Slashdot Mirror


Is Microsoft Using RIAA Legal Tactics?

Nom du Keyboard writes, "CNET reports, 'Microsoft has filed a federal lawsuit against an alleged hacker who broke through its copy protection technology, charging that the mystery developer somehow gained access to its copyrighted source code.' Looks to me like since they can't figure out how else he's doing it, they'll sue on this pretense and go fishing for the actual method through the legal system. They clearly have no proof yet that any theft of source code actually happened. This smacks of the RIAA tactics of sue first, then force you to hand over your hard drive to incriminate yourself. Isn't this something the courts should be putting a stop to at the first motion for dismissal?" Viodentia has denied using any proprietary source code, according to CNET.

239 comments

  1. Why is it so hard? by soft_guy · · Score: 2, Interesting

    Why is it so hard to believe that he read the assembly and figured out how to crack the DRM from that?

    --
    Avoid Missing Ball for High Score
    1. Re:Why is it so hard? by saleenS281 · · Score: 1, Insightful

      Well... if Microsoft's coders were convinced it was uncrackable with access to the source code... of course they think it's impossible for someone to do it without.

    2. Re:Why is it so hard? by musikit · · Score: 4, Interesting

      because windows is so complex not even MS can figure it out. they dont think this dude could.

    3. Re:Why is it so hard? by psycln · · Score: 1

      1) Find DRM enforcing dll/exe. 2) Reverse engineer the code with Win32 PE Disassembler or any other disassembler. 3) Make a program that would decode the DRMed file using knowledge from (2). 4) Publish code 5) ???? 6) Pro^H^H^HGet sued

    4. Re:Why is it so hard? by IAmTheDave · · Score: 4, Insightful

      Which makes this more like Apple then the RIAA. Apple sued various rumor sites to try to fish out a leak in their own organization. MS wants to sue to figure out how their information was broken.

      Although it's not like MS and Apple aren't, the RIAA is simply interested in money and control, not information. This isn't RIAA style extortion so much as Apple style ass-backwards investigatory tactics.

      --
      Excuse my speling.
      Making The Bar Project
    5. Re:Why is it so hard? by Overly+Critical+Guy · · Score: 4, Insightful

      For those who might think the parent is a troll, MS developers really do have trouble understanding Windows.

      --
      "Sufferin' succotash."
    6. Re:Why is it so hard? by rvw · · Score: 5, Insightful

      Shouldn't DRM be uncrackable even with access to source code? Just like open source encryption methods?

    7. Re:Why is it so hard? by LifesABeach · · Score: 1

      Maybe the use of a 'Disassembler'? You got to figure that there are not that many C++ compilers out there. That the C++ compiler used is publicly known. All one has to do is duplicate the compile method, duplicate the programming style, and BANG reverse engineer.

    8. Re:Why is it so hard? by kirun · · Score: 1

      Encryption works on a metaphor of sending a locked box to somebody that has the key, and wanting them to have the contents. DRM works on the basis of sending somebody the lock and the key, and asking them nicely to not take the goods once the box has been unlocked. Software DRM is always ultimately crackable by intercepting the unlocked item - that's why hardware solutions are being forced upon us.

      --
      I'm scared of numbers that can't be written as a fraction. It's an irrational fear.
    9. Re:Why is it so hard? by mackyrae · · Score: 1

      Good call. Windows code is too complicated. It's not the components themselves, it's their interdependencies. An architectural diagram of Windows would suggest there are more than 50 dependency layers (never mind that there also exist circular dependencies). After working in Windows for five years, you understand only, say, two of them. Add to this the fact that building Windows on a dual-proc dev box takes nearly 24 hours, and you'll be slow enough to drive Miss Daisy. ^^^wow...that (almost) made sense, but the "why" didn't even come close

      --
      look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
    10. Re:Why is it so hard? by StikyPad · · Score: 1

      Not really. DRM is sort of a conflict of interest, in that the user is *supposed* to be able to decrypt the media to use it, which means the key is floating around there somewhere in RAM. Until decryption is done in hardware, it will always be crackable. Things like HDCP are designed to keep the signal encrypted all along the path, however there's little reason to believe that even this will be successful in the long run. It only takes one motivated individual and/or one mistake by a manufacturer to crack the whole thing wide open. And when decryption is done in hardware, it's almost impossible to close the hole. Sure, keys can be revoked, but it's a) immoral at best, illegal/bad faith at worst, to disable a whole set of perfectly good hardware that people have purchased, and b) all titles released before the revokation would still be vulnerable.

      See also: DeCSS.

    11. Re:Why is it so hard? by xiphoris · · Score: 5, Informative

      Shouldn't DRM be uncrackable even with access to source code?

      Quite the contrary -- all DRM should be crackable even without access to the source code.

      Ultimately, if you have the ability to "play" the content, you can beat the DRM -- because that's what playing the content is, decrypting it. If you (your computer) can decrypt the content, then you can decrypt the content. Simple!

      The distinction between which program on your computer can decrypt the content is *solely* one of obscurity and not one of encryption at all. You have the encryption key -- you can decrypt the content -- the only thing that's preventing it is obscurity of the location of the key, and the methods of the encryption algorithm. Both of those are Security Through Obscurity and are a bad thing. It's also why DRM will never actually work until the hardware gets on board.

      Because you always have the key, you can always decrypt it.

    12. Re:Why is it so hard? by Almahtar · · Score: 1

      I'd mod you up in a second if I had mod points. Yes, it should. If it isn't, perhaps one should divert the money spent on glossing over its insufficiencies to RnD to actually solve them.

    13. Re:Why is it so hard? by Almahtar · · Score: 1

      They should hire him :-)

    14. Re:Why is it so hard? by phagstrom · · Score: 1

      Dammit - you ruined the illusion. The lawsuit from MS to you is in the mail.

      But really - DRM can always be bypassed, since it can be played. There is always the analog hole (http://en.wikipedia.org/wiki/Analog_hole/)

    15. Re:Why is it so hard? by Digital+Vomit · · Score: 1

      That's a really interesting link.

      Also, the author seems to suffer from the same random bolding of words while writing that I do. Interesting...

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    16. Re:Why is it so hard? by X86Daddy · · Score: 1

      Shouldn't DRM be uncrackable even with access to source code? Just like open source encryption methods?

      Here's another thought: copyright is an agreement set up by congress, on the people's behalf, to temporarily limit our natural right to copy any form of information in exchange to the artists, etc... for a form of exclusive legal copying for the sake of gaining income from their efforts (thus encouraging more such efforts). The limited time aspect is specified clearly, although our "representatives" have repeatedly retroactively extended it, making a mockery of our founding documents.

      I assert that any DRM system that does not include an "expiration" system to make the information copyable again thereby delivering it to the public domain, per the agreement that is the copyright system, has broken the copyright concept and is therefore not eligible for copyright protection. All known DRM voids the copyright protection of the work it is applied to. Even if you don't agree, "uncrackable" DRM would most definitely break the convention of copyright, as written into law. I'd absolutely love to see a challenge to the DMCA, etc... on these grounds.

    17. Re:Why is it so hard? by canuck57 · · Score: 1
      Shouldn't DRM be uncrackable even with access to source code? Just like open source encryption methods?

      If it was designed by a competent organization, was truly meant to be unbreakable; such an encryption method would be quite effective and difficult to break even with the source code . Except for the low tech method below, quite effective.

      The real issue is current DRM methods are not really encryption at all. Look at current methods of encryption as encoding. Encoding is different than encryption as all encoding does is translating the source data from its native state to a seemingly obfuscated state using a known formula.

      In more laymen's terms current encoding methods are like locking your car door with a piece of cellophane tape leaving the keys inside.

      But no mater how effective DRM becomes, there is nothing to stop the low tech way of copying the tunes. Simply play it off a licensed machine and record it going to analog speakers storing it unencoded and unencrypted. Yes, some loss occurs but not that much if done correctly. Probably in part why they didn't spend the money on real encryption in the first place. It is too easy to bypass.

  2. RIAA's Legal Tactics by eldavojohn · · Score: 5, Funny
    I've read a lot of cases about the RIAA in court and I have to say there's some common tactics that this article doesn't mention:
    1. Prior to the trial, make sure that the judge realizes that your wife, daughter and grandmother are available for him depending on his age preference.
    2. Have the only licensed copy of Photoshop in the world installed on your laptop and present at the trial. Ask the defendent for his IP address during questioning and then add it to a BMP screen shot of some file sharing application with "KAZAA" shakily written at the top of the screen. Make sure that you wipe the drool from the judges mouth when you explain to him that this list is dynamic but you're sure the defendent is guilty. Also, throw his IP address on the Berlin Wall, the cover of Chairman Mao's Red Book & Hitler's armband in his 1936 speech just so the judge realizes the pure evil he's dealing with .
    3. Remind the judge how much you and your industry mean to the American economy. Also remind him who's in charge right now and how important it is that the economy stays in full swing. Carefully explain to him that a successful lawsuit will not help the American economy.
    4. Bring in Senator Ted Stevens as an expert witness on computers and tubes so the judge can understand how both computers and the internet works.
    5. Act like the artists (or in Microsoft's case, developers) are the ones being screwed here. They are the ones that this hacker is stealing from and then show pictures of their families living in the cold run down mansions in Redwood. Also show a picture of Lars Ulrich with a measily pile of only 5 million dollars instead of 6.
    6. Rinse, wash, repeat above card.
    7. Use legions of lawyers to inundate the individual with accusations about his past and his profession.
    8. Bottom line: stear clear of the fact that people pay you money for instances of something that's easily instantiated. Try to blur the concept of physical property versus intellectual property and use bad analogies such as grand theft auto or gas station holdups to the case at hand.
    9. Oh, and stop at nothing to make sure the person is ruined for the rest of their life. Leans on paychecks are a sweel idea as well as restitution through house, car, possessions, etc.
    So, as you can see, Microsoft has a ways to go before meeting the RIAA's stringent legal tactics. Don't worry though, I have faith in Microsoft.
    --
    My work here is dung.
    1. Re:RIAA's Legal Tactics by turgid · · Score: 1

      Also show a picture of Lars Ulrich with a measily pile of only 5 million dollars instead of 6.

      Lars said he was sorry. Poor man. Being bald is enough punishment for him. Leave him be.

    2. Re:RIAA's Legal Tactics by Cheeze · · Score: 1

      Oh please, all the RIAA/MPAA/etc need to do is have one private sentence with the judge:

      "Your honor, your home computer came up in our search, so if this case doesn't go well, we'll be searching your hard drive next."

      --
      Why read the article when I can just make up a snap judgement?
    3. Re:RIAA's Legal Tactics by AnalogDiehard · · Score: 2, Insightful
      I've read a lot of cases about the RIAA in court and I have to say there's some common tactics that this article doesn't mention:

      10. File suit against 5 month old infants, senile great grandmothers, and the deceased.

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    4. Re:RIAA's Legal Tactics by TheSpoom · · Score: 1

      Methinks a judge would not look kindly upon blackmail.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    5. Re:RIAA's Legal Tactics by Cheeze · · Score: 1

      It's not blackmail if a corporation does it.

      --
      Why read the article when I can just make up a snap judgement?
    6. Re:RIAA's Legal Tactics by iminplaya · · Score: 1

      Leave him be.

      Not till hair grows out of his ears and he becomes impotent also.

      --
      What?
    7. Re:RIAA's Legal Tactics by jZnat · · Score: 1

      Lawyers != corporations

      Corporations can always hire more lawyers...

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  3. suprised? by thedrunkensailor · · Score: 0

    the article doesn't state anywhere, "the ethically superior and generous monopoly, microsoft..."

    --
    i support the right to offend.
  4. Tenuous Grounds, IMHO by ackthpt · · Score: 4, Insightful

    Microsoft has released two successive patches aimed at disabling the tool. The first worked--but the hacker, known only by the pseudonym "Viodentia," quickly found a way around the update, the company alleges. Now the company says this was because the hacker had apparently gained access to copyrighted source code unavailable to previous generations of would-be crackers.

    Tenuous grounds -- Microsoft is in effect claiming nobody could have reverse engineered their code, or cracked it, so fast, therefore they must have cheated by having access to Microsoft's original sources. Sounds like a logical assumption, but it's a bit like claiming a driver went from Point A to Point B, 100 miles apart, in one hour must have been speeding, though there was no witness to the driver actually speeding.

    I expect what Microsoft really wants is to find if they have an inside man leaking code. Have to get Viodentia to reveal that by poring over his/her drive, which may yield absolutely nothing and be fairly claimed as harrassment.

    "FairUse4WM has been my own creation, and has never involved Microsoft source code," the developer wrote. "I link with Microsoft's static libraries provided with the compiler and various platform SDK (software development kit) files."

    Sounds almost as if those at Microsoft pursuing this case do not even know what their own library routines may be capapble of.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Tenuous Grounds, IMHO by Rob+T+Firefly · · Score: 4, Insightful
      Sounds like a logical assumption, but it's a bit like claiming a driver went from Point A to Point B, 100 miles apart, in one hour must have been speeding, though there was no witness to the driver actually speeding.
      It's more like claiming a driver who went from point A to point B must have stolen your car to do so, despite the fact that your car is still in your garage.
    2. Re:Tenuous Grounds, IMHO by fleck_99_99 · · Score: 2, Interesting
      Sounds like a logical assumption, but it's a bit like claiming a driver went from Point A to Point B, 100 miles apart, in one hour must have been speeding, though there was no witness to the driver actually speeding.
      I see where you're going with this, and I agree that Microsoft's assertion is invalid, but your assertion would, in fact, be pretty darned compelling evidence. It's called the Mean Value Theorem.
      --
      seven two six five
      seven four six one seven
      two six four two e
    3. Re:Tenuous Grounds, IMHO by eric76 · · Score: 5, Insightful
      but it's a bit like claiming a driver went from Point A to Point B, 100 miles apart, in one hour must have been speeding

      That's nearly right.

