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SunnComm Says Pointing to Shift Key 'Possible Felony'

The Importance of writes "A couple of weeks ago BMG released an audio CD with a new type of DRM. Earlier this week, a computer science graduate student at Princeton wrote a report showing the DRM was ineffective - it could easily be defeated by use of the 'shift' key. The stock of the DRM company (SunnComm) has since fallen by 20%. Now, SunnComm plans to sue the student under the DMCA and claim that SunnComm's reputation has been falsely damaged. According to SunnComm's CEO, 'No matter what their credentials or rationale, it is wrong to use one's knowledge and the cover of academia to facilitate piracy and theft of digital property.'"

29 of 1,217 comments (clear)

  1. This is nuts by phoneyman · · Score: 3, Informative

    Disabling autorun via the use of the Shift key is pretty well known, isn't it?

    I recall a post on /. pointing out that the use of the Shift key would probably disable this kind of copy "protection" when the story about this "system" was first posted.

    Pierre

  2. Re:he-he by Anonymous Coward · · Score: 1, Informative
    Precedence

    Precedent!

  3. 20% stock drop = 4 cents by sakusha · · Score: 4, Informative

    STEH currently sells at 11 cents per share, a 20% drop means it's down from 15 cents. This is a low-end penny stock, almost completely worthless even before the alleged "damage." Any amateur spammer could move this stock more than 4 cents with even a badly executed pump and dump.

  4. Legal defense fund? by Angst+Badger · · Score: 2, Informative

    Does this guy have a legal defense fund? If he does, I'll gladly donate the $25 I was going to spend on CDs this month.

    Oh wait, make that CD. You can't buy two CDs for only $25.

    --
    Proud member of the Weirdo-American community.
  5. The ought to read MS Support Doc Q126025 by JenovaSynthesis · · Score: 2, Informative

    Those *SAME* instructions are there. Posted over 2 years ago. http://support.microsoft.com/default.aspx?scid=kb; en-us;126025

    --
    Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
  6. Best thing to do is Send them an email by Anonymous Coward · · Score: 1, Informative

    Use the address for investors.
    investor@sunncomm.com

    I sent them an email stating simply that they are doing a disservice to thier clients and the artists they represent by making such an easily defeatable "encryption" system and that you'll check for and never buy a product using thier systems.

    Having it rely on a default setting in the OS is just plain stupid.

  7. Re:So I guess... by EngMedic · · Score: 4, Informative

    yes there is. he specifically states in his paper that he never agreed to the EULA for the DRM program -- he actually states that he can only speculate on it's inner workings because he never installed the thing.

    so basically, he's being sued even though he didn't do anything to their DRM software at all.

    --
    filter: +3. Hey, look! all the trolls went away!
  8. Just had a conversation with them... by eyv · · Score: 4, Informative

    I just called the company. I first talked to a woman whose name I did not get (she answered the phone), and she transferred me to someone else, who introduced himself as "Bill". I believe him to be the COO, Bill Whitmore. We had a rather long conversation about the press release and how SunnComm feels about the information being published. Yes, they did "threaten" Alex with DMCA charges, and they may or may not report this for investigation, but from what Bill told me, they have no plans to file suit against Alex Halderman. I'm not sure if Bill agreed with me that the press release was rather extreme in its implications, but I think he acknowledged something to that fact. don't hold me to that. Bill did, however, seem upset that Alex did not contact the company first, before releasing this information to the world. Perhaps they would have threatened him, perhaps they would have offered him a chance to help fix the problem (Bill said the latter). I don't know. Bill also said that while "all software solutions can be bypassed", his company was trying to create a "licence system" for people to listen to their music legally, without "having to make copies" of it in an illegal manner. So, he said, this is not really a software anti-copying solution, but more of a licence framework for the use of the music. That was what was said, to the best of my recollection.

  9. Maybe they should sue Slashdot by batgimp · · Score: 5, Informative

    When /. covered the story originally, one poster half seriously suggested (and got modded informative) using the shift key to defeat the protection. Hmmmmmm. See this comment. /bg

  10. Re:What total bullshit by kylus · · Score: 5, Informative
    Bingo. Do what I did: call them and tell them you think this is bullshit. Office phone: 602-267-7500 Email: investor@sunncomm.com

    Tell them what I told them: the use of the DMCA against a student who exercised his right to free speech and his right to publish an academic paper has made me strongly decide not to invest in their company, and tell most people I know to avoid their stock like the plague.

    On a side note, wasn't the DMCA supposed to specifically protect academic research? Of course this same question was asked when SDMI pulled this shit too, so I guess we all know the answer.

    --
    --Kylus
    Idiot-proof something, and Life will build a better Idiot.
  11. Re:Cannot use stock market as evidence by Performer+Guy · · Score: 2, Informative

    Yea, besides, the fact that the truth hurts your company should not restrict my freedom to speak it. What an insane view of the world these idiots have.

  12. Mod Parent Down by SendBot · · Score: 2, Informative

    4,134,800 "penny" stocks add up to quite a bit. From the FA: SunnComm believes that by making erroneous assumptions in putting together his critical review of the MediaMax CD-3 technology, Halderman came to false conclusions concerning the robustness and efficacy of SunnComm's MediaMax technology. Based on several of these incorrect assumptions, Halderman and Princeton University have significantly damaged SunnComm's reputation and caused the market value of SunnComm to drop by more than $10 million.

  13. divergent paths in a yellow wood by MegaFur · · Score: 3, Informative

    either pressing the shift key doesn't do a damn thing, in which case the student "falsely damaged" their reputation but did not violate the DMCA, or pressing the shift key breaks their 'copy protection' scheme, in which case he may have violated the DMCA but he did not damage their reputation, their lame product did. But not both.

    But the way our legal system works, they can go on claiming both for a while until it looks like they are for sure going to lose/win one claim or the other. Then they can drop the claim that's not working for them. It's all lawyer games. (NOTE: IANAL and NBAYROS (Never Believe Anything You Read On Slashdot))

    --
    Furry cows moo and decompress.
    1. Re:divergent paths in a yellow wood by Listen+Up · · Score: 2, Informative

      Actually, you should be some of the things you read on Slashdot. Some of the people, myself included, try to post very honestly and to the best of their knowledge and abilities. Although most of the posts are opinion or just plain crap, not all of them are, and if you are intelligent you will be able to tell the correct, honest answers from the rest.

      I have actually found some incredibly useful information from posts on Slashdot.

    2. Re:divergent paths in a yellow wood by jhylkema · · Score: 2, Informative

      Quoth the poster:

      ...they will be driving the student into bankruptcy from legal fees due to nonsense claims such as this, thereby serving as a warning to anyone else who might consider pointing out that the Emporer does not have any clothes.

      Well, not so fast. I am not making this up, it's on their site:

      SunnComm Technologies, Inc. is a Phoenix, AZ company whose stock is publicly traded in the Over-the-Counter (OTC) market under symbol STEH. Our 3-year old company is currently in the development stage of its life cycle and, to date, has earned only insignificant revenue from sales of its products.

      It is the intention of management to remain a non-reporting company listed on the "The Pink Sheets" until such time as the company reports significant sales of its technology . . . However, this means that you, the investor or interest-holder, will not be afforded public access to regular company audits and therefore you must solely rely on the company's press releases, news stories, or other publicly available information.

      Besides making Enron look like a good investment, they may very well not have the cash to initiate a court battle. In which case, not for the first time would cooler heads prevail. These guys don't have the resources to mount a SCO-esque "we'll sue you until you buy us out" campaign.

      As for suing the student, RTFA and you'll see that they mentioned the student AND Princeton. Here again, Princeton has the jack to mount a legal battle, SunComm doesn't. And Princetion might very well defend the student.

      Any way you slice it, this does not bode well for the fledgling fair-use-rights infringers. I think they're more pissed at this guy putting the kibosh on their pump-and-dump scheme.

  14. Re:Perfect test case... by Anonymous Coward · · Score: 1, Informative

    That little cutie on TechTV (Jessie) did a story on this too. Maybe they're going to sue and arrest her for broadcasting this "circumvention device" to the public?

    I'm not sure how the shift key is a circumvention device here though. Holding the SHIFT key down to prevent a CD from autoloading is documented in Windows help, windows tech sites, tip books and microsoft's manuals and website themselves.

    This doesn't "cirumvent" anything anymore than simply not putting the CD in your computer woudl "circumvent" anything.

  15. Re:Just a guess... by SiliconEntity · · Score: 2, Informative

    That is a BIG assumption saying they can't win!
    Tell that to Dmitry and his employer!


    Good news! Dmitry and his employer won!

  16. Say it with me now... by Dagmar+d'Surreal · · Score: 5, Informative

    We tah ded.

    Considering that this is a documented feature of Windows which is has already been published all over the Internet as a quick way of squelching the AutoPlay feature and an attempt at a lawsuit on these grounds would have a snowball in Hell commenting, "Wow! That was over with fast". Searching for this information is ridiculously easy...

    Sample Google Search #1
    Sample Google Search #2

    ...and for once, a lawsuit clearly filed for the purposes of harassment is highly likely to result in a successful counter-suit for damages, simply by the fact that this is a documented feature of Windows. Demonstrating that SunnComm's suit had absolutely no merit on the basis that the information in question was already common knowledge should be a walk in the park.

    DMCA "Violation" #1
    DMCA "Violation" #2

    What makes this especially stupid is that they'll be suing someone who has very little (if any) money, although I imagine that may well change after the counter-suit. If the people at SunnComm weren't complete idiots, they'd go after someone who has money, like Jeffrey Richter, who writes books on using Windows as well as articles for the MSDN network and who already published this information in 1998.

    Yet Another DMCA "Violation"

    I know what you're thinking right now, but even really stupid companies don't try to sue Microsoft over things this trivial.

  17. Re:Countersue for tresspass by jcbnetwork · · Score: 3, Informative

    Actually, if you read the original paper that the student published, you will realize that CD case stated that it would install software when you tried to play it on a PC.

