DMCA latest News:2-5-04 Tenneesee about to make Routers Illegal

[dmcowen674]

Originally posted by: jliechty
How about a link to the thread instead of a full-text copy&paste. It's easier to read that way.

BTW, Overnet is not illegal, but sharing some things on it is. (IANAL)

True, sometimes I do post a link back to the other thread but wanted the Cox letter itself here since it is a DMCA letter. I also edited out the fluff responses in the thread too.

I had never heard of Overnet, obviously there is a ton of P2P programs out there. That is why the RIAA/MPAA is pushing Congress to make P2P Technology itself illegal.

Don't forget about the other front they are going for on this in that all Computers would conform to a Secured Hardware and Software system and everything monitored. Basically a Big Brother/Hitler style system. They recently renamed it something else, it was called Palladium.

 

[ProviaFan]

Originally posted by: dmcowen674
True, sometimes I do post a link back to the other thread but wanted the Cox letter itself here since it is a DMCA letter. I also edited out the fluff responses in the thread too.

I had never heard of Overnet, obviously there is a ton of P2P programs out there. That is why the RIAA/MPAA is pushing Congress to make P2P Technology itself illegal.

Overnet is basically a totally decentralized technology, so there is no corporate head to sue. Not having a centralized sue-able person or entity isn't much of a protection these days. Freenet (which more people would use if it didn't suck) offers more security, so that it's not possible to tell where a piece of data is coming from or where it's going (if you can even find out what it is, since it's encrypted). That is going to be one hard catfish for the RIAA to find any way to skin (I guess they are smart enough to see ahead, and that's why they're moving toward outlawing all distributed applications, despite the utter stupidity of that; do you ban all kitchen knives because a knife can be used to kill?).

Don't forget about the other front they are going for on this in that all Computers would conform to a Secured Hardware and Software system and everything monitored. Basically a Big Brother/Hitler style system. They recently renamed it something else, it was called Palladium.

Yes, that is the main area where they are trying to infringe on privacy (unreasonable searches, and presumed guilt until proven innocence). While sending your IP address to a server with a list of illegal files is akin to listing your name and number in a phone book (and thus they're not infringing on your privacy to check that out), their methods of bypassing due process to get the personal information that goes with the IP address don't sit too well with me, and seem to set a dangerous precedent. The CBDTPA (EFF info) is the bill you're thinking about; it used to be called the SSSCA (I can't remember what that acronym stood for). Palladium is a technology that Microsoft is working on, which is an example of what might be enforced by the CBDTPA, but it is not related to the CBDTPA directly. Since "Palladium" got so much bad press, they renamed it, and now (well, the last time I checked) it's called something along the lines of "Trusted Computing".

 

[dmcowen674]

New Action in TN. Anyone on the ground heard anything or know anyone
involved?

General Assembly renews consideration of cable theft legislation

by Alexei Smirnov (alexei@nashvillepost.com)

Thursday, 9/11/2003 -- A Tennessee General Assembly committee charged
with
studying theft of cable and broadband services met for initial
deliberations Wednesday.


The joint study committee was appointed at the end of legislature's
spring
session when the proposed cable theft bill did not pass a handful of
necessary hearings due to time constraints and opposition by a group of
local technology enthusiasts.


Backed by the Tennessee Cable Telecommunications Association, the bill
addresses modern technologies that did not exist when cable theft
statutes
were first adopted in the 1990s. While its backers say the bill would
help
prevent theft of cable and Internet services, the opponents, such as the
Tennessee Digital Freedom Network, say the bill's language is so vague
that
it could potentially target innocent technology users and restrict the
choices of devices consumers will be able to plug into telecom lines.


During the meeting Wednesday, Sen. Larry Trail (D-Murfreesboro) was
appointed chairman of the study committee and Rep. Gary Odom
(D-Nashville)
was named co-chairman.


The next meeting is slated for the beginning of October.

 

[dmcowen674]

9-23-2003 Jury convicts man in DMCA case

Florida man convicted of violating the Digital Millennium Copyright Act, in the first jury-trial conviction under the controversial law, according to a U.S. attorney's office.

The Los Angeles jury found 38-year-old Thomas Michael Whitehead guilty on Friday of selling hardware that could access DirecTV satellite broadcasts without paying for them.

With the six felony convictions, Whitehead faces up to 30 years in federal prison and fines of as much as $2.75 million. Sentencing is scheduled for Jan. 26, 2004.

