DMCA Invoked Against Garage Door Openers
boijames writes "In the latest bit of DMCA lunacy, copyright guru David Nimmer turned me
onto a case that his firm is defending, where a garage door opener
company (The Chamberlain Group) has leveled a DMCA claim (among other
claims) against the maker of universal garage door remotes (Skylink)."
It's an open and shut case.
Boom boom
Learn to Improvise
the DCMA should be invoke against as much ridiculus things as possible.
that way maybe legislators and voters will see the lunacy in all its perverted glory.
in Soviet Russia the DCMA invokes YOU.
The sillier the lawsuits are, the faster the public (& politicians) will see the law needs revision.
Jaysyn
There is a war going on for your mind.
They fight against US laws restricting freedom of speech...
Oh how the tables have turned
If universal tv remote manufacturers are next on the list to be hit by the DMCA
Then again, i dont think you can make a universal key, so someone must have been doing some bad thinking if they designed garage door remotes like this.
Probable impossibilities are to be preferred to improbable possibilities.
Aristotele
Well I guess Universal remotes are next. So when are the retards in DC going to wake up. That should be the next poll.
I didn't use the preview button, so get over it!!!!
Mike
Won;t open... they're using a universal remote :)
You can't have it both ways.
Unless I'm really dense, the whole point of Rolling Codes is that there is an algorithm shared by the remote and opener that defines previously-used codes as invalid, so that a burglar who sniffs the code you use to open the garage today can't come back and use that code tomorrow. In that case, these devices should not be working, which should be grounds for the consumers to file a class-action, but it would be proof that they are NOT violating the patent on the Rolling Codes.
[100% ISO 646 Compliant]
SVM, ERGO MONSTRO.
"The DMCA is a law, and as faithful American citizens, it's our duty to obide by it and cherish it, as all laws must be cherished." I don't completely agree with you on this point. It is also the duty of the citizens of this pseudo-democracy to hold officials etc. responsible for the laws to make, it is supposed to be the will of the people isn't it? For example if for some bizarre reason a law was passed requiring you to cut off your big toes for the government would you? There comes a point when laws and regulations go too far, in other places and other times too many controlling laws (among other things of course) of been cause for revolution. Obviously the U.S. is nowhere near that point but the reasoning is the same. Just because the law is made we don't have to blindly believe it is for the best of everyone, don't let the lawmakers decide for you, decide for yourself.
The recent rash of DMCA cases have involved actions taken before the statute was in place. I mean, before too long tech companies could start suing each other claiming one company's processor is a copyright infringement on another. I guess the next thing on the list is el-cheapo TV remotes being removed from the market.
This is steadily going beyond ridiculous, making our country an even larger laughing stock.
-'fester
--
"Observation collapsed the wave function of the experimental subject to a deceased state" - Schroedinger
If the lawsuit is seen to be silly, it'll be tossed out, but people will say, "See, the system of checks and balances did the job. No need to throw out the baby with the bathwater -- it's still a good law."
There are too many powerful groups with a vested interest to let this go by the way. Minor revisions, perhaps, but it's not going to create a huge ruckus or make any major difference to the law. Even if this particular case gains some notoriety, it'll be forgotten in a month and the vested interest groups will have won. Again.
Not that I'm jaded or cynical or anything.
I was able to find a website for The Chamberlain Group (the garage door manufacturer). Skylink (the remote manufacturer) also has a web site. Neither appears to have any information about the lawsuit.
I called Chamberlain's tech support number and got the number for their corporate offices: 1-800-282-6225. They said to ask for the legal depatment. If somebody with better journalism skills than I would like to follow up and ask all the questions that people have raised here, we would all appretiate you.
This is only really useful now because there was no real legal teeth for this sort of thing in copyright law until the DMCA. It specifically references technological issues, it is vague as to what it covers, and it carries criminal penelties.
Look for more patent style/interoperability contests to be faught through the DMCA.
There is nothing so silly as other peoples traditions, and nothing so sacred as our own.
