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Cell Phone Owners Allowed To Break Software Locks

An anonymous reader writes "The library of congress approved many copyright exemptions today. Among the exemptions were new rules about cell phones, DVDs, and electronic books." From the article: "Cell phone owners will be allowed to break software locks on their handsets in order to use them with competing carriers under new copyright rules announced Wednesday. Other copyright exemptions approved by the Library of Congress will let film professors copy snippets from DVDs for educational compilations and let blind people use special software to read copy-protected electronic books. All told, Librarian of Congress James H. Billington approved six exemptions, the most his Copyright Office has ever granted. For the first time, the office exempted groups of users. The new rules will take effect Monday and expire in three years. In granting the exemption for cell phone users, the Copyright Office determined that consumers aren't able to enjoy full legal use of their handsets because of software locks that wireless providers have been placing to control access to phones' underlying programs."

79 of 305 comments (clear)

  1. How about not treating me like a criminal in the by Anonymous Coward · · Score: 5, Insightful

    first place and reversing the DMCA? Especially with crap that I buy and should be used in a manner I see fit short of mass distributing it to other anonymous people.

    These exemptions are nice and all, and I know the Library of Congress does not have the authority to do more (only Congress itself or the SoC can repeal the DMCA) - but I feel I'm got punched in the face and the LoC is passing by and helpfully giving me a tooth back. What about all the other missing teeth?

  2. sweet by Anonymous Coward · · Score: 2, Funny

    turkey and some decent rules

    what a good day

  3. As if anyone cares? by Opportunist · · Score: 4, Insightful

    With copyright laws being so complicated and contradicting, people care less and less about them. Since it's virtually impossible not to break them, a general "I'm prolly guilty already anyway, who cares?" attitude is spreading.

    The more laws you have, the more crime you create.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:As if anyone cares? by robpoe · · Score: 4, Insightful

      Interesting viewpoint - and one I highly agree with.

      I wouldn't care so much about DRM - because I don't re-share files. If I purchase music, I'd like the opportunity to do with it as I see fit - and might even put the digital music on a family member's computer/music player.

      Take Peanut Press for example. They encrypt(ed?) their books with your full name and credit card #. I didn't mind putting that on a few trusted friend's PDA's - but I'm not going to re-distribute it across hell and back.

      I wouldn't even mind some kind of secure but un-protected form of music / content.

      The digital content I purchased is watermarked in some un-removable way. If I share that music, then I'm liable in some form. Or I lose my ability to purchase more. That would work even better than losing my rights to what I already have. I'd be careful about my files if that were the case..

      --
      = Grow a brain...
    2. Re:As if anyone cares? by Anonymous Coward · · Score: 4, Insightful

      Can you imagine some guy taking your credit card info, purchasing lots of DRMed file protected by your name/CC# as you describe and then torrenting the hell out of them?

      Now the company sues you.

      I sure can imagine it. CC info theft is nearly trivial and not uncommon.

      There are also holes in your other thoughts - files on a Windows computer can be distributed without owner's knowledge. I can imagine bots that spefically look for those files after they infect their host. And then send them into the ether.

      About you not minding DRM - that's noble of you. But I want to wait on you decision after you change a couple of music players, the formats of your videos change, and E-books become the norm but not a standard. When your friends can't swap movies, music, etcetera with you because you all have different players that are completly incompitable with each other not because of a hardware problem (being digital) but as a programmed in limitation.

      Great ideas you have. Very noble, sacrificing your rights to the poor corporations in all our names so you can have some shortterm convenience. Thanks for playing the idiot game. Please come again.

    3. Re:As if anyone cares? by Dunbal · · Score: 2, Insightful

      I imagine if there were no consequences for killing someone else, there would be a dramatic increase in murder rates.

            So we are bound by your imagination? In actual fact - perhaps you should look at some poorer countries that have less ability to enforce. You'll find that the murder rates are not much higher and in some cases even lower. And look at Iraq - where there's a cop or soldier on virtually every street corner. How is THEIR murder rate?

            See not killing people, or compliance to your "law" is not a function of the law or its enforcement. It depends on other things - hostility of a human towards his fellow man, for social, political or religious reasons, etc. The NEED to kill. Not "the law". You have to change the conditions that are upsetting people if you want them to stop, not put an artificial barrier and punish those who cross it.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:As if anyone cares? by RAMMS+EIN · · Score: 2, Interesting

      ``With copyright laws being so complicated and contradicting, people care less and less about them. Since it's virtually impossible not to break them, a general "I'm prolly guilty already anyway, who cares?" attitude is spreading.''

      That may be true of natural persons, but companies can't have such a lax attitude. Before you know it, you have an audit on your hands...and if things aren't in order, you could lose everything you've built up, perhaps more.

      Also, I'm not sure wholesale copyright violation is a Good Thing. Remember, copyleft is about using copyright to ensure user's rights and freedoms. If you take away copyright, the GPL and LGPL (and similar licenses) will lose their force, and this could very well lead to companies (and other parties) distributing binary blobs based on what used to be Free software, without contributing back their improvements to the community. This could be a major setback for Free software.

      --
      Please correct me if I got my facts wrong.
  4. This sets a bad precedent by Anonymous Coward · · Score: 5, Insightful

    Namely, the precedent of whitelisting the allowed activity in terms of excercising the fair-use rights.

    1. Re:This sets a bad precedent by Anonymous Coward · · Score: 2, Interesting

      This is along the same lines of Alexander Hamilton's problem with the Bill of Rights. You shouldn't have to enumerate the rights the people have, they have them all! When you list them, you implicitely say that's all the rights they have.

  5. How kind of them to smile upon us wretches. by Kadin2048 · · Score: 5, Interesting

    but I feel I'm got punched in the face and the LoC is passing by and helpfully giving me a tooth back. What about all the other missing teeth?

    That pretty much sums it up. I was thinking of it more like you just got the shit kicked out of you by someone, and the LoC was too weak to do anything to help you, but now that you're lying facedown in a puddle of your own blood he'll helpfully get you an ice pack.

    These concessions are great, but they're like the Warden giving you an extra ration of food, when you're not supposed to be in jail in the first place. We shouldn't have to have these concessions granted -- all the things mentioned in the summary are common sense, and ought not be protected by copyright in the first place.