      More accurately, it's like claiming someone who managed to cover the distance from Point A to Point B, 100 miles apart, in one hour must have been driving and is therefore guilty of speeding.

    4. Re:Tenuous Grounds, IMHO by Fordiman · · Score: 2, Interesting

      Best quote:
      'Analysts say that "Viodentia" hasn't proved that Microsoft's DRM tools are fundamentally flawed ... Any DRM out there is going to be cracked'

      Sounds like it's not Microsoft's DRM tools that are flawed, but DRM itself.

      Well, duh, guys.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    5. Re:Tenuous Grounds, IMHO by Space+cowboy · · Score: 1

      Sounds like a logical assumption, but it's a bit like claiming a driver went from Point A to Point B, 100 miles apart, in one hour must have been speeding, though there was no witness to the driver actually speeding.

      Well, assuming no weird configurations (it's 100 miles by land but 4 miles by Ferry; points A nd B are airports; etc...), the laws of reality sort of confirm the guy has been speeding. I believe the French police just look at the time on your entrance/exit tickets on their equivalent of (pay-for) freeways...

      Here, on the other hand, the cracker may have found 2 exploits originally, and MS only fixed one of them...

      Simon

      --
      Physicists get Hadrons!
    6. Re:Tenuous Grounds, IMHO by multisync · · Score: 3, Funny
      I expect what Microsoft really wants is to find if they have an inside man leaking code. Have to get Viodentia to reveal that by poring over his/her drive, which may yield absolutely nothing and be fairly claimed as harrassment.


      I have a better solution: hire a private investigator to call his phone company pretending to be him, and get them to release his phone records. Do the same for all of your employee's phone records then match them up.

      It's so simple, I'm surprised no one has thought of it already.
      --
      I don't care why you're posting AC
    7. Re:Tenuous Grounds, IMHO by Alchemar · · Score: 1

      More like he got from Point A to Point B wich are 60 miles apart, but he must have been speeding because everyone gets slowed down somewhere your honor.

    8. Re:Tenuous Grounds, IMHO by LiquidCoooled · · Score: 1

      Not really, unless they can prove there are no other means of transport available to him then he could have got there via alternative means (aircraft, helicopter, rocket etc)
      I believe the speed limit of an aircraft over most land is the speed of sound, so he is ok all the upto ~750mph.

      --
      liqbase :: faster than paper
    9. Re:Tenuous Grounds, IMHO by TubeSteak · · Score: 5, Interesting
      Here's a more relevant quote:
      Microsoft is also contacting other Web sites that have posted the FairUse4WM tool, asking them to remove the software, on the grounds that it contains copyrighted company code.

      Company representatives declined to speculate on exactly how "Viodentia" gained access to copyrighted source code. The code in question is part of a Windows Media software development kit, but is not easily accessible to anyone with a copy of that toolkit, Microsoft said.
      Anyone want to explain the logic behind that statement?

      MS gives out the SDK
      The SDK contains source code that is "not easily accessible"
      Someone accesses the source code.
      MS cries foul!
      --
      [Fuck Beta]
      o0t!
    10. Re:Tenuous Grounds, IMHO by AoT · · Score: 1

      Sounds like a logical assumption, but it's a bit like claiming a driver went from Point A to Point B, 100 miles apart, in one hour must have been speeding, though there was no witness to the driver actually speeding.

      Unless he took a plane, or a fast train.

    11. Re:Tenuous Grounds, IMHO by Anonymous Coward · · Score: 0

      When A and B are Aachen and Berlin (ok, more than 100 miles apart) it should be possible...

    12. Re:Tenuous Grounds, IMHO by arivanov · · Score: 3, Interesting

      You are correct as far as the current crop of security through obscurity DRM is concerned. The next crop coming with Vista and the next MS Office will tie DRM to a crypto module on the motherboard (available in 90% of the PCs coming down the production line today) or to a personal certificate (or both). These will not have these flaws. More importantly with Vista + Fresh MS Office it will be possible to use DRM on MS office documents so RIAA will no longer need to push DRM down our throats. 90%+ of the businesses out there will do that for them as this provides a measure to prevent information leaks and costly disclosures. The DRMless computer will become a rarity in the hands of enthusiasts and the market forces will wipe it out from free circulation. This is not far off - 2-3 years at most.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    13. Re:Tenuous Grounds, IMHO by Morphine007 · · Score: 1

      This is not far off - 2-3 years at most.

      Excellent! I can almost guarantee that when this happens, that when DRM gets to be such a pain in the ass that regular people are bitching about it, a simple phrase uttered in earshot will move mountains:

      "You know... Linux doesn't have any of this DRM shit infecting it"

      ... could be a whole new lease on life for that OS

    14. Re:Tenuous Grounds, IMHO by Orange+Crush · · Score: 2, Funny
      I believe the speed limit of an aircraft over most land is the speed of sound, so he is ok all the upto ~750mph.

      You haven't been to an airport lately, have you? The speed limit through the security line is up to ~1 meter/hour.

    15. Re:Tenuous Grounds, IMHO by r3m0t · · Score: 1

      "Plus Linux can't play your HD-DVDs, Blu-Ray discs, Word documents edited in Office 2007 [perhaps employers will set it to add protection to all files of the new format], nor view many websites! You may not even be able to use your current files!"

      TC -> the end of interoperability.

    16. Re:Tenuous Grounds, IMHO by molarmass192 · · Score: 1

      Well, I can assure you that if the DRM is based solely on a hardware key or checksum, it will be cracked at some point. The only difference is that the crack will happen at the BIOS firmware level rather than the OS level, all this assuming that the BIOS can be flashed ... even then, there may be pure hardware hacks available.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    17. Re:Tenuous Grounds, IMHO by AviLazar · · Score: 1

      Sounds like a logical assumption, but it's a bit like claiming a driver went from Point A to Point B, 100 miles apart, in one hour must have been speeding

      Unless said driver can prove he was flown there (chopper, or plane), or they develop teleporting technology...if you go form Point A to point B in 60 minutes, and said points are 100 miles apart, then yes you had to have been driving at LEAST 100 mph, if not moreeee (due to traffic and lights).

      --

      I mod down so you can mod up. Your welcome.
    18. Re:Tenuous Grounds, IMHO by gstoddart · · Score: 1
      Tenuous grounds -- Microsoft is in effect claiming nobody could have reverse engineered their code, or cracked it, so fast, therefore they must have cheated by having access to Microsoft's original sources. Sounds like a logical assumption, but it's a bit like claiming a driver went from Point A to Point B, 100 miles apart, in one hour must have been speeding, though there was no witness to the driver actually speeding

      Well, in the case of one, there are physical limitations on how you could transport something that distance in that time. So, barring an airlift, teleportation, or large-scale quantum tunnelling, there's only so many explainations on how to move the car that far. Assuming the laws of physics were violated is probably a bad starting premise.

      Saying that nobody could possibly be smart enough to figure out what their DRM is doing, and therefore they had stolen the code is much more than a leap in logic. It's about as specious as it gets. "Your honour, we spent nearly half a billion dollars writing that DRM code, do you think it's possible for a guy with a disassembler, an op-code manual, and a stick of chewing gum to outsmart us?"

      Some clever guy or another in their basement have been outsmarting Microsoft for a couple of decades by now. That's why there's so damned many viruses and exploits which have existed over time.

      Cheers

      --
      Lost at C:>. Found at C.
    19. Re:Tenuous Grounds, IMHO by Anonymous Coward · · Score: 0

      Having worked directly with people who have seen Microsoft's DRM library code and ported it, I'd have to suggest that *not* seeing the source code would frankly be a benefit.

      If the CPU can understand the code there are people out there smart enough to simulate, debug and trap the code that is doing the DRM magic. Microsoft might like you believe that these hackers are stupid, but they are not.

      Meanwhile Microsoft is systematicly screwing over people that adopt their technology, PlaysForSure, PMC, what a crock.

    20. Re:Tenuous Grounds, IMHO by Joe+The+Dragon · · Score: 1

      or apple you know all you have to do is change use drm = 1 to 0 in the file /System/Library/Extensions/do not open.ktext or System/Library/Extensions/do not steal mac osx.ktext

    21. Re:Tenuous Grounds, IMHO by adisakp · · Score: 1

      Actually it's more like like claiming someone who managed to cover the distance from Point A to Point B, 200 miles apart, in four hours is therefore guilty of speeding since the drivers at Microsoft could never drive that distance in that amount of time while going at or under the speed limit because they have to stop for bathroom breaks, a drive-thru at McD's, and to refill the gas tank along the way. They claim it's simply not possible that he was more efficient *AND* legal in his effort.

    22. Re:Tenuous Grounds, IMHO by cayenne8 · · Score: 1
      "So, barring an airlift, teleportation, or large-scale quantum tunnelling, there's only so many explainations on how to move the car that far."

      What if the road in question was the Autobahn, where they have stretches that have no speed limits?

      You can drive well over 100 mph....and not be breaking any speed laws there.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    23. Re:Tenuous Grounds, IMHO by goarilla · · Score: 1

      maybe he was driving on the deutsche autobahn ...

    24. Re:Tenuous Grounds, IMHO by Kjella · · Score: 1

      Well, I can assure you that if the DRM is based solely on a hardware key or checksum, it will be cracked at some point. The only difference is that the crack will happen at the BIOS firmware level rather than the OS level, all this assuming that the BIOS can be flashed ... even then, there may be pure hardware hacks available.

      You have no idea how deep the rabbit hole goes. The BIOS is signed as well so it can be flashed, but unless the mobo company signed it, no TCPA content for you. There's strong digital signatures at every step right back to the TCPA root. What is the TCPA root? It is the hardware chip on the motherboard that'll sign the BIOS, that'll sign the OS, that'll sign the applications, that'll report to the mothership that they've not been compromised. The data is strongly encrypted both in memory and on disk, forget running a debugger or even a rigged memory stick as everything you would find is encrypted garbage. The only "weakness" is that you have the private key embedded in your TCPA chip - a tamper-proof chip designed to self-destruct if someone tries to determine that key. Comparing it to bad sectors and DRM removed with sharpies is like comparing a machine gun to a pea shooter. There's no more 40 bit keys, no more stupid "we'll make our own algorithm". This time around it's technology that'd easily be in a military computer ten years ago. Sure, there might still be a few breaks by exploiting bugs in Vista but trusted root system is solidly built. I'm sorry, but it really is.

      --
      Live today, because you never know what tomorrow brings
    25. Re:Tenuous Grounds, IMHO by StikyPad · · Score: 2, Interesting

      No, no.. it's like a guy going from point A to point B, 100 miles apart, and then saying that since the air freshener is no longer potent.. no, wait. It's like you saw some guy arrive at point B from point A, and assumed that your curvy road was the shortest distance between those two points, but he actually took a helicopter. Wait, even better: It's nothing like cars and/or transportation at all.

    26. Re:Tenuous Grounds, IMHO by arabagast · · Score: 1

      I believe the speed limit of an aircraft over most land is the speed of sound, so he is ok all the upto ~750mph.

      You haven't been to an airport lately, have you? The speed limit through the security line is up to ~1 meter/hour.


      Also, they don't take lightly to taking your car as carry-on. "All carry-on pieces, including laptops, must fit either underneath the seat in front of you or in an overhead bin."

      --
      Doolittle : ...What is your one purpose in life?
      Bomb no.20 : To explode of course.
    27. Re:Tenuous Grounds, IMHO by eric76 · · Score: 1

      You got it exactly right.

    28. Re:Tenuous Grounds, IMHO by Anonymous Coward · · Score: 0

      it's a series of tubes!

    29. Re:Tenuous Grounds, IMHO by Fordiman · · Score: 1

      Feh. Doesn't stop non-corporate machines from breaking the DRM. It's a hardware module, so it has to communicate with software via DMA. Just write a shim driver to copy the decrypted stream. It's more vulnerable, if you can believe it, than doing it in software.

      The only way to lock it down totally would be to make both the monitor's overlay and the sound card's output a black boxed system.

      Meanwhile, if you've got an LCD out on your system, and an SPDIF connector, you can still pull a digital copy off the lines.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    30. Re:Tenuous Grounds, IMHO by Fordiman · · Score: 1

      Plato's quote there is quite correct.

      A lot of people feel this is an argument for anarchy, but I disagree.

      Bad people never act in a socially responsible manner, so laws are irrelevant so far as they are concerned.

      Good people, meanwhile, don't always act in a socially responsible manner. Sometimes convenience is paramount. Sometimes you have a bad day. Laws (should) exist as a way of disincentivizing socially irresponsible behavior. Hence the punishment fitting the crime.

      The real horror is realizing that the good people ARE the bad people, when taken in different situations. This artificial divide between good people and bad is a construct that a sensible person will use to bring a gray system into sharp contrast, in order to bring about action. Hence, politics.

      Meanwhile, the present legal state of affairs completely fails to achieve the disincentivizing effects on many fronts, particularly on the corporate level.

      It's a shame, really.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    31. Re:Tenuous Grounds, IMHO by arminw · · Score: 1

      ....Sure, there might still be a few breaks.....

      It's not that there MIGHT be breaks, but there WIll be. All DRM of every kind size and shape is just another security by obscurity scheme. We all know how secure THAT is. All these gyrations with hardware are efforts to make the existence of and access to the key harder. The fact of the matter is that the user MUST have the key if they are to play the damn content. This means at some point the key must be inserted into the lock and used to unlock the content. Either grabbing the key when it is in the lock, (no matter how obscure they try to make it) or the decoded content will ALWAYS break the DRM. Information theory says that DRM CANNOT work, because it depends on obscurity and that's NOT secure! .. period.

      As long as there is ONE IP address anywhere on the worldwide internet that is outside of the control of the USA, there will be at least one place where the tools needed to break the obscurity model will be found.

      --
      All theory is gray
    32. Re:Tenuous Grounds, IMHO by gstoddart · · Score: 1
      What if the road in question was the Autobahn, where they have stretches that have no speed limits?

      You can drive well over 100 mph....and not be breaking any speed laws there.

