Update on Playfair
An anonymous reader writes "A few weeks back, Slashdot reported that Apple had sent a cease and desist letter to Sarovar.org, the Indian site hosting the Playfair project. This is the first incident in India where a corporation has used legal means to shut down a Free Software project. Some of the prominent members of the Open Source/Free Software community in India have issued an update on this situation. There is also an interesting post in the FSF-India mailing lists."
Some nice discussion here.
am happy to India onshore insourcing american law practices.
Need a good ol' fashioned Chinese to-hell-with-western-law hosting... works for spammers, why not legit projects that exist in that legal grey-zone?
meh
So they acknowledge that the unauthorized copying of music is illegal, and believe a tool that makes an unauthorized copy of the music is not illegal? Because as the author states, Apple already provides a means to permit legal licensees of songs from iTunes to play on non Apple authorized hardware via CD burning (and subsequent re-ripping). This is *authorized* copying. Anything else, then, is unauthorized copying isn't it? Doing a clean decryption of the AAC file would certainly fall into unauthorized copying, according to the terms of use, I think.
So FairPlay's only legal defense is that it isn't illegal to write such a tool, only illegal to use such a tool...
GPL Deconstructed
Just move the Projects to a Host based out of Sealand http://www.sealandgov.com/ from the HavenCo Acceptable Use Policy http://www.havenco.com/legal/aup.html "Material that is unlawful in the jurisdiction of the server. For instance, if a customer's machine is hosted on Sealand by HavenCo, content which is illegal in Sealand may not be published or housed on that server. Sealand's laws prohibit child pornography. Sealand currently has no regulations regarding copyright, patents, libel, restrictions on political speech, non-disclosure agreements, cryptography, restrictions on maintaining customer records, tax or mandatory licensing, DMCA, music sharing services, or other issues; child pornography is the only content explicitly prohibited. At the present time, child pornography is not precisely defined; HavenCo is obeying rules similar to those of the United States, specifically a prohibition on any depiction of those under 18 in a sexual context."
This would be a good test--would Apple be the one that would finally get the Royal Navy to cut the links to the platform, or to outright invade? Who would you expect to stand up and defend Sealand from a "British war of aggression?" (n.b. There's no oil on the platform.)
CEE5210S The signal SIGHUP was received.
...if Apple did not do this kind of thing, the computer-unsavy media CEOs would panic and shut down itunes. (As if piracy could be stopped that way)
And portraying a cracker-program as an "open-source effort" is a bit like calling the NRA a grass-roots civil rights campaign.
(cut out '-' used to serve as underlines for section headers to get past /.'s "lameness filter" and made all paragraphs into one line to get past /.'s "lines contain fewer than 38 characters". Enjoy)
BACKGROUND
Sarovar (http://www.sarovar.org/) was setup about a year back as a facility for free software hackers. It's running the GForge software under Debian GNU/Linux. Think of it as a Savannah in India (http://savannah.gnu.org/ and http://savannah.nongnu.org/ are servers providing facilities for distributed development of free software projects). The Sarovar server is physically located in Trivandrum, India. It is sponsored by Trivandrum based company River Valley Technologies and maintained by Linuxense, another Trivandrum-based company. Rajkumar S, who works at Linuxense. is one of the maintainers of Sarovar. These 2 companies (River Valley and Linuxense) maintain Sarovar as a service for the free software community in India and abroad. Sarovar now hosts 130 projects and has more than 930 registered users from across the world.
PlayFair is a tool to enable fair use for music purchased from Apple's iTunes music service. It lets people play music in non-Apple authorized hardware like a GNU/Linux PC, provided an authorized key is available. It does that by stripping the Digital Rights Management (DRM) facility from a song, provided the key to playing the song is available. PlayFair is licensed under GNU General Public License (GPL -- http://www.gnu.org/licenses/licenses.html#GPL).
The author of PlayFair prefers to remain anonymous.
HISTORY
PlayFair was originally hosted at Sourceforge.net, a US-based project similar to Savannah and Sarovar. Apple invoked the Digital Millennium Copyright Act (DMCA) against PlayFair and Sourceforge took down the project. Since DMCA has an anti circumvision provision, PlayFair *may* be illegal in the USA.
Once Sourceforge shut down the project, PlayFair's author contacted Sarovar for hosting, and since India do not have a DMCA like law, Rajkumar S approved the project as it is legal in India. The project was available at Sarovar for about a week and had about 30,000 downloads.
Last Friday (2004-04-16) Apple sent a Cease and Desist (C&D) letter to the sponsors, maintainers and ISP of Sarovar.org invoking the IT Act 2002 and Indian Copyright act, and instructed them to take down PlayFair within 24 hours. The full letter from apple is available at
http://sarovar.org/forum/forum.php?forum_id=474
Since the letter was addressed to the ISP and sponsors, and as they had some limitations on fighting the case, Sarovar decided to take down PlayFair, even though they believed that it was legal.
Some of the hackers who maintain Sarovar.org had pretty strong feelings about this case, but were helpless against the legal force from Apple.
