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EFF: DMCA Hinders Exposing More Software Cheats Like Volkswagen's

ideonexus writes: Automakers have argued that the 1998 Digital Millennium Copyright Act makes it unlawful for researchers to review the code controlling their vehicles without the manufacturer's permission, making it extremely difficult to expose software cheats like the one Volkswagen used to fake emissions tests. Arguing that this obfuscation of code goes so far as to endanger lives at times, the Electronic Frontier Foundation (EFF) maintains that, "When you entrust your health, safety, or privacy to a device, the law shouldn't punish you for trying to understand how that device works and whether it is trustworthy."

166 comments

  1. Yep by Anonymous Coward · · Score: 1

    The DCMA was a bad law in 1998 and it's still a bad law today. Congress should repeal it, but they won't because those with actual political power like it.

    1. Re:Yep by Fire_Wraith · · Score: 4, Informative

      No, they don't. The RIAA/etc are unhappy with it, because in their mind it doesn't do enough. They want laws that will let them ram eternal unbreakable copyright down our throats, eliminates fair use or any other provisions that don't involve paying them truckloads of money for stuff written before most of us were even born.

      They accepted DMCA as what they could get at the time, but don't make the mistake of sleeping on it, because their lobbyists and lawyers will do whatever they can to get it strengthened, whether in congress or in court rulings.

    2. Re:Yep by fustakrakich · · Score: 4, Insightful

      Congress should repeal it, but they won't because those with actual political power like it.

      That is the voters' problem. If they don't vote for a congress that will repeal the DMCA, it simply won't happen. Pretty basic, don't you think?

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Yep by Anonymous Coward · · Score: 1

      That is the voters' problem. If they don't vote for a congress that will repeal the DMCA, it simply won't happen. Pretty basic, don't you think?

      GOVERNMENT WARNING: Warning! Left to themselves, governments can become extremely dangerous! Please write to your elected officials regarding the issues that are of most concern to you. Vote for those candidates that most closely match your opinions! If conditions do not improve, it may be necessary to run for office yourself!

    4. Re:Yep by bondsbw · · Score: 1

      Pretty hard to do when both of the candidates that I can choose from support the DMCA. Or when one doesn't support the DMCA but supports everything else I don't.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    5. Re:Yep by fustakrakich · · Score: 2

      There are more than two candidates, and anybody is allowed to run. Nobody forces you to vote for the ruling party. And save your breath on the 'lesser evil' bullshit.

      --
      “He’s not deformed, he’s just drunk!”
    6. Re:Yep by ShanghaiBill · · Score: 5, Insightful

      That is the voters' problem. If they don't vote for a congress that will repeal the DMCA, it simply won't happen.

      Voters have a lot of concerns besides DMCA. DMCA was approved by a voice vote, so no one is on record voting either for or against. So who are you going to vote for or against? In general, Democrats tend to be more "pro-IP" because they get big donations from the entertainment industry, and represent almost all the big tech-hubs (Silicon Valley, Seattle, Boston, NYC, etc.). If you really believe that DMCA is more important than military intervention, inequality, human rights, etc. then I suppose you could vote straight Republican, but I doubt if that would make much difference, since none of them have made "Repeal the DMCA!!!" part of their platform.

      Pretty basic, don't you think?

      No. Even people that care about this issue have no mechanism for expressing that concern through their votes.

    7. Re:Yep by Anonymous Coward · · Score: 0

      When was the last time a candidate for ANY public office kept their promises, or actually executed their campaign plans. The system is rigged, and the fact that you don't see it only proves that propaganda works. "if you don't like your government get a new one" isn't a viable solution when there is no power available to do so.

    8. Re:Yep by fustakrakich · · Score: 2

      If it is so hopeless, then it's time to rethink majority rule.

      --
      “He’s not deformed, he’s just drunk!”
    9. Re:Yep by mrchaotica · · Score: 4, Insightful

      ...anybody is allowed to run. Nobody forces you to vote for the ruling party.

      Yes they do. Political parties and gerrymandering, ballot access laws, and voting systems themselves (e.g. "first-past-the-post") -- among other things -- all conspire to force that.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    10. Re:Yep by danbob999 · · Score: 3, Informative

      The problem in the USA is that corporation can fund political parties without any limit. Therefore corporations choose which party can or can't run.
      There are only two parties and both of them support the DMCA. To have a chance to repeal the DMCA, USA needs to reform political parties financing rules.

    11. Re:Yep by Skater · · Score: 1

      Few politicians actually put out a platform these days. The ones from the two major parties (has anyone noticed one of them calls it a "brand" now?) in the US don't; for example, see Clinton's recent answer about approving the pipeline, or Trump's recent answer about whether Obama was born in the USA.

      The few that do are usually one-issue candidates. Even if someone does publish a full platform, it's unlikely they're going to put out an opinion on every single law out there, even if they know it's somewhat controversial.

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

      I can't vote for the Congress I want, because the House is set up in such a way that I don't get a real choice.

    13. Re:Yep by fustakrakich · · Score: 2

      Are you saying that there are only two candidates on the ballot? And that the people of the redrawn district can't conspire (petition) to have anyone they want put on the ballot? Sorry, you're still only describing choices made by the voter.

      --
      “He’s not deformed, he’s just drunk!”
    14. Re:Yep by Archangel+Michael · · Score: 4, Insightful

      Which is why, as a Libertarian, I oppose any extension of Government power on principle alone. We already have too much government interference in our lives.

      Queue up the anti Libertarian rants below, starting with "Somalia" in 3 ... 2 ...1

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    15. Re:Yep by fustakrakich · · Score: 3, Insightful

      Absolute nonsense. The money is not the issue. It is the scapegoat. If the voters choose to turn their backs, all the money in the world won't make a bit of difference. Right now it is the voter who sells his vote to the highest bidder. Don't blame the corporations for that. The problem is ours to deal with, the person in the mirror.

      --
      “He’s not deformed, he’s just drunk!”
    16. Re:Yep by Archangel+Michael · · Score: 1

      Because Obama's birth place is relevant moving forward!

      Speaking of which, I would put out a campaign platform that is "Pro Liberty"

      My platform is Pro Liberty. In the case where there is any doubt, I will choose the side that lets people decide what is best for themselves, rather than some bean counter or bureaucrat in a far away place. This includes all the proposals to help people by taking from others. You cannot have a free society where caring is coerced by threat of government guns.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    17. Re:Yep by KGIII · · Score: 1

      They call that Libertarian. Unfortunately, the party has been coopted by Republicans who are too ashamed to be associated with the party and have no idea of its history or original goals - sometimes called a Classic Libertarian. Ayn Rand was an idiot. As a Classic Libertarian, I'm far more likely to vote for Bernie Sanders than I am to vote for Rand Paul. That, my good sir, is how warped our political spectrum is.

      --
      "So long and thanks for all the fish."
    18. Re:Yep by KGIII · · Score: 1

      Heh... I should have scrolled down. Ah well. Maybe someone will read my reply and actually do some research.

      --
      "So long and thanks for all the fish."
    19. Re:Yep by Opportunist · · Score: 1

      And they really wonder why people don't give half a shit about copyright?

      If there is no way to actually heed a law, you can just as well ignore it. If you break the law no matter what you do, you can as well do what you please.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    20. Re:Yep by mrchaotica · · Score: 1

      Are you saying that there are only two candidates on the ballot?

