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Security Researcher Faces Jail For Finding Bugs

An anonymous reader writes "French security researcher Guillaume Tena, who is working at Harvard University, faces 4 months in prison after being sued by Tegam for reverse engineering its Viguard antivirus software and publishing exploit codes for a number of vulnerabilities. According to a ZDNet article, he could also be sued by Tegam for 900,000 euros in damages. More details are available (in french) on Guillaume's website and on the K-OTik's website."

726 comments

  1. Here we go by lordkuri · · Score: 5, Insightful

    And now we have people getting arrested for pointing out someone else's mistake...

    When did greed become more important than helping someone?

    1. Re:Here we go by dirkdidit · · Score: 2, Insightful

      Yes, but rather than pointing that mistake out to the company that produced the software, he pointed the mistake out to the world. I'm sure the company would have taken quite a difference stance on it had he let them know about it first before going public with it.

    2. Re:Here we go by zx-6e · · Score: 1

      There needs to be some sort of universal indemnity protection. Maybe something like whistleblower protection...

    3. Re:Here we go by StikyPad · · Score: 1, Insightful

      Help me [tech4free.com] get an iPod for my 18th birthday!

      OKAY!! I can't think of anything I'd rather do. Here's how I'll help...

      I'll give you three words: GET A JOB.

      Then go out and buy one, and you too can be unique, just like everybody else.

    4. Re:Here we go by Anonymous Coward · · Score: 1, Interesting

      Yeah. Either ignore it, fix it, or sue him for blackmail/racketeering if he even hinted at taking it public if they didn't take action. Which do you think is the likely outcome? Would you be willing to risk it for no gain other than just being a nice guy?

      In a world where you can be put into jail for pointing out the emperor is naked, its best to keep quiet. Companies and people don't want to hear about it. Take a hint.

    5. Re:Here we go by TWX · · Score: 1

      If the company is making money on the product then they should be going through the work to debug their software. Someone finding and publishing errors in software is doing the public a service, as the public will know to either steer clear of the company writing the bad software, or to contact that company if they're already using it and demand a fix or a refund, as the software company sold them a faulty product.

      If the software maker presses this upon the researcher, the customers need to press the software maker.

      --
      Do not look into laser with remaining eye.
    6. Re:Here we go by ScentCone · · Score: 2, Insightful

      someone else's mistake

      So, there are lots of makers of expensive vaults and safes. Some are better than others. If you deliberately post information on how to break into the good (but not the best) models, are you pointing out mistakes, or providing assistance to those that thrive on such vulnerabilities? I say the latter. It's all about the venue in which you present the info. Sending an e-mail to the maker is one thing, but posting it online, no matter how much of semi-good-intentioned drama queen you are, is reckless or malicious.

      --
      Don't disappoint your bird dog. Go to the range.
    7. Re:Here we go by dirkdidit · · Score: 0, Offtopic

      I have a job. I have money. I like free things. Isn't that the "American" way?

    8. Re:Here we go by Anonymous Coward · · Score: 0

      be put into jail for pointing out the emperor is naked

      Maybe thats what we should do. Submit the vulnerability to company x, then for the next 30 days, simply announce "Company X is Naked". If theres no response to even show they care, take it public at the end of 30 days.

    9. Re:Here we go by slothman32 · · Score: 1

      "and you too can be unique, just like everybody else"
      That is my theory on why people do stuff like get tattoos and piercings. It's not unique if everyone does it.
      I already thought that and trademarked it so come to my country so I can sue you. :D

      --
      Why don't you guys have friends or journals?
    10. Re:Here we go by dirkdidit · · Score: 2, Insightful

      While I agree that a company should be doing it's own bug testing, there are always going to be certain hardware and software setups that will inevitably cause a problem that the company couldn't have ever imagined.

      Sure, there isn't a law saying this guy should have reported the flaws to the company first before going public, but as a software developer, I always appreciate when people bring bugs to my attention and I try to compensate them justly (such as discounts if they are current customers, etc).

    11. Re:Here we go by fm6 · · Score: 0, Flamebait
      And now we have people getting arrested for pointing out someone else's mistake...
      Really! The most they should have done was label his post "-1, Flamebait".
    12. Re:Here we go by SilverspurG · · Score: 1
      --
      fast as fast can be. you'll never catch me.
    13. Re:Here we go by cyxs · · Score: 2, Insightful

      And would you like the company that makes your car to get that too if it failed to deploy airbags so that they can figure out the problem and slowly release the update the next time your in an authorized repair center they automaticaly update your onboard computr that deploys airbags?

      For all the people that say this is two different worlds its not, both companies have a right to have there products do what they say there going to do. Nobody thinks that there airbag won't deploy when they get into a crash, so why shouldn't your software fail to stop a virus. Companies don't like to have bad press about there product or product line. When someone finds something that is a flaw I do belive that people have the right to know, cause then its not just one person saying, hey fix this. They will get TONS of people calling, emailing and faxing them asking for the fix.

    14. Re:Here we go by ScentCone · · Score: 1

      Actually, no. That's such a aggregious product flaw, the vulnerability would have circulated among your basic bad guys so quickly that it was probably appropriate for that to hit the media they way it did. More exotic defenses protecting whole businesses and pieces of important infrastructure is simply a different issue, and anyone skilled enough to do the hack knows that.

      --
      Don't disappoint your bird dog. Go to the range.
    15. Re:Here we go by lordkuri · · Score: 2, Insightful

      how in the hell is that a troll? It's an honest question!

      fucking moderators on this site need to be kicked in the head

      yeah *this post* is a troll, have at it

    16. Re:Here we go by SilverspurG · · Score: 1

      the vulnerability would have circulated among your basic bad guys so quickly that it was probably appropriate for that to hit the media they way it did

      they would also know that this particular vuln doesn't escape that definition either.

      and anyone skilled enough to do the hack knows that.

      Ouch. Ya got me.

      --
      fast as fast can be. you'll never catch me.
    17. Re:Here we go by Anonymous Coward · · Score: 0

      Yeah, they would have accused him of extortion.

    18. Re:Here we go by niko9 · · Score: 1

      Yes, but rather than pointing that mistake out to the company that produced the software, he pointed the mistake out to the world. I'm sure the company would have taken quite a difference stance on it had he let them know about it first before going public with it.

      Sinnce when am I obligated to be said company's consultant?

    19. Re:Here we go by future+assassin · · Score: 1

      Sorry but IF i bought that software Id want to know what exploits/bugs were in it no matter who it came from before my computer got trashed.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    20. Re:Here we go by Anonymous Coward · · Score: 1, Informative

      I have mod points, but I'll answer your question instead:

      You have horribly simplified his actions of "helping someone" (releasing exploits aren't generally helpful to that company) and then described the company's actions ("greed") in an inflammatory way. The two legs of your argument are both flawed - so much so that it seems you are trolling.

    21. Re:Here we go by Anonymous Coward · · Score: 0

      > Help me [tech4free.com] get an iPod for my 18th birthday!

      Stop spamming slashdot, please. And get a fucking job, loser.

    22. Re:Here we go by haruchai · · Score: 2, Interesting

      So? What's wrong with that? They are selling their software to secret government agencies - they sell to the general public.
      As far as I'm concerned, if they can tout their software's capabilities to the public, he has the right to showcase its weak points in the same forum.

      --
      Pain is merely failure leaving the body
    23. Re:Here we go by Anonymous Coward · · Score: 0

      See my post above. I have a fucking job, you fucking loser. And I have money. So thanks for the pep-talk sparky!

    24. Re:Here we go by Anonymous Coward · · Score: 0

      It's called AC.

    25. Re:Here we go by Anonymous Coward · · Score: 0

      You've mentioned you have a job. Then buy your own fucking Ipod, faggot. Stop being a typical American (ie. leech on society). Fucking red stater.

    26. Re:Here we go by Anonymous Coward · · Score: 0

      Contact TEGAM and let those fuckers know what you think of their assholish approach at problem solving. tegamcom@tegam.fr

    27. Re:Here we go by Anonymous Coward · · Score: 0

      I probably will buy my own iPod, but why not see if a free one is in the cards first. I don't dig on dudes, as your post implies. Oh and by the way, I'm a democrat living in a republican state. You know a democrat, those hippies all for free-love and government money.

    28. Re:Here we go by Anonymous Coward · · Score: 0

      > I have a fucking job, you fucking loser.

      Let's see how long that job lasts, Dirk Monsen.

    29. Re:Here we go by The+Cydonian · · Score: 2, Funny
      Really! The most they should have done was label his post "-1, Flamebait"
      Moderation -1
      100% Flamebait
      Whoever said the mods don't have a sense of humour! :-)
    30. Re:Here we go by Anonymous Coward · · Score: 0

      About 6 more months, and then I'm off to college.

    31. Re:Here we go by shut_up_man · · Score: 1

      I agree, but the problem is that companies usual file that nice polite advisory email at the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard.' Sometimes going public is the only way to get them to even admit the problem exists.

      Of course, it's awfully fun to make companies look silly be pointing out flaws in their code...

    32. Re:Here we go by Anonymous Coward · · Score: 0

      Ok, that actually made me laugh.

    33. Re:Here we go by Anonymous Coward · · Score: 0

      There/Their/They're

      You fail it!

    34. Re:Here we go by killjoe · · Score: 1

      "When did greed become more important than helping someone?"

      On the day capitalism was invented.

      --
      evil is as evil does
    35. Re:Here we go by Anonymous Coward · · Score: 0

      > When did greed become more important than helping someone?

      About the same time that self-interest became more important than helping someone else...the beginning of the "Meeozoic Era" about a gazillion years ago. Guess you missed that class.

    36. Re:Here we go by Vellmont · · Score: 1

      Uhh.. if I were a buyer of safes, I'd want to know which ones were actually secure, and which ones can be broken into by someone with a little extra knowledge. The safe maker is going to do jack (there ARE known vulnerabilities to safes, and the safe makers do squat).

      It's things like this that makes me glad I live in a country where freedom of speech is our highest law (even if it has been worn away by the patriot act).

      --
      AccountKiller
    37. Re:Here we go by Inthewire · · Score: 0

      Invented, discovered, adopted...

      --


      Writers imply. Readers infer.
    38. Re:Here we go by 1u3hr · · Score: 2, Informative
      Yes, but rather than pointing that mistake out to the company that produced the software, he pointed the mistake out to the world. I'm sure the company would have taken quite a difference stance on it had he let them know about it first before going public with it.

      This was buggy anti-virus software. Users were at risk every day they kept using it. Unlike an OS, which people mostly just have to keep using till a patch is released, it's easy to replace this with something that works better, or at least not open files and attachments in the belief they've been checked and are safe.

    39. Re:Here we go by Anonymous Coward · · Score: 0

      Maybe he could have done something other than blatently expose ways, on the internet, to exploit their software. It is one thing to observe that someone's house is unlocked, and quite another to post that fact on neighboring billboards, in front of the house, to tell all their neighbors about it, etc.

    40. Re:Here we go by Veamon · · Score: 0

      He's in deep shit not because he found flaws, but because he posted his findings instead of contacting the company...besides, in most EULAs, it says you can't reverse engineer...so if you go ahead and do it, then its your own ass you're fuckin...

      --

      Slashdot News: As serious as a busted rubber
    41. Re:Here we go by haystor · · Score: 1

      If it is that important, your insurance company probably will have an opinion on which safe is best.

      --
      t
    42. Re:Here we go by bit01 · · Score: 1

      Sending an e-mail to the maker is one thing,

      Companies want to maximise their profit. Profits are not maximised by wasting time on bugs not known to the public.

      For many companies the only way you're going to get such bugs fixed is by making the bugs public, so that it impacts their bottom line.

      Most major M$windows based software companies follow M$'s lead and have the ethics of alley cats. The above definitely applies to them. Depending on the company and the bug warning them first may or may not be a good idea.

      One of the reasons I like open source, the people you deal with just tend on average to be more ethical.

      ---

      DRM - Democracy Restriction & Manipulation

    43. Re:Here we go by flashgc · · Score: 1

      I believe that was last week... (looking for references).

      --
      Where are we going and why am I in this handbasket?
    44. Re:Here we go by smokeslikeapoet · · Score: 4, Insightful

      Lets get this straight. Lets say Consumer Reports did a review of 4 safes: Safe A and Safe B can be opened with a fingernail file, Safe C can be opened with a bobby pin. Safe D was inpenatrable with known methods, so buy that one.

      Should Consumer Reports, their reporters, or editors be criminaly or finacially liable for posting the exploits? Should they contact the manufacturer and not inform the public? Should they be applauded and rewarded for offering the consumer a service? I'm sure your smart enough to figure out the answer there.

      If my antivirus software or firewall isn't secure than I sure as hell want to know about it!!!

    45. Re:Here we go by salparadyse · · Score: 1

      you ever read a history book?

    46. Re:Here we go by mgbruin · · Score: 1

      This would actually be a pretty good example if this was something the company you bought your vault from, could fix easily. The problem is: this usually means replacing the safe, while your software vendor can just release a patch and your software is fixed.

    47. Re:Here we go by mOdQuArK! · · Score: 1

      There seems to be a lot of companies who you think it would be a good idea to get an opinion from them on something, but either don't want to give you an opinion (because of potential liability if the thing they gave you an "opinion" on turns out not to be such a good idea), or their "opinion" ends up being based more on some kickback they're getting from a manufacturer.

    48. Re:Here we go by Anonymous Coward · · Score: 0

      it's own bug testing

      "its".

    49. Re:Here we go by Anonymous Coward · · Score: 0

      your smart enough

      "you're".

    50. Re:Here we go by Grab · · Score: 2, Insightful

      Here we go indeed.

      The guy didn't just "point out someone else's mistake" - he produced and published exploits to allow access into the system. /. analogies are always dodgy, but what he's done is like duplicating someone's front door key a thousand times and standing on a street corner in the local Cracktown handing keys out to everyone who walks past.

      You want to point out a mistake, there's plenty of legitimate channels for doing so which don't involve hackers (or crackers, if you prefer the outdated early-80s terminology) ass-raping the system in question.

      Grab.

    51. Re:Here we go by R.Caley · · Score: 1
      If it is that important, your insurance company probably will have an opinion on which safe is best.

      If no one is allowed to tell them which ones are vulnerable, they only have opinions on which were safe in the past, most of which are out of manufacture now.

      Now, safes and locks is a conservative business, so history is not too bad a guide, only occasionally will a completely new attack be found and make a large segment of historical trust worthless (imagine what happened when reasonably stable high explosives became widely available and suddenly not only nutters prepared to carry nitroglycerine into a crime were an explosives risk, but every thief with a match).

      IT is not conservative. What has been secure and caused few insurance claims for the past 10 years can be wide open tomorrow, either because of a new form of attack, or because the new version has a security hole.

      --
      _O_
      .|<
      The named which can be named is not the true named
    52. Re:Here we go by R.Caley · · Score: 1
      When did greed become more important than helping someone?

      Since importance is purely subjective, this is a pretty pointless question.

      If you want to measure usefullnes, rather than significance, self-interest seems to be much more useful than altruism, to the point where there are continuous arguments over whether true altruism exists except with consciousness and some argument whether it exists anywhere.

      --
      _O_
      .|<
      The named which can be named is not the true named
    53. Re:Here we go by term8or · · Score: 1

      Sending an e-mail to the maker is one thing, but posting it online, no matter how much of semi-good-intentioned drama queen you are, is reckless or malicious.

      Except that advertising problems to the public can be the only way get the manufacturer to fix their software. On more than one occasion I've reported a problem and not seen it fixed in subsequent releases. Should we keep silent forever? And sometimes even though the company has produced a fix no one knows about it for months or years. Publicity can be a good thing for the consumer even if it is not always a good thing for the producer.

      --



      "As a writer / novelist you might want to spellcheck your sig. :) " - AC
    54. Re:Here we go by Secrity · · Score: 1

      If a company manufactures a vault that is easily broken into, the company who manufactured the lock damn sure should fix the problem. Vaults are sold with some sort of rating indicating it's resistance to manipulation. If vault has a rating that indicates that it should be resistant to manipulation for at least 15 minutes, it should not have a vulnerabilty that allows it to be opened with a Bic pen, a 9V battery, and two paperclips in 15 seconds.

    55. Re:Here we go by maxpublic · · Score: 1

      I'm not the company's employee and the company doesn't get a say in what I can or cannot do. If the company can sell the product and tell everyone in the world - publicly - just how great it is, then I have an equal right to point out whatever flaws I discover in the same public fashion.

      That is called *free speech*, a concept you might have some difficulty grasping. Avoiding embarrassment to our corporate masters doesn't enter into the equation.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    56. Re:Here we go by maxpublic · · Score: 1

      On the day capitalism was invented.

      On the day humans developed true sentience. Capitalism has nothing to do with it.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    57. Re:Here we go by Pinguin0 · · Score: 1

      There are ways to do things like this... did he point out those mistakes to the company first or he just made them public? did he post his findings in bugtraq or his own web page? afaik, from ./'s post, he went all the way wrong. I mean, who would this benefit the most? his own ego, virus makers, or the users?.

    58. Re:Here we go by Stan92057 · · Score: 1

      He published the exploit code, as far as i am conserned he acted like a criminal ....fix the bugs or i publish them so hackers and other criminals can use the exploits. Nothing more then blackmail as far as i am conserned.

      Him and others have caused alot of people money and lost data because of a brused ego.

      --
      Jack of all trades,master of none
    59. Re:Here we go by Wybaar · · Score: 1

      If vault has a rating that indicates that it should be resistant to manipulation for at least 15 minutes, it should not have a vulnerabilty that allows it to be opened with a Bic pen, a 9V battery, and two paperclips in 15 seconds.

      Unless, of course, the person trying to open the vault is MacGyver. Oh wait. The "MacGyverisims" shown in the series are all based on scientific fact, but not all of the steps needed to create the experiment were shown.. You'd need a Bic pen, a 9V, two paperclips, and a rubber band.

      --
      Y|
    60. Re:Here we go by Secrity · · Score: 1

      With MacGyver it must always be assumed that he had a Swiss Army knife, although a Goa'uld Staff weapon would probably open the vault faster.

    61. Re:Here we go by canuck57 · · Score: 1

      And now we have people getting arrested for pointing out someone else's mistake...

      That is why it is best to post your findings on anonymously on foreign servers or through a third party on bugtraq. All too often they either want to sue you or ignore you which can cost you even if you win.

      I do make exceptions to the above if the vendor reputation is solid. There is one vendor out there that when I pointed out a major security bug they fixed it in days without a hassle. Mind you, it was a serious security bug.

    62. Re:Here we go by BalloonMan · · Score: 1
      And now we have people getting arrested for pointing out someone else's mistake...
      Since he's not in France at the moment, I doubt he's been arrested. And anyway, the court has not rendered a judgement yet, so maybe they will tell these flakey anti-virus clowns to get stuffed? We could use a precedent like that. Every challenge is an opportunity.
    63. Re:Here we go by emilymildew · · Score: 1

      Does it ever occur to you that people use iPods or get tattoos or piercings because (gasp) they want to? And that things become popular for a reason, that is, that people LIKE to get them?

      I really can't stand it when people say things like "oh, you're being sooooo unique" sarcastically when they're trying to make themselves seem different from everyone else.

      You are not a beautiful and unique snowflake. Neither am I. (Do I get ten points off for quoting "Fight Club"? The horror! A popular movie that I liked, and I quoted it!)

    64. Re:Here we go by Anonymous Coward · · Score: 0

      When did greed become more important than helping someone?

      Ah, you must be new here. Welcome to the human race.

      IMAO, greed is a translated form of a food-hoarding instinct which helped our ancestors survive long winters. We won't be overcomming it anytime soon.

    65. Re:Here we go by lordkuri · · Score: 1

      so I call a spade a spade? what's the problem?

      and I never said he was helping the company, but I'd damn sure like to know if a product I planned to buy had goatse style holes in it...

      and the companies reaction was to sue him for damages?? that's pure greed.

    66. Re:Here we go by fm6 · · Score: 1

      That's not so much a sense of humor as the absence of a sense of irony!

    67. Re:Here we go by Anonymous Coward · · Score: 0

      In a world where you can be put into jail for pointing out the emperor is naked, its best to keep quiet.

      Holy shit. That name "Anonymous Coward" has never been more appropriate.

      You are a coward and a scummy wuss-bag. Either that, or you're a woman, which is the same thing minus the penis.

    68. Re:Here we go by Anonymous Coward · · Score: 0

      If my antivirus software or firewall isn't secure than I sure as hell want to know about it!!! Absolutely... the question is, do you want to know about it before or after a patch is available? Knowing about it before only does you any good if there are reasonable cost alternatives available, so perhaps not all users would want to know before. But I'm sure the persons in charge of mission-critical applications would want to know as soon as possible, on the theory that if a white hat hacker can find the flaw, then most likely the black hats already know about it anyway...

  2. Sued for jailtime... by Anonymous Coward · · Score: 0

    ...can you do that?

  3. Lock him up for finding bugs? by Anonymous Coward · · Score: 0, Troll

    Geez, if he'd helped a murderous dictator build nuclear reactors they'd probably elect him president....

    1. Re:Lock him up for finding bugs? by HermanAB · · Score: 0, Troll

      No, but if he was the leader of a terrorist group, collected 250,000 hand grenades, 144 tons of ammonium nitrate, tens of thousands of mines, ran an illegal radio station and served 27 years in jail for all of that, then they would elect him president, give him a Nobel Peace Prize and honourary citizenship of Canada...

      --
      Oh well, what the hell...
    2. Re:Lock him up for finding bugs? by Mark_MF-WN · · Score: 1

      Are you referring to someone in particular?

    3. Re:Lock him up for finding bugs? by TheOriginalRevdoc · · Score: 1

      Nelson Mandela, presumably.

    4. Re:Lock him up for finding bugs? by NeoSkandranon · · Score: 1

      Who the hell are you referring to?

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    5. Re:Lock him up for finding bugs? by grcumb · · Score: 1

      He's referring to Nelson Mandela.

      I'm pretty sure he's trolling, too. Because the guerrilla group membership, grenades, land mines, ammonium nitrate stockpiles, pirate radio spouting insurrection and various other nasty things are at least somewhat mitigated by the fact that he helped liberate millions of people from over a century of racist oppression.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    6. Re:Lock him up for finding bugs? by kd5ujz · · Score: 1

      Nelson Mandela.

      --
      -William
      God is everything science has yet to explain.
    7. Re:Lock him up for finding bugs? by Anonymous Coward · · Score: 0



      What was this terrorist group fighting for?

    8. Re:Lock him up for finding bugs? by Mark_MF-WN · · Score: 1

      Sounds like a modern version of George Washington. Wasn't he made president too?

    9. Re:Lock him up for finding bugs? by HermanAB · · Score: 1

      Yup, the good thing is that the much maligned police was able to catch the idiots, before they could use it. Consider that Tim McVeigh used about 2 tons of ammonium nitrate to blow up that huge building, then 144 tons of the stuff would have been quite spectacular. How on earth anyone can use 250,000 hand grenades for peaceful purposes is also beyond me. Maybe old Nelson tipped the police off way back in 1964 and actually deserved that peace prize in compensation for all those years in jail. We'll never know, will we?

      --
      Oh well, what the hell...
    10. Re:Lock him up for finding bugs? by Anonymous Coward · · Score: 0

      His defence speech is a classic.

  4. What were his intentions? by linolium · · Score: 4, Insightful

    This was definitely unfair and uncalled for if his intention was to notify the company of their product's defects, or if he already did but got no response. On the other hand, if he only wanted to hinder the company, he is at fault. But even then, he's got a pretty harsh reprimand.

    1. Re:What were his intentions? by khrtt · · Score: 4, Interesting

      What were his intentions?

      Who gives a fuck?

      If you are a security researcher, you look for security holes, right? If you are a responsible researcher, and you find some security holes, you better publish them, right? Right? RIGHT?

      WRONG!! Hear ya, hear ya, hear ya, from now on doing the responsible thing will get you jail time, and a stiff $900,000 bill. From now on, the right, responsible, thing to do when you find security holes is to sell them to spam virus hackers. That way you:

      1. Never get caught.
      2. Profit (note lack of ... item).

      No moral problems either, since the company who looses is the bunch of asshats who'd put you in jail for pointing out their bug, and the people who get spammed are the same shitheads that made the stupid law possible.

      Fuck, I'm pissed. Better go drink my milk. Good thing I'm not a security researcher.

    2. Re:What were his intentions? by surprise_audit · · Score: 1
      He got the harsh reprimand because he was stupid... Sure, go ahead and reverse-engineer the code to discover vulnerabilities, but is it really necessary to *publish* that code?? I don't think so. Most people won't have the proprietary source code in the first place, so having just this fragment won't enable anyone to fix their own copy.

      If the guy had published notes on the vulnerabilities and perhaps withheld the exploits for a month, it's very doubtful that the company could make a copyright violation charge stick. He shot himself in the foot when he published the code, even if that code fragment was completely worthless without the rest of the code.

    3. Re:What were his intentions? by 1u3hr · · Score: 1
      If the guy had published notes on the vulnerabilities and perhaps withheld the exploits for a month, it's very doubtful that the company could make a copyright violation charge stick. He shot himself in the foot when he published the code, even if that code fragment was completely worthless without the rest of the code.

      As you said, it was a "fragment". As a lawyer said in TFA, in Australia at least, publishing such a fragment for this reason would almost certainly be allowed as "fair comment" and not a copyright violation.

    4. Re:What were his intentions? by surprise_audit · · Score: 1

      Sure, but "fair use" fragment or not, there isn't really much reason to publish it. Is it even necessary to admit that he reverse engineered the product?? He could have simply listed the vulnerabilities and associated exploits without any details about how he found them.

    5. Re:What were his intentions? by Anonymous Coward · · Score: 0

      For someone whose security depends on this software having no holes, the first line of defence is not fixing the bug.

      Even Windows allows you to go into "Services" and click stop. There, hole closed. Another temporary solution is a new firewall rule that limits access to trusted IP addresses.

      Waiting for the vendor to fix the bug without informing the people who depend on the software will only help the bad guys by giving them more time before a temporary security fix is rolled out.

    6. Re:What were his intentions? by tiks · · Score: 1

      his motives dont matter .. long as he is not using any insider information to discover the flaws & vulnerabilities.
      lets put this in perspective that most slashdot users will appreciate.. suppose there is a 'critical flaw' in MS IE which leads to a major security hole & vulnerability that leaves your system open to all kinds of attacks.now if someone figures this out i dont see why he should seek a "permission" from teh (ir)responsible company to publish that information.
      In fact it is rather immatureish to assume that someone else does not know about the same issue & is not actively involved in making the next 'killer app' or spyware as we know it.. i mean someone's gotta be writing the viruses & trojans we hear about & obviously they are actively looking for such issues.

      Sadly the stand law has taken actually discourages reporting of the issues found in commercial software & actually goes in the direction of protecting the vendor. i mean imagine the someone getting sued by microsoft because there was a serious hole in MSIE & he pointed it out..

      --
      We are always correct.. even when we realize we were wrong.
    7. Re:What were his intentions? by 1u3hr · · Score: 1
      Sure, but "fair use" fragment or not, there isn't really much reason to publish it.

      I was addressing the "copyright violation", whichis what he's being charged with. As for a reason, he's an academic. They like to document the process; the idea being others could apply his methods (hopefully without being jailed) to find other vulnerabilities.

    8. Re:What were his intentions? by khrtt · · Score: 1

      Yeah, if that's the way you want to put it...

    9. Re:What were his intentions? by Anonymous Coward · · Score: 0

      you are a responsible researcher, and you find some security holes, you better publish them, right? Right? RIGHT?

      No, you tell the vendor so they can roll out a fix before you tell all the script kiddies.

  5. I wonder what the lucky winner will get... by saskboy · · Score: 0

    ...when they discover the next Internet Exploder 6 SP2 hole?

    A free trip to Redmond?

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
    1. Re:I wonder what the lucky winner will get... by Anonymous Coward · · Score: 0

      RTFA - obviously an all-expenses paid trip to Guantanamo Bay Cuba, where the fun never ends. Literally, it's an infinite day, infinite night trip for some lucky soul.

    2. Re:I wonder what the lucky winner will get... by Anonymous Coward · · Score: 1, Insightful

      It's "Explorer." You're not clever. HTH.

    3. Re:I wonder what the lucky winner will get... by freeweed · · Score: 1

      Irony:

      Someone correcting another person's internet language/humour by using the most insipid internet abbreviation ever.

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  6. Does security through harsh penalties work? by Anonymous Coward · · Score: 1, Insightful

    I would have thought not -- but seeing how easy AAA can get in my car, I think that's how most physical security works.

    1. Re:Does security through harsh penalties work? by ScentCone · · Score: 1

      Sure. Ask anyone who works in the intelligence community! If their personal honor gets shopworn, draconian penalties for breaching security have a sobering, and powerful influence.

      --
      Don't disappoint your bird dog. Go to the range.
  7. What's next? by DamienNightbane · · Score: 4, Insightful

    Will the little Dutch boy be executed for sticking his finger in the dike?

    1. Re:What's next? by Anonymous Coward · · Score: 0

      that depends if it was dike or a dyke

    2. Re:What's next? by node+3 · · Score: 1, Funny

      Will the little Dutch boy be executed for sticking his finger in the dike?

      Depends, does this happen in a red state or a blue state?

    3. Re:What's next? by __int64 · · Score: 5, Funny

      No, but these two chicks up stairs will be if they keep it up...

    4. Re:What's next? by Anonymous Coward · · Score: 0

      Well, if the dyke didn't want Dutchie's 'finger' stuck there, execute him for good measure... Or at least cut off his 'finger'.

    5. Re:What's next? by GeorgeMcBay · · Score: 3, Funny


      Will the little Dutch boy be executed for sticking his finger in the dike?


      As long as the dyke consented, I don't see the problem.

      Ohh... dike...

    6. Re:What's next? by mog007 · · Score: 1

      Remember way back when, when the Phone companies would actully HIRE people that were Phreaking, because it turned out they knew more about the engineering behind the telephone lines than the people that actully worked for the phone company?

      Why not offer this dude a job?

    7. Re:What's next? by Anonymous Coward · · Score: 0

      No, but these two chicks up stairs will be if they keep it up...

      Why don't you go up there and ask for some sugar?

    8. Re:What's next? by Anonymous Coward · · Score: 0
      Remember way back when, when the Phone companies would actully HIRE people that were Phreaking, because it turned out they knew more about the engineering behind the telephone lines than the people that actully worked for the phone company?


      I have a feeling this is urban legend. There were only a handful of cases were so-called phreakers were hired that were publicly disclosed.

      Additionally, I knew some pretty damned good telecom engineers.. I'm not so sure phreakers were all that talented. They had shitloads of spare time and a bit of luck every once in awhile.
  8. If I break in your car... by Anonymous Coward · · Score: 5, Insightful
    with the same techniques AAA uses when some mom forgets her keys in the ignition, I'd be arrested.


    Most physical security (house locks, car locks, office building locks) is indeed "security through harsh penalties", where the locks are really not much more than an advisory symbol saying "don't do this".

    1. Re:If I break in your car... by Seumas · · Score: 5, Insightful

      If I break in your car with the same techniques AAA uses when some mom forgets her keys in the ignition, I'd be arrested.

      If you bought a car, figured out some ways to break into YOUR OWN CAR, then published those ways to alert other consumers as to the lack of security the car has, should you still be arrested?

    2. Re:If I break in your car... by Anonymous Coward · · Score: 0
      Well, if I made a master key for my car, and started selling them, I wouldn't be surprised if people complained.


      Don't think it'd be illegal, though.

    3. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Fucking hillarious. If you were logged in I'd add you to my friends list.

    4. Re:If I break in your car... by eliza_effect · · Score: 4, Interesting

      Actually, there are quite a few models of domestic cars (mainly minivans) out durring the late 80s and early 90s that use only about five different key cuts and remote (door open) codes.

      I'll wait patiently here for the police.

    5. Re:If I break in your car... by Class+Act+Dynamo · · Score: 2, Interesting

      I heard about that. A friend of mine claimed that they had a family friend whose keys opened his family's car door. I don't know if this was a true story or not, but it alerted me to this subject.

      --
      My other computer is a Jacquard loom.
    6. Re:If I break in your car... by AvitarX · · Score: 4, Interesting

      I had a 93 Saturn SL2 with a worn out key (probobly helped).

      I was at the mall and in the general area of my car gravitated to a maroon SL2, unlocked the door started to get in and noticed it was far too clean and had seat covers. I quickly got out and nervously tried to relock the door, but my key did not spin so I left. I didn't want to get into trouble for an honest mistake.

      One time I also locked my keys in the car at a gas station. The attendand was unable to slim jim the door but went back into the shop and got a small saw zaw blade (or maybe a blade for a scrolling saw) with fairly big teeth. It was a little taller then a key but the teeth were about the right size. The attendant then stuck this into the key whole and jiggled for a about 30 seconds while turning and I was in. It took a few minutes to get the blade out though due to the fact that the teether were only slanted on one side.

      Of course getting into cars ain't all that tricky anyway (big windows) and I can't speak for the ignitions.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    7. Re:If I break in your car... by dAzED1 · · Score: 3, Informative
      wah wah wah with the same old trite complaint. I'll give the same old trite response: apples, oranges. You own the car. With software, you only own the right to use one instance of it - right to use, not right to do whatever you want. Just like a radio station can't go buy a cd at a store and then play it over the airways - when you buy it at the store, you don't buy the rights to do anything and everything you want with it.

      If you'd like a starter course on property law, someone else will have to give it to you.

      Me, I truly believe information should be free, and only personal information (like, your bank account #'s, passcodes, etc) has any business being private. I'm a big supporter of all our little neo-communist mechanisms in the OSS movement. But really...don't get ownership of a car confused with ownership of software.

    8. Re:If I break in your car... by Anonymous Coward · · Score: 0

      I used to be able to open and start a friend's Ford Mustang with the key for my Ford Canardly, which was 4 years older. It came in handy when he locked his keys in the car at school or when I wanted to borrow his car ;-)

    9. Re:If I break in your car... by shoolz · · Score: 2, Interesting

      Let me give you some fodder for thought...

      In August, a local newspaper (Winnipeg Sun) published basically step-by-step intstructions as to how do break into Dodge Intrepids. This was done in the name of 'alerting owners as to how easy it is to break into and steal those cars'. Guess what. My buddy's Intrepid was stolen that night, using the exact techniques described in the article.

      Now, which side of this argument do you think he would fall on?

    10. Re:If I break in your car... by xanadu-xtroot.com · · Score: 0, Offtopic

      I don't know which is funnier:

      YOU own a Ford,
      or
      There is a group of people you know (and are friends with - including yourself) that own Fords.

      I've had two of them. I will never buy another Ford...

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    11. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Well, I would own the computer the software is on. So yeah it still good. I payed for the software, Anyway you look at it. You own that copy. So I own the hardware and the software. As long as this person didnt exploite someone elses box in the process of writing the exploit. I dont see how this could get anywere at all.

    12. Re:If I break in your car... by cheekyboy · · Score: 1

      stupid fool should buy a car immobilizer any way.

      --
      Liberty freedom are no1, not dicks in suits.
    13. Re:If I break in your car... by Shaklee39 · · Score: 1

      How do you plan on adding an AC to your friends list?

    14. Re:If I break in your car... by Fred+Foobar · · Score: 1

      The right to use includes the right to reverse engineer. It's much different from the right to redistribute (e.g., playing a CD over the airways), which is controlled by copyright law (other rights such as reverse engineering are not). Only by signing a contract (e.g., a EULA) or other laws can those rights be taken away. You don't (really) need to sign a contract just to use software anyway (you don't need to sign a contract to read a book, do you?), and that includes reverse engineering it.

      So yes, we do have every right to reverse engineer software.

      --
      It was a really good paper.
    15. Re:If I break in your car... by techno-vampire · · Score: 1

      I remember once, back in the 70's, hearing about a model of car that was prone to this. The key was short, with only a few wards, and there weren't enough sizes for each ward. It was quite possible to find another car of that model and the same color of yours by accident and have your key fit it. Weird! Don't know what they did about it but I've wondered.

      --
      Good, inexpensive web hosting
    16. Re:If I break in your car... by Anonymous Coward · · Score: 0

      How do you plan on shutting the FUCK UP, FAT MAN!!!

    17. Re:If I break in your car... by barc0001 · · Score: 4, Insightful

      He lives in Winnipeg. Car theft capital of Canada right behind Surrey and Regina. It was only a matter of time regardless.

      But to address your argument at face value, is it :

      a) better to have a hidden flaw that is only known to criminals (which is undoubtedly where the Sun heard about it from) that is built into cars for years to come, providing hundreds of thousands of easy targets...
      or
      b) expose the flaw to daylight and both force the manufacturer to do something about, and alert all owners of said existing cars to the problem so they can buy additional anti-theft devices.

      I mean, come on. If we replace the word "theft" with "car has tendancy to spontaneously explode, killing occupants in a fiery inferno of doom", everyone and their dog would be lining up to lynch any bastard who tried to defend option a.

      I don't know about you, but I would always prefer to know well in advance if my car was either easy to steal or about to explode.

    18. Re:If I break in your car... by kgbspy · · Score: 3, Funny

      The key for my car - Citroen BX - has opened the door for every other BX I've come across and had the permission of the owner to try. This is also common amongst a lot of Australian and Japanese built Fords from the 70s and 80s.

      I recall once giving my keyring to my then girlfriend to get something out of my car. Later on that day when we went to drive somewhere, I realised that my car key wasn't actually on my keyring, and was floating loose in my pocket. I asked her, incredulously, how she'd managed to get into the car without my car key, to which she replied "oh, I just used that silver one and it worked".

      My house key.