The government's first attempt to win a jury conviction based on the law ended in the acquittal of ElcomSoft. The Russian company's employee Dmitri Sklyarov became a cause celebre among hackers after he was arrested. Sklyarov had described his company's software for decrypting Adobe's eBooks software to attendees of the DefCon security conference.

Legal analysts predicted that Whitehead's convictions would fail to elicit support comparable to that seen for Sklyarov.

"The fact is that many people believe the DMCA is overreaching in the copyright area," said Evan Cox, an attorney with Covington & Burling in San Francisco who specializes in copyright issues. "But hacking a DirecTV feed simply to avoid paying for it is not going to arouse the sympathy that you got for hacking an eBook reader that let you put it on a different machine, or making copies for personal use."

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The only question in this case;

Does the punishment fit the crime or will the punishment fit the crime since sentencing is not till early next year?

 

[dmcowen674]

9-24-2002 Studios Moving to Block Piracy of Films Online

Hilary Rosen former President of RIAA:

"Movie executives have to be aggressive in their business strategy right off the bat," Ms. Rosen said. "Frankly if they don't take that view given what has happened in the music business, they should all be fired."

 

[dmcowen674]

10-5-2003 Unintended Consequences: Five Years under the DMCA

EFF Report:

"Five years of experience with the ?anti-circumvention? provisions of the DMCA demonstrate that the statute reaches too far, chilling a wide variety of legitimate activities in ways Congress did not intend. As an increasing number of copyright works are wrapped in technological protection measures, it is likely that the DMCA?s anti-circumvention provisions will be applied in further unforeseen contexts, hindering the legitimate activities of innovators, researchers, the press, and the public at large."

 

[dmcowen674]

10-5-2003 Court considers refills a repair under DMCA

"Lexmark won a favorable judgement in its attempt to prevent competitors from refilling its cartridges. The judgement, issued by Judge Saundra Brown Armstrong of the U.S. District Court for the Northern District of California, was a big loss for 'the rest of us,' reading in part "Because of its patents, Lexmark has the right to impose conditions on the sale of its patented product. It may restrict a purchaser's ability to repair it, which is what in essence the single-use condition does." What now? Will GM prohibit unauthorized repairs of its patented car components?"

 

[dmcowen674]

10-7-2003 Simple Flaw in CD-Copy Protection System?

A Princeton graduate student said on Monday that he has figured out a way to defeat new software intended to keep music CDs from being copied on a computer -- simply by pressing the Shift-key.

In a paper posted on his Web site late Monday, John Halderman said the MediaMax CD3 software developed by SunnComm Technologies Inc. (OTC BB:STEH.OB - news) could be defeated on computers running the Windows operating system by holding down the Shift key, disabling a Windows feature that automatically launches the encryption software on the disc.

Halderman said the protection could also be disabled by stopping the driver the CD installs when it is first inserted into a computer's drive.
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The next News item will be that this guy is jailed under the DMCA unfortunately.

 

[ProviaFan]

Originally posted by: dmcowen674
The next News item will be that this guy is jailed under the DMCA unfortunately.

You seem to have these people figured out pretty well, hmm?
SunnComm plans to sue

 

[dmcowen674]

Originally posted by: jliechty

Originally posted by: dmcowen674
The next News item will be that this guy is jailed under the DMCA unfortunately.

You seem to have these people figured out pretty well, hmm?
SunnComm plans to sue

"In addition, SunnComm believes that Halderman has violated the Digital Millennium Copyright Act (DMCA) by disclosing unpublished MediaMax management files placed on a user's computer after user approval is granted. Once the file is found and deleted according to the instructions given in the Princeton grad student's report, the MediaMax copy management system can be bypassed resulting in the copyright protected music being converted or misappropriated for potentially unauthorized and/or illegal use. SunnComm intends to refer this possible felony to authorities having jurisdiction over these matters because: 1. The author admits that he disabled the driver in order to make an unprotected copy of the disc's contents, and 2. SunnComm believes that the author's report was "disseminated in a manner which facilitates infringement" in violation of the DMCA or other applicable law. "

"SunnComm believes that by making erroneous assumptions in putting together his critical review of the MediaMax CD-3 technology, Halderman came to false conclusions concerning the robustness and efficacy of SunnComm's MediaMax technology. Based on several of these incorrect assumptions, Halderman and Princeton University have significantly damaged SunnComm's reputation and caused the market value of SunnComm to drop by more than $10 million. "
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Originally posted by: jliechty

Originally posted by: dmcowen674
The next News item will be that this guy is jailed under the DMCA unfortunately.

You seem to have these people figured out pretty well, hmm?

So this Student is facing anywhere from 5 to 25 years in Federal Prison as well as having to pay SunnComm 10 million dollars. Just Brilliant this DMCA, brilliant

The EFF, Declan and many others including me have been warning people about this for nearly 2 years now and it is getting to the point of Martial Law and a Penal Colony.

 

[dmcowen674]

10-10-2003 In an abrupt reversal, SunnComm Technologies said Friday that it would not sue a Princeton University graduate student

SunnComm's threats had drawn enormous attention in a short time, with some legal analysts saying a lawsuit would represent an egregious abuse of the DMCA...

Halderman could not immediately be reached for comment on Friday. "I expect I will be well-represented in the case of a lawsuit," the computer science student said Thursday. "If pressing the Shift key is a violation of the DMCA, then the law needs to be changed."

 

[dmcowen674]

MPAA extends U.S. Copyright Extension to Austrailia
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MPAA and it's Lawyers control the U.S. and now the World.

 

[dmcowen674]

10-24-2003 AOL changes settings on Users PC

Imagine a world where AOL sniffs around inside your PC, correcting operating system security flaws left in place by Microsoft.

AOL has been begun tinkering with the OS of their users, shutting the feature down entirely. They say they've changed the settings for some 15 million AOL users

"It's a very dangerous precedent in having companies go into your computer and turn things on and off."
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OK, fine. AOL customers should have the same rights as the Government and arrest, put in jail and shut down AOL for violating the DMCA but on a reverse basis.

 

[dmcowen674]

U.S. DMCA to go global in 2005, gets a new Name FTAA

File sharers would be jailed under FTAA Treaty

Internet music swapping will be a felony throughout the Western Hemisphere in 2005.

"The draft intellectual property rights chapter in the FTAA Agreement vastly expands criminal procedures and penalties against intellectual property infringements..."One clause would require countries to send non-commercial infringers such as Peer-to-Peer (P2P) file-sharers to prison. It is estimated that 60 million Americans use file-sharing software in the US alone.

The proposed agreement forbids consumers from bypassing technical restrictions on their own CDs, DVDs and other property, similar to the odious US Digital Millennium Copyright Act (DMCA).

"Mislabeled as a 'free trade' agreement, the FTAA Agreement would actually make it illegal to bypass trade barriers such as DVD region code restrictions and it would enable price discrimination against consumers in the Americas.

Another clause would require all countries to amend their copyright laws to extend copyright's term to at least 70 years after the life of the author, essentially forcing the new US standard on all other 33 countries in the hemisphere.

"The FTAA Treaty's IP chapter reads like a 'wish list' for RIAA, MPAA, and Microsoft lobbyists," says IP Justice executive director Robin Gross.

FTAA Treaty negotiators will meet in Miami from November 16-21, 2003. Debate over the text of the FTAA Treaty will conclude by January 2005 and the treaty is due to take effect by December 2005.

 

[ProviaFan]

Here is a petition about the FTAA (I doubt it will do anything, but it's worthwhile to sign anyway, I guess).

 

[dmcowen674]

10-29-2003 Copyright officials rule against Lexmark

The United States Copyright Office has ruled in favour of Static Control Components, of Sanford, N.C., saying that its microchips do not contravene the Digital Millennium Copyright Act.

The ruling says that section 1201 of the DMCA allows aftermarket companies to develop software for the purpose of remanufacturing toner cartridges and printers.

SCC argued that Lexmark was trying to shield itself from competition by installing a chip on its toner cartridges to make it difficult for third-party manufacturers to make generic cartridges.

The decision says that SCC is entitled to sell replacement chips for use in used Lexmark toner cartridges.

Lexmark filed its suit against SCC in December, 2002, saying the DMCA shields itself from competition from the remanufacturing industry.

Lexmark filed its suit against SCC in December, 2002, saying the DMCA shields itself from competition from the remanufacturing industry.
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I'm shocked and glad to see someone in Govt has grown a brain.

 

[Bowfinger]

Originally posted by: dmcowen674
10-29-2003 Copyright officials rule against Lexmark

The United States Copyright Office has ruled in favour of Static Control Components, of Sanford, N.C., saying that its microchips do not contravene the Digital Millennium Copyright Act.

