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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.'"

128 of 1,217 comments (clear)

  1. SunnComm == ZomboCom ? by jamie · · Score: 5, Funny
    I think these two websites were separated at birth:

    http://www.sunncomm.com/index2.html

    http://www.zombo.com/

    1. Re:SunnComm == ZomboCom ? by MikeXpop · · Score: 2, Funny

      I love zombocom. Perfect parody of oh so many sites that have excrutiatingly long flash intros. It's great when someone annoying asks for a link on where to buy something.

      Annoying person: Hey, do you know where I can buy [insert obscure product]?

      Me: I think they sell one of those over at Zombocom. [link] Just wait past the flash intro

      Works every time.

      --
      Etiquette is etiquette. He kills his mother but he can't wear grey trousers.
    2. Re:SunnComm == ZomboCom ? by Rick+the+Red · · Score: 4, Insightful
      Pressing the shift key is not a violation of the DMCA. Telling someone to press the shift key is a violation of the DMCA.

      But they can't have it both ways -- 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.

      --
      If all this should have a reason, we would be the last to know.
    3. Re:SunnComm == ZomboCom ? by tyroney · · Score: 3, Funny

      I was power-browsing, and went to open a few new windows... unfortunately I was in IE at the moment. And on my zombo.com window. So I wound up with multiple windows going at the same time... talk about some trippy echo effects. I'm going home now.

    4. Re:SunnComm == ZomboCom ? by rifter · · Score: 2, Interesting

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

      But they can't have it both ways -- 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.

      I hope he countersues them for millions and wins. They have essentially claimed he is an idiot and that his paper is wrong. Well if his paper is wrong then it should be simple to find out by trying to repeat his experiment. I am reasonably certain of the outcome of that. This is a frivolous lawsuit by an idiotic company. They were proven scientifically to be idiots by a scientist and then further exacerbate their idiocy by suing instead of trying to fix their bullshit technology. Idiots!

    5. Re:SunnComm == ZomboCom ? by oobar · · Score: 3, Funny

      Heh... that's hilarious. It almost sounds like they got MojoJojo to do the voice over. Now that would rock.

      And sunncomm's site? Holy jesus, that's ugly. It looks like one of those garish monstrosities from when the web was first blessed with the "<blink>" tag. How could anyone take that flashy garbage seriously?

      And I really want to know if there's like a class or something that everyone takes in design school, titled "How to use stock pictures of overenthusiastic women with fisheye distortion to sell your product." It seems to be a staple of crappy ad copy, the "hot chick" in a distorted picture that overemphasises the tired, fake facial expression.

    6. 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

    7. Re:SunnComm == ZomboCom ? by gladbach · · Score: 3, Interesting

      the funny thing is, is that this ars technica article on the original subject quotes a bmg rep saying that they fully knew that holding the shift key would get people past it...

      http://arstechnica.com/archive/news/1065630292.h tm l

      so if they knew it was weak/useless, then why did they release it? And how could they get pissed when someone points out how weak it is???

      --
      "Computer games don't affect kids; I mean if Pac-Man affected us as kids, we'd all be running around in darkened rooms,
    8. 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.)

  2. he-he by Anonymous Coward · · Score: 3, Interesting

    told ya

    Precedence set by Sklyarov trial.

    1. Re:he-he by Nucleon500 · · Score: 2, Funny

      what has the world come to?

      i sincerely hope you used the alt-077 keystroke to type your question mark. i've decided to not use upper case or shifted keys at all to avoid legal hassles. forgive the bad quoting, i had to use code instead of html because tags are now illegal to type.

  3. Perfect test case... by citabjockey · · Score: 5, Interesting

    to see if DMCA really has merit in the courts. This is so nutty its unbelievable.

    1. Re:Perfect test case... by Smidge204 · · Score: 4, Insightful

      No, I can believe it... 'Rediculous' would be a better word. Why don't they sue Microsoft for making the Shift key circumvent the auto-run feature to begin with?

      In a sensable world, they would have to prove beyond all doubt that the student made the report with full intention to facilitate piracy, and not simply "Hey guys, this software is crap and here's why"

      I hope they don't expect their stocks to go back up after filing this lawsuit!
      =Smidge=

    2. Re:Perfect test case... by egburr · · Score: 4, Insightful

      I have auto-run turned off. I did it with tweakui which microsoft provided. I assume this means the CD will always be easily copyable on my computer with the extra effort of holding down the shift key. It sure was nice of microsoft to provide me with this nifty circumvention.

      --

      Edward Burr
      Having a smoking section in a restaurant is like having a peeing section in a swimming pool.
    3. Re:Perfect test case... by seanadams.com · · Score: 3, Funny

      This is so nutty its unbelievable.

      That's not coffee!!!

    4. Re:Perfect test case... by jawtheshark · · Score: 5, Insightful
      I don't need TweakUI for that. Using regedit just does fine:

      HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Servic es\Cdrom

      Set the Autorun key to 0. Done. One of the first things I do on any machine I install or have to use. I absolutely hate Autorun and find it one of the most useless "innovations" of the last decade.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    5. Re:Perfect test case... by GoofyBoy · · Score: 2, Funny

      I use Linux. I eagerly await my court summons.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    6. Re:Perfect test case... by Anonymous Coward · · Score: 5, Funny

      Please contact compliance@sco.com

    7. Re:Perfect test case... by frodmann · · Score: 3, Funny

      My linux install doesn't have an autorun feature. Do I need to install extra software to enable their copy protection.

    8. Re:Perfect test case... by Anonymous Coward · · Score: 3, Funny

      Expect to be sued tomorrow.

    9. Re:Perfect test case... by NanoGator · · Score: 2, Insightful

      ' It sure was nice of microsoft to provide me with this nifty circumvention."

      Too bad the circumvention came before the protection scheme.

      --
      "Derp de derp."
    10. Re:Perfect test case... by ConceptJunkie · · Score: 4, Funny

      No, that award would go either to "peronsalized" or "randomly hidden" menus, or even worse the Angry Fruit Salad that is the Windows XP default user interface (code name: Playskool)

      No, wait, the real winner is hiding file extensions by default. _That's_ the most useless innovation.

      New user: Gee, there's three icons called "setup". I don't know what these cryptic little icons mean.