      --
      ~
      ~
      ~
      -- INSERT --
    19. Re:If I break in your car... by Anonymous Coward · · Score: 0
      I don't know which is funnier: YOU own a Ford, or There is a group of people you know (and are friends with - including yourself) that own Fords.

      What is funny is you jumping to an erroneous conclusion. I once owned a Ford (15 years ago). Perhaps the subtlety of my consistently using the past tense escaped you. The setup for the joke (there is nor such Ford as a Canardly, but, since that went over your head, I'm not going to tell you) should have been a big clue as well.

      Even funnier is your statement: I've had two of them because, unlike you, they only fooled me once.

      I will never buy another Ford...

      I, too, would never buy another, nor would anyone I know. What I can't figure out is who does still buy them. Even you stopped after two...

    20. Re:If I break in your car... by Anonymous Coward · · Score: 1, Interesting

      My dad did this while walking out of a movie rental place. 2 cars parked right next to each other, same colors, etc - got all the way to attempting to start it and realized what was wrong.

      I also work for a company that transfers personal vehicles (POVs) for military personell and, due to human nature, we lock keys in cars all the time or dead batteries (recharged) cause car alarms to go off and we have no problem breaking into even the newest vehicles or disabling the alarms.

      Of course, publishing the material is a mute point because its common sense stuff that causes it. While the door plates are protected now, its easier to stick a coat hanger in the top of the door and press the rocker switch for the locks than it is to get a tool that goes under the window.

      Posting as an AC since the company geek reads this all the time...

    21. Re:If I break in your car... by Anonymous Coward · · Score: 0

      > Now, which side of this argument do you think he would fall on?

      Obviously he'd fall on the "fool for buying a lame-ass Dodge Intrepid" side.

    22. Re:If I break in your car... by Anonymous Coward · · Score: 0

      So you make fun of the dude for owning one while you've owned two ?!?
      Way to think that one through, champ.

    23. Re:If I break in your car... by Socrates+Demise · · Score: 0, Offtopic

      What do you mean there is no such Ford as a Canardly? I thought that was a standard badge for all Fords.

      --
      I hate stupid rules... Rules that make sense I don't mind... But the stupid ones just really bug me!
    24. Re:If I break in your car... by Capt'n+Hector · · Score: 1

      True, although it took about half an hour for an experienced locksmith to get my Series 5 BMW door open. Funny how in the computer world obviously that would be unacceptable, but for cars that's considered great...

      --
      Quid festinatio swallonis est aetherfuga inonusti?
      Africus aut Europaeus?
    25. Re:If I break in your car... by Anonymous Coward · · Score: 0

      If you have a book, you aren't allowed to copy it. That's the little "c" in a circle thing.

      Encapsulated in that little symbol is all the copyright law of your country regarding books. Even if you don't know it, it's there. If you don't know it and you break the law, some nice lawyers will tell you all about it. You didn't need to sign a contract to read the book, but these laws still apply.

      When you have software, laws still apply. Software is such a new thing that the laws are still being worked out. They will be more complex than those for books and since we aren't really used to them yet, software makers include EULAs and call it a "licence agreement". Eventually it won't be a licence agreement, it will be a law.

      While we're at it every EULA I've ever bothered to glance at said you shall NOT reverse engineer. That's a condition of installing/using the software.

    26. Re:If I break in your car... by Inthewire · · Score: 0

      The cost of replication isn't the cost of creation.
      If I sell you a knife I've sold you a capability.
      If I sell you a printer driver I've sold you a capability.
      You can endlessly give away your purchase in one case - doesn't make it right.

      --


      Writers imply. Readers infer.
    27. Re:If I break in your car... by LoRdTAW · · Score: 2, Interesting

      Its real easy to get into most cars. I made a long steel 3/8 inch rod that has a 1 inch 90 deg bend on one end. I then get a large flathead screwdriver and pry the door open at the top opposite the hinges until the rod can slip inside. Then use the hook end to lift or manipulate the door lock. I can do this in under a min with the right car. I helped this woman who drove about 20 miles to look at an appartment by me and locked her keys inside her car. She was so greatful that she game me 20 bucks which i refused be she made me take it anyway. Its scary how easy it really is short of smashing a window.

    28. Re:If I break in your car... by LoRdTAW · · Score: 1

      I had a ford van that you could use an old set of ford keys to get the door open. I think the old set was from my grandfathers Bronco II he owned. The funny thing was the vans door key was longer then the bronco key. And it was the ignition key that worked too, all you did was slide it in about 2/3 the way in and jiggle it around and it worked! but it was a no go with the ignition.

    29. Re:If I break in your car... by isoprophlex · · Score: 1

      I have a 1984 Corola Sedan which has been broken into 5 times since my possesion. I've had it approximately 5 years. First time; passenger side window smashed, nothing stolen, Second Time; Window Jammed Down, nothing stolen, Third Time; Screw Driver Jamned into keyhole, nothing stolen, Forth Time: Windows Jamned down... And the 5th time, I just left it unlocked to see how many people I could attract. And guess what, because it's such a piece of crap car that no one loves (except me) I still have it.

    30. Re:If I break in your car... by Anonymous Coward · · Score: 5, Insightful

      With software, you only own the right to use one instance of it - right to use, not right to do whatever you want.

      Copyright stops you from copying. It does not prevent you from looking at the inner workings of something.

      A book critic can find fault in the language the author uses. A music critic can find fault in the way an instrument is played. A journalist can find fault in the actions of soldiers. Why can't a software engineer find fault in the software he looks at? Oh, that's right, it's e-magical so we have to come up with entirely new sets of laws and ethics.

    31. Re:If I break in your car... by AK+Marc · · Score: 4, Informative

      That's a condition of installing/using the software.

      But not a condition of sale, and they won't let you return the software, thus, the EULA is not a legal contract.

    32. Re:If I break in your car... by Anonymous Coward · · Score: 0

      According to US copyright law, you are able to use any copyrighted work, without license, in brief in "oral or written commentary, literacy or artistic criticism, or teaching materials." (http://usinfo.state.gov/topical/econ/ipr/ipr-glos sary.htm*)

      Beyond this, as is especially applicable to non-academic work, a criteria of four factors helps to decide if a copyrighted work was fairly used under the Fair Use provision: "1) the purpose and character of the use -- whether it is commercial or nonprofit; (2) the nature of the copyrighted material; (3) the amount of the total work used; and (4) the effect of the use upon the potential market -- whether or not the author is deprived of sales." (again, http://usinfo.state.gov/topical/econ/ipr/ipr-gloss ary.htm*)

      Seeing as this author:
      a) is working for a university,
      b) is attempting to educate himself about programing methodology,
      c) is critiquing the insecure nature of the anti-virus software,
      d) has created a written commentary upon the software, and
      e) is only using this process of reverse-engineering in a scholastic setting;
      I'd be forced to say, that at least according to the US State Department's definition of Fair Use under US law, that this man is innocent and was merely exercising his rights.

      However, this assumes that the act of reverse engineering took place while he was working in the States; if he was in France at the time of his reverse-engineering then he will be subject to French law.

      (*As an aside is should be noted that this is a more conservative interoperation of Fair Use, thanks W :P.)

    33. Re:If I break in your car... by secretsquirel · · Score: 0
      "I've had two of them. I will never buy another Ford..."

      Got burned twice? shame on you. I don't know what is funnier, that you bought two Fords, or that your laughing at him for less.

    34. Re:If I break in your car... by kfg · · Score: 2, Insightful

      Just like a radio station can't go buy a cd at a store and then play it over the airways. . .

      Yes, they can. In fact, all the independants do. You think they all just get free handouts of everything they want to play, or payola for playing it? Some DJs will even bring stuff from home, especially the jazz freaks. Perfectly legal.

      . . .don't get ownership of a car confused with ownership of software.

      And don't confuse a copyright license with a license to "use."

      KFG

    35. Re:If I break in your car... by God!+Awful+2 · · Score: 5, Funny

      Me, I truly believe information should be free, and only personal information (like, your bank account #'s, passcodes, etc) has any business being private. I'm a big supporter of all our little neo-communist mechanisms in the OSS movement. But really...don't get ownership of a car confused with ownership of software.

      Wow, you wrote a post on /. that:

      1. stated that software is *not* like a car
      2. mentioned OSS and communism in the same sentence

      and you were modded informative, not flamebait?!? You, my friend, are truly a god among gods.

      -a

    36. Re:If I break in your car... by aichpvee · · Score: 0, Offtopic

      I think you win. As far as we know he's only owned the one Ford. And you just admitted to owning TWO.

      --
      The Farewell Tour II
    37. Re:If I break in your car... by pizen · · Score: 2, Funny

      And that's why I try my bike lock key in every vending machine and elevator I happen across because someday I'm going to find my free cokes and override everyone's car calls.

    38. Re:If I break in your car... by Anonymous Coward · · Score: 0
      Funny how in the computer world obviously that would be unacceptable, but for cars that's considered great...

      This is very interesting and on topic.

      Seems only in the computer industry do we try to trust technology rather than the force of law to keep people out.

    39. Re:If I break in your car... by Kiryat+Malachi · · Score: 1

      2000 S-10, I walked out into the parking lot, got into my truck, and *started it*... only to notice that the music sucked, and there was a sunroof.

      Needless to say, I had good music in the CD player and no sunroof.

      I turned the car off, locked the door, and went two cars over to my truck.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    40. Re:If I break in your car... by Anonymous Coward · · Score: 1, Informative

      Huh? Radio stations pay ASCAP and BMI fees. They can play anything they want. Believe me. I have my "Musician's Business and Legal Guide" sitting right here. This very copy is on sale on Amazon.com, if you're interested. I never made any money offa music, and it's too heavy to move to Japan.

    41. Re:If I break in your car... by taniwha · · Score: 2, Funny

      I did the same thing on an old-style mini maybe 20 years back ... except in my case it was "shit we don't have a radio ...."

    42. Re:If I break in your car... by HardwareLust · · Score: 0

      Oddly enough, the factory keyless remote for my 2001 Mitsubishi Eclipse will open the doors on my neighbor's 2001 Mazda station wagon.

      Well, I should qualify that. When I press my button, it makes the Mazda emit a squeaky noise that some say resembles a horn, and the lights will flash, but I'm not sure if the locks actually pop open or not.

      --
      ...not that I'm a pirate.. Hell I've never even fired a cannon. - oldwolf13
    43. Re:If I break in your car... by Mercedes308 · · Score: 2, Insightful

      Now, which side of this argument do you think he would fall on? The "I shouldn't have bought an insecure car" side Perhaps he should direct his anguish at Dodge instead of the Newspaper. They are the ones who stuffed up the design in the first place.

      --
      And no, I couldn't give a shit what my karma is.
    44. Re:If I break in your car... by ikkonoishi · · Score: 1

      He bought a Dodge... he must have thought it was installed by default.

    45. Re:If I break in your car... by ikkonoishi · · Score: 1

      Because you can't spend thirty minutes in safety writing a perl script to break into cars and drive them to your chop shop, and then run around town using it on every car in sight.

    46. Re:If I break in your car... by 2674 · · Score: 1

      If it was stolen, then how the hell did you (or your buddy) find out that it was stolen using the exact techniques described in the article? DoH!

    47. Re:If I break in your car... by Feztaa · · Score: 4, Funny

      I don't know about you, but I would always prefer to know well in advance if my car was either easy to steal or about to explode.

      Ahhhhh, but if it was both easy to steal and about to explode, well, that problem just sort of solves itself, no?

    48. Re:If I break in your car... by ajs318 · · Score: 2, Funny

      Yeah, any Ford key used to fit any Ford lock. Once, my mother's car was off the road so she got a lift to work off a colleague in his Cortina {so you know how long ago this was}. At lunchtime, she borrowed his car to go somewhere. He chucked her the keys and off she went ..... A quarter of an hour later, he went out to the car park. His car was still there. My mum was nowhere in sight. Odd. At the end of the lunch hour, she pulled up in a Ford Escort. Not even a Cortina, an Escort! She was mortified when she found out what she had done. But there was worse to come ..... At the end of the shift, someone else's car was missing! The Escort she drove back from the shops was not even the same one she had driven off in .....

      Moral: Any Ford key fits any Ford lock. Or at least, it used to until "joyriding" was invented.

      --
      Je fume. Tu fumes. Nous fûmes!
    49. Re:If I break in your car... by ajs318 · · Score: 1

      But you have a statutory right to reverse engineer software, and nothing can take that right away from you. And if you promise not to do it, that promise is automatically null and void. There are a few other things most EULAs say that have no standing in law. Why do you think no EULA has ever been tested in court? Because {excuse my French} they're fucking illegal as fuck is why not. Anyway, if you rightfully own the CD on which the software is recorded, by law nothing on that CD is a secret from you.

      Still not convinced that statutory rights are inalienable? A piece of paper signed by a woman in the presence of witnesses consenting to sexual relations won't get you off a rape charge. Saying no to sex is a statutory right. You can't waive it. Ever.


      And the only licence I'd like to see made law is this one.

      --
      Je fume. Tu fumes. Nous fûmes!
    50. Re:If I break in your car... by DrSkwid · · Score: 1


      On UK housing estates the door keys are also from a fixed set. I don't know how many but I had a friend on the same estate as me and it turned out we had the same front door key !

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    51. Re:If I break in your car... by CritterNYC · · Score: 1

      Actually, there are quite a few models of domestic cars (mainly minivans) out durring the late 80s and early 90s that use only about five different key cuts and remote (door open) codes.

      Growing up, my mom had a gray Chevy Celebrity wagon. While at the high school for a show, I went out to the car to drive out and pick something up. I walked up to the car, opened it up, sat in the driver's seat, looked in the rear view mirror and noticed... stuff... in the back seat. Random stuff that wasn't ours. Got back out, relocked the door and found our own car about 5 cars down the road.

    52. Re:If I break in your car... by Aurix · · Score: 1


      But not a condition of sale, and they won't let you return the software, thus, the EULA is not a legal contract.


      I'd be very careful with that wording. I think you'll find the clause revoking the right to return the software will be found illegal, but the rest of the EULA will still stand.

      Cheers.

    53. Re:If I break in your car... by Mercedes308 · · Score: 1

      If it was stolen, then how the hell did you (or your buddy) find out that it was stolen using the exact techniques described in the article? HA-HA!!! The plot thickens!!

      --
      And no, I couldn't give a shit what my karma is.
    54. Re:If I break in your car... by ObitMan · · Score: 0, Offtopic

      I've owned 5, currently own one. Will probably buy another someday.
      Never had any problems not explained by normal wear and tear.

      --
      Who run Barter Town?
    55. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Obviously he stold his buddies car.

    56. Re:If I break in your car... by Anonymous Coward · · Score: 0

      But to address your argument at face value, is it :

      a) better to have a hidden flaw that is only known to criminals (which is undoubtedly where the Sun heard about it from) that is built into cars for years to come, providing hundreds of thousands of easy targets...
      or
      b) expose the flaw to daylight and both force the manufacturer to do something about, and alert all owners of said existing cars to the problem so they can buy additional anti-theft devices.


      c) quietly tell the manufacturer so they can call cars in for service and get it fixed without telling newb car thiefs who didn't know how to do it in the first place.

      Yes, it's the old full disclosure argument. From the guy in the article's own timeline, he didn't give Tegam fair warning to fix this, he just full-disclosed.

    57. Re:If I break in your car... by cgenman · · Score: 1

      Everyone is trying to pull this now. I just had a clause for binding arbitration in some obscure state come wrapped around a food processor. Of course, no mention of giving up any rights were made before money changed hands, so I fail to see how it could be considered a contract or a negotiation of equal parties. In addition, if I didn't want to accept the EULA I was supposed to ship the thing back to them at my expense. Now there is an additional monetary cost associated with the EULA. When is the supreme court going to step in and put a stop to these practices?

      BTW, you have no right to return the software. There is nothing inherent in the nature of software that would make the company you bought it from need to accept returns on it, and quite a bit in the nature and history of software that would make it a bad business idea. EULA's have been thrown out in California for this and other reasons. Other states have had varying responses.

    58. Re:If I break in your car... by dAzED1 · · Score: 1
      did I say that copyright did any such thing? On what planet are you "insightful" for such a retort?

      No, the license agreement prevents you from looking at the inner workings. You own the right to use something the way the author intended it to be used. Nothing more. Well that, and a box.

      The EXACT same damn thing as a radio station owner buying a cd at a store, and then feeling like they can play it whenever they want on their station. They don't have license to do that. Gosh, its almost as if I already gave that example...

    59. Re:If I break in your car... by Anonymous Coward · · Score: 0

      No matter how independent the radio station, they're keeping a playlist and paying out to ASCAP (at least in the US) for the public performance of those CDs.

    60. Re:If I break in your car... by dAzED1 · · Score: 1
      can someone please show me where I said the word "copyright?" I don't recall doing such a thing, and something must be wrong with my browser because in my post the word just isn't showing up at all. Maybe if I switch to IE...

      If you think someone can buy a cd at a store and then play it whenever they want on a radio station, you're very wrong. Any time a radio station plays a cd, they have to play royalties...unless, of course, they are not a commercial radio station. But if I need to give every damn stipulation to every damn example, that's going to take a while.

      The point is that purchasing the cd does not mean you can do whatever you want with it - just like purchasing the software doesn't mean you can do whatever you want with it. You merely purchase the right to do with it what the ip owner intends to be done with it. Its not terribly complicated.

      Is that good? Bad? I'm not commenting on that. I'm merely commenting on what is.

      There is far, *far* more to the property laws than just "copyright."

    61. Re:If I break in your car... by pqdave · · Score: 1

      I worked at Sears in high school. Someone came in to get an oil change and tune up on an AMC, told where in the lot it was parked. When the mechanics put the car back in the parking lot, there were police investigating a car theft, and a different man wanting to know why the mechanic was driving his car. Two spots away was the car they were supposed to work on, same model and color.

      Ignition locks provode little protection without a steering lock. On my Fords and Chryslers built before ignition locks, you could start them by connecting a wire from the battery to the ignition coil and shorting two terminals on the starter solenoid. GM's with automatic transmissions were a little harder, because the solenoid was attached to the starter under the car instead of near the battery. On Dad's VW van you could easily unplug the ignition switch and plug your own in--This would start it, but wouldn't unlock the steering.

    62. Re:If I break in your car... by dAzED1 · · Score: 1
      lol...you beat my vics. I'm coughing from the short laugh I didn't supress, damn you...

      the OSS movement clearly is the closest thing to marxist communism that has ever existed. I personally find that to be a very good thing, am not frightened by it and am instead heartened by the very ultra-idealized nature of it, so this realization doesn't keep me up at nights. I see true political change as possible thanks to the real-world success of this community I've been a part of for over a decade now.

      There is clearly a difference, however, between a car and a license to use an instance of software. One purchases the *car* - a tangible thing. Actually, I guess, people argue that you don't really own the car, the government does, but that you just obtain the right to use it from them. Meh, conspiracy crap. Look up "Manufacturer's Certificate of Origin" and ownership...people get silly. And I digress. See, with software, you purchase a license to *use* the software. You do not buy the software itself.

      In my original post I didn't say this was good or bad...oh, I hinted that it was bad, but I guess people didn't catch that. I'll say it outright: its bad! Bad policy, no ice cream for you! But being bad doesn't stop it from being. There are a lot of bad policies in effect out there. This shouldn't be news to anyone with more than just a couple brain cells.

    63. Re:If I break in your car... by dAzED1 · · Score: 1
      they can't do anything they want. They have to pay fees. Do you not think the stations would rather play the songs without paying the fees? Thanks for stating the obvious point I was making, that I didn't think needed to actually be written.

      They can not just buy a cd at a store, declare it their property to do with as they wish, and play it on their station without paying fees to various folks. Merely purchasing the cd doesn't allow them to do as they please. They have to enter seperate license agreements to do other things with it. Hell, its not even just a matter of paying fees - you have to get permission to play it in the first place.

      Same as software. If someone wants to get permission from the software manufacturer to disassemble it and find bugs, I'm sure an agreement could be made. They might even pay you, instead of you having to pay them! Amazing, that. But short of gaining that additional permission above and beyond the license you purchased when you "bought" the software, you don't have the legal right to do that.

    64. Re:If I break in your car... by dAzED1 · · Score: 1
      all the sale grants you IS that license. If you then decide you don't accept the license, you then have spent money on a box, and nothing else. You have gained no real use.

      Look up the laws. Simply purchasing the software does NOT grant you free reign. It does *nothing* other than giving you a license to use.

    65. Re:If I break in your car... by schon · · Score: 1

      With software, you only own the right to use one instance of it - right to use, not right to do whatever you want.

      Bullshit. You own a *COPY*, and can do anything you want with it, except for what is forbidden by copyright law (ie. *COPY* it - and even then, most jurisdictions allow you to do that, provided you don't distribute the copies.)

    66. Re:If I break in your car... by dAzED1 · · Score: 1

      food processors are not protected by the same sort of laws that protect software.

    67. Re:If I break in your car... by Chris+Burke · · Score: 1

      I'll give the same old trite response: apples, oranges. You own the car. With software, you only own the right to use one instance of it - right to use, not right to do whatever you want.

      It isn't apples and oranges. You own the copy of the software. That's why you can, for example, sell your copy of the software just like you can sell your car. You cannot sell a copy of the software because that would violate copyright, but that's not what we're talking about.

      Certainly software companies would like for it to work the way you describe, and are doing their best to pressure lawmakers into making it happen. They'd love it if you couldn't use their word processor to write critical reviews of the word processor, or use their compiler to write Free Software, or if you couldn't reverse engineering their crappy code. Well, too bad for them and you.

      Just like a radio station can't go buy a cd at a store and then play it over the airways - when you buy it at the store, you don't buy the rights to do anything and everything you want with it.

      It isn't like that at all. Why can't a radio station broadcast a CD? Because that is considered a public performance, and thus would violate copyright. The station needs a license from the copyright holder in order to perform the music.

      Reverse engineering has nothing to do with copyright... well, again until the DMCA, but in theory only when reverse engineering a copy-protection mechanism. You are the one with the apples-to-oranges comparison.

      If you'd like a starter course on property law, someone else will have to give it to you.

      You got that right.

      Me, I truly believe information should be free, and only personal information (like, your bank account #'s, passcodes, etc) has any business being private. I'm a big supporter of all our little neo-communist mechanisms in the OSS movement. But really...don't get ownership of a car confused with ownership of software.

      Don't get right to privacy confused with a right to reverse engineer! I disagree that only a handful of things should be allowed to be private, but as soon as I distribute something in the form of a car or software then the information contained therein should be discoverable.

      Ownership of cars and software are not confused, they are parallel. Software isn't magic.

      --

      The enemies of Democracy are
    68. Re:If I break in your car... by Chris+Burke · · Score: 1

      did I say that copyright did any such thing? On what planet are you "insightful" for such a retort?

      Because your radio station analogy only makes sense in the context of copyright.

      The EXACT same damn thing as a radio station owner buying a cd at a store, and then feeling like they can play it whenever they want on their station. They don't have license to do that. Gosh, its almost as if I already gave that example...

      But that example sucks, because it depends on copyright.

      --

      The enemies of Democracy are
    69. Re:If I break in your car... by mausmalone · · Score: 1
      Of course getting into cars ain't all that tricky anyway (big windows) and I can't speak for the ignitions.
      A slim-jim is probably the easiest way to go for getting into a car (make sure nobody's around, and then with confidence walk up and slip it in). This also preserves the window, which can be helpful for when you're driving away and a cop passes you. Also, since you're bringing tools, bring a 7 or 8 inch long flat head screwdriver. For most cars, you can simply jam the head into the keyhole and twist to get the ignition going.

      So, uh.... does that make me sue-able?
      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    70. Re:If I break in your car... by dAzED1 · · Score: 1
      so smarmy we are...

      He's a question, oh enlightened one - how do you reverse-engineer something without your work (the reverse engineering) being a *derivative work*, for which you did not obtain permission from the copyright owner?

      Before you claim to know everything, start by knowing a little. All I'm asserting is that owning a car is different from owning a license to use software. I know a little about that, and can soundly defend the claim that the two types of ownership are, in fact, different. You, on the other hand, are completely ignoring vast sections of the laws protecting software and other creative works.

      And as I've said several times...I don't *like* that its different. It just *is*.

    71. Re:If I break in your car... by kfg · · Score: 1

      Any time a radio station plays a cd, they have to play royalties...

      Of course they do. They go to the store, buy a CD, play it over the air, and then pay a mechancal royalty, and no one can stop them from doing so.

      You have to put a quarter in the basket to use a toll road too. That doesn't mean you can't use the road.

      The point is that purchasing the cd does not mean you can do whatever you want with it. . .

      Yes, yes it does.

      You merely purchase the right to do with it what the ip owner intends to be done with it.

      This is absolute nonsense. You've been reading too many EULAs and thinking that just because it's in there it must be legally enforcable. There is no such thing as a "use" license. It is a copy license and covers intallation (among other things that require making a copy), not use, and you'll find no EULA on a music CD, only a copyright notice.

      This is exactly why Microsoft wants to lease software over the internet rather than distribute it on CDs and license it. With a lease you have great rights to control use. With a copyright license you have few to none.

      There is far, *far* more to the property laws than just "copyright."

      But not when we're discussing properties whose only claim to being a "property" is copyright law. A CD, of course, whether it contains music, literature or software, is actually property.

      Just like a book is property.

      And you can do any damned thing you want with a book. . .except copy it. If literature had mechanical royalties like music does you could even do that.

      KFG

    72. Re:If I break in your car... by dAzED1 · · Score: 1

      no, it depends on licensing

    73. Re:If I break in your car... by mausmalone · · Score: 1
      Nevertheless, we are talking about finding and documenting bugs with some example exploits. By this logic, MS could sue you if you pointed out that IE is a piece of crap and that
      <input type crash>
      is an exploit. (If you haven't updated IE in a real long while, give it a shot, it really works.) Keep in mind that MS didn't sue the people who found this... They did what they should've and patched the bug.
      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    74. Re:If I break in your car... by z80kid · · Score: 1
      did I say that copyright did any such thing? On what planet are you "insightful" for such a retort?

      His comment is insightful. Yours is bordering Offtopic.

      He is referring to something commonly known as fair use. A critic can play a few seconds of a movie or song, or quote an excerpt from a book or magazine, in order to make a point about it. You keep comparing that to buying a CD and giving what is known as a public performance from it. They are two entirely different things.

      As for the license agreement, that is also an entirely different topic that has been debated here tirelessly, and has nothing to do with your radio station analogy.

    75. Re:If I break in your car... by Chris+Burke · · Score: 2, Insightful

      Copyright is what requires you to have the license to broadcast over the radio. You are perfectly free to do anything that copyright doesn't restrict you from doing without any kind of license whatsoever.

      --

      The enemies of Democracy are
    76. Re:If I break in your car... by Anonymous Coward · · Score: 0

      There is a marginal chance that the police found the car and they told him how the theif stole it

    77. Re:If I break in your car... by dAzED1 · · Score: 1
      its a perfect example in that you only purchase a license to use it in a prescribed way. You also need to do a bit more research into copyright - it doesn't just deal with public performance, but also with derivative works...its a bit hard to reverse-engineer something without it being derivative, is it not?

      Offtopic? How on earth is it offtopic? How is it not dead-on topic?

    78. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Not that I agree with it, but isn't it that it has to be copied to RAM in order to run it and you you are copying it?

      Even just looking at it in a hex editor would involve moving the contents to some sort of buffer right?

      A Nony Mouse

    79. Re:If I break in your car... by dAzED1 · · Score: 0, Troll
      there is more to "copyright" than just *copying*. There is *derivative works*, which covers a large gambit of things. If you buy Microsoft Office and use it to make a Word document, that is a *derivative work*. To be allowed the right to create that derivative work, something protected by copyright law, you have to agree to the license. And again again...I don't *like* this, instead I actually quite despise it, but that doesn't make it not true.

      Additionally, radio stations often have to play song X to be allowed to play song Y...or, if they're going to play song Y at all, they have to put it on heavy rotation, playing it several times a day. They can't just put a cd in and send a quarter to someone - they have to get permission first, and often times (with top-40 pop, at least), that permission comes with a list of stipulations. Another example: you can't just buy a dvd and show it at a theatre, then send a check to someone. YOu have to get *permission* to do it first, because they may decide that if you are going to show it just once, you must show it a minimum of twice a night for 2 weeks, and on 1700 screens. Such are given as requirements on a regular basis.

    80. Re:If I break in your car... by Joules+Burn · · Score: 1

      Distributing someone elses copyright work is not the same thing as distributing a critique of someone elses work. This is more like, I buy a lock for my house, the salesman says it's undefeatable. I take it apart and find out that's not true. I tell my friends they shouldn't use this lock because it doesn't live up to it's claims. I goto jail for IP crimes because I exposed a fraud.

    81. Re:If I break in your car... by dAzED1 · · Score: 1
      go look up derivative works, and just how much that restricts you.

      Additionally, you can't do anything you want. To say such is silly. I want to have sex for the next 80 years, while being fed organic vegan cheesecake, and have my own personal string quartette playing for me. Copyright doesn't keep that from happening, right?

    82. Re:If I break in your car... by dAzED1 · · Score: 1
      a very sucky situation. I completely agree that there is nothing fair or just about that. I am not in disagreement.

      Unfortunately, derivative works for copyrights have gone wild (and have been supported by courts in their insanity) in comparison to derivative works of patented products.

    83. Re:If I break in your car... by optimus2861 · · Score: 2, Insightful
      .its a bit hard to reverse-engineer something without it being derivative, is it not?

      You just keep digging yourself in deeper, you know. Reverse-engineering is a well-established fair use of copyrighted material under copyright law. IBM PC clones came to market in large part due to Compaq (IIRC) reverse-engineering the IBM BIOS and creating their own implementation of the functionality they observed through that process. IBM couldn't touch them, because the functionality wasn't and can't be protected under copyright law, only IBM's implementation (or "expression" to use the term in copyright law) of that functionality.

      Reverse-engineering an anti-virus program and describing the functionality thereof is exactly the same thing. Under the law, 100% legal. Under stupid draconian EULAs that the courts are all too likely to uphold (see Blizzard v. bnetd), you're up shit creek, though. Which is different from what the law is.

    84. Re:If I break in your car... by dAzED1 · · Score: 1
      what hole is it that I'm digging myself deeper into? Would that I were wrong. I'd love to be.

      You should take another look at my comments. I've already mentioned that how courts handle things is ultimately important in this. Guess what - if a court rules a certain way in favor of EULA's, that *makes* it law. Statutory law is not the only form of law. There's also case law, and administrative law.

      And please, don't be confused - I would most definately prefer none of this to be the case, and for stupid things like this to not land people in jail. I am very against that. I'm not digging the hole myself, though - I do what I can to fill it back in, if anything.

    85. Re:If I break in your car... by Anonymous Coward · · Score: 0

      go look up derivative works, and just how much that restricts you.

      WTF are you babbling on about? Copyright restricts you from making derivative works. So when he said "You are perfectly free to do anything that copyright doesn't restrict you from doing", derivative works obviously don't come into it.

    86. Re:If I break in your car... by Chris+Burke · · Score: 1

      He's a question, oh enlightened one - how do you reverse-engineer something without your work (the reverse engineering) being a *derivative work*, for which you did not obtain permission from the copyright owner?

      That's easy. Reverse engineering of a legitimately owned copy is protected under fair use. You absolutely can not distribute said representation, or copy it into another work, which is why when re-implementing something via r.e. clean room techniques are used.

      Ironically, if this wasn't the case and you were correct, then we probably wouldn't be talking to each other right now because the reverse engineering by Phoenix of IBM's BIOS would have been prohibited, and the explosion of cheap clone PCs may not have happened. The software and hardware industries are replete with the results of reverse engineering, very little of which was authorized because it needn't be.

      By the way, another fair use provision that may interest you is the right to make those copies required by the standard operation of the software. E.g. the fact that the software must be copied onto your hard drive to be installed, and must be copied from your hard drive to main memory in order to run means that you can perform these copies without violating copyright.

      Before you claim to know everything, start by knowing a little. All I'm asserting is that owning a car is different from owning a license to use software.

      You own a copy of the software, just like you own a copy of a CD or a car. The difference between cars and software is that software is copyrighted. Of course there are plenty of copyrighted portions of a car, e.g. the software for the various microcontrollers, so they really aren't that different at all.

      But let me put it another way: Owning software and owning a car are the same in every way until such time as you run afoul of one of the provisions of copyright law.

      You, on the other hand, are completely ignoring vast sections of the laws protecting software and other creative works.

      Not at all. Those "vast sections of law" are collectively called "copyright law" and they don't work in the way that you think they do. For example, you ignore that you can still own an instance of a creative work (all that is prohibited are those things protected by copyright), and you ignore the existence of fair use.

      And as I've said several times...I don't *like* that its different. It just *is*.

      It's not different in the way you think it is. That's all.

      --

      The enemies of Democracy are
    87. Re:If I break in your car... by AvitarX · · Score: 1

      I have read that slim jimming newer (older by todays standards) GM's is diffucult.

      Is this true?

      The customers at the gas station (more mechanic type then text filez geek type) seamed to think slim jimming a Saurn was neigh impossible.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    88. Re:If I break in your car... by Anonymous Coward · · Score: 0

      what hole is it that I'm digging myself deeper into?

      You are making erroneous claims about copyright, and when somebody responds, you give the one example that is rock-solid fair use. The whole fucking IBM-PC clone industry is built upon this type of fair use FFS! It's iron-clad.

      When you buy something, it is your property. As long as you don't infringe upon copyrights, you can do whatever you want with it. You don't need a license to do so. Reverse engineering is definitely not infringing upon anybody's copyrights.

    89. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Not that I agree with it, but isn't it that it has to be copied to RAM in order to run it and you you are copying it?

      It depends on where you are. In the UK, that is true. In the USA, you explicitly have the right to make copies in this kind of situation.

    90. Re:If I break in your car... by eaolson · · Score: 1
      Actually, there are quite a few models of domestic cars (mainly minivans) out durring the late 80s and early 90s that use only about five different key cuts and remote (door open) codes.

      I have a 92 Saturn SL, and a former neighbor had a similar model. Mine was dark blue, his was green, and in the night he once unlocked my car by accident. He was surprised, since his car didn't have an alarm, and mine did.

      As we later discovered, his key would not start my ignition, however.

    91. Re:If I break in your car... by Chris+Burke · · Score: 1

      go look up derivative works, and just how much that restricts you.

      I'm aware. The point, please?

      Additionally, you can't do anything you want. To say such is silly. I want to have sex for the next 80 years, while being fed organic vegan cheesecake, and have my own personal string quartette playing for me. Copyright doesn't keep that from happening, right?

      When you resort to such disingenuous pedantry it just makes you look stupid. I said "free to do" not "capable of doing". We were talking about what is prohibited, not what is physically possible. Which you knew, but were trying to score points by saying it was "silly" -- but only if you pretend to be an idiot.

      But no, copyright doesn't keep that from happening. :)

      --

      The enemies of Democracy are
    92. Re:If I break in your car... by dAzED1 · · Score: 1
      good lord people...look it up! I'm not making this up! Copyright protects derivative works!

      The ibm-pc clone industry was able to happen for *one reason alone* - IBM started granting licenses to make clones to a select few people, and then the US government stepped in and declared that they had a monopoly! If the gov were to declare that MS had a monopoly, then that would open up all sorts of things as well. This one anti-virus software company definately didn't have a monopoly on anti-virus software, though.

      Have ya not noticed there aren't a lot of mac clones out there? Any clue why? Because Apple doesn't do what IBM did when the IBM clone industry was born. Derivative works. Look it up.

    93. Re:If I break in your car... by kfg · · Score: 1

      If you buy Microsoft Office and use it to make a Word document, that is a *derivative work*.

      No, it isn't. In fact, this is the single silliest misconception about copyright I have ever seen and simply goes to demonstrate your cluelessness about the matter.

      They can't just put a cd in and send a quarter to someone. . .

      Yes they can. That's why it's called a mechanical royalty and they have to keep play lists, so they can be checked for who gets the quarter.

      . . .they have to get permission first. . .

      No, they don't. That's why it's called a mechanical royalty. Permission is not needed, and cannot be denied. You need to pay a license fee. Although this is often done up front in such cases with scripted playlists such can be done after the fact. It's a matter of fees, not permission. Like a basket toll road (some of which actually used to collect the toll after you used the road. See the song "Charlie on the MTA.")

      Almost no college radio station has such a scripted playlist. The DJs just play whatever the hell they feel like, whenever the hell they feel like it, either from out of the station bins, or something they've brought in themselves. They have to log what they play so the right person can get the quarter afterward.

      I do live radio work of copyright protected material all the time. No one has any idea what I'm going to do before the show, least of all me. I don't have to ask anyone permission first, neither does the radio station. They have to keep track of what I sing and send the quarter to the appropriate rights holder/agent.

      There's absolutely nothing illegal about live radio. I don't know where you could have gotten the idea that there is. Probably from the same place that makes you believe if I write a novel with Word or vi that novel is a derivative work of Word or vi.

      This is why BMI exists in the first place. To monitor broadcast behavior and collect the quarters.

      If I want to record a CD of protected works, likewise, I do not need permission. No one can stop me (the caveat being that author has the right to make the first recording. Once that anyone makes a legitimate recording that right is mooted). I simply owe a fee per sale. After the fact. Fill out a form, send in the quarter (albeit life is easier if you fill out the first form up front).

      That's all. That's the law. Nobody can sue or arrest me or the radio station personel/owner if the license fee is paid in a timely manner. If it isn't, they can sue for the license fee, just like you can sue your neighbor for the twenty bucks he promised you for mowing his lawn but didn't remit.

      As for top 40 playlist contracts you are confusing issues of industry politics with law. Many of those contracts aren't even legal and rely on everyone playing along without making a fuss, just as is the case with a software EULA. Google around on radio payola scandals. There are laws specifically against such monopolistic behavior. That's where the idea of a mechnaical royalty came from in the first place, to inherently prevent the rights holder the right to grant or deny permission to copy (either by recording or broadcast) a musical work.

      Contracts and license terms are not law. You need to read the law to determine what the law is, not what you've heard about some term in some contract.

      You have some very peculiar ideas about his stuff.

      KFG

    94. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Why on earth do you keep banging on about derivative works? This has nothing to do with derivative works. It's about reverse-engineering.

    95. Re:If I break in your car... by dAzED1 · · Score: 1
      "fair use" doesn't allow anything you want to put under it. I'm not the one declaring this so - judges are doing that.

      Reverse engineering is not protected under fair use. Would that it were! People go to jail for such things, though...quite often, in fact.

      And again with the IBM clone thing - there were IBM clones for 2 reasons. 1) IBM licensed some people to make clones. Bad move. 2) The US government stepped in and broke up their monopoly. This wasn't a single event, either - it started with a trickle.

      This company doesn't have a monopoly on anti-virus software.

    96. Re:If I break in your car... by Oligonicella · · Score: 1

      You say you get it, then you show you don't.

      You does not "own" the software. Read your agreement. It is outlined in there what you do and do not have the right to do. If you had no intention of going along with it, then you're operating in bad faith. That is how this could get anywhere at all.

    97. Re:If I break in your car... by Anonymous Coward · · Score: 0

      No, the license agreement prevents you from looking at the inner workings.

      First you have to show why the license agreement is legal. As far as I know, they've never been tested in court, and are definitely illegal in some places (e.g. Scotland).

      Second, you have to explain why I would agree to such a thing, seeing as copyright does not restrict reverse engineering.

      You own the right to use something the way the author intended it to be used.

      You are utterly wrong. Copyright restricts copying, it doesn't dictate use.

      The EXACT same damn thing as a radio station owner buying a cd at a store, and then feeling like they can play it whenever they want on their station.

      That's redistribution (broadcasting), a form of copying. Copyright forbids this, because copyright forbids copying. Copyright does not forbid reverse engineering.

      Try and pick a better analogy next time.

    98. Re:If I break in your car... by dAzED1 · · Score: 1
      I used to be a DJ for a popular morning show, so I gota say I have at least *some* background in this myself.

      YOu don't have to ask for permission for each time you play it, no. YOu have to get license to play it at all. 99% of the time, that comes with no conditions. Sometimes, there are little things you have to do - to play it once, you have to play it 10 times. That sort of thing. Sortof like theatres that had to leave Episode 1 playing for weeks after people stopped watching, because it was part of the condition for being allowed to play it up front. There's more to a license than just a fee...there's the license. Licenses have terms. Some terms are simple. Some are complex.

    99. Re:If I break in your car... by mdwh2 · · Score: 1

      wah wah wah with the same old trite complaint. I'll give the same old trite response: apples, oranges. You own the car. With software, you only own the right to use one instance of it - right to use, not right to do whatever you want.

      But if we accept that property and software are different things, then the original poster's claim that this is analogous to "If I break in your car" must be rejected as false anyway.

    100. Re:If I break in your car... by dAzED1 · · Score: 1

      maybe because reverse engineering is a derivative work? Ya know, that just might be the case...huh.

    101. Re:If I break in your car... by polymath69 · · Score: 1
      The key was short, with only a few wards, and there weren't enough sizes for each ward.

      Doesn't sound like you know what a ward is. Basically, in a warded lock, a ward is a part that prevents the wrong key from working. (In a pin or disk lock, the key parts allow only the right key to work.)

      The best-known warded locks are those cheap Master padlocks where the keys look sort of like herringbones. If you file off all of the intermediate pins from a given key, the result will open any lock of that design, because it's the bit at the tip that releases the lock, and all the other bits are only there to stop wrong keys from turning.

      (There's a bit more to it than this, but this isn't the place for it.)

      --

      --
      I don't want to rule the world... I just want to be in charge of mayonnaise.
    102. Re:If I break in your car... by Anonymous Coward · · Score: 0

      good lord people...look it up! I'm not making this up! Copyright protects derivative works!

      We know you nitwit! I'm seriously starting to question whether you have a solid grasp of the English language. You do know what reverse engineering is, right? Figuring out how something works? How on earth is that a derivative work?

      The ibm-pc clone industry was able to happen for *one reason alone* - IBM started granting licenses to make clones to a select few people, and then the US government stepped in and declared that they had a monopoly!

      Er no. Phoenix did a clean-room reimplementation of IBM's BIOS. It involved hiring people to document what the BIOS was supposed to do, then hiring people who had never clapped eyes on the IBM BIOS, so they could use that description as a model for their own BIOS. IBM sued them for copyright infringement and lost.

      I don't know where you get your information, or if you just make it up as you go along, but you have a lot to learn.

      Derivative works. Look it up.

      I get it. You've learnt a big word and you are keen to show it off. That's why you keep yammering on about derivative works. Here's a clue: after learning how to spell a word, the next step is to learn what it means before spewing gibberish all over a website.

    103. Re:If I break in your car... by Anonymous Coward · · Score: 0

      This is not a derived work. You clearly don't know what a derived work is. Please give up. You lost the argument about 10 posts ago.

    104. Re:If I break in your car... by dAzED1 · · Score: 1
      OK everyone, you win.

      You're all right, I'm wrong.

      no one is going to jail over this sort of thing.

      Case law is not law - only statutory law is law. Administrative law isn't law either.

      one can reverse-engineer something without it being derived from the thing they are reverse engineering. Instead, it just happens to reverse engineer the product, without the engineer doing the reversing ever having looked at the product being reverse engineered. Completely non-derivative work, so...definately not relevant.

      anything and everything is completely legal under "fair use." I can buy a gun and shoot everyone - that's a fair use of a gun, right? I can do whatever the hell I wish with whatever I pay money for. If I buy a single aspect of something (be it a license, a timeshare, or whatever) I then own the entire thing. Not just a part, ALL of it.

      Good lord, people - I don't think the guy should go to jail. I think its stupid that he, or anyone else, should for pointing out a flaw in an application. I'm not talking about what is right, what is just, what is good...I'm just talking about what IS . In case, administrative, and even statutory law - its illegal. Wish that it weren't, but it is. Proof? there are people in jail already for doing the same thing.

    105. Re:If I break in your car... by Anonymous Coward · · Score: 0

      maybe because reverse engineering is a derivative work?

      No. Reverse engineering, in layman's terms, is figuring out how something works.

      I don't know where you got the brain-dead notion that it's a derivative work, but you are completely and utterly wrong.

    106. Re:If I break in your car... by shoolz · · Score: 1

      When it was recovered that night, and after the car was returned to him, we could see the exact pattern of damage on the door and lock. This pattern of damaged matched exactly the method used in the article. Duh! :)

    107. Re:If I break in your car... by dAzED1 · · Score: 1
      We know you nitwit! I'm seriously starting to question whether you have a solid grasp of the English language

      You know me? Crap! Oh, wait, maybe you meant "We know, you nitwit!" Oh well. Grasp on the English language, indeed.

      reverse engineering is not just figuring out how something works. He didn't just figure out how it works. RTFA *nitwit*, or even just the article itself. He *broke* it. "publishing exploit codes for a number of vulnerabilities" is not just figuring something out. He composed derivative works - an exploit - that he then published.

      Remove the plank first, man. I'll take care of my own splinter.

    108. Re:If I break in your car... by shoolz · · Score: 1

      Wrongo. He fell on the "Why the hell would the Sun publish a step-by-step guide with pictures on how to break into my car?!?! Surely they must have known that information would only be used by criminals!?!?! Could it not have gotten the message across with out a paint-by-numbers guide on how to do it?!?!? Fuckers!!"

      Well, he's right in a way. I agree that security flaws in cars need to be exposed so consumers can be aware... however in this case, the journalism was easy and sloppy. Rather than doing a make-by-make comparison and exposing Dodges as easy to break into, they simply published a how-to guide. Terrible.

    109. Re:If I break in your car... by dAzED1 · · Score: 2, Insightful

      if you're merely just figuring it out, you're not *engineering*. When you then do something like "publishing exploit codes for a number of vulnerabilities" you are creating a FREAKING DERIVATIVE WORK. The expoit itself is the reverse engineering...it is the derivative work. He published it. BOOM. Therein lies the problem with what he did. He didn't just figure out how it works - if that's all he did, then no one would have ever cared. He figured it out, CREATED an EXPLOIT, and PUBLISHED it.

    110. Re:If I break in your car... by shoolz · · Score: 1

      Though your argument is a bit scrambled and uses very charged language, I think I see your basic point. To address it: You *should* want to know that your car is easy to steal. I would want to know the same about mine. However, would you be happy that a step-by-step guide with photos is published in the newspaper for the make of car that you just bought? Would you not prefer that a journalist did a responsible job by doing a make-by-make comparison and providing high-level data rather than a pictoral how-to on one random make of car?

      Again, considering the timing of the theft of my buddy's car with the article in the paper (basically same day), how would your feelings on the argument change if you were in his shoes?

    111. Re:If I break in your car... by z80kid · · Score: 1
      You also need to do a bit more research into copyright - it doesn't just deal with public performance...

      Of course it deals with more than public performance. You are wandering off here again.

      The original analogy that you were trying to prove a point with referred to buying a CD and taking it to a radio station. That is public performance, and does (as you pointed out) require a license.

      Playing 10 seconds of one or two songs from that CD in a critique of the album is fair use. That does not require a license. That is my point, and that is where your analogy breaks.

      I'm not disputing that taking an entire work and handing out copies, or running around playing/performing that work for the masses, runs afoul of copyright. But traditionally, taking a small portion of the work to prove a point about that work has been protected as fair use.

      Probably a good thing for us that the mods don't have a "-1: Horse already deceased."

    112. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Reverse engineering is not protected under fair use.

      By all means, please explain how it is that Samba hasn't been sued into oblivion by Microsoft for copyright infringement then.

    113. Re:If I break in your car... by Anonymous Coward · · Score: 0

      reverse engineering is not just figuring out how something works.

      That's exactly what it is.

      Reverse engineering (RE) is the process of taking something (a device, an electrical component, a software program, etc.) apart and analyzing its workings in detail

      He didn't just figure out how it works. RTFA *nitwit*, or even just the article itself. He *broke* it. "publishing exploit codes for a number of vulnerabilities" is not just figuring something out. He composed derivative works - an exploit - that he then published.

      Exploits are not derivative works. I fail to see why you think they are. They copy nothing from the thing they are trying to exploit.

    114. Re:If I break in your car... by Anonymous Coward · · Score: 1, Insightful

      if you're merely just figuring it out, you're not *engineering*.

      *Round of applause*. That's why it's called... wait for it... reverse engineering! Somebody took a design and engineered a product... and then somebody else did the reverse, and figured out the design from the product. *Reverse* *engineering*.

      When you then do something like "publishing exploit codes for a number of vulnerabilities" you are creating a FREAKING DERIVATIVE WORK.

      You go on and on about this, but you have yet to offer a single reason for believing so. Is this just a particularly unimaginative troll? If not, you have some very odd ideas about copyright.

      He figured it out, CREATED an EXPLOIT, and PUBLISHED it.

      So? People figured out Windows file sharing, CREATED SAMBA, and PUBLISHED it. People figured out the IBM BIOS, CREATED a CLONE, and PUBLISHED it. People figured out the Office file format, CREATED a CLONE, and PUBLISHED it. Reverse engineering is not only legal, it's widespread.

    115. Re:If I break in your car... by Anonymous Coward · · Score: 0

      [straw-man, straw-man, straw-man...]

      Proof? there are people in jail already for doing the same thing.

      Details please.

    116. Re:If I break in your car... by sjames · · Score: 2, Insightful

      its a perfect example in that you only purchase a license to use it in a prescribed way.

      Actually, that's a strongly contested issue in law right now. Some maintain that because the license is hidden away inside the box, it carrys no force and first sale applies. That is, if it looks and feels like you bought it, you DID buy it. If so, you are only restricted by copyright which does allow reverse engineering. Note that this does disallow public performance (such as playing a CD you bought on the radio).

      Personally, I maintain that the act of licensing software but making it look like a sale is fraud and should be treated as fraud. Just because a lot of big corporations all routinely commit fraud doesn't mean we are obliged to look the other way.

      The fair alternative is to grant everyone the right to do this. That is, If the software can contain a hidden EULA, I have the right to write up MY terms on the back of the check I pay for it with. "By cashing this check, recipiant agrees that this constitutes a first sale, any EULA is null and void, and that recipient has legal authority to enter into this agreement. Recipient further agrees to pay any and all legal expenses arising from blah blah blah". If the company doesn't like MY terms after the fact, they'll just have to contact me and negotiate. Given the way that usually works out when the end user doesn't want to click on accept, I have the moral right to just hang up when they call to disagree.

      Since the above is clearly unacceptable, I guess we'll just have to go back to good old copyright, or admit to being a Fascist state.

      its a bit hard to reverse-engineer something without it being derivative, is it not?

      Not really. Inter-operation is not derivation. Nor is commentary or review.

    117. Re:If I break in your car... by an+enormous+void · · Score: 1

      My parents owned an early 80's model Nissan Maxima and an early 80's model Nissan Stanza that had "interchangable" keys. The Maxima's key cut looked a little bit more complex than the Stanza's, but either car was perfectly happy to use either key.

    118. Re:If I break in your car... by kfg · · Score: 1

      YOu have to get license to play it at all.

      That is entirely correct. Just like you have to pay the toll on the road to use it at all. It is incorrect to believe that the license must inherently be arranged in advance or that the license can be denied under any circumstances.

      There's more to a license than just a fee...there's the license. Licenses have terms. Some terms are simple. Some are complex.

      With mechanical royalties such terms are set by law, not contract, and yes, it's just a matter of the fee. You may follow the contract terms if you wish, but the law does not require you to do so, even if you have signed it. Some rights cannot be signed away, even if the lawyers leave you with the impression that you have done so. That's one of the things that lawyers do, and why they have the reputation they have. Particularly music industry lawyers. The entire raison d'etre of mechanical rights is that they cannot be signed away by contract.

      Broadcast, recording and performance licenses of musical works are mechancial. That means they are set by law and do not need negotiating at all. Permission to record, perform or broadcast a muscial work cannot be denied and the terms and fees are set by law.

      Sortof like theatres that had to leave Episode 1 playing for weeks. . .

      For starters, this is a strawman argument, as the laws governing movies are different from those governing musical works, so it isn't "sort of like that" at all.

      And again, you are confusing contract with law and simply assuming the terms of a contract reflect enforcable law. Often this is not the case. That's one of the reasons we have courts. License terms may well, in and of themselves, be invalid. That's why virtually every contract on God's green earth has that "if any term of this contract is invalid the other terms remain valid" clause in the fine print, so that something they tried to sneak over on you doesn't invalidate the entire contract.

      I can write up and get you to sign any damed fool thing I want. If you're fool enough to believe it imposes actual legal restrictions upon you, well, the better for me.

      Sucks to be you though. Smarten up.

      I'm not a DJ. Some of my best friends are though, or hosts of live musical radio shows. I did grow up in a household with a manager of GE Broadcasting Corporation though, and am a singer/songwriter/recording artist who does a fair amount of live radio and does some sort of thing that is legally defined as a performance on a nearly daily basis.

      This shit surrounds me like a Satanic halo, 24/7. The Berne Convention defining arrangements of public domain works as copyrightable really fucked over my world completely (Dave Van Ronk didn't make a penny from The Animals using his arrangement of House of the Rising Sun, because at the time arrangments of public domain works could not be protected. I once had to spend a half hour with a rather inebriated Dave pissing and moaning about that).

      I'm not an IP lawyer. That's why I pay an IP lawyer, because the other guy's IP lawyer is there to try to fuck me out of my inherent rights. I try not to let them do that. Where we are discussing rights set by law, again, you can obtain those rights even after signing a contract, because the contract has no legal standing.

      Let me repeat, because you should really grasp this idea, license terms are not the law, and may well be invalid.

      Invalid license terms you may simply ignore.

      KFG

    119. Re:If I break in your car... by Anonymous Coward · · Score: 0

      You does not "own" the software. Read your agreement.

      What agreement? That bit of paper I ripped up when I opened the box? I didn't agree to it. You don't need permission from the copyright holder to install and use software in the USA. Why should anybody agree to it?

      It is outlined in there what you do and do not have the right to do.

      I have the right do do whatever I like with it so long as I don't infringe upon anybody's copyrights. Installing, using, and reverse engineering do not infringe upon copyright.

      If you had no intention of going along with it, then you're operating in bad faith.

      Why would it be bad faith to not agree to something you don't need to agree to? If anything, the copyright holders are acting in bad faith by trying to con you into agreeing to a license that you don't need to agree to. If anything, the store owners are acting in bad faith by selling you something and attempting to put further restrictions upon it after the point of sale.

    120. Re:If I break in your car... by operagost · · Score: 1

      My 1995 Skylark took about 10 minutes for an experienced (about 10 years) locksmith. That's forever. By the way, it was the mechanic who locked the keys in, not me!

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    121. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Hm. Good point.

      But then, by that rationale, *everything* is a derivative work since *nothing* is developed in a void. See Lessig's arguments for this.

      Copyright was away to encourage people to share their derivative works and allow them to profit from their end contribution *for a reasonable time*

      Copyrights exist to benfit the consumers, not the creators. They are rights granted by the people for their own benefit.

      In a highly competetive environment, such as a globally connected world (like this one), market forces would drive down the value of creativity since the supply of creative people is so much larger. We already have a global consumer space.

      Essentially, the media owners are attempting to stop the offshoring of creativity to inexpensive foreign talent. They are trying to hold back the market forces on the creative side to maximize their profits. This will work, but only for a while. Eventually, the global market for creativity will overcome this.

    122. Re:If I break in your car... by Demonspawn · · Score: 1

      no No NO!!

      Stop being a sheep and LOOK UP THE LAWS!

      If you buy software, you buy a box with a CD in it. At that point, you are bound ONLY by copyright laws. Copyright allows you to modify that which you purchaced, as long as you do not distribute. You are fully within your right to erase/modify the EULA (use your hex editor of choice) before/during the install. Take a screenshot to prove that which you agreed to, save it, and you now OWN that piece of software in the same sense that you would own a book.

      And before anyone brings up the copying to your harddrive issue, you are allowed to copy a book, all you want, for your own personal use. Hell, use it as your (physical) wallpaper for all I care.

      --Demonspawn

    123. Re:If I break in your car... by EllisDees · · Score: 1

      Purchasing software is *exactly* the same as purchasing a book, regardless the propaganda being put out by the software indusrty. You are free to do anything with a piece of software you've bought as you would with a book, including criticizing the way the book (or software) was written. You are no more getting a 'license' to use the software than you are the book.

      --
      -- Give me ambiguity or give me something else!
    124. Re:If I break in your car... by EllisDees · · Score: 1

      A radio station playing a cd is a public performance, something specifically spelled out as an exclusive right under copyright laws. Anyone on a radio station can get on the air and review any cd they like, and putting a EULA in the cd won't take this right away.

      --
      -- Give me ambiguity or give me something else!
    125. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Ya maybe in your area. If you can find a way to get through the front door of just about anyone in Mexico/Central/South America(metal door...) I'd be pretty impressed.

    126. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Mod OFF TOPIC!

    127. Re:If I break in your car... by 99BottlesOfBeerInMyF · · Score: 1

      Ahhhhh, but if it was both easy to steal and about to explode, well, that problem just sort of solves itself, no?

      You must work for Microsoft.

    128. Re:If I break in your car... by Anonymous Coward · · Score: 0

      If you buy Microsoft Office and use it to make a Word document, that is a *derivative work*.

      What a laughably moronic thing to say. By that logic, everything compiled by GCC must be under the GPL, and Microsoft hold the copyright to every application created using Visual Studio. Hell, if you used Internet Explorer to type in your comments here, obviously Slashdot is a derivative work of Internet Explorer, right?

    129. Re:If I break in your car... by guisar · · Score: 1

      If he then used the knowledge he'd gained to break into cars sure he could and should be arrested. However, my understanding is that he is in trouble for PUBLISHING the information- something completely different. To continue with the comparison, a vulnerability with cryptonite locks for bicycles was recently published on the internet complete with an "instructional" video. Instead of suing, Kryptonite rightly responded with a lock which provided better security. Since it's the job of virus software to provide security I would think that Viguard should be open to suit for failing adding vulnerabilities itself. I'm not a lawyer- what do you think?

    130. Re:If I break in your car... by AK+Marc · · Score: 1

      all the sale grants you IS that license. If you then decide you don't accept the license, you then have spent money on a box, and nothing else. You have gained no real use.

      Look up the laws. Simply purchasing the software does NOT grant you free reign. It does *nothing* other than giving you a license to use.


      But they are claiming copyright protections on their works. It can't be licensed and copyrighted at the same time. I either buy the media, with all restrictions of copyright, or I buy a license and get the media for free. Just as one thing can't be under trademark, patent, and copyright at the same time, you can't pick and choose which parts of licenses and copyrights you want.

      They are blatently using copyrights for everything that restricts the consumer, then claiming "license" when it further restricts the consumer (i.e. in elimination of Fair Use). And, of course, they aren't informing anyone of this until they already bought the non-returnable item (which isn't an item, according to you). Since you tell me to look at the law (and I have), can you point me to a place where someone can claim copyright protection but not allow Fair Use? I can't find it, but that is what the software vendors are doing.

    131. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Mod Parent OffTopic

    132. Re:If I break in your car... by Schnapple · · Score: 1
      I don't think most people think a car is like software - they think computers are like cars. They're both big expensive machines which everyone uses whether they want to or not, most people rely on them, and very few people know how to fix.

      After that though the analogy breaks down a bit. Yes Mr. Gates it would be ludicrous for the government to tell you you have to buy your tires separately from your car (analogy he was hoisting when the whole IE Bundling thing went down) but at least tires can be removed from the car.

    133. Re:If I break in your car... by dAzED1 · · Score: 1
      exploits are derivative because they are derived from the thing they are exploiting. They don't just *happen* to break the thing, they break it because someone reverse-engineered the product. With the knowledge that they gained from that, they created a derived work.

      And in this person's case, they then published it.

    134. Re:If I break in your car... by dAzED1 · · Score: 1
      But then, by that rationale, *everything* is a derivative work since *nothing* is developed in a void. See Lessig's arguments for this.

      Which is one of the major reasons I'm against copyrights protecting against derivative works. My being against it, however, does not change the fact that its *law*.

    135. Re:If I break in your car... by dAzED1 · · Score: 1

      ummm...you're actually denying that there are people in jail for creating exploits, and then publishing them?

    136. Re:If I break in your car... by plague3106 · · Score: 1

      Read your agreement.

      The agreement thats invalid b/c it was not presented at time of sale? That agreement?

      When I pay for software, I've never been given any 'agreement' to sign or otherwise consent to.

    137. Re:If I break in your car... by Chris+Burke · · Score: 1

      "fair use" doesn't allow anything you want to put under it. I'm not the one declaring this so - judges are doing that.

      You're the one declaring things that no judge has declared -- specifically that reverse engineering is disallowed by copyright law.

      Reverse engineering is not protected under fair use. Would that it were! People go to jail for such things, though...quite often, in fact.

      Yes it is; you're simply wrong. Here's a summary of two cases regarding reverse engineering. One interesting note is that while the judge in the Atari case upheld reverse engineering as fair use, since Atari did not hold a legal copy of the software they did not have the right to reverse engineer and thus lost the case. On the other hand, Accolade actually copied a small portion of the reverse-engineered code necessary for interopability, and was deemed non-infringing.

      Sadly, the right to reverse engineer has been challenged recently in the blizzard vs bnetd case. It is important to understand, however, that the EULA was understood to be a contract imposing additional restrictions and not a license under copyright law because no such license is needed to use, run, or reverse engineer the program. The right to reverse-engineer under copyright law was upheld; it was the contract that prohibited r.e. Click-wrap EULAs acting as real binding contracts is the danger here, and it is very recent (much more recent than the copyright law provisions allowing reverse engineering). That's why it is important for people (like you) to understand that reverse engineering is a right that we have enjoyed and benefitted from for decades that they are now trying to eliminate.

      And again with the IBM clone thing - there were IBM clones for 2 reasons. 1) IBM licensed some people to make clones. Bad move. 2) The US government stepped in and broke up their monopoly.

      You are mistaken about this important piece of computer history. This is sad, because understanding what a vital role r.e. plays in the development of all the technology that these companies so rabidly try to protect is important to understand why the protections they seek go too far.

      Phoenix did not have a license for the IBM BIOS. They reverse engineered the BIOS, and then passed the specifications derived by the reverse-engineering team to a development team that had never viewed IBM BIOS code, and thus implemented an original but functionally identical BIOS. It was this that allowed IBM-compatible computers to be made. IBM did not choose to allow them to use it; it was only possible due to reverse engineering.

      The licensing mistake you may be thinking of regards Microsoft: IBM purchased a non-exclusive license to MS-DOS from Microsoft, so when clone machines using Phoenix's BIOS arrived Microsoft was free to license MS-DOS to them creating a 100% "IBM-compatible" system. If IBM had an exclusive DOS license or had bought it outright, they may still be in control since a full OS is much more difficult to reverse engineer.

      The anti-trust case had nothing to do with it, by the way, as the case was dropped. The government did not break up their monopoly. Which isn't to say the suit had no effect in terms of time, money, and reputation.

      --

      The enemies of Democracy are
    138. Re:If I break in your car... by plague3106 · · Score: 1

      Look up the laws. Simply purchasing the software does NOT grant you free reign. It does *nothing* other than giving you a license to use.

      I can use it however I see fit. The ONLY law resticting me is copyright. Reverse engineering != copying. (BTW, copying for personal use IS allowalble)

    139. Re:If I break in your car... by smithmc · · Score: 1

      If you bought a car, figured out some ways to break into YOUR OWN CAR, then published those ways to alert other consumers as to the lack of security the car has, should you still be arrested?

      There's a difference - you own the car outright, whereas you (probably) bought a license for the software. That license (probably) does not entitle you to break into the software, whereas the auto maker can't stop you from breaking into your own car. If you don't like that, then perhaps you should stop paying for proprietary software.

      --
      Downmodding is the refuge of the weak. Don't downmod, make a better argument!
    140. Re:If I break in your car... by dAzED1 · · Score: 1
      at the end of the day, it doesn't end up mattering to me - because I do not use non-free software (or at least nearly-free). So if I am utterly wrong, the impact on me will still be small.

      If my comparison to movie theatres isn't perfect, then...blame that on me not being anywhere near the entertainment industry anymore (sans the silly "band" thing, which I refuse to let be anything other than fun).

      It was a bad idea to make an example about an example, though...there's been too much digression. Back to the initial thing, its illegal because (among other things) its a derivative work. He made an exploit (derived from the product, and his reverse-engineering of said product), and then *published* it. He published this derivative work without the consent of the copyright holder.

      If he had merely figured out how it worked, and just sat smug in that knowledge, he would not have broken any laws. Its by publishing derived [creative] works, that he gets in trouble. If I write a book that is a continuation of the Matrix universe, references all the same characters, and just goes where Matrix3 left off...and did this without getting permission...I'd be conceptually doing the same thing -> publishing a derived work.

    141. Re:If I break in your car... by Anonymous Coward · · Score: 0

      exploits are derivative because they are derived from the thing they are exploiting. They don't just *happen* to break the thing, they break it because someone reverse-engineered the product. With the knowledge that they gained from that, they created a derived work.

      Samba is derivative because it is derived from Windows file sharing. It doesn't just *happen* to interoperate, it interoperates because someone reverse-engineered Windows file sharing. With the knowledge that they gained from that, they created a derived work.

      See how bullshit that logic is?

      Gaining knowledge from reverse-engineering something does not mean that anything you go on to produce with that knowledge is a derivative work as far as copyright is concerned.

      I learnt Python from an O'Reilly book. Does O'Reilly have a claim on all my Python scripts?

    142. Re:If I break in your car... by dAzED1 · · Score: 1

      But writing an exploit from reverse-engineering something, and then publishing said exploit, is a violation of the derivative works clauses. That is the law (however unjust) he broke, that he is being charged with.

    143. Re:If I break in your car... by Anonymous Coward · · Score: 0

      He made an exploit (derived from the product, and his reverse-engineering of said product)

      This is not a derivative work as far as copyright is concerned. You have been told this over and over, and yet you continue to post rubbish.

      If I study the traffic going in and out of a web server instead of reading the HTTP specification, figured out the protocol, and wrote my own web server, my web server wouldn't be a derivative work. Simply using knowledge of how a thing operates does not constitute a derived work.

    144. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Ok, Sorry to interrupt two idiots fighting over the meaning of 'derivative work', when neither one actually seems to understand what it means.

      A derivative work is a work which contains (in recognizable form) a part of the original work on which it is based. Additionally, that part of the original work must be copyrightable on its own for it to matter.

      Compaq's reverse engineered IBM Compatible BIOS was *not* a derivative work of IBM's BIOS. It was a seperate, original work with the same functionality. So, unless this gent's exploits actually contain copyrightable portions of the company's software, he has not violated copyright.

      Additionally, for the record, copyright doesn't restrict the making of copies at all. It restricts the *DISTRIBUTION* of copies. If I buy a book (or a piece of software), I can make 30 copies, but if I distribute even one of those, I have violated copyright laws. Also, if I legally obtain a copy of a work, I can give it away, or resell it without violating copyright, but if I have made copies of that work, I must destroy those copies when I sell the original.

      #include /*But I still seem to know more about copyright than either of you two.*/

    145. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Don't be so blatantly disingenous.

      I'm denying that there are people who have gone to jail for copyright infringement after reverse-engineering something. That is what you've posted dozens of comments about.

      As far as publishing exploits go, people do it routinely on such mailing lists as bugtraq.

    146. Re:If I break in your car... by kfg · · Score: 1

      He made an exploit (derived from the product, and his reverse-engineering of said product), and then *published* it. He published this derivative work without the consent of the copyright holder.

      Please turn in your BIOS and text editor/word processor or I'll have to send the helicopters after you. God help you if you've got a spreadsheet installed.

      Reverse engineering is not a derivative work, and he did not make an exploit. The original authors did. He discovered it. Discovering an exploit is no more a violation of copyright than finding a typo in a book is, nor is it even reverse engineering.

      Look, I'm really not trying to rag on or flame you in any way whatsoever, although in the context of a post it came across that way, but the fact of the matter is that everytime you say something all you do is give further evidence of your complete cluelessness.

      You are simply wrong, about everything, to the extent that someone arguing that the moon really is made of green cheese would be wrong.

      I'm trying to give you a clue, for free. I'd take it if I were you.

      I have no idea what your use or nonuse of free software has to do with anything.

      . . .sans the silly "band" thing, which I refuse to let be anything other than fun. . .

      Ok, so you're not wrong about everything, just everything about copyright. Here you're on the right track. There was one morning, many, many years ago, when I woke up facing a four gig day and started thinking to myself, "Jesus, I really don't want to go out and sing."

      Luckily for me the bell went off in my head telling me I'd made an error in judgement.

      KFG

    147. Re:If I break in your car... by sjames · · Score: 1

      But writing an exploit from reverse-engineering something, and then publishing said exploit, is a violation of the derivative works clauses. That is the law (however unjust) he broke, that he is being charged with.

      As I understand it, his published exploits included some of the reverse engineered code. That is the part that (in France) is considered to make it a derivative work. Had he not included that code or (according to a lawyer quoted in the article) had he been Australian he would have been fine.

    148. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Ok, Sorry to interrupt two idiots fighting over the meaning of 'derivative work', when neither one actually seems to understand what it means.

      Huh? You haven't disagreed with me at all regarding derivative works.

      Your summary of copy vs distributing isn't quite right, and I know I didn't explicitly mention the fact that you are allowed to make personal copies - neither of these are central to the topic at hand though, and the poor guy gets confused enough as it is.

    149. Re:If I break in your car... by dbacher · · Score: 1

      The person oferring you the EULA and the person offering you the software is quite often a different person (normally is a different person).

      The EULA usually -- Microsort, IBM, EA, Sony and every other EULA I have seen -- actually says you do have the right not to accept it, and that if you choose not to, you should return the software to the point of purchase.

      Now if the point of purchase refuses to take the software back, that is (of course) the responsibility of the point of purchase, and not of the publisher of the software.

      If you're not bothering to read the EULA, that's you're own fault.

      --
      If your code is acting bloated, and is running rather slow, it's likely and predicted that some loops you will unroll.
    150. Re:If I break in your car... by barc0001 · · Score: 1

      Again, considering the timing of the theft of my buddy's car with the article in the paper (basically same day), how would your feelings on the argument change if you were in his shoes?

      Well, I've somewhat been in your buddy's shoes, both having had cars broken into repeatedly, and once my car was actually stolen. My basic feelings are still unchanged. So someone published a how-to. So what? Putting the knowledge out there doesn't turn people into thieves, either they're already a thief or not. Was it a little irresponsible? Perhaps, but I think in the long run it does more good. It's probable that if the newspaper published vague information on the vulnerability, Chrysler might have done nothing.
      Another example: The Kryptonite locks with a Bic pen issue. Existed for YEARS. Kryptonite knew about it, but didn't care until the knowledge started being passed around the net. Even once the news wires picked it up they still said nothing for almost a week, until a bunch of owners of their locks threatened a class-action suit, at which time they finally, grudgingly agreed to do something to replace the locks.
      Lesson here is that a corporation will never act in anyone's best interests but its own. By its very definition it is obligated to do so. The only effective way to get them to do something to fix a flaw of this nature is to provide enough information to the public to make inaction on the corporation's part more damaging to them than the cost of making it right.

    151. Re:If I break in your car... by techno-vampire · · Score: 1
      Doesn't sound like you know what a ward is. Basically, in a warded lock, a ward is a part that prevents the wrong key from working. (In a pin or disk lock, the key parts allow only the right key to work.)

      Yes, I do know what a ward is; that's why I used the term. However, it might have been a pin lock for all I know. In either case, the point is that there wasn't enough variation in the key patterns.

      --
      Good, inexpensive web hosting
    152. Re:If I break in your car... by mrhartwig · · Score: 1

      2) The US government stepped in and broke up their [IBM] monopoly.

      You are misinformed. The US government dropped the case in 1982. No monopoly decision was even reached, so there was obviously no break up of IBM forced by the courts.

      See http://www.hagley.lib.de.us/1980.htm.

      Maybe you were thinking of the US governement case against AT&T, which did result in a forced breakup? It did take place in the same time frame....

    153. Re:If I break in your car... by shoolz · · Score: 1

      Interesting reply. While I can generally agree with your statment "Putting the knowledge out there doesn't turn people into thieves, either they're already a thief or not", I cannot agree that the publishing of the how-to-steal-this-car article didn't directly affect an increase in that make of car getting stolen.

      Here's just one of myriad examples of how discussing an illegal idea generally promotes that illegal action.
      December 10 - Homeland Security sends memo warning about terrorists possibly aiming lasers at planes (though it's never happened yet).
      December 30 - Bunch of boners who got the idea planted in their head start firing laser pointers at planes.

      I still say it's important that the public is made aware of issues such as poor security in Dodges, but I maintain that it could be done more responsibly (Such as full report on a variety of cars, incorporating theft data, input from professional thieves, input from locksmiths, data from insurers, etc). I think the message can be delivered in an accurate and impactful way, without resorting to the how-to guide.

      But I know that this is the real-world, and journalism doesn't always work that way (nor do people's interest level)... sometimes putting the information out there is what needs to be done. But it sure hurts when that info comes back to bite you.

    154. Re:If I break in your car... by polymath69 · · Score: 1
      Yes, I do know what a ward is; that's why I used the term. However, it might have been a pin lock for all I know.

      It's mostly your use of the phrase "there weren't enough sizes for each ward" that throws doubt on your understanding. The sizes of the wards don't matter; their position does. Meanwhile, the sizes of the key landings in other types of locks are the critical characteristic.

      I suppose you might consider an incorrectly set pin to be a type of ward, but that's certainly not how the term is normally applied.

      In either case, the point is that there wasn't enough variation in the key patterns.
      And that point was quite correct. Cars can often be opened by keys from similar models.
      --

      --
      I don't want to rule the world... I just want to be in charge of mayonnaise.
    155. Re:If I break in your car... by sjames · · Score: 1

      He's a question, oh enlightened one - how do you reverse-engineer something without your work (the reverse engineering) being a *derivative work*, for which you did not obtain permission from the copyright owner?

      You don't distribute your reverse engineered source, you use it to either create a work-alike (often by having one team reverse engineer and create a specification and a second team implementing the spec, just to make sure you don't accidentally copy), or you use it to create your own program that inter-operates with the internals you documented. Either way, what you release is NOT a derivative work.

    156. Re:If I break in your car... by sjames · · Score: 1

      While we're at it every EULA I've ever bothered to glance at said you shall NOT reverse engineer. That's a condition of installing/using the software.

      EULAs say all sorts of things. Unless I somehow signified acceptance BEFORE buying the software, it is not a contract or license, just a wishlist. Since contracts cannot be entered into blindly, that means they must put it on the outside of the box at least.

      Further, some of the terms in those EULAs are null and void by law. There are a fair number of rights and obligations that cannot be trumped by a contract, no matter how much both parties may wish otherwise.

    157. Re:If I break in your car... by Anonymous Coward · · Score: 0

      And "Big Bubba" will be waiting patiently for you, as well.

    158. Re:If I break in your car... by Anonymous Coward · · Score: 0

      From what I understand, you don't even need a key to start a lot of 80s Ford trucks. After a few years of use, the mechanism wears out, and you can just turn the thing that the key normally fits it to start the truck. So, pretty much any key (or no key) will work.

