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Jon Johansen on ABC World News Tonight 413

Egil Kvaleberg writes "According to the newspaper VG [in Norwegian], a film crew is apparently on its way to Jon Johansen to shoot some footage which most likely will appear in tonight's edition of ABC's World News Tonight. The DVD-case has created a bit of a stir, and some important principles that it raises have already been raised in the Storting (Norwegian parliament). The EFF has offered Jon and his father support by offering to pay for a lawyer." If you miss the story on ABC, don't worry. Jon will be Slashdot's featured interview guest next week - and we don't confine our guests' answers to "sound bite" length.
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Jon Johansen on ABC World News Tonight

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  • > Can anybody who has read their coverage give an opinion?

    My media addiction has been in remission lately, but from what I have read/watch, the media have been all but ignoring the case until recently. However, Jon's arrest seems to be warming things up a bit.

    In general, we're seeing a familiar pattern: a hot topic on /. becomes a hot topic on the more formal tech news sites a day or two later, and then (sometimes) migrates from there to the mainstream news sites a few days after that.

    You can view ABC news online at this site [go.com]. I don't see anything about the case there right now.

    --
    It's October 6th. Where's W2K? Over the horizon again, eh?
  • Simple question for those in Norway.

    If/when Jon's case comes to court, will it be heard before a Jury?
  • And this is new how?

    Since when is journalism about thruth, unbiased reporting?

    Surely it died with the advertisers..

    Ever read the NY Times? Seen the articles where they accuse themselves? quite hilarious, if it wasnt so scary.

    Hugs SlashDread
  • I think you'll find "he" refers to Kevin Mitnick, in response to a post which mentioned him. This was, therefore, quite on topic. You seem to have missed the point entirely.

    Kevin Mitnick did compromise systems. jon didn't: nobody's arguing with that.
  • Since no one needs deCSS to rip an illegal copy

    Why Do people persist in stating this! Almost everyone needs DeCSS to make an illegal copy!

    Perhaps we are falling into an error. Yes, almost any would would need to use deCSS to make a copy on to hard disk. But that's not illegal...

    Yes, almost anyone would need deCSS to snip a clip and share it with thier friends.... but that's not illegal...

    Yes, almost anyone would need cdCSS to place a copy of the movie on hard disk (or cdrom, or DVDRAM, or what have you), but that isn't illegal.

    It's only illegal if you do it and it isn't for personal use, comment, or review, or you don't destroy all copies when you dispose of the original. (IANAL)

    Can you agree with me that VHS tapes are easy to copy? Can you agree that most of us don't rent a move and rip a copy of it?

    No sir, the question here isn't is it impossible to use it illegally , but is it more likely to be used legally.

    I know quite a few people that go and buy the newest movies. These folks all know each other. Some even go buy several copies of the same movie so only one person has to go to the store.

    These same folks could very easily rip copies of these movies on tape, but they don't. Why? Could it be because they are honest? Could it be they like having the original tape? Could it be that it's too much trouble?

  • by Danse ( 1026 ) on Thursday January 27, 2000 @08:39AM (#1331668)

    This is one of the best explanations of the case at hand that I've read yet. It uses some very good analogies. This should be front and center for everyone to read.

  • First of all: whatever moron moderated the above post as "insightful" should never be allowed to moderate again. I hope is shows up in my metamoderaton...
    f it wasn't theft, what was it? He broke into other people's systems and downloaded software. Whether or not he did it for profit or for glory, or whatever is irrelevant. He stole from the company by making a copy.

    Wrong! Jon did not "break into other people's systems", he reverse engineered an application ON HIS OWN PC! Good grief man, at least try to follow the story!
  • I can understand why many people fear many things, but that doesn't mean I want to see those things banned. I'm terribly sorry if they feel that piracy is going to cause grievous harm to their industry. I'm all in favor of them prosecuting true copyright violators. I simply won't stand idly by and let them take away my rights to make my own damn copies of DVDs that I have legitimately bought, or to use them with the OS of my choice, or in any other way that I am legitimately allowed to under copyright law. I don't care how afraid they are. They knew the risks, but they decided that they could make a substantial (or more likely unbelievably huge) profit with DVDs. Business ventures are always a risk, but I'm not going to give up my rights just so that they can reap more profits and not have to worry about the risks.

  • Let's prove to the outside world that DeCSS has "gone mainstream".

    Join my list of people holding copies of DeCSS.

    If you hold a copy of DeCSS, email the following info on the subject line to e_lehman@mit.edu [mailto]:

    DeCSS - (last name), (first name) - (city), (state), (country)

    Append a * if and only if you would like to express interest in a mass, simultaneous web-posting of DeCSS at some future date, should the MPAA prove relentless.

    If the list grows to thousands, this negates the MPAA lawsuit in practical terms. Go ahead, sue 3 guys: there are thousands more where they came from.

    Furthermore, we can make an important point that everyone-- not just geeks-- should understand in this case and for the future: bulldog lawyers, lobbyist-written laws, and PR goons can't prevent decent people from distributing decent stuff via the net.

    Not worth your time to defend freedom of speech on the net? Take a look at Option B [cnn.com].

    The individual liberties that will exist on the net for decades to come are being hashed out NOW. A lot of posters are clearly struggling to fairly balance copyright, trade secret, and patent issues against free speech on the net. This is certainly commendable, but anyone think the MPAA will temper their position one iota out of deference to free speech? I don't think so. This is a major, precendent-setting case, so let's win.

  • by jconley ( 28741 ) on Thursday January 27, 2000 @02:50AM (#1331687) Homepage
    I worry about how Jon will be portrayed, and how we, as a community, will be portrayed in this story. All mass media has a history of spinning things in their favor, and I hope ABC looks at all sides. I am looking forward to seeing this piece, and I hope that maybe it will bring to light what Jon, and the others were trying to do in the first place, i.e. Watch DVDs on their Linux box
    Jordan
  • I wonder if ABC News will be yet another defendant in the lawsuit. Knowing the justice system, the MPAA could probably accuse them of giving away too much information.
  • Get a life. De-CSS is *not* being used to pirate whatsoever

    Hah, I almost laughed out loud when I read that. Are you really so dense? The files are being compressed down to VCD, and then ether burned or transferred online. Were you unaware of the existence of dvd-copy.com [dvd-copy.com] Take a look, and stop being so unbelievably blind.

    No, I do not support the DVD-CCA, but I don't support idiotic doublethink ether.

    [ c h a d o k e r e ] [iastate.edu]
  • Today, I found a Japanese patent that would apear to be for the CSS system. Please see: http://www.patents.ibm.com/details?pn=JP10106148A_ JP10106148A: CIPHERING METHOD, DECODING METHOD, RECORDING AND REPRODUCING DEVICE, DECODING DEVICE, DECODING UNIT DEVICE, RECORDING MEDIUM, MANUFACTURE OF RECORDING MEDIUM AND METHOD OF MANAGING KEY http://www.patents.ibm.com/details?pn=JP11088859A_ JP11088859A: METHOD AND DEVICE FOR PROTECTING COPYRIGHT DATA IN COMPUTER SYSTEM This one is an American patent that seems to show most of the CSS system! http://www.patents.ibm.com/details?pn=US05917914__ US5917914: DVD data descrambler for host interface and MPEG interface
  • by Issue9mm ( 97360 ) on Thursday January 27, 2000 @02:53AM (#1331695)
    Not to be TOO pessimistic, but WHY are the camera crews headed to see him?

    In our reality, the media is all-too-often apt to side with the large corporation. Hackers/Crackers are bad, right?!? Why do we have reason to believe that he'll be cast in something other than negative light?

    Now that Jon has been labelled "hacker", what's to keep the media from trying to label him as such, and treat him with the standard treatment of "hackers"? (Typical media sensationalism included)

    I hope that I'm wrong, I really do. But I did see the 60 Minutes Mitnick interview, and while it was fairly impartial, I was really POd when the interviewer kept insisting that what Kevin was doing was theft. (No, in my opinion, it wasn't theft.)
  • I don't have details about Norway, but Free Speech has much less constitutional protection in most European countries, than in the USA.
  • by errittus ( 13200 ) on Thursday January 27, 2000 @06:24AM (#1331726) Homepage
    One of the CBS affiliates had run a story on the 10pm news about Jon J. Needless to say i'm a little infuriated about the misrepresntation (DeCSS is used for pirating DVDs). I'm a member of Lafix.org, a local linux users group. I'm pushing for a rebuttal to the news story last night. Does anyone have any advice to offer about how to approach a local news affiliate in these kind of manners? I do NOT intend to flame them. In fact i would like to approach them with the latest information and the utmost *CIVILITY* Any and all advice will be taken into consideration. I have read up on opendvd.or, LiViD, and many other online resources. Please respond prompty.