      Microsoft: But file extensions are confusing, and at Microsoft we stole^h^h^h^h^h learned a trick from Apple: Anything that confuses the user should simply be hidden.

      New User: Then explain why you completely and arbitrarily rearrange Windows configuration every two years. And what about wireless setup on XP... it's cryptic _and_ useless. Why can't _that_ be easy?!

      Microsoft: Shut up, that's why!

      --
      You are in a maze of twisty little passages, all alike.
    11. Re:Perfect test case... by Amorpheus_MMS · · Score: 2, Funny

      >I absolutely hate Autorun and find it one of the
      >most useless "innovations" of the last decade.

      Because when you put in a CD, you usually don't want to do anything with it? :)

      (XP even has content specific autorun actions, which is neat.)

    12. Re:Perfect test case... by GreyPoopon · · Score: 5, Insightful
      Too bad the circumvention came before the protection scheme.

      You've latched onto something important. Everybody is focusing on how idiotic suing someone over the shift key is, but they haven't read the original paper. The paper is chock full of an explanations about how to defeat the copy protection scheme. Prime fodder for trial by DMCA. However, since the copy-protection scheme relies on a mechanism within windows that has historically been frequently disabled by many users, the history of such may be used in defense of the author. The author did not actually do anything to disable the copy protection. He merely pointed out that protection method wouldn't work on a significant number of machines right out of the box.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    13. Re:Perfect test case... by DoraLives · · Score: 3, Insightful
      Because when you put in a CD, you usually don't want to do anything with it?

      Because when I put in a CD, *I* plan on making the fucker do what *I* want it to do, run, or not run whatever's on it that *I* decide, and do all that precisely whenever *I* so choose, as opposed to rolling over and playing dead for the Mighty Gods of Software, who must surely know what's best for me, my family, and my nation.

      --
      Is it fascism yet?
    14. Re:Perfect test case... by Zakabog · · Score: 2, Insightful

      Dude it's easier just having it automatic. You don't go up to a sliding door at a supermarket and say open to tell it that you absolutely want it to open. And if you do want that option, that's fine just put it in at your supermarket, but don't take the option away from everyone else because YOU feel it's stupid. It's not that hard to disable autorun on your own computer so there's no real reason to have it taken completely out.

      If you worked at Dell or Gateway for tech support you would love autorun, you can just tell your client "Ok stick in the CD and wait for this dialog to pop up." And you know it will pop up because the computer came with auto run. And if it doesn't pop up the user knows enough to load their own CDs, either way it makes your job easier having it their instead of having no option at all.

      Besides, being a moron would be to say that every user can handle a "OK/Cancel" screen, we all know that most users will be to stupid to hit OK because they think "Hey it's installed I should hit cancel so it doesn't install again." Then they sit and wait for it to pop up with the Play dialog (usually after you install a game or something like that it'll switch from Install to Play making it incredibly easy on the user.) Besides having two dialogs like that would be a bad UI design.

      And if this was such a great idea, why don't hardware CD players have "autorun"? I have three of these and all of them require me to hit play before they play the disk I inserted (granted some have autorun, but at least 3 dont).

      Dude right their you say "Well hardware CD players don't have autorun because it's a dumb idea" and right after that "Well some do have it but mine don't." Every CD player I've ever used had auto run. I've had at least 4 stereos, and 6 car stereos (purchased 4 cars with CD players, bought 2 new head units with CD players.) So from that logic (my 10 stereos to your 3 and I didn't even include my DVD player or VCRs which all have autplay) autorun is a very good idea.

    15. Re:Perfect test case... by siphoncolder · · Score: 2, Interesting

      I rather like autorun - it does exactly what it should do, which is save me a step when I put a CD in the tray. If I suspect there's something on the CD that I don't want to run, I hold shift. That saves me far more time than mousing around to run a program that'll access my CD - EVERY TIME I insert a CD.


      It's certainly not a useless innovation. I reserve that honor for the Object Packager application from Windows 3.1 .

      --
      i'm amazed that i survived - an airbag saved my life.
  4. Suing the wrong person by Anonymous Coward · · Score: 2, Funny

    They need to sue Microsoft for allowing common users to see what services are running. No user has any business looking at what processes are running on their systems.

    1. Re:Suing the wrong person by RevDobbs · · Score: 3, Interesting
      No user has any business looking at what processes are running on their systems.

      Or look at the files on their system, either:

      In addition, SunnComm believes that 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.

      That's like saying "well, the customer bought the damn horse statue, how dare he bitch about the 100 greek soliders hiding in it".

  5. Ever get that by Mr+Guy · · Score: 5, Funny

    April fools in October feeling? Slashdot poll: Initial reaction to SunnComm's suit: 1) You've got to be fucking kidding me? 2) You've got to be fucking kidding me? 3) You've got to be fucking kidding me? 4) You've got to be fucking kidding me? 5) Cowbody Neal has got to be fucking kidding me?!

    1. Re:Ever get that by Tackhead · · Score: 5, Funny
      > [Ever get that] April fools in October feeling? Slashdot poll: Initial reaction to SunnComm's suit: 1) You've got to be fucking kidding me? 2) You've got to be fucking kidding me? 3) You've got to be fucking kidding me? 4) You've got to be fucking kidding me? 5) Cowbody Neal has got to be fucking kidding me?!

      1) What the fuck?
      2) What the fucking fuck?
      3) What the fucking fuck fuck?
      4) Cowboy Neal doesn't even know what the fucking fuck fuck

      (I have no point, I just like banging my head against the desk, screaming "What the fucking fuck fuck?" at the top of my lungs)

    2. Re:Ever get that by EinarH · · Score: 5, Insightful
      The worst part is this:
      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.'
      credentials
      I just want to copy the CD I BOUGHT.

      one's knowledge and the cover of academia
      So becasue some grad student discovered this in "academica" it should have been kept as a secret?

      cover of academia to facilitate piracy
      Yes, we all belive that what he really wanted was to commit "piracy" not to expose some stupid non-working restrictions technology.

      theft of digital property. For the umteenth time: Copyright infringement is not theft.

      This must be The Most Erroneous and Counterfactual statement of the year.
      Darl McBride had some nice rants but this is a masterpiece.