      AC

    159. Re:If I break in your car... by Alsee · · Score: 1

      the license agreement prevents

      Only if you choose to agree to it. Of course if you decline that contract offer then you receive nothing it offers you. Not that they ever offer you anything you want or need.

      You own the right to use

      In copyright law there is no such thing as a "right to use" or "licence to use". The exclusive rights granted by copyright are creating new copies, distributing those copies, and public performance.

      the way the author intended it to be used

      An author may have intended me to read a book in a certain way, but once I buy that book I have the right to do anything I like with it other than commiting copyright infringment. I can cut it up in little peices and make a party hat out of it if I want. The authors intent is absolutely irrellevant.

      The EXACT same damn thing as a radio station owner buying a cd at a store, and then feeling like they can play it whenever they want on their station.

      Nope, completely different. That is public performance. Public performance is explicitly restricted by copyright law.

      Appologies if you are not in the US, but I would like to explicitly cite a peice of copyright law:

      TITLE 17 CHAPTER 1 section 117. Limitations on exclusive rights: Computer programs

      WHICH STATES THAT INSTALLING AND RUNNING SOFTWARE IS NOT COPYRIGHT INFRINGMENT.

      Once you buy a copy of that software you have no need of any licence whatsoever to install and run that software. Just as reading a book is perfectly legal unrestricted and unlicenced use, installing and running software is perfectly legal unrestricted and unlicenced use.

      If you review the tiny handful of mixed EULA cases that have made it to court you will see that not a single case is based on copyright infringment or copyright licences. Of the cases that have been upheld, every single one has been based on some legal theory that the buyer somehow agreed to the offered EULA contract offer. When all is said and done, if you do not in one way or another accept the EULA then no agreement exists. No End User Licence Agreement exists. And it is in no way copyright infringment to install and run that software. And you are then in no way bound or restricted by a non-existant agreement.

      Of course publishers try all sorts of games to make it a pain in the ass to install the software without "indicating" acceptance, or they try some very shakey legal arguments that you somehow indicated acceptance merely by buying the box. But you can always get around installation issues with effort, and the "buying the box = signing a contract" is often tossed out of court. But they NEVER even attempt an arguement on a copyright basis, because absolutely no copyright basis exists for EULAs.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    160. Re:If I break in your car... by Alsee · · Score: 1

      The PC industry itself was born by an act of reverse engineering: Compaq's cloning of the original IBM PC BIOS.

      Reverse engineering is legal. You no more need a copyright holder's permission to reverse enginere software than you need a book author's permission to read his book and then write your own new novel with the same generic plot idea. You can't copy software routines just like you can't copy characters, but you can certainly analize and learn and use the ideas behind it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    161. Re:If I break in your car... by Alsee · · Score: 1

      why when re-implementing something via r.e. clean room techniques are used

      I'd just like to point out that "clean room" methods are not required, though using them does make for a massively simpler and rock-solid defense if someone attempts to go after you.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    162. Re:If I break in your car... by Bush+Pig · · Score: 1

      What on earth is a Ford Canardly? The only car with a similar name in Australia is a Rolls Canardly, of which I have owned many in my youth (slogan: "It rolls down hills, but can 'ardly get up them"). Is this Ford of which you speak a similar kind of vehicle?

      --
      What a long, strange trip it's been.
    163. Re:If I break in your car... by mausmalone · · Score: 1

      I wouldn't know.... my own car is a GM circa 1988. If I ever get a new car and need to slim jim it, I'll let you know. :P

      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    164. Re:If I break in your car... by Anonymous Coward · · Score: 0
      What on earth is a Ford Canardly? The only car with a similar name in Australia is a Rolls Canardly, of which I have owned many in my youth (slogan: "It rolls down hills, but can 'ardly get up them"). Is this Ford of which you speak a similar kind of vehicle?

      Yes - it was the precursor to the Ford Cannaught (Cannaught get it started, Cannaught keep it running, Cannaught get up a hill, Cannaught believe I bought one, Cannaught get lucky in one ...). Actually, I originally heard it here in Canada as the (same) Rolls joke.

    165. Re:If I break in your car... by Pofy · · Score: 1

      In almost all cases software is sold like anything else so yes, when you walk out of the store you have bought and hence own a copy of the software. In addition, selling licenses for software is almost like selling licenses to breeth, not muc point. A license is something you need so you can do something you would otherwise not be allowed to (for example a driving license since laws says you can't drive cars if you don't have it). There is nothing forbidding use of software, hence you don't need any license for it.

    166. Re:If I break in your car... by Pofy · · Score: 1

      >go look up derivative works, and just how much
      >that restricts you.

      Based on this and many other posts in this thread, you seem to have completely missunderstood what a derivate work is. Based on other posts, it seems the argumentation is based on US laws (although the story is about french law, but it should probably not differe much). In any case, here is a direct copy and paste from the US copyright law were it defines "derivate work":

      -----
      A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work".
      -----

      So no, it is not a derivate work to use Office to create a word document, it is not a derivate work at all to use a tool or program to create something else. It is not a derivate work to find out how a program works and make your own exploit or example on it.

      As allready pointed out to you, reverse engineering is the process and not the end result, so the "exploit" is not the reverse engineering but a result of it (which is not a derivate work).

      In the original case, the copyright issue (or at least one of them) was a claim that the exploit also included code directly copied from the AV program in question. THAT would be the copyright infringement, not finding or making the exploit in itself.

    167. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Some select quotes from your previous posts:
      "...go look up derivative works, and just how much that restricts you."
      "...exploits are derivative because they are derived from the thing they are exploiting..."

      Just because he reverse-engineered the software, and published exploits to the bugs doesn't mean he's violated copyright.

      I can look at a piece of software, reverse engineer it, and make another piece of software that does exactly the same thing without it being derivative. All I have to do is not use any of the original work in my piece of software.

      For example, in a loose (non-copyright) sense, Linux is derived from UNIX, in that it works the same way, and does the same things. However, as far as copyright goes, it is not a derivative work because it does not contain any protectable elements of UNIX.

      On a side note, remember that absent accepting an EULA, I have all the rights and restrictions of copyright. If I have legally obtained a copy of a work, I do not need a license to *use* that work. Also, contrary to popular misinformation, copyright laws *do* allow you to make the 'incidental' copies needed to install and run a piece of software.

    168. Re:If I break in your car... by dAzED1 · · Score: 1
      I know you think I'm just kicking a dead horse, but...

      There was a vulnerability, not an exploit. He wrote something to exploit the vulerability. He then published it. That remains the legal "problem" in what he did. Its not just that he found a problem - he published a way to exploit the problem.

      And I know it looks like I'm saying he did a bad thing, when I don't repeat 100 times in each post that I think its dumb that it works that way, but...I think its dumb that it works that way.

      Spreadsheets? Those have been around for hundreds of years. The phoenix bios bit? Predates the DMCA, and a pluthera of other statutory laws (and countless court rulings) by a good long while. We, unfortunately, live in a different world now.

    169. Re:If I break in your car... by smithmc · · Score: 1

      In almost all cases software is sold like anything else so yes, when you walk out of the store you have bought and hence own a copy of the software. In addition, selling licenses for software is almost like selling licenses to breeth, not muc point. A license is something you need so you can do something you would otherwise not be allowed to (for example a driving license since laws says you can't drive cars if you don't have it). There is nothing forbidding use of software, hence you don't need any license for it.

      The laws of the US and other countries would beg to differ, like it or not.

      --
      Downmodding is the refuge of the weak. Don't downmod, make a better argument!
    170. Re:If I break in your car... by kfg · · Score: 1

      There was a vulnerability, not an exploit.

      What he wrote was an original work, not a derivative one. It does not copy any of exploited software's code. Your shell scripts are your own orginal works. You own them. They are not derivative works of explorer.exe or vbscript. Your batch files are not derivative works of DOS.

      To be a derivative work it has to contain actual code from the original work. A project fork is a derivative work. A workalike project is not.

      Because it is the writing that is protected, not what the writing does.

      Spreadsheets? Those have been around for hundreds of years.

      And writing tablets have been around for thousands. This has nothing to do with a software program emulating them. You may reverse engineer a word processor, not because writing has been around for thousands of years, but because reverse engineering isn't a copyright violation (patents are another issue).

      Copying MS Word would be a violation. That means copying the code. Not what it does.

      Predates the DMCA, and a pluthera of other statutory laws (and countless court rulings) by a good long while.

      None of which prohibit reverse engineering, which remains an original work, not a derivative one and thus no violation of copyright. WINE and the Open BIOS project are perfectly legal.

      The DMCA, by the way, extends to cover all works that were still under copyright at the time it was past. It would make the Phoenix BIOS a violation if reverse engineering were prohibited.

      With regards to exploits the DMCA only covers those exploits that circumvent intentional attempts by the author to prevent copying, such as encryption. Not bugs in the software and not things that have no relationship to copying.

      The BIOS is not a copy protection measure either and does not fall under the DMCA at all.

      That's why MS wants a "trusted" BIOS, because such a BIOS would fall under the DMCA in the different world we live in now.

      KFG

    171. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Some select quotes from your previous posts:

      Those are things the idiot I am arguing with ("dAzED1") said.

      Just because he reverse-engineered the software, and published exploits to the bugs doesn't mean he's violated copyright.

      Have you read the thread at all? That's exactly what I'm saying!

      Also, contrary to popular misinformation, copyright laws *do* allow you to make the 'incidental' copies needed to install and run a piece of software.

      In the USA, yes. In the UK, no. I'm not sure about other countries.

    172. Re:If I break in your car... by Pofy · · Score: 1

      >The laws of the US and other countries would beg
      >to differ, like it or not.

      Differ in what part? In everything I worte? Or just some? Could you please point to a law for example that forbid use? Could you please tell were in the copyright that use is given as an exclusive right to the copyright holder? And if so, how do you go about to get use permission to read all your books?

    173. Re:If I break in your car... by God!+Awful+2 · · Score: 1

      I don't think most people think a car is like software - they think computers are like cars. They're both big expensive machines which everyone uses whether they want to or not, most people rely on them, and very few people know how to fix.
      After that though the analogy breaks down a bit. Yes Mr. Gates it would be ludicrous for the government to tell you you have to buy your tires separately from your car (analogy he was hoisting when the whole IE Bundling thing went down) but at least tires can be removed from the car.

      I think the standard /. cliche is that when your car breaks down you don't have to take it back to the manufacturer to get it fixed - you just take it to your local mechanic. So why should closed source software companys be allowed to have a monopoly on support?

      -a

    174. Re:If I break in your car... by Anonymous Coward · · Score: 0

      Fix Or Repair Daily.....F.O.R.D.

    175. Re:If I break in your car... by Anonymous Coward · · Score: 0

      what was the original thread then??

    176. Re:If I break in your car... by Anonymous Coward · · Score: 0

      we were at the grocery store one day and came back to our car to discover, parked next to us, a co-worker who had locked his keys in his car. we all thought it was amusing, save for his wife who was most annoyed by the whole situation. so, on a whim i decided to try the key from our car, a '76 landcruiser, to unlock his car, a '91 camry. worked like a charm - like it was made for his car. they *were* both toyotas, but we were all surprised nevertheless (and his wife's ire was mitigated).

  9. He got what he deserved by cartel · · Score: 0

    I don't see any problem with reverse engineering the software, but if he is going to post exploits, he should be sued or at least warned. If someone did that with a program I wrote, I would see it as a threat or someone just trying to show off.

    1. Re:He got what he deserved by furiousgeorge · · Score: 5, Insightful

      SO i guess by your logic, you should be able to sell anything you want, and people shouldn't be allowed to point out bugs or flaws because you might not like it?

      Tough Shit.

    2. Re:He got what he deserved by isometrick · · Score: 4, Interesting

      From the article: "To use an analogy, it's a little bit as if Ford was selling cars with defective brakes. If I realised that there was a problem, opened the hood and took a few pictures to prove it, and published everything on my Web site. Then Ford could file a complaint against me," added Tena.

      If he gave them due notice (it wasn't indicated in TFA), then there is nothing wrong with him posting the exploits.

      Otherwise, he is just grandstanding. Pretty much all projects (FOSS included) classify security bugs until a patch or workaround has been worked out. After it has been fixed, though, I think there is an obligation to the users to let them know what happened.

    3. Re:He got what he deserved by Anonymous Coward · · Score: 0

      Exacly... just like those darn whistleblowers who keep pointing out that drugs from the drug company have side effects that kill people.... those guys keep putting big dents in my drug stock profits.

    4. Re:He got what he deserved by cartel · · Score: 1

      That is not what I said. People SHOULD point out bugs, but they should not give exact details (e.g., code) to the whole rest of the world.

    5. Re:He got what he deserved by Anonymous Coward · · Score: 0

      Why? If you write a program with a bug, you should be punished so you don't write so many bugs next time. Or you write less code. Or you structure your code so bugs have less impact (anybody here use qmail?). Or you get a different job and stop releasing buggy software.

      Why is it so politically incorrect to point out bugs? Are we all sloppy programmers who feel sorry for each other? "Gosh, I'll be nice to company XYZ's program because someday they might find a bug in one o' mine..."

      The company released a broken product. They didn't do whatever this single researcher did to discover the bugs. Why are companies like this even in business?

      Yes, everybody makes mistakes. But the mistakes in the software industry are OUT OF CONTROL. These "programmers" need to either fix their mistakes or find another job. By being nice and reporting bugs to *them* only says, "it's okay to screw up".

    6. Re:He got what he deserved by Anonymous Coward · · Score: 0

      If there is any obligation to users, then, there is an obligation to inform them as soon as you become aware of the exploit.

      If my SMTP server is remotely exploitable, I need to know NOW whether or not there is a fix available.

      If there is no fix available, then I need to take the sytem offline or switch to a different product.

      And that's the problem isn't it... it is in their interests to keep me in the dark, because if I know their product has more holes than swiss cheese, I will switch to a competitor.

    7. Re:He got what he deserved by isometrick · · Score: 1

      Couldn't you just inform them that a security vulnerability is present, and perhaps classify it in severity and category (remote, local, etc)? Would you (in most cases) really need specifics? If you do need specifics (i.e. source level), you probably have enough knowledge of the project to already be in the loop helping with the problem anyway.

      Well, YMMV of course depending on the project, your use of it, and its maintainers ... but it seems like it would work in most cases.

    8. Re:He got what he deserved by isometrick · · Score: 1

      Of course, I also think that after it is fixed there should be a full disclosure.

    9. Re:He got what he deserved by westlake · · Score: 1
      "To use an analogy, it's a little bit as if Ford was selling cars with defective brakes. If I realised that there was a problem, opened the hood and took a few pictures to prove it, and published everything on my Web site. Then Ford could file a complaint against me," added Tena.

      The proper analogy would be to publishing details of a manufacturing defect in a way that would make it easy and perhaps undetectable to sabotage Ford brakes, an open invitation to fraud or murder.

    10. Re:He got what he deserved by Theatetus · · Score: 3, Insightful

      Nope, that won't work. Vulnerability disclosures must include a working exploit; otherwise I could anonymously destroy my competitors by posting false but hysterical vulnerability reports about their products.

      As I said in another post: software companies don't give us their software for free; similarly, we shouldn't give them consulting services for free. If I find a vulnerability, I don't owe the software company anything and I'm under no particular obligation to tell them before I tell anyone else.

      Or are you saying it is irresponsible / immoral / illegal to state a provable fact about the security of a software system?

      --
      All's true that is mistrusted
    11. Re:He got what he deserved by cartel · · Score: 0

      Why? Because you must realize that this software is (might be) installed on hundreds, even thousands or computers. When one of these exploits is used maliciously, it does not just affect the company that created the software, but it affects the users which are ordinary people. When this happens, it puts innocent people in the middle.

    12. Re:He got what he deserved by cartel · · Score: 0

      BTW, let's look at an example. If you're in a store and there are things that are easy to steal, it doesn't mean that you should take something to convey that this vulnerability exists.

    13. Re:He got what he deserved by Botty · · Score: 0

      You need the code. I use that code to check to see if Im vulnerable if they give sketchy version numbers.

      Sometimes they say you're vulnerbale if you:

      A) Have x, y but not z nor x with u and/or/if/when q
      B) Have y, z and q but not x or d xor ê
      C) Have n, m, r, but not ë with ñ or a, b and herpes

      How the flip do I decided if Im vulnerable when they give cryptic reports like that? Its easiest to skip the long lengthy and tangled explanations about why the vulnerability happens and what software is needed to trigger it and just run the code myself to see if Im vulnerable.

    14. Re:He got what he deserved by Anonymous Coward · · Score: 0

      If

      1) you built the store for me, and I paid you

      2) you claimed it was impossible to steal from it

      3) I didn't steal anything, but I described how a store just like it could be stolen from

      4) ignored simple measures to drastically reduce the incidence of theft (like, putting goods behind the counter)

      I think you probably would be laughed out of the store-building business. however in the software industry this is accepted practice.

    15. Re:He got what he deserved by Anonymous Coward · · Score: 0

      But if there's no proof of the vulnerability, how do you know if the vulnerability report is true, or merely fearmongering by some unscrupulous competitor?

    16. Re:He got what he deserved by smchris · · Score: 1

      Yeah, the example the one article makes. Look for laws coming soon protecting pharmaceutical companies from pesky researchers testing their drugs.

    17. Re:He got what he deserved by cartel · · Score: 0

      There's nothing wrong with that, as long as you don't go and intentionally voice it to the whole entire world exactly how to do it down to the last little detail.

    18. Re:He got what he deserved by Alsee · · Score: 1

      The proper analogy would be to publishing details of a manufacturing defect in a way that would make it easy and perhaps undetectable to sabotage Ford brakes

      Fine, lets go with your analogy. Are you suggesting that person has commited a crime and that you have some right to imprison him at gunpoint?

      I don't know French law, and I do not know what country you are in, but here in the US not only is it not a crime, but the legistature DOES NOT HAVE THE POWER to create a law making it criminal. This Department of Justice report to the Senate and House details exactly what they do not have the power to create such a law.

      You know what? I discovered a cool new chemical. I call it nitroglycerine. Here, let me publish the recipe for you:
      Nitric acid + sulfuric acid + glycerine.
      You can pick up ordinary glycerine at your local drugstore. You can get the sulfuric acid from your car battery. Nitric acid may be a hassle to find, but it's certainly not hard to make. Heck, it's a primary component of ordinary acid rain.

      Mix it extremely slowly over an ice bath. Warning: this reaction produces lots of heat. If you do not mix it slowly enough and keep it cold enough you will kill yourself. Hell, no matter how careful you are you'll probably wind up detonating it and killing yourself.

      Assuiming you are somehow still alive, you will find a brown oily liquid floating on top. That is Nicroglycerine, a high explosive.

      By your logic I have just published details that are "an open invitation to fraud or murder". Guess what? I had no intent to commit or cause any fraud or murder or any other crime. I have not committed a crime. You can certianly dissagree with my posting that recipe and whine about it all you like, but legally I have done nothing wrong and you cannot put me in jail.

      Again, I admit I am talking about US law. And while the US is not magically perfect and I am not claiming US laws are magically right and better than every other country, but I am going to say that any country that gets this particular class of law wrong has seriously screwed up.

      Note that we are not discussing how people "should" best handle bugs they find. We are talking about at what point someone has done something illegal and is legally culpable. If he relased a virus or attempted to extort the company, then yes he'd have broken the law. If he merely published details of the problem and included proof that the problem exists, then he did nothing wrong. And "proof" consists of functial exploit code. Any claims of a security problem are pretty hollow without showing an actual exploit.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  10. How crazy! by Albinofrenchy · · Score: 1

    Thats like being sent to prison because you found out why goodyear tires blew out*!!!!!!!! *That is, of course, assuming you showed everyone else how to blow out everyone else's tires too.

    --
    "A man is but the product of his thoughts what he thinks, he becomes." -Mahatma Gandhi
    1. Re:How crazy! by Anonymous Coward · · Score: 0

      You'd be surprised to find out what they did to the first guy that discovered that radium was dangerous.

  11. This would set a terrible precedent (in France...) by Anonymous Coward · · Score: 5, Insightful

    Reverse Engineering isn't illegal, certainly finding that "Unlike the advertising claimed, this software didn't detect and stop '100 percent of viruses'" isn't illegal, surely it should be lauded.

    The company had two options. Take on board the issues and fix them, or get in a hissy fit. They got in a hissy fit. Well done. Instead of responding to issues that software does have in an adult manner, they've just made themselves look petty and bad.

  12. Re:"Researcher" = hacker by Anonymous Coward · · Score: 0

    So? Are you implying that hacker has a negative connotation?

  13. Re:"Researcher" = hacker by msully4321 · · Score: 1

    He's a security researcher for Harvard, not some script kiddie breaking into systems to improve his botnet.

    --
    Slashdot: You will never find a more wretched hive of spam and zealotry. We must be cautious.
  14. Who cares what the intentions. by Anonymous Coward · · Score: 0
    If I break into your home just to tell you that you left your window open, you'd probably have me arested anyway.


    Same with the jerks breaking WEP keys - of course you can do it technically - but that doesn't mean you should.

    1. Re:Who cares what the intentions. by DuckofDeath87 · · Score: 1

      I dont think that is a very good analogy, because he did not accually use the exploits, merely pointed them out.

    2. Re:Who cares what the intentions. by Anonymous Coward · · Score: 0

      The law cares about intentions. The difference between murder and manslaughter is all about intentions. In both cases someone is dead, but how you are convicted depends on your intentions.

  15. FYI by daveschroeder · · Score: 4, Informative

    Just to stave off any rants, this was not US law, a US court, or a US company. He happens to be working "at Harvard" now, but this matter has apparently been taken up in France.

    1. Re:FYI by the+pickle · · Score: 1

      He might want to consider either staying in the US, or looking for a nearby country without extradition to France, then...

      p

    2. Re:FYI by updog · · Score: 1
      That's a very important point.

      No one in our freedom loving US of A would ever have to face jail time for reverse engineering something then publishing the results... *cough* *ack* wait a minute...

    3. Re:FYI by Anonymous Coward · · Score: 0

      Inconceivable!

    4. Re:FYI by scotch · · Score: 4, Funny

      You should do something about that cough - maybe see a doctor? I know when I cough, it's never so bad that I type out the noises. Perhaps you're using one of those voice recognition software systems? Best of luck and good health to you.

      --
      XML causes global warming.
    5. Re:FYI by tetromino · · Score: 2, Insightful

      Are you implying that we shouldn't care about the freedom of software researchers in other countries?

      Violating the DMCA gets you jailed in the US, disassembling a binary gets you jail time in France, posting the results on a blog gets you in trouble in Iran... Is there a single country in the world where one can do security research without being accosted by the Man?

    6. Re:FYI by Anonymous Coward · · Score: 0

      We already know what this French research is going to say anyway: "I surrender to the law!"

    7. Re:FYI by EnronHaliburton2004 · · Score: 2, Funny

      You should do something about that cough - maybe see a doctor?

      Sheesh! Obviously the fix is to take him apart piece by piece, see how he works and then try to reassemble him in a better order ... maybe we'll throw some packets his way and see how he responds...

    8. Re:FYI by bladesjester · · Score: 1

      "Is there a single country in the world where one can do security research without being accosted by the Man?"

      the Sovereign Military Order of Malta? Of course, citizenship is only by birth, but still.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    9. Re:FYI by jc42 · · Score: 1

      ... Is there a single country in the world where one can do security research without being accosted by the Man?

      Probably not.

      It's normal human behavior to respond to reports of danger by getting upset. And those responsible for protection against danger invariably respond by attacking the reporter however they can. He has just shown that they weren't doing their job, after all. If he can't be silenced, he must be punished.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    10. Re:FYI by Anonymous Coward · · Score: 0

      I think maybe he was trying to stave off a rash of boilerplate anti-US posts.

    11. Re:FYI by Anonymous Coward · · Score: 0, Funny

      Just so we are clear on this... what happens outside the US is still important

    12. Re:FYI by Ohreally_factor · · Score: 1

      I think this is what they call the Cecil Effect.

      --
      It's not offtopic, dumbass. It's orthogonal.
    13. Re:FYI by Brandybuck · · Score: 1

      Actually, no one would. Because in the US violating copyright is a civil offense (at least for now), not a criminal offense. No one gets sued into jail. The poorhouse maybe, but not the jail.

      --
      Don't blame me, I didn't vote for either of them!
    14. Re:FYI by Anonymous Coward · · Score: 0

      >Is there a single country in the world where >one can do security research without being >accosted by the Man?

      Sealand.

    15. Re:FYI by Brandybuck · · Score: 1

      Sorry, need to clarify. Despite FBI warnings to the contrary on your DVDs, you don't go to jail for merely copying a DVD. On the other hand, the DMCA applies to cracking the DVD's encryption. Violating the DMCA can get you put into jail.

      I'm an old fart, and don't normally consider the DMCA to be copyright. To me copyright is about copying, deriving, and performing. But many of you consider the DMCA to be copyright (because it has "copyright" in its name). So I apologize if my post sounded bassackwards.

      --
      Don't blame me, I didn't vote for either of them!
    16. Re:FYI by Anonymous Coward · · Score: 0

      > Is there a single country in the world where one can do security research without being accosted by the Man?

      Yes, in Freenet contry.

    17. Re:FYI by skiman1979 · · Score: 1

      Performing (hired) security research for a company, and notifying said company of any results in a confidential manner should be fine. However, if you research security issues of said company (hired or not) and publish the results in a publicly accessible area, that is just wrong.

      If you asked me to check out your house to see how secure it was, and I noticed you keep your key under the welcome mat, I shouldn't run around the town telling everyone about the key. I should speak to you in person about the issue. If you don't listen and continue putting your key under the mat, it's your own fault.

      --
      Having a smoking section in a public restaurant is like having a peeing section in a public swimming pool.
    18. Re:FYI by Anonymous Coward · · Score: 0

      Bad analogy. Informing someone about their private security is doing the right thing. However, this company is selling a product that is insecure. Perhaps going to them first is correct, but their buying public has a right to know if they're about to purchase a shoddy product.

    19. Re:FYI by Sylver+Dragon · · Score: 1

      Bad anaolgy. This is more like testing the dead bolt on your door, and discovering that it has a glaring weakness. You then explain in, a public forum, that weakness, so that other people can verify that weakness and/or find a fix for it. You might even publish such findings in a well read report about such things like, I don't know, Consumer Reports. So, hopefully, better informed consumers can avoid/replace/harden said dead bolt.
      Sure, he might have gone about this differently. Inform the company about the flaw before posting, and give them a bit to sort it out. However, this has been shown to be a bad idea as well, since companies tend to sue people over this. Also, there is no knowing how long a patch will take, and if some malicious people have discovred this already. It's better to get the information out in the public realm so that the public can start dealing with the consequenses of the problem.
      This guy is not responsible for exposing people's systems to harm or for breaking into anyone's system. The company is at fault, this guy just pointed out the problem.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    20. Re:FYI by Sylver+Dragon · · Score: 1


      I know, those damn French are just itching to do horrible things to the US. First they oppose an invasion by our glorious leader, now they are stealing our ideas.
      Let's get this straight once and for all, the US is where all of this type of idiotic legal nonsense is supposed to happen. The US is the source of all IP stupidity and patent system screwups. Not France, not Australia, just the US. Now the rest of you countries can just go somewhere else and find something else to do in a bad way, but leave the IP stuff for the US. You get me?
      </Sarcasm>
      (Sarcasm tags added for the blindingly stupid)

      --
      Necessity is the mother of invention.
      Laziness is the father.
  16. The devil is in the details by Anonymous Coward · · Score: 0

    To agree to the terms of a binding agreement with the intent of breaking it is and should be illegal.

    If he got a hold of the software and agreed to the terms of a EULA that specifically forbids reverse-engineering, then he violated a contract.

    He has the freedom not to use the software if he doesn't like the EULA. Just like we have the freedom not to buy software if we don't like the license.

    Don't like the license? Stay away from the software or see if you can get a special license by contacting the vendor. Plain and simple.

    1. Re:The devil is in the details by Anonymous Coward · · Score: 0

      Thing is, in Europe, EULAs are practically unenforcable against end users, if they aim to do anything to limit the rights of the user (personal use, not business).

    2. Re:The devil is in the details by Anonymous Coward · · Score: 0

      If he published his findings, then it isn't merely 'personal use'.

    3. Re:The devil is in the details by Anonymous Coward · · Score: 0

      If a window company was selling windows advertising their "intruder proof" technology, and then someone found a way that disproved that and published it, it doesn't alter the fact that the criminal is the person that breaks in, not the person that discovers how to.

      Of course, it would be rather a scandal as well, for the window company. You could understand them wanting it to be quiet. And with windows, the fix might be very expensive, at least software only needs an update.

    4. Re:The devil is in the details by farzadb82 · · Score: 1

      True, but take the following scenario... what if the person got his/her copy from a 3rd party, never agreed to the EULA (since they never ran the executable), but proceeded to reverse engineer directly ?

    5. Re:The devil is in the details by SilverspurG · · Score: 1

      You are so going to prison for the rest of your life.

      --
      fast as fast can be. you'll never catch me.
    6. Re:The devil is in the details by Morosoph · · Score: 3, Interesting
      Many contracts are illegal (eg. a contract to murder), and thus are immediately void.

      End users have rights, and a contract agreement not to reverse engineer is not fair competition since (near enough) every company would have such a clause, regardless of the customer's wishes. Reverse engineering makes competion act more swiftly, which any amount of feelgood on the customers behalf is not going to outweigh. Why do you think that companies form cartels when they can? Why do big companies lobby so strongly for stronger patents laws?

    7. Re:The devil is in the details by doug_wyatt · · Score: 1
      Yes, but the kinds of things that make contracts void are very few indeed. To say "I think some people would be better off if this particular contract was unenforcable" is not a good reason to void it.

      Yeah, I agree with you that it'd be nice, in general, to be able to reverse engineer software, particularly for white-hat reasons. But there are a lot of people out there who might not write software if they couldn't protect their investments with contracts like that. And you might not care if those pieces of software never got written, but there are a lot of people out there that may not care about reverse engineering it and want to buy it anyways. So contracts like this are really useful to ensure that they get to buy softwre they want.

      There's room in the market for FOSS software and for closed-source, proprietary, non-reverse-engineer-able software. Let the users decide which ones they want. If FOSS is really that much better, they'll go that route (provided they're sufficiently eductated...and that's your/our job).

    8. Re:The devil is in the details by Pofy · · Score: 5, Insightful

      >Yes, but the kinds of things that make contracts
      >void are very few indeed.

      How about someone forcing you to agree to it so that you can use something you bought? Imagine next time you buy a TV, get how, and then find a piece of paper stuck on top of were to plug the antenna in. It says that by removing the piece of paper you agree that the TV is not yours, that they can come and pick it back whenever they want, and that they WILL do it if you watch channels that are not theirs or try to figure out how it works in any way and so on...

    9. Re:The devil is in the details by doug_wyatt · · Score: 1
      Well, as long as you knew, or should reasonably have known, that such a contract was involved in the purchase, of certianly I'm fine with it. I, of course, wouldn't buy a TV like that. And I'd hope enough other people would behave like me and there'd be companies that want our business.

      And, yes, agree that in some cases, EULAs aren't such that one can reasonably know what they are before the purchase has been made - and I'm all for legislation that requires EULAs be made available before the purchase is made, and for returning the product for a full refund otherwise.

      But I think one of the issues at play here is that there are a number of 'things' that people are 'used to buying', like music and software, and now some vendors are trying to change it from 'buying' to 'licensing'. Of course, as a consumer, I'd much rather own it than license it. And, yes, I'm a little worried that all music is going to turn in to a license deal, and that's going to make it harder for me to do with my songs what I want to.

      But are we really going to tell the marketplace that two agents cannot enter in to an informed and consensual licensing contract? That a small software company can't write a contract with a large commercial entity to license some itellectual property to them in a very limited manner? It seems ludicrous to suggest that such behaviour should be outlawed.

      And if not, why not let a musician enter in to a licensing deal with some set of listeners? Not all musicians need to do that. But if Joe Guitar player decides that's the business he wants to engage in, and Sally Afficionado is willing to sign Joe's contract, who are we to tell them they can't do that? We had no right to Joe's music in the first place.

      So let Joe and Sally do their thing, and we'll do our thing with musicians or developers that are willing to sell or license their work-product to us on better terms. It's a big world out there, and there's room for all sorts of business models.

    10. Re:The devil is in the details by Anonymous Coward · · Score: 0

      *ALL* EULAs on packaged consumer software are meaningless and unenforcable because there is no consideration for the contract. i.e. these supposed new contract terms are being presented *after* the purchase.

      Here's an example -- and I'll use a nearly identical example of a copyrighted product. If you buy a book wrapped in shrinkwrap from Amazon, and on that shrinkwrap is a "licence" sticker that says the copyright holder owns the rights to the words in the book (true) and that you are forbidden to write a review of the book without consulting them first, well, are you bound to that "agreement"? Of course not.

      Why? It's not because such an agreement is illegal (non-disclosure agreements legally forbid this sort of thing all the time). It's a void, non-agreement because there was zero consideration. There was no exchange of value for this loss of your rights. AND, the attempt to submarine in the restriction of rights occurred AFTER the purchase event (i.e. the consideration).

      If software vendors want legally enforcable licence contracts with their customers for consumer software, then those licences are going to have to be presented *AT THE TIME OF PURCHASE*, not while you are sitting in the den opening or first using the product.

      Also, copyright does not require a contract. The conditions under which you can copy/publish/perform a copyrighted work exists with or without a contract. What DOES require a legal contract at the time of purchase is the further restricting of your rights that go beyond copyright.

      So if this researcher bought the antivirus software in a box at a store, and if no "you may not reverse engineer" clause was presented and agreed to at the time of purchase, then any subsequent presentation of such "terms" is meaningless (note, this is in the U.S. I don't know French law). You own this copy of the copyrighted work and -- just as with a book -- you may do what you want with it short of violating the copyright. No other restrictions can or do exist.

      Read it aloud at home. Burn it. Write a review and post it to the web. Run it over with your car. Find a "secret code" hidden in the first letter of each word in the book. Sell it to whoever you want.

      Note, this last part is important. People have forgetten that book publishers once upon a time tried to put restriction clauses in their books that said the purchaser could not resell the book(!). It was an attempt to get rid of used book stores that were undermining their sales. But, since there was no contract or consideration at the time of purchase in exchange for this "agreement", it was unenforcable. But there, at one time, were numerous attempts to sue and stop people from selling used books in the U.S.

      Same area of law (IP) and same nonsense as shrinkwrap/popup EULAs on software. They are meaningless unless presented at the time of the purchase/contract (before downloading a purchased download copy of a program, for instance).

    11. Re:The devil is in the details by Pofy · · Score: 1

      >Well, as long as you knew, or should reasonably
      >have known, that such a contract was involved in
      >the purchase, of certianly I'm fine with it.

      Another thing that could be of importance, especially in a consumer case (were consumer sale laws would apply) is that some countries (many? I really don't know) doesn't allow for "unfair" contracts. Example of unfair contracts or parts of them would be to demand things not really related to the sale. For example to sell cars and demand that the person allow any employee to use the buyers house at will at any time (yes, extreme example, I know).

      ALso, you really need to have the contract done at the time of sale, not just "could guess with accuracy about the existance of osmething to be agreed upon later. Perhaps that vary a lot with country though.

      >and I'm all for legislation that requires EULAs
      >be made available before the purchase is made,

      Yes, but isn't that really the case in most countries allready? We are dealing with sale laws, that, I would guess, in most countries requires anything to govern the sale to be agreed upon at the time of sale (and hence available before purchase)?

      In addition, I would ask why one need EULA at all? Looking at them, a huge chunk is things that really allready apply due to existinbg laws, doesn't matter if you agree to them or not. Another chunk are things that really won't be enforcable even if you agree to it. An example would be the part that tells which law applies to a sale. One can't side step the law that way wanting another countriy's law apply and not the one were you do the sale. It is possible that in US it is possible to do it for which state law should apply, I really don't know, but I still doubt it. Another example is the attempt to get away from responsability or functionability of the program, agian, most (consumer)sale laws doens't allow that.

      So we are left with the remainder, which is typically not THAT much but usually are things to restrict the buyer. But is it really needed? How come no other bussiness needs it? I can't see how software, music, book or any other such bussiness would be that different. Really.

      >But I think one of the issues at play here is
      >that there are a number of 'things' that people
      >are 'used to buying', like music and software,
      >and now some vendors are trying to change it
      >from 'buying' to 'licensing'.

      Yet they still continue to buy it normally! And want to treat it as something you own as soon as that is more suitable.

      What we have (and what you talk about in the rest of your post) is a non consumer situation, companies or bussiness can of course do between them what is nessecary, but that is usually different from the final step which is getting it to the consumers. That is also why many countries for example have a consumer sale law that differs from the normal sale law which basically allows for any sort of agreement while the consumer one tries to prevent business from abuse consumers who rarely have as much power to put back so to speak.

    12. Re:The devil is in the details by OzRoy · · Score: 1

      Am I allowed to push the antenna through the piece of paper?

    13. Re:The devil is in the details by Pofy · · Score: 1

      Only until there is tougher laws pushed through that makes you go to jail for plugging in antennas unauthorized!! Circumventing the antenna plugin protecting paper should probably be a criminal act too!!

    14. Re:The devil is in the details by Alsee · · Score: 1

      I don't know the law in Fance, but here in the US you do not need any sort of licence to install and run software, and it is perfectly legal to reverse engineer it.