      By the time of the runoff, yes. And even a candidate who 60, 70, or even 80% of the voters hate could still get to that runoff, if his opposition is divided enough.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    21. Re:Yep by Opportunist · · Score: 1

      Problem is that those that don't want the DMCA to be repealed decide who you may vote for.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Yep by Opportunist · · Score: 1

      Well, they are closer to a brand than to a party. Brands can be bought and sold.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    23. Re:Yep by Opportunist · · Score: 1

      Please name all the presidents of the USA in the past, say, 200 years that were not from one of the two major parties.

      You won't get writers cramp, don't worry.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    24. Re:Yep by Opportunist · · Score: 1

      So I guess the voters happily voting either side of The Party into power means that they're happy with their two sides of the same coin and there is no real need for any change.

      Happy land USA!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    25. Re:Yep by KGIII · · Score: 1

      Run for office if you think you can do a better job. I am, or will be - technically. I'm running for the State senate and should have adequate signatures given my initial inquiries. Why am I running? I don't think the current person is doing their job as a representative and is currently pushing their own agenda. There are times when you do, in fact, push your agenda but - to my mind - the ultimate goal is not to do what you want personally but to know and act on the will of those you represent.

      I am funding (not even taking 'matching funds' from fair election laws in my state) my entire election and it's not even all that expensive from the looks of things. I've spent, maybe, $15,000 in initial work/research - not counting my time. I could have done it for far less but I'm not that industrious and would rather rely on a campaign manager and a lawyer as well as a separate accountant.

      I accept no donations, not even from private citizens. I have no need for such and would not want to be seen as being more beholden to one than to another. I certainly accept no donations from business community members. I will pay for absolutely zero television or radio ads but I can not prevent others from doing so on my behalf though I do not have to approve of them - that is still a matter of debate. I'm having graphics created so that people can make or have printed their own signs, they'll be released under CC licensing.

      In a round-about way you could say that I am accepting non-financial donations in the form of people's time, energy, and their own personal expenses if they choose to support me. This is the only way I would run and, given the dislike of the incumbent, I'm actually standing a pretty good chance of winning. I look forward to this because then I can be late to a session and drive as fast as I want to and the State Police can't stop me and must, if asked, provide an escort. (I can not be impeded on my route to an open session. Not even by the police. And yes, yes this is an attempt at humor.)

      My platform basically consists of everything I can think of that's in my 'closet' and what I've learned from it. The back of the paper says exactly what I stand for - which is the rights of the citizen above all else where the good of society as a whole is of a lesser value. That sums it up nicely but I really don't have anything to say that fits on a bumper sticker. As of yet, my current flier design doesn't actually take a whole sheet of paper. So, I'm going to strive to commit a few more legal infractions and generally be a pain in the ass so that I can fill the paper up better. (Again, that's an attempt at humor.)

      Here is what I've done wrong. Here is what I have learned from it. This is how I intend to act on these lessons and how they'll affect my decision making.

      Then again, I should point out that I reside in a very rural area of Maine. I know a little about lots of things and and a lot about a few things. What I do know is that I don't know everything so I've learned to ask questions and accept reasonable answers from those who do know. I don't have any great political aspirations beyond this office nor do I need the money from being elected. I'll probably donate that to charity, specifically a local one, and may hold some sort of town-hall meeting to determine which charity is favored by the constituents.

      *shrugs*

      It's worth a shot. I might as well try it. The current person isn't doing a very good job. I don't really want to do this but someone needs to step up and that someone has to be in a position where they can try this. So, yeah. It's not like I was doing anything better with my time.

      --
      "So long and thanks for all the fish."
    26. Re:Yep by Fire_Wraith · · Score: 4, Informative

      The only one, arguably, would be Lincoln in 1860, since at the time the Republican Party was still an insurgent, and was still in the final stages of supplanting the Whig party, but even that one would be a stretch, as they were clearly in the top two (and would remain firmly ensconced to this day as such).

      And more importantly, we haven't had an actual supplanting of either of the two parties in the 155 years since then, despite it happening twice in the preceding 50 or so years. Instead, the two parties are so thoroughly entrenched that the more successful tactic has been to infiltrate and take over one of the two parties from within. Both parties have changed noticeably on a number of issues, to the point that they're almost unrecognizable when compared with their original versions (and, more ironically, are arguably closer to the OTHER one's original beliefs/constituencies).

    27. Re:Yep by shentino · · Score: 1

      Not enough voters care that aren't letting themselves be brainwashed by the media.

      The media controls the apathetic voters who don't care, and the ones that do care are far outnumbered.

      And guess who owns the media?

    28. Re:Yep by Anonymous Coward · · Score: 1

      YES. I'm living overseas as an American and the rest of the world looks at America and is just like "What the fucking fuckity fuck is all that shit?"

    29. Re:Yep by Anonymous Coward · · Score: 0

      Liar. The rest of the world looks at America and cowers, praying it will not hurt them.

    30. Re:Yep by Gr8Apes · · Score: 1

      My platform is Pro Liberty. In the case where there is any doubt, I will choose the side that lets people decide what is best for themselves, rather than some bean counter or bureaucrat in a far away place. This includes all the proposals to help people by taking from others. You cannot have a free society where caring is coerced by threat of government guns.

      So you have no problem with them letting you bleed out after a car crash, or watching you gurgle away after pulling you out of a pool? After all, there was no insurance card available, and can't do anything without proof of payment.

      What's interesting is I see myself as a (fiscal) conservative with decidedly libertarian and some liberal leanings, but realize I don't want to live in a true Libertarian "utopia" because there is no such thing. You can't be an idealist without being a hypocrite. The above examples are but an initial sample of scenarios that can continue to be taken to the extremes to show why all proposals that do not take into account general basic care in emergency situations will fail, and why our current morass of healthcare is doomed to failure as well.

      Living in a society has costs. If you don't like it, move to certain areas of the middle east or africa, where you are free to live your life as you see fit, as long as you can keep others from imposing their will on you.

      --
      The cesspool just got a check and balance.
    31. Re: Yep by Anonymous Coward · · Score: 0

      That will never happen anytime soon. Copyrights and especially patents are sold to the public as a lottery system: "You, too, might become fabulously rich just by sitting on your couch and daydreaming!"

      And when was the last time a lottery system was closed?

    32. Re:Yep by Anonymous Coward · · Score: 0

      Don't forget most US states have laws where they legally throw out votes from the official certified results if they are for a candidate that doesn't get enough votes, for example write-in candidates.

      It's like your vote for the write-in candidate of your choice literally doesn't count.

    33. Re:Yep by mattventura · · Score: 1

      The DMCA isn't 100% bad – the safe harbor provisions are good. They just need punishment for false infringement notices.

    34. Re: Yep by Anonymous Coward · · Score: 0

      I've not sold my vote to anybody, and not everyone I voted for won, and I'm concerned about a lot of things going on that the majority supposedly approves of. I don't have money or leisure time to run myself, and I wouldn't win if I did because I'm not

    35. Re:Yep by Shoten · · Score: 1

      Congress should repeal it, but they won't because those with actual political power like it.

      That is the voters' problem. If they don't vote for a congress that will repeal the DMCA, it simply won't happen. Pretty basic, don't you think?

      Actually, there are a couple of intermediate steps missing here.

      The first thing you have to do is know who your Senators and Congressman (Congresswoman? Congressperson?) are. ("Do you know?" he asks, rhetorically, to the reader...)

      And then, the second thing you do is to sit down and have a talk with them...and tell them your views on the matter. Don't come across like a fanatic or a crackpot; It doesn't matter how wrong you think the DMCA is, nor does it matter how strongly you feel it. What matters is *why* it's bad, in the frame of a logical argument. Facts and other such dispassionate information are what you want to have backing you up here.