    Plus, these concessions are just three years. Since they're not permanent, if they're not renewed constantly, they disappear. That makes them hard to count on in the future. When the media lobby got its copyright extension last time, I can't help but notice that there wasn't an expiration or "lets revisit this in 5 years" date; it was permanent.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  6. Technicalities by moatra · · Score: 5, Insightful

    In a purely technical point of view, what's the difference between being allowed to break the lock on your cell phone to enjoy its use to the fullest extent, and say, breaking the lock on your music to use it to its fullest extent? After all, you still paid for both.

    --
    Disclaimer: Any errors in spelling, tact or fact are transmission errors.
    1. Re:Technicalities by MichaelSmith · · Score: 2, Interesting
      In a purely technical point of view, what's the difference between being allowed to break the lock on your cell phone to enjoy its use to the fullest extent, and say, breaking the lock on your music to use it to its fullest extent? After all, you still paid for both.

      I might buy a phone for $1 and pay it off over 24 months. If I break the lock I am not paying for the phone. If I buy a CD of music the supplier doesn't lose anything if I shift it to a different format.

    2. Re:Technicalities by 1u3hr · · Score: 2, Informative
      I might buy a phone for $1 and pay it off over 24 months. If I break the lock I am not paying for the phone.

      Presumably you signed a contract to pay or subscribe to some service. The contract is still enforcible legally, they just can't hold your phone hostage by locking it up.

    3. Re:Technicalities by ArsenneLupin · · Score: 2, Interesting
      Yes, this is the usual practice in the UK. In Belgium the practice (and law) is that all phones sell at full price and are unlocked.And in Luxembourg you have the choice. Either pay full price, and have free choice of provider, or subscribe with shop's affiliated provider, and pay less (... and have to stay for a set amount of time with a plan with non-zero monthly due).

      If you actually use your phone for a non-trivial amount and switch back to a zero-monthly-due plan as soon as possible, you'll usually come out ahead taking the plan.

      AFAIK, there are no technical locks, only contractual obligations (i.e. you can actually switch to another provider; but if you do, you still need to pay the monthly due to the provider that you don't use).

    4. Re:Technicalities by anothy · · Score: 3, Funny
      I might buy a phone for $1 and pay it off over 24 months.
      wow, times must be really tight if you're making monthly payments on a $1 bill. poor guy.
      --

      i speak for myself and those who like what i say.
  7. Re:Read or Die? by minusX · · Score: 2, Informative

    [i]I think Europe is smarter than USA and will not destroy the lock-down supported expansion of mobile telephony. Europe and its GSM system is much ahead of americans in mobile communications and cannot alow it to collapse.[/i] What do you mean? I know a few places in Europe where they REQUIRE companies to unlock the devices if users ask.

  8. Re:Read or Die? by FinestLittleSpace · · Score: 4, Informative

    In the UK unlocking has not damaged the industry at all. Here you sign a contract; you can't break the contract, so therefore even if you unlock your phone, you still have to pay the remainder of your contract.

    That sorts it all out in one.

  9. Re:Read or Die? by CmdrGravy · · Score: 3, Informative

    I think the mobile phone industry can take off just fine without locked down handsets.

    I live in Europe and I have never seen or heard of anyone who has their phones functionality locked down. Most people don't buy phones here, they get them for "free" when they sign up to a years contract. At the end of the year you get an upgrade to a new handset and can keep the old one and do what you like with it including using it on other networks.

  10. Smart phones? by minusX · · Score: 2, Interesting

    It'd be very interesting to see how this might affect smart phones which have data services tied to carriers(like the Sidekick.)

  11. Cellphone locks by eraserewind · · Score: 2, Interesting

    Are not easily breakable except on earlier phones I'm afraid. SIM lock is not like DRM. It is possible to do it properly. For these kind of rulings to be meaningful they need to be backed up by regulation mandating that carriers give the key to unlock it (or not do it in the first place).

  12. Re:Read or Die? by pe1chl · · Score: 4, Informative

    You must be new.
    It was quite usual to have a "SIM lock" on phones provided for free, especially with pre-paid contracts (where you pay a certain amount for a number of call minutes, can call for that amount of time, and then have to pay again to continue using the phone).
    As there is no fixed-term contract with monthly payment in this construction, the only way to cover the cost of the phone is/was for the provider to hope that you buy enough call minutes.
    To prevent you from changing the SIM to one of another provider (with cheaper call minutes, for example), they "had" to lock the phone to the SIM.
    However, after a certain amount of time you could request a code to release this lock. Or you could use a hack and have it released immediately.

  13. Re:How about not treating me like a criminal in th by John+Miles · · Score: 4, Insightful

    If the only limit is that you can not mass distribute it, then you limit the ability of companies to offer products with more flexible and personalized limits.

    Your business model is not a government entitlement program. The rest of us are not bound to rewrite our laws to support it.

    Why exactly can't, for example, you and I come to some agreement that, for example, you write some song and I am allowed to listen to it exactly once since this we came to a mutually agreed upon price for which I agreed to listen to it only once?

    You should certainly be able to do that under private contract law, but because your business model represents the grossest-imaginable violation of the Constitution's language authorizing copyrights, you should not be able to leverage Federal copyright law to enforce your terms.

    --
    Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
  14. Oh, you're being granted "use" back again. by Anonymous Coward · · Score: 5, Insightful

    From TFA:

      "Other copyright exemptions approved by the Library of Congress will let film professors copy snippets from DVDs for educational compilations"

    In my day, we called this "fair use", and were allowed to do this as an exemption from general copyright rules.

    From TFA:
    "let blind people use special software to read copy-protected electronic books."

    In my day, we called this "use". It's why we buy the item in the first place - in order to use it. Not in order to sign a scarecrow EULA once the box is open.

    Well done America - granting temporary rights to people that they should already have.

    1. Re:Oh, you're being granted "use" back again. by mr_matticus · · Score: 3, Interesting

      To call this "granting" rights would be a misrepresentation. This is nothing more or less than an attempt to restore certain rights which were made (erroneously) illegal because of the DMCA and related legislation. It's a temporary policy not necessarily out of malice, but simply for convenience in writing legislation. Adding more laws to the books on a permanent basis without observing their consequences might just create an even bigger headache.