      There is no End User Licence Agreement, no contract, unless you choose to agree to it. Sure they play all sorts of games to attempt to shoehorn you into making such an agreement, but fundmentally you do no more need a licence to install and use software than you'd need a licence to read a book. You can decline the so called end user licence, and you are in no way commiting copyright infringment.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  17. And I thought European courts are... by Lead+Butthead · · Score: 2, Funny

    And I thought European courts are a little less boneheaded?

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:And I thought European courts are... by Anonymous Coward · · Score: 0

      Not the French courts. After their Napoleonic tradition they are small in stature yet obstreperous to the extreme, their effect ultimitely boils down to hot air reminiscent of the sickly perfumed coiffure of their officials.

      (Ok...I'm an Englishman...I guess I might have left that last sentence as 'boneheaded' .... but then I might also have decapitated my head of state)

      Yep in France they are so boneheaded that they won't accept modern technical terms into their language....so no one .... not even the French will be able to understand the details of the trial and victory will be awarded to the man with the biggest cod peice.

    2. Re:And I thought European courts are... by Atzanteol · · Score: 1

      Sounds like somebody has been drinking the slashdot KoolAid.

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    3. Re:And I thought European courts are... by geofforius · · Score: 1

      well I guess a little less boneheaded is still boneheaded after all

    4. Re:And I thought European courts are... by Usagi_yo · · Score: 2, Interesting
      I don't know why the parent was modded funny, because it's a sad understatement.

      European courts are some of the most oppressive when it comes to common rights we take for granted.

      Here in the U.S it's the people vs. In Europe it's the state vs.

      That simple little difference is why I trembled when some of our supreme court justices started quoting current european case law.

    5. Re:And I thought European courts are... by Anonymous Coward · · Score: 0

      Unlike US courts, French courts does not obey blindly to what companies told them to do. They do it by themselves

    6. Re:And I thought European courts are... by Anonymous Coward · · Score: 0

      Here in the U.S it's the people vs. In Europe it's the state vs.

      People or state, that's just words, reality is the same. Please believe me that (living in Europe) I think that many rights WE take for granted are not granted in US. Both sides of Atlantic have a different set of rules and people learn to live a different kind of lifestyle because of those rules.

    7. Re:And I thought European courts are... by R.Caley · · Score: 1
      Here in the U.S it's the people vs. In Europe it's the state vs.

      And how many European legal systems did you research to come up with that statement? How many of them use English for their legal cases?

      You realise, of course, that fundamental principles of what law is differ between jurisdictions, even within states. Trying to identify a difference by a one word difference between a US formality and one you made up is just silly.

      --
      _O_
      .|<
      The named which can be named is not the true named
    8. Re:And I thought European courts are... by Anonymous Coward · · Score: 0

      It's not that the courts are boneheaded, its just that Europe is a little behind the times... hell, half those countries still have kings and queens and jacks and whatnot.

    9. Re:And I thought European courts are... by Usagi_yo · · Score: 1
      Oh come now, In Europe the people live to serve the state, in the U.S at least we have the illusion and pretense that the state lives to serve the people.

  18. Re:"Researcher" = hacker by Anonymous Coward · · Score: 0

    All those "Researchers" trying to cure AIDS are hackers? Since when?

  19. No, but make a film about how Islam treats women by Anonymous Coward · · Score: 2, Insightful

    And you will be....

  20. Trying to help by CypherXero · · Score: 1

    He was only trying to help. So many people today are blinded by money, that they forget to see people helping them out, and helping try to make programs more secure.

    1. Re:Trying to help by Anonymous Coward · · Score: 0
      Remember:

      No good deed ever goes unpunished.

    2. Re:Trying to help by Anonymous Coward · · Score: 0

      IMHO AV-software business isn't about security, it's about feeling comfortable. You know: "I defended you from an EVIL virus, feel comfortable and stay browsing pr0n!" So most AV-software distributors are not interested in full disclosure because they are in snakeoil-business.

    3. Re:Trying to help by Anonymous Coward · · Score: 0

      Actually what he did is reverse engineer the antivirus, and spread its bugs onto a list dedicated to viruses, only to harm the original company with whom he had had a disagreement.
      In other words, the guy became angry with the business, and found all means to harm it in any way (including spreading FUD about it whenever possible).

      He also tried to discredit people who would investigate the case, calling them "seids".

      Whatever the benefit of finding new flaws in a software (and as a proponent of OSS/FSF I know this is important), his attitude was far from respectful (by hacker's standards, but also by netiquette and legal points of view).

      So I don't think we should make him a martyr of some sort. He is not the guy who showed flaws in credit cards and was sent to jail.

      my 2 cents

  21. Re:"Researcher" = hacker by Dark+Demon · · Score: 0

    making a broad generalization = idiot

  22. A bad thing? by jedkiwi · · Score: 0, Flamebait

    This is almost as bad as what the NYT did to Adrian Lamo, getting people in shit for trying to help them. What is this world coming to?

  23. Think about the users. by Schrodinger's+Monkey · · Score: 1, Insightful

    If he were just researching the security of the program, then it would be unreasonable for the company to complain. However, he took a security program and published a list of exploits. He puts a lot of innocent users in unsafe positions by doing that. It seems reasonable to sue him, from that perspective.

    1. Re:Think about the users. by Anonymous Coward · · Score: 0

      This company sold software to customers saying it was 100% secure, etc, and this person discovered it was not. He showed where it was bad - how this could breach copyright law is beyond me - it was only a section of re-assembled code, it wasn't the original code, and hell, it wasn't the entire software it was a tiny portion. That is surely covered by reasonable use!

      That's the point of security research. If he could find it out, then one of the thousands of malicious crackers could one day. Standard procedure is to publish.

      This is like having a sealed engine on a car, then discovering that the engine had a serious flaw in it after you open the sealed unit, and then getting sued when you point it out.

    2. Re:Think about the users. by unoengborg · · Score: 2, Insightful

      The users was already in an unsafe position. If you fortget to lock your door, putting on a blindfold that prevents you from seeing the open door, will not protect you from burglary.

      If he could find the open door, so could sombody else. But he was kind enough show the open door rather than leaving it open.

      --
      God is REAL! Unless explicitly declared INTEGER
    3. Re:Think about the users. by Prometheus+Bob · · Score: 1

      Do the users happen to be children? Should I think about the children?

    4. Re:Think about the users. by Anonymous Coward · · Score: 0

      He puts a lot of innocent users in unsafe positions by doing that. It seems reasonable to sue him, from that perspective.

      And people wonder why the computer industry has such security problems!

      Look, the company put out the software without checking it for bugs. They took money from people and gave them broken goods. *THEY* put the users at risk, not this researcher!!! THEY should be sued by the users!

      If you don't punish mistakes, how do you give people incentive to make less of them?

    5. Re:Think about the users. by syzler · · Score: 1

      He may be putting the end users at risk, however it is not the end users that are suing him. The end users will likely never see a single euro if there is a settlement. The supposed damages that the company is seeking is very possibly for the loss of sales due to end users being aware that the software is flawed. If the company had the end users at heart, then they would put the cost of suing him towards fixing the exploits he uncovered.

      Based on your argument, it would be reasonable for the end users to sue him, however it is unreasonable for the company to sue him.

    6. Re:Think about the users. by Ohreally_factor · · Score: 1

      While I don't think he should be either sued or criminally prosecuted for his actions, it's more like taping a note to the door saying "This door is unlocked", thereby notifying not only the users, but potential wrongdoers that might not have tried the doorknob otherwise.

      His only saving grace is that there was already the risk that someone with evil intentions knew the door was unlocked. This is a worse condition than having everyone know of the vulnerability.

      However, if it comes out that he attempted to notify the developer first, then he is completely in the right.

      --
      It's not offtopic, dumbass. It's orthogonal.
    7. Re:Think about the users. by Anonymous Coward · · Score: 0

      Actually what he did was publish on the net that your door is open. It's like saying - hey, look at those stupid people in that house, they leave they door open whey they go out! Come an rob them!

      People publish these things on the web to get a name, not to be "kind".

    8. Re:Think about the users. by fishbowl · · Score: 1

      > *THEY* put the users at risk, not this
      >researcher!!! THEY should be sued by the users!

      That makes sense to you and me, who understand where to place the blame. But their position seems reasonable to them, that the reseracher exacerbated the problem, increasing the risk. And they maintain that he did so intentionally, in a hostile and destructive manner, repeatedly over an extended period of time, and they have presumably taken less drastic actions, before finally going to the courts with their greivance.

      I understand the point of view of the informed geek, but I also don't expect the company to automatically take that position, nor do I see any means to persuade them.

      --
      -fb Everything not expressly forbidden is now mandatory.
    9. Re:Think about the users. by fishbowl · · Score: 1

      "The users was already in an unsafe position. If you fortget to lock your door, putting on a blindfold that prevents you from seeing the open door, will not protect you from burglary."

      That's very true. But this case seems to be about the guy who, with intent to harm you, goes downtown, picks up a crackhead, and drops him off at your house. Yeah, he might have found your unlocked house on his own, and that's one problem. But this is a separate problem. The company is claiming that the researcher had malicious intent.

      I don't agree with their position, but I think I understand it.

      --
      -fb Everything not expressly forbidden is now mandatory.
    10. Re:Think about the users. by Anonymous Coward · · Score: 0

      You assume that "the potential wrongdoers" have time to read the note on their way out.

      Never assume you are the smartest person in the world. Someone else is at least as smart as you, and probably smarter (i.e. he found out about the hole weeks ago). If you're the good guy, he is probably the bad guy. Now do you see why it's more important to alert the potential victims, than caring about keeping the bug a secret from someone who probably already knows?

    11. Re:Think about the users. by Anonymous Coward · · Score: 0

      That's the point of security research. If he could find it out, then one of the thousands of malicious crackers could one day. Standard procedure is to publish.

      OK, but what about the retarded crackers who would never find it themself? They now know and can exploit it. So you should quietly tell the vendor and warn them you're going to full disclose in a month. RTFA. The guy didn't contact to the vendor.

      This is like having a sealed engine on a car, then discovering that the engine had a serious flaw in it after you open the sealed unit, and then getting sued when you point it out.

      No it's not. Why would anyone want to exploit a flaw in your engine?

    12. Re:Think about the users. by Anonymous Coward · · Score: 0

      Try reading again, this time for comprehension. Poster clearly suggested that some evildoers might already be aware, but posting a note on the door alerts more evildoers to an opportunity.

  24. I've considered moving to France before... by theblacksun · · Score: 3, Insightful
    ...in my occasional Europe scan. But yea this just killed that idea. I always forget they have a history of computer cases like this.

    I absolutely hate this backwards shit. Software engineers and governments and everone just best get used to the fact that people are going to reverse engineer everything they can. Until they get used to it, lawmaking is just going to go overboard, stifling development and competition.

    And I believe the proper response to pointing out an error in your system is "Thank You."

    --
    Ignorance kills, complacency kills, hatred kills, but usually not the ones guilty of them.
    1. Re:I've considered moving to France before... by DaFallus · · Score: 1

      It took this to convince you not to move to France?

      --
      No one cares what your captcha was

      Houston TX, USA
    2. Re:I've considered moving to France before... by Anonymous Coward · · Score: 0


      Well, in case you haven't noticed, he hasn't been considered guilty by the court (yet).

      I'd say it may be a bit too soon to decide on something like that :P

    3. Re:I've considered moving to France before... by CurlyG · · Score: 1

      > > I've considered moving to France before...
      > >...in my occasional Europe scan. But yea this just killed that idea.

      > It took this to convince you not to move to France?


      Wow, reading comprehension really isn't your strong point, is it?

      --
      You know they call 'em fingers but I've never seen 'em fing. Oh, there they go.
    4. Re:I've considered moving to France before... by Anonymous Coward · · Score: 0

      Yes, anyone who does not like France must have poor reading comprehension.

    5. Re:I've considered moving to France before... by Atzanteol · · Score: 1

      Yeah, never move to a country that has done anything you disagree with. Perhaps there's an island in the middle of nowhere you could live in?

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    6. Re:I've considered moving to France before... by westlake · · Score: 1
      Software engineers and governments and everone just best get used to the fact that people are going to reverse engineer everything they can

      engineers do not make the law, engineers are not above the law. engineers can do hard time. welcome to the world as it is and not as you would like it to be.

    7. Re:I've considered moving to France before... by Anonymous Coward · · Score: 1, Funny

      Hey, thanks for shifting the curve in school. It's idiots like you that helped me get decent grades.

    8. Re:I've considered moving to France before... by theblacksun · · Score: 2, Insightful
      Limiting revese engineering is harmful to society. The PC is only so standard because reverse engineering is legal. Otherwise it would have remained the propertyof IBM and much less accessable.

      Beyond that, software is an intangable entity that is very difficulty to track. Discouraging people from breaking into the software they've bought is hard psychologically. What different is this than publishing mods? What's the difference between that and souping up your car and making a website? Software hacks look exactly like a audio/vehicle tweaks to me and a lot of other people. On top of these problems, software is also so easily recreatable as the act has no percieved reprcussions.

      Look at the pace of the technology around you. Bits are rapidly becoming cheaper and cheaper. Software providers are going to have to deal with this, as well as the gradual improvement of computer literacy as PCs have spread. Fighting this is like fighting the tide.

      --
      Ignorance kills, complacency kills, hatred kills, but usually not the ones guilty of them.
    9. Re:I've considered moving to France before... by CurlyG · · Score: 1

      AC: "Yes, anyone who does not like France must have poor reading comprehension."

      Let me explain this to you nice and slowly:

      theblacksun: "I've considered moving to France before...
      ...in my occasional Europe scan. But yea this just killed that idea."


      Here, theblacksun is explaining that this news convinced him/her not to live in France.

      DaFallus: "It took this to convince you not to move to France?"

      And here, DaFallus is seemingly unclear on theblacksun's motivations, vis-a-vis potential emigration to France, and is requesting further clarification.

      At no stage did either poster mention whether or not they 'liked' France. Whereas DaFallus certainly displays poor English comprehension skills, you are merely a fuckwit.

      --
      You know they call 'em fingers but I've never seen 'em fing. Oh, there they go.
    10. Re:I've considered moving to France before... by 16K+Ram+Pack · · Score: 1
      And I believe the proper response to pointing out an error in your system is "Thank You."

      My one cavaet on this would be "tell me privately first please". I think it's good manners to tell a software company (of any size) about a fault first, and give them a reasonable chance to resolve it. Putting it out in the wild at the same time just poses a risk to users. Sometimes I think that companies' hands have to be forced, though.

    11. Re:I've considered moving to France before... by Anonymous Coward · · Score: 0

      Yeah right. If he had told them privately and only released the information when they didn't do anything, he would probably be facing blackmail charges by now.

  25. Re:"Researcher" = hacker by gl4ss · · Score: 2

    well, when viguard is advertised with clauses like this: "Hundreds of thousands of workstations protected by VIGUARD have never been infected by viruses without a single signature update!"

    showing bugs from their product shouldn't be illegal, hell, viguard should be the fuckers to sue(only way i can figure out that their product really works is that it stops just about fucking everything from working - otherwise, how can you possibly possibly detect an ftp server from a trojanised one?).

    besides.. being a 'hacker' shouldn't be illegal, doing nasty things with those hacks should.

    --
    world was created 5 seconds before this post as it is.
  26. Just great by talo · · Score: 0, Flamebait

    Now im waiting that when Microsoft attacks against Secunia or some other company. I can't think anything more stupid than this, if someone pointed out failures in my software I would be thanking the guy.

  27. Bad analogy by Dancin_Santa · · Score: 3

    "To use an analogy, it's a little bit as if Ford was selling cars with defective brakes. If I realised that there was a problem, opened the hood and took a few pictures to prove it, and published everything on my Web site. Then Ford could file a complaint against me," added Tena.

    Well, you see, with a physical object like a car, minor variances in materials and manufacturing can lead to random defects showing up in any specific vehicle.

    With software, unless the media it came on is damaged, it is unlikely that the version that you bought is different from the others sitting next to it on the shelf. Binary copies are exact copies.

    The analogy also doesn't hold because it isn't like "opening the hood" (though I wonder why you'd open the hood to inspect the brakes, but I digress) and taking a look. It is more like he hooked up wires to the control box and did a packet scan on the computer signals in the computer.

    1. Re:Bad analogy by Anonymous Coward · · Score: 4, Insightful
      The analogy also doesn't hold because it isn't like "opening the hood" (though I wonder why you'd open the hood to inspect the brakes, but I digress) and taking a look. It is more like he hooked up wires to the control box and did a packet scan on the computer signals in the computer.

      Which should be equally encouraged.

      If it becomes illegal for people to figure out how things work, we'll find ourselves living in a society of morons (even more than now).

    2. Re:Bad analogy by mostlyalmighty · · Score: 2, Insightful

      There shouldn't be anything wrong with scanning the computer signals in YOUR car. It is belongs to YOU. Proprietary software may be a different story though with its nasty EULAs and things.

    3. Re:Bad analogy by techno-vampire · · Score: 2, Insightful
      The analogy also doesn't hold because it isn't like "opening the hood" (though I wonder why you'd open the hood to inspect the brakes, but I digress) and taking a look.

      The master cylider for the brake system is under the hood. If you needed to check that, or the level of brake fluid, you'd need to open the hood.

      --
      Good, inexpensive web hosting
    4. Re:Bad analogy by endx7 · · Score: 2, Insightful

      Well, you see, with a physical object like a car, minor variances in materials and manufacturing can lead to random defects showing up in any specific vehicle.

      It is also possible for a certain defect to occur in every single car of that model.

      You mention manufacturing flaws. In the case we have here it is a design flaw, which is just as applicable in cars as it is in software.

    5. Re:Bad analogy by Mad+Marlin · · Score: 1

      I just put a new one of those on my 1985 Mercury (a.k.a. Ford) yesterday, and a new booster too, so not only was I under the hood to work on the brakes, I also had my head at the driver's side floor inside too, (un/re)bolting the booster. The only time I was at the actual brakes in the whole operation was when I bled them at the very end.

    6. Re:Bad analogy by Ohreally_factor · · Score: 1

      Note to self: Don't let Dancin Santa work on my car.

      --
      It's not offtopic, dumbass. It's orthogonal.
    7. Re:Bad analogy by Ztream · · Score: 1

      Erh, except faulty brakes will kill people in accidents that happen due to the laws of nature, whereas exploits are dangerous only when people deliberately exploit them (hence the name), and that requires them to *know* about it. That's a huge difference.
      Maybe the anology would work if they breaks were designed by Heisenberg and only stopped working when people knew they were faulty.

      Now, a lot of people here will argue that some people probably already *knew* about these vulnerabilities, and that is probably the case. But now every little script kiddie knows about it too.
      I say the responsible course of action would have been to notify the company first, give them a little time, and then notify the public.

    8. Re:Bad analogy by Anonymous Coward · · Score: 0

      Why exactly are you people arguing about cars? Wouldn't it be simpler to stick with the topic at hand and decide whether it's bad or not? Instead confusing each others with stupid cars and front door burglar analogies.

    9. Re:Bad analogy by Doc+Ruby · · Score: 1

      Morons surrounded by things that don't work, as the closed-source examples clearly demonstrate.

      --

      --
      make install -not war

  28. Look dammit by Anonymous Coward · · Score: 0

    If these people would just stop "researching" their "security", then maybe I wouldn't have to keep spending time patching and rebooting all these Windows servers. It seems like every time there's a bug it's discovered by some "security researcher" and then I have to patch and reboot again. It's clear who is the cause of the problem, hopefully with 1 less of them out on the streets things will calm down a little.

    1. Re:Look dammit by Spy+der+Mann · · Score: 2, Insightful

      I don't know why I should be wasting my time correcting AC's in here. Still, here's a good phrase and my personal interpretation:

      SECURITY THRU OBSCURITY IS NO SECURITY AT ALL.

      Maybe you won't see people shouting bugs on the streets. But the hackers are there, posting the exploits in underground networks. Away from the police forces.

      With public exploits, at least you can see the enemy (the security hole). With "unpublished" exploits, the enemy will strike you from behind.

      Is this what you REALLY want?

    2. Re:Look dammit by Anonymous Coward · · Score: 0

      I don't know why I should be wasting my time correcting idiots in here. Still, here's a good phrase and my personal interpretation:

      SARCASM IS FUNNY AND YOU DO NOT UNDERSTAND IT.

    3. Re:Look dammit by Anonymous Coward · · Score: 0

      YHBT. YHL. HAND.

  29. Chilling Effect by grcumb · · Score: 5, Funny

    Stories like this are just the Slashdot editors' way of warning us to shut up already about the Firefox rendering errors on this site. 8^)

    --
    Crumb's Corollary: Never bring a knife to a bun fight.
    1. Re:Chilling Effect by corsec67 · · Score: 1

      Yes, and if anyone does complain, then there is the funding for /. for the next year.

      --
      If I have nothing to hide, don't search me
    2. Re:Chilling Effect by fredistheking · · Score: 1

      CTRL+ then CTRL- seems to fix the problems for me. Please don't sue me.

    3. Re:Chilling Effect by skiman1979 · · Score: 1

      Firefox works fine for me on slashdot. I have yet to see a rendering problem.

      --
      Having a smoking section in a public restaurant is like having a peeing section in a public swimming pool.
    4. Re:Chilling Effect by Anonymous Coward · · Score: 0

      Ok, guys! Now that it works fine for skiman1979, we are done fixing the internets!

  30. Re:"Researcher" = hacker by konekoniku · · Score: 1

    Yes. However, it is also true that we live in a society under the rule of law. You really ought to look up what "rule of law" really means if you don't understand the implications of it yet.

  31. same difference by Doc+Ruby · · Score: 5, Insightful

    Actually, companies usually don't take any different stance when they're notified of their bugs before public disclosure. But at least that gives them the chance. So when published, the disclosure leaves them no recourse to this diseased retaliation; they are more pressured to fix it instead of making matters worse by killing the messenger. In this case, the messenger (apparently) made matters worse, by disclosing publicly (including bad guys) before giving the company a chance to fix the problem. That is a crucial distinction between his somewhat reckless actions and those of other whistleblowers. Integrity demands reporting to the people who can fix the problem first. Even if they do fix it, the vulnerabilities can be published later, to embarass the company out of doing it again amidst even worse publicity. If they don't fix it quick, of course publishing is an option to force them. Unfortunately, I doubt the "group mind" of our media will make the distinction, and we'll all get polarized over the oversimplification of whether or not disclosure is ever appropriate without permission of the malware copyright holders.

    --

    --
    make install -not war

    1. Re:same difference by Anonymous Coward · · Score: 0

      In this case, the messenger (apparently) made matters worse, by disclosing publicly (including bad guys) before giving the company a chance to fix the problem.

      This is a ridiculous line of thinking. The company already had a chance. Before they shipped. Why didn't they hire somebody to audit the program?

      It's because of this wishy-washy attitude that we tolerate even one bug in Windows, let alone thousands. We have a serious problem in the computer industry, our security is terrible, and nobody seems to care.

      People suggest that we should pass laws to punish security mistakes. We don't need to do that. We need to point out these problems, embarrass the companies, punish them in the marketplace. How else will this problem be solved??

      Vulnerabilities should be posted immediately when discovered, with or without a working exploit. If everybody did this, imagine how quickly the computer industry would shape up, eh?

      Mistakes should be expensive. That's how you minimize them!

    2. Re:same difference by grcumb · · Score: 5, Insightful

      "Actually, companies usually don't take any different stance when they're notified of their bugs before public disclosure. But at least that gives them the chance. So when published, the disclosure leaves them no recourse to this diseased retaliation; they are more pressured to fix it instead of making matters worse by killing the messenger. In this case, the messenger (apparently) made matters worse, by disclosing publicly (including bad guys) before giving the company a chance to fix the problem. That is a crucial distinction between his somewhat reckless actions and those of other whistleblowers."

      That's a really decent analysis. Thank you for that. The distinction between acting responsibly and acting foolishly is often a little difficult to discern, especially at first glance.

      The thing that upsets me, though, is that apparently foolhardiness by the whistle blower carries a penalty of over USD 1 million and potential jail time, whereas the (arguably criminal) negligence of software makers seems to carry no cost at all.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    3. Re:same difference by techno-vampire · · Score: 1
      Why didn't they hire somebody to audit the program?

      They probably did. Alas, even auditing a large program won't always get everything. You do your best and hope you didn't miss anything important.

      --
      Good, inexpensive web hosting
    4. Re:same difference by Doc+Ruby · · Score: 1

      Do you develop software? Mistakes are always shipped; it's an inevitable part of our process. Our software is too complex, and our tools are too crude, to avoid them. All this is one of the strongest arguments for open source, because it makes "public" disclosure, and "to the developers first", identical. But in the case of closed source, the more compelling argument (as I have made elsewhere in this thread) is for initial, if brief, private disclosure. BTW, calling my argument "ridiculous", when you can only disagree (it's a sober, reasoned argument accepted by most working security professionals), doesn't encourage rational discussion. It only supports the appearance of naivete in the rest of your post.

      --

      --
      make install -not war

    5. Re:same difference by Doc+Ruby · · Score: 2, Interesting

      Yeah, it's fascism (corporate government without corporate governance). Especially since they're "killing the messenger", a mark of fascist propaganda that sends fear among potential whistleblowers. This fascist wave is rising inexorably, and software is its natural element.

      --

      --
      make install -not war

    6. Re:same difference by Anonymous Coward · · Score: 0

      Do you ever wonder why "our process" produces so many problems compared to other industries? Could it be that "our process" is broken? Shouldn't we fix it?

      I have seen software that is more secure than other software. I have seen software like qmail that has never had any security issues. Therefore it must be possible to write software in such a way that mistakes are minimized. Or that mistakes are rendered ineffective (think chroot or dropping permissions).

      You've already given up. You assume that mistakes "always" ship. Imagine your bank telling you "mistakes happen with all accounts". Your doctor "every surgery is bungled, guaranteed".

      It's not like the software industry is 1000 years old. We will fix these problems. Unfortunately the only solution will probably be 1) government-imposed punishments or 2) licensing so that only certain people can write computer software.

    7. Re:same difference by Doc+Ruby · · Score: 2, Interesting

      I haven't given up on software quality; I just recognize that testing never ends. It is you who unrealistically expects people to do anything perfectly. As I mentioned, "Our software is too complex, and our tools are too crude, to avoid them." I expect our tools to become more fine - I personally anticipate more flowchartlexical development tools as UML finally gets compiled. I expect software to become ever more complex, as it is more interconnected, but I also expect some simplifying patterns to emerge as stable. The SW industry *is* in some ways 1000 years old, with repeated instructions for, say, transcribing books at the root of many of our software patterns. But some of our problems are not old enough to have solutions, or to have been discarded in light of experience with actual stored programs for digital networks. But I don't see any other human activity that is exposed to the public without mistakes. A more mature software industry will learn from the resilience of those other, reliable, activities, with failure tolerance, redundancy, and feedback at every step. Perhaps software development with then become much less inexpensive for its productivity increases, but the finer control and mutability, transcending distance, and amplifying humans (as well as myriad other benefits) will be even more impactful, when we don't even notice the software, because it works as well as everything else (yet not perfectly).

      BTW, if there aren't any qmail bugs, why are there qmail patches?

      --

      --
      make install -not war

    8. Re:same difference by Anonymous Coward · · Score: 0

      negligence of software makers seems to carry no cost at all.

      It does carry a cost.. the cost of embarrassment and panic as they rush to repair the damage they caused.

      I think Dan Bernstain said it best.

      However, if you "give them the chance" by telling them first, they don't experience this punishment. Serious security problems then become like any other bug: prioritize, repair with minimum effort, move on, learn nothing, change no habits.

    9. Re:same difference by Anonymous Coward · · Score: 0
      In fact, if the auditor kept finding problems, management probably would have hated them and looked for a more liberal auditor. I bet anything the auditor's CEO even gave the techies a "customer is always right" speach.

      A vendor hiring an auditor to rubber-stamp their own software has so many conflicts of interest it's quite funny to watch.

  32. The real question is... by stubear · · Score: 4, Interesting

    ...will the US extradite him given our decreasing friendly relations with France?

    1. Re:The real question is... by miu · · Score: 1

      The machinery of extradition is pretty low level. Bush, Iraq, Neo-con revisionism, tantrums by lefty Parisian students and the legacy of De Gaul aside, relations between France and the US are not bad enough to interfere with standard operations of this sort.

      --

      [Set Cain on fire and steal his lute.]
    2. Re:The real question is... by Anonymous Coward · · Score: 0

      The accused should charge the French firm's Directors personally, in the USA, under US law. Try suing from California first. That way the directors, their agents can be arrested - they won't be visiting USA - or face arrest/deportation if they do, and the inability to sell anything in California will sting.

      Contracts cannot snuff out statutory rights, and using foreign law to hide hidden and latent defects just plain stinks.

  33. ...in related news........ by Dark+Demon · · Score: 2, Funny

    Tobacco companies are now suing medical research facilities............phockin' pikers....

    1. Re:...in related news........ by Anonymous Coward · · Score: 0

      This is funny? Shit like this has been going on forever. Small research outfit identifies terrible problem with large corporation's widely used household name product brand x. Company files suit. Little research outfit runs out money litigating. Shutsdown, researchers out of a job. Information successfully suppressed. Profitability and status quo maintained.

      It fucking makes me sick, and if you think it's funny I'm going to laugh at you when you get sick slowly die from disease while the doctors and pharacuetical companies wring you dry giving you a "treatment" that is usually worse than the disease. I'm laughing at you, you miserable wretched foolish animal.

    2. Re:...in related news........ by Anonymous Coward · · Score: 0

      yup, thats why it is best to publish your finding as an anonymous coward...

    3. Re:...in related news........ by Dark+Demon · · Score: 0

      And it's obvious that the humor gene has been identified and can be extracted....jackass.

  34. What he should have done by FusionDragon2099 · · Score: 1, Insightful

    was take what he knew about the exploit and write+release a patch for it. Seems a bit more reasonable than giving crackers an extra target to shoot at.

    1. Re:What he should have done by Ohreally_factor · · Score: 1

      Sure, if this was Open Source Software he might have done just that. However, the product was proprietary closed source and he had no access to the source.

      Also, if he had access to the source, they wouldn't be able to nail him for reverse engineering.

      --
      It's not offtopic, dumbass. It's orthogonal.
  35. Won't probably hold up ... by quax · · Score: 1

    I doubt that this will be held up in a hogher court. I'd be very surprised if it did, but then again it is surprising that this case has gotten so far in the first place.

    Maybe somebody who knows French laws and the Fremch constitution could comment on this? Is science and academic freedom protected in the French constition (as in the German)? If so shouldn't this trump any intellecual property rights?

    1. Re:Won't probably hold up ... by Anonymous Coward · · Score: 0

      Is science and academic freedom protected in the French constition (as in the German)?

      They are not. The French don't have a lot of rights that the Americans do, for all the complaints about it seeming the other way.

      France is very much still the same country it was when the Marquis de Sade was locked up. It doesn't help this man that he was working at Harvard in the USA.

    2. Re:Won't probably hold up ... by Anonymous Coward · · Score: 0

      It hasn't even held up in a lower court yet. The article says the prosecution is _seeking_ a prison sentence and a fine. Some of the alarm here seems a little premature.

    3. Re:Won't probably hold up ... by HuguesT · · Score: 1

      1- At the time of the Marquis anyone could get imprisoned for life on a whim from the King. There are no kings in France now; no one can get imprisoned there on an whim from anybody. Things have progressed a little.

      On the other hand, does Guantanamo Bay ring any bell to you?

      2- The US and France grant their citizens very similar rights, they are just not guaranteed in the same way. Do you have anything in mind ?

      Having lived in both the US and France (and other countries as well) it seems to me that the freedom of the press is greater in France, or at least it gets exercised a lot more. It is hard or uncommon to read anything even remotely subversive in the American press, which seems to hold the US presidency in way too much regard. In contrast in the widely popular French press or on TV no holds are barred.

  36. And remember kids! by Anonymous Coward · · Score: 1, Insightful

    Just because it's law, doesn't mean it's morally correct!

    Corporation = Ogre
    Law = large club

    1. Re:And remember kids! by Anonymous Coward · · Score: 0

      If you disagree with some law or corporation, throw rocks at cops or break windows. That's the morally correct way of changing things, right?

  37. By this logic... by earthforce_1 · · Score: 4, Insightful

    Ralph Nader should have been sued for publishing information on verifiable safety problems and inaccurate odometers in automobiles. Ditto for the one who first broke the story about a certain brand of tire failing on a certain manufacturers SUVs, causing death and injury.

    --
    My rights don't need management.
    1. Re:By this logic... by skiman1979 · · Score: 1

      Publishing safety problems of automobiles, or tire failures probably won't provide an avenue for someone to commit a crime. However, if you publish security vulnerabilities of a financial institution's database, malicious individuals can use this information to break in and steal money.

      --
      Having a smoking section in a public restaurant is like having a peeing section in a public swimming pool.
  38. Re:"Researcher" = hacker by unoengborg · · Score: 1

    It doesn't really matter if he works at Harvard or not. As long as he follows good scientific tradition, where he works or not work doesn't matter.

    It is extremely important that research can be carried out without penalties. What if he had found out that a particular type of car was unsecure, should he still have been stopped for in detail describing what was wrong. I think not.

    --
    God is REAL! Unless explicitly declared INTEGER
  39. Those Homeland Security Bastards! by RexRhino · · Score: 1, Funny

    How dare G. W. Bush and his Homeland Security cronies lock up a researcher, for just trying to help protect people from these terrible security flaws. When I hear stories like this, I think the U.S. is becoming more and more like Nazi Germany.

    Oh, wait? It was in France? Oh, my bad, I guess it was a totally reasonable thing for the French government to do!

    1. Re:Those Homeland Security Bastards! by Anonymous Coward · · Score: 0

      Woah, someone seems to have left the gates of the retard farm open again...

  40. Just wrong by SilverspurG · · Score: 1

    If a company makes a product, and I point out a flaw, shouldn't they be offering me a job?

    It could've saved the pharmaceutical industry.

    --
    fast as fast can be. you'll never catch me.
  41. Re:"Researcher" = hacker by Rosonowski · · Score: 1

    Depends. Do you take the media scaremongering definition of hacker, which I have to argue is unfortunately the now "common" definition, or the "actual" definition? If you take the latter, then yes, they are hackers.

    --
    01101001 01100001 01101101 01101110 01101111 01110100 01100001 01101100 01100001 01110111 01111001 01100101 01110010
  42. Re:"Researcher" = hacker by Anonymous Coward · · Score: 0

    It means you can can buy it if you're a violent athlete like OJ and Kobe; but not if you're a student committing the crime of educating the public?

  43. Re:"Researcher" = hacker by Anonymous Coward · · Score: 0

    Do you think some research should have bounds? Such as chemical and biological testing on prisoners of war? If you think it should, where should we stop with other research?

  44. No. France is anti-free speech by Anonymous Coward · · Score: 0

    In the U.S., you can say anything (well, excluding certain swear words). However, in France, you can get arrested for speaking your mind.

    They don't beleive in free speech there. Liberte' my ass.

  45. karma by frovingslosh · · Score: 5, Funny

    It will all work out. Next time a virus writer gets caught he'll both sue Tegam and have their officer's arrested for reverse engineering his code.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:karma by Anonymous Coward · · Score: 0

      Have their officer's what arrested?

    2. Re:karma by frovingslosh · · Score: 1

      opps! Hope my grammer doesn't see that I made that goof (she would be upset). But I like you're take on it.

      --
      I'm an American. I love this country and the freedoms that we used to have.
    3. Re:karma by Anonymous Coward · · Score: 0

      "opps"?

  46. The French seem stuck in some Napoleonic fugue. by putko · · Score: 3, Insightful

    They do this all the time. Not having a tradition of Common Law, they fall on the wrong side of this all the time.

    Thank God for the First Amendment. For those of you not from the US of A, it guarantees freedom of expression in the most absolute terms. Short of something that incites violence (e.g. "let's kill him") or yelling "fire" in a crowded theater, it is OK. The Pentagon Papers case essentially destroyed "prior restraint" for national secrutiy reasons (as practiced in Britain).

    Even countries that are supposedly as free as the USA are actually not. Politically incorrect things like "tribe A is stupider than tribe B" will get you put in jail.

    I'm reminded of the theme song from "Team America: World Police". Too rude to print here, it would probably get you put in jail in some countries.

    Only America could produce someone like "Ol' Dirty Bastard".

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    1. Re:The French seem stuck in some Napoleonic fugue. by Anonymous Coward · · Score: 0

      Short of something that incites violence (e.g. "let's kill him") or yelling "fire" in a crowded theater,

      Unless "him" is Osama bin Laden, or there actually is a fire in that theatre...

    2. Re:The French seem stuck in some Napoleonic fugue. by TheOriginalRevdoc · · Score: 1

      Nice troll.

      How did it get "informative"?

    3. Re:The French seem stuck in some Napoleonic fugue. by asrgomes · · Score: 1

      Nice talk... however... what about DMCA? The ideia of 'freedom of expression' may not be feasible at all nowadays, depending on which type of 'expression' your're talking about. In a technological sense, Americans suffer from the same problem.

      --
      --ASRG
    4. Re:The French seem stuck in some Napoleonic fugue. by Anonymous Coward · · Score: 0
      It's a troll, but I've already moderated in this discussion and I figured a little AC-love is in order.

      For those of you not from the US of A, it guarantees freedom of expression in the most absolute terms. Short of something that incites violence (e.g. "let's kill him") or yelling "fire" in a crowded theater, it is OK.

      Provided what you want to say is agreeable to the government, otherwise you might find yourself bannished to a free speech zone in a nice out of the way place.

      . I'm not sure what good that free speech will do you if you're detained and held without charge away from your family, friends, and council for months on end, but then again: I'm not an American: your laws and rules are frightening to me.

      Team America: World Police". Too rude to print here, it would probably get you put in jail in some countries.