I can use my palm pilot as a TV remote, is this illegial too now? The DMCA is getting a little ridiculous. Next thing you know, we will sign an EULA when we buy a TV or garage door opener. I don't think we can stand for this, somthing needs to be done to overthrow the DMCA, it is getting worse and worse over time. I can understand (not agree with though) why microsoft would want copy protection on the XBox, but now garage door openers? Somthing needs to be done.
Not to be overly optimistic here, but I think this case could show just how bad the DMCA really is to Joe Public. It is not being used as intended (Take my copyrighted material off your website now! or Your taking my crapy "digital protection" off my copyrighted work, stop it!), but instead it is being used as a bully tactic. Right or wrong the copyright holder should be able to protect what he thinks are his works, but with the DMCA he has been given a club that is far to large.
Just being a little less optimistic, my bet is that one of the following happens:
But what I would like to see happen is that they loose a battle with the DMCA and it goes all the way to the Supreme Court. (Where in a 7 to 2 decision they decide that the Congress can extend copyrights indefinitly because that is a limited ammount of time - oh what wrong thread.)
I just seems like nobody wants to test this new law, but everybody wants to use it like the club it was designed to be. Somebody need to fight this thing in court, but that will take years and lots of cash.
[End of diatribe. We now return you to your regularly scheduled programming...] - Larry Wall in Configure from the perl
Go read the pdf...
they want a permanent injunction
they want all profits from Skylink's device
they want to impound all Skylink's stuff
they then want to destroy all of Skylinks stuff
they want treble damages
they want attorney's fees
but my favorite phrase is the "trafficking in a device that is designed or produced for the purpose of circumventing the technological measure" (referring to their rolling code tech).
Cmon, ya jokers... It's a freakin' garage door opener, not an eight-ball of heroin...
Sheesh...
Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
What did they do, lose the REAL garage door opener in the couch?
I mean, really - LOOK IN YOUR CAR.Or was it that lugging around all the remotes for the ever present seven car garage was getting tiresome?
After reading the motion for summary judgement, what it looks like to me is this:
The manufacturer effectively implemented a OTP (one-time password) scheme in their remotes and receivers.
As anyone who has used OTPs knows, you have to know which password comes next in the sequence to get in.
Because the manufacturer couldn't think of a good way to get around this problem, they made the receiver accept a reset code that forces it to resync on the next code received.
Now they're bitching because someone else figured this out and using the reset code to allow their third-party remotes to activate the receiver.
There's a lot of bullshit about burglars and stuff, but what it basically comes down to is they thought up a great new security scheme, and then drove a ten-ton truck through it in the name of convenience. Tough shit for them, I say.
It is fun to criticize silly cases like this however we need more of them! Cases like these are much more likely to result in rulings against the DMCA. I suppose for most judges it is easier to visualize a garage door opener then a complex software proggie.
Isn't it ridiculous how people can have lethal chemicals, like Dihydrogen Monoxide, and yet the DMCA is around?
Dihydrogen Monoxide kills more people per year than any other chemical.
I've had enough abrasive sigs. Kittens are cute and fuzzy.
What happens then if you lose your remote, and you can't get a replacement except by mail from the manufacturer? And if you open the door manually, circumventing the (now lost) encrypted remote, are you violating the DMCA?
Will this mean more highly encrypted garage door systems won't be able to be exported? After all, we wouldn't want terrorists and rogue nations to be able to protect their SUVs from the prying eyes of espionage!
since when does the general public know what the DMCA is or that it even exists? The "general public" I know has never heard of it.
The truth doesn't care what I think.
Then, I build a little device out of the parts consisting of the "black box" with two buttons and two lights. When you press one button, one light comes on. When you press two, two lights come on and there's sound.
Now, since this is technically a digital device, if I throw a price tag on it is it illegal for any one to come by and open it up?
er...Key Gun (Rakes the pins automatically)? Lock Picks? Sure, the general public can't get those. For a start, copyrighting the encyrption algorithm effectively gives the company controlling the door openers a monopoly on the remotes, once you have installed the actual door opener in your garage; does this sound similar to anything at all (Hint: starts with an 'M')? Secondly, as cryptoanalysts well know, the security of a message should not depend on the secrecy of the algorithm, only on the secrecy of the keys involved; copyright is no protection, because obviously the criminals that try to break it will abide by that.