      Once enough people do those two things, it'll be enough of an issue that you'll actually be able to tell where a candidate stands on the matter. As it is today, I doubt very much that it'd be possible to figure out the stances of 90% of people on Capitol Hill without having to ask them directly, when it comes to this. The other 10% would be those who have spoken out...but 10% isn't enough to swing the issue at the voting booth.

      --

      For your security, this post has been encrypted with ROT-13, twice.
    36. Re:Yep by nytes · · Score: 1

      And it can get even better.

      Here in California, during one primary election, the Republicans allowed the incumbent governor (a Democrat, obviously) to choose his own opponent.

      He did so by running ads during the primary campaign against the one Republican candidate (a somewhat moderate candidate) that he knew had a chance of dethroning him. The Republicans bought the ads, hook, line, and sinker, and voted for a candidate that had no chance of winning.

      --
      -- I have monkeys in my pants.
    37. Re:Yep by nytes · · Score: 1

      To this day, if I mention either the DMCA or the Copyright Extension Act to a non-geek, all I get is a blank look until I tell them about the law and its genesis.

      Then I get a comment along the lines of "Oooo, that's bad."

      If I mention the law to that same person a year later, I get the same blank look until I explain it again.

      The average person just has other concerns than who can copy an old song, or disassemble a program's object code (which is incomprehensible to the average person, anyway).

      --
      -- I have monkeys in my pants.
    38. Re:Yep by Anonymous Coward · · Score: 0

      You may let someone bleed to death, but I wouldn't. Hopefully, more people like me than you. Libertarianism works as long as more people like me than you.

    39. Re:Yep by Anonymous Coward · · Score: 0

      If the Chinese simply voted harder, they too could get liberty.

    40. Re:Yep by LifesABeach · · Score: 1

      What does one do when encountering a human preditor? I'm seeing no difference between the engineers of VW, and rattle snakes.

    41. Re:Yep by bondsbw · · Score: 1

      The choice you are describing is between "I want to throw my vote away" and "I want to make sure the worst person doesn't get elected". Sure, it is a choice, but it is certainly not the choice that is advertised.

      I suggest watching this video series, it explains the problem and some potential solutions: http://www.cgpgrey.com/politic...

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    42. Re:Yep by ColdWetDog · · Score: 2

      Use a spelling checker?

      --
      Faster! Faster! Faster would be better!
    43. Re:Yep by shentino · · Score: 1

      The problem is that the herd of apathetic voters with no real concern is going where the sheperds tell them to, even though it means dragging those of us who actually DO care along for the ride.

      We can't outvote the herds that are happy to be brainwashed by the elite's corporate owned media.

    44. Re: Yep by Anonymous Coward · · Score: 0

      You mean a hypocrite?

    45. Re:Yep by Anonymous Coward · · Score: 1

      Remember, any reference to Somalia can be countered with a reference to North Korea.

    46. Re: Yep by Anonymous Coward · · Score: 0

      And laughs at the fat, fat asses.... you forgot that part.

    47. Re:Yep by execthis · · Score: 1

      Donald Trump gives press conferences where he speaks at extended length about quite a lot of issues. Among them:

      - Tax the uber-wealthy such as hedge-fund managers.

      - Support a universal healthcare system that does not enrich middlemen who already make obscene amounts of money and whom Obamacare helped

      - Put an end to illegal immigration, make America's immigration policy identical to that of every other developed country in the world, and make sure that it is uniformly followed throughout the country

      - Expose the oligarchy that runs the United States media establishment and the government-by-bribery system which no other candidates even come close to having the capacity to end

      - Reduce or eliminate taxes for the poorest Americans which will help the economy

      - Eliminate or renegotiate the disastrous "trade" treaties such as NAFTA which have only given away American jobs to other countries

      - Require American companies to hire American workers or face still penalties

      - End immigration fraud and visa abuses

      The fact is that Donald Trump has a comprehensive platform with a lot of specifics for anyone willing to listen.

    48. Re:Yep by execthis · · Score: 1

      Which is why, as a Libertarian, I oppose any extension of Government power on principle alone. We already have too much government interference in our lives.

      Beyond Libertarianism even, it is simply what is moral and sensible. No government should just be in the business of making laws *because*. No government should assume that it should have the right to just make laws *because*. Its truly frightening the way some local governments in particular operate as if they are not doing their job by creating more and more laws without even thinking.

      The first question that must always be asked when attempting to find a resolution for an issue is: What laws or policies, if eliminated, would benefit the situation?

      But in their glee politicians just keep heaping more crap on the stack until the laws end up getting bent to the point that they are routinely ignored, meaning Rule of Law as a principle gets violated, precisely in these places with the overactive, do-gooder politicians.

      Queue up the anti Libertarian rants below, starting with "Somalia" in 3 ... 2 ...1

      LOL

    49. Re:Yep by Anonymous Coward · · Score: 0

      How about company towns?.

    50. Re:Yep by Anonymous Coward · · Score: 0

      The back of the paper says exactly what I stand for - which is the rights of the citizen above all else where the good of society as a whole is of a lesser value. That sums it up nicely but I really don't have anything to say that fits on a bumper sticker

      How about "me before thee"?

    51. Re:Yep by KGIII · · Score: 1

      Too many ways to misinterpret that. The right of the individual is important so long as it doesn't impede on the rights of others. Business rights are pretty low on the list regardless of the rhetoric you hear being spoken about by people who've coopted the Libertarian party. Your rights, your liberties, are equal in value to mine and our rights are, collectively, most important.

      I do support taxation, I do support social networks, I do support education, I do support providing people with the tools they need to be intelligent and productive. I, for example, pay every single penny (actually more - I round up) that I'm obligated to pay in my yearly taxes. Because my income is now derived from capital gains, I pay a lower percentage than you pay (though probably a higher total amount). I'd not mind paying more in taxes provided they were being spent wisely.

      I support things like a strong social safety net because it keeps poor people from needing to steal my stuff. I'm not altruistic. I'm realistic. Either way, my job would be to represent the constituency and to do as they asked. So, perhaps, "Working for you." We've tossed a few ideas around and not been able to come up with anything definitive. I'm afraid I may have to subject it to research but I'm hoping to avoid the expense and the act would make me feel cheaper as a human being. I'm not sure if I'm saying this well enough but that's how I'd feel, I think.

      But your slogan can be misinterpreted very easily as being greed based. I suppose if wanting to keep my rights is greedy then, by all means, I'm greedy. Keep in mind that I want you to keep your rights. It's not just mine that I'm concerned about. If it was then, well, I'd not run for office - I'd run for the hills.

      --
      "So long and thanks for all the fish."
    52. Re:Yep by fustakrakich · · Score: 1

      Who the fuck cares?? Who voted for them??!

      --
      “He’s not deformed, he’s just drunk!”
    53. Re:Yep by danbob999 · · Score: 1

      Yeah right... try to run a campaign without money. It costs millions of dollars otherwise you don't look credible.

    54. Re:Yep by fustakrakich · · Score: 1

      Well, I'm sorry. The voters just have to organize themselves better. I still see no problem outside the personal choices they make.

      --
      “He’s not deformed, he’s just drunk!”
    55. Re:Yep by fustakrakich · · Score: 1

      Egg-zactly! The voters sell their votes to the guy that flashes the most money and laugh the others off the stage. Whose fault is that?