    All comments and advice will be weighed equally and smartly. Thanx in advance.

    Josh V. of LAFix.org
  • Jon?

    Damn. Bastard orderlies gave me the wrong medication.

    Most embarassing. My humblest apologies.

  • Please note that my native tounge is the closely related Swedish and not Norwegian, so there may be errors in this.

    Computer-Jon on US television

    Now the American broadcast news too have caught interest in the sensational action of the Economic Crimes Division against Jon Johansen (16). Today ABC News is in Vestfold to interview the Norwegian computer genius.

    The feature is planned to air on World News Tonight, (comparison with a Norwegian show), aired across the entire USA.

    "We want to meet him at his school to shoot him in the surroundings there, and at home in front of the computer, where we will interview him about his view on things. Of course we will link this to the current trials in the US, where the film industry want to remove links to Johansen's program", says Norwegian Svien Mikkelsen of ABC News.

    "Could be something big"

    "We will also interview Jon Bing, and perhaps someone from the Economic Crimes Division. Currently we are the first of the major networks with this news", Mikkelsen says.

    He works at the London office of ABC, and was the one to bring the matter to the attention of the editors in New York from the Norwegian media.

    "This could be something big, even if computer news are traditionally seen more as fringe stuff. It's also possible for the feature to air in the weekend edition", Mikkelsen says.

    It was on Monday the Economic Crimes Division raided the home of Johansen, after the americam film giants has reported him for crimes against penal and copyright law. They claim that Johansen has cracked codes on DVD movies and constructed a program which can be used for unlawful copying of movies.

    Johanses claims that the purpose of the program is to allow playing DVD movies on PCs with the Linux operating system, and that it's both lawful and (user friendly | beneficial to users).

    Not Alone

    In the wake of the enormous attention this matter has recieved it has also been brought forth that Jon Johansen didn't perform the actual cracking. But he informed Verldens Gang of that himself in an interview in November last year:

    "It is annoying that the media prints "15-year-old cracks code". I didn't do this alone, but in cooperation with others, a Dutch and a German. You're not getting the names, but we call ourselves MoRE," Jon said that time.

    The German is alleged to have performed the actual cracking, and constructed the DeCSS program that Johansen put on his home page.

  • As I understand it, you can watch that illegally copied DVD with a licensed Windows player which has its own CSS authentication method. Thus, you have successfully pirated a DVD which is perfectly playable, without decrypting anything (until final playback, using DVD Forum approved software).

    You mean, you think that you can play a completly encrypted video file, with no keys whatsoever? Windows players use the keys on the Key tracks to decrypt the video. no key tracks, no video. I cant' belive this got marked as informative.

    [ c h a d o k e r e ] [iastate.edu]
  • Sorry, I thought the person I was replying to was talking about Jon, not Mitnik. Revise my earlier statement. It just goes to show one should be careful in using pronouns here: make sure all pronoun references are resolved within the context of the current post.


    In regards to Mitnik: my thoughts are best summed with a quote from Heavy Metal:

    Hanging's too good for him! Burning's too good for him! HE OUGHT TO BE TORN INTO LITTLE BITTY PIECES AND BURIED ALIVE!

  • I live on the East Coast and just watched World News Tonight in its entirety. A whole lot of Clinton this, New Hampshire that, and Gonzalez the other thing... but no J.J. It's as if ABC News has mysteriously discovered a world outside of software development...!?



    This is my opinion and my opinion only. Incidentally, IANAL.
  • I am ofcourse not asking the minister of culture or the ministry to overrule Økokrim, but I would like for the minister of culture to tell the parliament if she is going to initiate a review of the laws related to Internet and modern entertainment industry, to see if the laws that ensure freedom of speech and democracy are strong
    enough, and to see if the current application of these laws is sufficient in this context.

    Until now, the Internet has been very democratic, but the forces that want to put the Internet under
    strong commercial control and traditional power structures are strong, and this has to be avoided.


    Wow, I didn't know there were /. readers in your parliament.

    ..to initiate a review of the laws related to Internet and modern entertainment industry,..

    I would love to see a movement in the U.S. to do this very thing. I'd also like to see the public get involved. You find very few people in the general public who are sympathetic to the legislative needs of big business, esp. media/entertainment companies, outside of Congress that is.
  • Wrong motion. Your link points to a 1/10 motion to seal. The motion to seal that was heard yesterday was with regard to the Hoy declaration which was a plaintiff affadavit.

    Anomalous: inconsistent with or deviating from what is usual, normal, or expected
  • Now that I've just had a half hour of my life turned into mush, I would like to thank Slashdot. Even when they're completely wrong, the community is more informative and interesting then Tom B.

    Of course, the Simpsons are more informative than ABC news, so I'm not saying much...

    -----
    Want to reply? Don't know HTML? No problem. [virtualsurreality.com]

  • DeCSS makes it much easier than what? Capturing the video stream, encoding that and sending it out (or recording it onto another medium)? It's hard to imagine it getting much easier than that. Perhaps I should have said it DeCSS doesn't make perfect copies of DVDs feasible, and imperfect copies were already possible through other means.


    Do you honestly think that DeCSS is going to stimulate piracy significantly? If so, how? Why would someone who didn't copy DVDs before suddenly decide to start just because DeCSS came out? Honestly, that doesn't make any sense to me. How can you advocate outlawing a technology (DeCSS) because it provides one more way for people to do something they could already have done using other means? And what of the original claim that piracy will be what DeCSS "will really be used for"? How do you support that?


    -r

  • I think the issue here is not whether or not it IS legal, but whether or not it SHOULD be legal

    You have that luxury; you are not on trial for your liberty.

    Since juries can judge laws as well as facts [fija.org] of a case, it may well be relevant to consider what the law should be, as well as what it is.

    If I were on trial under a bad law here in Maryland, I might well try to point out to the jury that the state constitution [state.md.us] declares them "Judges of Law, as well as of fact" and argue why the law is bad.

  • Doesn't anyone remember when some movies distributed on VHS were passed through "scramblers" that made it near impossible to copy a VHS tape from a VCR to another VCR?

    It's called Macrovision [repairfaq.org] and it's still in use today --- a nastier version is in use in DVDs. As for the 'descramblers' they are still around, check at SIMA [simacorp.com].
    ---

  • by kramer ( 19951 ) on Thursday January 27, 2000 @03:02AM (#1331809) Homepage
    Jon needs to put the source code up on his monitor in the background while they're talking to him.

    How secret could it be if several million people get it beamed to their TV's with the evening news?
  • I got the same thing. They didn't even mention it for tomorrow's broadcast.

    Methinks they may have pulled the story. In a way that's a good thing, because ABC/diz-nee are afraid that the truth will hurt them.
  • by kramer ( 19951 ) on Thursday January 27, 2000 @03:04AM (#1331819) Homepage
    Who owns ABC?

    Disney owns ABC. If I'm not misaken they're a member of the DVD consortium. Doesn't mean they won't do an unbiased interview -- MSNBC has had some pretty fair reporting on the Microsoft antitrust case.
  • by delmoi ( 26744 ) on Thursday January 27, 2000 @07:41AM (#1331820) Homepage
    Are you saying it's impractical to copy a DVD video file? Have you ever used DeCSS? It's a Windows program!! the only way to use DeCSS to watch a movie in Linux would be to copy the file to your hard drive and then reboot.

    css-auth is what lets you play DVDs in Linux right off the disk, and is a derivative of DeCSS (or at least uses the same ideas).

    Really, the amount of doublethink on this board is shocking. We all know why DeCSS was made, and yet we persist in believing what we want.

