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Media Your Rights Online

The Argument for Crackable Media 193

rubberbando writes "Wired is running a story about how the US Copyright Office is looking for input about a law that will allow some media to be legally cracked. This is aimed at certain uses such as cracking an ebook so that a blind person can use reading software with it and older software that requires a hardware dongle that no longer works." From the article: "The DMCA forbids cracking of copy-protected or encrypted digital media, with certain exceptions. When the law was passed, Congress mandated the register of copyrights revisit the anti-circumvention section every three years to make sure consumers have proper access to materials they purchased -- even if content creators have them locked down. If the copyright office finds instances where copy protection prevents fair use of the work, then those copy protections can be legally circumvented." We reported on the other side of the coin yesterday.
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The Argument for Crackable Media

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  • Fair Use? (Score:5, Insightful)

    by jarich ( 733129 ) on Saturday October 08, 2005 @05:51PM (#13748256) Homepage Journal
    When the law was passed, Congress mandated the register of copyrights revisit the anti-circumvention section every three years to make sure consumers have proper access to materials they purchased -- even if content creators have them locked down. If the copyright office finds instances where copy protection prevents fair use of the work, then those copy protections can be legally circumvented."

    So... making a backup copy for when my kids destroy the CD/DVD (or when my hard drive crashes) isn't fair use?

    • by crache ( 654516 ) <josh@ c r a c h e.org> on Saturday October 08, 2005 @06:13PM (#13748336) Homepage
      It may be, but it would take an act of congress to make it legal.
      • Re:Fair Use? (Score:5, Interesting)

        by rolfwind ( 528248 ) on Saturday October 08, 2005 @07:23PM (#13748539)
        How is the DMCA even constitutional? It should take more than a act of congress because this rips apart all common sense property rights on which all other rights are based on (oh wait, the Supreme Court just shit on that back in June). If you don't have property rights, like dominos, everything else falls.

        Why shouldn't I be able to read or "bypass" what I own like the 1 and 0s on DVD/CDs/etc? Laws like the DMCA chill me because manufactures can put whatever in their variety of products and if someone tries to look into them they wave the DMCA and say "Ah, ah, don't go their bad boy!" How is the customer even supposed to protect themselves from bad products (faulty engineering, back_doors, worms, etc.) If feels Big_Brotherish. Or like Britain. (I think they had a restriction on reading frequencies not "meant" for you since WW2.)

        If the secrets within products shouldn't be known (or bypassed), don't sell it.
        • Re:Fair Use? (Score:2, Insightful)

          It should take more than a act of congress because this rips apart all common sense property rights on which all other rights are based on (oh wait, the Supreme Court just shit on that back in June).

          Two things here. First, you don't seem to understand the Kelo decision; it's really nothing new, and not a big deal. Second, I disagree that other rights are founded on property rights. Property rights are basically utilitarian in nature, although they developed so organically that this wasn't really discovered
          • Re:Fair Use? (Score:5, Insightful)

            by rolfwind ( 528248 ) on Saturday October 08, 2005 @09:26PM (#13748833)
            "Two things here. First, you don't seem to understand the Kelo decision; it's really nothing new, and not a big deal."

            Gee, thanks for enlightening me with that convincing argument. Yes, that Eminent Domain for Public Benefit, as put down by the Constition, gets reworded to whatever (or whoever) promises to pay the most property tax dollars is no big deal - none at all.

            "Hell, Jefferson specifically left them out of the Declaration -- "

            First, the bill of right specifically states that because some rights aren't enumerated doesn't mean they exist.

            Plus why then does the constitution address search and seizure, right to bear arms, disallowing troops from being quartered in your own home, as well as the eminent domain restriction if Property Rights weren't recognized? It's implicit in the entire constitution, without ownership, you cannot exercise any of your other rights because the goverment can indiscriminately take away whatever they like to oppress your rights (government doesn't like the New York Times print? Don't suppress their freedom of speech, just forcibly buy them out in the guise of public benefit! They don't want you to own a gun? Don't break the second amendment, just "convince" the guy to sell his gun at the government's declare fair price, etcetera)

            "Second, I disagree that other rights are founded on property rights."

            See above. Without property right, you don't even own yourself.

            "Arguably because this also is part of the utilitarian scheme of copyright."

            And this isn't big brother how?

            Q:Why can't I read it?

            A:Because you can't!

            Q:What if theres something potentially damaging in there, shouldn't I have the right to my own property? How do I know you're not packaging something malicious if I can't take a look at it? And yet you want me to buy it and take it home?

            A:..........
            • Re:Fair Use? (Score:3, