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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."

158 of 311 comments (clear)

  1. 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 NixterAg · · Score: 5, Funny

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

    2. 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

    3. 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.
    4. 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.
    5. 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.
    6. 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...

    7. 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.

    8. 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.

  2. 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 shaitand · · Score: 2

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

    5. 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.
  3. 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 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.

    2. 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.

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

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

    4. 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...

    5. 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.

    6. 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.

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

    Comment removed based on user account deletion

  5. 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 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.

  6. 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 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.

  7. 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 Klerck · · Score: 3, Funny

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

    2. 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.
    3. 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?

    4. 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.
    5. 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.
  8. 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 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.

  9. 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

  10. 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.

  11. 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
  12. 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

  13. 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 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.
    3. 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.

    4. 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.

    5. 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
    6. 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.
    7. 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.
    8. 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.
    9. 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.

  14. 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 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.

    7. 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)
    8. 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."
  15. "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."

  16. 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 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.

    4. 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
  17. 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

  18. 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 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.

    2. 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?

    3. 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.

    4. 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...
    5. 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.
    6. 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.
    7. 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...
    8. 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.

    9. 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.

    10. 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.

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

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

    12. 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...
    13. 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.

    14. 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

    15. 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...

    16. 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!

    17. 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.

    18. 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?
    19. 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
    20. 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.

    21. 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.

  19. 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 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...

    2. 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.

  20. 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 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.

    9. 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.

  21. 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.

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

    The temperature at which eBooks melt.

    --
    I'll form my OWN solar system! With blackjack! And hookers!
  23. 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 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,
  24. 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.

  25. 100,000 ebooks by Anonymous Coward · · Score: 2, Funny

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

  26. 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 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
  27. 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.

  28. 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.

  29. 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.
  30. 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 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
  31. 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...
  32. 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

  33. 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
  34. 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.)

  35. 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.

  36. 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?

  37. 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 ...

  38. 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.

  39. 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?

  40. 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.
  41. 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
  42. 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?

  43. 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: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...

  45. 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.

  46. 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.

  47. 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.
  48. 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".

  49. 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.

  50. 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?

  51. 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
  52. slashdot as prior art! by raygundan · · Score: 2

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

  53. 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

  54. Not true by 0x0d0a · · Score: 2

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

  55. 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?
  56. 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.