    [ c h a d o k e r e ] [iastate.edu]
  • http://www.ntia.doc.gov/ntiahome/occ/dmca/dmcajuly 27.htm Please view the comments to the dmca. It raises the issues that will be fought over in this injunction. special interest should go to the comments of Time Warner
  • So about a year ago, I bought a combination lock to stick on my school locker. However, it is a nifty plaything...when people stop by my office and wait for me to see them, they often pick up the lock (which I'm not using) and play with it.

    Anyway, what I'm scared of is, about four months ago, I took it apart and started tinkering with it. Really neat! (Ever since junior high, I've always wondered how they worked.) I bet I could buy some more locks and study them and become a decent locksmith or safecracker.

    This is illegal, isn't it? I'm gonna go to jail for it, anen't I? If they can arrest that nice kid in Norway for tinkering with his DVDs, then I'm toast! OH GOD I DONT WANNA GO TO JAIL!!!

    ~svoboda

  • by Anonymous Coward
    I've lately come to think that it might be a good idea to do some kind of a 'the rest of the world vs. the US' class action suit, since it seems that that's where most of these bogosities come from.
  • It makes one cringe to think what ABC COULD do with this story. We will get some suit from the MPAA saying that this PIRACY is illegal and has to be stopped to protect the consumer. That unfortunately they've had to prosecute to protect us all. I expect we will also see come close ups of warez sites on someone's monitor. Heavy on the patronizing, oh-so-holy tones.

    Will they get any choice comments from the EFF for their piece? Maybe showing a DVD playing under Linux? How about someone saying that watching a DVD you bought with the player you want is not piracy? We can only hope.

    Maybe I'll even turn the TV on, if indeed they are actually going to run this story.

    kabloie

  • Sony? Oh yeah, Sony sure does wish that they could do business this way. In fact, when a small company came out with a software emulator for their Playstation disks (far more profitable for Sony than mini-disks currently are), called Bleem! [207.71.8.31], Sony tried similar legal thug tactics to destroy it.

    The judge, of course, would have none of it, which is why you can now buy Bleem! in your local Babbage's.

    Oh, and lest you think there was something wrong with Sony's initial patent, there wasn't. They managed to successfully shut down Virtual Game Station (by a different company, for the Mac) because they used patent information. Not that patents apply to DVDs, since DVD CCA was more worried about illegal piracy than legal emulation, they didn't patent it but relied on keeping it a trade secret. You see, people can get in to look at patents, like Tengen did with Nintendo's patents so they could make NES cartridges. Tengen were eventually stopped because they had stolen Nintendo's patents, but they couldn't have been if they had "clean room" reverse engineered the cartridges. Then they could merrily have gone on making NES cartridges, while sticking their tongues out at Nintendo's lawyers. Trade secrets, however, aren't as well protected by the law:

    Trade secret laws protect any valuable secret information, such as a formula, pattern, process, program, recipe, or compilation of data (including customer lists), which gives one a competative advantage in business over those who do not know the secret. Trade secret protection is available automatically for any information used in business which is maintained in secrecy, and lasts for as long as the secret's owner prevents the information from becoming common knowledge. --
    I should note that now DeCSS is common knowledge, but I'm not even sure how strong a protection this would've allowed in any event.

  • Your right in that the MPAA isn't going to stop Taiwan pirates with CSS, and they never have had any intention, as far as I can see.

    What they wanted to stop was your 15 year old warez puppies from posting VOBs in IRC. Think about it, Do you 'pay' for your illicit MP3s? What the MPAA is trying to do here is stop people from sharing with there friends perfect digital copies. The net only requires one original to get passed all over the world (there was most likely only one copy of the matrix originally leaked as VCD, but thousands of people have it)

    If one warez person can make a copy and pass it to his friends, then there will be no stopping it. Just like DeCSS itself.

    This isn't to say that I agree with the strong-arm tactics of the MPAA, In any way. In fact it makes me very angry. But I do understand why they are afraid

    [ c h a d o k e r e ] [iastate.edu]
  • ABC is owned by Disney, isn't it? Uh oh...
    I haven't had time in the last days to read what abcnews.com had to report on this case, and specially what kind of spin they put on it. Can anybody who has read their coverage give an opinion? How biased/clueless was it?

  • ...if any of these clueless journalists will somehow manage to work the DeCSS source into their broadcast.

    Wouldn't that be hilarious?

    (camera slowly scans over the source)
    Concerned Reporter's Voice: ...and this unreadable code is what caused the whole mess. If entered into a computer it can be used to copy DVDs...
  • CNN's article on Jon and the DVD issue is actually pretty good. They actually make the point that this case is *not* about piracy, but about playback control.

    The URL:http://www.cnn.com/2000/TECH/ptech/01/25/dvd.c harge/index.html

    It's one of the better articles on the matter by mainstream press right now - if you need to direct a PHB towards an article to correct any generalizations or alterations they may make on a personal basis about this case (because they don't understand the big picture from the small painting they're seeing from other media sources) then this CNN article is pretty good...


  • by Anonymous Coward on Thursday January 27, 2000 @08:05AM (#1331843)
    I've only seen one person here claim that, and he's been soundly hooted at.

    What people have claimed is that fair use of DVD is the same as fair use of any other copyright material. That there is nothing special about it just *because* it is DVD, rather than, say, VHS. The claim is that you have no MORE rights in purchasing a DVD, but no LESS either!

    I could sell you a book, but I've written it in code. I'll sell you a secret decoder ring as well.

    If you can read the book *without* buying the secret decoder ring I can't stop you.

    Noone here, ( with the one exception as noted above), is saying that you should be able to decode it, print decoded copies and sell them, but fair use gives you the right to read it if you are capable.

    The only fly in the ointment with regard to DVD is the secret decoder ring. The DVD CCA's position is that they are the only people in the world allowed to hand out decoder rings. That's the only issue at stake here.

    Note also that noone, *not even the DVD CCA* has made any charges that *possession* of the secret decoder ring is illegal, only distributing it.

    Think about that one for a minute.

    To make the issue a little LESS clear, what if I published a book in electronic form, but in Swahili knowing that most of the people in the world can't read Swahili? I'll also sell you a piece of software that perfectly translates the book into English. Note that I *havn't* placed you under any license. I have SOLD you the book, you have all the legal rights that book that ownership grants you.

    Is it illegal for you to read it in Swahili? How about this, is it illegal to *read it to someone else in English?* Is it illegal to write your own program to translate it?

    The only difference between this situation and the DVD issue is that CSS is made up language. How does that change the legal situation above?

    How about this analogy. I sell you a book, only I've locked it in a safe. The physical book is now your property and so is the safe *BUT,* I'll only sell you the combination for an extra fee?


    Are you legally allowed to read the book? If not, why not? Are you legally allowed to crack the combination? Disassemble the lock and see how it works, bearing in mind that the builder willfully and by choice declined to patent the mechinism? Can you then tell your friend how the lock works? If not, why not?

    Despite what some people have insinuated here, or even claimed outright, you do *NOT* have license rights that are in any way analogous to software license rights with regards to the *contents* of a DVD, that is, the movie itself. The DVD CCA has not claimed this, and you'll find that your printed restrictions are *identical* to those you'll find on a VHS tape. Your rights under these restrictions are perfectly well defined under law and are the SAME as those for a VHS tape. The only license issue here is the descrambling code. That is a trade secret.

    Here's another famous trade secret, the formula for Coca-Cola. But wait, did you know that many companies have analized Coke and you can buy chemically identical brands of cola right off the shelf? If you *don't* know this it's because Coke dosn't want you to know * and can't do anything about it.* They have NO legal protection from people doing this. Is DeCSS different? If so, why?

    Noone here is suggesting contravening those laws. They are suggesting that you have the same rights to view and copy a DVD that you do a VHS tape and that that right is already spelled out by law. That's all.

    Note that not even the DVD CCA has *ever* claimed you don't have the right to make copies of a DVD you have purchased! Why not? Becasue they know darn well the law says you DO!

    Interesting that, isn't it? I could walk right into the courthouse with a DVD I could prove I owned, copy it right in front of the DVD CCA lawyers, and walk out. They couldn't do a damn thing.

    If, instead of walking out, I then *gave* that copy to someone in the gallery I'd be in deep doo doo. THAT is illegal. That is pirating. *Not making the copy!*

    How could I make a copy? Well, I could spend several thousand dollars and buy a commercial quality press, off the shelf. Perfectly legal.