      Again, I ask WTF does calculation of velocity have to do with the assertion that in order to crack their DRM, he had access to the code???

      So, you establish a car physically had to travel at 100+ mph in order to travel from A to B in the time of 1 hour; which may or may not be illegal. I assert that doesn't imply you went outside the laws of physics. What Microsoft is doing is the equivelant of saying "since he drove at over 100+ mph, he also stopped and raped several young boys along the way".

      It's specious, unfounded, and is a leap of logic. They're basically saying their code is so l337, no mortal could have broken it without having had access to the source. I call bullshit.

      And, for the record, the air speed of swallows (laden and unladen, African or European) is also unrelated to the topic.

      Cheers
      --
      Lost at C:>. Found at C.
    33. Re:Tenuous Grounds, IMHO by internewt · · Score: 1
      Wait, even better: It's nothing like cars and/or transportation at all.

      Yeah, car analogies break down.

      --
      Car analogies break down.
    34. Re:Tenuous Grounds, IMHO by Monchanger · · Score: 1
      must have stolen your car to do so, despite the fact that your car is still in your garage

      No. Cars can't be in two places at the same time the way source code can. That, and the odometer would register the difference.

      There really isn't much of an analogy here, since there's nothing quite like source code. Non-physical goods usually involve identifiable use of the original (music sampling, patent violation). In source code, you can use the original, make it look like you didn't, and get rid of the evidence.

      Looks like it's time to make more poorly thought-out and ambiguous laws, get Microsoft's security beefed up, or switch to open source. Sadly, the worst case (i.e. the first) is the most likely to happen.
    35. Re:Tenuous Grounds, IMHO by Anonymous Coward · · Score: 0

      Sound still has to go to the sound card and ouput through the speakers. If you can't rip from motherboard memory, rip at the sound card memory buffer or the output to the speakers. It's not like my logitech, THX certified, Dolby Digital speakers are receiving an analog signal, now is it. If I want to rip digital, I can rip anywhere along the path from the CD drive to final output.

    36. Re:Tenuous Grounds, IMHO by Rob+T+Firefly · · Score: 1

      Good point. The lack of workable analogy here is like throwing a barbecue and running out of ketchup.

    37. Re:Tenuous Grounds, IMHO by StikyPad · · Score: 1

      Gotta love the high octane humor.

  5. gnireenignE by burndive · · Score: 3, Interesting

    Wouldn't this fall under the category of reverse engineering for interoperability? As long as he isn't re-publishing copyrighted code, I don't see what their problem is.

    IIRC, The program doesn't even circumvent the DRM, it just waits for WMP to do it, and then reads some of its memory.

    --
    ...because "hacker" sounds way sexier than "code drone."
    1. Re:gnireenignE by MBGMorden · · Score: 1

      IIRC, The program doesn't even circumvent the DRM, it just waits for WMP to do it, and then reads some of its memory.

      Oh come on :). That's circumvention. I personally HATE DRM and certainly don't mind cracking it on whatever files I have, but lets not muddy the waters that would be like saying:

      "I didn't even circumvent the security system. I just cut the blue wire and the alarm happened to not go off."

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    2. Re:gnireenignE by cayenne8 · · Score: 4, Interesting
      "IIRC, The program doesn't even circumvent the DRM, it just waits for WMP to do it, and then reads some of its memory."

      I dunno...there was a slashdot discussion with an argument similar to this. He did not technically crack or break any DRM. The WMP by nature decrypts the file, in order to play it. Now, right after WMP decrypts it...it is a file in memory just like any other file/code, and I don't know of any rules or laws out there that say what you can or cannot do to any bit of data in memory...especially if it is in a decoded, freely readable format. Are you 'forced' to play it through the speakers? What legally keeps you from directing that data to another file, or hell...to the printer if you saw fit?

      It seems the legalese people try to argue this kind of crap to the letter of the law. And from what the DMCA seems to rule against is cracking the DRM on a file...but, I see nothing in it saying what you can or cannot do with the data once the DRM has been legally removed.

      I think by definition, while yes you may have circumvented the way someone intended you to use the system...you in fact have not circumvented the DRM itself, and I think that is what the DMCA specifically tries to outlaw.

      At the very least..like another poster said, couldn't this be defended as a way to allow interoperability with other applications/oses and the like, which DMCA does allow?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:gnireenignE by KC7JHO · · Score: 1

      No that is actually more like waiting till some one else opens the door and you sticking your foot in it to keep it from closing. ;)

    4. Re:gnireenignE by burndive · · Score: 1
      "I didn't even circumvent the security system. I just cut the blue wire and the alarm happened to not go off."

      Please explain to me the findamental difference between this and the analog hole.

      In both cases, content is passed unencrypted in a space accessible to the end user. My computer belongs to me, and I have the right to read anything that gets written to its RAM, just as I have a right to read the data that gets output to my speakers, written onto my CD-R, or output to my sound card. If doing so enables me to take advantage of fair use (in order to be enabled to play the media on the device of my choice) then I have no qualms with doing so.

      This issue is entirely separate from that of subsequent distribution of the content. That would be copyright infringement.

      Note: I don't have any DRM'd media.

      --
      ...because "hacker" sounds way sexier than "code drone."
    5. Re:gnireenignE by burndive · · Score: 1
      No that is actually more like waiting till some one else opens the door and you sticking your foot in it to keep it from closing. ;)

      It's more like waiting for someone to open the door, and then taking a picture of what's inside through the open door with your telephoto lens. On your own property.

      --
      ...because "hacker" sounds way sexier than "code drone."
    6. Re:gnireenignE by iluvcapra · · Score: 1
      The WMP by nature decrypts the file, in order to play it. Now, right after WMP decrypts it...it is a file in memory just like any other file/code, and I don't know of any rules or laws out there that say what you can or cannot do to any bit of data in memory...especially if it is in a decoded, freely readable format. Are you 'forced' to play it through the speakers?

      I don't know how it works, but it may only decrypt the audio block-by-block or frame-by-frame, meaning that any de-DRMing process you do would have to happen in real time, just like plugging a DAT recorder into your computer's S/PDIF out. The fact that it's real time is enough of a dis-incentive to keep people from stripping the DRM from files, just as it is technically possible to burn a CD from the iTUnes music store and rip it, to remove DRM. Too many steps and too inconvenient to cost the copyright holders enough money to bother protecting against it. For now.

      For video, of course, they see this as a problem, so there is HDCP and protected data channels and revokable certificates on your TV set in case you try crack it open and turn it "rogue".

      --
      Don't blame me, I voted for Baltar.
    7. Re:gnireenignE by Anonymous Coward · · Score: 0

      Mod parent up.

    8. Re:gnireenignE by Domstersch · · Score: 1

      Bad analogy time. Really bad analogy.

      There's an episode of the most excellent Trailer Park Boys in which Ricky, one of the protagonists, pulls a stunt that's analogous. He has someone take lawn furniture and the like from peoples yards and place it on the side of the footpath. Now, he muses, it's just garbage, and he can take it away. It's not (very) illegal to move the furniture around someone's yard, and it's not (very) illegal to take away garbage. So, he claims, he's not stealing.

      The flaw in this scheme is similar to how the argument from the *IAA will go. Putting the decrypted file in memory (by playing it) certainly isn't circumventing DRM, reading from some area in memory and writing to the HD certainly isn't circumventing DRM. But that's not what's important: the overall outcome of the two processes put together is the circumvention of DRM, just as putting Ricky's processes together is, well, stealing lawn furniture.

      --
      =w=
    9. Re:gnireenignE by dhasenan · · Score: 1

      Let's try extending the analogy.

      Someone's building lawn furniture according to the plans you bought for them (patented plans, but you licensed the patents), and they're doing it on your property using materials and tools that you own. You're supposed to enjoy the lawn furniture, but only on the lawn; to make sure this happens, the person locks up the furniture until you want to use it.

      You want to use the furniture in your house. So you say you want to use it on the lawn and (given that this furniture-building tenant is quite absent-minded) take it into your living room when his back is turned.

      That won't, of course, fly with the RIAA, nor with most any court they choose. But if you're not uploading anything, you only have to worry about their false positive rate. And then you have more urgent and probable things to worry about, such as getting in a car accident.

    10. Re:gnireenignE by Domstersch · · Score: 1

      This is all very true. Breaking of DRM can be, morally, quite agreeable. I just wanted to point out that, in the US at least, it's illegal regardless of whether you're going the whole hog in one bound (DeCSS, say), or performing a (in other circumstances) legal process that has the same outcome. The ends of the process, not the means, define what the process is.

      My democratic representatives, thank goodness, have never considered legislation of this sort. So, in the meantime at least, I can circumvent away in order to support my free use.

      --
      =w=
    11. Re:gnireenignE by Anonymous Coward · · Score: 0

      I posted to Microsoft forums around ten years ago that the only way to solve this problem was to have every component used in the process support the encryption. All the way from the CD drive to the speaker output. This problem can't be solved using software, all the hardware involved must support the DRM. For instance Soundblaster cards used to have (and probably still do) a software program setting to rip "What you hear." to a .wav file, which can then be converted into whatever format you wish. If I can't rip it at the CD I'll rip it from memory or at the sound card and failing all else use an analog rip. I personally refuse to purchase multiple licenses to music I've already paid good money for just to listen to it in another format. I bought records, tapes, upgraded to CD's and I refuse to spend another dime on any other format. They keep spouting this you don't own it, your licensing it crap. If that's the case, while on vacation the AC in my trailer died over 20 years ago and every record I had sitting upright on the shelves warped. At that time my only recourse was to repurchase everything on CD and I'll never purchase a license to listen to those songs again. They drew the line, I stepped across it. If that makes me an outlaw, so be it.
      If I've bought the license, I want a goddamned license to listen to the music in any format I wish. Fuck Napster, iTunes, Microsoft, Real, Quicktime yada yada!!! Take those CD's and shove em up your ass RIAA. I want a scrap of paper that says I've the right to listen to the music I've purchased. I want a certificate I can stick in a safe deposit box and hand down to my progeny till time stands still.

    12. Re:gnireenignE by Anonymous Coward · · Score: 0

      I'm sorry - this is/. - can we have a car analogy, please?

  6. well... by skogs · · Score: 4, Insightful

    What I take from this is the following:

    Even WITH the source code microsoft cannot figure out how their code works and issue patches...so how would they be able to tell if some 'hacker' is really hacking their ultra secure corporate network? What do they do when third parties issue unofficial patches for IE? Are they going to start filing lawsuits against the white hats too as they might have figured something out on their own?

    I am neither for or against hacking DRM and such, but honestly, assuming somebody hacked their way in and stole source code is a little bit harder to believe than simply figuring out a way around what I'm sure is an elementary DRM code. Poking and testing is easy to do, hacking, finding, downloading, and analysing source code is probably adding a bit more effort to the process than most guys trying to beat DRM are willing to go through.

    The simplest explanation is usually the correct one. If he just plain figured it out by trying several different things, I'm inclined to believe him.

    --
    Who is this that even the wind and the waves obey Him? Surely this computer must submit also!
    1. Re:well... by Gazzonyx · · Score: 1
      Even WITH the source code microsoft cannot figure out how their code works and issue patches...
      I completely understand their position; I, too, have read the MSDN looking for sensical documentation.
      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

  7. Viodentia motive? by Cybert4 · · Score: 1

    Can some clue me in on the motive of Viodentia? Do they want donations? Do they have anything to sell? Ads? If they make any profit at all (donations are cool, however), then I will very quickly leave their side.

    People don't usually crack things in record time without a motivation.

    1. Re:Viodentia motive? by Anonymous Coward · · Score: 0

      People don't usually crack things in record time without a motivation.

      Don't underestimate the 1337 factor here. Peer recognition has always been a primary motivator among fellow hackers.

    2. Re:Viodentia motive? by geekoid · · Score: 2, Insightful

      because it was there.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Viodentia motive? by Aditi.Tuteja · · Score: 3, Informative

      Microsoft is after FairUse4WM, a lone programmer who calls himself Viodentia. FairUse4WMV was first released by Viodentia on the Internet on August 19. Engadget first broke the story on August 25th. Microsoft released its first fix on August 28, but that was thwarted three days later by the release of an updated version of FairUse4WM. As of this posting, no new Microsoft fix has been released. In the mean time broadcaster BSkyB has stopped its broadband movie download service until Microsoft secures its DRM system. Other content download services such as Movielink, RealNetworks and MTVs Urge service use Microsoft's PlayforSure technology and are equally vulnerable!!!

    4. Re:Viodentia motive? by Anonymous Coward · · Score: 0

      hahaha fixed yer sig eh?

  8. SCO? by Sketch · · Score: 2, Insightful

    > Tenuous grounds -- Microsoft is in effect claiming nobody could have reverse engineered their code, or cracked it, so fast, therefore they must have cheated by having access to Microsoft's original sources.

    Sounds more like SCO's tactics than the RIAA's...

    --
    -- OpenVerse Visual Chat: http://openverse.com
    1. Re:SCO? by neoform · · Score: 2, Interesting

      This is actually a pretty common tactic. I was sued half a year ago by a former employer who believed i had stolen their code. They had the most horrible evidence that anyone who knew anything about computers would have known to be bullshit, but the judge didn't know a mouse from a monitor so he granted a search and ceasure, lucky me, they got to confiscate my computers for 2 months AND got to poke around throught all my files. Of course the judge didn't give two shits that i work from home and need my computers to earn a living as a contractor..

      --
      MABASPLOOM!
    2. Re:SCO? by iminplaya · · Score: 1

      Sounds even more like the government's tactics for holding people at Guantanamo, and other prisons, or for starting wars. Tenuous indeedy. MS is just following the lead. Kind of a herding instinct thing going on. Disturbing, but not surprising. So, anybody think that this year's election will be the beginning of a turnaround? Or more of the same ol' same ol'? United consumer revolt? Outlook not so good. It's just not on the radar. Yeah, I'm a pessimist. Prove me wrong in a little over a month. I dare ya.