      --
      “He’s not deformed, he’s just drunk!”
    56. Re:Yep by Opportunist · · Score: 1

      What alternative did they have?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    57. Re:Yep by fustakrakich · · Score: 1

      I have yet to see only two choices for president, or most of congress. There are plenty of alternatives. You are free to choose any of them. There is no issue that cannot be placed squarely on the shoulders of the voters.

      --
      “He’s not deformed, he’s just drunk!”
    58. Re:Yep by Archangel+Michael · · Score: 1

      I call what you're talking about the "There ought to be a law" argument. These are people who see an outcome that they don't particularly like, who then cry "There ought to be a law" without thinking. It is almost reflexive at this point. I'm just waiting for a sane statesman who will simply counter with a single question "Why?"

      Why ought there be a law, simply because you don't like something?

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    59. Re:Yep by Opportunist · · Score: 1

      So the past 150 years must mean that the voters are absolutely happy with being ruled by The Party.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    60. Re:Yep by fustakrakich · · Score: 1

      The numbers speak for themselves. Interpret them as you wish.

      --
      “He’s not deformed, he’s just drunk!”
    61. Re:Yep by LifesABeach · · Score: 1

      Sounds like you think what VW did is funny, is it?

    62. Re:Yep by RockDoctor · · Score: 1
      I don't know whether or not the GP thinks VWs actions are funny or not, but as a VW driver myself, I'm not exactly happy about it. Then again, since VW are instances of the class "business", their behaviour is entirely expected.

      What is funny is watching people fuck up on basic things in public - like spelling correctly in the language they've chosen to write in - and then get all hoity-toity trying to obscure their carelessness under irrelevant points.

      Yes, I made typos while preparing this. I checked them and corrected them. It's really, really hard to do. Not.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  2. Ha! by clonehappy · · Score: 4, Interesting

    I love it! Volkswagen should just say "We didn't do it." Then sue whoever produces their code for reverse-engineering it. Then they can claim whatever "black-hat hacker" did it added the offending code to frame them. Prove otherwise without breaking the law!

    1. Re:Ha! by bazmail · · Score: 2

      Unfortunately that is the way thing stand. In the US at least.

      Laws written by corporations and rubber stamped by corrupt politicians trump all other concerns it seems.

    2. Re:Ha! by gstoddart · · Score: 2

      Well, since it's a practical test of real-world things and implemented in MILLIONS of vehicles and was discovered by people doing real-world verification ... AND they've admitted to it ... it's a little late for that.

      But make no mistake, the DMCA was written in such a way as to stack the deck for corporations and is an entirely one-sided bit of law which only represents corporate interests.

      --
      Lost at C:>. Found at C.
    3. Re:Ha! by Anonymous Coward · · Score: 1

      I love it! Volkswagen should just say "We didn't do it." Then sue whoever produces their code for reverse-engineering it.

      That's thankfully not (yet) how the law works. The EPA does not need the sourcecode or reverse engineer anything, they just say to VW, "hey, wheird thing happened, your cars blow out 40x crap on a street vs in a test-setting. You wanna explain that? No? No problem, come back for approval when you change your mind, recall is hereby issued..."

    4. Re:Ha! by Opportunist · · Score: 1

      Hmm... DMCA? Whazzat? Some law in some foreign land I don't give a shit about? Ok, whatever...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Ha! by gstoddart · · Score: 2

      Well, you say that ... but you should check which treaties your government may have signed which imposed an even more evil version on you.

      The last bunch of trade treaties the US has been involved in have basically added a LOT of scope creep to a LOT of countries when it comes to copyright and digital rights.

      Which means your not giving a shit might be trumped by the fact that your government was cajoled into making you subject to something similar or even more restrictive.

      Surprise, bad laws favoring industry is a large export of the US these days -- they're in the business of entrenching the profits of multinationals into law these days.

      I wouldn't assume you aren't covered by that law, or a local equivalent. In fact, I'd assume you are.

      --
      Lost at C:>. Found at C.
    6. Re:Ha! by Anonymous Coward · · Score: 0

      No code is necessary for this all they have to do is test the vehicles on the road and with a large enough sample it's proven. However you are wrong about the DCMA preventing that there is a clause allowing reverse engineering for some cases including academic purposes.

      We just need to make reverse engineering legal in general. However doing this and preventing copyright violations at the same time would become difficult, as reverse engineered code is difficult to match to original source. Thus many smaller developers would get destroyed by this.
      Maybe a better option would be to tier the corporate legal system. Thus preventing large corporation from going after startups, mom and pop shops etc... with the exception for blatant violations.

    7. Re:Ha! by gmiller123456 · · Score: 1

      That's thankfully not (yet) how the law works. The EPA does not need the sourcecode or reverse engineer anything, they just say to VW, "hey, wheird thing happened, your cars blow out 40x crap on a street vs in a test-setting. You wanna explain that? No? No problem, come back for approval when you change your mind, recall is hereby issued..."

      No, that's thankfully not (yet) how the law works. The EPA cannot issue recalls, and cannot reject a companies cars just because they think they did something wrong. They could however subpoena source code, design documents, etc to build their case off of, as well as impose stiffer penalties based on how much they tried to cover it up and who was involved.

    8. Re:Ha! by david_thornley · · Score: 1

      p> It's an implementation of the WIPO treaty (IIRC), which is widespread. Most advanced countries have signed a treaty that means that they need to have some law similar to the DMCA. Other countries may well have a more benign version.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    9. Re:Ha! by Opportunist · · Score: 1

      Oddly, our variant doesn't keep me from looking at code and pointing out if it's flawed. I must not correct it, though.

      No, I didn't ask why. There's no sense and logic in laws concerning sex, drugs and copyright.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. Copy right by Impy+the+Impiuos+Imp · · Score: 1

    Congress was granted the power to secure copyrights, the right to copy (and sell) to encourage aithors to create by providing income.

    You have the natural right to see the copyrighted material if you bought a copy! That's copy rights, not obfuscation rights. Where cometh this additional Congressional power?

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:Copy right by Anonymous Coward · · Score: 0

      Where cometh this additional Congressional power?

      From the barrel of a gun, like all political power.

    2. Re:Copy right by Anonymous Coward · · Score: 0

      Where did it come from before guns?

    3. Re:Copy right by mrchaotica · · Score: 1

      From rocks, possibly tied to the ends of sticks.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:Copy right by MooseTick · · Score: 1

      If Congress can't pass laws without modifying the Constitution, then we would just end up with a Constitution that has 10,000 amendments.

      I'm not saying the DMCA is a good thing, but one way or the other, we need Congress to occasionally make new laws.

    5. Re:Copy right by Anonymous Coward · · Score: 0

      Before that, the point of an arrow, or a sword. Earlier still, the tip of a spear, or the weight of a rock. Might makes Right, I believe the saying goes.

    6. Re:Copy right by Opportunist · · Score: 1

      I think before that was "sky daddy likes me best" the preferred excuse to rule.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Copy right by spacepimp · · Score: 1

      But before that there was plenty o' chest thumping and stick bashing. In fact i think that predated the concept of sky daddy and the rest of the gods. Sky daddy was a concept that had to have language to discuss. Big stick had bashing potential before there was a word for it, or sky daddy.