  18. about face by HoldenCaulfield · · Score: 4, Informative
    interesting quote from this article

    By publishing a "work around" for the CD copy protections, Halderman might have exposed himself to risk of procecution under the Digital Millenium Copyright Act (DMCA.) SunComm president Peter Jacobs reports that they have no plans to pursue such a case, however, saying "this isn't one of the weighty issues of the world


    amazing how the position has changed so rapidly (the above article was from 10ish EDT on the 8th)
  19. Re:Countersue for tresspass by HoldenCaulfield · · Score: 2, Informative

    actually, according to the Register article you have to click "yes" to an EULA before it installs the copy protection program . . .

  20. Re:SunnComm == ZomboCom ? by adamthornton · · Score: 2, Informative

    Not exactly.

    Princeton does not have any professional schools. There is no "Princeton Law" as there is, for example "Harvard Law."

    However, Princeton, unlike many universities, actually has a rather strong tradition of backing up its faculty members against stupid-ass lawsuits. They've supported Ed Felten, and I can report that, as a graduate student, when I was harrassed and threatened with a lawsuit by net.kook Right Reverend Colin James III, they assured me that not only had I done nothing wrong, but that should he actually bring his threatened legal action, the University would stand behind me.

    And Princeton has got *quite* deep pockets.

    SunnComm doesn't realize yet that it probably picked the wrong target to threaten.

    Adam

  21. Re:Countersue for tresspass by santos_douglas · · Score: 2, Informative
    Actually, the user should know:
    The following text is printed at the bottom of the back cover: THIS CD IS ENHANCED WITH MEDIAMAX SOFTWARE. Windows Compatible Instructions: Insert disc into CD-ROM drive. Software will automatically install. If it doesn't, click on "LaunchCd.exe." MacOS Instructions: Insert disc into CD-ROM drive. Click on "Start." Usage of the CD on your computer requires your acceptance of the End User License Agreement and installation of specific software contained on the CD. Windows System Requirements: Windows 98/2000/XP, Internet Explorer 5.5 or later, Windows Media Player 7.1 or compatible player. Mac System Requirements: Mac OSX 10.1, Power Mac G3/G4, iMac, eMac, Powerbook G3/G4, iBook with 128 Mb of RAM, Windows Media Player for Mac OSX, Internet Explorer 5.2, Monitor capable of displaying 800x600 screen resolution & 256 colors (64K colors recommended), 12x or faster multi-session-enabled CD-ROM drive, Flash Player 6. Digital files on this CD will also play on portable devices supporting secure WMA files. Certain computers may not be able to access the enhanced portion of this disc. None of the manufacturers, developers, or distributor make any representation or warranty, or assumes any responsibility, with respect to the enhanced portion of this disc. The "Compact Disc Digital Audio" logo is absent from the printed jacket and the face of the disc, but it is embossed in the plastic on the inside of the jewel case. The CD itself bears the warning: "This disc is protected against unauthorized duplication."
    from the original paper.
  22. Microsoft published DMCA circumvention how-to! by DaveAtFraud · · Score: 2, Informative

    Microsoft's how to for disabling autorun. This how-to is also quoted as a link in the original publication and holding down the shift key is probably easier for most people but its fun to make sure that all those who would circumvent the DMCA are known to the appropriate authorities. (Bill should call his lawyer)

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
  23. RT(f)A by blunte · · Score: 2, Informative

    But if you read the article, they didn't claim that his revelation about the shift key was the DMCA violation.

    They said, "Halderman has violated the Digital Millennium Copyright Act (DMCA) by disclosing unpublished MediaMax management files placed on a user's computer after user approval is granted."

    They're still total, utter morons, and they deserve to see their stock tank, and then get delisted :)

    --
    .sigs are for post^Hers.
  24. Re:SunnComm == ZomboCom ? by Florian+Weimer · · Score: 4, Informative

    Pressing the shift key is not a violation of the DMCA. Telling someone to press the shift key is a violation of the DMCA.

    It's not about the shift key, it's about deleting a few files from your own computer. SunnComm doesn't believe you are allowed to remove the Trojan Horse they put onto your computer. It's far from obvious if they are wrong or not, as the Trojan Horse is certainly an effective way to restrict copying on a machine on which it has been installed.

    (This reminds me that I should write an IETF draft for a very simple DRM scheme for HTTP which relies on the DMCA and other laws for effectiveness.)

  25. here's an update. by qcubed · · Score: 2, Informative

    sunncomm says it won't sue. guess they finally saw reason.

  26. SunnComm CEO changes his mind by taubz · · Score: 2, Informative

    See this Daily Princetonian story for an update.

    SunnComm's CEO decided late last night to change his mind. "I don't want to be the guy that creates any kind of chilling effect on research," he said.

  27. Re:Start shooting. by crawling_chaos · · Score: 2, Informative
    Battle not with monsters lest you become one. And if you gaze for long into an abyss, the abyss gazes also into you
    -- Friedrich Nietzsche

    The hate you spew makes you no better than the man you condemn, despite the fact that he is demonstrably the worst President we've had since Nixon. The solution of the radical is always to kill what they fear, never realizing that eventually the guillotine will claim them as well.

    PS: You still haven't explained how death threats are "civilized."

    --
    You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
    -- Colonel Adolphus Busch