So they can inflate the piracy numbers. If they sell it at $0.99 they'll be able to claim the other $749.01 as piracy damages. Also known as creative accounting or fraud.
If the injunction lasts longer than the duration of Defcon it might as well be a permanent injunction.
1st Amendment Right should trump this easily. I'm sure they could try twisting it into some 'National Security' issue but please... Some bus ticketing system isn't gonna bomb the White House.
Well you can always ensure that if it isnt GPL'ed or a BSD or similar license that you just toss it and make your own. That is the beauty of open source and with the courts opening their eyes and curb stomping retarded software patents (ZOMG ONE CLICK!) the future might not be so bleak for open source in regards to the patent minefield as well.
Yes most ISPs use a number such as 3 days because a house is not apt to move around. A university/college with laptops and wireless internet would be more apt to use a lease duration of a shorter time of say 2-4 hours. This is because the length of classes/lectures is typically 1-2 hours and DHCP specification calls for renewing the lease halfway through the duration with a DHCP server. If they do not get permission to continue using the same IP address then they request a new one (common practice to not let someone keep the same IP indefinitely).
Also when shutting off the computer and moving to a new location (IE. New classroom, lecture hall, the cafeteria) typically one transits multiple different APs and will usually end up having to re-request an IP address from the DHCP server.
DHCP leases are a minor security threat if they have a long enough duration. If someone previously knew that this MAC and IP address combination were in use and arent now they could spoof the MAC and uses the same IP address since as long as the other machine is not being used it does not require the DHCP server's communication to use an address that is not in use or was previously dished out.
Another way around it that even non-technical users can utilize would be a USB or PCMCIA card that does the wireless connection and judicious use of Truecrypt with strong passwords with a removable hard drive such as a USB stick. They cant compel you to tell you the password if its only in your head. 5th amendment right and all that.
True... Though maybe someone can come up with an "Enhanced Privacy" version of Ubuntu or RedHat...
Use virtual machines with...
MAC Randomization Tor Proxy for web surfing Use of rotating proxies through bittorrent Restart the virtual machine fresh each time
Good luck associating a MAC and IP address with any machine running this. Unfortunately since it is not windows and wont play crap like WoW it'll probably only be used by the geeks in the Comp Sci departments.
1) Copyright started out as 7 years. 2) Copyright extended to 14 years. 3) Copyright extended to like lifetime. 4) Copyright extended to life+70 years. 5) Corporate authorship lasts the life of the company. If company is bought it lasts the life of that company.
Ever since Mickey Mouse was created in 1928 there has NEVER been an instance of a copyright expiring into the public domain. Maybe the ordinary people should lobby for shorter copyrights. However, there are a large number of laws and treaties in place that are presumably industry funded (MAFIAA) that dictate the length of protection for signatory countries and what not. Look up WIPO. It also dictates draconian measures like adopting DMCA-like provisions and what not which is a major reason why Canada hasnt ratified that particular treaty (instead working on the older treaty they are signatory to 'Berne Convention').
If something is created and NEVER goes into the public domain then it is effectively theft from the public domain. The one good thing about patents over copyrights is the fact that AT LEAST they expire in 20 years (although I'm sure some patent trolls would just *LOVE* to extend that to Life+70 years).
You could always try a constitutional challenge on the law itself...
4th Amendment explicitly states homes.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Presumption of Innocence (Innocent until *PROVEN* guilty in a court of law).
8th Amendment restriction on cruel and unusual punishment could apply as well
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
I presume this is the same amendment the 'sentence' of $220,000+ of that one lady who was actually found guilty is being challenged/appealed on. You could easily make a case for the law being unconstitutional if it's being used to 'excessively fine' individuals.
I'm so glad that we're talking about the 4th amendment and not the 1st... Because it'd be pretty horrible if you were only allowed freedom of religion, freedom of speech/press and the right to peaceably assemble in your own home.
What is being discussed is the 4th amendment as grabbed from Wikipedia:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Now I dont know about you but papers and effects dont necessarily have to be in your house. Do you want the FBI to walk over to your bank and go 'Hey can you please open up Safety Deposit Box #XXXXX for us?'... Didnt think so. Same thing here, except the guy who did it is also a public employee. A search is typically unreasonable if a police officer is unable to obtain a warrant in a court of law (which would indicate probable cause). It also states that a warrant cannot be a 'fishing expedition' indicating the specific place and things to be seized (IE. they cant take a warrant for your financial records on your computer, find child porn they cant charge you with possession of it because their warrant did not cover it, although it may be probable cause to check the rest of your house for such).