      --

      Melius mori in libertate quam vivere in servitute.

  6. Why not sue Microsoft as well? by Lieutenant_Dan · · Score: 3, Insightful

    After all they built in the ability to bypass the Autorun feature.

    Morons.

    --
    Wearing pants should always be optional.
  7. What total bullshit by 1010011010 · · Score: 5, Insightful

    They're just mad they were found out to be dummies with a broken product, and that their share price dropped 20% when Wall Streeties discovered they were dummies. Solution: sue the guy who said, "the Emperor has no clothes!"

    Stop the ride. I want off.

    --
    Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    1. Re:What total bullshit by fishbowl · · Score: 2, Insightful

      "Solution: Sue the government for being STUPID and making pretty much every citizen in the United States a felon"

      Every few years we get an opportunity to completely overhaul the whole thing from the top down, and you know what happens? Every time, "we" choose the status quo.

      I think for all the ranting and raving on the fringe, the government of the US actually does operate under the informed consent of its constituents. To me, that is a scarier thing to ponder than the "rogue state" theory.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:What total bullshit by Zocalo · · Score: 4, Insightful
      They're just mad they were found out to be dummies with a broken product, and that their share price dropped 20% when Wall Streeties discovered they were dummies. Solution: sue the guy who said, "the Emperor has no clothes!"

      Good analogy. I'm not sure if your Emperor and tailor are the same as mine though. My Emperor is all of the music studios, and the tailor is all the companies peddling this useless DRM crap to them. What amazes me is that the studios don't (or won't) see the way that they are being duped in the same way as the Emperor of the fable.

      Let's face it, a CD with DRM must still work on an audio CD player, no matter what, or there point is no point in producing the CD in the first place, although for some of the pap being pushed at present that would not be a bad thing, but I digress... That means that the raw CD audio data must be accessible to a CD audio drive. If it's accessible to a CD audio drive, then it must *also* be readable as raw data by a CD ROM drive (which is often the same thing anyway), even if you have to resort to a raw sector read. If you can read the CD audio data, then you can create a copy, and guess what? It's just raw audio data! Open it your favorite audio editor as 16bit, 44.1KHz stereo raw audio and you can MP3/OGG it, save it as WAV and burn to CDR, whatever.

      Then again, this is the same industry that's allowing its trade association to sue its own customers. As was pointed out earlier today, this tactic didn't work too well against Henry Ford either. Hopefully this latest debacle might encourage them to see the light, but somehow I doubt it very much indeed.

      --
      UNIX? They're not even circumcised! Savages!
    3. Re:What total bullshit by Trepalium · · Score: 2
      I think for all the ranting and raving on the fringe, the government of the US actually does operate under the informed consent of its constituents.

      Given the voter turnout rate, the US government operates under the sheer apathy of it's constituents. There's two ways to change the government, voting and revolution. One is only slightly less dangerous than the other. Right now, the only "people" voting tends to be corporations, and they're doing it with their money and power.

      --
      I used up all my sick days, so I'm calling in dead.
    4. 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.
    5. Re:What total bullshit by EinarH · · Score: 3, Insightful
      It will be very interesting to see if the DCMA can protect the company from this (and future) disclosure(s). That could indicate that a company with a degraded product can be protected from accusation and disclosure if that hurts them financially.

      If the stock market and their customers don't react to this, but instead accept this as "normal business practise" they could continue to sell their products. Over time this would lead to a sustainable environment for companies that in a "normal" society would have been put out of business.

      If on apply some normal sense of economic theory competition should have lead them to bankruptcy but with the music industry they might be able to coexist. For a while.

      --

      Melius mori in libertate quam vivere in servitute.

  8. Dude, where's my question mark! by Black+Parrot · · Score: 5, Funny


    1. Market defective product
    2. Watch the news
    3. Sue the messenger
    4. Profit!

    This one seems to be a sure thing; no question marks required.

    --
    Sheesh, evil *and* a jerk. -- Jade
  9. So I guess... by inertia187 · · Score: 5, Insightful

    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.

    Magic markers and shift keys asside, I guess using a "slim-jim" to gain access to one's own car is wrong too. The car door was certianly never designed to allow entry using this method. Where's the DMCA when you really need it??

    They obviously have no case, but is there a way for Hamilton to effectively defend himself in case it's allowed to go to trial?

    --
    A programmer is a machine for converting coffee into code.
    1. Re:So I guess... by Reziac · · Score: 4, Insightful

      Clearly this DRM was not tested with the single most common user behaviour (negating autorun with the shift key) -- demonstrating that the designer was less than fully competent. With this in mind, I shall point out that it *used* to be considered good citizenship to expose such frauds, at any level. We used to call it "whistleblowing", but now it's a felony?!! What's worng with this picture??!

      I wonder if the fact that so many companies are making their living selling digital snake oil could be part of the problem -- sue one of 'em, and the whole house of cards could come down around all their ears.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. 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!
    3. Re:So I guess... by El+Cubano · · Score: 4, Insightful

      Clearly this DRM was not tested with the single most common user behaviour (negating autorun with the shift key) -- demonstrating that the designer was less than fully competent.

      Check this out:

      "We were fully aware that if someone held down the Shift key the first and every subsequent time [they played the disc] that the technology could be circumvented," BMG spokesman Nathaniel Brown told Reuters, adding the company "erred on the side of playability and flexibility."

      Not only did they test. They *knew* it could be done and *still* released. They have no room to talk.

    4. Re:So I guess... by Jahf · · Score: 2, Interesting

      I've used a slimjim at least twice to get into my own car.

      My wife works at a mall where the guards use them to let owners into their own cars repeatedly (only for mall employees who have registered their vehicle).

      Your comparison of slimjim users equaling probably thieves is just as flawed as the record labels assumptions about CDs in computers.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
  10. Just a guess... by tkrotchko · · Score: 5, Insightful

    But don't you think this is an attempt at intimidation rather than a real lawsuit? In otherwords, SunnComm knows they can't win, but it looks like they're defending themselves, plus it will prevent other people from even discussing SunnComm for fear of being sued.

    I mean, a judge would have to be wacky to find for the SunnComm if only because:

    1) Microsoft published these directions to bypass the SunnComm protection years ago
    2) The publishing of opinions is generally considered freedom of the press isn't it?