    8. Re:Copy right by david_thornley · · Score: 1

      However, since there is no reliable way to determine God's will (partly because there's no reliable way to determine if there is a God), anybody can make the sky daddy argument. The one with the large number of pointy sticks or whatever tended to win the resulting arguments. The excuse was generally sold to the masses to keep them compliant after the pointy-stick phase was over.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  4. The classic black box automata by Anonymous Coward · · Score: 1

    > Automakers have argued that the 1998 Digital Millennium Copyright Act makes it unlawful for researchers to review the code controlling their vehicles without the manufacturer's permission, making it extremely difficult to expose software cheats like the one Volkswagen used to fake emissions tests.

    So in other words, we could be driving around in potential death traps and not even know it. So the VW debacle is just the tip of the iceberg.

    1. Re:The classic black box automata by U2xhc2hkb3QgU3Vja3M · · Score: 1

      And we all know what happens when icebergs are involved.

  5. Industry: "We know" by tapspace · · Score: 1

    Duh. The industry loves that. If pesky researchers weren't poking around so much, we could all go back to the good old days!

    1. Re:Industry: "We know" by morphotomy · · Score: 1

      Back when we "hackers" could still just use the ping of death. No one could stop us!

  6. By design by nitehawk214 · · Score: 5, Interesting

    This is by design in the DCMA. Keep people from looking at your code means preventing independent oversight.

    But everyone that knows anything about the software industry already knows this.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
    1. Re:By design by gstoddart · · Score: 1

      More than that.

      It basically says any at a digital lock, no matter how incompetently and pathetically written, is considered legally sacrosanct.

      It entrenches in law that, if they intended to keep you out, even if they were stupid morons who wrote something which could never work, then that digital lock is to be treated as a real physical barrier.

      It was written to allow them to define and police piracy. And nobody gave a damn about the fact that is was entirely to the benefit of the corporations who wrote the law and gave themselves so many loopholes as to be an utterly useless piece of legislation.

      But, yes, most of us know just how bad the DMCA actually is.

      --
      Lost at C:>. Found at C.
    2. Re:By design by Crowd+Computing · · Score: 1

      This is by design in the DCMA. Keep people from looking at your code means preventing independent oversight.

      But everyone that knows anything about the software industry already knows this.

      This is largely a side effect of the DMCA, which, as the title of the law itself suggests, is simply about preventing the production of unauthorized copies of copyrighted material. That it has been used to suppress free speech or stifle innovation is a good example of how a bad or even a good law can be abused. Proof again that you can't just vote people into office then sit back and let them do all the dirty work.

    3. Re:By design by Anonymous Coward · · Score: 0

      It mirrors the lock on your house. No matter how shitty that lock it, its illegal for someone to break it to get in to your house.

    4. Re:By design by Anonymous Coward · · Score: 0

      It is not the presence of the lock that renders the act illegal. I can break into my own house if I get locked out. Not so with the computer in my car.

    5. Re:By design by LWATCDR · · Score: 1

      DCMA or not it will not matter. They will just encrypt the code on the flash and keep the key in a secure element. A lot of new controllers offer a quad spi interface to external ram that is encrypted.
      If you don't have the key you're out of luck.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    6. Re:By design by Opportunist · · Score: 1

      Very bad analogy. On more than one level.

      First of all, it isn't the lock that makes it illegal to enter my house. Even if the door is unlocked it is not lawful to enter the house.

      Then, someone breaking into my house has no business being there. Which is entirely not the case when I sell a copy of my work to someone. Because then he is allowed to use it in accordance with the license granted. Which is, to stay in your analogy, closer to someone renting my house. Who may OF COURSE then enter the house. He may even lock the house and bar me from entering it (unless I have good reason to believe he is breaking our contract in some way, e.g. using it as a brothel or making it a crack house).

      Try to find a better analogy. That one has more holes than the DMCA itself.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:By design by KGIII · · Score: 1

      That's because you own your house. You do not own your software. You buy a license to use your software. Well, unless it's open source. Then you're free to break in if you want to. I prefer to break stuff - often with bad results. So, I typically try use open source software.

      --
      "So long and thanks for all the fish."
    8. Re:By design by drinkypoo · · Score: 1

      First of all, it isn't the lock that makes it illegal to enter my house. Even if the door is unlocked it is not lawful to enter the house.

      Yeah, but in a lot of places it's more illegal if the house is locked than if it isn't.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:By design by nitehawk214 · · Score: 1

      The real problem here is that using a lock on someone's house is a terrible analogy for software copyright.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
  7. So start doing it covertly by Anonymous Coward · · Score: 2, Interesting

    If the auto manufacturers want to start treating legitimate researchers like blackhats, they should just start acting like them. I'm sure they could cover their tracks and still publish the research.

    Security through obscurity is doomed to fail. Auto makers apparently need to learn this lesson, but it would nice if they didn't have to learn it the hard way given the lives at stake. What really needs to happen is the establishment of a standards body and automotive software being held to a standard just as avionics software is. I get that this increases the price of the software considerably, but clearly it needs to be done.

    1. Re:So start doing it covertly by Opportunist · · Score: 1

      Where's the money in that?

      Sorry, but we do research for money, not to out bad guys. Yes, that's a nice side effect, but in the end, we want to monetize that shit. That means that my name has to be tacked to something like this. Your name next to a few cool and important security findings can easily mean a few 10k a year more money in your wallet.

      I know that's not what people want to hear, but we don't just do this because we're the good guys and want to show how bad those bad apples in some industries are. That's fun, yes, but the profit part is being able to sign my name under it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:So start doing it covertly by shentino · · Score: 1

      Or, require source code audits by government inspectors before allowing the software to be certified.

      I think the FAA and FCC require this.

  8. All software/firmware should be exposed for review by rtkluttz · · Score: 4, Insightful

    All of it is doing things that would make us riot in the street if we had insight into its behavior. People need access to every piece of code for every thing they own and should have the right to change it if they deem it necessary. Hardware and Things do not = software and we should have the right to buy the thing but decline or change the software if we don't agree with what it does and how it does it. Change nothing about how we pay for it, people deserve to get paid if they so choose, but they don't deserve to force their backdoors, cheats, anti-consumer behaviors etc on us if we don't want to use their crap.

    --
    Digital is, by definition, imperfect. Analog is the way to go.
  9. DMCA by DaMattster · · Score: 1

    Still didn't prevent VW from getting nabbed to the tune of 18 billion.

    1. Re:DMCA by Anonymous Coward · · Score: 1

      And it only took 5 years to find it... and 1 year for CARB to reveal it to the public.

        If I was into aluminum hats I would claim now that the fallout we see has been carefully scripted upon mutually agreed terms that will reveal themselves later. Note that politicians like the secrecy as they can make deals that benefit themselves w/o public scrutiny.

    2. Re:DMCA by Anonymous Coward · · Score: 0

      Which they won't pay. Still, nothing like deliberately lying to the consumer on both the pollution output and efficiency. They'll lose more in the long run, especially now associated manufacturers are firing people who had worked with VW on this and used the tech in their own vehicles.

  10. Not really by Anonymous Coward · · Score: 0

    Nothing stops you sampling the exhaust gas as you drive and testing it.

    And DMCA is an anti-circumvention for copyright, not for enforcement.

  11. The Scooby Doo Ending by Fire_Wraith · · Score: 1

    Researchers: Let's see who's REALLY behind your code!
    *tears the mask off, and gasps*
    Researchers: It's Old Man Withers, the owner of the abandoned amusement park!
    Withers: And I would've gotten away with it, if it wasn't for you meddling hackers!