      --
      What?
  9. 5th amendment? by gfilion · · Score: 1

    This smacks of the RIAA tactics of sue first, then force you to hand over your hard drive to incriminate yourself.

    Wouldn't that violate the 5th amendment?

    No person shall [...] be compelled in any criminal case to be a witness against himself

    I'm not trolling about the RIAA violating the constitution, I'm really interested in knowing if the 5th would apply here.

    1. Re:5th amendment? by Rydia · · Score: 1

      Generally, if the production of the documents would be "testamonial," then they cannot be discovered. Note that the contents of the documents themselves can never be testimonial: only the act of production can be. Furthermore, if the existence of something is a "foregone conclusion," then it is likewise not testimonial. Also considered is the doctrine of inevitable discovery; in this case, if other routes of investigation would have made the documents' existence a foregone conclusion, they would likewise be produced.

      That's the short version of it, at least.

    2. Re:5th amendment? by Anonymous Coward · · Score: 1, Informative

      Since a hard drive is not a person, and more specifically, not a US Citizen, it does not have the right to refuse to testify, and may therefore be sequestered as evidence.

    3. Re:5th amendment? by Anonymous Coward · · Score: 0

      Fifth amendment only covers criminal cases, not civil. In civil cases, you're really supposed to turn over all requested documents, except for privileged attorney-client communications. Otherwise you could never prove a case.

      I don't know what the rules are in criminal cases -- I think law enforcement simply collects incriminating evidence; I don't know what the rules are involving compelling defendants to turn over evidence.

      Is this case civil or criminal?

    4. Re:5th amendment? by Anonymous Coward · · Score: 0

      Parent comment is funny. But consider if you had encrypted your hard drive. In the U.S. your 5th amendment rights state that you cannot not be compelled to produce the password on the grounds that you might incriminate yourself. In other countries, like the U.K., you're SOL.

    5. Re:5th amendment? by Nosajjason · · Score: 2, Informative

      The 5th Amendment typically only applies in "criminal cases" (i.e. jail time and/or fine) but can be invoked in civil cases (i.e. injunction and/or damages suffered) when the testimony the witness is asked to offer would be incriminating against him.
      Additionally, the production of physical evidence (gun, blood sample, computer, etc.) is not considered to be "testifying." Under the 5th, you cannot be forced to "testify" (verbally) against yourself. However, the government (in criminal cases) and parties (civil cases) can still obtain all physical evidence which is relevant OR is likely to lead to relevant evidence.

    6. Re:5th amendment? by brunascle · · Score: 1
      Is this case civil or criminal?
      since it's been identified as a "lawsuit", rather than "criminal charges", that would mean civil. So, yeah, i dont think the 5th amendment would apply.
    7. Re:5th amendment? by Si · · Score: 1

      Which is why we're all using truecrypt hidden volumes, right? Right?

      --


      Why is it that many people who claim to support standards have such atrocious spelling and grammar?
    8. Re:5th amendment? by FellowConspirator · · Score: 4, Interesting

      The 5th Amendment would not generally apply, since it's a copyright infringement claim and thus not a criminal offense. The 5th Amendment pertains to crimes, not torts. Further, the 5th Amendment is understood to refer to the government compelling you to implicate yourself through testimony, not a third party or through evidence.

      That said, the as-of-yet-unchallenged Digital Millennium Copyright Act clearly makes "access" to copyrighted works without a license illegal if they are "digital". Under that law, "access" to "digital" copyrighted works is indeed a crime. In that case, if the government got involved in the prosecution the 5th Amendment may very well apply with regard to whatever testimony you give.

    9. Re:5th amendment? by 91degrees · · Score: 1

      In other countries, like the U.K., you're SOL.

      I'm not sure...

      In a criminal case, being prosecuted by police, where the penalty is less than 2 years, then yes. They can use the RIP Act. But there is a protection from self incrimination in the Human Rights Act. It may well be legitimate to refuse to supply information in a civil case if that information may be used to incriminate oneself in a crime.

      Of course, by doing this, you're removing some evidence that may be beneficial to yourself in the civil suit.

    10. Re:5th amendment? by Anonymous Coward · · Score: 0

      That assumes that the constitution still has some relevancy in the US. I'm not convinced of that....

    11. Re:5th amendment? by Anonymous Coward · · Score: 0

      The 5th Amendment says nothing about protecting you from your hard drive's contents incriminating you. You don't have to be a witness against yourself, but your personal possessions can serve as evidence. Bummer, eh?

    12. Re:5th amendment? by WilliamSChips · · Score: 1

      Well, the second amendment is still relevant. But the rest of the Constitution...

      --
      Please, for the good of Humanity, vote Obama.
    13. Re:5th amendment? by cayenne8 · · Score: 1
      "In the U.S. your 5th amendment rights state that you cannot not be compelled to produce the password on the grounds that you might incriminate yourself. In other countries, like the U.K., you're SOL."

      I think you may be mistaken...I do believe in the US, it has already been ruled that refusing to give up your password/encryption key, etc is not covered under the 5th amendment.

      I'd personally think it should be...but, I believe the US courts have already ruled on this a few years ago....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    14. Re:5th amendment? by Anonymous Coward · · Score: 0
      Since a hard drive is not a person, and more specifically, not a US Citizen, it does not have the right to refuse to testify, and may therefore be sequestered as evidence.

      5Th Amendment
      • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


      The requirement for 5th amendment protection is that one be a person, not a US Citizen.

    15. Re:5th amendment? by madcow_bg · · Score: 1

      It may well be legitimate to refuse to supply information in a civil case if that information may be used to incriminate oneself in a crime.

      Actually, no. From what I have read you are compelled to give your password, but any incriminating information for a criminal case against you cannot be used in such a case.

    16. Re:5th amendment? by arminw · · Score: 1

      ....Further, the 5th Amendment is understood to refer to the government compelling you.......

      So if, in a civil case, the judge as a representative of the government says you must surrender the password and you refuse, he/she can use the governmental force to put you in jail for contempt of court? If you end up in jail for refusal to testify the password, how is that different if it had been in a criminal case? Either way, the government is trying to force you testify. Does the 5th amendment no longer protect against the government forcing a person to do this? It seems to me that the 5th amendment should protect against any kind of governmental coercion to testify, regardless of who the original entity was, private or public, that initiated the court action.

      --
      All theory is gray
    17. Re:5th amendment? by Xantharus · · Score: 1

      Simply read the amendment:

      "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

      It only allows protection against criminal matters. Nowhere does it mention a protection against civil action. The government can force you to testify in a civil case as it not prohibited in the amendment.

    18. Re:5th amendment? by Anonymous Coward · · Score: 0

      The short answer is "No. It's not a violation of your 5th ammendment rights. Think of your hard drive as a locked room in your house".

      The long answer is:
      Actually the 5th ammendment only covers direct testimony coming out of your mouth. If by chance a warrant for the contents of your hard-drive were issued, and incriminating evidence found, and you cried foul; it would be the same as any criminal crying "5th ammendment violation!" when the results of a search warrant turned up incriminating evidence. This is regardless if the crime were cat juggling, horse swindling, or an even more nefarious deed.

    19. Re:5th amendment? by tinkerghost · · Score: 1

      Doesn't apply. The 5th ammendment covers your right not to incriminate yourself by giving statements during the investigation or testifying during the trial. However, providing your harddrive for investigation is not testifying, it's producing evidence requested by the prosecution.

    20. Re:5th amendment? by arminw · · Score: 1

      ........The government can force you to testify in a civil case as it not prohibited in the amendment.........

      Which means that if you refuse to give the password on government order in a civil case, then you get put in jail, just like any other criminal. After all only criminals go to jail, right? It seems that as soon as they make you a criminal by refusing to obey the dictates of the government, the amendment still should apply.

      --
      All theory is gray
  10. Dismissal? by Rydia · · Score: 5, Informative

    Dismissal is only appropriate where the complaint fails to state a claim upon which relief can be granted. There is no evidentiary burden for a motion to dismiss, and before some discovery, a motion for summary judgment (which seems to be what the author is referring to) is premature. If Microsoft has a good faith belief that what they alledge happened actually happened, then they are entitled to discovery to prove their point, so long as they actually have a cause of action (in this case, they do). If discovery information does not support their claim, then the defendant can have summary judgment. Even if they are using the legal system to "find out how he did it," if someone committed a tort against them, they have a right to figure out exactly what happened.

    Don't write about law if you know nothing about law, and don't make assumptions or claims about lawsuits based on second-hand information and bias.

    1. Re:Dismissal? by Anonymous Coward · · Score: 1, Insightful

      Even if they are using the legal system to "find out how he did it," if someone committed a tort against them, they have a right to figure out exactly what happened.

      Yes, but if someone did not commit a tort against Microsoft, what right does Microsoft have to use the court system to find out how someone did something?

      Don't write about law if you know nothing about law

      The legal system continues to claim ignorance of the law is not a defense. Until the legal system owns up to the fact that this is bullshit because the laws themselves are contradictory, the people empowered to enforce the laws break the laws (who is spying on Americans?), and the judges don't even know all of the laws (they make the lawyers tell them what laws matter to the case and then hide behind this limited set of laws as being the laws pertinent to the case, unless they want to find another law on their own to rule the way they want).

      Don't write about law if you know nothing about law

      The Patriot act was passed without even a single legislator having read its contents. If the laws are passed without being known by those who pass them, why do you expect Slashdot to give a shit about your desire we not talk about the law?

    2. Re:Dismissal? by Todd+Knarr · · Score: 1

      Actually dismissal is also appropriate when the complaintant states a claim upon which relief can be granted but that claim isn't against the defendant. For example, if a store sues me for breaking in after hours and claims they've got video of a car in the parking lot so I must've been the perp, I can note that DMV records show I don't own a car matching that in the video and request a dismissal and I'll likely get it.

    3. Re:Dismissal? by DMiax · · Score: 1

      I have no doubt that you are right.

      I just want to know: if ATI prduced some hardware which works much better than NVIDIA, could NVIDIA sue ATI claiming that "they must have spied upon our work to be so good", then peek at their prodect and copy it?

      I think this wouldn't happen... Which is the difference?

      BTW, I don't see why Microsoft must know what happened. Or better, they must know what happened but not HOW. If some judge decides Viodentia did not steal the source, Microsoft have to trust him that nothing illegal happened. He sais "he did not steal your source, rest assured" and they do.

      I am talking about how I think law should work, not how it actually does, though.

    4. Re:Dismissal? by plasmacutter · · Score: 2, Insightful

      If Microsoft has a good faith belief that what they alledge happened actually happened, then they are entitled to discovery to prove their point

      in other words.. this is a legal support framework for wealthy interests or outright trolls to go on fishing expeditions..

      I think it's time to change this, because it's fundamentally opposed to the founding premises of the american system, the most pertinent in this case being protection of privacy and property unless concrete probable cause can be provided otherwise, and no "I think he did it but have no evidence" doesn't count.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    5. Re:Dismissal? by Anonymous Coward · · Score: 0

      Even if they are using the legal system to "find out how he did it," if someone committed a tort against them, they have a right to figure out exactly what happened.


      They may have a right to figure it out, but they don't have a right to force the defendant to participate in their investigation.

  11. visual studio tattler by fred+fleenblat · · Score: 1

    Hate to put any ideas in their heads, but odds are that a lot of hacks/cracks are compiled with visual studio, and on machines with WGA or other identifiable data.

    In away I'm simply amazed that .exe and .dll files don't already have embedded in them a little tag that gives MSFT a clue who compiled it, what time zone, what IP address, what domain, what ISP/routes it uses, maybe even wifi connection history (if it's on the move).

    1. Re:visual studio tattler by jacquesm · · Score: 1

      welcome to vmware, where nothing is as it seems, and there's a place for everything.

    2. Re:visual studio tattler by Anonymous Coward · · Score: 0

      There's a simple way to check this: compile Hello World with the same compiler settings on two different machines with different networks, time zones, users, etc., and compare the results. If Microsoft is embedding this information in .exe's and .dll's, then it would become obvious.

    3. Re:visual studio tattler by cswiger2005 · · Score: 1

      The Microsoft dev tools (ie, Visual Studio) actually do encode the username and filepath info into at least debugging versions of executables and .dlls which they build.

      --
      "The human race's favorite method for being in control of the facts is to ignore them." -Celia Green
  12. Sounds a lot like SCO tactics to me... by Eric+Damron · · Score: 3, Insightful

    "This smacks of the RIAA tactics of sue first, then force you to hand over your hard drive to incriminate yourself."

    This smacks of SCO tactics to me. Accuse first, offer no proof, sue so you can fish for evidence...

    Say, didn't Microsoft indirectly fund the SCO fishing expedition? Nuff said...

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:Sounds a lot like SCO tactics to me... by Mostly+a+lurker · · Score: 2, Insightful

      The difference here is that, unlike IBM (even with donations) I doubt Viodentia can afford a four year plus lawsuit costing tens of millions of dollars. Personally, I think the objective is to send a message to any other hacker with the same idea: if you try to circumvent our copy protection (legally or not) we are going to financially cripple you. It works as far as I am concerned.

  13. How about... by TheWoozle · · Score: 1

    the MPAA and RIAA sue Microsoft? Since nobody could intentionally make software this insecure, it's obvious that Microsoft is in league with the pirates.

    --
    Insisting on "correct" English is like saying that there is only one, definitive recipe for chili.
    1. Re:How about... by Aditi.Tuteja · · Score: 0

      the RIAA is going after only flagrant copyright violators. But ultimately, for similar situations thousands of lawsuits could be filed. Also RIAA is offering amnesty from lawsuits to P2P users who voluntarily identify themselves and pledge not to illegally distribute files again...

    2. Re:How about... by rts008 · · Score: 1

      Of course they are in league with the pirates, otherwise why would they object to this guy "having an unfair advantage" over the rest of the pirates?

      FTA:"Our own intellectual property was stolen from us and used to create this tool," said Bonnie MacNaughton, a senior attorney in Microsoft's legal and corporate affairs division. "They obviously had a leg up on any of the other hackers that might be creating circumvention tools from scratch."