    My first reaction is that this is an April Fool's joke, except its the wrong time of year.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Just a guess... by bklock · · Score: 2

      But don't you think this is an attempt at intimidation rather than a real lawsuit?

      Thats possible, but I think it may actually be an attempt to muddy the story a bit. The story as its been in the media has been pretty simple, and the supposed security is so incredibly simple that everyone sees it as a sham.

      I think they are hoping to turn a corner both in press coverage and public perceptions and turn this into an 'evil hacker circumvented our technology illegally' from an 'assinine copy protection so monumentally stupid a toddler could bypass it'.

      Monumental Stupidity doesn't cut it on Wall Street any more now like it did during the bubble. My only guess is that the company knew how weak its product was and had hoped to pull one over on the public.

      Note how they are not suing Microsoft for designing this 'circumvention mechanism' into windows, but are suing the person who blew the whistle on their technological weakness.

    2. Re:Just a guess... by stevew · · Score: 3, Insightful

      That is a BIG assumption saying they can't win!

      Tell that to Dmitry and his employer!

      I think this might be just the case to take to the congress and point too as something that "chills free speech" Those are 1st Amendment fighting words that MAYBE they'll pay attention too!

      But then I believe in the easter bunny too.

      --
      Have you compiled your kernel today??
    3. Re:Just a guess... by Awptimus+Prime · · Score: 4, Insightful

      I agree with the parent on this. They would be stupid not to file some kind of litigation on this kid. The insiders have to put the brakes on that stock slide ASAP or they will be looking for new jobs in a month or two.

      I know it sucks for the kid who felt all smart about writing his paper, but that's how f*cked our market is right now. If you do anything to hurt any business entity, no matter how silly the issue, expect it to spend resources on trying to make an example out of you.

      By the wording of the DMCA, yes, even suggesting how to defeat that pitiful copy protection is illegal. 'Circumvention' doesn't have to be complex lines of code. It can be and is something this simple. This law has got to go. I am amazed at how little mass media coverage it's gotten. It's one of those issues that isn't just 'geek', it's a serious rights issue that can impact people in ludicrous situations like this one.

      Now, I would just like to be able to legally remove the CD check from my Battlefield 1942 installation. I've got a $450 DVD burner and wasting it's spin-life while the damned game makes sure I'm not stealing every MP game launch and every level change. Have a little respect for me for a change, why don't ya?

    4. 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!

  11. Shareholders need to sue THEM... by MadCow42 · · Score: 4, Interesting

    For gross incompetence... !

    Please tell me this is a "Friday FUnny" (ahead of schedule) or something like that...

    However it could be a good thing: if the DMCA is used to protect this type of trash, people will see it for what it is and MAYBE the law will be shot down for being too broad by protecting dumb-ass business models.

    If the DMCA prevents me from telling someone how to use A BASIC FEATURE OF WINDOWS to prevent malware from being run on my computer, then I'm moving to a different country. (Oh wait, I already did... my VISA ran out!) :)

    MadCow.

    --
    I used to have a sig, but I set it free and it never came back.
  12. Time to do something. by badasscat · · Score: 4, Insightful

    Welp, my letter to Hillary Clinton has already been fired off. Not that my letter alone will do anything, but it's time for people to at least do something, anything at all to try to put a stop to crap like this under the guise of the DMCA. Write to your congress-people, donate to the EFF and ACLU, vote for candidates based on their stances on technology issues rather than their standing in Hollywood... I mean whatever. Get the movement started, for god's sake. This is getting completely out of hand at this point. The USSR is alive and kicking when it's a "felony" to talk about using the shift key on your keyboard. (No Soviet Russia jokes please - I am being totally serious.)

  13. yeah, yeah by thomas.galvin · · Score: 4, Insightful

    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."

    No matter the organization or rationale, it is wrong to use purchased legislation and the cover of law to deprive people of their rights.

    No matter the organization or rationale, it is wrong to use purchased legislation and the cover of law to hide the fact that your product is shoddy, and very likely will not work as advertised.

    No matter the organization or rationale, it is wrong to use purchased legislation and the cover of law to exagerate the dammage caused by saying 'hold the shift key.'

    But who's counting?

  14. At last by grasshoppa · · Score: 2, Interesting

    you too can sue SOMEONE ELSE for a faulty product YOU made.

    You just can't make this stuff up folks.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
  15. New, equally robust copy protection idea by Baron_Yam · · Score: 4, Interesting

    Try telling people that they're not allowed to make copies, or allow copies to be made.

    If anyone lets loose with the secret that hearing a request doesn't force one to obey it, sue 'em under the DMCA. After that, anyone who doesn't obey you is obviously using a circumvention device (their brain), which you can have confiscated by the authorities.

  16. 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

  17. Stolen Functionality by wembley · · Score: 4, Funny

    Everyone knows Apple was using the key to disable system extensions years before MS was.

    After all, how else could you defeat the Oscar the Grouch in the Trash can?

    --

    Share and Enjoy!

  18. I want to call them... by metrazol · · Score: 2, Funny

    ...and tell them I have a shift key and autorun disabled.

    'Ere is the number, J.H.

    SunnComm
    602-267-7500

    [Don't believe me? Look at the press release, near the bottom.]

    --
    "Life's funny sometimes." "And sometimes it isn't." --Cat's Cradle
  19. Re:Or they could learn..... by s20451 · · Score: 4, Insightful

    The moral of this bedtime story is that companies should spend as much on their research department as they do on their legal department.

    Mother nature cannot be appealed (with apologies to Feynman).

    --
    Toronto-area transit rider? Rate your ride.
  20. SunnComm sues Linux users... by Bull999999 · · Score: 5, Funny

    SunComm sues Linux users because its software won't run on Linux based OSes.

    SunnComm CEO: They ought to recomplie the kernel with the support for our software because we all know that you are a pirate if you use any OSes that doesn't use DRM.

    On the other news, SCO sues SunnComm because SunnComm has letters S C O in it and also for violating SCO's patent on stupid lawsuits.

