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Testing Microsoft And The DMCA

sproketboy writes "I found a great piece about an MIT student and his XBox hacking over at news.com. Apparently he can't get his how-to book published do to fears with DMCA. I hope he at least can get it publish in China or Russia where people have some freedoms left. ;)." The student is doctoral candidate Andrew "Bunnie" Huang, the same hacker Microsoft declined to stop last August from presenting a paper on insecurities in the Xbox hardware.

8 of 281 comments (clear)

  1. Russia does nowdays by maedls.at · · Score: 5, Insightful

    less spying on ther citizens than USA do. Look on the development since 9/11... I just say: Developing brainscans on Airports... great idea.

  2. Implications. by Anonymous Coward · · Score: 5, Insightful

    The X-box has been accused by many of being a test run for DRM technologies; i.e., it's a completely locked-down, intellectually hermetically sealed box on which Microsoft has Power Absolute.

    This guy is now pushing out a book on x-box hacking and MS is not doing anything. While his problems publishing it is speaking volumes as a concrete example of how real and present the whole "chilling effect" meme is on defeating free speech, the point remains that he is refusing to be deterred and forcing this book through come hell or high water.

    And MS, realizing if they try to get a book banned because it talks about their video game system, they'll face public backlash, they'll have the EFF go "holy shit this is the big one", and they'll lose after years in the supreme court after having being hurt more by the case than the PHD student... is not taking action.

    So, here's my question: in six or seven years, someone is going to write a book about Palladium, and all known ways to hack it. And either it will end any use of Palladium as a security technology (though probably preseving its use as a monopoly prolonger)... or MS will try to have this book banned.

    Is there going to be any difficulty for MS, if they try to stop the book on palladium hacking then, considering that they didn't stop the book on x-box hacking now? Are they setting any kind of precedents that people can point at in the future and say "look, if XYZ is illegal, then why wasn't that x box book in 2003 illegal?"

  3. Re:No... by Anonymous Coward · · Score: 5, Insightful

    It's called censorship. There's also Freedom of speech in other countries even though americans don't seem to think so. Come on, you have to realize that you live in a country where the companies and the government run you, not the other way around. And there's not much freedom in that. The government just makes you focus on your Freedom of speech when your freedom gets restricted more and more every. And what about a law. An unethical law doesn't make it more correct. Does it?

  4. Re:... where people have some freedoms left by JaredOfEuropa · · Score: 5, Insightful

    "What kind of "freedom" does a citizen have in a communist country?"

    The same freedoms that citizens enjoy in every other country: everything, except those things forbidden by the laws made by your government. We citizens of democratic countries can choose our own governments and thus have some influence over what laws are passed, but that influence is very limited. Politicians do not necessarily always have our interests at heart, or your individual interests may be different to those of the voting mob.

    The US is an excellent example of a country where laws are being passed (DMCA etc.) that seem to benefit a small special interest rather than the general public. You have the freedom to choose your own government, a freedom that the Chinese lack. But I bet that in China you are free to publish any paper on Xbox modding that you can come up with. The Chinese government could forbid it and there would be little that their citizens could do about it, but they haven't done so.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  5. Ironic... by blincoln · · Score: 5, Insightful

    ...that US publishers now feel like they can't distribute books on hacking hardware, despite the array of them on other topics like:

    - Building unlicensed automatic weapons and explosive devices

    - Converting post-ban assault rifles for fully-automatic operation

    - Breaking and entering

    - Creating a counterfeit identity

    I guess it's like the view that violence in a film is more appropriate for a wide audience than sexual content.

    --
    "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
  6. Re:Free Speech? WTF?? by Anonymous Coward · · Score: 5, Insightful

    HOW THE FUCK IS HACKING AN X-BOX A RIGHT PROTECTED BY THE FIRST AMENDMENT??? Why do people who do something illegal always try to defend their act by claiming their actions are protected SPEECH!


    If I own the damn hardware, I should get to do what I want with it. Including hacking it. It shouldn't be illegal - that's rather the point...

  7. Re:... where people have some freedoms left by donscarletti · · Score: 5, Insightful
    China and Russia have been seen as the epitomy of opressive totalitarian states in the twentieth century. The author was just being ironic.

    But anyway, both communism and capiltalism are simply alternatives, industry in communist countries is owned and controlled by the government, in capitalist countries it is controlled by the corperations. In communist countries the laws are tightly controlled to benifit the governement, and, not suprisingly, the laws in capitalist countries are beginning to be tightly controled to benifit the corperations.

    It is true that capitalism had allways been seen as connected tightly with freedom, but we must remember that during the early USSR, the people had unprecedented freedom, it just seems that capitalism takes a little longer to degenerate into a dictatorship.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
  8. Re:... where people have some freedoms left by JaredOfEuropa · · Score: 5, Insightful

    "A communist country explicitly subordinates the economic interests of an individual to the economic interests of the people as a whole."

    Whereas in a democracy, individual interests may be subjugated to the interests of the mob, the interests of elected representatives (or their pals), or the fad of the day ("protection against terrorists"). Democracy does not equal freedom; one can imagine a democracy where everything is decided by majority vote: laws, policies, but also what clothes will appear in the stores this summer, and what will be for dinner this evening. I exxagerate, but the point is that freedom does not follow automatically from democracy, but is derived only from limitations placed on what the government can and cannot do. Look at Afghanistan where an oppressive government of religious fanatics was voted in, by a majority who knew full well what they were voting for. If you happened to be a woman in that country who did not wish to have to cover her head in public, you'd be shit out of luck despite the fact you'd be living in a democracy.

    Democracies tend to place the emphasis on individualism, as opposed to communism favouring collectivism. But democracies can and do go overboard sometimes on regulations and laws that severly limit our personal freedom in favour of a (sometimes very tenuously) alledged Greater Good.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...