      See, even MS is concerned that the pirates are all on level ground...er, I mean decks.

      Ah, nevermind...I gotta go, things to take care of...
      Arrrghh! Thar she blows....P2P off teh port bow! Heave to, maties, this one looks like rich plunder!

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    3. Re:How about... by compro01 · · Score: 1

      Also RIAA is offering amnesty from lawsuits to P2P users who voluntarily identify themselves and pledge not to illegally distribute files again...

      and signing that document is likely a very bad idea, unless they changed it recently. it only offers protection from a lawsuit filed by the RIAA. it offers no protection from lawsuits filed by the individual labels (the RIAA members).

      --
      upon the advice of my lawyer, i have no sig at this time
    4. Re:How about... by Aditi.Tuteja · · Score: 1

      Yea..They really need a new.. fair approach to it.

    5. Re:How about... by compro01 · · Score: 1

      Yea..They really need a new.. fair approach to it.

      why the heck would they want it to be fair? once they run out of sharers to sue, they send the labels after those who admitted to it!

      as is the case with any public corperation, they will continue any profitable venture until forced to stop by law or by a majority of shareholders.

      --
      upon the advice of my lawyer, i have no sig at this time
  14. Exhibit A, for the defense... by Weaselmancer · · Score: 4, Insightful

    A disassembler.

    I mean come on! Really! Read this from TFA:

    Microsoft has released two successive patches aimed at disabling the tool. The first worked--but the hacker, known only by the pseudonym "Viodentia," quickly found a way around the update, the company alleges. Now the company says this was because the hacker had apparently gained access to copyrighted source code unavailable to previous generations of would-be crackers.

    Um, hello? People have been disassembling code to disable copy protection since the first days of the warez scene. You don't need the source. All the source does is speed things up a bit.

    Not that I'd know anything about that. *ahem*

    --
    Weaselmancer
    rediculous.
    1. Re:Exhibit A, for the defense... by $RANDOMLUSER · · Score: 1

      I remember a program for CP/M that disassembled the OS and emitted comments into the code as to what was going on...

      --
      No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    2. Re:Exhibit A, for the defense... by Weaselmancer · · Score: 1

      That's fantastic. =)

      Best one I've personally spent any time with is IDA. Check out all the stuff this thing can do. I'm especially fond of those wingraph charts in the large gif they have there.

      Source code? Pfft. Who needs it?

      --
      Weaselmancer
      rediculous.
    3. Re:Exhibit A, for the defense... by advocate_one · · Score: 1

      or a Hex editor... I have "fond" memories of examining z80 binaries for particular opcode sequences and non-opping them out... ah, the good old days of cracking Spectrum programs to remove the manual "code" check failure jump so that it always passed...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  15. sounds about right. by swschrad · · Score: 1

    so the only one who has any clue how the MS DRM works is some dude out in The Ether who watched bitstreams or something and reverse-engineered a patch for this.

    or didn't know aught, but found the section of code or the registry points and routed them to his own routine, which could be as simple as

    NOP
    NOP
    NOP
    NEXT

    to settle a timing issue.

    the judge should get both explainations side by side on his bench and make a summary ruling. I expect it would take about 51 seconds to dismiss with prejudice. meaning MS can't chase this guy/gal/thing/commune any more over the issue.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  16. Another Interview with Viodentia by 8127972 · · Score: 3, Informative
    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
  17. The system works. Why are you bitching? by RLiegh · · Score: 2, Insightful

    Our congressmen and senators look after the welfare of their constiuancy (sp?), and the courts come to a fair and balanced ruling which takes the best interests of the citizens into account and comes to a verdict which is most just for their citizenry.

    It's just that now corporations are the only real citizens-- a situation no different than the late 1700's/early 1800s when only the rich white landowners were considered citizens.

    Again, I'll ask --the system works; why are you bitching?

    1. Re:The system works. Why are you bitching? by DeusExMalex · · Score: 1
      Again, I'll ask --the system works; why are you bitching?


      You answered your own question:
      corporations are the only real citizens


      In the United States, individuals are supposed to be citizens as well. I'd like to remain one since I pay taxes into a bunch of services I'll never see a return from. The least my government can do is still consider me a citizen, even if only a second-class one.
    2. Re:The system works. Why are you bitching? by Anonymous Coward · · Score: 1, Insightful

      >In the United States, individuals are supposed to be citizens as well.

      Whenever I scratch a lotto ticket, it's "supposed" to be a winner. Modern Americans are nothing more than smug, fat, indolent and apathetic consumers, who serve no purpose other than to feed cash into the system. They have no worth beyond the number of eyeballs which view the corporations' ads, or the number of tickets which by the corporations' movies, or the numbers which buy the corporations cds.

      You are viewing your status through the lens of an early-20th century mindset, but that doesn't change the truth. You -as a citizen of the EU or US- are nothing more than a serf whose place it is to channel your economic allotment to the content industries you are told to, and to be used as pawns in a larger game which is -in all honesty- not your place to worry about.

      Work. Consume. Die.
      That is your place.
      If you are not a corporation, you're a serf; remember your station and do not attempt to rise above it.

    3. Re:The system works. Why are you bitching? by Burz · · Score: 1

      Whenever I scratch a lotto ticket, it's "supposed" to be a winner. Modern Americans are nothing more than smug, fat, indolent and apathetic consumers, who serve no purpose other than to feed cash into the system.

      You forgot the petrodollars that keep the whole thing energized. The more fossil fuel we consume, the more dollars we get to print and send to foreign countries in return for stuff. It wouldn't be so dishonest if all the fuel were all ours to begin with. The more we chase that cashflow, the greater the imperative for the US government to acquire oil&gas flows for its chartered energy interests. The real costs in efficiency, human life and environment tend to be ignored in the whole destructive cycle.

      Least of all, don't do anything that would dry-up the ocean of desperation that corporations rely on for cheap labor. Empowering women with family planning and birth control options is incompatible with the "culture of life".

  18. If I write something in hex... by Demon-Xanth · · Score: 1

    ...does that mean I can sue anyone who opens it in a text editor for stealing copyrighted source code?

    --
    If you think education is expensive, you should try ignorance -- Derek Bok, president of Harvard
  19. Part of the MS DRM strategy by rlp · · Score: 2, Interesting

    DRM is an arms race that the defender is going to eventually lose. Microsoft realizes this and is using the legal system to try to intimidate their NEXT adversary in the DRM battle. If they can successfully make an example of the person who bypassed their DRM this time, the next person may think twice. And yeah - it stinks.

    --
    [Insert pithy quote here]
  20. Maybe that's the whole point of "shared" source by SgtChaireBourne · · Score: 1

    That's probably the whole point of "shared" source, which is basically a plain old NDA wrapped in a shitload of marketing hype. The bottom line is it makes it easy to go after projects and people who reverse engineer MS' protocols and other problems from MS licensing and/or lack of documentation. The better job these people and teams do, the better show MS can make to the uninformed that their secret sauce was stolen. That sounds a lot better to shareholders than the product was so crappy that it was cracked in short order from the binaries alone.

    Sounds almost as if those at Microsoft pursuing this case do not even know what their own library routines may be capapble of.

    That's not unprecedented. The Samba team regularly has contact from MS developers asking for help with MS' own junk. In this case they're probably itching to get hold of the guy. First, because he's showing that even MS' patches are junk. Second, because he probably has insight into who to do it correctly and maybe they can entice or force it out of him. Getting hold of him in a court setting would allow MS to set the conditions of "employment".

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  21. Shouldn't the headline be... by bitrot42 · · Score: 1

    Is Microsoft Using RIAA Illegal Tactics...?

    --
    FIXME: Add a sig here
  22. rev eng against dmca... so why persist? by chroot_james · · Score: 1

    I think I agree that they're looking for a leak. Reverse Engineering is against the DMCA and should be enough to nail the guy, but they're persisting anyway.

    --
    Reality is nothing but a collective hunch.
  23. MSFT using RIAA by Ice+Wewe · · Score: 0, Redundant
    Is Microsoft Using RIAA Legal Tactics?

    I don't know, are they?

  24. Arrogance. by Dogun · · Score: 4, Insightful

    "I don't know how GuyIDontLike did something, therefore he must have cheated."

    Some developpers are extremely slow to realize that things which seem nigh impossible to them are in fact, run-of-the-mill easy for talented hackers, crackers, upper-teir skr1pt k1dd13s, and others. Code obfuscation is not by any means adequate protection.

    Neither is sticking anti-debugger crap in your code, for that matter.

    1. Re:Arrogance. by Anonymous Coward · · Score: 0
      upper-teir

      Is this some kind of language obfuscation?
    2. Re:Arrogance. by walt-sjc · · Score: 1

      Note that script kiddies are, by definition, not skilled enough to do anything on their own. The talented hackers / crackers are the ones that write the code used by the script kiddies.

    3. Re:Arrogance. by Dogun · · Score: 1

      Conceded, though I would hasten to point out that skill, talent, and a deep level of understanding are not necessarily requirements for defeating obfuscation.

      "Give me a lever long enough..."

    4. Re:Arrogance. by Amazing+Quantum+Man · · Score: 1

      Actually, this sounds more SCO-like than RIAA like.

      "He did something. Therefore he must have used our Valuable Intellecutal Property(tm)".

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  25. Let's sue Microsoft by Anonymous Coward · · Score: 0

    We should create a standards-compliant website, which contains links to copyrighted material.

    BUT these links use copy protection technology, so that they are never displayed.

    Only Microsoft, that bad evil hacker organisation, gives all script-kiddis in the world an easy tool to break through this copy protection technology by just ignoring the RFC-standards!

    Let's sue them, and forbid them to provide Internet Explorer! :)

  26. This is not really about Microsoft by glomph · · Score: 2, Interesting

    despite their DRM being yet another monopolistic trap.

    It's about DRM being like gun control (don't get me wrong, I HATE guns and private gun ownership):
    DRM punishes the honest, and does nothing about people who are going to steal.

    Make 'legal' online music consumption easy for the consumer, and they will be happy, and you will make money.
    Treat them like criminals, and... well, you'll just be cultivating this behaviour.

    1. Re:This is not really about Microsoft by Anonymous Coward · · Score: 0

      I HATE guns and private gun ownership

      I disagree with you, but I'll give you props and the respect you're due for just coming out and saying what you really feel, instead of trying to be sneaky and underhanded about it like the Brady folks and others.

    2. Re:This is not really about Microsoft by AusIV · · Score: 2, Insightful
      Hold on a second. I don't like DRM any more than the next guy, but in some cases it makes sense.

      When I buy a song that uses DRM that ultimately ties me to a platform I'd rather not be using, I feel that the DRM is restricting my fair use rights. In this case, I agree that DRM punihes the honest and does nothing about people who are going to steal.

      However, Microsoft's PlaysForSure is in some cases used by rental services. Personally I don't want to rent music, but some people might, and it needs to be enforceable. If someone is paying $15 a month to rent all the music they can hold on their hard drive, some kind of DRM is needed to disable the music if they aren't paying for it. Do you expect Napster to just say "We'll trust you to delete all your music from your hard drive when you decide you don't want our service anymore?" And this DRM hack has enabled people to pay $15 for a month's subscription, download everything they want, decrypt it, and keep as much music as they want, only paying $15 once.

    3. Re:This is not really about Microsoft by glomph · · Score: 1

      Good comment, but once the bits are onto a person's machine, be it the Itunes-style download, or a Rhapsody/Napster subscription, if the person is of a larcenous mentality, they will get the file. This is NOT the point. DRM does not stop this activity. Proven fact. What it DOES do is confuse people with nonsense like "backing up your license files", and other idiocy. Make online digital music a trivially easy and satisfying experience (i.e., a lot better than Kazaa and BitTorrent), and people will use it. Make it a complicated encumbered pile of shit, and you will have a limited, frustrated customer base, and justify the freeloaders. The not-very-forced gun control analogy stands.

  27. Users are beta testing M$'s DRM implentation by metoc · · Score: 2, Insightful

    Personally this is another great M$ beta test. They can't hope to find the flaws in their DRM design, and Windows Media software, so they get users to do it. If the flaw is not obvious and no one will volunteer the info M$ needs to correct it, they send in the lawyers. Makes me wonder if they will take HP's lead and get some PI to do a black bag job on someone's house. Hey, computers get stolen all the time :)

    If they do end up in court, at the very least only third party investigators should have access so as to protect the defendents trade secrets and IP. Afterward, to top it off, M$ should open itself up to verify that it isn't secretly using anything it learned in the trial without paying compensation.

  28. omgwtf! WALLH4X! by Anonymous Coward · · Score: 0

    omgwtf? pwned again? j00 h4x0r. l4m3.

  29. Defining Micorsoft's Role by Aditi.Tuteja · · Score: 0

    On the DRM tool in Windows Media software there's virtually no way to make it fully hack-proof. Any protection that's just software can always be broken by other software. Some attacker was bound to be able to do something like this. This won't be the last time Microsoft has to contend with this type of problem. Or maybe Microsoft put out this code that would be cracked quickly so they could the world at how fast they are at beating back the crackers? Good way to show the entertainment industry how much they care about protecting the industry.

  30. Microsoft are so arrogant. by JustNiz · · Score: 1

    Microsoft are so arrogant.

    Even though they have a perfect track record of inability to develop a single truly secure product, they presume this guy must have stolen the source in order to use any of their gaping holes.

    Microsoft's own track record on security is this guy's own perfect legal defense.

  31. Solution: Countersue by coinreturn · · Score: 2, Interesting

    Hacker just needs to countersue, saying Microsoft could not have issued a patch that undid his DRM-removal without access to his source code. The arguement is the same, and with the time for Vista to ship as evidence that Microsoft cannot turn around updates quickly, source-code or no.

    1. Re:Solution: Countersue by Shawn+is+an+Asshole · · Score: 1

      Yeah, sure. A single guy can really afford to go against a multi-billion dollar corporation.