As we think about the implications of such a C&D letter from a corporation against a free software project, it becomes apparent that the issue at hand is not just related to PlayFair or Sarovar or River Valley. What is really happening is a corporation is using legal means to shut down a free software project in India for the first time and the small project is left defenseless even though they believe that they are right.
This letter from Apple will have a profound impact on freedom for Indians and people all over the world. If we do not fight back, we will be on our way on a slippery slope. If we win it will be a momentous victory with impact all over the world.
PLAYFAIR IS NOT MUSIC THEFT
PlayFair does not give the user any special facilities that Apple itself has not given the user:
1. PlayFair requires a valid key from Apple to convert the format of music downloaded from iTunes. PlayFair cannot convert downloaded songs' formats without authorized keys.
2. PlayFair is not a music distribution program. All PlayFair does is convert songs from one, restricted format to another, le
...but the creation of personal copies may not require authorization, as is the case with DeCSS in Norway. Depending on the accuracy of that statement "unauthorized copying" may mean "unauthorized copies made for distribution to third parties".
And regardless of what you might think, tools are hardly outlawed anywhere but in the US, due to the DMCA. I can make a key that fits your front door, and only your front door, which has no other purpose. It's still not illegal until I use it to gain unauthorized entry.
That brings up an interesting question, given that there's a strong legal precedent in Norway, why isn't it hosted somewhere there? I'd love to see if they'd have the balls to try another DVD-Jon style case before the EUCD (aka the Euro-DMCA) is in place...
Kjella
Live today, because you never know what tomorrow brings
Opps, wrong war.
You might find this plugin quite helpful. This thread has more info.
Playfair
It's not really a question about whether it's ethical or not. If you have music from the ITMS, you bought it from Apple, and YOU AGREED TO THESE TERMS OF SERVICE. If you make a piece of software to "circumvent or modify any security technology or software that is part of the Service" than you are breaking your contract with Apple, and thusly breaking the law. It's pretty simple.
From their statement:
The Apple iPod permits the iTunes user to make a music CD out of iTunes songs.
That's nonsense. iTunes permits the user to burn a CD, no iPod necessary.
I realize that this doesn't undermine the main part of their argument, but they should still check their public statements for this kind of factual errors, otherwise they'll just look like they don't know what they're talking about.
Baumi
Also, content distributor, and a software company.
But they control the method which facilitates AAC DRM, needed to let record companies to release their catalogues for distrubution. Without PlayFair DRM, it would be hard or next to impossible to persuade record labels to furnish iTMS with audio content (which they own).
Again, it's the method not the content.
Let me give you an example. Suppose you manufacture and sell locks and at the same time rent a storage facility where people keep their property. Someone comes along and makes a master key which defeats your lock mechanism, when it is illegal (by law) to reverse-engineer, or reproduce master keys or to otherwise tamper with the lock. In the end, the gatekeeper is liable for the stolen property and the burden to prosecute those who are manufacturing these master keys is on the lock manufacturer, not the owner of the property.
Get it? RIAA doesn't have anything to do with AAC DRM. Apple is the gatekeeper and they're trying to protect the well-being of their online music store.
You want fair-use? Go buy the CD or use less-restricted distribution channels who provide you with MP3s and OGGs. iTMS doesn't force you to purchase digital (restricted) files from their store. Abide by the terms of the contract you signed whilst registering. Any fair-use argument here is completely laughable.
...is not the fact that Apple went after PlayFair, that was more or less expected. What scares me is the fact that a large part of the slashdot crowd are siding with apple and big media on this one. Hacking your DVD-player is okay, the right to fiddle with your own devices shall not be infringed upon. Media files, however, are sacred. You shall not use them in any way big media does not approve of.
And why? To please big media, otherwise they would not venture into this internet selling thingy, posts explain. Anyone who does not accept the control big media is forcing upon buyers is a damn dirty pirate, responsible for the thousands of plagues in the world and puts 'us' in a bad light. The brainwashing is apparently working.
Really, what's the difference between deCSS and PlayFair? I don't recall anyone posting that Jon Johansen was guilty.
we come in peace / shoot to kill
Why not put the site on Freenet?
A "cracker-program"? Hardly. Just a snippet from the sarovar response:
So read it and think again.In truth, however, this is probably a very good move on their part.
Apple knows this technology is completely irrelevant, that it is "no big deal" from a technical standpoint and they expected something like this to be created from the beginning (Steve Jobs said exactly this--that they couldn't protect digital content).
As a *political* move, however, it makes a lot of sense. They aren't actually suing people RIAA style and I doubt it will ever come to that--instead they are just shutting down the servers that host it via C&D letters. If they didn't do this, they would be at risk of the music labels deciding that they aren't doing enough to protect their interests and *backing out*.
If you get this off P2P or FreeNet then good for you, you are an irrelevant statistic as far as Apple is concerned.
The comparisons to DeCSS really miss the point. DeCSS was big in part because there was no way to watch DVDs under Linux and because the MPAA really wasn't expecting it and tried to shut it down completely. With FairPlay there is a way to play it under Linux (though yes, there is a loss of quality) and they did expect it, so what they are doing is protecting their interests with the RIAA by giving a good go at it.
It doesn't matter if they "succeed" so long as they are actively pursuing it to the extent of the law.
Integrate Keynote and LaTeX