If you do agree, you are just not thinking hard enough; this is a stupid law; don't be convinced otherwise
I skimmed the brief, and the DMCA claim seemed to boil down to this:
Plaintiff makes a garage door opener that is keyed to Plaintiff's remote. Defendent creates garage remote capable of being keyed to many different garage door openers, including Plaintiff's. Purpose of garage doors is to secure property inside garage. Therefore Plaintiff's device is an anti-piracy (as in nautical theft) device, which is "circumvented" by an "unauthorized" (third-party) key (remote control).
This seems analagous to a lock company suing a locksmith for duplicating keys (assuming these keys don't say "do not duplicate" on them), since the company made the locks and keys to go with them, making the existence of a key not made by the lock company a circumvention device.
I wonder how long before we see such a suit filed?
Not, I think, what Congress had in mind when enacting the DMCA.
Sadly, I think the only thing going through Congressmen's minds when they pass laws is somthing along the lines of:
Yes, I am an American, and proud to say so. But, I am also embarassed by so many of our politicians, or should I say, our corporate-controlled politicians. Sad but true, Corporate America is the aristocracy of the new world.
I went through years of school where I was taught that we fought for independence from Great Britain because of taxation without representation and a lack of other such basic freedoms.
And now we're faced with pretty much the same thing. Sure, we elect politicians. But the corporations pay for their campaigns, shower them with "perks" (aka: legal bribes), and tell them how to vote. Sure, frivolous claims such as this garage door crap is going to make people realize the DMCA is stupid. But it's most likely corporations, rather than constituents, will control how the DMCA is modified.
I can actually start Simcity 4 with my original Battlefield 1942 CD. :=)
It even shows a nice Battlefield 1924 logo when starting simcity 4.
I'm not lying
So is my bought battefield 1942 cd a circumvention device?
And can EA sue EA for making a curcumvention device that breaks EA's copy protection?
still reading?
Easy. They're going after the manufacturer because they haven't the funds to sue Lowe's, Home Depot, Furrow's, etc.
If they win, I assue you that the products will be pulled fom the shelf by each location for fear of being targeted in a lawsuit.
All this will do is force us to buy openers from the manufacturer. Have you ever priced a remote for a Chamberlain garage door opener? They're something like $30.
Seems to me that the DMCA is being used to recoup profits for companies that have a seriously flawed business model or are generally greedy.
I can't wait for the backlash. It may take several more lawsuits and all the after-market stuff drying up before Joe Q. Public wakes up and sees how screwed we really are.
What's next? I'm going to be forced to buy only Genuine Dodge parts for my 2002 Durango? You mean I have to pay [insert insanely bloated OEM price here] for brake pads when I could've got after-markets for 1/2 that? I can only use Geniune Dodge oil and air filters (the latter of which is $30) when I could've gotten a FRAM filter for $9 at WalMart?
If thats going to be the case, I'll pay someone to total it and buy a 20 year old car that is
1. Easier to repair
2. Has a plethora of universal parts available
3. Gets really shitty gas mileage in order to thumb my nose at the tree-huggers
4. Is made of Pittsburgh steel and not fiberglass and tinfoil
5. Is so old that no one in their right mind would want to steal it or cut me off in traffic for fear of having me in their back seat
Cruising the internet on my TI-99/4A @ a whopping 300 baud!
I'll leave the outrage at the stupid use of a stupid law to other posters.
:(
The summary judgment motion is the more interesting document, which (partially) describes how the technology works.
What it doesn't say is how Chamberlain's (the plaintiff) remote control resynchronises with the receiver. This is interesting, since it's this resynchronisation that Skylink's (the defendant) remote control uses to trigger Chamberlain's receiver. By doing so, Skylink circumvent the rolling-code mechanism that's supposed to protect the Chamberlain device from code-grabbers.