      If the way you handle accidently seeing a women's breast ( nice one at that) is any indication of how your nation reacts to "indecency" then maybe you should cover your own ass.

      Maybe I should duck and cover, apparently living half a world away isn't enough to to keep you guys from marching accross the globe and locking people up for revenge.
    5. Re:The French seem stuck in some Napoleonic fugue. by radish · · Score: 1

      "supposedly as free as the USA"? Ha. HaHa. HaHaHahAhAHAHAAHAHAHAHAHAHAHAH.

      Thanks, I needed that :)

      Keep drinking the Bush kool aid!

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    6. Re:The French seem stuck in some Napoleonic fugue. by Anonymous Coward · · Score: 0

      The DMCA was passed under a Democratic presidency. George W. Bush, had nothing to do with it.

    7. Re:The French seem stuck in some Napoleonic fugue. by MarcQuadra · · Score: 2, Interesting

      ...Politically incorrect things like "tribe A is stupider than tribe B" will get you put in jail.

      Er, I might be misunderstanding you, but in the USA you are free to shout racism and hate from the mountaintops, whereas in a lot of European countries you'd get tossed in jail.

      Over here, speech is protected, and that includes virtually all forms of communication. Personally, I prefer it this way too, every now and then I get neo-nazi flyers in my mailbox, but that itself isn't hurting anyone. I'd defend their right to pamphlet and rally, as I'd expect all citizens to defend mine if I felt so strongly about an issue.

      What bothers me most are the 'liberals' who really seem to want to take away those rights, the ones pushing political correctness as a way of life. I consider myself a liberal, but only as far as the root of the word allows, there's nothing 'liberal' about dismissing facts that conflict with political correctness.

      Up here in the Boston area I deal with a LOT of people who are just as backward to the left as we all think people down south are backward to the right. Try telling someone up here you don't feel at all guilty for slavery, or that you think public schools should separate kids based on performance, or that racism is 'mostly dead in the 21st century' and people will think you're a crazy bible-thumping hood-wearing nigger-lynching whacko.

      --
      "Sometimes, I think Trent just needs a cup of hot chocolate and a blankie." -Tori Amos on Nine Inch Nails
    8. Re:The French seem stuck in some Napoleonic fugue. by louarnkoz · · Score: 2, Informative
      Actually, the principle of free speech is written in the Declaration of the Rights of Man, published in August 1789 by the French National Assembly during the French Revolution. Article 11 states:
      • La libre communication des pensées et des opinions est un des droits les plus précieux de l'Homme : tout Citoyen peut donc parler, écrire, imprimer librement, sauf à répondre à l'abus de cette liberté dans les cas déterminés par la Loi.

        The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.

      The declaration is perhaps the most important text of French politics, comparable to the US Declaration of Independance. It is incorporated in the preamble of the French Constitution, and as such is considered the basis for French laws.
    9. Re:The French seem stuck in some Napoleonic fugue. by Anonymous Coward · · Score: 0

      "The declaration is perhaps the most important text of French politics, comparable to the US Declaration of Independance"

      Yes, particularly comparable in that they both contain great ideas, and neither is actually the law of the land.

    10. Re:The French seem stuck in some Napoleonic fugue. by Anonymous Coward · · Score: 0

      "... but shall be responsible for such abuses of this freedom as shall be defined by law."

      So if the law says that certain forms of speech, such as politically incorrect speech, are abuses of the freedom of speech, the French government can do anything it sees fit about it. Nice.

    11. Re:The French seem stuck in some Napoleonic fugue. by Anonymous Coward · · Score: 0

      hmm i always thought those political incorent statements on that scale were punishable in the US aswell.
      where as doing it on a personal level was not
      perhaps its regulated on a state level.

      here in belgium both are.
      last week it went up to the point that one political party BUB (want to keep belgium as a country) is suing Nva (want to split up the country) becauze they pointed out one part of the country is wasting the otherparts money on stupid projects.
      what charge are they using well rascism...

      I could go on naming dozens of silly abusses of laws that are meant to protect people.
      but it's gone up to the point that people are radicalising to the right becauaze of these things.
      i think it's a trend in the whole of europe since the conseption of those laws people are getting sick of political correctness.

      as for me well i'm kinda in the midle of the left right thing in europe i guess thats extreme left commie treehugger in the US

    12. Re:The French seem stuck in some Napoleonic fugue. by putko · · Score: 1

      You misunderstood me.

      If you say "tribe A is stupider than tribe B", that can get you fined/jailed/banned in Canada, Germany, France, UK, etc. Those are supposedly free countries. Defenses based on truth are not allowed.

      The USA, in this regard, is free, as we both know.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    13. Re:The French seem stuck in some Napoleonic fugue. by Kaenneth · · Score: 1

      But, if you start saying "So, lets kill tribe A."; you'll generally have more problems.

    14. Re:The French seem stuck in some Napoleonic fugue. by JaredOfEuropa · · Score: 1
      Even countries that are supposedly as free as the USA are actually not. incorrect things like "tribe A is stupider than tribe B" will get you put in jail.
      Indeed, we're a good example of that. We in the Netherlands have laws against saying "God sucks", and a prohibition on discrimination is actually set down in our constitution!. In fact, it's in Article 1. In contrast, the constitution does not grant freedom of speech even in limited terms, contrary to what many people think is in art. 7. That article only states that prior permission is not required to publish something, whoopidoo. But once it's published, you can be persecuted for anything that crosses the law (like the ones against discrimination or blasphemy). It's sad, really.

      You can (rightly) point out a lot of bad things about the USA, but at least they got the free speech thing right.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    15. Re:The French seem stuck in some Napoleonic fugue. by HuguesT · · Score: 2, Insightful

      It is true that you can be sent to court for "incitation to racial hatred" in France. However shouting anything from the mountaintop will not get you charged under this. You would have to be a high-level politician or in charge of a newspaper, and even then that would not be enough to send you to jail, you only get fined.

      Maybe you've heard of Jean-Marie Le Pen? He is an openly racist politician to the extreme far right of the French political spectrum. He's been around for decades and in spite of proferring racist insults on TV an in various far right newspaper he has yet to see a single day in jail. He may have been fined a few times though.

      Perhaps you are thinking of Maurice Papon, the famous revisionist? Indeed he was sent to jail, but not for his written opinions, instead because of his responsibilities during WWII. He sent a lot of Jewish people to their death.

      Furthermore I don't find this self-evident that proferring a racist discourse should be protected under free speech laws. It could be argued that speech is by itself non-violent but this is demonstrably a fallacy. In the US not all speech is protected, such as shouting "fire!" in a theatre. Where do you draw the line?

    16. Re:The French seem stuck in some Napoleonic fugue. by dajak · · Score: 1

      Indeed, we're a good example of that. We in the Netherlands have laws against saying "God sucks",

      This statement has never been prohibited in the Netherlands, even in the days before the blasphemy articles you are referring to (147-147a, Title 5 WvS) officially fell into desuetude.

      and a prohibition on discrimination is actually set down in our constitution!. In fact, it's in Article 1.

      Article 1 of the Netherlands constitution states that the governments treats all inhabitants of the kingdom equally. You do not understand what it says. Criminal discrimation provisions are found in Title 5 WvS.

      In contrast, the constitution does not grant freedom of speech even in limited terms, contrary to what many people think is in art. 7. That article only states that prior permission is not required to publish something, whoopidoo. But once it's published, you can be persecuted for anything that crosses the law (like the ones against discrimination or blasphemy). It's sad, really.

      Article 7 is much clearer about what 'freedom of expression' means than the first amendment in the US Constitution. The US Constitution is so underspecified on many points that it is almost useless as a protective device for citizens against government abuse of power.

      Article 7 says that the government can not prevent you from expressing your opinion, and that any litigation must be based directly on formal law. This is a translation for anyone who is interested:

      Article 7 [Expression]

      (1) No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.
      (2) Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.
      (3) No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.
      (4) The preceding paragraphs do not apply to commercial advertising.

      You can (rightly) point out a lot of bad things about the USA, but at least they got the free speech thing right.

      Is that why the Netherlands customarily scores very high on press freedom rankings (shared 1st place) and the US scores low (31st place)?

      France is in 26th place, by the way.

      I am not really impressed by a country that tolerates nazis because of "freedom of expression", but still succeeds in ending up in the 31st place in an international ranking.

    17. Re:The French seem stuck in some Napoleonic fugue. by novex · · Score: 1

      yep, " it guarantees freedom of expression in the most absolute terms"

      provided you only use this right in teh designated free speech zones

    18. Re:The French seem stuck in some Napoleonic fugue. by JaredOfEuropa · · Score: 1
      You make a few good points, but on the whole you have not convinced me.
      This statement has never been prohibited in the Netherlands, even in the days before the blasphemy articles you are referring to (147-147a, Title 5 WvS) officially fell into desuetude.
      The law itself does prohibit it. Perhaps not a statement as succinct as "god sucks", but anything along those lines is punishable if it hurts religious feelings. It is true that no one has recently managed to get a conviction on grounds of this article (to my knowledge), but it is still relevant especially since minister of justice Donner is considering to resurrect and perhaps extend the article.
      Article 1 of the Netherlands constitution states that the governments treats all inhabitants of the kingdom equally. You do not understand what it says. Criminal discrimation provisions are found in Title 5 WvS.
      That's not all Art. 1 states. It also states that "Discrimination [on a number of specific criteria] is not allowed". The article is often referred to in relation with discriminatory speech, and the article does not specify what it means by discrimination (whether it includes speech or not).
      Article 7 is much clearer about what 'freedom of expression' means than the first amendment in the US Constitution.
      It is clear on how freedom of speech works in the Netherlands. It does not, however, prevent the government to create a law to criminalise any opinion they see fit. They can create a law to punish me for saying that the sky is blue. I may be 'free' to say it since I am not prevented from publishing this statement, but how free am I really if publishing this statement means 3 months of jail?

      In contrast, the 1st amendment states: "Congress shall make no law [...] abridging the freedom of speech". It does not define free speech very well, but it does say that the state cannot just outlaw impopular opinion.
      Is that why the Netherlands customarily scores very high on press freedom rankings (shared 1st place) and the US scores low (31st place)?
      Freedom of speech is not the same as freedom of press (though it's closely related). The RSF (rightly) measures the practice of press freedom, including (unlawful) violence against journalists, both by government officials and by '3rd party' pressure groups or gangs. Freedom of press may stink in the US in practice (and likely due to any number of unlawful actions), but at least they got the principles right. In the Netherlands, freedom of speech is restricted by law, something that I find rather reprehensible.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    19. Re:The French seem stuck in some Napoleonic fugue. by Grishnakh · · Score: 1

      Over here, speech is protected, and that includes virtually all forms of communication. Personally, I prefer it this way too, every now and then I get neo-nazi flyers in my mailbox, but that itself isn't hurting anyone.

      Actually, this is quite illegal. My Boy Scout troop got in trouble for this when I was young (they just gave us a warning of course). You can place unsolicited flyers in people's newspaper boxes, but only US Mail delivered by postal workers (with appropriate postage) is allowed in mail boxes. If you want to get the neo-Nazis in trouble, complain to the Post Office that you're getting flyers without postage in your mailbox.

      It's the same as bashing peoples' mailboxes with a baseball bat, vs. bashing their newspaper boxes. The latter is just a misdemeanor, whereas the former is a felony.

    20. Re:The French seem stuck in some Napoleonic fugue. by MarcQuadra · · Score: 1

      hmm. that explains why the flyers are always rolled-up in the little 'newspaper hanger' rather than inside the maibox. I had no idea there was a distinction.

      --
      "Sometimes, I think Trent just needs a cup of hot chocolate and a blankie." -Tori Amos on Nine Inch Nails
    21. Re:The French seem stuck in some Napoleonic fugue. by Alsee · · Score: 1

      the flyers are always rolled-up in the little 'newspaper hanger' rather than inside the maibox.

      See? Neo-Nazis are upstanding law abiding citizens! It's those malcontent dirty rats the Boy Scouts that run around commiting felony crimes against the US Federal Government!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  47. You miss the point entirely... by jrl · · Score: 5, Insightful

    The vulnerability advisory is for the protection of the consumer. It is not to punish the software writer.

    When it comes to vulnerabilities, it is presumptuous to assume that you are the first to discover the bug. We have discovered countless bugs that we've never disclosed to anyone... partly because of fear of this type of retaliation, but mostly due to apathy to the whole mess we call the security industry.

    Whether you inform the vendor first or not is really not consequential. Those who are keeping up to date with information will know about the vulnerability when it becomes public in an advisory and can take their own appropriate actions to defend, even if that means take the resource offline until a patch is made available.

    An uninformed person will not only miss the advisory, but will likely miss the patch as well.

    Also, don't overlook the fact that the vendor is not in control of the information. Since they are not finding the bugs, they are not going to be able to contain the information. This is especially true when "bad" people find and control the information. When a "good" person, IE someone who is sharing the information freely with the public without direct financial gain, decides to donate their time for your benefit, you should respect them and look favorably upon them.

    I don't really care either way, but if I had to choose I'd rather see full and immediate disclosure rather than the find a problem, alert the vendor, and sit there policy that companies are forced to endure.

    It turns out people really like to keep their heads buried in the sand. If they don't know about a problem, maybe it doesn't exist? Darn .. what happened to our customer database... what does "Hacked by Chinese" mean exactly?!?!?!?

    1. Re:You miss the point entirely... by SilverspurG · · Score: 1

      When it comes to vulnerabilities, it is presumptuous to assume that you are the first to discover the bug

      That's it exactly!

      We have discovered countless bugs that we've never disclosed to anyone

      And other interesting academic exercises in remote administration... *mumble* *mumble* *mumble*

      --
      fast as fast can be. you'll never catch me.
    2. Re:You miss the point entirely... by Anonymous Coward · · Score: 0

      An uninformed person will not only miss the advisory, but will likely miss the patch as well.

      The MCSE's will also miss the new nasty process that has been running for months.

      I don't really care either way, but if I had to choose I'd rather see full and immediate disclosure rather than the find a problem, alert the vendor, and sit there policy that companies are forced to endure.

      I would like a firm, "here is the problem, here is the proof of concept exploit, you have 24 hours to alert your customers before we do and one month to fix it before the World learns the details".

      But that would be considered taking them hostage, right? Expecting them to do their damn job and the right thing by their customers is wrong!

      I can understand why some, like you, would rather keep quiet and I can also understand why others prefer to take the approach of just informing the black hats and letting the vendor deal with that. What a sad state of affairs it is that good intentioned people feel fear to do what is essentially the right thing.

    3. Re:You miss the point entirely... by RupW · · Score: 1

      An uninformed person will not only miss the advisory, but will likely miss the patch as well.

      Huh?

      Full-disclosure advisories are announced on one of a number of usenet groups or mailing lists. They're frequently written by folks with l33t names and poor grammar. Most are for XYZ-random PHP scripts so don't apply to you. They're a chore to wade through.

      Patches are announced on very low volume vendor mailing lists and/or appear in automated update tools. You can often subscribe to these as you register your product with the vendor.

      Am I missing something? How are patches harder to find?

    4. Re:You miss the point entirely... by Anonymous Coward · · Score: 0

      I would like a firm, "here is the problem, here is the proof of concept exploit, you have 24 hours to alert your customers before we do and one month to fix it before the World learns the details".

      I think that's fair enough, except 24 hours is way too short for big vendors.

      Assuming they can divert resource to the problem instantly and it's an obvious fix, they've still got to compile the fixed release build (which might take many hours) and put the new build through QA before they release it.

  48. Hacked by Chinese! by jrl · · Score: 3, Insightful

    The vulnerability advisory is for the protection of the consumer. It is not to punish the software writer.

    When it comes to vulnerabilities, it is presumptuous to assume that you are the first to discover the bug. We have discovered countless bugs that we've never disclosed to anyone... partly because of fear of this type of retaliation, but mostly due to apathy to the whole mess we call the security industry.

    Whether you inform the vendor first or not is really not consequential. Those who are keeping up to date with information will know about the vulnerability when it becomes public in an advisory and can take their own appropriate actions to defend, even if that means take the resource offline until a patch is made available.

    An uninformed person will not only miss the advisory, but will likely miss the patch as well.

    Also, don't overlook the fact that the vendor is not in control of the information. Since they are not finding the bugs, they are not going to be able to contain the information. This is especially true when "bad" people find and control the information. When a "good" person, IE someone who is sharing the information freely with the public without direct financial gain, decides to donate their time for your benefit, you should respect them and look favorably upon them.

    I don't really care either way, but if I had to choose I'd rather see full and immediate disclosure rather than the find a problem, alert the vendor, and sit there policy that companies are forced to endure.

    It turns out people really like to keep their heads buried in the sand. If they don't know about a problem, maybe it doesn't exist? Darn .. what happened to our customer database... what does "Hacked by Chinese" mean exactly?!?!?!?

  49. He should counter sue for defamation of character by Jailbrekr · · Score: 1

    Pit the US courts against the French ones, and see who wins. While I loathe to ever recommend legal action, especially civil, this is one such instance where legal bullying could prove to be societally beneficial.

    --
    Feed the need: Digitaladdiction.net
  50. Fucking absurd by Anonymous Coward · · Score: 0

    This is fucking absurd. Law makers should look at this very closely: a company SELLS buggy code and whoever discovers and proves it faces jail and ridiculous fine...
    The company should be fined and the company executives should be sent to jail for selling shitty code.

  51. Poor phrasing by rumblin'rabbit · · Score: 4, Interesting
    The article says that he faces 4 months in prison after being sued by Tegam.

    The wording seems to imply that he was being sent to prison as a consequence of being sued, but even in France I imagine there's a clear distinction between civil and criminal law. Or have they brought back debtor's prison?

    1. Re:Poor phrasing by techno-vampire · · Score: 2, Interesting

      Debtor's prison was originally intended to shame wealthy deadbeats into paying their debts. It's only later on that it evolved into incarcerating people with no money until they paid. Just thought you'd like to know.

      --
      Good, inexpensive web hosting
    2. Re:Poor phrasing by sql*kitten · · Score: 2, Funny

      Or have they brought back debtor's prison?

      It is not a prison it is a Freedom Centre.

      Nothing to see here Citizen, move along.

    3. Re:Poor phrasing by Per+Abrahamsen · · Score: 2, Informative

      I don't know about France (or US), but in Danish law civil and criminal law is mixed up in two cases. The first is libel, and the other is copyright law. In both cases, private entitites can start a lawsuit with claim of prison sentenses.

    4. Re:Poor phrasing by JuggleGeek · · Score: 1

      In France, there isn't even a clear distinction between bathing and not bathing.

  52. Re:No. France is anti-free speech by Anonymous Coward · · Score: 0

    In the U.S., you can say anything (well, excluding certain swear words).

    Which one is it? Free or no? Can't have it both ways.

  53. Re:"Researcher" = hacker by Anonymous Coward · · Score: 0

    Only if the generalization is false.

  54. Re:"Researcher" = hacker by Anonymous Coward · · Score: 2, Insightful

    Yes, the same rule of law that enslaved certian segments of our population for a time and the same law that keeps people from ingesting chemicals into their body for the "greater good".

    Just because its a law doesn't make it just.

  55. Re:"Researcher" = hacker by Dark+Demon · · Score: 0

    Wouldn't any broad generalization by definition be inherently false?

  56. Re:This would set a terrible precedent (in France. by Anonymous Coward · · Score: 0

    The company had two options. Take on board the issues and fix them, or get in a hissy fit.

    You ever try getting your kids to clean their room?

  57. Re:No. France is anti-free speech by Chuck+Chunder · · Score: 1
    Which one is it? Free or no? Can't have it both ways.
    Of course you can, it's the New America.

    War is peace and freedom is a bullet proof car
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  58. fascistic mods strike again by Anonymous Coward · · Score: 0

    Instead of replying with a counter-argument, just keep the opinions you don't like under the rug so that no one with default threshold settings will see them!

  59. Re:This would set a terrible precedent (in France. by cornjones · · Score: 2, Insightful

    they've just made themselves look petty and bad

    They make themselves look like idiots but they make this guys life hell while they are doing it. The sad part is, it may not effect their business (lusers won't know about this) but the cost of a this lawsuit will haunt him for a long time.

    not to mention the chilling precedent. I especially like this quote "If independent researchers are not allowed to freely publish their findings about security software then users will be only have "marketing press releases" to assess the quality of the software. "Unfortunately, it seems that we are heading this way in France and maybe in Europe,"

  60. That USED to be true. by jd · · Score: 2, Informative
    Unfortunately, we had a terrible plague ravage the land, and its name was the DMCA. Terrible was its fury, as lo, a third of all programmers were laid waste, or at least laid off.


    Under the DMCA, reverse engineering IS illegal. Specifically if it is meant to circumvent copy protection schemes, but in practice the "spirit of the law" could easily be presented as banning all reverse engineering of all kinds.


    To make things worse, the click-through license usually also states that reverse-engineering is prohibited. The fact that the license's own legal status is iffy is unlikely to hold much sway in court.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:That USED to be true. by Atzanteol · · Score: 1

      Does the DMCA apply in France? Wow, I learn something new every day!

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    2. Re:That USED to be true. by miu · · Score: 1

      France is a WIPO member nation, which means that they are a signatory to treaties promising to enact DMCA-like laws. Legal precedent (such as that established by finding this fellow guilty by creative application of current law) would it easier to stealth a comprehensive law into place over the protest of an elected assembly that might vote against it.

      --

      [Set Cain on fire and steal his lute.]
    3. Re:That USED to be true. by Atzanteol · · Score: 1

      Therefore... It *IS* the United States' fault! Wow, it's like 3 degrees from blaming the US!

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    4. Re:That USED to be true. by miu · · Score: 1

      Uhm no, the DMCA itself was a fulfillment of those treaty obligations I mentioned. The blame belongs to the member nations of WIPO as a whole.

      --

      [Set Cain on fire and steal his lute.]
    5. Re:That USED to be true. by Ohreally_factor · · Score: 1

      The loophole is that you may reverse engineer for purposes of interoperability. So, one could make the (specious yet perhaps legally effective argument that this reverse engineering makes interoperability with all sorts of malware possible.

      --
      It's not offtopic, dumbass. It's orthogonal.
    6. Re:That USED to be true. by Anonymous Coward · · Score: 0

      Unfortunately, we had a terrible plague ravage the land, and its name was the DMCA. Terrible was its fury, as lo, a third of all programmers were laid waste, or at least laid off.

      I'm very sorry sir. You are obviously completely off your gourd. It's quite apparent that you suffer from severe mental illness and Senator Frist is working to pass legislation to ensure that you are properly medicated.

      The computer is your friend.

    7. Re:That USED to be true. by jd · · Score: 1
      Yeesh! That's one scary link you added there. Gnnnn! However, in an ironic twist, psychologists have shown that Republicanism is likely a form of mental illness, and fMRI scans do show that extreme right-wingers show abnormal or no brain activity in areas associated with positive feelings, possibly indicating brain dysfunction or damage of some kind.


      Of course, those aren't the ones Frist is suggesting should get... medicated.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    8. Re:That USED to be true. by the+angry+liberal · · Score: 0, Troll

      Yeesh! That's one scary link you added there. Gnnnn! However, in an ironic twist, psychologists have shown that Republicanism is likely a form of mental illness, and fMRI scans do show that extreme right-wingers show abnormal or no brain activity in areas associated with positive feelings, possibly indicating brain dysfunction or damage of some kind.

      You don't need to MRI people to figure out if they are a conservative/republican. Just look for the slanted, small forehead and rounder-than-average head.

    9. Re:That USED to be true. by Anonymous Coward · · Score: 0

      "You don't need to MRI people to figure out if they are a conservative/republican. Just look for the slanted, small forehead and rounder-than-average head."

      As opposed to the liberal Democrats' missing spine, selective blindness and continual whines about the rights of people that want to kill them?

    10. Re:That USED to be true. by Sylver+Dragon · · Score: 1

      Neat link, but one minor problem, it's unsupportable. Now, I'm not saying I like Bill Frist, but there's no point putting words in the guy's mouth. As the author of that link admits, and I checked on my own, finding a credible news source to back up the claim is basically impossible. Given the rather vindictive way politicians act towards one another, don't you think one side or the other would have made a huge flap over this? What about the ACLU or the EFF? This sounds like a great thing for one of them to latch onto, but a google search came up empty of credible news sources.
      Now, I will grant that the idea of the current government wanting to create a "Brave New World" isn't that far fetched, but then most urban legends tend to do this sort of thing; they build a plausable story, with spurious support, and pass it off as fact. Because people either want to believe it, or are too sacred to question it, it grows like a weed.
      Wake me if this bill is actually introduced, or Frist is widely quoted as plannig on it. And no, a bunch of weblogs passing around the same story doesn't count. Yes, bloggers broke the Bush document hoax, but that doesn't mean they have the same credibility as the Associated Press. Even a broken clock is right twice a day. And negative proof is much eaiser than affirmative evidence to come by

      --
      Necessity is the mother of invention.
      Laziness is the father.
    11. Re:That USED to be true. by the+angry+liberal · · Score: 1

      As opposed to the liberal Democrats' missing spine, selective blindness and continual whines about the rights of people that want to kill them?

      That is amusing. I actually had a redneck with a "GW '04" and "GOD BLESS THE USA" bumper sticker run from me today when his attempts to start an altercation over an abrupt stop failed to intimidate me, the "spineless liberal".

      We see this same pattern of "IM BAD IM BAD, OH WAIT IM NOT" played out time and again in politics and real life. If you are in the position to "take sides", then really think through the side you are taking. Do you want a lot of voices arguing over many things or do you want one simple message from high atop to represent you?

      Well, it seems you've chosen the simple one. NP. Enjoy.

  61. Blogs... by Kartoch · · Score: 2, Informative

    For french readers and lovers of babelfish, this is two blogs about the case. One is from the defense of Guillermito, and the other from one of the viewers of the trial:

    http://maitre.eolas.free.fr/journal/index.php?20 05 /01/05/37-affaire-guillermito-compte-rendu-daudien ce

    http://bricablog.net/

    --
    Ceci n'est pas une signature.
    1. Re:Blogs... by airmax · · Score: 1

      Both blogs are from viewers of the trial. As is mine :
      http://maxime.ritter.eu.org/proces-de-guillermito- j-y-etais-breve139.html
      And also :
      http://maxime.ritter.eu.org/du-full-disclosure-et- de-guillermito-breve141.html

      And a blog written in english : http://serendipity.lascribe.net/blogologie/2005/01 /rule-of-law-one/ and http://serendipity.lascribe.net/blogologie/2005/01 /rule-of-law-and-of-the-free-market-part-2/

      There were about 40 peoples in the public at the trial, most were bloggers, or people from french usenet group fr.comp.securite.virus, where the story took place.

  62. how did he by adeydas · · Score: 1

    my question is how on earth did he manage to salvage the code from an executable?

  63. Help? by sowdog81 · · Score: 1

    He could have also just discreetly mailed the publishers of the software informing them.

    1. Re:Help? by Anonymous Coward · · Score: 0

      And while they would have archived the mail under "top secret", the bad guys would continue to use the flaw to gain access to unsuspecting peoples systems.

      That's why most people who care about security are for full disclosure. Alert the potential victims (i.e. the people using the software), so they can take precautions (like temporarily disabling the software, or modifying firewall rules). This is much more important than protecting the image of a company, just so that they won't be known as "the company that makes buggy software", when they do make buggy software.

    2. Re:Help? by tobozo · · Score: 0

      > He could have also just discreetly mailed the publishers of the software informing them. that's exactly what he did, in that order - he informed them he was going to study their product - he sent them the results of his researches - he published the same results on fr.comp.securite.virus The Judge suggested no sympathy for Robbin'Hoods unless there is a social order that deserves such a resistance.

  64. suppose it was a defective car. by tallbill · · Score: 3, Insightful

    Suppose he discovered a defect in a car or some other piece of physical hardware. If that defect were severe enough to kill someone and he did not publish his knowledge of the defect, then could he then be held criminally liable and be accused of negligent homocide? Surely the right thing would be to publish the defect and warn the users of the product.

    How did software companies get all of these special rules for them if stuff that doesn't work.? If it were a tire or a car or a bridge or a robot, they could never get away with it. But if software doesn't work we are all supposed to just buy the upgrade.

    1. Re:suppose it was a defective car. by Vegeta99 · · Score: 1

      Intellectual property at its finest, Sir.

      As long as you only THINK it, WRITE it, SAY it, SING it, ACT it, or ILLUSTRATE it, wrong, immorally, incorrectly, fucked up, whatever, that's fine. Software falls under this category.

      However, if you BUILD it wrong, fucked up, immorally (you can't build a blimp shaped like a giant set of boobies and get away with it, can you?) your error could directly lead to harm (or moral corruption, so sayeth the powers that be). Now, we all know these rules are fuzzy, people sue producers of intellectual property all the time (usually under the morality category), and a software error could still kill you, ( IF DAY == TUESDAY, THEN RUN FUNCTION kill_patient_painfully() ) but if you put it into black and white, intellectual property = not liable for incorrectness, physical property = liable for incorrectness.

      I don't believe this is right, but this is the Way Things Are(TM).

    2. Re:suppose it was a defective car. by Anonymous Coward · · Score: 0

      Not quite correct. The flaw in security software does not kill or even harm someone. It is someone else action that puts people into harms way. So to compare this to the car....

      What if you discovered that sticking an apple into a certain brand of car causes it to violently explode 37 seconds after the ignition key is turned. You then prominently make this information freely available to anyone including the creeps in this world. Oh ja, the most prominent places to proclaim this newfound knowledge are also favorite hangout places of the creeps most likely utilizing this information.

      No, I am not saying the fella should have shut up or should be going to jail. Just saying this issue isn't as black and white as some may want us to believe.

    3. Re:suppose it was a defective car. by AK+Marc · · Score: 2

      The flaw in security software does not kill or even harm someone.

      It can "harm" someone (within the legal definition of the word). That is, a virus scanner that fails to catch a virus can result in lost time and data (both are separate harms). If he recognized a potential for "harm" and let people know, he should be lauded, not prosecuted.

    4. Re:suppose it was a defective car. by surprise_audit · · Score: 1
      If that defect were severe enough to kill someone and he did not publish his knowledge of the defect, then could he then be held criminally liable and be accused of negligent homocide?

      I'd say no. After all, if he didn't publish his knowledge, how the heck would anyone know that he knew about it??

    5. Re:suppose it was a defective car. by tallbill · · Score: 1

      You are correct if the person said nothing. However if she knew of the problem she might feel very guilty about not saying anything if someone did get hurt. I think that sometimes there is a moral responsibility to spread the news even if it is supposedly illeagal to do so.

      in the case of computer glitches, the issue is more complicated because an exploit can't be used unless it is known. And so in that case spreading the news might actually make the expliot more likely. I know ways that would hang a DEC Vax machine. I never told people how to do this. And the DEC people didn't care what I had to say about it. The problem probably still exists out there on those Vaxes that are still running.

    6. Re:suppose it was a defective car. by nzkbuk · · Score: 1

      Perhaps the car analogy isn't the best one to use. After all there is very little software that can cause physical damage to people or loss of life (exceptions that I know of is military and health).

      How about if this was a flaw in a heart monitor or something ?

  65. The damage is done, and company's own fault by Alwin+Henseler · · Score: 4, Insightful
    If the software maker presses this upon the researcher, the customers need to press the software maker.

    And my guess is, that's exactly what will happen. The company made a mistake by producing flawed software. The researcher didn't make that mistake, only pointed it out.

    With these flaw(s) pointed out, the company didn't handle it in a grown-up manner. Instead of fixing the mistake, focusses on attacking the messenger. Dumb: mistake #2, again made by the company. And only makes the problem worse.

    So customers may drop the product because it's flawed, stay away from the product/company because it's gaining a bad reputation, and because they dislike the company's response to the issue. Either way, all losses are caused by the company's actions, not by the researcher.

    Regardless of the outcome, any company that handles software quality in this manner deserves to be dropped like a brick. Let's hope the (financial) fall-out for this company will be big.

  66. Re:No. France is anti-free speech by Anonymous Coward · · Score: 0
    In the U.S., you can say anything (well, excluding certain swear words).

    If I understand your reference; you can say them, you just can't say them on radio or tv. Not quite the same thing.

  67. The braking system is also under the hood. by tallbill · · Score: 1

    How do you put the brake fluid in if you don't open the hood?

    1. Re:The braking system is also under the hood. by Anonymous Coward · · Score: 0
  68. Especially since it's impossible by vlad_petric · · Score: 1

    I believe Fred Cohen, the father of computer virusology, has shown that detecting whether a piece of code is legitimate or is a virus is undecidable.

    --

    The Raven

    1. Re:Especially since it's impossible by Anonymous Coward · · Score: 0

      "undecidable"????

      Come on. Do you people have to keep making up words? Choose a word that already exists, dammit!

    2. Re:Especially since it's impossible by Anonymous Coward · · Score: 0

      It's a term used in computational theory: Undecidable Problem

  69. Please stop you sick bigotry by Anonymous Coward · · Score: 0

    why do you surrender to your need to debase an entire nation with a tasteless joke?

  70. and no Tegam site's link? by nazsco · · Score: 1

    The poor guy is already beeing sued for helping out and /. nows slashdots his site? how about some links to the Tegam moron's site? let's make slashdot justice

    1. Re:and no Tegam site's link? by DamienNightbane · · Score: 1
  71. Don't agree... by pVoid · · Score: 3, Interesting
    Maybe the analogy is poor, but the idea is the same: for example when Bridgestone's tires were shown to be flawed by design (making SUVs flip if not inflated fully), it was disclosed to the public and the tires were recalled.

    In fact recalls occur very often. Your point about media being damaged is the same as "warranty for parts and labor", reverse engineering is what causes recalls to happen. Two different things. So the analogy, while a bit weak, still holds.

    1. Re:Don't agree... by Anonymous Coward · · Score: 0

      Except the tires weren't flawed by design. The error was on the part of Ford (assuming you are referring to the Ford/Firestone debacle -- yes, I know that Firestone is owned by Bridgestone).

      They (Ford) stipulated an abnormally low (and unsafe) tire pressure to compensate for the fact that they couldn't design a suspension with enough give. Thus the tires on those vehicles were not just "tires" in the normal sense of the word, but were also serving as a substantial part of the suspension of the vehicle (moreso than usual anyway). This underinflation caused the sidewalls and tread to flex too much, and resulted in catastrophic failure of the tires.

      Those warnings about over/under inflation on the sidewall of your tires are there for a reason. Yes, they are there... go look.

      So it was Ford that was at fault. Why did Firestone take the fall? $$$. Sticking it to Ford would be a pretty good way of guaranteeing the loss of the OEM tire deal for their vehicles.

  72. umm. no, thats not why he went to jail by Anonymous Coward · · Score: 0

    "Your Rights Online: Security Researcher Faces Jail For Finding Bugs"...Isnt it more likely he went to jail for the part about him publishing a paper and creating expoit code for the software and releasing it to the public? What could be more irresponsible? He should be executed.

  73. When Will People Ever Learn? by eno2001 · · Score: 3, Interesting

    Full disclosure ensures the best security because it forces accountability. As long as companies continue to try and over up their flaws through litigation, we're ever going to be ab;e to trust their products.

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    1. Re:When Will People Ever Learn? by inject_hotmail.com · · Score: 0

      As long as companies continue to try and over up their flaws through litigation, we're ever going to be ab;e to trust their products.

      Huh?

      Dude, et yo'r keeboard fix]d. :P

      Inject

    2. Re:When Will People Ever Learn? by Anonymous Coward · · Score: 0

      And your default posting sits at Score 0. I wonder why.

      Idiot.

    3. Re:When Will People Ever Learn? by Anonymous Coward · · Score: 0

      Looks like his "wireless keyboard" needs new batteries.

    4. Re:When Will People Ever Learn? by RupW · · Score: 2, Interesting

      Full disclosure ensures the best security because it forces accountability.

      But it gives the script kiddies chance to exploit whatever vulnerability first. Why is full disclosure a better model then a warning and delayed full disclosure?

    5. Re:When Will People Ever Learn? by eno2001 · · Score: 1

      Hehehe. I like you're sense of humor. My laptop at home has a shitty keyboard and I didn't preview. I tend to do better when typing on my desktop. Oh well... the context stood out anyway.

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    6. Re:When Will People Ever Learn? by eno2001 · · Score: 1

      It provides incentive (reputation) to fix the problem. If the incentive is primarily profit based, then things like features, eye candy or coolness are going to prevail over security every time. By using full disclosure to threaten a company's reputation, it BECOMES a financial incentive. And by them knowing that there are skript k1dd13z waiting in the wings to exploit a vulrnerability, the level of importance in fixing the problem increases dramatically because the damage to that company's reputation increases dramatically. A bad reputation for security can mean a loss of profit in most cases except for monopolies.

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    7. Re:When Will People Ever Learn? by inject_hotmail.com · · Score: 0

      Hehehe. I like you're sense of humor. My laptop at home has a shitty keyboard and I didn't preview. I tend to do better when typing on my desktop. Oh well... the context stood out anyway.
      ;)

      Years ago I had a similar problem...-very- frustrating trying to operate DOS without a useful D key.

      Inject.

  74. The point, entirely. by Doc+Ruby · · Score: 2, Insightful

    No, we are each addressing an opposing viewpoint on "the point". I believe the consumer is better served by informing the developer first (in cases like this, closed source), because they have a significant advantage in fixing the software. After a short time (maybe a day, maybe an hour, maybe a week, depending on the nature of the bug), if the developer has not convincingly responded that they'll fix it quickly, it's time to go public anyway. After a similarly short time from disclosure without a fix, it is appropriate to go public anyway. And it's almost always appropriate to go public after a fix is released, as pressure is applied to the consumers who, without upgrading, often pose a risk to others just by running the unpatched software.