    --
    1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
  21. Countersue for tresspass by SuperKendall · · Score: 4, Insightful

    The CD that you buy is a music CD. Yet the protected CD actually installs a driver on the target computer without the user knowing - there is another type of program that behaves in this way. It's called a virus (ok, really a trojan) and generally the authors get jail terms. Let's try and do the same for these SunnComm people.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. 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.

    2. 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 . . .

    3. 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. Chilling effect by overshoot · · Score: 5, Insightful
    There was much rejoicing in civil liberties circles.

    Here is something that a judge will actually understand: a graduate student publishing a plain-English report of research into DRM being sued (and bankrupted) under the DMCA for pointing out a shift key.

    • No Eeeeeeevil "hackers" at 2600
    • No that-can't-be-speech "code"
    • No funny Commie (Russian) names
    • Nothing for sale, even speculatively
    This is the test case we've been waiting for.
    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Chilling effect by red+floyd · · Score: 3, Interesting

      #include
      #include <IANAL.h>

      Seems to me this guy can file suit against the US.gov to have the DMCA ruled unconstitutional. He certainly seems to have standing...

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  23. So... by TyrranzzX · · Score: 4, Insightful

    Since by pressing the shift key you keep autorun from installing an application, by NOT installing a piece of software on my computer, I am breaking the law?

    This case will answer the question; if you uninstall something, or refuse to install something, does that constitute as a circumvention of the security of digital media (meaning, if you don't view it with a certain app), and hence, is it a felony? This could go as far as to say that by opening a Game cd with the explore function in windows that you are circunventing the copy protection schemes of the game by viewing the raw content, such as movies, without agreeing to the eula (generally, a 2nd time around thanks to package lisencing). Could Trillian be considered circumvention of MS's MSN messanger service? How rediculously far do they want to take this?

    This case is different than skylov's case. Skylov went ahead and (I believe this is the one) broke Adobe's encryption schemes and published the weakness. This is a direct, purposful circumvention. Now we're extending the law to accidental and really nitpicky issues, and forcing the user to do certain things without even really telling them.

    And just think of what corperations like microsoft will do with stuff like this. "Since they had linux installed and since linux ignores autorun, they circumvented the cd copy protection." Can we say "Fok me"? They're getting so far away from what people think is right and wrong. It's getting real ugly now, I'm curious if they'll set a precident for or against the people and how far they'll go with this before they start outright revoltes. Pretty soon cd's will have all kinds of protection schemes, and users won't buy them because they can't do what they want with them. They'll still go for the indie cd's and stuff their friends burn for em'. For those who aren't interent savvy, I hope they have internet savvy friends to teach them.

    Remember this guys, help your buddies, get them setup with p2p apps and talk with them. Teach them how to use a computer.

  24. What About Linux? by jameskojiro · · Score: 2, Funny

    They need to sue linux because you can mount a volume and stip the thing clean. But hey didn't SCO say linux was their code.... I know! They should sue SCO because their code is in Linux! Boy that would be a fun little legal match!

    --
    Tsukasa: All I really want, is to be left alone...
  25. Note this part.. by Anonymous Coward · · Score: 2, Insightful

    I find this part of the CNet article particularly ominous:

    ..Future versions of the SunnComm software would include ways that the copy-protecting files would change their name on different computers, making them harder to find, Jacobs said. Moreover, the company will distribute the technology along with third-party software, so that it doesn't always come off a protected CD, he added..
    Translated: we will call our driver by the same name as legitimate drivers, or whatever name we want; and we will sign shady under-the-table deals with other ISVs to sneak our DRM crippleware onto your computers without you ever realising.

    "I can't rip this CD to make a backup!"
    "Ah, have you ever installed [famous-brand antivirus software / famous-brand office suite by Redmond-based company / Microsoft QFE patch# Q666666]? That means you've now got Suncomm's software on your system.."

    Jeez, it really makes my blood boil. How can these people get away with this?
    If you or I were to write a program that claims to "enhance your computer experience", but which actually cripples the PC in some way, we'd (rightly, IMHO) get the book thrown at us for being malware/virus writers. But companies like this do it, and it's considered so acceptable that anyone criticising it can be sued into oblivion?
    AAAARGH! [hits head repeatedly on keyboard]

  26. SunnComm in the wrong by Dirtside · · Score: 2, Insightful

    Well, at the very least, their case doesn't hold water -- the DMCA requires that whatever the "device" is that you traffic in that lets you bypass encryption (whether it be a physical device, information, etc.), that device must not have substantial noninfringing uses in order to be illegal under the DMCA. Pointing out that the SHIFT key can be used to bypass encryption is absolutely NO different than pointing out that you can use a hammer to break into someone's car. SunnComm hasn't got a leg to stand on.

    This doesn't mean, however, that they won't abuse the court system in the usual ways and come out on top -- but at least we know that cheating is the only way they can win.

    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  27. From Microsoft's website by Bull999999 · · Score: 4, Interesting

    I guess it's time for MS to get sued! Below is for Win 9x, and ME. SUMMARY

    This article describes how to disable the feature that allows CD-ROMs and audio compact discs (CDs) to run automatically when you insert them in your CR-ROM drive.

    MORE INFORMATION

    How to Disable the Feature That Allows CD-ROMs and Audio CDs to Run Automatically

    To disable the feature that allows CD-ROMs and audio CDs to run automatically:

    Click Start, point to Settings, click Control Panel, and then double-click System.

    Double-click the CDROM branch on the Device Manager tab, and then double-click the entry for your CD-ROM drive.

    On the Settings tab, click to clear the Auto Insert Notification check box.

    Click OK, click Close, and then click Yes when you are prompted to restart your computer.

    --
    1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
  28. Read a Whitepaper? WTF? by ChuckleBug · · Score: 4, Insightful

    They're saying that if he had read their stupid Whitepaper he would see that the incredibly obvious shift key workaround wouldn't really have been one? What are they smoking?

    It's as if someone said you can secure your house by tying the door shut with a piece of twine in a bowknot. When people happen to notice you can bypass this fortification by tugging on the knot, the "knot idea" man tells you you'd see that conclusion is erroneous if you read the knots section of the Boy Scout Handbook.

    What really boggles the mind is this:

    Concluded Jacobs, "This cat-and-mouse game that hackers and others like to play with owners of digital property is over..."