      Low opinion of government notwithstanding, the fact that this is coming under mandatory review in 3 years is a good thing. Once again, Slashdot attacks people in government for doing the right thing (in this case, taking steps to correct a previous wrong). Do you honestly think that Congress got together and said, "let's take away our own rights and the rights of our constituents, too!" or is it possible that the DMCA simply fell victim to expert lobbying and a level of severity that simply wasn't anticipated?

    2. Re:Oh, you're being granted "use" back again. by RAMMS+EIN · · Score: 2, Informative

      ``In my day, we called this "fair use", and were allowed to do this as an exemption from general copyright rules.''

      I'm not sure about the situation in the States, but in the Netherlands (as well as other EU countries), "fair use" is more than just "exemptions from general copyright rules": these cases are actually written in the law as rights of the public.

      The EUCD (EU equivalent of the DMCA) explicitly overrides these rights, by stating that effective technical measures that prevent you from doing certain things may not be circumvented (doing so is a criminal offense), even if these measures prevent you from exercising things you have the right to do under copyright law.

      Disclaimer: I'm not a lawyer, so don't take my statements as the ultimate truth about EU law, much less US law

      --
      Please correct me if I got my facts wrong.
  15. Requirements for usage restricted equipment by ZorroXXX · · Score: 3, Insightful
    Regarding locked-down handsets, there are two requirements that I think should be imposed. When companies sell equipment that has (technical) usage restrictions from its normal, unlimited usage
    1. such usage restrictions must be time limited (i.e. no phones that never can be used with another operator)
    2. the customer should always have the choice to buy either a restricted or unrestricted version (i.e. a shop cannot only offer to sell you a given phone as part of a subsidized deal, if you want to buy that phone with no restrictions at full price you should be able to do so (at whatever price the shop would classify as full price. I do not want to impose any rules for this, only the principle that the customer always can choose))
    --
    When you are sure of something, you probably are wrong (search for "Unskilled and Unaware of It").
    1. Re:Requirements for usage restricted equipment by freedom_india · · Score: 2, Insightful

      I think point 2 is already done. The prices are too high for you and me to afford. Like $340 for a Moto V3 Razr in RadioShack (unlocked). So that makes us automatically go for the locked one.
      Actually its predatory marketing.
      The recent LoC ruling states that you can buy a Locked phone, break the lock and go scot-free.
      Am sure this "mistake" would be corrected by Telcos when the next congress convenes, making it illegal to unlock any phone.
      Expect a hidden bill whose story would splashing in YRO Slashdot in Feb '07 about this.

      Enjoy while it lasts. Better yet buy as many locked phones, unlock and sell them elsewhere...

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    2. Re:Requirements for usage restricted equipment by fermion · · Score: 2, Informative
      The claim is that the carriers sell the equipment at a loss, and then make the profits on the multiyear contracts. The current argument is that the cost of acquiring the customer and the discount is so great, that the customer now has to pay extra if only on a one year contract.

      But if the claim that they are losing money on the phone is true, then why won't the activate a phone the customer supplies. The carrier is not losing money on the sale of the phone. The carrier is still getting a contract. The phone is part number equivalent to what they sell. A friend lost a phone, and I tried to get the carrier to use a phone the sold me a couple years previous, and they refused. They wanted another two years of contract.

      Like so many other things, the issue is control. Control your customer and you control your revenue. With the recent merger of SBC and ATT, some wonder if the fight to break them up was worth it. If you recall the lock that ATT had on the consumer, the answer is yes. ATT charged huge fees if the customer ran more than one line in the house. Not had more than one phone number, just had multiple phones. ATT charged huge rents on phones. ATT charged husge long distance fees, some of which were justified due to limited bandwidth and cost of launching satellites, but they cost kept rising even though bandwidth was growing and the technology was maturing rapidly. The consumer lock in kept prices high, just like land lines providers can still charge huge sums of money for to call someone 20 miles away.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  16. Re:How about not treating me like a criminal in th by mumblestheclown · · Score: 3, Insightful
    Your business model is not a government entitlement program. The rest of us are not bound to rewrite our laws to support it.

    Wow. What a load of crap. Here is the full extent of what the Constitution, which you cite, says about copyright:

    "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

    Within this broad framework, it is the mandate of legislators to enact legislation and the judiciary to make ruilings that seek to best "promote the progress of science and useful arts" by balancing the needs for rightsholders to be motivated and the public's right to information. Some things, like national defense, are impractical or impossible to contract on a 1-v-1 basis. Likewise, it is impractical if not impossible to have a complete contract written every time any transfer or license of IP occurs. Therefore, much of what we think about IP is determined by judicious consideration of the balance. Now, you personally may not like where the balance was struck most recently. However, your statement of "grossest imaginable violation of the constitution's language" is hyperbole in the extreme, and, more to the point, absolute bollocks. Oh, I'm sorry, was I not actually supposed to cite the constitution and what it actually says? Was I supposed to take your bald assertion on faith?

  17. Re:Examples? by pe1chl · · Score: 2, Insightful

    Of course there is a difference between what would be theoretically possible, and what measures manufacturers are willing to take.
    It would also be possible to make the IMEI (the hardware ID) of the phone really immutable, but in practice it seems to be easier for manufacturers to put it in flash memory where after shorter or longer time it becomes possible to change it via hacker tools.

    There are different parties involved. Equipment manufacturers, service providers, service technicians, customers. Each has different requirements.
    A customer may like a hardwired unique IMEI and would like to see a lockout list for stolen equipment, because that protects him from phone robbery. However, the service provider does not like to lockout stolen phones, because it means a lost potential customer.
    A service technician may have to copy the IMEI from old to new phone when he replaces a board, but having this possibility often means that tools are available that allow the change of IMEI, making a lockout based on IMEI inpractical (and this fact is used as a convenient excuse by service providers).

    The SIM lock situation is similar. Service providers like it, but manufacturers, technicians and customers probably don't. So again there often are tools to work around it, and they invariably leak out.