    I could do somthing a lot easier though. How about this. I get a legal copy of a DVD software decoder, install it in my Windows partition, and rip the decrypted files to my hd or a VHS tape. The DVD CCA still can't do a thing about it because I STILL havn't broken any law.

    Ok, let's go to one further layer of abstraction. I've got my computer with a DVD drive, I've got my DVD, I've got a legal software decoder, only NOW I use LiVid with CSS-auth on my Linux partition to rip the file. Have I done anything wrong? If so, why? I'll bet this one would make the DVD CCA lawyers squirm a bit, but STILL not give them grounds to touch me.

    If I was allowed to crack the lock on the safe with the book in it, why can't I just crack the lock on the DVD and skip purchasing the licensed software decoder?

    That's the only issue at debate here. Not whether I have right to "use it however I want."




  • If your line of reasoning were valid, all manufacturers of kitchen knives would have to be put behind bars since their product can be used for murder.

    No dear AC, just because DeCSS *can* be used for bad purposes doesn't mean that it is bad in itself. Owners of Linux, *BSD and other free O/Ss need DeCSS in order to play the DVDs which they have purchased, and that's all there is to it. If other people want to use the same product for other questionable purposes then go and molest them, not those who merely want to watch their own DVDs on their own computers.
  • I was thinking of something more like recording a DVD directly onto VHS, but your point is well taken; DeCSS lowers the barrier to distributing ripped DVDs over the network. However, the fact remains that anyone who wants to build a DVD player needs a way of decrypting DVDs. If DeCSS is squashed, then the legal precedent so set will ensure that nobody will ever try to reverse-engineer CSS again, and the door will forever be shut on independent DVD players. Thus, I still think it ludicrous to say that ripping DVDs is the primary use of DeCSS.


    Let me be clear. Giving control over DVD to an oligopoly (for that's what the DVD consortium is) will allow them basically to destroy fair use rights for any information distributed by DVD. We cannot afford to allow free use rights to wither and die, not even for something as trivial as the crap that Hollywood turns out. If we allow it here we set a precedent that will open the door to ending fair use rights everywhere. In my mind, to overcome the evil of allowing CSS to remain closed the consortium must show that an evil of equal or greater magnitude would result from allowing DeCSS to open it up. In particular, I would like to see some proof that DVD sales have dropped measurably since the release of DeCSS. If they have not, then I have to conclude that the piracy that DeCSS has enabled is not significant, certainly not a threat to the industry, and, therefore, not a valid excuse to allow the consortium to maintain its stranglehold on the format.


    -r

  • I don't think DeCSS should die, quite the contrary. However, I don't think that its sole purpose was to aid in the creation of Livid. If it was, why not just make css-auth first?

    It just pisses me off that so many uninformed morons are posting here 90% of whom don't even know what DeCSS even does!

    [ c h a d o k e r e ] [iastate.edu]
  • by FreeUser ( 11483 ) on Thursday January 27, 2000 @10:54AM (#1331855)
    As I understand it, you can watch that illegally copied DVD with a licensed Windows player which has its own CSS authentication method. Thus, you have successfully pirated a DVD which is perfectly playable, without decrypting anything (until final playback, using DVD Forum approved software).

    Then of course, there are the big-time commercial pirates, who make bit for bit copies en mass without ever decrypting the disk, and sell them to consumers who have no trouble playing them in their DVD Forum Approved players.

    CSS is not about preventing piracy, it is about preventing playability, and hence open competition. The DVD Forum is interested in maintaining an illegal monopoly, nothing more.
  • by Yardley ( 135408 ) on Thursday January 27, 2000 @03:08AM (#1331859) Homepage
    From CNET:
    A digital rights licensing group seeking to ban the controversial DVD decryption program known as DeCSS has shut down yet another potential distributor: a California state courthouse.

    Read the full article here. [cnet.com]

    My favorite quote: "If they didn't file it under seal, they could be seen to have given up the their (trade secret) rights."

    Gosh, I hope so!
  • The guy KNOWINGLY breaks the law, and you guys all worship him?
    It's not at all clear that he broke the law, and I hardly worship him.

    But there are certainly people I respect who have broken the law. In fact, given the scope of the law these days, I don't think I know anyone who's not a criminal - from the underage drinkers to the pot smokers to the CD tapers to the unauthorized software copiers to the sex criminals (take a look at some of the state laws), I doubt there's anyone in this country over the age of 18 who hasn't broken at least one federal, state, or local ordinance.

    Then, of course, you've got your famous lawbreakers like MLK and Gandhi...there's nothing sacred about the law, or necessarily immoral in breaking it. Those who think otherwise would have made fine fugitive-slave catchers.

    The companies who bring you DVDs are entirely within their rights to license them however they wish.
    No, they are not. They could not, for example, choose to licence their DVDs only for viewing by blond-haired Christians on Tuesday nights when the moon is waning, and expect the state to enforce their claims.

    Intellectual property is an artificial creation of the state meant to promote progress in the arts and sciences. When it becomes destructive of those ends - when it prevents the spread of ideas rather then encouraging their development - no rights, legal or ethical, apply.

    Question - how woul dYOU like it if big companies ignored the GPL because they felt like it?
    So long as the rest of us were also free to ignore all claims of copyright or restricted licence, fine by me. The GPL is made for a world where copyright and licencing are used to restrict our freedom to use and modify software - remove that impediment, and there's no more need for the GPL.
  • Oooh! Nice troll! Except for the minor fact that DeCSS was distributed in *SOURCE* form. Go back to your bosses in Hollywood, Mr. Astroturf.

    hrm... The copy of DeCSS I got of signal_11's mirror contains 4 files. a readme, an exe, and two DLLs: one for win9x, and one for win2k. No source here (and its not in the readme, I checked). AFAIK, DeCSS was orgionaly posted as binary, then source (under GPL).

    But it dosn't matter. You still can't use a windows program in linux, even if it is in source form, Idiot.

    [ c h a d o k e r e ] [iastate.edu]
  • As communities bestow right, they also convey responsibilities. In the United States, we have invested enourmous social resources in our schools, information infrastructure, etc. to create a workforce of knowledge workers who create valuable content in many forms that has improved the lives of people in this country and others around the world. Hacker individuals and hacker states undermines these social investments when Jon Johanson or the Peoples Republic of China attack the technological instruments which protect the right of workers to benefit from the content they create we all suffer. What hacker individuals and nations do in the global economy is promote a race to bottom: in values as well as in prices. Standards means not only protecting the labor of knowledge workers and content creators, but ensuring that protecting te environment and the welfare of children has a place in the global economy. Free riders in the global economy undermine these standards. Like polluting plants or shoe-factories filled with children, pirated DVDs undermine the efforts of everyone who plays by the rules. Freedom on the Internet and in community does not rest in the maximization of personal automony, but rather in the creation of communities that can address the shared needs, hopes, and aspirations of groups of individuals. If we care about poverty and inequality, a culture of hacking, a philosophy of negative freedom and excemption from communal responsibility will not get us where we want to go today. Dilly.
  • ...so I can post it on the net :) Seriously, I want to see it, and I might be doing the news when it's on (we tape our 11pm news :) so I have to tape it.

    Moderate down if you wish, but this was meant to be OT and slightly humorous. I already have negative karma, so it won't really hurt. :)
    _______
    Scott Jones
    Newscast Director / ABC19 WKPT
    Game Show Fan / C64 Coder
  • without css-auth.h, you know that right?

    But it dosn't matter, The program was initaly a windows program. Just beacuse I dissagree with the 'comon knowlage' dosn't mean I'm a troll. I think what the MPAA is trying to is a bad thing, and I hope they fail. But you braindead idiots arn't helping anything

    [ c h a d o k e r e ] [iastate.edu]
  • I believe that Jon is going to have to be extremely careful what he says on camera.

    Right now I would seem that the media could hinge either way although they are always more inclined to go in the direction of the scandal (which at the moment is in the 'prosecution' favour)

    What I would say at the moment (and Jon, if you are reading) take care and think very carefully about what you say before you say it....