Any access through an insecure email service (Hotmail, Gmail both do not use https for anything other than for login credentials as far as I can tell) is just asking for this to happen to you. The fact he used a keylogger is irrelevant. He could have just as easily been 2 routers upstream sniffing traffic with wireshark and done the same thing.
The problem with these sorts of things is they tend to be secret databases that John Q Public cant just go and check if things are being used appropriately. When the watchers are the ones who get to select their own watchers then potentially extremely inappropriate uses can and most likely will occur.
I think the MAFIAA is full of bullshit because lets look at some things shall we...
Have they ever claimed Piracy was on the decline? No. Certainly Piracy has ebbs and flows just like every other 'crime' rate.
Even if they managed to get rid of all the illegitimate online copyrighted material they wouldn't want to. I am sure even THEY know that the illegitimate distribution actually benefits them. This has been proven in a large number of studies in terms of music. Those who pirate music tended to be those that purchased the most music. Most people use online downloading of MP3's as a way of screening good songs/albums from the floating turds of the music scene. Thus when they enter a brick and mortar store, they know exactly what they wish to purchase without having to screw around.
The RIAA wants people to come into the brick and mortar stores without warning and without foreknowledge of the music they wish to purchase. This way a consumer can be forced to purchase more 'crap' before they find the good stuff.
PS: Anyone find it hypocritical that they bitch about online distribution when radio stations are there broadcasting music 24/7 FOR FREE... This might be what is perpetuating the 'music shouldnt cost anything' mentality that is encouraging 'piracy'... Then again some stations play certain songs way too damn much (Achey Breaky Heart was one of the songs that was overplayed when it came out... Anything by Brittany Spears is also fell under that category because it sucked the first time around)
Might as well be bricked to Joe Average Consumer. They dont know how to stick a Vista CD into the drive and reinstall without dragging it into a computer shop telling the guy its broken and to fix it.
I'm pretty sure the MAFIAA if they could force the issue would claim everyone is a criminal because they've downloaded a song and are in possession of stolen (imaginary/intellectual) property.
Good thing the Police forces across the country have better things to spend their time on like murders, rapes, assaults, catching celebrities doing DUI's, etc... Or we'd all be in jail.
It *IS* pointless. It's like locking the door and leaving the window wide open. As much as Usenet is a useless piece of crap these days (god damn there's like epic levels of SPAM) the fact is that it wont even put a dent in the child porn problems, I bet 90% of them are accessed via http or maybe ftp. It is as someone pointed out merely the ISP's exercising a control mechanism. If today they are able to block usenet whats to stop them from blocking whatever they please. What if your ISP is run by a right wing religious nutjob and they block any and all porn not just child porn or by feminists who shut it down because its degrading to women?
It's a slippery slope, A slope that is already being traversed, now not only is actual child porn banned but now they're banning large portions of Anime/Hentai too because the characters look too child like.
The only way to really deter a thief from gaining entry would be fill your house with concrete. That may be exactly what the ISPs have us doing by the time they're done.
Not sure if he can pardon a civil case... Since there is no criminal conviction involved.
The thing is they figured they'd go into a civil court where AT&T is being sued, flash the 'Homeland Security' crap and the case would be dropped. But it wasnt... so now they need a law, but the constitution says you cant pass laws retroactively so I'm sure the retroactive immunity clause could be challenged in court too,
Slashdot Mirror
So they can inflate the piracy numbers. If they sell it at $0.99 they'll be able to claim the other $749.01 as piracy damages. Also known as creative accounting or fraud.
If the injunction lasts longer than the duration of Defcon it might as well be a permanent injunction.
1st Amendment Right should trump this easily. I'm sure they could try twisting it into some 'National Security' issue but please... Some bus ticketing system isn't gonna bomb the White House.