  18. Re:Read or Die? by moatra · · Score: 3, Informative

    Otherwise, I thought USA is governed by President, Representatives and Senate. The only Library that had government power was in the japanese anime "Read or Die" and that was the British Library. Who is a library to decide what can be hacked? That is a matter of legislation, reserved for the authority of elected officials only.The Library of Congress houses the U.S. Copyright Office. Thus, the current Librarian of Congress had the Copyright office pass the following regulation: Exemption to Prohibition against Circumvention. They did so with the authority given to them in Title 17 of the US Code Section 1201(a)(1)(C). So yes, they were within their legal bounds... too bad it only lasts for 3 years though.

    --
    Disclaimer: Any errors in spelling, tact or fact are transmission errors.
  19. hard questions by mitchskin · · Score: 3, Insightful

    He's just opened up some pretty tough definition questions. Who counts as a "security researcher"? Who counts as a "film professor"?

    Sign up now to be a faculty member in the film department of my brand new internet university!

  20. Re:How about not treating me like a criminal in th by 1u3hr · · Score: 4, Insightful
    Why exactly can't, for example, you and I come to some agreement that, for example, you write some song and I am allowed to listen to it exactly once since this we came to a mutually agreed upon price for which I agreed to listen to it only once?

    That's the way we'd do it if you were a wandering minstrel and I was a local lord of the manor, five hundred years ago. So am I supposed to phone Paul McCartney if I want to play Mull of Kintyre?

    A few giant media companies control copyright on most of what we listen to or watch. They don't "come to agreements" with us. They use lobbyists to get laws made to legalsie the conditions they want. There is no negotiation, unless you count "take it or leave it".

  21. Re:How about not treating me like a criminal in th by John+Miles · · Score: 4, Insightful

    Oh, I'm sorry, was I not actually supposed to cite the constitution and what it actually says? Was I supposed to take your bald assertion on faith?

    No, you were supposed to actually read what you were cutting and pasting. Specifically, the part about a "limited time."

    Does your DRM scheme contain an automatic sunset provision to ensure that you actually live up to your end of the copyright bargain... the part that says your work must revert to the public domain upon expiration? If it doesn't (and let me take a wild guess here: it doesn't), then you are not operating within the bounds of copyright law as envisioned by the framers.

    That's not to say that the deal you're offering is necessarily a bad one for consumers, but in any reasonable world, the minute you take steps to ensure that your content can never enter the public domain, you should no longer be entitled to legal monopoly protection. You're just another looter looking for a free ride at public expense.

    --
    Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
  22. Re:How about not treating me like a criminal in th by mr_matticus · · Score: 2, Interesting

    Don't be ridiculous. DRM and the expiration of copyright are irrelevant to each other. This is the worst (and most popular) form of FUD with regard to DRM. When copyrights expire, there are any number of avenues for you to leave behind your DRMed file.

    Most importantly, in 50 or 60 years when the copyrights actually expire, will you still even want your 128kbps mp3? Of course not. The public domain file will be provided in a superior format from a master recording.

    Moreover, there's no fundamental reason why future DRM can't include a system which automatically disables DRM upon copyright expiration. But of course, any system which checks the validity of DRM licenses would be attacked as an invasion of "privacy."

  23. Beginning to look like tax law... by imaniack · · Score: 2, Insightful

    This is a blow to FOSS, anti-copyright and anti-paten movement. Implicit in this examption is that the other kind of activities are not exampt. (or maybe it's not all that implicit after all, but I am not a lawyer...) Also, if they are beginning to exampt this and that group of people for various reason, where they will stop? This area of law is relatively young and not all things has been sorted out yet, and introducing these sort of complication at this point in time seems not in the best interest of public.

    This smells like the very first step in becoming like US tax law: an unfair system benefitting mostly rent seekers that cannot even be fixed due to too much entanglement of too many different special interest groups.

  24. Re:Library of Congress? by 91degrees · · Score: 3, Informative

    Since when the fuck does anyone give two-shits what the library of congress says?

    1998.

    Where'd they get this authority????

    From the DMCA, which gets its authority from the US government, which in turn gets its authority from the voters of the US.

  25. DeCss now legal? by thue · · Score: 3, Insightful

    will let film professors copy snippets from DVDs for educational compilations

    Which you can only do by bypassing the copy protection. Does this make DeCSS legal, and the "no breaking encryption" clause of the DMCA void?

    1. Re:DeCss now legal? by JFMulder · · Score: 2, Informative

      Sigh. Read the SUMMARY. These laws allows certain people to break a law that you otherwise can't/shouldn't break. Basically it's saying : we allow this for the greater good. See it as the license to kill for James Bond. He can kill, but you can't.

      In other words, if you are not a teacher, and you are not going to be showing this in a school, this law does NOTHING for you.

  26. Re:How about not treating me like a criminal in th by John+Miles · · Score: 4, Insightful

    DRM and the expiration of copyright are irrelevant to each other. When copyrights expire, there are any number of avenues for you to leave behind your DRMed file.

    Really? How so? Are you aware that rightsholders are no longer required to deposit a copy of their work with the Library of Congress? That requirement was established precisely to ensure the eventual availability of protected works to the public domain, and it didn't actually go away until 1976, I believe. Without the requirement to deposit a copy in an accessible form, all of your suggested "avenues to leave the file behind" are entirely voluntary.

    But I'm sure that almost everyone who takes advantage of the DMCA's anti-circumvention protection has deposited unprotected copies for release to the public domain at the appropriate time... right?

    Most importantly, in 50 or 60 years when the copyrights actually expire, will you still even want your 128kbps mp3? Of course not. The public domain file will be provided in a superior format from a master recording.

    Um. OK, I guess, if you say so.

    Moreover, there's no fundamental reason why future DRM can't include a system which automatically disables DRM upon copyright expiration.

    Then there's no fundamental reason why future laws can't be passed to take that into consideration.

