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Hack an Oscilloscope, Get a DMCA Take-Down Notice From Tektronix
An anonymous reader writes with the news that Hackaday published an article on the poor security of the add-on modules that Tektronix sells as expensive add-ons to unlock features in certain of its oscilloscopes. The reader writes: "It has come to attention of Tek's legal eagles and they now want the article to be taken down. Perhaps they can ask Google to forget that page?"
I'm not sure that the letter published qualifies as a DMCA takedown request, as it doesn't actually mention any part of the DMCA or any other copyright act that has been broken. I'm not sure that a short keyphrase constitutes copyright-protected matter, for one thing. And it's not like publishing the information violates the noncircumvention part of the Act, because they aren't circumventing an anticopying mechanism. They're circumventing a different mechanism entirely I suspect they're just trying their luck.
No kidding!!! What do you say at this point?
The DMCA doesn't mention DRM. It mentions somethign along the lines of mechanisms that prevent access to protected works (software can be a mechanism for the purposes of the act).
Personally I don't think this should qualify as infringement since it prevents use - which should not be a copyright violation - rather than duplication, but that's my opinion on what the law should be rather than what it would be when interpreted by the courts.
My way of seeing it is that anyone who buys the oscilloscope has a legally acquired copy of the software. They just can't access it. Actually accessing legally acquired software should not be illegal. It's not like there's a business model that would be unsustainable without the protection. If they don't want people to use the software, then don't give them the software. If they pay extra then provide the software.
Exactly this!
I have personally used the MSO series of 'scopes. And I am certain that there wasn't a EULA that I had to click-through when the scope first powered-up. I'm sure there is one along with the Warranty and other info; but, I am pretty certain that, under the "Shrink Wrap" Licensing precedents, I would have not "signed" anything simply by using the 'scope, anymore than I agree to licensing of the applications that are embedded in my TV set, simply by turning it on.
So long as you are not creating a "Derivative Work", nor "Reselling" that firmware, there simply is no Copyright issue here. Tek is DEFINITELY abusing the DMCA here, as well as simply trying to cover-up for a sloppy attempt at what is nothing more than a cost-saving measure.
In fact, they would have had a much more defensible position if they took Hackaday to court for "circumventing security measures of a computing device" (or however that bit is worded in 18 USC...?). But DMCA "Takedown Notices" are hardly EVER challenged, and take only a lawyer-letter with scary language.