

    That is funny but seriously a VCR records analog which is legal to use

    Of course. If they wanted VCRs to be illegal, they'd've called it the Analog Millenium Copyright Act...

    -JDF

    1. Re:Well, yeah... by balloonpup · · Score: 1

      ...and if they just wanted to make sure that young people didn't copy anything, would it be the Youth Millenuum Copyright Act? "Remember kids, don't violate the YMCA!"

      --
      I sing the doggie electric!
    2. Re:Well, yeah... by balloonpup · · Score: 1

      *oops* That's "millennium". I even previewed too. Oh, well.

      --
      I sing the doggie electric!
  74. Re:Is that legal? Sure. by Anonymous Coward · · Score: 0

    Intent to break the law has nothing to do with whether something is legal. If you kill someone, whether on purpose or accidentally, you will still be charged. Yes, the charge will differ (manslaughter vs. murder), but it is still illegal.

    Second, unless Adobe has ALL of the affected copyright beholders permission to do this, they are breaking the law. Perhaps they downloaded 100,000 of some work they got permission for, or maybe they didn't. Hard to say.

    These are NOT plain text files. They are PDF. There's a big difference.

  75. Not true by 0x0d0a · · Score: 2

    Used to be a common misconception, though. Try here.

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

      Hmm, maybe u missed the point completely. The point isn't whether you can be convicted, it's whether a crime took place. If I kill someone and nobody can prove it I still know I broke the law, the law was still broken. Can't spell it out for ya any easier.

  76. Seriously... by Reziac · · Score: 2

    "That's why intellectual property is property, because it's gone when someone else gets it."

    Actually, I think that's exactly what the ultimate goal is: to make IP of every sort into "physical" property (ie. locked files that require a particular physical medium to work).

    That way when someone "steals" a file, it would indeed be "gone". Thus in the event of IP "theft" someone would be actually *deprived* of their property. And that would fall under the laws covering ordinary property theft, which would certainly make prosecution easier.

    Somehow your comment no longer seems so funny, eh? :(

    --
    ~REZ~ #43301. Who'd fake being me anyway?
    1. Re:Seriously... by Alsee · · Score: 2

      Somehow your comment no longer seems so funny, eh? :(

      wow. Yeah.
      As I read your post I actually got a slight sick feeling. The current DRM systems, Palladium, who knows what next.

      I can see it. Someone gets into your computer and copies your files. Except now Palladium enforces wiping your files in the process. Gotta love Palladium's unbreakable security features. Sigh.

      Who cares if someone steals from you just so long as no one can steal from the company. They're perfectly happy with both you and the thief having it so long as you pay the company for both copies.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Seriously... by Reziac · · Score: 2

      Yeah. And what a scenario for a virus!! Methinks as DRM progresses into the mainstream, a great many such nasty implications will crop up as unfortunate reality, that right now seem like paranoid delusions.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:Seriously... by Alsee · · Score: 2

      And what a scenario for a virus!

      LOL, yeah. A virus that uses standard palladium commands to swap all your protected files one for one with random infected people. All your stuff is gone and you get a bunch of random stuff that you probably don't want, and no way to find out where your files went.

      That would be pretty hysterical!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Seriously... by Reziac · · Score: 2

      Oh man, imagine the possibilities. You get the RIAA's files, they get yours.. ;)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:Seriously... by Alsee · · Score: 2

      You get the RIAA's files, they get yours.. ;)

      [Audio fade in: N'sync]

      But I don't want the RIAA's files! Waaaaaaaaaaaaaaaaa!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:Seriously... by Reziac · · Score: 2

      YIIIY!!! [runs away screaming]

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  77. I suppose by notlameness · · Score: 1

    I suppose this could be a matter of how hard they were looking .. 10,000 ebooks would be within 1 CD for statistical purposes.

  78. Re:Is that legal? Sure. by MacAndrew · · Score: 1

    (1) actually you're wrong, manslaughter also requires intent, if not to hurt someone, then to commit reckless acts; (2) I don't have the time to explain the rest of criminal law to you, take a class (it is clear you have not); (3) there's not a whit of difference between PDF and text for what DMCA is concerned about is circumvention.

  79. One click of a mouse and history is changed, by pair-a-noyd · · Score: 1

    I remember a movie in the 60's about all the knowledge of the world being stored in a single computer in Brussels. Everyone that needed to know anything got it from the one computer.

    Some guy went to a terminal to research something in the past and discovered that huge chunks of history were disappearing from the computer.

    Each time he went back more and more time periods had vanished. I think it was some sort of Illuminati Conspriracy..

    I can't remember the exact plot or name of the movie as I haven't seen it in over 20-25 years. Maybe someone else remembers it..

    Point is, this is coming. Paper does NOT last forever, as most of us know and there has been this gung-ho push to digitize everything in existence.

    All it takes is one person with a mission in mind to change the course of history, past, present and future when all that there is has been reduced to 1's and 0's..

    Bill Gate$ is working hard to take us there.
    Microsoft is the single greatest threat to National Security and personal freedom on this planet..

  80. Speaking of cracking e-books... by Fugly · · Score: 2

    I might need a piece of software like this for palm's e-book format. I bought a handful of palm's e-books a while back. They appear to use the credit card number you purchased the book with as a security key (scary huh? I hope it's a secure one-way hash). However, I've long since lost the card mine were purchased with and don't have record of the number anywhere. Unless customer service will cut me new copies for free, I'm going to have no way to read the books again.

    At this point I'm assuming customer service will help me. But if they were to go out of business, I would have no way of reading the stuff ever again without cracking their encryption (illegal under the DCMA and if anybody ever gets their shit together, difficult to the point of being nearly impossible). It makes me angry. I paid good money for the stuff. I own it. I have a right to read it.

    Actually, ya know what? I think I'm done buying e-books until somebody starts selling them in an open, unencrypted format. Screw this crap. I'm a customer, not a thief. The hell if I'm giving my business to a company that can't figure that out.

  81. What I think is ironic... by t-maxx+cowboy · · Score: 1

    ... is that Adobe's own software is probably responsible for many of the pirated e-books out there. All it takes is one employee at the company the e-book was developed at to save the e-book without the DRM protection and oh my god, people are suddenly able to distribute copies of that one file. Truthfully you cannot tell me that a good portion of pirated software/e-books don't come directly from the developing companys employees leaking stuff.

    --
    Regards,

    Ryan Pritchard
    Fun Extends All Basic Life Expectancies