    Holding down SHIFT is HACKING? You can't even point out an obvious flaw anymore? "We want to make lame-ass, shitty software, and don't you DARE point that out!"

    1. Re:Read a Whitepaper? WTF? by DaEMoN128 · · Score: 2, Insightful

      Isnt that what MS says about Linux?

      You can't even point out an obvious flaw anymore? "We want to make lame-ass, shitty software, and don't you DARE point that out!"

      Seriously, If Jacobs loses, he should sue MS. They told him how to do it, its in the help files. Just get your money back for the lawsuit plus 5 or 6 hundred thousand for the go of it. While your at it, make it a class action suit . LOL

      --
      Stop signs are only Suggestions
  29. 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.

  30. Stupid Question Time by ShawnDoc · · Score: 4, Insightful
    After reading all of this, I have another one of my stupid questions. The "copy protection" software is a .dll that autoplays when one of their "protected" cd's is inserted. This .dll I'm assuming continues to run, even after you have removed their "protected" CD. So will this .dll prevent you from copying/ripping CDs that are not "protected" or does it somehow know which CDs to "protect"? Will this .dll interfere with other software that uses your CD-ROM drive?

    If it does interefere with other programs that use the CD-ROM drive, can't the government prosecute them for terrorist activity now that hacking has been declared a terrorist activity? After all, they've created a program that tricks users into executing it and is designed to damage the computer's normal functions.

  31. 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.
  32. Re:Or they could learn..... by cgenman · · Score: 4, Insightful

    Sadly, research departments don't seem to be bringing in as much money as legal departments these days.

  33. does that mean.... by rbird76 · · Score: 2, Interesting

    ....that we can only type in lowercase? if the shift key is a DMCA (oops, four counts there) violation, then I guess someone is going to have to make a very large keyboard for standard use...

    I think this is one of the few legitimate arguments aganst education - with education, morons like this can run a company, hire lawyers, write legislation (and crappy DRM) and get rich doing it.

  34. 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 :)
  35. "We'll fix it later" != security by ottffssent · · Score: 3, Insightful

    From the article:
    "He said the company was also exploring a civil suit based on damage to the company's reputation, since Halderman concluded that the technology was ineffective without knowing about future enhancements."

    So 'future enhancements' make current technology effective? What kind of bullshit is that? That's like saying Windows is secure because it'll eventually be fixed, and there are millions of people whose computers got hit recently who know that's about as effective a security measure as the rhythm method.

    1. Re:"We'll fix it later" != security by TPFH · · Score: 2, Funny

      In this case 'future enhancements' means that they are going to break into people's houses while their out and install the software on their computers for them.

      Anyone trying to uninstall the software afterwards will be in volation of the DMCA.
      Anyone reporting someone breaking into their home will be in violation of the USA PATRIOT Act.

      --
      This signature used to contain a cute kitty virus with ansii art. Please set the slashdot editors on fire. Thank you
  36. New book out that I've been missing? by SeanTobin · · Score: 2, Funny

    Is there a new 'Corporate fuckups for dummies' book out that I haven't seen yet? RIAA, SCO, and now SunnComm seem to have all read the same book.

    --
    Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
  37. Cannot use stock market as evidence by stwrtpj · · Score: 4, Insightful
    to see if DMCA really has merit in the courts. This is so nutty its unbelievable.

    What's really insane is that they are actually using the stock market to justify the damages they supposedly endured. Any judge with any ounce of sense will reject this as bullshit. The market is so damn volatile these days that you cannot use it as evidence unless it could be proven that the accused performed actions specifically to manipulate the market.

    If the market did go down because of his actions, it was only because investors saw the company had a crappy product to begin with and it was only a matter of time anyway.

    --
    Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    1. Re:Cannot use stock market as evidence by BeBoxer · · Score: 5, Funny

      What they forget to mention in the press release, is that a 20% drop seems to represent a whopping 3 cents. From 15 cents to 12 cents. I'm sorry, if you're stock is that close to being worthless, I think an academic paper is the least of your problems.

    2. 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.

  38. Re:Metaphor - more accurate by calebb · · Score: 3, Insightful

    Actually, a closer analogy would be finding that putting the antenna down on a Ford Ranger caused the doors to unlock & the engine to start. Think of how many trucks would be stolen if you published that information!!!

  39. 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.

  40. They put files on my HD? by bigmoosie · · Score: 2, Interesting

    I haven't purchased this CD and I don't intend to. If I am correct in my assumption you open the shrink wrap, nowhere on the wrap does it have an EULA. Then you put the CD into your computer, does it pop up an EULA? If not and if it put files on my harddrive then I consider that unauthorized use of my computer. They did not inform me of what the CD would do when put in my computer. Also if they do not have an EULA screen then it is not a criminal act to delete the files that it created or use sysdiff or other tools to audit your system after having run this program. If they wanted this stuff to be secret or protected by law they needed an EULA, otherwise its all fair game. IMO, but that doesn't matter to big brother, or to the carnivore system, or to those people whom say they represent you because you did not vote for them and have a big big fancy property in the "country" in Vermont because they were paid off.

    ~ryan

  41. Sue over SunnComm-protected CDs installed drivers? by MaineCoon · · Score: 2, Interesting

    If SunnComm protected CDs install drivers that stay system resident (as I gather happens based on what is said in the article), and no mention of this is made on the packaging of the CDs, might that itself be something one could sue over?

    Music CDs are not software, and therefore if I insert a music CD into my computer, it should not act like software, nor should it install anything onto my computer without my consent or even a notice it is doing so. I bet the DMCA could be manipulated to sue over THAT.

    - MaineCoon
    Whose girlfriend recently bought a CD-player/radio for $20 and the Reloaded soundtrack for $15.

    --
    Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
  42. Re:P.S. by ManoMarks · · Score: 2, Insightful

    Actually, I'm waiting for spammers to sue us for restrain of trade when we write about spam filters.

    --

    That's gotta fit into your schema somewhere

  43. 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

  44. SunnComm is truly pathetic by Experiment+626 · · Score: 4, Insightful

    If anything should be illegal, it should be their shoddy technology. First, they create a CD that is obtensibly a music compact disc, but is in reality a CD-ROM that surreptitiously installs programs onto a user's computer without the computer owner's attempt, in a deliberate attempt to sabotage the functionality of the computer. This is what is known as a "virus"*.