    --
    Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
  27. Re:How about not treating me like a criminal in th by ArsenneLupin · · Score: 2, Insightful

    Most importantly, in 50 or 60 years when the copyrights actually expire, will you still even want your 128kbps mp3? Of course not. The public domain file will be provided in a superior format from a master recording.And where, pray tell, would this recording come from? All would be fine and dandy if the original master recording is still around. But for all we know, the company having done such recording may long have gone bust, or they might still be around, but unwilling to provide it for whatever reason. So, the only way to keep companies honest would be to force them to deposit an DRM-unencumbered copy at the Library of Congress. But, AFAIK, there is no such law. And even if there were, who's gonna check that all those zillions of media deposited daily are indeed compliant? Moreover, there's no fundamental reason why future DRM can't include a system which automatically disables DRM upon copyright expiration. But of course, any system which checks the validity of DRM licenses would be attacked as an invasion of "privacy."Such a system would have to rely on an online server in order to be reliable. This would, as you rightfully point out, carry the potential of privacy invasion. But most importantly, who would operate such server once the copyright expires? Companies go under, you know, or they might simply claim that it is an unreasonable burden to operate such a server without economic benefit to them.

  28. Don't understand by JohnFluxx · · Score: 2, Interesting

    Hi all,

        I don't really follow the bit about being allowed to copy snippets from a DVD. How exactly are you allowed to do that legally? Does that mean it's okay to use DeCSS for such a purpose? Can decss now be legally shipped with distros "for the express purpose of only copying snippets" ?

        If cracking a DVD is still illegal, then does is this kinda like the right for a man to bear children. We can't actually do it, but we now have the right :) ?

    1. Re:Don't understand by BoberFett · · Score: 2, Funny

      Would you like us to call you Loretta?

  29. Re:How about not treating me like a criminal in th by John+Miles · · Score: 4, Insightful

    And where, pray tell, would this recording come from? All would be fine and dandy if the original master recording is still around. But for all we know, the company having done such recording may long have gone bust, or they might still be around, but unwilling to provide it for whatever reason.

    Heh... stick around, and someone will eventually trot out the tried-and-true, "B-b-but there's no such thing as unbreakable protection. A friendly hacker will eventually come along and deprotect the work!" argument, using lofty-sounding language worthy of Madison himself.

    --
    Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
  30. Think of the implications by Opportunist · · Score: 2, Insightful

    What happens when your laptop gets stolen? What happens when someone implants a trojan on your computer that allows him free access to your data?

    There are so many opportunities for (and cases of) data theft that being liable for the leaking could well be a can of worms you don't even want to think about opening.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  31. In Soviet Russia... by monktus · · Score: 4, Informative

    ...or actually the rest of the world, it's generally neither illegal or impractical to unlock a mobile for use on any network. AFAIK, the only UK networks who still SIM lock their phones are Orange and T-Mobile (and maybe 3, I forget), and you can get most phones unlocked for about a tenner.

    I did so recently with an old SonyEricsson from T-Mobile when I discovered that my Orange Windows Mobile powered PDA was useless as a phone.

    The mobile market in the US seems a bit peculiar generally.

    --
    Weaseling out of things is important to learn. It's what separates us from the animals... except the weasel."
    1. Re:In Soviet Russia... by sponga · · Score: 2, Interesting

      Go into the T-mobile store and they will most likely unlock it for you; although I am in the U.S..

      I had the same problem with my Nokia with T-mobile where I could not run any applications(google) on the phone or browse correctly; they set it and now everything works.

  32. No payola? by squarooticus · · Score: 2, Insightful

    I guess the cell phone companies didn't get their checks in to their congresscritters' campaigns in time.

    --
    [ home ]
  33. Re:Read or Die? by david.given · · Score: 2, Informative

    You pay once to have a phone number assigned to you and get a SIM-locked handset (for cheap due to big subsidy from the telco) but if you actually want to talk on it, you have to buy creditcard sized vouchers with a taped over code. Remove the tape, type the long keycode into the handset and send it in SMS short message to a service number. The voucher is invalidated and your SIM card is credited with the amount of money or talktime.

    Yeah, I have one --- I spend maybe 15 UKP a year on call charges. But surely, who sells subsidised pay-as-you-go phones? Everywhere I've looked, and I've recently upgraded to a new phone so I've looked quite hard, the pay-as-you-go price for a phone is considerably more expensive than the contract price for exactly this reason.

  34. Re:Read or Die? by badzilla · · Score: 2, Informative

    The EU and UK are not approaching unlocking rights from the point of view of copyright protection, rather they see it as a "restraint of trade" lawful competition issue where locking interferes with your consumer rights to dump one network and prefer the services of another.

    --
    "Don't belong. Never join. Think for yourself. Peace." V.Stone, Microsoft Corporation
  35. Re:Read or Die? by MickDownUnder · · Score: 3, Interesting

    You guys are totally off the track, they're not talking about SIM locks. They're talking about software locks, which is the ability to install software on your phone that for example allows you to play mp3's or view divx videos which are not DRM protected. Not whether you can get a cheap phone on a contract then break the contract and go to another carrier with cheaper call rates, that has nothing to do with this at all.

    I have some experience developing applications for Microsoft Windows mobile smartphones. They have always allowed vendors to choose what level the OS is locked down. By default the Windows Mobile OS is not locked down, which is something I must commend Microsoft for, however vendors of mobile phones can choose to change this such that the Windows Mobile OS is either totally locked down i.e. doesn't allow any 3rd party applications to be installed or run, or locked in such a way that the user is prompted to verify software should be run that has not authorised by the mobile phone vendor.

    This is a discussion about whether or not small DEVELOPERS can get into developing applications for the mobile market or whether it is going to be left to the big players to decide what software we're allowed to have on our handsets.

    As mobile phones become increasingly more like mobile pcs, this is a big issue. If the day comes when this is the platform on the market, and XP, Linux and all other desktop flavours of operating systems are history, which is actually quite a likely scenario, then how locked down a system is to 3rd party developers becomes a major issue for personal liberty and freedom of choice. If we cannot choose what software we can develop and run on our computers we have lost our ability to communicate freely.

    Basically I simply don't think any locked down system is going to prevail simply because the market will ultimately reject it in favour of who ever supplies a system that is not locked down. In terms of features no locked down system is going to compete with another that allows any developer in the world to create new applications for it.

  36. Re:Library of Congress? by Dunbal · · Score: 2, Funny

    From the DMCA, which gets its authority from the US government, which in turn gets its authority from the voters^H^H^H^H^H^H corporations of the US.

          There, all fixed...