Well you can always ensure that if it isnt GPL'ed or a BSD or similar license that you just toss it and make your own. That is the beauty of open source and with the courts opening their eyes and curb stomping retarded software patents (ZOMG ONE CLICK!) the future might not be so bleak for open source in regards to the patent minefield as well.
Well if you like your 2nd Amendment Rights to be protected there is always the NRA to pick up the slack...
That said is the one or two incidents where they piss you off erase the rest of the good that they actually do?
I know this is feeding the troll but hey...
Yes most ISPs use a number such as 3 days because a house is not apt to move around. A university/college with laptops and wireless internet would be more apt to use a lease duration of a shorter time of say 2-4 hours. This is because the length of classes/lectures is typically 1-2 hours and DHCP specification calls for renewing the lease halfway through the duration with a DHCP server. If they do not get permission to continue using the same IP address then they request a new one (common practice to not let someone keep the same IP indefinitely).
Also when shutting off the computer and moving to a new location (IE. New classroom, lecture hall, the cafeteria) typically one transits multiple different APs and will usually end up having to re-request an IP address from the DHCP server.
DHCP leases are a minor security threat if they have a long enough duration. If someone previously knew that this MAC and IP address combination were in use and arent now they could spoof the MAC and uses the same IP address since as long as the other machine is not being used it does not require the DHCP server's communication to use an address that is not in use or was previously dished out.
Another way around it that even non-technical users can utilize would be a USB or PCMCIA card that does the wireless connection and judicious use of Truecrypt with strong passwords with a removable hard drive such as a USB stick. They cant compel you to tell you the password if its only in your head. 5th amendment right and all that.
True... Though maybe someone can come up with an "Enhanced Privacy" version of Ubuntu or RedHat...
Use virtual machines with...
MAC Randomization
Tor Proxy for web surfing
Use of rotating proxies through bittorrent
Restart the virtual machine fresh each time
Good luck associating a MAC and IP address with any machine running this. Unfortunately since it is not windows and wont play crap like WoW it'll probably only be used by the geeks in the Comp Sci departments.
A Fair(y) Use Tale
Long story short
1) Copyright started out as 7 years.
2) Copyright extended to 14 years.
3) Copyright extended to like lifetime.
4) Copyright extended to life+70 years.
5) Corporate authorship lasts the life of the company. If company is bought it lasts the life of that company.
Ever since Mickey Mouse was created in 1928 there has NEVER been an instance of a copyright expiring into the public domain. Maybe the ordinary people should lobby for shorter copyrights. However, there are a large number of laws and treaties in place that are presumably industry funded (MAFIAA) that dictate the length of protection for signatory countries and what not. Look up WIPO. It also dictates draconian measures like adopting DMCA-like provisions and what not which is a major reason why Canada hasnt ratified that particular treaty (instead working on the older treaty they are signatory to 'Berne Convention').
If something is created and NEVER goes into the public domain then it is effectively theft from the public domain. The one good thing about patents over copyrights is the fact that AT LEAST they expire in 20 years (although I'm sure some patent trolls would just *LOVE* to extend that to Life+70 years).
You could always try a constitutional challenge on the law itself...
4th Amendment explicitly states homes.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Presumption of Innocence (Innocent until *PROVEN* guilty in a court of law).
8th Amendment restriction on cruel and unusual punishment could apply as well
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
I presume this is the same amendment the 'sentence' of $220,000+ of that one lady who was actually found guilty is being challenged/appealed on. You could easily make a case for the law being unconstitutional if it's being used to 'excessively fine' individuals.
I'm so glad that we're talking about the 4th amendment and not the 1st... Because it'd be pretty horrible if you were only allowed freedom of religion, freedom of speech/press and the right to peaceably assemble in your own home.
What is being discussed is the 4th amendment as grabbed from Wikipedia:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Now I dont know about you but papers and effects dont necessarily have to be in your house. Do you want the FBI to walk over to your bank and go 'Hey can you please open up Safety Deposit Box #XXXXX for us?'... Didnt think so. Same thing here, except the guy who did it is also a public employee. A search is typically unreasonable if a police officer is unable to obtain a warrant in a court of law (which would indicate probable cause). It also states that a warrant cannot be a 'fishing expedition' indicating the specific place and things to be seized (IE. they cant take a warrant for your financial records on your computer, find child porn they cant charge you with possession of it because their warrant did not cover it, although it may be probable cause to check the rest of your house for such).