    BTW Good luck to Jon with becoming a TV celeb!
  • Hahahaha!!
    Too bad everyone already has the DeCSS code. Not only that, but DVD's were being pirated the before DeCSS even came out. How you ask? It's really quite easy with a DVD player that has analoge outputs anda video capture card. These people don't seem to understand the fact that they already lost;

    DVD's and everything else they ever release will always be pirated
    Since all we want is to watch their movies on our Linux box, it is imperative that we villanize these scapegoat-hungry purveyors of digital media. Tell your friends, tell your family, tell TIME magazine, tell anyone who will listen! A teenager's life is at stake.
  • I'm aware of the distinction. I was also writing the words of hypothetical journalist so dumb that he broadcasts the source not knowing that it can be loaded into a computer by hand.
  • I could sell you a book, but I've written it in code. I'll sell you a secret decoder ring as well.

    If you can read the book *without* buying the secret decoder ring I can't stop you.

    But look at the DMCA again. If I figure out a way to build my own secret decoder ring, and I make it available to the public, I've broken the law (the DMCA). I've provided to the public a device whose primary purpose is to defeat the technological protection of a copyrighted work.

    Everyone should go read the transcript of the New York injunction hearing. I found it very enlightening... and it made me realize just what the DMCA is going to look like in practice. What I consider "fair use", and what the law now allows, are diverging.

    --

  • by jd ( 1658 ) <imipakNO@SPAMyahoo.com> on Thursday January 27, 2000 @03:25AM (#1331901) Homepage Journal
    Journalists don't -always- go with the owner's bias. In fact, sometimes, when the journalist (and producer) feel -really- passionate about something, don't expect them to pull punches, even if it seriously comes back to hurt them, via the chain of command.

    On the other hand, don't expect journalists to be honest, impartial witnesses. That's what they are =SUPPOSED= to be, but "supposed to" and "are" are very different. (For a start, "are" is much shorter. :)

    Those from the UK might remember Martin Bell, the former war correspondant for the BBC, how he got involved in the Bosnian/Serb conflict by rescuing an orphan from the horrors, and how he later trounced Neil Hamilton, a conservative MP, over parliamentary abuse & gross misconduct. Such people are rare, but they do exist.

    We should NOT be hasty and prejudge the ABC crew as dishonest or slaves to the paymaster. Nor should we assume they are saints, out to save the day from the Evil Media Empire. They're human, and like any human, will respond to their own sets of values AT THE TIME. We would be treating them with no more respect than the police treated Jon Johanson if we were to believe otherwise. We aren't in their minds. We don't know what angle the producer wants. We don't know what the journalists know or think they know. We don't know how they'll react when they get there. We don't know ANYTHING. And from that, some posters here can magically deduce, from thin air, exactly what the story'll be like? Give -them- a break!

    Now, if the story is factually wrong, demonises innocent people, and/or goes on a witch-hunt, feel free to throw boiling oil. Here, have a lit brand to start the fires. ---*. But, if -we- are to have any integrity, that should apply even if the witch-hunt is against media moguls. If a person is innocent, they're innocent, and it doesn't matter what "side" of the fence they're on.

  • The decoder is patented.

    Interesting. A search for "Digital video disk" at the USPTO [uspto.gov] turned up Patent 5,883,958 [uspto.gov].

    However this patent does not describe the CSS scrambling algorithm itself. It only talks about the key management system surrounding it, and gives DES as an example of a scrambling algorithm that could be used for the data. This sill allows them to use another trade-secret algorithm, which is what they did.

    Possibly the best thing to do at this point is to repeat the reverse engineering of CSS while paying careful attention to the trade secret and RE laws. Then publish that, along with a trail of evidence to show how the RE was done. However there is no getting around the fact that DeCSS, or any similar program, will still be in violation of this patent.

    Paul.

  • Everyone should go read the transcript of the New York injunction hearing. I found it very enlightening... and it made me realize just what the DMCA is going to look like in practice. What I consider "fair use", and what the law now allows, are diverging.

    I'm no lawyer...but I don't think the DMCA invalidates Fair Use...and I'm pretty sure the courts will ensure that that is the case, notwithstanding the N.Y. judge's apparent distaste for consumer rights.

    New XFMail home page [slappy.org]

  • With all the mega-mergers in the entertainment world it is a definate concern over fair reporting.

    Disney does own ABC, but who owns NBC, CBS, UPN, etc..

    The AOL-TIME/WARNER and now EMI mergers includes CNN. How is that going to effect real indepth coverage on the whole DVD issue.

    I think we have two issues going on here
    1) Reverse engineering/Trade Secrets
    2) Fair Use/Copywrite/Digital Millenium Act use of DVD products

    I hope the rest of the consumers get the word of what the usage restrictions for DVD really are for the home units. Can you imagine what people will think when they find out they can't leave a movie at grandma's house so she can watch it?


  • Hacking what Jon has done so that one can copy DVD's on home equipment is completely impractical.

    I hope that the defense does not try to make any arguments along those lines, because it will totally get blown away.

    Sequential media (i.e. tape) is down to around the same cost as DVD movies (a little over $2 per gigabyte) now. It is already practical (in terms of dollars) to do it if you don't mind a somewhat cheezy solution which lacks the advantages of random access. Considering that VHS still isn't dead yet, I think sequential media is good enough for most movie viewing purposes.

    And that's just today. The cost per gigabyte keep falling. 5 years ago, 100M Zip/Syquest drives were "cool". $15 for 100M disk = $150 per Gig. Nowdays you can get removable random access storage at about one tenth that price, using an Orb drive [castlewood.com]. 30 Gig removable disks (enough to hold 6 movies) for $20 apiece is totally conceivable within 5 years. That's just how things go.

    Please don't try the impracticality argument. It will just give The Enemy a free strawman victory.


    ---
  • by Per Abrahamsen ( 1397 ) on Thursday January 27, 2000 @03:36AM (#1331929) Homepage
    There is a petition [linpro.no] against the treatment received by Jon Johansen in Norway. Read it and sign it.
  • Dude, like the cost of DAT tapes when DAT came out, blank DVD discs cost so much that it is better to just buy the DVD movie instead of copy it.

    Hacking what Jon has done so that one can copy DVD's on home equipment is completely impractical. The place where DVD's would be illegally copied, would be on larger industrial equipment which do not have the CSS hurdle to begin with and therefore don't need Jon's code.

    We are most definetely not lying to ourselves!
  • You're deeply wrong. First because not only The United States of America has done something on computers. Second because the main issue is not piracy but monopoly. And is not a problem of freelancers running wild but copyright owners getting nuts. And sincerly you "community-awarness" reminds something we call in Russia "sovki", people with a deep lack of individual awarness and with a full nostalgy of old Soviet times. As you, they consider that a community responsability shall overcome an individual's interests. As you they consider that community may address common goals by subsizing personal autonomy.

    The result is well known. The Law of the Crowd. Anyone who tries to rise up will be pushed down by the members of the community. That is what Soviet Union has come into: great ideals and a huge social swamp. For a US patriot it is rather interesting to read you...

  • Reporters and journalists for the popular media can't handle long sentences, nor anything technical, so Jon and the EFF lawyers really need to nail down two or three simple quotable statements otherwise the facts will not survive the editorial process. They need to say:

    DVD piracy already existed in the far east long before DeCSS. DeCSS has nothing to do with that.

    DeCSS was developed to allow the rightful owners of DVDs to play them on their Linux and BSD systems. Look, here is my Linux computer: it has a DVD drive built in, and here is a DVD that I bought, yet the MPAA deny me the right to play my DVD in my computer. That's wrong, and DeCSS overcomes that wrong.
  • by IIH ( 33751 ) on Thursday January 27, 2000 @03:44AM (#1331954)
    Viewers, welcome to tonights show, and first let me summarise what this case is about:
    * Behold legally bought PC: (point to PC, and wave receipt)
    * Behold legally bought DVD Player: (point to player, and wave receipt)
    * Behold legally bought Operating system (point to (say) redhat box, and wave receipt)
    * Behold legally bought DVD: (point to DVD, and wave receipt)

    (wave court order) This is an attempt to stop a person playing a legally bought DVD on a legally bought player using a legally bought operating system on a legally bought computer.

    The alleged crime? Theft. Apperently some people wish it to be a crime to use your *own* equipment to play your *own* DVD, without "permission". I ask the viewers to consider which party that the "theft" tag is more appropiate to: A person trying to play legally bought DVD on his system, or, the company that's trying to stop people playing that same legal DVD.