    --
    Seven puppies were harmed during the making of this post.
  37. Re:How about not treating me like a criminal in th by Dunbal · · Score: 3, Insightful

    In practice, works that lose their protection are in the public domain, but you'd be a fool to think that this was a primary consideration of the framers.

          Let me point you back to the first clause in your sentence, specifically: "In practice, works that lose their protection are in the public domain". Then you go on to create a hypothetical argument to justify yourself, because apparently YOU know what the framers intended, and WE don't. Again - In practice, works that lose their protection are in the public domain. This wasn't any different back then. They knew that, otherwise an amendment would have been tacked on really quickly - when the first copyrights began to expire.

          We're talking about DVD's and music and other DRM'd stuff here anyway. I doubt very much that everyone wearing a Jar-Jar T-shirt with an image illegally ripped from a Star Wars DVD is going to stop Hollywood from "innovating" and making movies, so the progress argument is mostly moot in this case. Still-

          You think that copyright promotes progress - this is not true. Oh, it promotes progress for the author in terms of advancing the bank account. This does not guarantee, however, that this author is the best person to take a "next step" with that invention and create something else, however. The more information is shared (a great example being education, where knowledge is shared) the more likely you are to stimulate more individuals who have the potential to have their own stroke of genius.

          Copyright law as it currently stands exists to protect revenue streams. Not "progress in science and the arts". It's logical that a copyright owner wants to maximize this revenue. But that doesn't mean it's a good thing for society. A lot of us would love to know how certain things are done - at a software level for example - out of curiosity. But if we know how to do 'X' efficiently, some of us might be able to come up with Y, Z, or even a whole different alphabet. We're called criminals now, however. How dare we 'reverse engineer' stuff...

    --
    Seven puppies were harmed during the making of this post.
  38. Re:How about not treating me like a criminal in th by simonwalton · · Score: 5, Funny

    I don't understand this story. Can someone give a car analogy please?

  39. Re:How about not treating me like a criminal in th by geminidomino · · Score: 3, Funny

    Exactly. The cell carriers double-dip into the "subsidized phone" excuse. First, you have to sign a contract to make sure you're with them long enough for them to make a return on the phone subsidy. Then, after the contract is up, you can't take the phone with you to a new carrier, because they subsidized it.

  40. Re:How about not treating me like a criminal in th by antonyb · · Score: 2, Funny

    Most importantly, in 50 or 60 years when the copyrights actually expire, will you still even want your 128kbps mp3? Of course not. The public domain file will be provided in a superior format from a master recording.Oh - like on Usenet now? ;)

  41. Re:How about not treating me like a criminal in th by hotdiggitydawg · · Score: 4, Funny
    Don't worry about drowning at the bottom of the 400 foot cliff; it's the fall that's gonna kill you.

    Technically it's not the fall itself that kills you, but the rapid deceleration experienced at the end of it... Of course, once the fall commences you're inevitably screwed unless you had the foresight to save your own ass by packing a parachute.

    Wow, finally a Slashdot analogy that fits the situation! I never thought I'd see the day...
  42. I Knew I Slept Long... by RAMMS+EIN · · Score: 2, Funny

    Okay, I knew I had slept long...but I didn't think it would be April Fools Day, yet. They're actually _decriminalizing_ limited circumvention of draconian DRM? What a joke!

    --
    Please correct me if I got my facts wrong.
  43. Re:How about not treating me like a criminal in th by RAMMS+EIN · · Score: 2, Interesting

    ``How about not treating me like a criminal in the first place and reversing the DMCA?''

    Exactly. Nothing against rights holders protecting their rights, but if the DRM scheme prevents me from exercising my fair use rights, and I circumvent the scheme in order to exercise those rights, I don't feel _I_ should be the criminal.

    --
    Please correct me if I got my facts wrong.
  44. Re:How about not treating me like a criminal in th by ArsenneLupin · · Score: 2, Insightful
    Negative media attention is a HUGE factor when it shows up on their radars.But they are quite successful at making sure that it doesn't show up on their radar. Easiest way: buy the media that could badmouth you (wonder why so many "entertainment" companies also own news media?). Second easiest: if you shaft your customer, be sure to do it in such a way that most won't understand. Then, chances are that newspeople won't understand it either, or, if they do, that they're afraid of boring their readers/viewers, and sell less paper.

    It may not have an apparent effect on their status, but that's mostly because they're quite successful at mitigating the impacts.Exactly It is very costly for a big company to endure a pummeling in the press, and they spend a great deal of money to fix the problem.
  45. Cellphone locking by jonwil · · Score: 3, Informative

    There are 2 kinds of cellphone locking, there is the locks that prevent you using any other network and there are the locks that disable features such as the abillity to load MP3 files directly from a PC for use as ringtones or the abillity to read camera pictures back from the phone without going through per-pay services (Verizon mobile is notorious for this kind of locking crap). It would appear as though this copyright office ruling only covers the first kind (network locks) and not the second kind (feature locks).

  46. Just though everyone should know... by TheVelvetFlamebait · · Score: 4, Informative

    ...that the DMCA anti-circumvention laws only apply to copyrighted content, not public domain works. Still, it is illegal to distribute circumvention technology. Will we have to wait for the DVD to go the way of the projector before we can distribute libcss?

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  47. Re:How about not treating me like a criminal in th by inviolet · · Score: 2, Insightful
    Free market doesn't apply.

    And you can't say that nobody is forcing you. Of course, I can choose not to pay for Cinemax, but then I wouldn't be able to use HBO, that I want. If this was a free market, I wouldn't be forced to make that choice.

    Do not equate "free market" with "infinitely granular market".

    A free market exists when producers can sell their wares whenever, however, and to whomever they wish, with a view towards maximizing profit. Maximum profit often means bundles, bargains, wheeling, dealing, coupons, loss-leaders, lock-ins, etc. etc. etc.

    Everyone ultimately benefits because the incentives to produce are maximized. That would not be so in your infinitely granular market, which could not profitably support certain bundles, package deals, and loss leaders.

    The ultimate freedom is, of course, still yours: you can sit at home, buy nothing, trade nothing. To ask for more is to ask to have a private right to unilaterally dictate terms to any who are guilty of the crime of production.