  12. Which entity is really cheating? by RogueWarrior65 · · Score: 4, Insightful

    I'm just going to throw this out there knowing that a certain type of reader will scoff.
    First, the EPA sets two competing requirements: lower emissions and higher mileage. Do they have any engineering expertise that proves this is even possible? My guess is not just no but hell no. It's also possible that the EPA can get away with this by playing the evil, greedy corporation card saying, "The car companies don't want to do this because they are greedy," and a certain type of person will believe it. So, if you're a manufacturer trying to sell a product, which of these two requirements is going to sell better? I can pretty much guarantee that the consumer doesn't give a rat's ass about emissions when they could be saving money on gas which may also be artificially expensive.
    Second, it's entirely possible that the EPA has created unrealistic if not unattainable requirements for auto manufacturers not because they have any real scientific or engineering expertise that it's possible but in a thinly-veiled long-con attempt to drive these companies out of business. Kafka would say, "Damn, wish I had thought of this." The consumer is never going to pay more money for less product unless they are forced to. Brow-beating them into "saving the planet" doesn't work when it's costing the individual a lot more money.

    1. Re:Which entity is really cheating? by Anonymous Coward · · Score: 0

      I'm just going to throw this out there knowing that a certain type of reader will scoff.
      First, the EPA sets two competing requirements: lower emissions and higher mileage. Do they have any engineering expertise that proves this is even possible?

      Yes it is doable, higher MPG = less fuel per revolution = less emissions per revolution.
      It also helps to get your drag coefficient below 2.1 which is the coefficient of your average brick.

      VW was already able to pull this off with their XL1, but they seem unwilling to take that into mass production.

    2. Re:Which entity is really cheating? by swb · · Score: 3, Interesting

      Do they have any engineering expertise that proves this is even possible?

      Maybe the last 100 years of internal combustion engine evolution? Detroit whined it was impossible until the Japanese and Europeans started selling cars with improved mileage.

      My guess is that there is a shitload of engineering consulting on setting pollution and fuel consumption targets with ranges known to be obtainable with well understood technologies. I kind of doubt they are throwing darts on a dartboard.

    3. Re:Which entity is really cheating? by alva_edison · · Score: 1

      two competing requirements: lower emissions and higher mileage. Do they have any engineering expertise that proves this is even possible?

      So cursory google searches do suggest that incomplete combustion is a common cause for both lower mileage and higher emissions. If two problems have a common cause, then addressing that cause addresses both items. If it is possible to more completely combust the fuel, it would be possible to simultaneously get better mileage and reduce emissions.

      --
      He effected a bored affect.
    4. Re:Which entity is really cheating? by freeze128 · · Score: 1

      Nobody said that VW had to make a Diesel car. There are plenty of gasoline cars that get good mileage and have low emissions.

    5. Re:Which entity is really cheating? by Anonymous Coward · · Score: 0

      "Do they have any engineering expertise that proves this is even possible?" Easy: smaller size, lower weight. But small vehicles aren't as profitable as large ones.

      "...not because they have any real scientific or engineering expertise that it's possible but in a thinly-veiled long-con attempt to drive these companies out of business..."

      That's laughable. The exceptions for light trucks that spawned the sport-ute class were pure pandering to the automotive industry. The EPA knows what it's doing; so does Detroit.

    6. Re:Which entity is really cheating? by Anonymous Coward · · Score: 1

      find me a gasser that can tow my 1500lb trailer @ 75mph and get 36mpg.

      Guess I could go buy a nice old american truck and burn 3 gallons of Gasoline for each gallon of Diesel.. green revolution here we come!

    7. Re:Which entity is really cheating? by KGIII · · Score: 0

      Maybe I'm missing something but, it seems to me, the two actually go hand-in-hand with your standard configuration of an ICE. The more miles you go on one unit of fuel then the less pollutants are being released per mile of fuel. It's not like making it more efficient is suddenly going to mean a greater volume of emissions given that matter is neither created nor destroyed. There may be some efficiency lost due to sequestration but that should be overcome by greater efficiencies. Am I missing something with heat loss, perhaps?

      --
      "So long and thanks for all the fish."
    8. Re:Which entity is really cheating? by ideonexus · · Score: 1

      How can you claim " lower emissions and higher mileage" are competing requirements?

      If you are getting more miles per gallon, then you are emitting fewer emissions per mile. A car getting 45 MPG, is emitting 0-200 CO2 (g/mile); while a 20-23 MPG car is getting 379-456 (g/mile) (source). Fuel economy is correlated with emissions. If you increase the MPG, you lower the emissions.

      I confess, I'm the "certain type of reader" who is scoffing at this bizarre statement and wondering where it came from (and wondering how it got modded insightful). It not only completely contradicts the government's resources on the subject, but common sense as well. You say, "I can pretty much guarantee that the consumer doesn't give a rat's ass about emissions when they could be saving money on gas which may also be artificially expensive." but the reality is that saving money on gas IS lowering emissions.

      --
      i ~ Celebrating Science, Cyberspace, Speculation
    9. Re:Which entity is really cheating? by tomwrake · · Score: 1
      http://www.ibtimes.com/does-ep... has a good history of cheating by the industry software only makes it easier:

      A History Of Gaming The System

      It started in the 1970s, just after the EPA was created and began to regulate auto emissions under the Clean Air Act. Volkswagen, in fact, was among the first to equip its cars with defeat devices to override emissions control systems. In 1973, it confessed to installing them on 25,000 cars. The following year, Chrysler was forced to recall more than 800,000 cars after it was found to have installed a similar device in radiators.

      The 1990s saw a couple of major scandals. In 1995, General Motors settled with the Justice Department and the EPA for $45 million, acknowledging it installed a computer chip in 500,000 Cadillacs that tripled the amount of carbon monoxide output when the cars’ heating and cooling systems were running. Three years later, Caterpillar, Mack Trucks and Volvo Trucks reached a similar settlement, worth $1 billion, for equipping trucks with defeat devices.

      Kia and Hyundai followed suit more recently. Last November, the South Korean corporations copped to overstating fuel economy standards on 1.2 million cars from 2010 and 2012, settling with the Justice Department and the EPA for $300 million.

      A representative for the Alliance of Automobile Manufacturers, a trade group that represents automakers operating in the United States, declined to comment.

    10. Re:Which entity is really cheating? by 0123456 · · Score: 1

      If you are getting more miles per gallon, then you are emitting fewer emissions per mile.

      Yes, that's the kind of simplistic nonsense politicians believe, when they pass incompatible regulations and expect engineers to work magic.

      Hint: it's not true, since NOx emissions are only indirectly related to the amount of fuel you burn.

    11. Re:Which entity is really cheating? by Anonymous Coward · · Score: 0

      In fact the group that exposed this also found that BMW has successfully made such a car. QED.
      On another note, you really just need to be sure that you're not running either too lean or too rich. Too lean leads to higher milage, but increased NOx. Too rich leads to poor milage and increased carbon emissions.

    12. Re:Which entity is really cheating? by Solandri · · Score: 1

      Maybe the last 100 years of internal combustion engine evolution? Detroit whined it was impossible until the Japanese and Europeans started selling cars with improved mileage.

      I'm guessing you weren't around in the 1970s during the Arab Oil Embargo. Detroit was just giving the consumers what they wanted - bigger cars. The Japanese automakers were unable to compete, so were forced into the niche market of econoboxes. Suddenly gas prices skyrocketed, and the market shifted towards those econoboxes. That's what brought Japanese car companies into prominence. Detroit took a while to re-engineer their product line to be more fuel efficient, by which time Toyota, Honda, and Datsun (Nissan) had become household names with a reputation for reliability.