      --
      "It ain't a war against drugs.it's a war against personal freedom" --Bill Hicks
    2. Re:Solution: Countersue by Cederic · · Score: 1


      Can in the UK. Where's this chap from?

    3. Re:Solution: Countersue by ep32g79 · · Score: 1

      Sure he can, all it takes is 35$ and the ability to write

  32. Mozart's Memory by adamdrayer · · Score: 5, Insightful

    From an article I just started reading: ...when Mozart was a boy he traveled to the Vatican with his father. Since they happened to be there at Easter, they were able to take in a performance of Allegri's Miserere. The Miserere is considered by many to be one of the most beautiful pieces of music ever composed. It is so beautiful, in fact, that at the time the Pope allowed no copies of the score to be made, and it was only performed at Easter, and only at St. Peter's Basilica in Rome. Only the choir was permitted to see the score, which was otherwise kept under lock and key.
    Mozart, being the prodigy he was, heard the piece once and memorized it in its entirety. When he got home he wrote down the score without a single missed note. When Church authorities heard that Mozart had an unauthorized copy of the Miserere they took him to court, accusing him of stealing a copy of the score. The young boy was able to prove that he had not stolen the work only by writing down the piece again, perfectly, from memory in the presence of the court.

    Obviously this probably isn't the case here, but isn't this a good example that you should not be allowed to sue somebody for copyright infringement unless you have some proof they obtained what they got thru illegal activity?

    1. Re:Mozart's Memory by radarsat1 · · Score: 1

      Not that I necessarily disagree, but just to play the devil's advocate here... in your example, wasn't Mozart copying the score? Wasn't he infringing copyright by writing down a copy of the piece?
      Just because it wasn't through printed medium, but rather through memorization, doesn't mean he wasn't copying it.

      In professional music, it is a requirement to learn how to write down a piece of music upon hearing it -- musical dictation. Writing down a piece that you heard on the radio is still an act of making a copy of that piece, isn't it?

      But of course that doesn't take away from that fact that it was an absolutely amazing feat. I hadn't heard that particular story.

    2. Re:Mozart's Memory by adamdrayer · · Score: 1

      You're right. I guess the point is that back then it wasn't a problem that he copied and performed it. It was the fact that they assumed he must have stolen it or gained illegal access to it, which is what he was on trial for. Its the labeling of this guy a hacker that I object to, considering they don't know how he got it. Depending on the judge, the word "hacker" can mean bad things in a court of law.

    3. Re:Mozart's Memory by Br00se · · Score: 1

      I don't know if this is true or not, but assume that it was. They assumed that he stole a copy of the score, not that he produced his own copy from memory. I don't know what copyright law was like in those days, so I don't know if what he did was considered illegal. Breaking in and stealing a physical copy was certainly illegal.

      I'm no expert on the brain or on memory, but I beleive that our brain stores every sight, sound, smell, taste or feeling that we ever experience. We just don't know how to access those memories as fully as we would like. So, if I'm right, everytime we experience a song, book or movie, we make a copy in our head. Just don't tell the RIAA or the MPAA.

    4. Re:Mozart's Memory by AK+Marc · · Score: 1

      in your example, wasn't Mozart copying the score? Wasn't he infringing copyright by writing down a copy of the piece?

      Nope. For one, there wasn't "copyright" back then. For another, this work wouldn't have been considered under modern copyright. It would have been a trade secret. One of the fun things with a trade secret is that if someone were to independently come up with the same answer, they can not be found to be infringing. Current law doesn't allow for something to be both a trade secret and publically performed, but it's as close as we can come to what the church was intending. Not to mention, that they weren't taking him to court for copyright infringement. So, even though both involve copyright infringement of some kind, ignore that part and look at what was claimed. Mozart was claimed to have stolen something because the end product implied he did. And in the current case by Microsoft, they are claiming that he "stole" code because the end product implies he did. The point is that they are asserting a law was broken because it would have been hard to do without breaking a law, and not asserting that a law was broken because of any evidence that a law was broken.

    5. Re:Mozart's Memory by Kanasta · · Score: 2, Insightful

      If that happened today, the RIAA would accuse him of having stolen the score, then memorized it in its entirety for the purpose of piracy and aiding terrorist agendas, and poor Mozart would have been spirited off to some torture camp in a middle eastern country and never heard of again.

  33. Another good reason not to have anything to do wit by HiThere · · Score: 1

    Another good reason not to have anything to do with Microsoft.

    Did you need another? Don't worry, they'll come up with one for you.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  34. I Am Spartacus! by Anonymous Coward · · Score: 0

    Since Microsoft doesn't wven know the true identity of the person they are suing, we should all stand up and shout (well at least send an email " I am Viodentia".

    1. Re:I Am Spartacus! by Anonymous Coward · · Score: 0

      ok... you first.

    2. Re:I Am Spartacus! by Bugs42 · · Score: 1

      Cowards. I am Viodentia!

      --
      Programmer: an ingenious device that converts caffeine into code.
  35. Download - Thanks, Microsoft! by TheSpoom · · Score: 4, Funny

    So, what did I get from this article... There's a new tool available that can strip new Windows Media DRM! Thanks, Microsoft!

    It took a bit of searching but I found the program and mirrored it if anybody's interesting. Please be sparing on my bandwidth. :^)

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Download - Thanks, Microsoft! by Anonymous Coward · · Score: 1, Interesting

      Heh. Slashdot is a handy thing, isn't it? :)

      I first heard of the program several weeks back, when there was another article about it. Or maybe someone mentioned it in a comment on a different article. Regardless, I heard about it on slashdot a few weeks back. Thanks to this program, and my finding out about it here, DirectSong http://www.directsong.com/ made four sales they wouldn't otherwise have made.

      I play Guild Wars. I have a friend who plays Guild Wars. The music in this game is -amazing-, and we both love it. He found the soundtracks availble for sale from DirectSong. He didn't buy them, though. They came as Windows Media Audio, with DRM attached. But he told me about finding it.

      A few days later, I remembered reading about FairUse4WM, so I googled for it and downloaded it. Then I went to DirectSong to see what they offer, ended up buying both the Guild Wars and Guild Wars:Factions soundtrack, and promptly stripped the drm off them. I told my friend about FairUse4WM, and that it worked for music from DirectSong, because I'd just used it. I sent it to him over msn, and he ended up buying both soundtracks too.

      Boom. Four sales that wouldn't have been made if not for FairUse4WM.

    2. Re:Download - Thanks, Microsoft! by TheSpoom · · Score: 1

      Unfortunately, by doing so, you've implicitly sent the message that you accept DRM being placed on music.

      Now, I'm not saying that in the absence of any other way of obtaining music I really wanted I wouldn't do the same, but in general I avoid purchasing anything with DRM on it even if there's a way to strip it.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
  36. And like the rest of the slashdotters... by Anonymous Coward · · Score: 0

    *** Viodentia has denied using any proprietary source code, according to CNET. ***

    And all Slashdotters will deny ever downloading music illegally...

    Any and everyone can deny something. Why should anyone believe someone who's sole purpose was to get around a security/anti-piracy/whatever measure just because they didn't like it.

    Again, if you don't like it - don't use it...don't buy it...whatever. It's that fucking simple.

  37. Microsoft can't win by natebizu · · Score: 1

    Microsoft can't win the lawsuit. If you knew Microsoft was after your hard drive and they have no idea who you are, you have plenty of time to backup everything and wipe your hard drive(the right way). Just put the backups in a safe place. There you go, no evidence. This is all assuming you WERE guilty. And if you are innocent, and want to really piss off Microsoft, post the source code on the net. :)

  38. The bottom line might be by Spiked_Three · · Score: 2, Insightful

    that by forcing someone into the courtroom and accusing him of stealing the source code, his probable defense as everyone has pointed out is "I didn't steal the code, I reversed engineered it."

    Guess what else is against the law? His/her best defense is an admission of guilt to breaking the system/scheme of protection. It is probably a win win for Microsoft.

    And regardless if you are for or against the law(s), it seems as if some law has been broken.

    I wouldn't say Microsoft is adopting RIAA tactics because that would be crediting RIAA for inventing the use of the courts to stop something they don't like. Companies have doing that for a long time.

    --
    slashdot troll = you make a compelling argument I do not like the implications of.
  39. The real reason for this lawsuit by Overly+Critical+Guy · · Score: 4, Insightful

    Microsoft wants to convince its music partners that its DRM is unbeatable. Now that it's been cracked, they're trying to argue that the only way their "unbeatable" DRM could have been cracked would be due to access to the source code.In other words, along with being a fishing expedition, this lawsuit is a PR play to Microsoft's music partners to try to save face over their no-longer-unsinkable DRM scheme.

    --
    "Sufferin' succotash."
  40. You dont need to know by AviLazar · · Score: 2, Insightful

    How someone did something to know they did something wrong. A lawsuit has to be started so they can do things like subpeona the hard drive. Once they can get the hard drive, they can figure out the "how". This is common legal tactics, and frankly is required. WIthout things like a subpeona there is no legal mechanism to force someone to hand over their material (with some exception like the patriot act).

    --

    I mod down so you can mod up. Your welcome.
    1. Re:You dont need to know by Xuranova · · Score: 1

      That is argubly find and dandy. I think the 'issue' is, thats not what MS said. What they said was the people in question stole copyright code to do it.

      Had MS said:
      we don't know how they did it so we will subpoena them to find out

      People would still hate them, but at least MS was upfront about its fishing expedition.

      Now they are just liars on a fishing expedition and who really likes liars?

      --
      "There is no real right or wrong, just what the majority accepts at the time."
    2. Re:You dont need to know by Magada · · Score: 1

      Nor should there be, in civil cases. Criminal law is another matter altogether, but this system of subpoenas is just asking to be abused, imho.

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
  41. What MS Said.. but what I heard.. by hAckz0r · · Score: 1
    What Microsoft said was "Our own intellectual property was stolen from us and used to create this tool" but what I hear was "You see, this hacker waltzed right through our corporate defenses, identified the one server out of a gazillion file servers that had that code, stole it, and wrote a new patch, all in under 24 hours of our new release".


    Now, in my mind, the guy would have to be an ace cracker, a network sleuth, a crackerjack programmer, and completely clairvoyant to know where to even get the copyrighted code from. So, either Microsoft is stupid enough to not know that DRM as a technology simply can not work, or they are stupid enough to have a completely failed corporate security infrastructure and policy in maintaining it. If I were in their shoes I would just claim that I didn't know that DRM could ever be a workable solution, otherwise who would ever want to buy a "secure operating system" from them? (joke, joke)

    1. Re:What MS Said.. but what I heard.. by clgoh · · Score: 1
      Now, in my mind, the guy would have to be an ace cracker, a network sleuth, a crackerjack programmer, and completely clairvoyant to know where to even get the copyrighted code from.

      Or the hacker is a Microsoft employee...

  42. Future employment, then? by Cybert4 · · Score: 1

    I tend to think the chances of a job with Microsoft did not improve too much.

  43. 2 things. by Cybert4 · · Score: 1

    One, substitute "buy" for "by" in an obvious place. Two, the singularity will change this. Among other things.

    1. Re:2 things. by Anonymous Coward · · Score: 0

      >One, substitute "buy" for "by" in an obvious place.
      Muy bad, sorry.

      >Two, the singularity will change this. Among other things.

      If by "the singularity" you mean "jesus coming back to scoop everyone up to heaven", then u r rite.

    2. Re:2 things. by WilliamSChips · · Score: 1

      Unless, of course, the singularity has DRM.

      --
      Please, for the good of Humanity, vote Obama.
    3. Re:2 things. by Cow+Herd+(Anonymous) · · Score: 2, Interesting
      Unless, of course, the singularity has DRM.
      It's a pity my mod points expired a couple of hours ago, or I'd donate you a point for this!
  44. DRM's fatal flaw by tfinniga · · Score: 3, Insightful

    DRM can be easier or harder to crack, but it will always be crackable.

    You give them the lock, you give them the key, and you hope that they can never figure out how to use them together.

    Why the content industries keep believing that this is a good idea is a true mystery.

    --
    Powered by Web3.5 RC 2
  45. Two Wrongs... by Tipa · · Score: 2, Insightful

    Destroying evidence of a crime is also a crime. The best thing to do is to encrypt your data as a matter of course. They can't ask you to decrypt it for them because that would potentially ask you to incriminate yourself. And if they're so wonderful at DRM, let them figure out how to get at it.

    1. Re:Two Wrongs... by chrisjwray · · Score: 1

      I really cant understand how they can prove you have done this though. Surely its just a matter of swapping out your disk for a new/spare one and getting rid of or hiding the incriminating one.

  46. How is that contradictory? by pavon · · Score: 1
    Microsoft Office is widely available, but that does not mean it is legal to isolate some of the compiled code and include it in your application, because the EULA does not allow it.

    Linux and the networking applications that run on it are widely and freely available, but that does not mean it is legal for Linksys to include it in their products without following the licenses on that software.

    Microsoft is also contacting other Web sites that have posted the FairUse4WM tool, asking them to remove the software, on the grounds that it contains copyrighted company code.
    This is a copyright issue plain and simple. It doesn't matter if the code is widely used and distributed, Microsoft maintains copyright on it. What matters is if he really did include Microsoft's code in FairUse4WM, and whether the route Microsoft has for pursing this in the courts is legitimate.
    1. Re:How is that contradictory? by GeffDE · · Score: 2, Insightful

      If it's part of an SDK, then how the hell can a developer NOT include it in his application. When you link against a library (and what do you think an SDK is?) you are included the (necessary) functions in that library in your application. Holy Shit Batman. Don't use SDKs or you'll get sued by the company that wrote (and then copyrighted) the SDK. So even if Microsoft finds copyrighted code, how can they be sure that this code was manually taken out by the "hacker" (I prefer the term "liberator")?