    --
    FATMOUSE + YOU = FATMOUSE
  48. Re:How about not treating me like a criminal in th by FireFury03 · · Score: 4, Insightful

    But of course, any system which checks the validity of DRM licenses would be attacked as an invasion of "privacy."

    If you have to validate the licence by contacting a remote server, not only is it an invasion of privacy, but if the remote server is inaccessible you lose the ability to use the content that you have licenced. So if the licensor goes out of business, you have ultimately lost access to everything you have paid for. I've brought up this comment with regards to DRM schemes like iTMS before, and invariably I get a comment like "There's no way a big company like Apple would go under" - what a naive claim. Big companies go under all the time, you only have to look at Enron for a recent example.

    For me, this is the big deal - if my entire music library that I have *paid* for suddenly stops working, I'm going to be pretty pissed off.

    Also, the ability to use DRM'd content *now* is a big deal. If I have paid for some content, why must I also be required to pay a licence fee to the owner of the DRM technology? This is usually going to either tie me to specific hardware (e.g. I'd have to buy a commercial BluRay player and HDCP capable TV), cost me an infeasable amount of money (wanna try asking Microsoft for a licence to decode WMP's DRM in your personal project?) or tie me to a specific operating system (why should I be required to buy Windows - an operating system that is completely useless to me - and a new computer to run it on, just so I can play some Microsoft DRM protected content? Seems rather anticompetetive to me - what we effectively have is a cartel of corporations who are doing their level best to lock anyone else out of the market.

    Here is a real world example: I use MythTV as my PVR with a DVB-S card. I cannot use this system to pick up much of the satellite programming here in the UK because it is broadcast using NDS-Videoguard encryption. The *only* way you can use such broadcasts with a PVR (without going through the analogue hole) is to buy Sky's own Sky+ PVR system. Sounds anticompetetive doesn't it? Sky have a monopoly on satellite enabled PVRs in the UK because noone else can legally produce a PVR system that can receive many of the satellite channels. This doesn't just apply to Sky's own channels either - many channels that are touted as "free" are still encrypted using this system and you still have to buy Sky licenced equipment to receive these channels. (And before anyone suggests that Sky own the satellite, they don't - SES own the Astra 2 constellation.)

  49. Re:How about not treating me like a criminal in th by Steve001 · · Score: 2, Informative

    ArsenneLupin wrote as part of a post:

    Most importantly, in 50 or 60 years when the copyrights actually expire, will you still even want your 128kbps mp3? Of course not. The public domain file will be provided in a superior format from a master recording.

    And where, pray tell, would this recording come from? All would be fine and dandy if the original master recording is still around. But for all we know, the company having done such recording may long have gone bust, or they might still be around, but unwilling to provide it for whatever reason. So, the only way to keep companies honest would be to force them to deposit an DRM-unencumbered copy at the Library of Congress. But, AFAIK, there is no such law. And even if there were, who's gonna check that all those zillions of media deposited daily are indeed compliant? Moreover, there's no fundamental reason why future DRM can't include a system which automatically disables DRM upon copyright expiration. But of course, any system which checks the validity of DRM licenses would be attacked as an invasion of "privacy."

    The concern of the loss of the original recordings is not an unreasonable concern. In the mid-1980s I remember reading in a magazine that when the music of Simon and Garfunkel was first released on CD the producers had to use second-generation tapes because the original master tapes had been lost (the tapes may have been found by now). At the time this would have been less than 25 years after the original recordings were made.

    Another concern is: Will there be equipment still able to play those recordings once they enter the public domain? For example, how many people can actually play an 8-track tape now? (Per the movie "So Wrong They're Right" there is still interest in the 8-track format but the number of available players will decrease as they wear out). I doubt the holders of the original tapes will release them to the public once they fall into the public domain.

  50. This is more meaningful than most seem to realize by swillden · · Score: 4, Interesting

    Yes, all of these explicitly-authorized activities arguably fall in the domain of fair use, and should have been allowed to begin with, and most of the exceptions seem like they don't directly affect most people, but they create a huge crack in the DMCA anti-circumvention provisions.

    See, the big problem for consumers isn't so much that the DMCA outlaws circumvention, but that it outlaws circumvention *tools*. If you read the text of the law, it actually doesn't prevent you from circumventing copy protection (because it specifically allows Fair Use). What it does is prevent you from creating or distributing anti-circumvention tools.

    But with these explicit exceptions in place, the tools needed to achieve the allowed circumvention become legal. It's possible, for example, that allowing DVDs to be ripped for educational purposes makes libdvdcss legal, because it now has a legal use. And if you can legally acquire a copy of the tool needed to break DVD encryption, you can then legally exercise your full Fair Use rights.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  51. No, shows how screwed you are. Re:DeCss now legal? by twitter · · Score: 2, Insightful
    From the fine article:
    But von Lohmann said he was disappointed the Copyright Office rejected a number of exemptions that could have benefited consumers, including one that would have let owners of DVDs legally copy movies for use on Apple Computer Inc.'s iPod and other portable players.

    It's a sham. You can imagine that means all the "exemptions" are only allowed through non free tools. The big dumb companies are still able to change the law with their software at will, so the tools will soon make the exemption impossible without specific permission. No one in the US will be able to distribute DeCSS and you don't really have the ability to use your media as you please. The copyright warriors, on the other hand, will all point to it and claim that "legitimate" fair use exists and that content is being archived and all the other criticism of the DMCA are bogus.

    Bottom line: only big dumb companies like those that vend cell phones may break the DMCA because their activity was not supposed to be restricted in the first place.

    --

    Friends don't help friends install M$ junk.

  52. Can someone explain to us non-Americans? by Andy_R · · Score: 2, Insightful

    This story seems to indicate that a librarian has the power to write or alter laws. None of the Americans posting seem to think this is in any way odd or inappropriate, but I'm sitting here in Britain thinking 'wtf?'

    I'm used to the US governing system being a bit impenetrable (Gore getting more votes than Bush but still losing, for example) but this one really is rather perplexing to an outsider, could anyone explain what's going on here?