    Then they present this ill-concieved technology to their clients and shareholders as some sort of panacea, knowing all the while that it is utterly ineffective. This is what is known as "fraud".

    To top off their audacity, they then threaten a lawsuit against the researcher who alerted the public to this fraud. This is completely ridiculous. What next, a medical researcher's tests prove that Quack Corp.'s Snake Oil does not really enlarge your penis, so the researcher is sent to prison?

    This is a technology that is dependent on an unrealistic number of constraints. If the user of the CD is running Windows AND has autorun turned on AND doesn't press the shift key while putting the disc in AND allows the SunnComm virus to infect their computer AND leaves it running AND tries to copy the music, it won't work, otherwise it will. Oops I just pointed out how flawed their scheme is too, I guess that's a "possible felony"

    .

    * To be pedantic it's more of a trojan than a virus because the malicious code does not self-replicate beyond installing from the disc, but you get the idea.

  45. Did Jacobs just say something really stupid? by sladelink · · Score: 3, Insightful

    Concluded Jacobs, "This cat-and-mouse game that hackers and others like to play with owners of digital property is over. 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. SunnComm is taking a stand here because we believe that those who own property, whether physical or digital, have the ultimate authority over how their property is used."

    Is it just be or did he just accidently take a stand for the rights of consumers to do what they please with the products they buy?

    --
    sigs are dumb.
    1. Re:Did Jacobs just say something really stupid? by macdaddy357 · · Score: 4, Insightful
      He doesn't understand the implications of what he said at all. If I purchase a CD, it is my personal property. I have the absolute right to do with it as I see fit. Alex Halderman of Princeton University is only showing us how to take back our rights as property owners. Jacobs, and all the a-holes at Sunncomm are the ones trying to deny us our rights. They are the crooks here. They claim that they are protecting "intellectual property." That term is a highly offensive misnomer. Copyright is a temporary loan from the public domain, not property.

      When you boil it all down, Sunncomm is dancing, but the RIAA are calling the tune. It is the RIAA and affiliated labels who need to be boycotted until they reform, or perish. Sunncomm will die on their own. Sunncomm alredy lost Sound Choice Karaoke as a customer. Using the previous DRM scheme, Mediacloq, caused a backlash that really hurt them, and karaoke is a niche market.

      --
      How ya like dat?
    2. Re:Did Jacobs just say something really stupid? by Jah-Wren+Ryel · · Score: 4, Funny

      Copyright is a temporary loan from the public domain, not property.

      That is such an excellent summary of copyright. I'm going to register it.

      --
      When information is power, privacy is freedom.
  46. compliance with the dmca by 11223 · · Score: 2, Funny

    i don't know about you, but i am in total compliance with the dmca in this case

  47. Executive dumping? by realdpk · · Score: 4, Interesting

    How on earth did someone manage to sell about 250,000 shares for a dollar a piece (that's what it looks like anyways) when the stock is worth a dime.

    1. Re:Executive dumping? by litewoheat · · Score: 4, Insightful

      Its a clerical mistake. It happens all the time. The person who recorded the trade put the decimal in the wrong place, or ommited it entirely. Any time you see a spike like that on a pink sheet (OTC) chart its clerical error.

  48. 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.

    1. Re:Mod Parent Down by sakusha · · Score: 2, Insightful

      The figure 4134800 represents trades, not shares, and has nothing to do with the company's valuation. Go look at the STEH history at some site like bigcharts.com, STEH traded as high as 50 cents back around the end of June, and dropped to 20 cents by August. This is a company that was already in steep decline, well before this incident.

  49. Their stock is WORTHLESS anyhow, What Damage?!?! by thx2001r · · Score: 2, Interesting

    Don't worry, they couldn't sue themselves (they'd have to borrow even more money). This is a completely pointless threat! Their web site pulls up a disclaimer upon loading that informs you that the company hasn't made any money (probably up to their eyebrows in debt) and they're under their rights not to report to any stock purchasers just how much they've lost until they break even (if ever). The CEO of the company acknowledges that buying their stock is a risk of losing your entire investment in it.

    How are they so concerned about their 20% loss in stock value when they warn their own shareholders that they're buying a volatile stock in a company that hasn't made any money and they don't want to tell you how much they've lost and/or owe? What damage exactly has this kid done to their reputation?!? They don't have one!

    --

    -Joe
    If we're all god's children, what's so special about Jesus? - Jimmy Carr

  50. 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 MegaFur · · Score: 2, Insightful

      I think this graduate student has a chance of making it through this. Not a great chance, but a chance. I was browsing his webpage (briefly) and noted that in addition to his CS courses, he's taken one or two law courses. I know that "one or two law courses" does not even remotely equal "lawyer", but right now we're only at the initial yelling stage.

      If he's lucky, he may know the right people, or the right things to say to prevent this from going any further.

      Also, I suspect that with his background in computer security he may have already been prepared for a situation like this. Perhaps he even expected it.

      --
      Furry cows moo and decompress.
    2. Re:divergent paths in a yellow wood by Mattcelt · · Score: 2, Insightful

      Note also that he has ties to Ed Felten. That's not an association to take lightly.

      Of course, somehow in the past 50 years, the almighty corporation has become more important than scientific advancement/academia. This is very scary. Ironically, this thinking will eventually (if it hasn't already) severely hurt the very businesses who are trying to bury research.

    3. 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.

    4. 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.

    5. Re:divergent paths in a yellow wood by elvum · · Score: 2, Funny

      Darn - just when I'd finished metamorphosing into a speaker bracelet, too.

    6. Re:divergent paths in a yellow wood by Dman33 · · Score: 2, Insightful

      somehow in the past 50 years, the almighty corporation has become more important than scientific advancement/academia

      I think it is because all of the students in college that could not go into science/engineering ended up going on to get JDs and MBAs. They naturally derive an ego (we all do actually) that dictates that the graduate program that they are from is far more important in the world. So in this case, we have a nice blend of MBAs and JDs pushing the legal system away from scientific academia and toward corporate interests.

      Either that or I just got up way too early today...

