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A Legal Analysis of the Sony BMG Rootkit Debacle

YIAAL writes "Two lawyers from the Berkeley Center for Law and Technology look at the Sony BMG Rootkit debacle: 'The Article first addresses the market-based rationales that likely influenced Sony BMG's deployment of these DRM systems and reveals that even the most charitable interpretation of Sony BMG's internal strategizing demonstrates a failure to adequately value security and privacy. After taking stock of the then-existing technological environment that both encouraged and enabled the distribution of these protection measures, the Article examines law, the third vector of influence on Sony BMG's decision to release flawed protection measures into the wild, and argues that existing doctrine in the fields of contract, intellectual property, and consumer protection law fails to adequately counter the technological and market forces that allowed a self-interested actor to inflict these harms on the public.' Yes, under 'even the most charitable interpretation' it was a lousy idea. The article also suggests some changes to the DMCA to protect consumers from this sort of intrusive, and security-undermining, technique in the future."

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  1. Re:Its a moral issue. by lareader · · Score: 5, Interesting

    Just a minor thing on Starship Troopers:
    Not all the people who volunteered for public service ended up as soldiers - they simply ended up doing what their society thought it needed and they had the ability to do.

    Heinlein actually wrote a bit about the "world" of Starship Troopers in Expanding Universe (in a retrospective on his literary career).
    At the time when the events in the book take place, quite a lot of people were needed as soldiers - but due to the way we people are wired (with tight-nit social groups as soldiers), soldiers were usually the last to stop serving in public and thus the last to actually get to vote.
    Yes, you didn't get the franchise until *after* you've stopped serving in that world.

    I do agree that the premise is shaky - but the idea of not giving everyone franchise just because they were 18 years old and alive was one of the ideas Heinlein was toying with in that book.
    Of course, he argued that clearly the founders of US of A never intended everyone to get the franchise either - his criterion were simply a bit more merit-based.

    In Expanding Universe he did mention that the idea of having stable people with a stake in maintaining a working society as a rather good idea, and goes on arguing for removing the franchise from men and giving it to women who have born children, as they have a personal reason for being interested in having a society that works... and makes a rather convincing argument of it.

    I can heartily recommend Expanding Universe if you are interested in what Heinlein said he was thinking when writing.
    As with all things written down, of course, you must consider the source - but I got a lot of amusement out of his writings, and like his meritocratic views personally.
    The book "Requiem" is also a good read, if a trifle sad at times - but it did contain his speeches at a few scifi conventions which I hadn't read - highly interesting for a person not born until the last years of the Red Scare.

    (Sorry for pushing Heinlein, but I really liked those books and they represent a very enlightening perspective on what Heinlein professed to believe.)