I wonder how Skylink have done this - does their remote control learn how to resynchronise from an original remote control? Have they also needed to crack Chamberlain's code to be able to do this? If so, that's a second circumvention, isn't it?
Lastly, you have to wonder how buggy/weak Chamberlain's code/system is if it can be so easily circumvented. But I guess that's not relevant under the DMCA.
(IANAL)
(Anyone got a Skylink RC? Can you comment on the process of teaching it to open your door?)
The plaintiff is claiming that the DCMA has been violated because the device is circumventing security.
It is.
However, this is closing the door after the horse has bolted and the plaintiff should be facing a class action for claiming that something is secure despite having a massive loophole that allows someone to force the door to open without the right, programmed remote control!
The DCMA is being used to try to get these things off the market because of the stupidity of the manufacturers in creating a basically insecure device and marketing it as secure.
The manufacturers shoudl be strung up - this stinks...
I own a garage. It has a door.
I own an opener for that door. I even own the remote.
By, "I own", I mean it's my property -- it's not like I'm in some strange "leasing" arrangement, where, say, I need to ask permission from the last person who owned the garage door if it's OK now to open it on up.
See, it's mine. I can do with it what I want. If the guy who sold me the door says I can't do what I want with it, I say, he shouldn't have taken my credit card. It's not his property anymore, it's mine.
And if he says the door was his idea, his "intellectual property", I'll kindly point out that, er, that's nice, see that door? It's my door. Not your door. My door. My very nice door, sure -- great ideas behind it, I don't usually buy products with crappy ideas behind them. I think the goodness of the idea was inherent in me providing that money the guy so happily accepted.
So, er, bugger off.
Ah, now it comes time to paint the door. Excuse me. Paint *my* door. What the hell? There's some "anti-stick" teflon coating on my door?
It's illegal for me to remove this stuff? Isn't it mine?
I'm supposed to buy a new door, whole new color? But I already own a door, and the paint on that door. Isn't it all mine?
If I remove the surface, I go to jail?
If someone removes *my* Teflon (I may not want it, but I sure got it -- sort of like excessive packaging) and paint *my* door the color *I* want it, *I've* got a cellmate?
Now how exactly is this door mine?
And if I don't really own the door, do they really own the money I paid for it with?
I bet if I move, I have to burn the door down and leave the next owner to buy one of their own...
Yours Truly,
Dan Kaminsky
DoxPara Research
http://www.doxpara.com
What does this tell of the lifestyle of /.-ers? :-)
:-)
.....
..ass bigntime. What is next? Universal TV remotes?
Hmm... Anyway, I think I got the message, thanks for your comparisons.
I wouldn't be surprised...
If universal tv remote manufacturers are next on the list to be hit by the DMCA
Universal Remotes
Well I guess Universal remotes are next.
This sux
Is the DMCA retroactive?
-snip- I guess the next thing on the list is el-cheapo TV remotes being removed from the market
What's next?
Banning universal TV remote controls?
Does this make my palm pilot illegial?
I can use my palm pilot as a TV remote, is this illegial too now?
Beware: In C++, your friends can see your privates!
And don't forget about IBM and their Universal Bussiness Adapter.
This is absolutely hilarious. They say they spent tons of money building this Rolling Code system, and that homeowners absolutely depend on its security. Yet they conveniently included a backdoor so that the same code will work over and over. But it's a 'synchronization code' so it's not a security hole in their system.
Their implementation is horrendous and practically invites this. If they wanted a secure sytem, the remote could query the opener for a current timestamp, and then it could use that timestamp to generate an appropriate code and send it. To make the code specific to one door, you could enter the serial number of the opener into the remote as a seed for whatever code generating algorithm it uses, just program it once when you first buy it. You can obviously only see the serial number if you're inside the house so that should be pretty secure. It sound like they just have a list of 1000 codes and they go through it in order, which is why they need the synchronization code, in case you hit the button when you're out of range of the door and your remote is on 48 while the opener is on 46.