      The U.S. automakers never said higher fuel mileage targets were impossible to meet (at least not until the most recent CAFE standards negotiations). Their complaint has always been that this sort of supply-side market manipulation (regulating car mileage) results in a disconnect between supply and demand. They end up with more econoboxes than they can sell (resulting in their profit margin on those cars dropping to near-zero or even going negative), while the larger cars are impossible to keep on the lots.

      If you don't believe that, just look at the trend in car vs light truck sales. (Apologies for the archive.org link - the actual site took the data behind a paywall last year). Light trucks fall into a less stringent fuel efficiency category under CAFE, so the automakers are able to build them bigger like consumers want. Every year from 1931 to 1973, light trucks made up about 12%-20% of total auto sales. Since 1973 when fuel efficiency began to become "important" (CAFE was implemented in 1975), light truck sales have gradually climbed to where they're now over 50% of all personal vehicle sales. The conspiracy theory that people would buy more efficient cars if Detroit would just build them is false. People want big cars even if they get crappy mileage, and will even pay the profit premium Detroit has to tack onto them to subsidize sales of economy cars so they can meet the CAFE fleet standards..

      Europe (and Japan and Korea and Canada) actually do this right. They just tax gasoline up the wazoo. That's demand-side market manipulation. Car buyers see the high gas prices, and suddenly they want their car to get good mileage more than they want a bigger car. The automakers then build cars to suit the demand without having to deal with price distortions within their inventory caused by an arbitrary government standard making it a headache to predict how many of each type of car to build. That's what Detroit has been whining about.

    13. Re:Which entity is really cheating? by Anonymous Coward · · Score: 0

      Well, the best you can towing with a truck is about 23 mpg. In any case, if you are reallly going 75 mph with a trailer, stay the hell away from me.

    14. Re:Which entity is really cheating? by Anonymous Coward · · Score: 0

      Bullshit. They want to sell the big cars because they lazy fucks pandering to suburb "rednecks". Raise the price and you'll make more money, if they are actually can't keep them on the lots that is. Which is why it's a lie (yours or theirs).

    15. Re:Which entity is really cheating? by Anonymous Coward · · Score: 0

      It's more that some of the emissions are byproducts of the ultra-lean burning of fuel - as I understand it, for example, NOx is produced in higher quantities as CO2 and CO production is lessened, simply due to the composition of the atmosphere. So as the EPA says "drop CO, drop CO2" - the natural result is higher NOx. EPA responds with "lower CO and CO2 AND less NOx" and the manufacturers need new tech (SCR etc) to destroy the NOx. Now you have another tank of stuff to fill on your car, more pumps, hoses, injectors, compute, slightly worse economy, more that can go wrong etc.

      TL:DR - emissions are a balance scale, if you want to drop the whole scale you need more tech around it all (more $).

    16. Re:Which entity is really cheating? by KGIII · · Score: 1

      That makes sense, thanks.

      --
      "So long and thanks for all the fish."
  13. Another good reason to get rid of it. by Roodvlees · · Score: 1

    Maybe it will happen if the US ever get their democracy back.

    --
    Thank you, Bradley Manning, Edward Snowden and so many others, for courageously defending humanity, my freedom and more!
    1. Re:Another good reason to get rid of it. by Anonymous Coward · · Score: 1

      You know, the candidate who gets the most votes still wins.
      Don't confuse "I disagree with the majority vote" with "We have no democracy anymore".

    2. Re:Another good reason to get rid of it. by Roodvlees · · Score: 1

      Democracy should be about the people being able to determine what happens in terms of laws and policy. The choice you have is fake one several levels. First the donors determines who enters the election through the primaries, then you have a fake choice, then the winner does what the donors want because they are the ones who paid him. wolf-pack.com

      --
      Thank you, Bradley Manning, Edward Snowden and so many others, for courageously defending humanity, my freedom and more!
    3. Re:Another good reason to get rid of it. by mrchaotica · · Score: 1

      You know, the candidate who gets the most votes [after the good candidates were eliminated in the primary because we're too stupid to use a preferential voting system] still wins.

      FTFY.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:Another good reason to get rid of it. by danbob999 · · Score: 1

      Democracy is not a boolean. It's a full spectrum. The USA is a flawed democracy. It's still better than a dictatorship, but many countries are more democratic. All of them also tend to have greatly different policies, starting with free health care.

    5. Re:Another good reason to get rid of it. by Anonymous Coward · · Score: 0

      No true Scotsman, eh?

    6. Re:Another good reason to get rid of it. by Anonymous Coward · · Score: 0

      Those darn North Koreans call them selves democratic, I suppose we will have to redefine the term democracy again. Cause you know, no true scotsman.

  14. So true it hurts my conscience by cloud.pt · · Score: 1

    Right in the feels. No sentence I read this week makes as much sense as: "When you entrust your health, safety, or privacy to a device, the law shouldn't punish you for trying to understand how that device works and whether it is trustworthy." The problem is when laws change name for "Acts" and start benefitting companies over individuals.

  15. Re:Of course it does by Anonymous Coward · · Score: 1

    I'll make a point of donating to them (for the first time). Thanks for the prod, anonymous fear-monger!

  16. Re:Ze Germans eh? by towermac · · Score: 1

    Way too soon.

    When people talk about WWII in the same context that we talk about the Roman Empire, then it might be funny.

  17. Re:Of course it does by Anonymous Coward · · Score: 0

    As you wish. However, you should be mindful of some things, for your own good.

    If you like your job, do not donate to the EFF.

    If you like your house, do not donate to the EFF.

    If you love your family, DO NOT DONATE to the EFF or any such organizations.

    This is not fearmongering, it's just... Friendly advice.

  18. Re:All software/firmware should be exposed for rev by Anonymous Coward · · Score: 0

    This would be fairly simple to implement: make copyright for software contingent on source release. If you sell software, but you don't provide buyers with a copy of the source code, you lose your copyright.

  19. Re:Ze Germans eh? by danbob999 · · Score: 2

    The problem is that the Roman Empire was no more or no less evil than any other empire/country/kingdom/whatever of its time. The same can't be said of Nazi Germany.

  20. A case for black box testing by Virtucon · · Score: 1

    The reason VW was allowed to sell vehicles wasn't about examining the code that drove the ECU, but a failure to actually test the vehicle in real world conditions independently. That means you don't trust the ECU, you test using separate instrumentation to verify that it operates within parameters under actual road conditions; not in a lab, not on a dyno and use random samples available from dealers after it goes on sale. The EPA shouldn't rely on the ECU OBD information, use information from the tailpipe.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
    1. Re:A case for black box testing by Krishnoid · · Score: 1

      How and where does a dynamometer differ from actual road conditions? Is it the same/different when it comes to the engine, and for which other parts of the car's operation? Just curious.

    2. Re:A case for black box testing by Virtucon · · Score: 1

      Traffic, road heat/cold and overall car vibration. You can simulate a load on a dyno but much like in racing you don't see all the exact conditions until it's out on track.

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    3. Re:A case for black box testing by Anonymous Coward · · Score: 0

      Another article mentioned it could tell because only the driving wheels were rotating, not the freewheeling ones, unlike in actual road conditions. Unless you're on ice.

    4. Re:A case for black box testing by david_thornley · · Score: 1

      The testing is done under artificial controlled conditions for consistent and fair results. The idea is that an auto maker that cheats on the tests can be hit for massive legal penalties.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    5. Re: A case for black box testing by Anonymous Coward · · Score: 0

      The EPA/EU fucked up. That's the story. Bureaucracy failed.

