Sony Demands Press Destroy Leaked Documents
SydShamino writes In an effort that may run afoul of the first amendment, Sony, through their lawyer David Boies (of SCO infamy), has sent a letter to major news organizations demanding that they refrain from downloading any leaked documents, and destroy those already possessed. Sony threatens legal action to news organizations that do not comply, saying that "Sony Pictures Entertainment will have no choice but to hold you responsible for any damage or loss arising from such use or dissemination by you."
What are they going to do, install a rootkit on my computer to prevent me from downloading stuff? Who thinks up this stuff?
[quote]In an effort that may run afoul of the first amendment,[/quote]
First amendment has nothing to do with this. The first amendment protects from criminal government prosecution, not reactions from private individuals/entities.
Here's a very good explanation - http://www.xkcd.com/1357/
Yeah, this won't spur me to download them for myself. Nah, not at all.
If Nixon could have just asked everyone to destroy the recordings, we might have been able to avoid watergate too.
"Sony Pictures Entertainment will have no choice but to hold you responsible "
They have no choice? As in their hands are legally or physically tied so that they absolutely HAVE to sue you? The people at the top of Sony will have actually no other choice in the world, like, say, going to watch a Knicks game or reading a nice book? They have only one choice, which is to sue?
Bullshit.
If Sony keeps doing it, their documents will be forever alive in the form of magnet links, formerly torrent file sharing technology.
They do have the the army of trained lawyers to harass mass audiences, except that newspapers have seen much badder boys coming to them with the threats.
Now, assuming Sony documents will survive, will be available for everyone, and will be commented, how exactly SONY will know which newspaper has caused an actual harm?
I think that their litigation budget will be fully depleted for several years in the future.
And all I got was $150 dollars reimbursement for the damage their rootkit did. I say the guardians of peace should be limited $150 dollars worth of liability as well.
If Sony keeps doing it, their documents will be forever alive in the form of magnet links, formerly torrent file sharing technology.
Regardless, those documents will be floating around torrent sites, even if they do nothing. The horse has left the barn.
But this isn't about trying to actually keep the information under wraps - this is about trying to get some financial recompense. Like, someone let the horse out, and your neighbor suddenly has a sale on fresh horse meat... You're not getting your horse back, but maybe you should get a portion of their unlawfully gained profits.
In particular, the material includes both material under copyright, as well as trade secrets. Copyright law doesn't include a safe harbor for "but I'm a newspaper" or a generic "first amendment!" defense - while papers could publish short excerpts of the leaked info under fair use (17 USC 107), for news or commentary purposes, they could not, say, publish the entire script to the new Bond movie, relying on a defense of "well, we didn't steal it, and the first amendment says we can publish anything we want because we're the media."
Going further, many states' trade secret laws actually include explicit provisions about publishing trade secrets that were obtained unlawfully, even if you weren't the person who originally stole them. And while terrible law professor Eugene Volokh thinks that the Bartnicki case has a first amendment exemption, he's clearly never actually read it - SCOTUS specifically said that it doesn't apply to trade secrets, but for matters of public interest. Now, that may apply to things like Sony's CEO's salary, but it likely doesn't apply to things like advertising campaign plans or product release strategies.
So, if the media publishes the unlawfully obtained trade secrets or publishes the material under copyright in a way that exceeds the bounds of fair use, then they may be financially liable for Sony's damages. That doesn't put the horse back in the barn, since it's gone, man, but it does at least help pay for the new horse (and maybe a better lock).
The newspapers with go toe to toe with the Pentagon, CIA, and NSA, but will back down from a nasty letter from Sony with no legal standing? Right.
They can put whatever disclaimer that they want on the e-mails, but if e-mails or other documents show that Sony is involved in illegal things, then the disclaimers will not protect that from disclosure. Of course, the press would be wise to thoroughly investigate and make sure then they were not passing along bogus information that North Korea was trying to falsely attribute to them. But given that this is Sony and "lawyer" David Boies, I think that this threat reeks of desperation and would not be at all surprised to find that illegal things were leaking out. You can't hide a conspiracy or other illegal action simply by attaching legal boiler-plate "for internal use only" tags to all of the documents.
I'm an American. I love this country and the freedoms that we used to have.
Per someone else:
To summarize, current releases with magnet links:
SPE_01 spe_01 torrent
magnet:?xt=urn:btih:sv64bkae5ogcqlzttchlscljot6doyoj&dn=spe_01&xl=27781197608&fc=26
SPE_02 spe_02 torrent
magnet:?xt=urn:btih:zd2jsaiuy3ojnlyy62hqyzyknykbfgfg&dn=spe02&xl=1204595322&fc=14
SPE_03 spe_03 torrent
magnet:?xt=urn:btih:qgl7mmtyd24bqbn7xzqbru5razwcmy34&dn=spe_03.zip&xl=304538&fc=1
SPE_04 spe_04 torrent
magnet:?xt=urn:btih:wjrqsfr2pgsohgawapakf22sleow5ns3&dn=spe_04.zip&xl=53930&fc=1
SPE_05 spe_05 torrent
magnet:?xt=urn:btih:ndwvmnh25wsmrjhqrep6lb5eq5uh4otq&dn=spe_05&xl=5368709120&fc=5
SPE_06 spe_06 torrent
magnet:?xt=urn:btih:mupkaz36jd5sbph6g4jg7kbp7r7ybwcb&dn=sony06.rar&xl=1054216724&fc=1
SPE_03 and SPE_04 are torrents to zip files of torrents, as the original zips have been pulled from every file host I checked.