The ruling says that section 1201 of the DMCA allows aftermarket companies to develop software for the purpose of remanufacturing toner cartridges and printers.

SCC argued that Lexmark was trying to shield itself from competition by installing a chip on its toner cartridges to make it difficult for third-party manufacturers to make generic cartridges.

The decision says that SCC is entitled to sell replacement chips for use in used Lexmark toner cartridges.

Lexmark filed its suit against SCC in December, 2002, saying the DMCA shields itself from competition from the remanufacturing industry.

Lexmark filed its suit against SCC in December, 2002, saying the DMCA shields itself from competition from the remanufacturing industry.
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I'm shocked and glad to see someone in Govt has grown a brain.

Don't get your hopes up. The laws of chance dictate that sooner or later, some authority somewhere was bound to make an intelligent decision.

In all serious, this is great news. I hope it has legs with the courts. The DMCA is a disaster (and it wasn't even Bush-lite's fault).

 

[dmcowen674]

11-1-2003 Librarian of Congress Fails Public Interest in Copyright Regulation

Ignores Fair Uses of DVDs and CDs

Washington, DC - The Librarian of Congress this week continued to disregard
consumers' rights and denied exemptions to copyright law related to consumers'
use of CDs and DVDs that they legally purchase.

EFF had urged the Register of Copyrights and the Librarian of Congress to grant
exemptions to the 1998 Digital Millennium Copyright Act (DMCA) ban on
circumventing technological locks. These digital locks, known as "digital
rights management" (DRM) systems, limit how consumers can play and view their
CDs and DVDs.

"Consumers are the real losers in today's ruling, because the Librarian of
Congress is ignoring the rights of nearly everyone who has purchased CDs and
DVDs," said EFF Staff Attorney Gwen Hinze. "We're disappointed that the
Copyright Office and the Librarian of Congress did not recognize the significant
impact that the DMCA is having on millions of consumers' ability to make
reasonable uses of digital media they've purchased."

The Copyright Office did grant exemptions for the following activities:

1. Decoding lists of Web pages or directories blocked by Internet filtering
software, also known as censorware. EFF Pioneer Award recipient Seth
Finkelstein was instrumental in lobbying for censorware exemptions to the DMCA
for each U.S. Copyright Office rulemaking period.

2. Circumventing obsolete digital rights management devices called dongles that
prevent access due to malfunction or damage. The Internet Archive requested
this exemption.

3. Accessing computer programs and video games distributed in obsolete formats.
The Internet Archive requested this exemption.

4. Accessing ebooks for which the publisher has disabled the read-aloud function
or the ability to use screen readers to render the text into a specialized
format, such as Braille for access by the blind. The American Foundation for
the Blind and five major library associations requested this exemption.

"Although the exemptions granted by the Librarian of Congress are important,
today's ruling just underscores the need for legislative reform of the DMCA to
restore the balance in U.S. Copyright law," said EFF Senior Intellectual
Property Attorney Fred von Lohmann.

For the full press release:
<http://www.eff.org/IP/DMCA/20031028_1201_pr.php>

Ruling of the Copyright Office:
<http://www.eff.org/IP/DMCA/copyright_ruling.php>

Comments and testimony to the Copyright Office:
<http://www.eff.org/IP/DMCA/copyrightoffice/>

EFF report: "Unintended Consequences: Five Years under the DMCA":
<http://www.eff.org/IP/DMCA/unintended_consequences.php>

 

[dmcowen674]

11-4-2003 5pm EST - Breaking News from EFF:

FCC passes "Broadcast Flag". All hardware to censor data for illegal file sharing.

I don't have a link yet.

This puts control of all Electronic Hardware especialy Computers in the Control of Hollywood. All PC's must be equipped with the Censoring Chip Technology. Any equipment not in compliance is deemed illegal and must be destroyed. Anyone caught using such equipment faces Federal Felony charges.

Edit: Here is the link, just put up on front page of web portals


11-4-2003 FCC Approves Internet Anti-Piracy Tool

The government on Tuesday approved an anti-piracy mechanism to make it harder for computer users to illegally distribute digital TV programs on the Internet.

 

[dmcowen674]

Thank you Jjsole for pointing this out, I didn't see this Sunday report:
----------------------------------
PM from Jjsole:

fyi, finally dmca loses a case. It doesn't have many ramifications by losing except a nice precedent, but if it won it would have been disastrous.

11-16-2003 Garage Gadget Wins Digital Copyright Case

Quote

--------------------------------------------------------------------------------
CHICAGO - In a closely watched technology lawsuit, a federal judge has ruled that a garage-door opener designed as a replacement for a model made by a rival manufacturer does not violate the nation's digital copyright law.

"Consumers have a reasonable expectation that they can replace the original product with a competing universal product without violating federal law," Judge Rebecca M. Pallmeyer said.
--------------------------------------------------------------------------------

"This is one of the first cases that has actually looked at the language of authority" given to the manufacturer by the law to prevent consumers from using a so-called aftermarket product, she said.

"This was an attempt to expand the Digital Millennium Copyright Act to where it had never gone before,"

Attorneys said the other federal court major case being watched for clues as to the limits of the digital copyright law is an effort by Lexmark International Inc. of Lexington, Ky., to bar Static Control Components Inc. of Sanford, N.C., from selling computer chips that match remanufactured toner cartridges to Lexmark International printers.
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Thank Goodness, some sign of backlash in the Courts against this insanity.

 

[dmcowen674]

Unfortunately with such an insane Law the back and forth battles continue:

The plump Wallet Website just got a DMCA Letter to remove posts by people posting referencing any Black Friday Ads ahead of time.

11-14-2003 Best Buy uses DMCA to quash early Ads

At approximately 11PM CST on 11/14/03, We became aware of a D.M.C.A. notification and subpoena from what appears to be the legal firm representing Best Buy Enterprise Services, Inc.

Due to the late hour and legal counsel not being immediately available, we are taking the action to remove the content we believe the notification is referring to. We ask that FatWallet members do not post further information regarding this matter or links to third party sites containing the information. Under the terms of the D.M.C.A., we will have an obligation to remove such information as we become aware of it.

We will follow up with legal counsel and take further action as appropriate.

Thank you in advance for your patience, cooperation and understanding.

Tim Storm
President

11-16-2003 Best Buy Uses DMCA To Quash Black Friday Prices

Posted by timothy on Sunday November 16, @01:57PM
from the wouldn't-want-to-tell-you-prices dept.
Sethb writes "It looks like Best Buy didn't learn from Wal-Mart last year, and has now invoked the DMCA in order to prevent FatWallet from posting information about what items they will have on sale the day after Thanksgiving. Hopefully FatWallet will stand up for themselves again, and Best Buy will be laughed out of court."

Next Headline: (Score:5, Insightful)
by j0keralpha (713423) * on Sunday November 16, @01:59PM (#7488334)

Major Book Publishers use DMCA to quash blurbs and book reviews!

This law is getting just a shade ridiculous.

 

[djNickb]

Seriously if we want to be heard by these companies we need to unite and hit em where it counts, their income statement. If enough people can effectively boycott these companies which are unfairly circumventing our civil liberties in the name of preserving profit margins they will be forced to listen to the consumer or go the way of the dinosaur. I'm not advocating piracy by any means, I just believe that the corporate lobbyists have trampled over the constitution in an effort to protect their profits and outdated business models. This is no longer the industrial age, it is the information age, they need to learn to evolve or go extinct. Who is with me?

 

[rjain]

If they're doing all this to keep their products overpriced relative to competitors, it would also be financially beneficial in the immediate term for us to boycott their products. The only way I'd buy a Lexmark ink cartridge is to get one of their printers free after rebate and throw away the old printer. That is, if I had any use for a printer of my own (as opposed to a far better one at Kinko's) in the first place.

 

[DealMonkey]

IIRC Fatwallet got slapped with DMCA-related action last year and fought it. I believe they won too. FW has been pretty open this year with their policies concerning "Black Friday" sales. I thought as long as the posts didn't contain links to the scans of the actual ads and only contained text, the post was legal.

 

[dmcowen674]

Originally posted by: DealMonkey
IIRC Fatwallet got slapped with DMCA-related action last year and fought it. I believe they won too. FW has been pretty open this year with their policies concerning "Black Friday" sales. I thought as long as the posts didn't contain links to the scans of the actual ads and only contained text, the post was legal.

Now you're getting it. It's gotten to the point that WORDS are ILLEGAL. They're locking people up and putting them on trial just for words. A guy had bomb making instructions on his website and now sits in jail and 3 Aussies are in Court over Words that were links to others computers that had the actual files.