I especially liked the verbal chicanery, where they use circumvent to mean 'got the door to open' rather than to mean 'break into the list of codes'. If the competing universal remote actually broke into the list of codes (which was encoded or protected somehow) then they may have broken the DMCA, but it seems like they just experimented with sending signals and found one that always opened the doors, it's not even reverse engineering, just discovering an undocumented API. Is a list of numbers even copyrightable? I wouldn't think so.....
I wonder....what if the DMCA had existed in the 80's...could IBM have successfully sued compaq for backward engineering the PC's ROM? Could Apple have stoped microsoft from releasing windows? we might live in a vastly different world. Clones would never have been made...maybe Amiga, Atari and TI would still be making microcomputers!
And what does this mean for my darth maul tie-fighter univeral TV remote?
when I suggested this law might be used against a social engineer. I think companies are looking for ANY way to protect thier cash cows or to even make ANYTHING a cash cow.
I can't wait until going through my office door right behind someone is an offense - since I didn't use my badge.
-------------------
"Don't let what you can't do stop you from what you can do." - unknown
"If you are on fire you can just stop, drop, and roll. If you fall into Lava you are just dead." - my 5yr old daughter
OK I'm a bit confused, eveyone is saying that this is a DMCA case, but when I read the complaint, I don't see where DMCA is explicitly mentioned. I see three patent infringement complaints and one software copyright complaint (in the original complaint). Is the software copyright complaint the DMCA part (even though it mentions the copyright act of '76, or is the entire thing wrapped up under the auspices of the DMCA because of the intent of the offending device? (i.e. circumventing security measures)
Because of the patent claims, couldn't this lawsuit have happened even with DMCA?
If the patent complaints are found valid, isn't this a valid (from a non legal standpoint) action by Chamberlin? If so, then why is eveyone bitching about DMCA?
The DMCA is a law, and as faithful American citizens, it's our duty to obide by it and cherish it, as all laws must be cherished.
Duty to obey it?... maybe. Duty to cherish it?... no way.
The First Amendment is very clear that everybody has the right to petition the government. We don't have to like the laws that are passed. Furthermore we have the right to ask our elected legislators to reverse their previous decisions. And if we really don't like our government the entire lawmaking system can be flushed out within six years or less, with a majority being overtaken in less than four years.
And if the original breaks? Or you want to control 2 garage doors (made by different manufacturers) from one remote?
My old garage door opener was acting irratically, and it wasn't due to low batteries. I bought a new universal remote, coded it, and now I have a 3x the usable range and can control both garage doors if I ever need to.
The remote I had was a replacement remote too. What happened to the original? Hell if I know. I'm the 4th or 5th owner of the house. One of the previous owners could've accidentilly taken it when vacating, run over it, fed it to the dog, or whatever.
And your post got modded up too... how sad.
It seems as though you're setting up a straw man, and I'm not surprised that you succeeded in knocking it down.
...but judging from their description of the cryptosystem...
...its only a half-step up from rot-13.
I'd bet dollars to dimes that the scrambling algorithm is simply an xor of the identification code and the rolling code.... That's not encryption...its a slight mathematical obfuscation.
So you're saying, these guys are so stupid, I bet their encryption sucks. Wow, that encryption really does suck! What idiots!
And if their "scrambling code" is AES, or Skipjack, or Twofish, what then? (OK, so these codes are too new, but even say DES would be much more than enough to secure a garage door opener.)
I'd say XOR is a minor fifth up from rot-13, but that's beside the point. You're right that XOR is woefully easy to crack; in this case there is an easy, short-linear-time attack if you can sniff them once.
I hereby place the above post in the public domain.
I hate to break it to the company that makes these things, but most theives don't have ultra high tech gadgets to get into people garages. They do it the old fashion way. Bust in the side door or window, then press the button inside. Or they break into the car (lots of times unlocked) that's sitting in the driveway and use the remote from the car.