    This is the self same company that requires players to have built-in incompatibilties between DVD's. There may be those of you that remember getting videos from the USA, and paying money to convert them to european format. It was "one of those things" you said, different standards grew up. How annoyed would you be if when a new standard came out, with a chance to fix all that, those self same problems were deliberitly included. Forget about getting a gift of a DVD from your aunt in the states - to have the "priveledge" of viewing your birthday present, you'd have to pay more money to do so. And this is the company that call playing your own movies "theft"? "Physician, heal thyself."

    IMO, this case is not about pirating, as the water muddiers would like you to believe. It's simply about control, money, and power. Some people want to control what you watch, charge you dearly for the priviledge, and take children to court if you don't like it. That sounds more like Long John Silver tatics than a move to "combat piracy".

    This case is alleged to be a breech of copyright laws, but the plaintiffs seem to have forgotten the spirit as well as the words of that law. One of the things copyright law allows, no, actually *protects* is "fair use". Is playing a DVD on your own system "fair use"? I leave that up to our viewers to decide.

    This is, A.N. Other, signing off.

    --
  • by Anonymous Coward
    Disney (which owns ABC and is involved in the federal suit against 2600) almost certainly wants to spin this, so they have a motive to send a crew over there for the express purpose of an anti-DeCSS propaganda piece. Some journalists might be honest enough to cover this fairly, but we can expect the corporate office to send a crew out there with very specific instructions. If the crew doesn't deliver, the piece won't get run. I expect Jack Valenti or someone else at the MPAA suggested this in the first place. Don't get your hopes up. Maybe we can't prejudge the journalists, but we can pretty much prejudge Disney and the MPAA.
  • I think Jon knows very well what he is doing, so
    I'm sure he will do his part to try to get the
    right impression.

    FYI, after the initial flurry, the norwegain press
    has reported a surprisingly balanced view. If
    there is a bias, my impression is that might be
    tending to be pro-Jon.

    Major newspapers have even begun to bring quite decent what-is-hackerdom type of articles.

    Jon has also used the Linux-connection, and it
    seems the press is really starting to grasp it.
  • But I have to say this..

    From the C|net article [cnet.com]:
    "Court papers are generally considered public documents, available to anyone for the asking."

    Isn't the LiViD code under the GPL? Doesn't this make it qualify as a public document, as anyone who asks can get the source? I just don't understand the crazy US legal system :-)
    ---
  • Conceeded. Patent 5,917,914 appears to describe the scrambling algorithm. At least, it describes a scrambling algorithm. I haven't checked to see if it is the converse to DeCSS.

    Assuming that this algorithm is the real CSS one, then trade secret protection does not apply to it, and DeCSS can be distributed as long as it does not include any secret keys, and of course subject to any relevant patent laws.

    BTW, IANAL.

    Paul.

  • Copyright law protects "fair use". Is playing your own DVD's fair use?
    --
  • Yesterday when I browsed thru the norwegian copyright laws, I noticed that one is allowed to do whatever it takes in order to get access to a database that one owns or has licensed.

    So if the judge can be convinced that a DVD is just a pile of data and therefore the equivalence of a database, Jon should be pretty safe.


    Mmm ... Would this work in the US as well?



    mvh // Jens M Andreasen





    Disclaimer: I am not a lawyer, nor do I pretend to be one.
  • You're quite right to have misgivings about how the programme is going to portray Jon. The media cares only about sensationalism, never about truth (unless it's sensational).

    So, let's give them something at least slightly sensational: the fact that thousands of respected people around the globe are up in arms about the action of the MPAA and the consequent unfair treatment of Jon. Signing up to the PETITION [linpro.no] will help there immensely, because even the old TV media types are aware of the power of the Internet as a competing medium, and you can bet your life that they'll be looking at the signature count to add a factoid to their piece.
  • by hoss10 ( 108367 ) on Thursday January 27, 2000 @04:05AM (#1331988)
    I hope whoever does the article reads the Journalists Fact Sheet [opendvd.org] before doing the interview.

    And also, the many court cases showing that the development/distribution/use of DeCCS is completely legal due to (among other laws/precedents) the Millenium Copyright Act.Do you remember the TV industry trying to sue Sony because they used their videos (Betamax specifically) to record programmes for future viewing.

  • Obviously your pretending to be a lawyer (though maybe you are).
    Anyways its not exactly clear weither such controls are perfectly legal, as they violate a consumers right to free use. But we will all have to wait and let the courts battle it out.
  • by steve_bryan ( 2671 ) on Thursday January 27, 2000 @04:51AM (#1331997)
    For the learning disabled among us (yes, I am tired of attempting to be entirely civil) here is a very brief quote from the document "Licensing Requirements for the CSS DVD Copy Protection Method" written by a senior counsel at Intel:

    "However, motion picture owners have been
    reluctant to embrace this exciting new medium until reasonable steps to deter casual home
    copying are in place."

    This is what most of us know as fair use, such as transferring from one medium to another (as encouraged by Sony in their ads for MiniDisc). This is not intended, nor is it presented as such, as a means to curtail piracy. The pirates will blithely produce copies with no need or use for DeCSS. DeCSS defeats playback protection.
  • That's a very good suggestion, not only because it's a major point (at least in the USA), but also because the idea of "fair use" is something that everyone relates to, and every use of the term will in effect pose a leading question about the unfairness of the MPAA position.

    However, we shouldn't pose it as a question. That would require the reporters to think, which is always a bad idea. State it directly: playing your own DVD is fair use, which the MPAA are trying to prevent.
  • Who would want to watch an entire movie hunched over a keyboard and/or on a little postage-stamp in the middle of their screen in the first place?
    My kids, in the back seat, during the drive to Phoenix?
  • by Robert Link ( 42853 ) on Thursday January 27, 2000 @04:31AM (#1332004) Homepage
    I am not sure I buy this line of argument. Copyright gives the holder the right to dictate who can or cannot distribute copies, but the rights it gives to dictate how a legally acquired copy is used are very limited. In particular you cannot dictate where or how often people use their (legally acquired) copies. Now, do you really think the lawmakers intended for this law to be circumventable by a mere "license agreement"? If so, then why didn't they just write into the law that copyright holders could place whatever restrictions they wanted on use of their material? I mean, when is it not advantageous for a copyright holder to put extra restrictions in the "license agreement"? Add to that the fact that quite a few legal scholars have expressed doubts about the validity of making a license agreement a precondition to a mass market purchase, and I think you have to agree that this argument is on shaky ground at best.
    Here's a philosophical question for you, based on a real situation. When I was living in Bloomington, IN and shopping for a new car, I found that I could get a much better deal by going to a dealer in Louisville[1]. In other words, Louisville was a "cheap" area for new cars, while Bloomington was an "expensive" area. Suppose the auto manufacturer wanted to force me to buy from the more expensive dealer by forcing me to sign a "license agreement" when I bought the car in Kentucky saying that I would not operate the car in Indiana. Should the manufacturer be allowed to impose this restriction? If so, from whence do you believe they derive the right to tell me where I can or cannot drive a car that I have legally purchased? If not, then how is this situation different from the DVD situation you have described?
    Finally, one more philosophical question. You describe the DVD zone restrictions as "entirely immoral". Even presuming them to be legal, why, then, do you defend them? Time was when people protested laws that were unjust, let alone "entirely immoral". What has happened to us? Have we forgotten that the power of those laws derives from our consent?
    -r
    [1] Note that I am not referring to the difference in state sales tax. Louisville dealers were just cheaper in general, probably owing to having more competition.
  • by Robert Link ( 42853 ) on Thursday January 27, 2000 @04:57AM (#1332005) Homepage
    May I ask where you achieved your great insight that illegal copying is "what [DeCSS] is going to be used for"? This is not at all obvious to me, and given your deeply flawed dictionary analogy (Let's see a show of hands: who has used a dictionary in the last week? Who used it to look up a dirty word? I thought so.) I find it highly suspect. It has been shown again and again that decrypting and copying DVDs for purposes of piracy just isn't feasible right now, and it probably won't be for some time. It is much easier (and cheaper) to intercept the video output and make an analog copy. No, I think the likely first use of DeCSS will be for some electronics company that is not part of the DVD consortium will make a player that ignores zone restrictions.