Best 40-50 minutes I've spent on Youtube... Someone mod parent up as informative.
Any access through an insecure email service (Hotmail, Gmail both do not use https for anything other than for login credentials as far as I can tell) is just asking for this to happen to you. The fact he used a keylogger is irrelevant. He could have just as easily been 2 routers upstream sniffing traffic with wireshark and done the same thing.
The problem with these sorts of things is they tend to be secret databases that John Q Public cant just go and check if things are being used appropriately. When the watchers are the ones who get to select their own watchers then potentially extremely inappropriate uses can and most likely will occur.
I think the MAFIAA is full of bullshit because lets look at some things shall we...
Have they ever claimed Piracy was on the decline? No. Certainly Piracy has ebbs and flows just like every other 'crime' rate.
Even if they managed to get rid of all the illegitimate online copyrighted material they wouldn't want to. I am sure even THEY know that the illegitimate distribution actually benefits them. This has been proven in a large number of studies in terms of music. Those who pirate music tended to be those that purchased the most music. Most people use online downloading of MP3's as a way of screening good songs/albums from the floating turds of the music scene. Thus when they enter a brick and mortar store, they know exactly what they wish to purchase without having to screw around.
The RIAA wants people to come into the brick and mortar stores without warning and without foreknowledge of the music they wish to purchase. This way a consumer can be forced to purchase more 'crap' before they find the good stuff.
PS: Anyone find it hypocritical that they bitch about online distribution when radio stations are there broadcasting music 24/7 FOR FREE... This might be what is perpetuating the 'music shouldnt cost anything' mentality that is encouraging 'piracy'... Then again some stations play certain songs way too damn much (Achey Breaky Heart was one of the songs that was overplayed when it came out... Anything by Brittany Spears is also fell under that category because it sucked the first time around)
Thats what the energy crisis is doing... If noone has electricity for computers then P2P will die duh...
Might as well be bricked to Joe Average Consumer. They dont know how to stick a Vista CD into the drive and reinstall without dragging it into a computer shop telling the guy its broken and to fix it.
Time to tag this as 'gettherealfacts'
If the state did that it'd be considered entrapment. Why isnt it possible for the RIAA to be nailed for similar?
I'm pretty sure the MAFIAA if they could force the issue would claim everyone is a criminal because they've downloaded a song and are in possession of stolen (imaginary/intellectual) property.
Good thing the Police forces across the country have better things to spend their time on like murders, rapes, assaults, catching celebrities doing DUI's, etc... Or we'd all be in jail.
Just say you misplaced the emails. It worked for the Whitehouse and President Bush.
Because apparently employers place more value on a piece of paper than they do the actual knowledge someone may have.
Besides I'm pretty sure that there is prior art of this...
Say a paper with hand written flat file database (aka. A list) for your grocery list on it from 20+ years ago?
Theres a hardware solution, its called a boot to the head.
I agree theres no such thing as a technical solution to a social problem.
That said... When the only tool you have is a hammer, all problems seem like nails.
It *IS* pointless. It's like locking the door and leaving the window wide open. As much as Usenet is a useless piece of crap these days (god damn there's like epic levels of SPAM) the fact is that it wont even put a dent in the child porn problems, I bet 90% of them are accessed via http or maybe ftp. It is as someone pointed out merely the ISP's exercising a control mechanism. If today they are able to block usenet whats to stop them from blocking whatever they please. What if your ISP is run by a right wing religious nutjob and they block any and all porn not just child porn or by feminists who shut it down because its degrading to women?
It's a slippery slope, A slope that is already being traversed, now not only is actual child porn banned but now they're banning large portions of Anime/Hentai too because the characters look too child like.
The only way to really deter a thief from gaining entry would be fill your house with concrete. That may be exactly what the ISPs have us doing by the time they're done.
Not sure if he can pardon a civil case... Since there is no criminal conviction involved.
The thing is they figured they'd go into a civil court where AT&T is being sued, flash the 'Homeland Security' crap and the case would be dropped. But it wasnt... so now they need a law, but the constitution says you cant pass laws retroactively so I'm sure the retroactive immunity clause could be challenged in court too,