  21. Re: Of course it does by Anonymous Coward · · Score: 1

    You could at least explain why. Right now your post looks like fear mongering.

  22. Re:All software/firmware should be exposed for rev by Anonymous Coward · · Score: 0

    Nobody "sells" you software. At most, they license it to you.

  23. Funny you should mention voters by Anonymous Coward · · Score: 0

    Because as long as we're talking about opening up proprietary code for inspection, we might want to take a look at the voting machines.

  24. A Very Telling statement was in the Article by Anonymous Coward · · Score: 2, Informative

    It went as follows: . . .

    "Surprisingly, the EPA wrote in [PDF] to the Copyright Office to oppose the exemptions we’re seeking. In doing this, the EPA is asking the Copyright Office to leave copyright law in place as a barrier to a wide range of activities that are perfectly legal under environmental regulations: ecomodding that actually improves emissions and fuel economy, modification of vehicles for off-road racing, or activities that have nothing to do with pollution. "

    I don't think "Suprisingly" is a word is a word I would use to describe what the EPA did there. I realize many people think they are the champions of the common man trying to give us a clean environment but their actions are always consistently protectionist for large corporations. Many who have followed their history have commented on how they seem to protect large corporations who pollute from big lawsuits and replace them with a slap on the wrist fine. Smaller competitors, on the other hand, get crippling business requirements with ever increasing regulations. That's our government. :-)

  25. I'll be honest... by Anonymous Coward · · Score: 0

    This was unforeseen by me. I had always assumed in matters of
    public health, that those responsible agencies had carte blanche.

    This is an amazingly (Republican) way to get-out-of-jail free for
    product manufacturers - heart machine kills a patient? N.P.,
    DMCA's got you covered.
    Taser kills somebody 'cause it's out of calibration?
    DMCA's got yo' back!

    Speeding tickets, the possibilities are pretty limitless. We've already
    seen this nonsense with voting machines.

    CAP == 'counting'

  26. Re:All software/firmware should be exposed for rev by KGIII · · Score: 1

    You can edit all the software that you own. At least all the software that I know of. I can't think of any software that you own that you can't edit it. In fact, that's one of the key pieces of ownership.

    --
    "So long and thanks for all the fish."
  27. Black Box Software by neonv · · Score: 4, Interesting

    The best way to test the emissions software, and the best from an engineering validation perspective, is to compare the Volkswagen software readings against direct measurements of the emissions (out of the tailpipe). This is a much more accurate method of regulation, and would have prevented this Volkswagen fiasco from the beginning. Regulators should test it this way rather than assume a vehicle manufacturer wrote software correctly, or even deliberately miswrote it. Access to software source code becomes unnecessary.

    1. Re:Black Box Software by Waccoon · · Score: 1

      The issue is whether doing this on a dyno is sufficient. It's not impossible, but difficult to haul emissions monitoring hardware on the road and reproduce a variety of standard conditions. Cheating could still be performed by measuring accelerometers, differential readings, driver input and reaction times, etc.

    2. Re:Black Box Software by Anonymous Coward · · Score: 0

      Or simply use the car's built-in GPS unit to determine whether the car is being driven at a known testing site. Without the code, there is no way to know whether the car is in 'testing mode'.

  28. Yet some how some figured it out with out any code by Anonymous Coward · · Score: 0

    You really think that someone was going to Get the VW code (DCMA in every county it is sold in?)
    Reverse engineer it and find the issue?

    The simply looked at the operation of the Car!

    Go effort on using a current news story as a talking doing to get what you really want.

  29. Fuel economy vs emissions by sjbe · · Score: 1

    First, the EPA sets two competing requirements: lower emissions and higher mileage. Do they have any engineering expertise that proves this is even possible?

    It's already been done so yes it is demonstrably possible. And yes the EPA has access to engineers and scientists who can provide reasoned opinions about what is actually possible. Second, lower emissions and higher mileage are NOT diametrically opposed. Cars that are lighter and get higher fuel economy also have lower emissions in part because they burn less fuel. Vehicle emissions are in part a direct function of the amount of fuel burned. Burn less and you emit less by definition.

    It's also possible that the EPA can get away with this by playing the evil, greedy corporation card saying, "The car companies don't want to do this because they are greedy,"

    That argument about car companies would mostly be correct albeit crude. The car companies don't want to do it because it costs money to develop the technology and the products to meet the more stringent emissions standards.

    I can pretty much guarantee that the consumer doesn't give a rat's ass about emissions when they could be saving money on gas which may also be artificially expensive.

    First off there CLEARLY is a group of consumers that cares very much about emissions. See Prius owners and Leaf owners among others. Second, cars that save on gas also tend to be the same ones with lower emissions.

    1. Re:Fuel economy vs emissions by Jon_S · · Score: 1

      The VW TDIs could easily meet the emission standards without compromising fuel economy and performance. All they had to do was add in a urea system to chemically destroy the NOx. Lots of other automakers do this. The didn't because it adds $400 or so to the cost of the car.

      There's no "vs." here.

  30. Re:All software/firmware should be exposed for rev by Anonymous Coward · · Score: 0

    Of course, some software you never really "own"... you just license it. Windows and Photoshop come to mind....

  31. Re: Of course it does by Anonymous Coward · · Score: 0

    Look, as I said: do as you wish.

    If what the EFF stands for is really that important to you, go ahead. Get yourself engaged. Donate money. Do whatever you want.

    Just keep in mind that everything has consequences and you will have to deal with them. Just sayin'.

  32. Sounds like the breathalyzers by Anonymous Coward · · Score: 0

    Interesting. Kinda reminds me of the source code for breathalyzers....can't look at that and vet it for accuracy either. The one time I was asked to take one, I refused and asked to be transported to a local hospital where a proper blood test would be taken at my expense to be used to test.

    Amazingly enough, the one beer with dinner an hour earlier suddenly wasn't a problem and I was let on my way.

  33. Re:Of course it does by Anonymous Coward · · Score: 0

    Just donated $100 dollars.

  34. Copylefted free software is needed by jbn-o · · Score: 1

    Even if the software source code isn't necessary for the emissions testing out of the tailpipe it is necessary for car owners to make the car do what they want. This is an opportunity for the public to get the car that is completely under their control. There's plenty of other fraudulent behavior that is under the control of the car software which can't be fixed except by changing the software (radio emissions and input via car remote controls, for example). Car owners deserve to be able to control their owned objects completely while complying with reasonable laws. Therefore we need strongly copylefted free software to achieve this in order to grant and secure the necessary freedoms for the foreseeable future.

    1. Re:Copylefted free software is needed by vandamme · · Score: 1

      If you find an open source car I'll buy it.

      And it better not have Microsoft software, like Fords.

  35. Re:Of course it does by Anonymous Coward · · Score: 0

    Yeah, right, well I heard that if you donate to the EFF the black helicopters will come and take you away and then nuke your home town, and the country it's in, and.. and.. and.. trigger the domesday device at the heart of the sun and blow up the entire universe! And stomp on the bits!

  36. Lmftfy by Anonymous Coward · · Score: 0

    When you buy something the law shouldn't punish you for trying to understand how it works.

  37. Re:Ze Germans eh? by towermac · · Score: 1

    I'll give you that. I simply meant the time frame.

  38. Simple solution: by stoatwblr · · Score: 1

    The DMCA is only valid in the USA.

    Do the reverse assembly elsewhere.