The reason we subjugate ourselves to law is to better procure justice. If law does not accomplish this purpose then it m
Brian Krebs got one, reported on it, and was kind enough to post it for the world to see Sony for their true colors...
Article: http://krebsonsecurity.com/201...
Demand Letter: http://krebsonsecurity.com/wp-...
I can hear Barbara Streisand's voice now... (Well, what I hear is "her" voice from the Mecha-Streisand "South Park" episode...)
Windows 3.1x calc: 3.11 - 3.10 = 0.00
"Sony can't (successfully) sue for whatever else you can dream up, because that would be the government enforcing some law restricting the press from doing their job as the press, a clear violation of the first amendment."
No. Proof : press is bound by copyright law too. Press cannot give the full copy of a book in an article and pretend it is covered by first amendment and freedom of press. Freedom of press is not a get-free-out-of-civil-liabilities card.
Bottom line : the first amendement and freedom of press is about not allowing the government to limit and infringe on press. It is not a "get free" card for all laws whatsoever, including copyright, 3rd party liabilities and so forth. If you spread private confidential or copyrighted document, you will get bitten in the ass , and it will be by civil lawsuit.
In fact remember : free speech mean the government cannot stops your speech. It does not protect you of ANY private consequence for that speech. If that would be the case journalist would never be sued for libel.
C. Sagan : A demon haunted world:
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visit randi.org
Mod parent up! (crap, I had points left yesterday.... :)
Parent makes the important point: There's existing SCOTUS case law for this, and Sony's legal-ish threats and demand for press et al to refrain from looking at embarrassing things wouldn't stand up in a stiff breeze, much less in a lower court.
Frankly I'm kind of surprised to see a relatively experienced lawyer such as Boies make a demand like this, even if he is a distinguished douchebag. Usually lawyers like him are concerned about appearances, and making laughable demands that evoke a Streisand effect is bad for business.
Unfortunately, parent is incorrect regarding the SCOTUS case law. Not the AC's fault, though - Eugene Volokh's quoted in the article and makes the same mistake. The case law refers specifically to publishing (actually re-playing) an illegally intercepted phone conversation on a matter of great public interest (specifically public teachers union negotiations with the school board). It explicitly says that its holding doesn't apply to trade secrets, private matters, or gossip... and what's the issue here? Trade secrets, private matters, and gossip.
Boies may be a douchebag, but he's a douchebag who actively practices law and apparently reads the cases in full, unlike the good Professor Volokh, who has never actually practiced.
I've personally gone against David Boise (yes IAAL -- and I won that case actually). And while his marketing is a little over the top, he is still a very good lawyer and he has built up an excellent team of lawyers. The problem with block downloads like this are that they contain materials that are protected by harsh laws (copyrights, trade secrets, etc.) that the journalists do not require for their articles or investigations. Sure there are fair use defenses, but it's going to be a tough one for [NEWSPAPER X] to argue that it was fair use to keep that copy Annie on it's servers (or laptop) to expose Sony's hack to the world, or that the journalist really needed to watch that copy of Annie to get an in-depth view of Sony's inner workings. The same goes for scripts that have been leaked, etc. There is little journalistic value in divulging the unreleased works of other. Well, other than sheer gossip/entertainment style news).
That said, I don't care for Sony one bit and don't shed a single tear about what's happening to them, but I do care about some of the news outlets that could get their asses handed to them for thinking that freedom of the press is going to save them from a copyright infringement claim. See Monge v. Maya Magazines, 688 F.3d 1164 (9th Cir. 2012)
Well, someone has to be responsible for Sony's massive fuckup and we all know it won't be Sony.
You may have a point, but given the bludgeoning that SCO took from IBM, I'd think twice before putting my eggs in the Boies basket.
Juicy and damning info like this https://www.techdirt.com/artic...
Lol! A country that can't even feed its own people, let alone provide them with a computer, managed to hack a glorious, capitalist multinational corporation? You've exceeded your daily quota of cheeseburger consumption, Billy.
Hiring a handful of skilled Russian or Chinese hackers is easily doable for even the poorest nation-state.
Building your own nuclear weapons and ICBMs is much harder. Putting a satellite in orbit also. Wait, North Korea has managed to do all of the above.
Well, let's hope that any elected officials who take the money are voted out next time. /fantasy
“He’s not deformed, he’s just drunk!”
I'll bet they paid off NYS atty general Eliot Spitzer to shame the major ISPs into dropping usenet entirely because of "child porn."
You're right. Sony is shitting itself not because of movies being prematurely released to the 'net, but evidence of criminal wrongdoing.
I'm buying popcorn.
--
BMO
it may be legal as lobbying and campaign donations. The 0.01% call it that. The remaining 99.99% of us call it bribery. The mask may say lobbying, but behind the mask is the spirit of bribery.