    Still don't believe me? Let's make a wager. If illegal copies of DVDs increase 5-fold from what they were pre-DeCSS before some company markets a no zone-restriction DVD player (which could be implemented in either hardware or software), then you win. If vice-versa, then I win. Naturally, if DeCSS is squashed by the courts, then the wager is off. What do you say? Do we have a bet?


    -r

  • For Norwegians and the rest of the world who isn't within range of US/Canada...
    http://www.icravetv.com [icravetv.com], then tune to WKBW 7 [icravetv.com].
    ... while you still can (Lawsuit pending [slashdot.org]) ;-)
    ---
  • ABCNews.com already has a handful of pages on this. It seems they're being pretty even about it. Let's wait until they actually air the segment before making rash judgments. http://abcnews.go.com/wire/World/ap20000125_1547.h tml http://abcnews.go.com/wire/World/reuters20000125_2 979.html http://abcnews.go.com/wire/US/ap20000122_894.html HerrGlock
  • by Anonymous Coward

    As you saw, the EFF [eff.org]'s offering legal help. If you think that's worth something, how about skipping over to the EFF site and donating $10 or $20 on your credit card?

    Hey, I did, and I'm just a weasely little Anonymous Coward!

  • Hi all, just found this nice little verse... reminded me of our friend Jon.

    "You may say I'm a hacker
    But I'm not the only one
    I hope someday you'll join us
    And the world will code as one"

    - Daniel, BITEntertainment
  • Ok, how did he break the law? By reverse engineering a trade secret (which is legal, in both Norway and the US)? For your information, Jon didn't write the code, he merely posted it.

    DeCSS does nothing to encourage piracy or help DVD pirates. DVDs have been pirated long since before DeCSS came out.

    Perhaps you should rethink this subject a bit. A cartel/monopoly wants you to only be able to view their media on their terms at extortion like prices and license fees. Someone creates a process by which you can bypass this. Now who's the thief?
  • Am I the only one who sees a conflict of interest here. I don't know how ABC can do a fair story when they are working for disney. This is the problem with the huge media companies. They can control the public opinion.

    I think ABC news is usually very fair. But I don't know about this. I think upper level management might be in on this one. This is just too big for their parent company for them to take the other side.

    So much for fair news reporting

    geach

  • I think the problem with this arguement comes down to who owns the data. You own a copy of the data which you are licensed to view, but not the data itself when it comes to DVD's. The DVD content is STILL owned by the copyright holder.

    It's a legal fine point, but one that is probably sufficient to kill this line of defense.
  • by BinxBolling ( 121740 ) on Thursday January 27, 2000 @05:18AM (#1332028)
    In our reality, the media is all-too-often apt to side with the large corporation. Hackers/Crackers are bad, right?!? Why do we have reason to believe that he'll be cast in something other than negative light?

    You're kidding, right? Television news loves the underdog. And they're happy to trash a large corporation, because it's good for ratings. They'll even compromise journalistic integrity to do so - think of Dateline NBC's coverage of those exploding pickup trucks. A David-Goliath conflict like this one is great for ratings - but it requires that you make David look like the good guy.

    Any coverage of this that puts a human face on the people involved is good for those of us who consider reverse engineering a legitimate activity. It's far better for us if they interview him, give him a name and face, than if they just stick to referring to him as a nameless "hacker". A real 16-year-old boy can't be anywhere near as menacing on camera as the mainstream media's vague concept of a "hacker" is.

    Of course, they can still try to trash him, make him look like a computer criminal, a kindred spirit to Mitnick. But I doubt they will, because Johansen-as-criminal is not likely to sell with the public. He never broke in to anyone's computer, never stole any individual private information (such as credit card numbers). The idea that what he did was wrong will be jarring to most people's intuitive idea of property, which is that you can do whatever the hell you want with the things that are your property.

  • by buss_error ( 142273 ) on Thursday January 27, 2000 @05:24AM (#1332029) Homepage Journal
    If I make a car, and I sell cars, do I have to consider that someone is going to drive drunk?

    Do I have to build the car so a drunk can't start it? What about the guy off in the woods having a few beers, then a heart attack? Now my car won't start, and he dies trying to get to help.

    I'm getting pretty sick of people not wanting to take responsibiliy for thier actions. The "It's not my fault, they made it so I could do it, so it's thier fault!" whine is getting to be pretty common. I tend to beleive that folks have a brain, and that they should use it. Just because something isn't designed to stop you from doing something shouldn't be taken for a sign that it would be a good idea to do that.

    The problem here is that so many forget that we do need to take a look at what we build, and see how it fits into socity. We don't have to build something so there is no possibility that it could ever be mis-used, no matter what. That's insane. It's also impossible.

    No, the important thing isn't that it could be used for illegal things, but that the most common use is for legal purposes.

    I See a Xerox copier used most every day to make copies of protected works. However, almost all of those copies are "FAIR USE". Xerox isn't responsible for the use of one of thier copiers to make illegal copies any more than Jon is responsible if someone used deCSS for an illegal act.

    The question is: Is deCSS more likely to be used as a tool to rip off the copyright holder, or is it a tool more likely to be used to excersize "fair use"?

    Since no one needs deCSS to rip an illegal copy, but they do need deCSS to view a ligitimate copy, I'd say that deCSS is more likely to be used for legal purposes.

  • It's be interesting to see if ABC news is capable of keeping it's journalistic integrity considering the obvious conflict of interest.

    Keep in mind that ABC is owned by Disney and Disney has chosen to leverage it's power repeatedly (i.e. the Sitcom "Ellen" eas cancelled because she is gay on the show and Disney won't stand for that). In this case, Disney being one of the plaintiff (indirectly maybe) we'll see what happens.

    Needless to say I'd feel *slightly* better if NBC or CBS flew over for the interview...
  • by LarsG ( 31008 ) on Thursday January 27, 2000 @05:29AM (#1332037) Journal
    The case was mentioned in "spørretimen" ("question hour") in the Norwegian parliament.

    For the Norwegian speaking, read this. [stortinget.no] Search for DVD.

    Here is a quick translation.


    Erik Solheim (SV): This question is for the Minister of Culture.

    When a 16 year old on a small farm in Vestfold is capable of breaking the codes that the big international industry has made to protect DVD-records, then I believe that most people would consider that it is the big international industry that has a problem.

    I have a very unpleasant feeling that Økokrim has too much time on their hands (don't have enough to do) when they involve themselves in a case like this.

    I am ofcourse not asking the minister of culture or the ministry to overrule Økokrim, but I would like for the minister of culture to tell the parliament if she is going to initiate a review of the laws related to Internet and modern entertainment industry, to see if the laws that ensure freedom of speech and democracy are strong enough, and to see if the current application of these laws is sufficient in this context.

    Until now, the Internet has been very democratic, but the forces that want to put the Internet under
    strong commercial control and traditional power structures are strong, and this has to be avoided.


    Minister Åslaug Marie Haga:

    ...important case ...,

    I am unable to comment on this spesific case as it is being investigated by the police at this point.

    This is generally an important area, which we are currently looking at. And not only in Norway, but also in the EU-system. Work is going on in the European Union to develop a directive that covers how we are going to handle "opphavsrett" (IP ownership, etc) in the information (digital)
    society.

    ....have to balance the needs of IP ownership on one side, and the public on the other side. ....this is international work that we are following closely...


    Erik Solheim:

    We all acknowledge that IP ownership has to be maintained, and that this is a central problem (large, important area).

    But there are three other areas (matters of concern) that are equally important:

    The democratic problem - how to make the technology available and usable for the largest
    number of people.

    It is in the interest of the consumers to avoid unneccesary monopolies in the new markets (areas) of information technology.

    It is also a 3rd world problem - to ensure that this technology is made available to countries outside the core markets of the large industry.

    These concerns have to be considered very important when we determine how much IP should be protected [in the digital world].

    I would like to know when the minister is able to return to the parliament with more information concerning these matters. ....



    Åslaug Marie Haga:

    The area of democracy, publicity (public access?) and availability is one of the conflict areas in the EU directive that is presently under development. .. there are elements that we think will limit public access, the directive is currently protecting the IP owners too much, at the expense of the public. Our task is to find a balance. ...

    I find it natural to address the parliament again concerning these matters when the directive has been hashed out more in the EU system. ... ...