      --
      It has been a nervous year, with people beginning to feel like Christian Scientists with appendicitis.
  47. The path of least resistance by fwarren · · Score: 1
    Well, I can assure you that if the DRM is based solely on a hardware key or checksum, it will be cracked at some point. The only difference is that the crack will happen at the BIOS firmware level rather than the OS level, all this assuming that the BIOS can be flashed ... even then, there may be pure hardware hacks available.

    Hacking and pirating has always taken the path of least resistance. When it can be done in software, that is great, nice and cheap. When it can't, people will pay for the modified hardware to do this.

    Back in the day, most copy protection on Commodore 64 floppy disks, was accomplished by intentionally writing a particular error to a particular track and sector on the disk. So if track 12, sector 3, when read, did NOT return an error 52. The progam would know that the disk was copied, and during the copy process, the error was not duplicated, and would not run

    People would modify their floppy drive, so out the top, there would be what looked like a hand on a clock that would go from 10 to 5 o'clock. They would write the track numbers on the top of the drive. Then put in a copied game. When the drive stopped moving, because it hit a spot that should of had an error, you could see what track the error should have been on. Then you could pop the original floppy in the drive, and see which sector on that track returned an error and what error it was. Then duplicate that error on the other floppy.

    It sounds like hardware hacks will be coming back into style again.

    --
    vi + /etc over regedit any day of the week.
  48. Lose-lose by russotto · · Score: 1

    "Viodentia" can't even try to defend himself against these specious charges if he doesn't reveal himself. If he does reveal himself, or is discovered, Microsoft need merely drop this nonsense and pursue a DMCA claim. Pretty much his only hope is if they can't find him; I hope he hasn't been posting from networks which could identify him.

  49. This lawsuit is bizarre... by rklrkl · · Score: 1

    I must confess that I didn't know US law allows you to sue a "John Doe" where not only their real identity isn't known, but even their *citzenship* (yes, they might not be American) is possibly in doubt.

    Also, if Microsoft can't prove that "Viodentia" had access to Microsoft source code (which presumably breaks the law if he/she did - hence the lawsuit), then can Viodentia sue Microsoft for libel? Also, if Microsoft is allowed to sue this John Doe called "Viodentia", then can Viodentia sue Microsoft whilst remaining a John Doe anonymous litigator? If not, then isn't the law very one-sided on this issue where one party is unknown?

    Is it just me or is this lawsuit verging on the absolutely ludicrous? Do other countries allow people to sue unknown parties?

  50. Doom9 by Anonymous Coward · · Score: 0

    Will Doom9 be subpoena'd, I wonder? I'm pretty sure the doom9.org servers are on US soil, and that is where he posts links to his tool. Most forums log IPs. Doom9 Subpoena > IP Address > ISP Subpoena > User Info > Uh oh.

    Hope he posts via proxy.

  51. but it makes a big difference by AlgorithMan · · Score: 1

    if the security researcher (hacker) just reverse-engineered the program then it's just a violation of the license terms and a court will tell you to find him on your own...
    if the security researcher broke into microsofts servers, then it's a much bigger deal and a court might give you 150 agents to hunt the hacker...
    this has happened before... Apple did exactly this and they got the 150 agents for a violation of the license agreement... that was the first big case for the electronic frontier foundation

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  52. You'd think they were building killer cyborgs... by Kadin2048 · · Score: 4, Interesting
    Thanks for that link. I had never read it before.

    I found one claim in there particularly interesting:
    We shouldn't forget despite all this that Windows Vista remains the largest concerted software project in human history. The types of software management issues being dealt with by Windows leaders are hard problems, problems that no other company has solved successfully. The solutions to these challenges are certainly not trivial.

    I wonder...why is that, exactly? Why is Vista such a massive project?

    It's a serious question. I mean, it's not like they're building HAL-9000 here. It's an OS. A microcomputer OS. Which really, as far as I can tell, doesn't do a whole lot more than a bunch of other OSes that are on the market already. What does it do that's so much more complex, fundamentally, than what OS X does? Or Linux? Or any number of other OSes? Why, exactly, is it such a freaking huge project?

    If the size estimates I'm reading are accurate, at 50 MLOC, Vista is still smaller than OS X at 80 MLOC (comparisons to Linux are tougher because when someone says "Debian has 160 MLOC," it's not clear if that's just the base system or including all the applications or what). Admittedly, OS X borrowed a lot of code from NeXT, but Microsoft has a lot of code they could steal from previous Windows versions and other projects. If they chose not to, then that was a conscious management decision on their part.

    If this guy's characterization of Vista development is true, they have more problems than a slipped schedule; they need to be asking why the damn thing has turned into that much of an epic project in the first place. This is not like IBM building the S/360 here; they're not wandering that far off into uncharted, never-before-attempted territory, based on every description of Vista I've ever seen or heard of. Yet they're making it that much of an effort, either by choice or mismanagement.

    Vista, Linux, OS X: it does the same thing. Ultimately, they're both ways of managing the filesystem and the computer's hardware resources, and presenting those resources to programs in a standard manner on one end, and presenting a GUI to the user on the other. Sure, they're different ways of doing things, but they're all solutions to the same basic problem. It's even the same hardware resources and architecture that they're supposed to manage -- it's not as though the premise of each is that different.

    Frankly if what that article says is true, Vista might have a second, more dubious distinction: the most wasted effort ever spent on a project since the Russians built that expensive lawn ornament.

    If this guy did see the source code and was able to reverse engineer it, Microsoft ought to offer him a job. Apparently, they need the help.
    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  53. For you and MS: by SanityInAnarchy · · Score: 1
    --
    Don't thank God, thank a doctor!
  54. BULLET DUP3 * GUN LOAD FOOT AIM TRIGGER PULL BANG! by smcdow · · Score: 2, Funny

    So, by filing this suit, Microsoft admits that someone stole the source code. If that's the case, how can they ever guarantee that the same thief(s) didn't also plant code in their repository as well?

    --
    In the course of every project, it will become necessary to shoot the scientists and begin production.
  55. Re:SCO? - OT by spxero · · Score: 1

    Did you win the case?

  56. It means.. by Ahnteis · · Score: 1

    I'm fairly certain it means you're a masochist. :)

  57. Your computer is no longer your castle. by Kadin2048 · · Score: 1

    My computer belongs to me, and I have the right to read anything that gets written to its RAM

    I wish that were still true. Under the DMCA, and beginning with lots of previous bad laws that included non-circumvention clauses, you can't make a blanket statement like that. You could easily be "circumventing" someone's DRM, and that's illegal, except under some exceptional circumstances (like for research, interoperability, etc.).

    We would have been a lot better off if we had not started making a lot of crappy laws specific to technology, and just let the old common law ideas of property see us through; if I own the computer, I should be able to do anything I want to it -- a sort of informational Castle Doctrine. If your electromagnatic waves end up on my property, I should be able to monitor them and do whatever I like with the resulting electrical charges coming off the antenna.

    Similarly, most "computer crimes" could be adequately covered by traditional causes of action both in tort or criminal law. If I hack into your computer, that's trespass to chattels; if I steal or delete your data, it's larceny; botnetting it could be unlawful conversion. It's just old crimes being perpetrated in slightly different ways -- there's no 'new crime' being committed.

    One of the fundamental errors of modern lawmaking over the last few decades is the assumption that computers 'change everything,' and require all sorts of odd new laws. They do not. In fact, had we just taken a step back in the 1980s and considered what was going on, and let the judges work it out within the framework of existing law, we'd probably be in less of a pickle now than we are. Once the floodgates were open for new "technology laws," they haven't stopped. Now, with each Congress, the situation gets worse and worse, and closer to one of negative informational liberty ("what can I do with my computer that's not illegal?").

    Of course, leaving things alone would have required that we had a government that was more concerned about making good laws than in appeasing the telecommunications, cable TV, and content monopolies. Fat chance, really.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  58. Re:You'd think they were building killer cyborgs.. by iluvcapra · · Score: 1
    I wonder...why is that, exactly? Why is Vista such a massive project?

    Possible answer: Vista has to generally remain bug-for-bug compatible with every piece of software written for the overall Microsoft platform since MS-DOS 2.0. Apple and Linus both are willing to break developer's applications if the loss of backwards compatibility is worth the gain in speed/size/abstraction/whatever.

    It might also be that Microsoft decided in 2000 that the Longhorn project was going to be the biggest engineering project in human history, and damned if it wasn't going to be proven wrong. When you are working on a project that is the biggest/most expensive/most ambitious of its kind, that in itself is a license to spend even more time/money/people, particularly in a corporate environment.

    --
    Don't blame me, I voted for Baltar.
  59. So what Microsoft is saying.. by Sloppy · · Score: 1

    ..is that interoperability and bugfixes are unlikely (sufficiently improbable enough for a civil court to see it as "impossible"), if your customers don't have access to the source code.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  60. No. by FatSean · · Score: 1

    I want to cause these companies hardship for their arrogant and greedy actions. I will enjoy their product without paying them. They can keep trying to catch me.

    I haven't bought a CD since 2004. I haven't bought a DVD since 2005.

    --
    Blar.
  61. Re:You'd think they were building killer cyborgs.. by killjoe · · Score: 3, Informative

    ": Vista has to generally remain bug-for-bug compatible with every piece of software written for the overall Microsoft platform since MS-DOS 2.0."

    Why? When I go do download some software from MS either it's only available for XP/2000 or it offers different downloads for 98, NT, XP, XP SP2, NT 3.5+, 2000, 2003 etc.

    Clearly every version of windows is slightly incompatible with other versions. Even service packs break backwards compatibility requiring separate downloads for XP and XP SP2.

    I think vista will not be fully backwards compatible with any other MS operating system. Some things will work but I would expect everything to be either completely or partially borked.

    --
    evil is as evil does
  62. But... by madcow_bg · · Score: 1

    ... does it run on Linux?

    No, really, if someone makes such a tool it can be defended being for interoperability purposes, can't he?
    That is protected by DMCA? At least I heard so...

  63. Re:You'd think they were building killer cyborgs.. by drsmithy · · Score: 1
    Why? When I go do download some software from MS either it's only available for XP/2000 or it offers different downloads for 98, NT, XP, XP SP2, NT 3.5+, 2000, 2003 etc.

    Well that's hardly surprising, since most of the stuff you're going to be downloading off Microsoft is going to be things like TweakUI, patches, drivers, etc. Of *course* stuff that meddles with under-the-hood OS features is going to require OS-specific versions. You'd hardly expect the XP SP2 to install on Windows 98, for example.

    It doesn't apply in general, however. Most software just has one version, and that runs on basically any remotely modern version of Windows. Some may have separate versions for DOS and NT-based Windows which, given they're fundamentally complete different OSes, is hardly unreasonable.

    Clearly every version of windows is slightly incompatible with other versions. Even service packs break backwards compatibility requiring separate downloads for XP and XP SP2.

    I don't think I've ever seen separate downloads for XP vs XP+SP2 without exceptional circumstances. It's certainly not anything that could be implied to be "common".

    Service packs rarely break software, and when they do it's usually with a very good reason (eg: apps using undocumented APIs).

    I think vista will not be fully backwards compatible with any other MS operating system. Some things will work but I would expect everything to be either completely or partially borked.

    Based on history, I would expect the vast majority of common-use software to work transparently out of the box, largely due to massive efforts on Microsoft's part to make Vista "bug compatible" with previous versions of Windows.

  64. Re:SCO? - OT by neoform · · Score: 1

    they dropped the case after finding nothing. i got stuck with $11,000 lawyer fees. joy.

    --
    MABASPLOOM!
  65. SCOX-like Arrogance. by knorthern+knight · · Score: 1

    SCOX made a similar claim against IBM...
    Limitations of Linux Before IBM's Involvement

    82. Linux started as a hobby project of a 19-year old student. Linux has evolved through bits and pieces of various contributions by numerous software developers using single processor computers. Virtually none of these software developers and hobbyists had access to enterprise-scale equipment and testing facilities for Linux development. Without access to such equipment, facilities, sophisticated methods, concepts and coordinated know-how, it would be difficult or impossible for the Linux development community to create a grade of Linux adequate for enterprise use.

    83. As long as the Linux development process remained uncoordinated and random, it posed little or no threat to SCO, or to other UNIX vendors, for at least two major reasons: (a) Linux quality was inadequate since it was not developed and tested in coordination for enterprise use and (b) enterprise customer acceptance was non-existent because Linux was viewed by enterprise customers as a "fringe" software product.

    84. Prior to IBM's involvement, Linux was the software equivalent of a bicycle. UNIX was the software equivalent of a luxury car. To make Linux of necessary quality for use by enterprise customers, it must be re-designed so that Linux also becomes the software equivalent of a luxury car. This re-design is not technologically feasible or even possible at the enterprise level without (1) a high degree of design coordination, (2) access to expensive and sophisticated design and testing equipment; (3) access to UNIX code, methods and concepts; (4) UNIX architectural experience; and (5) a very significant financial investment.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  66. Re:You'd think they were building killer cyborgs.. by Anonymous Coward · · Score: 0

    see, now my history, and people I've helped with MS, has been the opposite. The compatibility is not there. I'm bewildered by people's claim of 'Windows is backwards compatible'; New versions won't run old software (sometimes you can jump through hoops and get it limping...) And I have never had a file on linux I couldn't read with later version. I have with Microsoft. (Ever heard of people have problems sharing files between different versions of Office? yes, it happens in linux too though you can just open the file and take the info out. Not so with MS :)

    Admittedly this is a extremely small sample of the computing population. Is it exclusive?

  67. DRM like gun control? by Anonymous Coward · · Score: 0

    Are you retarded? Citizens need guns to protect themselves from badguys AND their government. Police can only get there after the incident--they can't protect you; they are not bodyguards. The government doesn't want you to have guns so you won't be able to overthrow it when it becomes too corupt.

    Go read up on the founding fathers, maybe you'll learn something.

  68. Thats why by ralph1 · · Score: 0

    I am having bald eagle for dinner tonight.

  69. Flawed analogy by sonofdelphi · · Score: 1

    > You give them the lock, you give them the key, and you hope that
    > they can never figure out how to use them together.