  51. Option #6 by Genjurosan · · Score: 4, Funny

    6) Use the information provided in the article and call:

    SunnComm Technologies Inc., Phoenix
    Kimberly Faulkner, 602-267-7500

    and express... "You've got to be fucking kidding me?"

  52. Ownership, again by gornar · · Score: 3, Insightful

    Directly after the quoted text in the submission, the article reads, "SunnComm is taking a stand here because we believe that those who own property, whether physical or digital, have the ultimate authority over how their property is used."
    I agree. The problem here is that the idea of ownership is simply not defined properly in modern american law. It has suddenly become legal, in the last few years, for companies to sell me products to which they retain ownership. If this problem is corrected, and consumers are given rights to the products they buy, a large portion of this DMCA nonsense would evaporate.

  53. Shrinkwrap anyone? :) by saikou · · Score: 2, Funny

    "By opening this CD case you agree to be bound by the license and pay us one million dollars for each stupid lawsuit we can file against you for using our product"
    Now that'd be a comprehensive EULA.
    Though I probably should not give them any ideas... :)

  54. SunnComm breaking UK law ? by dackroyd · · Score: 4, Interesting

    Can someone please remind me why this is not a criminal act of sabotage ?

    Paraphrasing via the Register http://www.theregister.co.uk/content/6/33298.html:

    "He found that when the disc was first inserted, it auto-installs a device driver that subsequently interferes with attempts to
    copying the songs on the CD.

    '"The driver examines each CD placed in the machine, and when it recognizes the protected title, it actively interferes with read
    operations on the audio content,'"


    From the Computer Misuse Act http://www.hmso.gov.uk/acts/acts1990/Ukpga_1990001 8_en_2.htm#mdiv3:

    "3.-(1) A person is guilty of an offence if-
    (a) he does any act which causes an unauthorised modification of the contents of any computer; and
    (b) at the time when he does the act he has the requisite intent and the requisite knowledge.

    (2) For the purposes of subsection (1)(b) above the requisite intent is an intent to cause a modification of the contents of any
    computer and by so doing-
    (a) to impair the operation of any computer;"


    Unauthorised modification - check.
    Impairs the operation of the computer - check.
    Requisite intent and knowledge - check.

    But it is of course a crime being committed by a large company, so I guess it doesn't really count.....

    If anyone can tell me of any CDs that use this technology and are available in the UK, please let me know so that I can report these EvilDoers to the appropriate police department.

    --
    "Free software as in beer, copy protection as in racket" - Telsa Gwynne
  55. SunnComm: Lightyears beyond encryption... YA RIGHT by panic911 · · Score: 2, Funny

    It was too tempting, I just had to take a screenshot of this...

    http://www.digitalpropulsion.org/junk/sunncomm.gif

  56. 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.

  57. 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)
  58. Re:Now, I must be that devils advocate. by Mr.Spaz · · Score: 2, Insightful

    It would be if you were releasing truly privileged information. But in this case, no one bothered to remove the sticker with the combination from the back of the padlock. You'd just be telling everyone what they could find on their own.

    Additionally, the analogy is a little off. What he's really doing is more like telling everyone how to keep an unknown third party out of their own lockers, because he's seen them breaking into lockers and how they're doing it.

  59. If I use Linux/Mac/DOS/etc... by QuantumSlip · · Score: 2, Insightful

    I have violated the DMCA by "bypassing" the copy protection, since I assume it runs only under windows. Heck, they should sue RedHat/Linus/Apple/Microsoft for providing the means of circumventing the copy protection.

  60. With Friends Like This... by Michael_Burton · · Score: 3, Interesting

    I've seen the backwards .sigs, and the "ROT26-encoded" .sigs here, claiming that reading the .sig is a violation of the DMCA. I always thought those were jokes!

    But seriously, the greatest threat to the DMCA is friends like this. Every time the public sees the DMCA in action like this, the tide of popular support for repeal or reform will grow. Don't you think we owe SunnComm a debt of thanks for shedding light on the true nature of this abysmal law?

    --
    When all you have is an axe, everything looks like a grindstone.
  61. 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
  62. Re:FUCK YOU very much. by zerocool^ · · Score: 2, Funny

    I will not deny that this technique will be used to make copies of music but I refuse to consider that "piracy" or immoral.

    It's not even that! He bought the damn thing, he wanted to make a backup of it. He is legally entitled to do so. It just so happens that he wanted his backup in .mp3 and not .suck, or whatever proprietary, non portable, encrypted bullshit they put on the CD.

    ~Will

    --
    sig?
  63. 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.
  64. Re:Funny... I would have defeated it without tryin by kellererik · · Score: 2, Funny

    yes, and for that reason i'm not using the shift key to answer to you

    my 2 cents

  65. Jesus Tapdancing Christ by Tokerat · · Score: 5, Insightful


    Why don't you just sue Microsoft? They created Windows with this "don't load custom drivers" hole! Also, let's sue manual writers! I'm sure there has to be a manual somewhere which desctibes (IN DETAIL NO LESS) this method for circumventing CD security. And why don't we sue keyboard manufacturers, they're the ones who give users that fscking shift key IN THE FIRST PLACE!

    This company is just pissed that their half-assed solution to a problem that cannot be fixed by means of a technological barrier was so easily defeated. One keystroke...jesus...and they actually went ahead and spent the money on the R&D for this? Is ANYONE awake over there?

    They deserve what they got, and the RIAA should be pissed at them for pawning off this assinine scheme to them as a reasonable solution.

    PS: This makes me realize exactly how bad a law the DMCA is; It is an attempt to, by law, enforce security through obscurity. If answers are outlawed, then only outlaws will have answers.

    --
    CAn'T CompreHend SARcaSm?
  66. Electronic Frontier Foundation by JeffGB · · Score: 2, Interesting

    The EFF should have a field day with this one.

    ... and apparently they are.

    http://www.eff.org/news/breaking/archives/2003_10. php#000585

  67. Re:Start shooting. by Gordonjcp · · Score: 2, Funny
    Guess what? I live in a civilised country. Not like the US, where you can be locked up for discussing ROT13.


    Two minutes work with Google and a couple of standard Unix tools will reveal my home address and mobile telephone number. Bring your "Secret Service" kiddies on.

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

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

  69. 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.

  70. 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