  • IANAL, but it apparently worked for the guy that blew the whistle on the tobacco companies. (see film: The Insider)

    Could Jon go into court and submit the source code to DeCSS in his own defense and therefore make it public record? What if some enterprising congressman could make it part of the congressional record, so that it would be publicly available and uncensorable?

    Again, IANAL, and I'm especially ignorant of Norwegian law, but I would imagine Jon would have an even stronger legal position than the tobacco guy because HE authored the code himself, independently. It's not like he stole secrets from a company, he came up with this on his own.

  • I think you yourself left out more than a word - you missed the whole point of the discussion. I agree that the company acted "legally" when it wrote the encryption system, but that has nothing to do with whether Mr. Johansen acted "illegally" by discovering how it works and telling others. Copyright law is not this either/or see-saw where the question whether it's illegal to read and distribute something turns on the question whether or not it was "illegal" to write it in the first place. Under your logically fallacious formulation, every time some college student quoted from a published work in a term paper, the jury would be marched in to decide whether to ban the quote in the paper, or ban the book it came from. But that's not how it works. If I am accused of illegally copying someone else's work, say a music recording or novel or piece of code, I don't have to prove the damn thing was contraband in the first place in order to defend myself. Instead, I need only prove either (1) that what I created was from my original mind and not a "copy" at all, or (2) that my copying was for "fair use" that did not infringe the right of the creator of the original work. #2 is key here. What Mr. Johansen did is no different from what millions of people do routinely and LEGALLY without a care: making a tape recording from legally purchased CDs so that the music can be played on their car stereo. Say I buy a CD - I have in essence bought a license from the holder(s) of rights in the music to listen to the music on it as much as I want. Now say I have a CD player in my house, but not my car, where I only have a tape deck. I make a tape recording, and presto, now the music I legally bought the right to hear can be heard on a different type of machine. That is exactly what the DeCSS does. Illegal? Unethical? "Cracking?" "Theft?" Harmful and dangerous to the music industry? OF COURSE NOT. Good lord. Mr. Johansen's code, like my tape recorder in my house in relation to music, makes it possible for him (and others) to exercise his legally purchased right to watch a DVD movie using a different machine. It is no more illegal than my tape recorder, nor should it be. These are both clearly fair uses under the law.
  • It'll be good to see David Johansen [roughguides.com] finally get the attention he deserves. He and his band were an inspiration to many, proving once and for all that the guy who is willing to drink his whiskey straight from the bottle *and* wear a dress to work gets laid more than all the rest put together.
  • As near as I can tell from what's happened so far, and from descriptions of the judge's behavior, he is most definitely not on our side. It didn't seem likely that he could be swayed either, no matter how rational an argument the defence puts up.

  • Keep in mind that ABC is owned by Disney and Disney has chosen to leverage it's power repeatedly (i.e. the Sitcom "Ellen" was cancelled because she is gay on the show and Disney won't stand for that).

    Get the story right. Ellen wasn't cancelled because she was gay, Ellen was cancelled because she was boring. The fact that she was gay made the show potentially controversial for some advertisers, but if the ratings were there the show would have stayed.

    Or have you forgotten that our Southern Baptist Convention friends launched a failed boycott of Disney a couple years ago because Disney, quite possibly the world's largest single employer of gay personnel, was one of the first major corporations to extend "domestic partner" benefits? Not to mention that the mouse apparently flexes its muscles on Sixth Avenue soooo much to protect its "family image" that the ever-controversial "NYPD Blue" returned to ABC a couple weeks ago after the show's producers insisted it would only return in its original time slot. Don't kid yourself -- the Disney people are quite skilled at making "good business decisions" -- and bullying their TV network is generally not one of them.

    There is such a thing as "journalistic integrity," and ABC News often exhibits a great deal of it, and the mouse generally gives them a great deal of latitude with it. So let's give them the benefit of the doubt until after we see how the interview goes.







    This is my opinion and my opinion only. Incidentally, IANAL.

  • Also, it's hard to imagine that any of the nations of the world (other than the USA) would construe the region codes as anything other than an obstruction to free trade, unfavorable to themselves. I'm surprised that more haven't followed New Zealand's lead in banning them.

    As others have pointed out, this is probably what the MPAA really fears: loss of legislative protection for their price-fixing technology.

    We should emphasise this aspect of the case in the international media (i.e., internet sites), so that the citizens and legislators of the world will realize that their nations are being econo-fucked by a mercantilist system posturing as an IP protection scheme.

    --
    It's October 6th. Where's W2K? Over the horizon again, eh?
  • Pardon me for asking but what's the "appropriate operating system"? People can't have a choice? Isn't that also known as taking away freedoms? The software 'decoder' has been around for a long time. MPEG2 video isn't something new here genius. It's CSS that prevents you from using a *legal* decoder. It's not MPEG2 that requires an "appropriate operating system". Idiocy - Never Underestimate The Power of Stupid People in Large Groups. (c) www.despair.com The above line says it all.
  • by Anonymous Coward
    Norwegian politicans have responded to the story about Jon Johansen by pointing to a new European Union copyright directive, which apparently is to be approved by the council shortly. The politicians say that this directive goes way beyond what is called for to protect the industry, and if it was up to them, they wouldn't have made the law that extensive. Norwegian lawmakers have extensive experience with copyright law.

    This new directive is bad news for all us Europeans. Unfortunately, Norway is not a proper member of the EU, we're only barely a member of the European common market, so we have no say in how the new directive will be worded, but will just have to incorporate the new directive into Norwegian law.

    All you other Europeans, on the other side, you have a right to vote and can protest to your local politicians, your local members of the European Parliament, your government, etc to change this new directive before it comes into effect!!!

    I think this [bna.com] is the text of the new directive. You might try to do your own searches.

    I'd like to finish my little call for a united european action aganst this new directive with a quote in legalise about the new directive. (Think web-proxies, caches and buffers in routers. Think about copyright costs for ISPs.)

    3. The draft definition includes direct and indirect reproduction, whether permanent or temporary, in any manner or form. The first element in the proposal relates to the terms "direct" and indirect" reproduction. Such a formulation can be found both in Article 7 of the Rental Right Directive and in Article 10 of the Rome Convention. This term means reproducing a work or other protected matter directly onto the same or a different medium. The term "indirect" covers reproductions done via an intermediate stage, for example, the recording of a broadcast which itself has been made on the basis of a phonogram. The provision is also intended to make clear that the right is not affected by the distance between the place where an original work is situated and the place where a copy of it is made. The second element (temporary/permanent) is intended to clarify the fact that in the network environment very different types of reproduction might occur which all constitute acts of reproductions within the meaning of this provision. The result of a reproduction may be a tangible permanent copy, like a book, but it may just as well be a non-visible temporary copy of the work in the working memory of a computer. Both temporary and permanent copies have to be covered by the definition of an act of reproduction, since even temporary reproduction may cause serious economic prejudice to the rightholder.

  • by d_o_g ( 89052 ) on Thursday January 27, 2000 @05:53AM (#1332069)

    We'll have to wait and see what ABC has to say (can they get around the Disney affiliation or not). But I think the MPAA may have just shot themselves in the foot.

    Outside of the US, local media (espcially public media) takes a dim view of American media interests. (Seeing as those interests usually involve drowning out the locals.) Given what I heard last night about Jon's case (on CBC radio) Canadian Public Broadcasting, at least thinks the MPAA has been heavy handed. Of course, they said that Jon was 14, and that DeCSS was "probably illegal", but they did mention that it was for viewing DVDs on Linux, and not originally intended for piracy. As soon as they start to make an issue about how unecomonical DVD piracy actually is the MPAA will probably lose the public's good opinion.

    Looking at the quotes from the Norwegian Parliament, I think the whole issue of "Big American Business Persecuting Local Talent" is starting to hit home. I mean just look at Jon's picture (I don't have a link handy). He's a clean cut kid, hardly the image the public has of a "Dangerous Hacker". He's from "a farm in Vestfold". Now, if he had purple hair and piercings, sadly, the public would hate him. But the public isn't likely to hate a smart, apparently articulate, teenager who hasn't actually caused anyone any harm. They may still think what he did should be outlawed (wrongly in my opinion), but when Big Business tries to put someone who could be your kid in prison - I'd tend to react unfavorably.

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