    IANADE (I Am Not A DRM Expert), but...
    A more accurate analogy would be:
    (1) You give them something in a box. The box is the DRM mechanism.
    (2) The box is secured with a lock.
    (3) You give them a key so that they can use what's inside.

    Step (3) is where the problem starts.
    The DRMer has to do one of the following.
    a) the lock has to be openable with multiple keys. (Otherwise people would duplicate the key)
    b) Make different locks for each boxed product. (Production problems?)
    c) Make the box really difficult to open. Use hard material, make the lid heavy... (But who would use the product then?)

    (4) They use the product.

    The real flaw in the reasoning is that the DRMer thinks that they can use the product only after using the key.

    DRM-cracking is more like using a totally different mechanism for using it. Think of it as viewing what's inside an opaque box with X-rays or something!

    If necessity is the mother, laziness is the father of invention.
    http://oozone.blogspot.com/

  70. Re:You'd think they were building killer cyborgs.. by killjoe · · Score: 3, Insightful

    "Most software just has one version, and that runs on basically any remotely modern version of Windows. "

    Nonsense. At best software requires win98 or better. Most software I have seen requires XPSP2 or better. Like I said even MS software has different versions for different windows.

    "Based on history, I would expect the vast majority of common-use software to work transparently out of the box,"

    In that case we are living in a different universe. Where I work every version of windows disrupts our software some way or another. SP2 was especially painful. Migration from .NET 1.1 to 2.0 took over a month for one project alone.

    --
    evil is as evil does
  71. Re:You'd think they were building killer cyborgs.. by drsmithy · · Score: 1
    Nonsense. At best software requires win98 or better.

    Uh, yeah, my point exactly. See that "remotely modern" part ? >8 year old PCs don't really fall into that category.

    Most software I have seen requires XPSP2 or better. Like I said even MS software has different versions for different windows.

    For example ?

    In that case we are living in a different universe. Where I work every version of windows disrupts our software some way or another.

    In-house or third party software ?

    SP2 was especially painful.

    The list of software SP2 broke wasn't particularly big, relatively speaking. The list of software it broke that wasn't already broken by virtue of being badly written, vanishingly small.

  72. DRM-less computers... by Joce640k · · Score: 1
    The DRMless computer will become a rarity in the hands of enthusiasts and the market forces will wipe it out from free circulation



    But it only takes one crack somewhere in the world to make this whole DRM thing a waste of time. Once the protection is gone, it's gone.

    --
    No sig today...
    1. Re:DRM-less computers... by arivanov · · Score: 1

      Not quite.

      The new crop of DRM will be based around the on-board TPM/DRM chips which provide an RSA engine. In addition to that files will be encrypted towards this (per computer) key and a per user key. The computer key towards which you encrypt will never leave the chip. The user key can and would be protected by the computer key. Cracking this will be pretty damn hard because a crack will be applicable only to one specific instance. It will not be universal like the current security though obscurity DRM.

      Essentially once vista is out and DRM uses Vista (and post-2.6.14 linux for that matter) features it will be an entirely different ball game altogether.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
  73. Re:Download - Thanks, Microsoft! - BAD MD5! by terrencefw · · Score: 1

    The MD5 has of that file doesn't match the one given by Viodentia in the doom9 forums.

    The file here: http://jamesholden.net/fairuse4m-download/ matches though.

    --
    Like tinyurl, but one letter less! http://qurl.co.uk/
  74. Sources, please? by SysKoll · · Score: 1

    Can you please mention the source? I read a couple of biographies of Mozart and neither of them mentioned that episode. Either the biographers missed something, or the article is wrong.

    Too bad if it's wrong, it's a pretty story.

    --

    --
    Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

    1. Re:Sources, please? by adamdrayer · · Score: 1

      I got it from an article put out by the Info-Tech Research Group called "Copyright & Ownership in the 21st Century" Its a subscription website In addition, I have found other biographical accounts of Mozart's life that have similar mentions of him hearing the piece once and writing it from memory. The differences seem to be that other bios don't have him getting it perfectly the first time. He needed to listen to it a second time for minor corrections; and I do not seem to find any other bios online that support the idea he proved it in court by transcribing it again. Then again I did't look too well and I only found 2 distinct bios at all online. From Wikipedia: A highlight of the Italian journey, now an almost legendary tale, occurred when he heard Gregorio Allegri's Miserere once in performance in the Sistine Chapel then wrote it out in its entirety from memory, only returning to correct minor errors; thus producing the first illegal copy of this closely-guarded property of the Vatican another mention: http://www.mozartforum.com/VB_forum/archive/index. php/t-52.html If the trial portion is wrong, then you're right, it is too bad... but I don't think it undermines the point.

    2. Re:Sources, please? by SysKoll · · Score: 1

      TThank you for your reference. I agree that Mozart could retranscribe pieces from memory. There are references about him being able to play pieces after hearing them once.

      The trial portion is, I believe, a legend or an invention. I couldn't find references to music being kept locked by the Vatican -- it would have been rather pointless considering that retranscribing music was very common, and a lot of people were doing it informally, even if they didn't have Mozart's memory. And I didn't even find any reference to young Mozard visiting the Vatican.

      Actually, from a PR standpoint, the legend would tend to accredit the idea that Microsoft's tactics are OK, because authorities had been using them in the past. Even the Pope used it, right? Wrong. It turns out that the legend is untrue. For all we know, the Pope would have dragged Bill Gates to court for obstructing progress. :-)

      --

      --
      Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

  75. Re:You'd think they were building killer cyborgs.. by 10101001+10101001 · · Score: 1

    I wonder...why is that, exactly? Why is Vista such a massive project? It's a serious question. I mean, it's not like they're building HAL-9000 here. It's an OS. A microcomputer OS. Which really, as far as I can tell, doesn't do a whole lot more than a bunch of other OSes that are on the market already. What does it do that's so much more complex, fundamentally, than what OS X does? Or Linux? Or any number of other OSes? Why, exactly, is it such a freaking huge project?

    Consider the following links:

    "By the time it was released, Microsoft Windows NT 3.0 consisted of 5.6 million lines of code spread across 40,000 source files. A complete build took as many as 19 hours on several machines, but the NT development team still managed to build every day (Zachary, 1994)." -- Best Practices

    'There are no other software projects like this," Lucovsky said, "but the one thing that's remained constant [over the years] is how long it takes to build [Windows]. No matter which generation of the product, it takes 12 hours to compile and link the system." Even with the increase in processing horsepower over the years, Windows has grown to match, and the development process has become far more sophisticated, so that Microsoft does more code analysis as part of the daily build. "The CPUs in the build lab are pegged constantly for 12 hours," he said. "We've adapted the process since Windows 2000. Now, we decompose the source [code] tree into independent source trees, and use a new build environment. It's a multi-machine environment that lets us turn the crank faster. But because of all the new code analysis, it still takes 12 hours."' -- Windows 2003 Server, The Road to Gold

    Now, take what that says into consideration. Effectively, Windows is one giant source tree. Even though they're able to decompress the source tree into a few sub-trees, you've got one giant source tree. That's a horribly bad thing. There's two main reasons for this.

    One, by having everything in the same tree, programmers have a tendency to create all sorts of deep dependency issues in attempts to "speed up" the system. It's these sort of problems that push people against monolithic designs, as those "speed up"s tend also create all sorts of virtually untrackable bugs. It's one major reason that Xorg was split up into modular parts.

    Two, by having everything in the same tree, it becomes incredibly difficult to make modifications and improvements in the design. This is partially due to the fact that compile times have a tendency to be dragged out as excessive linking has to be accomplished each compile. And it's partially due to the fact that monoliths are incredibly difficult to adequate comprehend. This latter part means that a person searching to make an addition ends up spending possibly hours trying to figure out just where the changes should be made. Those unwilling to devote the time to do the "right" thing end up just shoving a solution in as a hack and forcing it to run even when the run location is bad. And as we all know, hacks have a tendency to not be fixed. With Microsoft's anal-retentive backwards-compatability standard, this can lead to having to *maintain* such hacks because they become a standard part of the API for people.

    Now, you might ask why Microsoft doesn't just divide up this large project into a collection of smaller projects. There's probably five main reasons for this. The first I've already touched on, such would almost certain break compatability. This comes down to the fact that when a hack is included, it almost always resides on the wrong side of what should be a clean break between two different interfaces. The result, then, is that the hack would require a stub across the break, and even with that in place, the timing change (which could involve a memory swap now that the main chunk of actual cod

    --
    Eurohacker European paranoia, gun rights, and h
  76. RIAA tactics? by Schraegstrichpunkt · · Score: 1

    Sounds more like SCO tactics.

  77. Re:You'd think they were building killer cyborgs.. by killjoe · · Score: 2, Insightful

    "Uh, yeah, my point exactly. See that "remotely modern" part ? >8 year old PCs don't really fall into that category."

    Were you the one that claimed that windows vista had to keep compatiblity for everything between dos 2.0 and windows xp? If so then you were lying.

    "For example ?"

    IE for one.

    "In-house or third party software ?"

    Both.

    "The list of software SP2 broke wasn't particularly big, relatively speaking."

    Even if it broke one application that proves that it's not 100% bug for bug compatible. So once again you have been proven wrong.

    "The list of software it broke that wasn't already broken by virtue of being badly written, vanishingly small."

    Even if just one application broke that proves that it wasn't 100% bug for bug compatible and you have been proven wrong.

    So you admit that SP2 was not bug for bug compatible. That's a service pack update to the same version of the operating system.

    --
    evil is as evil does
  78. Re:You'd think they were building killer cyborgs.. by drsmithy · · Score: 1
    Were you the one that claimed that windows vista had to keep compatiblity for everything between dos 2.0 and windows xp? If so then you were lying.

    No, but that poster was correct - massive amounts of effort are put in on Microsoft's part to retain as much backwards-compatibility (including bug-compatibility). That doesn't mean everything works, it means most things work.

    However, you're changing the subject. Versions of Windows earlier than Win98 don't even come close to be "recent".

    IE for one.

    Indeed. Stunning than a shared OS component would have different versions for different OS revisions. I can't imagine any other platform doing that.

    Both.

    If it's in-house then it's your developers faults. Since you've yet to even come up with some third-party examples - despite supposedly being quite typical - it's hard to take anything you say seriously.

    Even if it broke one application that proves that it's not 100% bug for bug compatible. So once again you have been proven wrong.

    No-one said it was 100% bug compatible.

    Even if just one application broke that proves that it wasn't 100% bug for bug compatible and you have been proven wrong.

    No-one said it was 100% bug compatible.

    So you admit that SP2 was not bug for bug compatible. That's a service pack update to the same version of the operating system.

    No-one said it was 100% bug compatible.

  79. Re:Download - Thanks, Microsoft! - 404! by TheSpoom · · Score: 1

    See title. ;^)

    I opened the file that I had and it didn't seem to contain any spyware or viruses. No idea why it's different from the other one though.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  80. Verified Virus-Free by TheSpoom · · Score: 1

    Scanned with HouseCall.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  81. Re:You'd think they were building killer cyborgs.. by Aquila+Deus · · Score: 0

    A simple reason: they have to rewrite or check a lot of code because the old code base is crap, unlike linux's or OS/X's.

    --
    hmmm... dumb...
  82. Re:You'd think they were building killer cyborgs.. by killjoe · · Score: 1

    "No-one said it was 100% bug compatible."

    Read the thread. One of the astro turfers said that. They said that the reason vista was the largest software development in himan history was because MS had to keep compatibility for everything from dos 2.0 to XP. That was a lie.

    --
    evil is as evil does
  83. Re:You'd think they were building killer cyborgs.. by drsmithy · · Score: 1
    Read the thread. One of the astro turfers said that. They said that the reason vista was the largest software development in himan history was because MS had to keep compatibility for everything from dos 2.0 to XP. That was a lie.

    Presumably you are referring to this post.

    Possible answer: Vista has to generally remain bug-for-bug compatible with every piece of software written for the overall Microsoft platform since MS-DOS 2.0. Apple and Linus both are willing to break developer's applications if the loss of backwards compatibility is worth the gain in speed/size/abstraction/whatever.

    You are wrong.

  84. Re:You'd think they were building killer cyborgs.. by killjoe · · Score: 1

    You your claim is that vista is GENERALLY bug for bug compatible with MS-DOS 2.0 right?

    So I am wrong because Vista is indeed GENERALLY bug for bug compatible with MS-DOS 2.0. Is that your assertion?

    Is this one of those things where it's all going to depend on what definition of GENERALLY means? Kind of like how Bush redefines torture and then claims we don't torture people? I bet it will!. What is your definition of GENERALLY such that vista is GENERALLY BUG FOR BUG COMPATIBLE WITH IT?

    I am dying to know.

    --
    evil is as evil does
  85. Re:You'd think they were building killer cyborgs.. by drsmithy · · Score: 1
    You your claim is that vista is GENERALLY bug for bug compatible with MS-DOS 2.0 right?

    I didn't write the post you are referring to (although I agree with its sentiments).

    So I am wrong because Vista is indeed GENERALLY bug for bug compatible with MS-DOS 2.0. Is that your assertion?

    No, you are wrong because your whole flamefest hinges on the assertion that someone claimed Vista was "100% bug for bug compatible", when no-one (except you) said anything of the sort.

    Is this one of those things where it's all going to depend on what definition of GENERALLY means?

    Yes.

    Kind of like how Bush redefines torture and then claims we don't torture people? I bet it will!.

    Since I'm not American, your pitiful attempts at political trolling are even more of a waste of time than they would otherwise be.

    What is your definition of GENERALLY such that vista is GENERALLY BUG FOR BUG COMPATIBLE WITH IT?

    This will do.

  86. Re:You'd think they were building killer cyborgs.. by killjoe · · Score: 1

    I am still waiting for you to prove me wrong. All you have to do is to prove that vista is generally bug for bug compatible with MS DOS 2.0.

    You up to it?

    --
    evil is as evil does