Rolling codes just make sure that your neighbour with the same garage door system (which is everyone in surburbia) doesn't open your door when he comes home and wants to park in the garage. There are only 2 (yes, that is 2) garage door manufactures in the US, and I beleive that Chamberlain makes about 80% of the units (rebranded under other names like Sears) so there is a higher then 50% chance all your neighbors have the same/simlar units from the same manufacturer.
See, it's mine. I can do with it what I want.
Laws that remove rights to "protect us from ourselves" are often ignored because of the dictates of common sense. For example, here is a list of the laws I have broken this morning:
1. This morning I shoveled my driveway and threw some of the snow into the road.
2. I also threw some of the snow on the sidewalk.
3. I failed, however, to shovel out the area near the fire hydrant in front of my house.
4. I then proceeded to start my car and loudly rev the engine several times to warm it up a little. (Local noise ordnance forbids doing this.)
5. My car is missing one of the turn signal lenses, but I drove it anyway because it wont come in until tomorrow.
6. I exceeded the speed limit numerous times so as not to impede the flow of traffic, which is also illegal.
7. I failed to use my turn signal on a number of occasions, seeing as how it doesnt have a lens anyway.
8. I threw an apple core out the window into a large field.
9. I parked in a spot labeled "patient parking only" even though I am an employee, since every employee spot was taken.
10. I threw out a soda can because we dont have any recycle bins at work.
11. I listened to several MP3s ripped off of CDs of friends.
12. I used some windex in a manner inconsistant with its labeling.
I'm sure I've done even more "bad" things, but those probably demonstrate the most blatant disregard for the laws that I am supposed to hold so dear.
Honestly, I doubt there many persons in America, lawmakers/enforcers included, that would not be guilty of breaking some of the laws that violate common sense.
If you bought a garage door, by god its yours and you can paint it whatever color you want to. Living in fear of the consequences of using your own property, in a way that does not harm others, is a product of mass paranoia manifested in lawmakers extreme knee-jerk reactions to local upsets or other tragedies. My observation is that the larger the tragedy/upset, the more extreme the reaction.
Ahhhh, the land of the free...
[sig]you really dont want the answers, trust me[/sig]
EU has already adopted the DMCA (under a different name, InfoSoc).
It still needs to be made into law in the individual member nations, so far only Denmark and Greece have implemented it.
Hi, there's a bit on the web about it, check out this link, it seems the DMCA can "outlaw" numbers :)
i llegal-primes.html
http://www-2.cs.cmu.edu/~dst/DeCSS/Gallery/Stego/
RJ
Last.fm - join the social music revolution
But they can sue YOU for telling us all about this circumvention technique. After all, the BF1942 CD has "substantial non-infringing use"... But you chose to tell us how to utilize its one infringing use :-)
Freedom: "I won't!"
You're talking about an original work of authorship, which is encoded as a list of numbers. The fact that it's encoded in binary format doesn't change the fact that it's an original work of authorship.
1, 2, 3, 4 is not an original work of authorship. If you could use some weird encoding mechanism to turn the windows code into exactly that list '1, 2, 3, 4' that would have no effect on my ability to use the list 1, 2, 3, 4 for my own purposes.
The door opener company was claiming that their software code was copyright which i don't deny, but seemed to be confusing that with a list of numbers contained within or produced by that software - and that piece I don't think can be copyrighted. If I use a luhn checking script to generate all possible Visa card numbers, can I copyright that list and sue Visa for issuing cards with numbers that appear on that list? That seems to be what this company is doing.
I read 80 posts and no one has grasped the one legitimate complaint that I see. The use of the Skylink universal remote stops the code from rolling, reducing the security, without informing the buyer, and potentially tarnishing the image of the Rolling Code Security System, because the Skylink remote uses the same codes every time.
All the patent infringement claims, and the DMCA claim look bogus to my untrained eye, but Skylink IS doing something wrong: they are not telling the customer the entire truth. IMHO, the best result would be for the courts to force Skylink to tell customers that their products disable the Rolling Code Security System in order to interoperate.
Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.