    --
    A pizza of radius z and thickness a has a volume of pi z z a
    1. Re:Can someone explain to us non-Americans? by Workaphobia · · Score: 2, Informative

      I'm no expert on the specifics, but the law in question is the Digital Millenium Copyright Act (1998), which imposes a number of soul-sucking restrictions on what us Americans can do with legally purchased digital content. The most well-known clause is the one that targets the distribution of tools that can be used to bypass DRM, regardless of whether or not using the tools qualifies as Fair Use.

      The Library of Congress is specifically mentioned in that law as having the power to specify exemptions. Basically, Congress took away our Fair Use rights over a broad class of content, and gave the LoC the power to selectively return a few of those rights to us under special circumstances.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
  53. you are correct by zogger · · Score: 2, Informative

    They couldn't even hang onto and keep track of the freaking moonshot vids master tapes and supposedly even if they did have them there was only oneold machine thaty could view them. And no telling how much private sector video and stills have been lost because someone's precious was kept locked up and people couldn't make copies and keep transferring it as tech improved. We've already lost a ton of golden age of TV for example-just gone, unobtanium. If anything in the rapidly changing digital world, copyright terms should be drastically shortened, so that archieving human knowledge can be spread out in a much wider fashion, hopefully so that at least some records remain that are readable. All the eggs in one basket approach is the suxorz.

  54. Re:fundamentally flawd. by wobbilycol · · Score: 3, Insightful

    Not quite. We have had a law in the UK, that as I understand it, means that carriers must have made their money back within the first year, and then the phone can be legally unlocked.

    Funnily enough, they sell phones in the same way. Most phone unlocking is done by a guy at a street stall, for £10, and most people probably assume it isn't quite legal. The carriers aren't stopping subsidies pf phones, because they know if they don't the other carriers will.

    What they do dictate however is the features that go into phones. How would you like a wifi enabled phone, that connected to your home LAN and made VOIP calls when you were in range. Out of range, and you get charged for a normal mobile call. The technology is there, but no carrier is going to commit to a phone that will essentially lose them revenue. Guess who the mobile phone manufacturers biggest customers are...? The carriers. Screw them. You ought not to be defending another business model that is holding back innovation, and giving customers what they really want.

  55. What about disabled features on Cell phones? by BroadbandBradley · · Score: 2, Interesting

    Like not being able to use an MP3 file as a ringtone unless it was purchased through the provider even though the actual hardware supports it? Or, sending and receiving files over bluetooth? I had 2 Nokia 6620 phones on Cingular that let me send and recieve files and set MP3 ringtones, one phone broke and had to be replaced under warranty. The new phone had a newer firmware and no longer could I used MP3's as ringtones. well I raise hell and got another replacement, same problem, raised hell again and finally got another phone with the older firmware that restored the functions that was the reason I spent extra money for that model in the first place. I got another phone added to my plan for a family member, a Motorola razor. Although the razor has bluetooth, you cannot recieve files over bluetooth presumable because they'd rather have you get your music for $2.99 a pop and have it expire after 90 days.
    When my 6620 got lost, instead of getting another phone from my provider, I went to http://www.celluloco.com/ and purchased an unlocked Motorola A780 that let me do all the bluetooth mp3 ringing goodness that I wanted. It was a little harder to setup as Cingular doesn't support that model and settings won't automagically download from the network, but I was able to get network settings and voicemail number from tech suppport and it works fine now.

    How about others here? what carrier and what features does your phone have turned off?

  56. Comment removed by account_deleted · · Score: 2, Informative

    Comment removed based on user account deletion

  57. Re:How about not treating me like a criminal in th by Khoa · · Score: 2, Interesting

    Really? I thought your heart stops during the fall. It can't take the epinephrine produced during the realization of you, well... dying. So it just quits. So people die before impact.

  58. Only 3 years! by Rhipf · · Score: 2, Interesting

    I find it rather funny that these new exemptions are going to be effective for only 3 years when the length of a copyright is 90+ years.

  59. Re:How about not treating me like a criminal in th by Mr.+Slippery · · Score: 2, Insightful
    Within this broad framework, it is the mandate of legislators...

    Incorrect. Your quotation is out of context - it is not a mandate, it is part the enumeration of powers of Congress.

    Congress has the authority to create copyrights and patents. It is not constitutionally required to exercise that power, any more than it is required to borrow money or declare war.

    Note also that said power is to create artifical rights only for authors and inventors - not to their employers, heirs, assignees, or anyone else. Modern copyright law bears little relation to the actual legal power of Congress.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  60. Re:How about not treating me like a criminal in th by Mr.+Slippery · · Score: 2, Interesting
    I thought your heart stops during the fall.

    A popular myth, but not true, as shown by survivors of extraordinary falls.

    One woman survived a fall from 10 kilometers. (She was strapped into a seat and may have enjoyed some protection from that; however this guy jumped out of a plane at 18,000 feet, about 5.5 kilometers, and thanks to trees and snow cushioning his fall, suffered on a sprained leg.)

    Ginsberg's Howl notes the story of Tuli Kupferberg (of the band The Fugs) who jumped off the Brooklyn Bridge and survived.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  61. Re:How about not treating me like a criminal in th by Monkelectric · · Score: 2, Insightful
    You've got it half right. The government should not support otherwise useless business models. However -- what you failed to consider about your example of a song that can only be played once is -- the free market. The free market should eliminate bad actors *VERY* quickly. But you say we have a lot of bad actors that seem to persist? That's because we don't *really* have a free market. Collusion and government codification give us a semi-free market where those who have the blessing of the government are allowed to make money.

    For some reason the same people spouting their "free market" religion are the same people seeking subsidies and advantage. My ultimate point -- is that the real problem isn't DRM but the system that allows it to happen. If there wasn't collusion and anti-competitive behavior, it wouldn't be allowed to exist. We have to attack the root cause, not the symptom.

    --

    Religion is a gateway psychosis. -- Dave Foley

  62. Re:How about not treating me like a criminal in th by Khyber · · Score: 2, Insightful

    By that logic, basejumpers, bungee jumpers, etc, would be dead before impact. No, it *IS* the impact that kills you. When you're falling at such speeds, your blood has problems flowing - sudden impact starts everything inside you into violent motion, causing very severe stress upon your internals and potentially causing shutdown - this is why we have airbags, parachutes, etc., to stop that impact.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.