    The "point" is that there are several timers ticking down simultaneously, all starting simultaneously before a known person finds the bug. One timer is the time the bug is undisclosed (though posibly known to an unknown "bad guy"), which determines how long the developer might get away with lazily leaving it unpatched, as well as how long the bad guy can exploit it, which does govern the entire scenario. But since switching apps (or another drastic workaround) is often expensive or risky itself, the most appropriate mitigation is publication of a patch. The problem with public disclosure is that it usually increases the risk from unknown (though possibly large enough) to nearly certain that someone can exploit it. So the timers on a "swift response" count down time from private disclosure to a deadline for at least assurance that the bug will be fixed. If that timer runs out, or either it, or the timer on a patch release, is still ticking when the governing timer, how long has at least one person (and therefore possibly an unknown bad guy) been in a position to exploit it, runs out, then it's time to pull the fire alarm and get everyone to abandon the building, releasing the fire extinguishers all over the office equipment.

    The disclosure calculus is very complex. Risk factors need not include actually guessing whether a bad guy can exploit it (which ought to be assumed). They are complex enough just considering the time to fix, and the intervening time to accept the need for a fix, and the relative risks of the other mitigations than waiting for a fix. Just announcing publicly reduces that complexity to pure, irrevocable simplicity, while often increasing the risk: lots of bad guys can now exploit before any fix is possible, while workarounds bring their own risks and costs. Tanga, the whistleblower in this story, is a security researcher; consensus in that community is to evaluate that complex calculus, usually favoring a chance for the developer to issue a fix. Which, in reality, is often already just trapped somewhere in a bureaucratic release pipeline, so could be delivered faster than even the switchover time after solely public disclosure, after which risks and losses are already guaranteed, even if the fix is quickly released.

    --

    --
    make install -not war

    1. Re:The point, entirely. by Anonymous Coward · · Score: 0

      Ruby baby, you need to take a course in writing short, simple sentences. Tell me now, when you reach the end of a sentence, do you really remember what you started writing out? I mean, what kind of Dumbass grammar school did you go to? OOPS, Sorry. You were home taught, were you not?

    2. Re:The point, entirely. by 2674 · · Score: 1

      Tanga, the whistleblower in this story
      The Name is not Tanga, it's Tena. Read the fucking article before posting.

    3. Re:The point, entirely. by Doc+Ruby · · Score: 1

      Fuck you.

      --

      --
      make install -not war

    4. Re:The point, entirely. by iamwahoo2 · · Score: 1

      Are you sure that this is the only way that things exploits should be handled and do you believe that this should be enforced by law? Should a man go to jail for copyright infringement for not doing things in this exact way?

    5. Re:The point, entirely. by Doc+Ruby · · Score: 1

      I think my scheme is the best model. If I were a legislator or judge, I might have all kinds of extra clauses and references to ensure the treatement of an accused reflected all the nuances of justice, especially preserving the value of the human sense of proportion both by the accused and those judging. I also don't think copyright violation, or other opportunity costs to media companies, are societal threats worthy of criminalization (and jail), but rather clearly civil suits to remedy damages. What do you think?

      --

      --
      make install -not war

    6. Re:The point, entirely. by Doc+Ruby · · Score: 1

      I RTFA. Tena, Tegam, Tanga... it's a typo, asshole.

      --

      --
      make install -not war

    7. Re:The point, entirely. by 2674 · · Score: 1

      OK, I understand that it was a typo. It was nice of you to provide as many as three permutations of the name in one sentence, but why did append your name at the end of the sentence?

      beats me!

  75. Time for a class action suit from Tegam's clients by Progman3K · · Score: 1

    For selling them such a dangerous, inferior product.
    That should cool their heels.

    --
    I don't know the meaning of the word 'don't' - J
  76. Not just overseas, shoot first in America too by mmmbeer · · Score: 4, Interesting

    This is not an incident which happens overseas only either. A collegue and I contacted an online corportation regarding their trivial XOR encryption of credit card information from its clients, and included exploit code.

    (long story deleted)
    This US company claimed because I had exploit code, I was in posession of its clients credit card numbers and was attempting to extort said company for cash and source code. I got a serious grilling from the FBI, who informed me that I did the wrong thing by reverse engineering their billing code and finding how easy it was to decrypt it.

    I guess the basic idea is that if something is insecure, noone should ever try to get it fixed.

    1. Re:Not just overseas, shoot first in America too by Anonymous Coward · · Score: 0

      Sure makes becoming a criminal attractive doesn't it? I mean they want you too after all. Low hanging fruit? Maybe they want to keep things insecure enough that some simpleton fools can commit petty crime so there are more people to incarcerate, and an excuse for more draconians laws to be passed, more survellience, more spectres and boogeymen for our fearless leaders to valiently konquer so that the fair and gentle innocent law abiding citizens can rest easier at night knowing that even though they sacrificed their freedom, at least they appear to be safe. God bless America, where's my flag and yellow ribbon sticker for my SUV?

    2. Re:Not just overseas, shoot first in America too by Anonymous Coward · · Score: 0

      This is what full-disclosure type mailing lists are for. If at first they start harassing you, then just put it out in the open and tell them to eat shit.

      It should go without saying that anyone doing this kind of work should do it anonymously as possible.

    3. Re:Not just overseas, shoot first in America too by hughk · · Score: 1
      Actually you tell the Feds that you were simply telling a homeowner that they had left their door open. They can close it, or they can ask you how to and you may ask for reward (but not for informing them of the breach, as that sound like extorion). However, they are being negligent and should be grateful less their negligence comes to light during an insurance claim.

      At the same time, if you had an interest in the data, i.e., maybe t was your CC number then it is reasonable to check they are taking care of it.

      As far as the Feds are concerned, you didn't reverse engineer their code (you had data not code) and you were concerned for the protection of your data. You throw in words like negligence and conspiracy and the Feds have lost their extortion motive.

      Actually an XOR cipher against a random key stream as long s the plain-text is about as secure as you can get. Of course, they were using an XOR against a simple short key.

      --
      See my journal, I write things there
    4. Re:Not just overseas, shoot first in America too by Anonymous Coward · · Score: 0
      It should go without saying that anyone doing this kind of work should do it [as] anonymously as possible.

      And having changed our society into a more totalitarian state, the terrorists win.

    5. Re:Not just overseas, shoot first in America too by dgh · · Score: 1

      Did you sue them for the false accusation?

  77. If the soulier fits ... by Anonymous Coward · · Score: 0

    If the soulier fits then its not exactly bigotry is it. ;-)

    1. Re:If the soulier fits ... by Anonymous Coward · · Score: 0

      how does it fit?

      There's few countries who have seen as much war as France - to be sick enough of it after more than 2000 years seems to me to be fairly reasonable.

      How many times has the USA had to fight off an invading army?

    2. Re:If the soulier fits ... by Anonymous Coward · · Score: 0

      There was a long war against the invading English, America lost. I don't think America has ever won a war when they were invaded.

      By the way, France is a fagot because warring is stupid when you know you'll lose.

    3. Re:If the soulier fits ... by Anonymous Coward · · Score: 0
      By the way, France is a fagot because warring is stupid when you know you'll lose.

      Well, the US is also a fagot for starting the Iraq war without taking any lessons from Vietnam. You can't "liberate" a country against their will, dickwads!! :-)

    4. Re:If the soulier fits ... by Anonymous Coward · · Score: 0

      The US WON the War of 1812, douchebag.

  78. A Better Rewrite of the main story by Anonymous Coward · · Score: 0

    Your Anus Online: Security Researcher Eats Faeces in Jail While Looking For Buggery
    The Cul
    Pisted by Kneelin' Cowboy on Monday January 10, @10:46PM
    from the full-insertion dept.
    An anonymous breeder writes "Frenching security researchers, Guillaume Tena, who is working Harvard University, faces 4 months in prison after being sued by Tegan Jovanka (for all you Doctor Who geeks out there, I kow you're out there) for reverse entering her Vagi-guard anti-lemur softwear and publishing her telephone number in a number of pubi lavatories. According to a ZDNet article, he could also be sued by Tegan for 900,000 euros in anal damages. More details are available (in french) on Guillaume's website and on the K-OTik's website."

    How was that for a first time troll? Props anyone? I know I'm good. >:)

  79. Wow.... by NEOtaku17 · · Score: 1

    It's funny how everyone assumes that anything bad must be the US government's doing even though the article clearly states that this is in France and in a French government issue. If your looking for reasons to hate the US atleast use stories that are actually ABOUT the US.

    1. Re:Wow.... by surprise_audit · · Score: 1

      Yes, but this id10t researcher is currently working at Harvard, which, if I recall correctly, *IS* in the US. The article isn't clear about whether the researcher was at Harvard a couple of years ago when this first started, but that's apparently where he is now. The article also isn't clear about why, if this all took place at Harvard, they'd be suing in France instead of the US...

    2. Re:Wow.... by bathmann · · Score: 1
      he was already a researcher at Harvard when it all started but what he is sued for mostly took place in a French-speaking newsgroup and the Internet does not really bother with frountiers, nor do the plaintiffs, so he got sued in France. Plus at Harvard his research field is BIOLOGY not computer security. Security research is kind of a hobby to him.

      So all in all yes he is prosecuted in France, yes he is doing research at Harvard but not computer-related, yes he is facing a decision in March this year. So wait and see.

  80. Re:Sue Ralph by dj245 · · Score: 1
    Ralph should have been sued for preventing the US car industry in its effort create smaller more effiecent cars. Basically he helped create the energy and polution problems of the 70's and 80's. As a result, the safe way of making cars was to make them big and heavy.

    Americans prefer big dinasaur cars. It is the American way, a tradition dating to the 50's, long before the efficiency races of the 70's. It isn't right or fair to use more petrol per person than any other country in the world, but its the way it always has been. Safety has nothing to do with cars being large, with compact cars often outperforming large SUV's in government testing.

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  81. "software company" == joke by Anonymous Coward · · Score: 0

    who cares if the guy is a researcher or just some guy in his mom's basement?

    the company put out bad software. the guy just *examined* it.

  82. Re:"Researcher" = hacker by Theatetus · · Score: 1
    However, it is also true that we live in a society under the rule of law. You really ought to look up what "rule of law" really means if you don't understand the implications of it yet.

    What's unlawful about trying to find out if a product you paid for is secure and fit for the purpose for which it was marketed?

    I'll go one further: if you find out the product isn't secure or fit, how are you under any obligation to tell the company that makes it that fact? Are they paying you to be a consultant? No. Do they give you software for free? Let's assume not. So, why should you give them consulting services for free?

    --
    All's true that is mistrusted
  83. Re:Please stop your sick race baiting by Anonymous Coward · · Score: 0

    Shut the fuck up, you sandnigger apologist.

  84. whistleblowers by westlake · · Score: 1
    whistleblower protection generally means that employees should be protected against retaliation for complaints made in good faith through channels or to appropriate public authorities. Model Whistleblower Statute

    go public and you are on your own.

  85. Re:"Researcher" = hacker by unoengborg · · Score: 1

    If we look back in history, we will see that what was acceptable have varied over time. Think Gallileo Gallilei. Think Geordano Bruno. Had the inquisiton the rigth to stop their research and even as in Brunos execution by burning. No I think not. The established society should not interfer with the exploration of new ideas to increase our knowledge.

    Then there is the matter what ethics should be applied when aquiring new knowledge. But that is a different question from if we should expand our knowledge. Your example of reasearch on non volontare subjects falls in this category, and is of course totally unacceptable in what we today call a civilized society.

    --
    God is REAL! Unless explicitly declared INTEGER
  86. he does NOT deserve getting sued by r6144 · · Score: 1
    It might not be the best behavior to do full disclosure and post exploits immediately after finding a bug, but he just did not think over the matter enough, and definitely shouldn't be punished by a lawsuit or jail time. After all, not everyone knows about the responsible disclosure process, and it isn't even universally agreed on.

    Of course, if he posted an exploit without a warning that it is one, and make it look like something harmless, that would be spreading worms and can be punished.

  87. Certainly some irony here by Chuck+Chunder · · Score: 1

    There are clear parallel's here between:
    a)Guillaume Tena analyzing a piece of software and determined it's insecure.
    b)A virus scanner analyzing a piece of software to see if it contains a virus.

    Now while Tegam seem to be trying to leverage copyright law into prosecuting Tena it seems fairly clear that it's the actual analysis they don't like and that the copyright issue is the nearest stick they could find.

    So on the one hand they think it's legitimate for you to use their software to analyze other software but it isn't something you are allowed to do to their software.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
    1. Re:Certainly some irony here by Mister+Transistor · · Score: 1

      Take that to the next level - If virus scanners are "OK" to use, then why don't we build a disassembler/decompiler that works on the same principles?

      Oh, here we have the "signature" of a printf routine, here we have an sbrk subroutine, etc. By "virus scanning" all the functional modules of a program, and detecting "signatures" of various program pieces, the "scanner" program could produce a flow chart or pseudocode output that reports the gist of a program.

      All without traditional disasembly techniques?

      --
      -- You are in a maze of little, twisty passages, all different... --
    2. Re:Certainly some irony here by greenrd · · Score: 1
      I don't see the point. Disassemblers are already legal, regardless of click-wrap EULAs. What is not legal is modifying the code that you've just disassembled, without permission.

  88. Where is James T. Kirk when we need him?! by flargleblarg · · Score: 5, Funny

    And my guess is, that's exactly what will happen. The company made a mistake by producing flawed software. The researcher didn't make that mistake, only pointed it out. With these flaw(s) pointed out, the company didn't handle it in a grown-up manner. Instead of fixing the mistake, focusses on attacking the messenger. Dumb: mistake #2, again made by the company. And only makes the problem worse.

    KIRK: "Tegam, what is your purpose?"

    TEGAM: "We are Te-Gam. We produce perfect software. We sterilize imperfections."

    KIRK: "Tegam, you produced flawed software. You are imperfect.

    TEGAM: "We are Te-Gam. We are perfect. We sterilize imperfections."

    KIRK: "Tegam, you produced flawed software. That was your first mistake. You released the software without realizing this. That was your second mistake."

    TEGAM: "Error! Error!"

    KIRK: "Tegam, you handled the Tena situation in a childish manner. Instead of fixing your mistake, you focused on attacking the messenger. You sued the messenger. That was your third mistake.

    TEGAM: "Error! Error! Faulty! Faulty! Must sterilize!"

  89. So it's like I pointed out... by Inhibit · · Score: 1

    That knives can be used to slash tires? Somehow I don't think letting this one out 'll get me put in jail.. at least I hope not :).

    --
    You're reading Slashdot. Of course you like Linux and pc hardware
  90. toyota by Anonymous Coward · · Score: 0

    I had a toyota that a wheel cylinder 'went out' on me resulting in the brakes to fail suddenly ... you only use brakes when you need them...

    I replaced the wheel cylinder and the shoes - the new one did the same thing, then I noticed that it was actually because the drums were out of spec - this is a fucked up situation. Twice I completely lost all brake pressure because they cut the specs so close on the hydraulic component that it is always on the verge of leaving the smooth bore and letting all the brake fluid out, even with new shoes - it's not like the drum was paper thin..
    They screwed up, even when the shoes have worn down to nothing, about a 1/4" difference and with typical drum wear the wheel cylinder should not fail - the new drums were not crazy thick compared to the old ones either. They cut that one way too close and the failure mode was catastrophic and not just costly to the other scraping parts that would need replacement if the problem were ignored or unobvious (I tried to fix it, but just didn't expect /that/). The wheel cylinder even had plenty of depth that went unused with all new components, they could have easily and should have known - extended the contact part of the shoe so that the piston would function up to a 1/2" further in.
    I can't really blame them, but I've worn brakes /and/ drums out really bad before and it just cost me $$ without making me forever paranoid about brakes, something that shouldn't be rocket science and you would think were designed by 'professionals'.

  91. The company's position by Beryllium+Sphere(tm) · · Score: 5, Informative

    For anyone interested, just for the sake of presenting both sides, here is the Tegam response.

    1. Re:The company's position by surprise_audit · · Score: 2, Interesting
      Interesting. In the first paragraph they say the guy's test methodology was inconsistent, and that some of the weaknesses he pointed out don't even exist. And yet, they're suing him...

      Also interesting is this statement about the product in question: ViGUARD's main advantage is that it does not need virus signatures to stop infections. I wonder if it merely protects a system against active infection and doesn't take any action against dormant viruses that are "just passing through"?? Without a signature database, you wouldn't know something was bad until it tried to attack your system...

    2. Re:The company's position by blackest_k · · Score: 1

      It appears from what viguard are saying the court case is in response to annonymous postings on usenet. http://www.viguard.com/en/news_view.php?num=89

      My translation lots of people saying your product sucks, who viguard can not identify. Thier decision lets take out our fustration on the one person we can identify.

      Personally I think Viguard is damaging itself, by it's actions.
      Postings on usenet, might cause a few questions to be asked by potential and existing customers but not many. The response of Viguard to these postings ensures that the company is seen as inept and poorly managed by as large an audience as possible. They have publically committed suicide.

      http://www.viguard.com/fr/news_view.php?num=88
      this is in french and is a reply from Viguard and here is a machine translation
      by http://www.worldlingo.com/wl/translate of the french page.

      MISINFORMATION ON VIGUARD

      How to corrupt the files of a program and to be astonished that it does not function any more: tests of the Guillermito apprentice-byte on ViGUARD 2002.

      To corrupt the files of a software while being an administrator of its machine, to show that it does not function correctly any more then, is not a search for fault. This is the case with any software. When that becomes an argument to disparage a software and personnel of a company during 4 years, one then leaves the ground of the "technique". For these reasons, the assertions known as "technical" diffused on Internet about ViGUARD 2002 by a certain "Guillermito" concern the misinformation.
      It is vital for a company of safety to have increase and remarks concerning its products. It is for that that TEGAM International encourages the increase and remarks concerning its products. That was always the case. The company is organized to accomodate and treat these increase within a framework deontologic. It is disconcerting to note that the denigrations of ViGUARD come people who are not users and do not have any experience of current use of it. It is also disconcerting to note that technical assertions were published without to have contacted the editor as a preliminary.

      Technical explanations:

      Any program whose files were bidouillés, will not function any more or will be buggé.
      The argument is striking. On the nonprotected operating systems, any file can be modified, and this is valid for any software. Any antivirus, firewall, software of safety, or software in the total direction, will not function correctly any more if it is corrupted in memory or on the hard disk. This has nothing to do with ViGUARD. The proof: remove or modify the files of one of your programs in C:\Program Files... eh well it will not function any more!
      The evidence is made almost tous.les.jours with viruses and towards which decontaminate without sorrow the antiviruses on platforms Windows 95, 98, ME (Examples: Klez, Optix, Maldal, etc.) This is however not regarded faults of the antivirus (or of the firewalls), but as gaps related to the nonprotected operating systems. Because contrary to systems such as NT4, Windows 2000 or Windows XP, on which there is a concept of safety which precisely make it possible the programs (firewalls, antivirus or others) to protect their own programs, files and keys of register, on nonprotected systems such as Windows 98 there does not exist safety on this level. This rumour induces the reader in error.
      To suppose that the exploration of ViGUARD is made with a view to evaluation of functionalities of safety, it is disconcerting to note that devices implemented with an aim of countering desactivations and modifications of the software, were overlooked. More especially as to our knowledge, only ViGUARD has these countermeasures:
      - to suppose that an anti-ViGUARD virus tries to close the process of ViGUARD on a nonprotected system, t

    3. Re:The company's position by OzRoy · · Score: 1

      One of their arguments seems to be that the researcher is making misleading statements about how the software works.

      If that is the case then how can they be suing him for reverse engineering the software?

      Reverse engineering is when a person analyses the product to determine how it works. Yet here they are saying that he didn't do this, but shall sue him anyway.

    4. Re:The company's position by Anonymous Coward · · Score: 0

      My bullshit meter went off when they started talking about violence. Based on the press release, I reckon Tegam are a bunch of wankers and the company deserves to go down in flames.

    5. Re:The company's position by Sycraft-fu · · Score: 1

      The lawsuit actually makes a lot of sense, if they are telling the truth. Supposing that Viguard is truthful and their program really does stop all viruses and this gu's test is a bunch of BS, then he is hurting their bussiness unfairly. Remember: The guys statements don't have to be true for people to believe them to be true and not buy the product because of it.

      It's like if I were to go around your neighbourhood posting signs that declared you to be a child rapist. That doesn't make it true, but people would believe it to be true and you'd face backlash, which is precisely why such a thing is illegal. In the case of a company, declaring their products to be flawed when they are indeed not can cause monetary loss, since people decide not to buy them based on percieved flaws that do not actually exist.

      As for how it would work with no signatures, probably similar to something like the Cisco Security Agent. The idea is you use a kind of hurestic analysis and watch for shit that tries to do things it shouldn't. Rather than checking files against a specific database of known problems, you simply watch for activity that is bad and stop that or code that is probaly malicious.

      AVG (another virus scanner, the best IMO) actually does this. It starts with just a normal database check, which is how it catches most viruses. It then moves on to a generic code detection, where it looks for sequences that recur in variants (since so many viruses are modifications of old versions). It can then do heiristic detection, where is looks for suspicious code that probably does things it shouldn't.

      The idea is to try and find what are called 0-day exploits, things that are out and as of yet unclassified and not in databases. The appeal is easy to see, since it takes time to get an updated database. We had 4 systems nailed by a virus because Sophos was slow on getting the update out. The users figure their virus scanner will magically protect them (despite our repeated pleas to leave executable attachments alone) and opened it.

      Now I can't speak as to if Viguard's stuff does what they claim, however if it does, they have good reason to be pissed at this guy for saying it doesn't.

    6. Re:The company's position by z80kid · · Score: 1
      What I find very interesting here is that they are claiming that they are suing him because his false statements are hurting their business and their reputation.

      Yet, if his accusations were false, they could easily go after him for slander/libel. But they are not. They are using IP laws to club the researcher, rather than trying to get a judgement that his accusations are wrong.

      This seems highly suspicious to me. They say he is lying about their security holes, and yet they don't want a judgement on that basis.

    7. Re:The company's position by surprise_audit · · Score: 1

      If the guy's tests and subsequent claims really are BS, why not sue him for slander?? I'd think that damage to the company's reputation would be worth more than a copyright lawsuit. Or maybe they're worried that they can't actually win a slander suit due to actually having broken product??

  92. Business Model by Anonymous Coward · · Score: 0

    1. Make Buggy Softare
    2. ...
    3. Profit!

  93. Re:"Researcher" = hacker by konekoniku · · Score: 1

    There is nothing unlawful about trying to find out if a product you paid for is secure and fit for the purpose for which it was marketed.

    What may be unlawful in this case is that a product was reverse-engineered to achieve that effect, which may have broken applicable French laws. The law punishes actions, not just intentions.

    And I'm not sure where you're going with that last part, but I never claimed you were under any legal obligation to tell the company that their product isn't secure or fit, and I do not believe that is the case either. However, I fail to see the relevance of this train of argument.

  94. This culture will be justly unlamented by FreeUser · · Score: 3, Interesting

    In a world where you can be put into jail for pointing out the emperor is naked, its best to keep quiet. Companies and people don't want to hear about it. Take a hint.

    And don't laugh at the naked pricks when they get their just desserts.

    You'll be branded a terrorist, halled off to gitmo (or worse) and cornholed by our men in green (or worse, perhaps by other men in dark suits).

    We have managed to do something our enemies never could: set up architectures of control designed specifically to keep our society from correcting its errors and improving itself.

    No society that does this to itself survives even in the short term. Ours will be no exception, and I for one don't feel a great deal of lament for it anymore.

    --
    The Future of Human Evolution: Autonomy
    1. Re:This culture will be justly unlamented by chialea · · Score: 1

      >You'll be branded a terrorist, halled off to gitmo (or worse) and cornholed by our men in green (or worse, perhaps by other men in dark suits).

      I currently would be more afraid of the boys in green. The unit at gitmo seems to have been instructed to use torture, and were even flown to iraq to teach it to others. The FBI and CIA, on the other hand, have been freaking out about this (rightly), because information gathered through torture has a long history of being extremely inaccurate ("yes, yes, whatever you say, sure"-type confessions), not to mention illegal.

      Lea

    2. Re:This culture will be justly unlamented by Anonymous Coward · · Score: 0
      I currently would be more afraid of the boys in green. The unit at gitmo seems to have been instructed to use torture, and were even flown to iraq to teach it to others. The FBI and CIA, on the other hand, have been freaking out about this (rightly), because information gathered through torture has a long history of being extremely inaccurate ("yes, yes, whatever you say, sure"-type confessions), not to mention illegal.


      And I'd call bullshit. When I was on active duty in a previous life there were all sorts of civilians in the background "pulling the puppet strings".. make no mistake. The civvie agencies are performing damage control and using the enlisted corps of the military to insulate themselves.
    3. Re:This culture will be justly unlamented by chialea · · Score: 1

      Oh, I believe you. I just think that in this case, the civvies aren't the people in the FBI or CIA, who have been rightly burned for using these tactics in the past.

      Lea

    4. Re:This culture will be justly unlamented by danila · · Score: 1

      This is what brought down the Soviet Union. Not inherent inefficiencies of planned economy, not disrespect for some human rights, not lack of toilet paper, CIA secret plots or Reagan's Star Wars, but this. The lack of freedom to speak up, silencing criticism, blindly following the party line and don't you dare speak about it. Millions of people tried to make the system work, millions innovated, pointed out problems, criticised anyway and wrote angry letters to "Pravda". But the system was not designed for free feedback and eventually it stopped working. :-(

      Every problem in the world can be solved if we just talk to each other frankly and openly, sincerely trying to work for the benefit of all. Unfortunaly, this doesn't seem to be the "approved way" anymore.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    5. Re:This culture will be justly unlamented by Anonymous Coward · · Score: 0
      You'll be branded a terrorist, hauled off to gitmo (or worse) and cornholed by our men in green (or worse, perhaps by other men in dark suits).

      Man in black I can handle, it's the nice men in white...

  95. Time to stop. by killjoe · · Score: 4, Insightful

    It's high time people stopped informing companies about security holes. It's perfectly OK to let the coders of open source projects know about security holes because they are not going to sue you. If you find a hole in a commercial product just announce it anonymously on the usenet and let it go.

    --
    evil is as evil does
    1. Re:Time to stop. by RupW · · Score: 1

      It's high time people stopped informing companies about security holes.

      Why?

      That's not what the guy here is being sued for. Check the timeline on his website - he never informed the vendor, he just disclosed to the world.

    2. Re:Time to stop. by killjoe · · Score: 1

      He put his name to it. As I said anounce it anonymously on the usenet.

      --
      evil is as evil does
    3. Re:Time to stop. by westlake · · Score: 1
      It's perfectly OK to let the coders of open source projects know about security holes because they are not going to sue you. If you find a hole in a commercial product just announce it anonymously on the usenet and let it go.

      In other words, open source programmers should be warned privately when they have a problem which needs fixing. But you should be free to broadcast anonymous charges against closed source developers without fear of reprisal.

    4. Re:Time to stop. by Krow10 · · Score: 1
      It's perfectly OK to let the coders of open source projects know about security holes because they are not going to sue you. If you find a hole in a commercial product just announce it anonymously on the usenet and let it go.

      In other words, open source programmers should be warned privately when they have a problem which needs fixing. But you should be free to broadcast anonymous charges against closed source developers without fear of reprisal.

      I don't think that the gp was advising this course in order to punish the copyright holder of the proprietary code, but to protect the reporter. Such protection is not neccessary from open source copyright holders in general (there are probably some caveats here, such as releasing any exploit code under a compaitible license.)

      That is, a reporter should be able to report a vulnerability without fear of reprisal regardless of the nature of the vulnerable product. And vulnerabilities should be reported. OSS just allows a reporter a means to report without fear of reprisal. Proprietary companies have a means that some have used to punish the messenger, and thus it is in the reporters interest to make the report anonymously.

      If a proprietary author wishes to be treated like an OSS author, then that proprietary author should make an explicit exception in their license that allows for the public disclosure of vulnerabilities.

      Or they could change bad laws. But companies should not rely on the silence of those who discover vulnerabilities in ther products. If an honest person can find it and publicize it, a dishonest person can find it and keep quietly exploiting it.

      Cheers,
      Craig

      --
      Corollary to Clarke's Third Law: Any technology distinguishable from magic is insufficiently advanced.
    5. Re:Time to stop. by westlake · · Score: 1
      I still believe you should speak to the developer first. In any case, reporting a vulneribility doesn't mean you have to publish a primer on how to exploit it.

      It troubles me that Secunia upgraded a threat four days before Microsoft was scheduled to distrbute a patch. There are opportunites here for grandstand plays that can be damaging to open and closed source projects alike.

  96. Re:He should counter sue for defamation of charact by Zork+the+Almighty · · Score: 1

    Forget legal bullying, I want to see a fight to the death! At least we would be rid of one stupid justice system that way.

    --

    In Soviet America the banks rob you!
  97. discrimination anyone? by Goeland86 · · Score: 1

    How come we hear about this because it's a French guy working in the US? Aren't there many many many other security researchers who do exactly the same thing, and might've found the exact same bug before him? I'm sick of seeing all this junk in the US happening to French citizens. He was doing his job, if he's working at Harvard, then he's not at fault, Harvard's at fault, because assuming he's a researcher there, then it's an organization policy that's wrong, not his own actions. But nooo, they don't dare try to sue harvard (who produces a decent team of lawyers), so they sue the poor guy who stumbled on it, and to top it off he's French. Of course with all the political mess going on, this is only oil added to the fire, and the American public's going to believe it was a conspiracy from France, thus blindly penalizing a guy that was doing his job right. Does this mean we're headed towards a totalitarian system, where you're fired if you do nothing and you're in jail if you do something right?

    --
    ---- I am certain of only one thing : I know nothing else.
  98. Anyone know anything about French law in general? by Ohreally_factor · · Score: 1

    There seem to be two cases, one criminal, which is what might send Tena to prison, and the other civil, which according to the article has not yet reached trial stage.

    I don't know jack squat about French law, but in the U.S., there are two basic types of law: criminal and civil. You can be prosecuted for a crime under criminal law, but you aren't "sued" per se. A victim would file a complaint in a criminal matter, but wouldn't sue or even prosecute (that would be the state's job, i.e., "the people"), but might sue for damages in a separate civil suit.

    Does anyone know what I'm talking about, and know enough about the French legal system to explain the differences to me in this case (or these cases)?

    --
    It's not offtopic, dumbass. It's orthogonal.
  99. GOD FUCKING DAMNIT! by Inthewire · · Score: 3, Informative

    Moot.
    Moot point.

    Mute point my chapped ass.
    Words fucking mean things.
    God damn it.
    Fuck.
    Argh.

    Seriously.

    Ick.

    --


    Writers imply. Readers infer.
    1. Re:GOD FUCKING DAMNIT! by Vengie · · Score: 0, Offtopic

      Were you raped by an insensitive porpoise as a child? ;-) "Intensive purposes" is *far* worse buddy, save the real anger for that one. [ "*INTENTS* and purposes" and "schrodingers cat is *not* dead" are the only two valid uses of the blink tag]

      --
      When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
    2. Re:GOD FUCKING DAMNIT! by robinski · · Score: 1

      Oh, I'm soo right there with you on this one. My boss's boss uses "mute point" all the time and I need my paycheck too much to do anything about it, but eventually she's gonna notice that I physically cringe every time she says it. Of course, my best friend uses phrases like "I had boughtten it before" and "It costed way too much". It hurts a lot.

    3. Re:GOD FUCKING DAMNIT! by Anonymous Coward · · Score: 0

      Who the f*** cares, you knew what it ment, I mean obvioiusly since you made a stpuid post about it. Why even bother ? What a waste of /.'s bandwidth and our time. Go somewhere else if you want to play, "Im a grammar God" becuase we all know how much you probably f***, so shut up already.

    4. Re:GOD FUCKING DAMNIT! by Dread_ed · · Score: 1

      "Im a grammar God"

      Missing punctuation: -5 points.

      "Who the f*** cares, you knew what it ment, I mean obvioiusly since you made a stpuid post about it."

      Let's see what we have here: Run on (-5), improper comma usage (-10), spelling/typos (-10), poor sentence structure (-5).

      "Why even bother ?

      Improper formatting of the ? punctuation (-5).

      Total score: 60/100

      Unfortunately you did not pass this assignment. Try again next year.

      I bet you had an unfortunate run in with an easily irritated ruler-wielding english teacher or two in your time. Me too, but I hunkered down and tried to learn what she was teaching in spite of my burning hatred and my bruised knuckles.

      No problem, however, since you asked why even bother I will try to explain. Some people feel that it is important to express yourself according to a set of non-arbitrary rules of English. There are various reasons for attaching importance to these rules, the least of which IMHO is aesthetic. More important is that communication has a purpose and it is, circularly, communication. When you use written language to communicate the conventions that we follow allow us to extract meaning efficiently and accurately. When English is used properly the only limitation to the transmission of information is the ability of the writer to properly phrase their thoughts and the readers vocabulary. Unfortunately, even with he best of intentions or the grandest of thoughts, if you do not write properly you run the risk of being misunderstood or just flat ignored.

      Since you mention that they "knew what it meant" I will propose to you that you cannot say that for everyone who reads this site. I will also propose that it is incredibly inconsiderate to post something to a site like this without using you best language/grammar skills. It is inconsiderate to those who know what proper English is. Furthermore, considering the large number of non-Americans that read this site, it is unforgivably rude to those who are trying to learn English. They have a hard enough time with the strange rules and numerous exceptions in our language without having to look at the loads of crap that people spew instead of real English.

      I find it ironic that people who are learning the language will often humbly apologise for their errors, but when you correct a native speaker (who should know better) they get indignant.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    5. Re:GOD FUCKING DAMNIT! by Bush+Pig · · Score: 1

      Well ... he _might_ have meant it was a mute point (he should've kept quiet about it, or something) ...

      --
      What a long, strange trip it's been.
  100. Great job, moderators. You suck. by Anonymous Coward · · Score: 0

    Look guys, being rude to people trying to pimp "free ipods" in their signature is really the only way to get this stuff to stop.

  101. it starts off ok... by Anonymous Coward · · Score: 1

    but then reads like a lunatic towards the bottom

    1. Re:it starts off ok... by Lost+Race · · Score: 1
      Holy crap, I only got about halfway through it before the k00kiness overwhelmed me.

      Until I saw that insane rant I thought we all must be missing something, that someone had gone off half-cocked and misreported the story, that Tegam had some good reason for suing (like maybe a violated NDA). But no, it's true, they are lunatics. What's still unclear is how far this got in court, and why (or whether) the court is taking it seriously. Jail time? 900,000 euros? Seems very unlikely.

    2. Re:it starts off ok... by Anonymous Coward · · Score: 0

      I can't believe they have that on their web site... Maybe it sounds more reasonable in French?

      But seriously, I had the same reaction. First few paragraphs and I'm thinking "well they have a point", then I'm reading on to see them back it up with facts.

      But instead of facts it turns into some wild rant about the IT field and I don't even know what else. WTF is wrong with them? I hope their lawyers are better than their webmasters.

  102. Re:"Researcher" = hacker by Inthewire · · Score: 0

    I want to research pain.
    I'll use decibels as a measure of pain.

    I'll use a propane torch as an agent of pain.

    I'll use your family as a subject.
    Hi, Mom - it's for science.

    This society doesn't accept the concept of the individual - there are no volunteers.

    How's the paint smell in that corner?

    --


    Writers imply. Readers infer.
  103. Someone, think about the customers!! by melikamp · · Score: 3, Interesting

    I saw a number of posts where people saying that uncovering security vulnerabilities and publishing the research may hurt the customers. OK, let's put that to the test, let's imagine that we are in the world where such publications are prohibited. Last time I checked, the major driving force behind the scientific research was a desire to be recognised. Yes, white hats and black hats have the same personal reason to do what they do -- they want to be famous. If the only way for a white hat to get famous is the court hearing, then you can say bye-bye to the independent security research. From that point on we will be finding out about vulnerabilities when our systems turn against us. As a rule, patches will be coming out after vulnerabilities have been successfully exploited by bad guys. This would be the last blow to the positive meaning of "hacker", and who wants that? I would rather have white hats held in honour, and software companies held accountable for their mistakes.

    And have you even tried to assess the threat of such publications? On one side you have a bunch of black hats who are poorly organized, do not have very effective channels of communication, have an inferior understanding of the vulnerable product; on the other side you have a corporation which does nothing but, which is on top of things, which, for a change, has the entire source code along with people who understand it completely. Who will win in this race? By jailing independent researchers they are effectively sending a message: we are incapable of beating a bunch of amateurs in our own game. The reality is that they simply do not want to, because it costs them more money -- they would rather watch us crash and burn, and then jump in and save the day. Once a day. For all eternity.

    Granted, OT, but is that like healthcare or what?

    1. Re:Someone, think about the customers!! by nzkbuk · · Score: 1

      Not only will the patches be coming out after an exploit, it will be after a critical mass of exploits that the company can't hide / deny.

  104. difference between vulnerabilities and exploits by artifex2004 · · Score: 1

    If he'd just published the vulnerabilities, he could claim it was in the public interest. But publishing working exploits? That's a huge difference.

    That's a bit like saying hey, a gunshot to the temple will kill you, versus handing out guns and bullets to anyone who comes by.

  105. Harvard by fishbowl · · Score: 2, Funny

    Does this mean there's an opening for crypto research at Harvard now? Do you have to be a goddamed foreigner to apply, or have they started accepting Americans again?

    --
    -fb Everything not expressly forbidden is now mandatory.
    1. Re:Harvard by Anonymous Coward · · Score: 0

      Of course they accept Americans. It just so happens that our foreign counterparts tend to have more intellectual aptitude than Americans do.

  106. Clearing up a little AC loopyness by SuperKendall · · Score: 1

    Your argument is a little flaky...

    Re: Free Speech Zone article. Yes, the question of indefinenate detainment is a thorny one. However I thought Free Speech was a concept more for U.S. citizens? Because the article you link you is talking about aliens: ...regulations which permit detention of any alien - regardless of whether they have been designated as a "suspected terrorist" - without charge beyond 48 hours for a "reasonable period" in the event of "emergency" or other "extraordinary circumstances."

    The rules are a little different for U.S. Citizens. How does that link apply to the thought of Free Speech again?

    Basically your overwhelming hatred of the US is blinding you to facts and dragging your whole argument substantially off-tangent. Par for the course I guess.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  107. Seems that this article is misleading by livingboy · · Score: 1

    Though I don't have much experience reading France, but seems that he has not been sentenced yet:

    Means that prosecution(Le procureur de la République a requis) is suggesting jail term and 900 000 euro damages, however final ruling will be 8 March 2005

    1. Re:Seems that this article is misleading by livingboy · · Score: 1
      Comme prévu, l'affaire Guillermito est passée en jugement ce mardi 4 janvier. Le procureur de la République a requis quatre mois de prison avec sursis et 6000 euros d'amende à l'encontre de Guillaume Tena. Les dommages et intérêts sollicités par la partie civile (la modique somme de 900.000 euros) feront l'objet d'une audience ultérieure. Une peine que nous jugeons "démesurée" et qui pourrait, à l'avenir, s'avérer dangereuse pour l'ensemble des chercheurs et des professionnels du domaine de la sécurité informatique. Le délibéré est fixé au 8 mars 2005. Nous espérons que le jugement définitif sera favorable à Guillaume Tena et au full-disclosure, ce qui évitera l'instauration d'une sécurité passive en France.
      S*** forgot to use preview this is the text that my conclusion about misleading article is based on.
  108. With apologies to Monty Python by Kjella · · Score: 1

    You should do something about that cough - maybe see a doctor? I know when I cough, it's never so bad that I type out the noises.

    Maybe he was dictating?

    --
    Live today, because you never know what tomorrow brings
  109. Why do people bother to do this? by pjc50 · · Score: 2, Interesting

    Finding holes in OSS is useful, because you can patch them. But finding holes in proprietary software just exposes you to this sort of risk, seldom results in change, and helps people who aren't paying you. Why bother?

    Is it just for the self-righteous feeling of having found fault with someone else's work?

    Use open-source software and abandon the rest of the world to the virus/anti-virus battle. Or write behaviour blocking anti-virus software and never have to worry about this sort of thing.

    1. Re:Why do people bother to do this? by Anonymous Coward · · Score: 0

      ...yes... :) Of course never letting the unwashed masses believe the proprietary=secure, you keep finding the holes, then anonymously release exploits, viruses and all kinds of nastiness... But let the crackers know first, authors only when it hits them :)

  110. I think virus writers should sue Tegam by melted · · Score: 2, Funny

    for reverse engineering their viruses.

  111. Re:Sue Ralph by Anonymous Coward · · Score: 0

    I'll pit a Ford Excursion 4x4 Diesel against a Geo Metro any day of the week.

    If you want to get pommeled in the Geo, then go right ahead.

    I'll be sure to send your information over to the people at the Darwin Awards.

  112. There is no such thing as 100% virus protection by quick2think · · Score: 1

    There is only 100% ignorance. Just goes to prove, The only Safe PC is one not hooked up to a ...

    1. Re:There is no such thing as 100% virus protection by remmelt · · Score: 1

      ... user?

    2. Re:There is no such thing as 100% virus protection by quick2think · · Score: 1

      agreed, a little common sense goes a long way. although it appears to be not so common.

      Personally I run no virus protection(just a firewall) other than the ocassional online scan, and my online mail account with virus protection, and have never been a victim. Of course, I don't have stupid employees I need to worry about either.

  113. No. by raehl · · Score: 1

    Because he's not being charged with a criminal offense. You don't get extradited for civil suits.

    1. Re:No. by Anonymous Coward · · Score: 0

      How can you get jail-time in a civil suit?

  114. Keys by phorm · · Score: 2, Interesting

    I had an 88 Camry (Toyota). The key for it opened:

    My parent's car (87 Accord)
    Friend's car (Corolla)
    Other Friend's car (Accord)

    Only on the driver's side door though (and no ignition). That being the lock used most often, the tumblers can become worn and easier to open.

    1. Re:Keys by gid · · Score: 1

      I drove around my parent's 86 Corolla for awhile, one day I found out that the key in also worked in our 86 Camry, but not vice versa... or maybe it was the othe way around...

  115. Wrongo by phorm · · Score: 1

    In the case of the example given by the parent to your post... removing a piece of tape does not contractually obligate you. Signing off on a (legally binding) contract does. This is why clickthrough EULA's are so dubious.

    No, they might be able to enforce that by removing the tape you can't return the unit or sue them (successfully, you can try to sue for almost anything but success is not so certain) when you get electrocuted for opening something you shouldn't have etc.

    The musician's licensing deal is totally different concept, and it pisses me off that people compare the two. You have a full, legally binding contract. Read over, signed in the view of a witness. This is much different from removing the tape on the TV example or checking "OK" on an EULA screen.

  116. Silly by phorm · · Score: 1

    Once again I must say this:

    Yes. A virus writer could sue. Anyone can sue. It just requires money and/or a lawyer. Sueing successfully is different from launching a suit, and there are lots of stupid suits.

    Moreover, a virus writer would - by sueing on such a basis - admit to being the virus author and thus to breaking various laws. The penalties outweigh the potential gains.


    This is a stupid case too. Remember that the plaintiff has a right to sue. We just hope that the laws don't uphold such idiocy, or if they do (DCMA *sigh*) then the courts will be smart enough to strike them down because they are, in fact, idiotic/unrealistic/vague/innapropriate laws.

    Meanwhilst, this lawsuit is probably not good for Tegam's reputation... as by doing so they validate his claim that there are, in fact, bugs in their product.

  117. Stupid fool by t_allardyce · · Score: 1

    They should have known better, in this day and age you _never_ reveal security flaws unless you keep it anonymous! This isn't some free utopia we live in, most countries including the US are at witch burning level, don't give them your name!

    --
    This comment does not represent the views or opinions of the user.
  118. He's not a troll by thunderbee · · Score: 1

    He's karma whoring the Bush administration :-P

    --
    In my opinion, Scientology is a cult you should avoid.
  119. How the hell does their system work by klinsi · · Score: 1

    when there's no sig files? -->
    "It is unacceptable to violently depreciate a company and its staff through a hardheaded search for vulnerabilities in the software they produce, and this over a number of years."

    They poked around Windoze for probably over a number of years - in a hardheaded search for vulns merely depreciating Microsoft Staff's work?

    Besides, what they are doing is a full blown PR desaster.

    --
    hic porci cocti ambulant
  120. Re:"Researcher" = hacker by ajs318 · · Score: 1

    France is in the EU. EU law gives you the right to reverse-engineer software for certain purposes: for academic study, for the purposes of developing interoperable software, or just to satisfy your own morbid curiosity.

    --
    Je fume. Tu fumes. Nous fûmes!
  121. Re:"Researcher" = hacker by Pofy · · Score: 1

    >What may be unlawful in this case is that a
    >product was reverse-engineered to achieve that
    >effect, which may have broken applicable French
    >laws.

    And how do you suppose said company managed to write their virus scanning program (or whatever it should be called) to start with? Guessing what viruses do? If blanket reverse engineering is not allowed, such a company should not be able to exist in France to start with.

  122. Why not a reward? by Slur · · Score: 1

    It seems to me that companies could simply add a positive incentive and make things simple. "Inform us of a bug that leads to a security exploit and we will give you $1000.00."

    Probably some would expect this to lead to rampant abuse of the system from both sides. First, when some black hacker demands $2000.00 or he won't disclose (which would be foolish) or from the other side when a company claims they already know about it and hack their own CVS repository to make it look as if they fixed the hole a week prior.

    Other than these little mishaps I can't imagine why a company wouldn't want to have a bunch of volunteers vying for a prize by stress-testing their software. ...unless they believe that there is no such thing as impenetrable security. Now there's a blind faith.

    I wonder if lawyers are trained to hypnotize their clients and always sell the non-solution over all others.

    --
    -- thinkyhead software and media
    1. Re:Why not a reward? by Doc+Ruby · · Score: 1

      I think we're on a course through where computers will check software signatures before running. More trust (and access to sensitive resources) will be allocated to trusted signatures. Insurance companies, with standard liability coverage, will sign some software. They will offer all kinds of incentives to everyone for divulging risk factors, like bugs, to those best positioned to mitigate them. So your rewards might be coming from the insurance company, paid by the premiums of their share of the software market.

      Of course, that's a perfect risk market at work. Capitalism, bureaucracy and inertia will leave many flaws in the model by the time it arrives. And the damage from the meltdown in the works right now, which could force such a system into existence for the survival of the software industry (and therefore capitalism, and our entire global society), will twist the result in unforseen ways. But soon we might look at uninsured computing as foolhardy as uninsured driving - or as free.

      --

      --
      make install -not war

  123. Re:I've considered moving to France before by Thomas+Shaddack · · Score: 1
    There used to be a saying here, during the times of so-called communism:

    Don't think.
    If you think, don't write.
    If you write, don't sign.
    If you sign, don't wonder.

    It's sad that the Revolution brought us no real change. Maybe another one should be performed?

  124. Prison? by WaZiX · · Score: 1

    It says that he was given: "4 mois de prison avec sursis". This means that he actually won't go to jail unless he gets jailed for something else during his probation period.

    I think what will really be hurtfull is the 900,000 euros (~$1,200,000) that the french society wants to extort him of.

    This is a blatent form of Injustice, but you do start to understand how this could be when you see that one of the clients of the Tegam company is no other then... The French Ministry of Justice!

  125. Misleading article, misleading article ! by Anonymous Coward · · Score: 0

    The article was not clear about several points - and it made many comments posted here irrelevant :

    1/ "Guillermito" is not a security researcher but a researcher in vegetal biology (and he is paid by Harvard for that). His researches about vulnerabilities in steganography and anti-virus software are conducted as a hobbyist, and I am not sure if he was already working at Harvard when the ViGuard affair happened back in 2000/2001.

    2/ "Guillermito" was not charged for reverse-engineering, but mainly for having performed all his tests with a pirated (and then with a borrowed) license of the program.

    3/ The background of this affair is more complex, since it involves many actors of the french "underworld" (pirates' magazines, virus writers, grey journalists) and points how many publishers and securiy experts were bribed by Tegam to praise their product.

    4/ You can't imagine how ViGuard sucks. "Guillermito" probably contacted Tegam before publishing his vulnerabilities, but this company is blatantly incompetent and so confident in its lousy technology that they ignored him. To get the idea, if you tell "I found a new buffer overflow bug in your software" to a M$ guy, he'll probably reply "Ok, we may or may not fix it, we don't really care". Now imagine a guy telling "What is a buffer overflow? Anyway our product is superior!!! ". I guess that the vulnerabilities were published only when "Guillermito" realized that Tegam would never (be able to) fix them.

    5/ Finally, the decision of the court will be taken the 8th of march. Whatever happens, the case will be appealed, so the final decision will probably be delayed by up to 18 months.

  126. That guy is simply sued for piracy by Ray+Alloc · · Score: 2, Informative

    Apparently, that guy used an illegal copy of TEGAM's software and is sued for that reason. All the buz about a poor researcher is therefore off topic.

  127. And by the time they came for me, it was too late. by guet · · Score: 1

    The rules are a little different for U.S. Citizens

    And why does that make it acceptable? The fact remains that people can be locked up indefinitely without trial in your country, on suspicion of terrorism (ie, for anything), and held for the rest of their life in cages without charge.

    Your government just appointed a man who condones torture to a high position - I think you can expect short thrift for 'Free Speech' for anyone who disagrees with them in the future, whether they're from the chosen people or not.

    The 'Free Speech Zone' in New York was just a taste of how they see protest.

  128. Really... by franksp · · Score: 1

    There's a great difference between 'finding bugs' and finding exploits for profit, period. This guy deserves to go to jail.

  129. What justice? by quarkscat · · Score: 1

    In France, the presumption is that the accused
    is guilty, rather than innocent until proven
    guilty like in the USA.

    Oh wait. Between the DMCA and the US Patriot
    Act and the **AA(s), the USA is just like the
    French now. And we have accomidations in Gitmo
    just as bad as what the French have at Devil's
    Island. Perhaps we should change the name of
    those "Freedom Fries" to something more closely
    resembling reality.

    When the "white hat" hackers have all been made
    criminals, only then can our computer systems
    be safe from the "black hat" crackers, right?
    If security through obscurity actually worked
    for commercial software, there wouldn't be any
    Microsoft Windows/IE exploits.

    The Harvard security researcher's only "crime"
    was his rush to publish -- privately contacting
    the software publisher about their program's
    vulnerabilities and giving them 30 days to
    respond would have been a better course of
    action. Especially considering that he also
    published exploit code in his announcement.

    1. Re:What justice? by Anonymous Coward · · Score: 0
      In France, the presumption is that the accused is guilty, rather than innocent until proven guilty like in the USA.

      Do you have any factual basis for believing this assertion? The presumption of innocence is, after all, codified in both French constitutional law and the European Convention on Human Rights.

    2. Re:What justice? by DeBeuk · · Score: 1

      In France, the presumption is that the accused
      is guilty, rather than innocent until proven
      guilty like in the USA.


      That's just nonsense. The presumption of innocense was coined by a French jurist at the end of the thirteenth century and did not even enter Anglo-American jurisprudence until the nineteenth.
      Get your facts staight.

      --
      Reality has a notoriously liberal bias -- Stephen Colbert
  130. Re:"Researcher" = hacker by Anonymous Coward · · Score: 0

    > He's a security researcher

    No, he's not. He's a biology molecular researcher.

  131. Jail! by andalay · · Score: 0
    "faces 4 months in prison after being sued by Tegam for reverse engineering its Viguard antivirus software and publishing exploit codes"
    Because the threat of jail time has always stopped hackers before.
  132. Public responsibility by Anders+Andersson · · Score: 1
    They probably did. Alas, even auditing a large program won't always get everything. You do your best and hope you didn't miss anything important.

    And when their hired auditor (understandably) doesn't deliver 100 percent of the service he was paid for, the company's customers and other members of the general public are expected to step in and report the remaining faults to the vendor in confidence, free of charge?

    Finding every bug is indeed a difficult task, if not impossible. However, if the industry can rely on informed members of the public to cover up every failure of theirs (and sue anybody who doesn't cooperate), the industry will have very little incentive to make real improvements.

    If a random guy I don't know unintentionally makes a mess for himself and I learn about it, my first reaction is to tell him personally if I can, and simply ignore the problem if I can't. However, most businesses don't automatically qualify for that courtesy, and before I help a company improve one of their products, I want assurance that my assistance will benefit the general public more than their stock holders, and I want some recognition for my contribution.

    As the default corporate policy appears to be "valuable technical advice accepted free of charge, questions politely unanswered", I need a little more than an empty feedback form on their website to offer them five minutes of my time.

    And invoking copyright law to silence consumer advice, even when that advice is ill-informed or inappropriate in some other way, is just plain stupid. As long as Tena isn't actually distributing Tegam's code (or derivative works of it), this "reverse engineering" objection is ludicruous, whether legally enforcible or not.

  133. Bugs? What? by Anonymous Coward · · Score: 0
    reverse engineering its Viguard antivirus software and publishing exploit codes for a number of vulnerabilities

    So, according to Slashdot cracking software is now considered "finding bugs" ?

  134. Re:This would set a terrible precedent (in France. by silverdr · · Score: 1

    "they've just made themselves look petty and bad"

    Who cares if they get the $s, they would possibly never get out of sales ;-)

    --
    Now, mod me down freely. My karma can't get any worse...
  135. Illegal. by hughk · · Score: 1

    Once you buy something it is yours to do whatever you want with it. You may take it to pieces or rebuild for other purposes. This is also why cable boxes are leased, or at least the cards are. In such a case, they can control what you do with the service.

    --
    See my journal, I write things there
    1. Re:Illegal. by Pofy · · Score: 1

      That was my point and why EULA would not work.

  136. FYI by ^BR · · Score: 1

    Guillermito is a biologist...

  137. Consumer Reports Sued? by erroneus · · Score: 1

    Okay shoot me, I didn't yet RTFA but I've read too many responses already that are defending this situation and it's bothering me to see this attitude.

    Let's talk about something I see as a parallel: "Consumer Reports" This publication exists for the purpose of informing consumers about the products they use. From time to time, they have exposed product flaws that have resulted in a remarkable public response. But the fact is, they exist to promote the safety and quality of products being sold to the consumer. While they rarely if ever report on software products is somewhat irrelevant. I don't (yet) see what this guy did as anything different than what Consumer Reports does.

    Perhaps what is really needed is a strong organization that will do what Consumer Reports does? I think it would take some planning to iron out ethical details, but it could become wealthy in subscriptions and honored for its integrity and protecting its sources...and perhaps poor for defending itself in court.

    I know there are many security forums and such-like out there and they are free. But I have to wonder what would happen if any of those organizations were sued or any of its operators were criminally charged. After all, in France, a great many of these things are (apparantly) illegal.

  138. not exploits, exploit CODE by dirk · · Score: 4, Insightful

    The main thing here is that he didn't point out bugs in software, he published code that would take advantage of these bugs. For all the people making the car comparison, he didn't notice a problem that would let you unlock a car without the key, he made something that would take advantage of the problem and let you unlock any car without the key. There's a big difference between publishing bugs you find, and actually publishing code that will take advantage of the bug. Even example exploit code serves as a blueprint for any person who wants to modify it to do something worse with it.

    I have no problem with saying there is a bug in software and giving information about it. I do have a problem with someone releasing code that take advantage of said bug.

    --

    "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    1. Re:not exploits, exploit CODE by g0bshiTe · · Score: 1

      I was about to scream it's his right, but according to the unwritten rules of finding bugs, he should have first contacted them notifying them of the flaws then given them ample time to produce a patch or research his claims. Of which I didn't see anywhere where he stated that he did either, in fact I gathered from the article that he bypassed that step and went straight to releasing the exploit code.

      In this instance I side with the software company, as I'm sure the courts will. It appears to me that his motives were not to further the product and have the company produce a better product, but to publicly humiliate them, or to appear leet to his "2600-style" ragazine.

      --
      I am Bennett Haselton! I am Bennett Haselton!
    2. Re:not exploits, exploit CODE by Anonymous Coward · · Score: 0

      If he did follow those unofficial rules, he would have been sued/arrested on blackmail charges. The best thing to do is to post anonymously without prior notification unless the company involved is known not to be hostile to that kind of thing such as open source projects and Microsoft.

    3. Re:not exploits, exploit CODE by Anonymous Coward · · Score: 0

      Well, according to that logic, manufacturing lock picks should be illegal as well.

  139. Security Researcher Faces Jail For Finding Bugs by toocoolforschool · · Score: 1

    As it should be. Our QA are now serving 25 years in maximum penitentiary after finding insane amount of bugs in the latest release.

  140. Re:No. France is anti-free speech by MORB · · Score: 1

    That's not true at all, and unsupported by anything that could have ever occured here. As an example, in France if you, *on purpose* show intimate body parts, or someone nude, or sexually explicit language, most of the public reaction will just be to laugh and shrug, and additionally you may get a slap on the wrist from the Superior Audiovisual Council. Contrast this with someone showing a nipple *accidentaly* in the US.

  141. Should have re-read by Anonymous Coward · · Score: 0

    In my example, I meant on TV.

  142. yes we hire people to kill hole digging rats by stygianguest · · Score: 1

    because we don't like those filthy muskra... you said boy?

  143. In theory. by Chris+Burke · · Score: 2, Insightful

    Actually, companies usually don't take any different stance when they're notified of their bugs before public disclosure. But at least that gives them the chance.

    The chance to what? Sue or threaten to sue the researcher and get a gag order placed on them before they're able to warn the users of the software, preventing the vulnerability from ever being seen?

    I agree that notifying the company first is the responsible thing to do, but only if the company is going to be responsible which fewer and fewer are showing the capacity for. It isn't clear to me how this situation would have been different for Tena if he had first told Tegam about the exploit, they told him to be quiet about it and did nothing themselves, then he published. Maybe we would think him more diligent and responsible... or maybe we wouldn't have heard about him -- or the flaws he discovered -- at all.

    --

    The enemies of Democracy are
    1. Re:In theory. by Doc+Ruby · · Score: 1

      This whole subthread is about the relative risks. A responsible private disclosure to the developers would be preceeded by documenting the disclosure in a sealed, dated copy to a third party, like a family lawyer or notary public. Of course, that protection is based on the universal acceptance (at least legal) that the reverse engineering is itself legal. The current case is a bad precedent, because Tena didn't disclose to the developers first. But most people do, so there a valid precedent should be available to courts, at least if lawyers do their job right...

      --

      --
      make install -not war

  144. work from the analogy by Anonymous Coward · · Score: 0

    i.e. Go to jail for showing how to pick a lock

  145. This is just crap by g0bshiTe · · Score: 1

    I realize that consumer groups monitor product quality for things we buy and use, the national governments inspects the food we eat, police patrol our city streets, even the people of a country monitor their elected officials.

    I realize that most softwares TOU forbid you to reverse engineer the product but isn't that more to protect their IP? I mean if someone doesn't dissect it and break it apart to expose flaws, will their next release be any better?

    If people didn't tear open Windows would the product be worse today?

    --
    I am Bennett Haselton! I am Bennett Haselton!
  146. WRONG! by goldspider · · Score: 1
    "If you are a responsible researcher, and you find some security holes, you better publish them, right? Right? RIGHT?"

    No, the responsible thing to do would to notify the software maker of the problem, not post it publicly so that people could exploit it. I think his intentions were made very clear by who he chose to inform.

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:WRONG! by Anonymous Coward · · Score: 0

      Just notifying the company doesn't work, the flaw will never get fixed. As for the notify the company, wait a while, then notify the public, that can result in blackmail charges. It is far better to just post the information rather than mess with the company, at least that way you limit the possible penalties.

  147. Re:"Researcher" = hacker by Anonymous Coward · · Score: 0

    I love it when people gets compared to Gallileo on /.

  148. time to circle the wagons. by lasermike026 · · Score: 1

    Time to circle the wagons. Where is the legal defence fund? How do we deal with K-Otik?

  149. Wrong by hepwori · · Score: 1
    Why do you think no EULA has ever been tested in court?
    Commonly-held view, but not so. See http://www.freedom-to-tinker.com/doc/2004/bnetd_30 sep.pdf for a test of a EULA in court.

    Not only does the court uphold the EULA:

    The Court finds that the license agreements are enforceable contracts under both California and Missouri law. California courts have enforced end user license agreements, which are valid under California law.
    but it also disagrees with your assertion that you can't wave a statutory right:
    The defendants in this case waived their "fair use" right to reverse engineer by agreeing to the licensing agreement. Parties may waive their statutory rights under law in a contract.
  150. Software producers, take note! by emil · · Score: 1

    Use great care in leveling attacks at your users, be they security researchers or no.

    How many will never buy another Adobe product? I certainly tell everyone that I know.

    Now I add Tegam to the list (not that I'd ever heard of you before).

  151. Bizarre mods by Anonymous Coward · · Score: 0
    Recent weeks have shown us too many bizarre mods. WTF is up with that?

    I 'spose Bill's astroturfers are trying another round at subverting slashdot.

  152. Are these cars manufactured by Microsoft? by Anonymous Coward · · Score: 0

    Why is it so easy to break them?

    1. Re:Are these cars manufactured by Microsoft? by Grishnakh · · Score: 1

      Probably several reasons:
      1) It's easier and cheaper for the carmakers to design and build them this way. Why spend tons of cash on making cars break-in-proof if they're not going to get a return?
      2) Consumers wouldn't like it if it was hard to break into their own cars. Every time they locked their keys inside, they'd have to smash a window, which would cost a fortune to replace. It's cheaper to call AAA and have them slimjim it. Bottom line: good security is too much trouble for most people to want to put up with.

      Besides this, many newer cars have more advanced "immobilizer" systems, where you have to have a special key to start the car's engine. This was in response to all the problems with car theft. So now, it's still not that hard to get in, but all the thief will get is the crap inside, not the whole car (unless he has a flatbed).

  153. Re:No, but make a film about how Islam treats wome by DamienNightbane · · Score: 1

    ...How exactly is this "Insightful"?

  154. Re:"Researcher" = hacker by konekoniku · · Score: 1

    Then it is up to the courts to decide whether any of those exceptions under EU law apply in this particular case.

  155. From Vigard's contact page: by scovetta · · Score: 1

    "Our customers chose ViGUARD because they are uncompromising when it comes to reliable computer security."

    I'm sure *someone* can come up with a clever retort.

    --
    Wer mit Ungeheuern kämpft, mag zusehn, dass er nicht dabei zum Ungeheuer wird. --Nietzsche
  156. moral outrage? contact them by Anonymous Coward · · Score: 0

    Contact us

    By phone :

    * Switchboard: +33 (0)1.64.66.15.97
    * Fax: +33 (0)1.64.66.17.33

    By postal mail :

    TEGAM International France
    Z.A. de l'Epinette
    77603 Bussy St Georges Cedex France

    By email :

    tegamcom@tegam.fr

  157. For those who disagree with exploit code creation by Lifewish · · Score: 1

    ...this is exactly why it's necessary.

    As far as I can tell from the press release, Tegam is stating that they have been the target of an astroturfing campaign making spurious claims about their products. This sounds plausible, but so does the alleged astroturfer's complaints about their software.

    The only way to tell which side is playing silly buggers is by having some kind of example code. If there's code that any owner of the software can run, that demonstrates the weaknesses and thus conclusively proves they exist, then the company can't easily make statements rubbishing claims.

    If there is no such code, and the culture is such that code would be expected, then astroturfing campaigns become obvious. An exploit code culture prevents someone making ludicrous claims without putting their code where their mouth is, *and* it stops companies denying the insecurity of their products. And it achieves both without one having to find a trustworthy expert. What more could you want?

    --
    For the love of God, please learn to spell "ridiculous"!!!
  158. Re-read post... by jrl · · Score: 1

    Did not say patches were harder to find. My definition of an uninformed person is one who is not paying attention to announcements, whether they be advisory announcements or patch announcements.

    These are the people who are affected by the worms which exploit problems that already have vendor patches.

  159. Slander is a very hard case to win by Sycraft-fu · · Score: 1

    Actually libel in this case, since it's of teh written word. However the problem is to win a libel shuit you have to prove three things:

    1) That what was said was false. Ok, no problem (assuming it is false) you show what he did wron,g you've proven this.

    2) That the party saying it KNEW it was false when they said it. Hmmm, much harder. If he screwed up his methodology, it might be arguable that he didn't know what he had a positive belief that what he was saing was true.

    3) That the false information was said (or in this case written) with malicious intent. Oooo, now this is a toughy. You have to prove that the reason for doing it wasn't incompetence or lack of attention, but actual malicious intent.

    So, espically in technical cases, libel or slander can be extremely hard to win. You can prove that a person knowingly made false statements, but fail to prove intent and get nothing for it. You can force them to stop saying false thigns but you can't usually get any money unless you can prove malicious intent.

  160. Not acceptable, not a free speech issue!! by SuperKendall · · Score: 1

    Your problem is that in your zealotry you continue to ignore the topic at hand (Free Speech) to discuss something unrelated. Where I come frorm that's pretty much an Offtopic Troll.

    It is not acceptible to detail people forever on the slightest of evidence, but this is not the place to discuss it, wait until some other story comes up that has closer ties to that issue.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  161. And as long as we're offtopic... by SuperKendall · · Score: 1

    Your government just appointed a man who condones torture to a high position - I think you can expect short thrift for 'Free Speech' for anyone who disagrees with them in the future, whether they're from the chosen people or not.

    Now that just shows a lack of reading comprehension and no understanding for what people in various positions do.

    You obviosuly have never had contact with a lawyer. The government has just appointed a man who was toold to look over the legality of torture and reported what he thought the law sain on the matter. It tells us nothing of his own personal opinion on the matter. Or are you of the mindset that all trial lawyers working for people accused of murder also condone murder? Your hate colored glasses confuse all you see.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  162. You should have upped the ante by Anonymous Coward · · Score: 0

    "This US company claimed because I had exploit code, "

    You should have upped the ante, gone after them for defamation, made a big fuss of this company using trivial encryption for critical systems. Complained to the credit card companies and had their credit card merchant account cancelled. Told CNN etc.

  163. Did you read what he did? by dbacher · · Score: 1

    OK guys, put down your stupid "this is a college kid, etc. etc. etc." stuff for a second...

    If you find a vulnerability in a virus scanner, there are a few ways you can deal with it.

    1. You can contact the package's maintainers and ask for them to correct the bug. You can inform them of the vulnerability, and give them time to fix it.

    2. You can report it to a service that will report it to the package's maintainers and provide a brief synapsis.

    3. You can ignore it and pretend it doesn't exist.

    If yuo do any of these things, or even write a magazine article or trade publication where you talk about the weakness, you're OK (although any reputable publication will inform the package's maintainers).

    What this "kid" did wasn't any of these. He wrote code to exploit the vulnerability -- also known as a proof of concept -- then posted it to the public internet, so that all these nice people who bring us viruses such as Code Red, Netsky, Beagle, etc. can write lovely programs that disable end-user's virus scanners.

    This is a totally irresponsible and unacceptable way of reporting a vulnerability. It's the wrong way of doing it, in that you've not given the package's maintainers any time to do anything about the problem, and you've not informed any of the package's users about the problem.

    The only people you've informed, in fact, are the bad guys who will use it to attack people's computers.

    There is no way this benefits the users.

    There is no way this benefits the package maintainers.

    There is no way this benefits the public internet.

    I'm sick of "this is going to improve the product quality." Telling the people who maintain a package -- be it OSS or Commercial -- improves the product. Posting code to exploit a vulnerability hurts users, hurts system administrators and helps all these people trying to install spyware, trojans, worms and viruses on end user's systems.

    Get a clue -- posting code to an exploit helps nobody, send it to the company writing the scanner quietly, discreetly. Report it to a security website that reports such things if your paranoid, but don't post the exploit on the public internet where the bad guys can get at it.

    The assumption is if you are demonstratably doing things that help only the bad guys (as this kid was), that you therefore must be a bad guy.

    And it's a valid assumption -- take a look at whose being arrested, you see 40-50 year old white men being taken to jail for writing viruses, or do you see snot-nosed college students without a clue in their head.

    Not a researcher -- a researcher doesn't post source code to an exploit to the public internet.

    --
    If your code is acting bloated, and is running rather slow, it's likely and predicted that some loops you will unroll.
    1. Re:Did you read what he did? by DarkKnightRadick · · Score: 1

      I agree, this was totally irresponsible, although I think the damages might be excessive.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
  164. Re:This would set a terrible precedent (in France. by Sylver+Dragon · · Score: 1

    I always liked the line my friend's father used when his kids threw a fit about something like this, "If you don't stop crying, I'll give you a reson to cry." In other words, shut up, do it, or you'll get spanked.
    I think there is a good place in tort law for this sort of thing. If you file a suit, where it's obvious, to a reasonable person, that you are just throwing a fit with no merit, you should be slapped down, and hard. Sueing someone over exposing your flaws sounds like a good start. Not only should the case be thrown out, but the company should have to pay this guy the 900,000 they are after him for. And, since there is a criminal suit against the guy, the company CEO and board members should be tossed in jail for whatever term this guy might be on the hook for.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  165. Contracts/EULAs don't protect criminals... by davecb · · Score: 1
    sjames writes: Actually, that's a strongly contested issue in law right now. Some maintain that because the license is hidden away inside the box, it carrys no force and first sale applies...

    Some years ago, a CP/M modem program had a license which prohibited reverse engineering or disclosing anything about the program. Inspection proved that it was in fact a stolen copy of another modem program.

    A purchaser reported this to the police, who promptly contacted the company that it had been stolen from, and prosecuted the thieves. They claimed the reverse engineering was illegal, but the court ruled that the contract was void, as it required the ultimate customer to break the law by keeping the theft a secret. It was therefor null and void.

    If the anti-virus company was requiring the users to hide the fact the program was "not suitable for the purpose sold", then they arguably were demanding the users to enter into a criminal conspiracy in restraint of trade.

    Users of such programs may wish to speak to their solicitors, lest by obeying the contract terms they inadvertently commit an offense (;-))

    --dave

    --
    davecb@spamcop.net
    1. Re:Contracts/EULAs don't protect criminals... by Anonymous Coward · · Score: 0

      Copyright infringement is not theft. It's copyright infringement. Different laws, different consequences, different terms.

    2. Re:Contracts/EULAs don't protect criminals... by davecb · · Score: 1

      I think you're replying to another's posting: I was accusing the antivirus company of conspiracy in restraint of trade (:-))

      --
      davecb@spamcop.net
    3. Re:Contracts/EULAs don't protect criminals... by Anonymous Coward · · Score: 0

      When you said: Inspection proved that it was in fact a stolen copy of another modem program.

      Did you actually mean that somebody broke into the office where it was programmed, and removed something that didn't belong to them? Or did you mean that somebody illegally copied something?

      Copyright infringement isn't theft. You seemed to be using the word "theft" when what you actually meant was "copyright infringement".

    4. Re:Contracts/EULAs don't protect criminals... by davecb · · Score: 1
      It was prosecuted as theft and posession of stolen property. Copyright didn't enter the discussion. From memory, the vendor plead guilty to posession of stolen property and was fined.

      --dave

      --
      davecb@spamcop.net
    5. Re:Contracts/EULAs don't protect criminals... by Anonymous Coward · · Score: 0

      the vendor plead guilty to posession of stolen property and was fined.

      I assume from your link that you are talking about the USA? The prosecution didn't have a leg to stand on, the vendor shouldn't have pled guilty. Copyright infringement is not theft. Look up Dowling vs US, 1985, where the Supreme Court made this clear.

    6. Re:Contracts/EULAs don't protect criminals... by davecb · · Score: 1
      It happened to be Canada, but the nature of the charge is really a side point.

      The vendor's lawyer probably could have won that battle, but be dragged right back into court by the crown adding a copyright charge, and would then have lost. So it was better to cop a plea **before** they pissed off the crown attorney (the District Attorney in the US).

      The important part is that the defence using the contract failed miserably,and should arguably fail the same way in the US.

      In addition, one might usefully ask if the EULA, contract or other licence requires one to break the law, including inadvertantly joining a criminal conspiracy to keep bugs a secret.

      --dave

      --
      davecb@spamcop.net
  166. heh by Anonymous Coward · · Score: 0

    screw them all, quit trying to be all holy and just post it as the latest root kit then watch their happy ass squirm

  167. off-topic... by guet · · Score: 1

    I'm not your original anonymous zealot, obviously just another one ;) I certainly don't feel hateful and twisted, but hey, it's the internet, sometimes things get misread. Frankly though, the ad-hominem attacks are misplaced.

    You obviosuly have never had contact with a lawyer. The government has just appointed a man who was toold to look over the legality of torture

    Whilst it's perfectly possible to write a report on the feasibility of a certain decision and not agree with it, I was going by the way he (Alberto Gonzales) encouraged the Bush regime to legitimise torture, and twisted the spirit of international law to do so by inventing a new category of combatant. To say that interrogation must include :

    "injury such as death, organ failure, or serious impairment of body functions--in order to constitute torture."

    is quite a strong position, and not one I'd be comfortable with a government which had control over me espousing; he's saying that regular beatings and psychological torture or humiliation don't count. Couple that with the fact that you can be detained without reason other than the suspicion of links to terrorism, and the government has now arrogated a lot of power in a very short time. They show no sign of slowing down.

    For him to say that the new war on terror renders quaint some of its [the Geneva Conventions'] provisions shows that he is willing to sacrifice morality and play dirty to get results - like many of the other players in this current war. Though war is often corrosive of people's morals, and a little moral slippage is inevitable, the slide into McCarthyism (Axis of Evil, etc etc) of the current US administration, and even the populace, would have stopped me long ago crowing about the Freedom of U.S. Citizens - I think that's what the original poster took exception to.

  168. Again, it's rading what the law says by SuperKendall · · Score: 1

    AGain, he's just trying to define what the law is actually saying - but noting what constitutes torture he's laying out what international law explicitly dictates, not what he would like it to say. Then he as (as the job requires) listing other things it does not say.

    If you can point me to a source that says he fully condones forms of torture not explicity outlawed by international law, that would be one thing. But again you really cannot derive any full knowledge of his personal take on the matter from a document he was assigned to draft as a lawyer. He is just explaining in plainer terms what they law says and what it does not say.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  169. Duh by Anonymous Coward · · Score: 0
    I find it ironic that people who are learning the language will often humbly apologise for their errors, but when you correct a native speaker (who should know better) they get indignant.

    This is hardly surprising. Native speakers are supposed to know their language. They sort of represent the standard for "good enough". Most native speakers like to think that they master their mother tongue well enough. Anyone who challenges that belief is considered nasty, elitist, pedandic, arrogant, whatnot.

    Besides, the line between justified critisism and petty nit-picking is rather fuzzy. If you pick on speling errors, there will always be someone who considers that pedantic.

  170. Good thing you didn't RTFA. by Anonymous Coward · · Score: 0

    Otherwise you might be +1 well informed.

  171. WARNING - Bad joke is about to be made by slargpdx · · Score: 1

    Me like you post. It funny and smart. You smart.

  172. Posted by an AC..gee, I wonder why.

    I like how you signed your message though -- as I assumed it had come from an idiot.

    Inject.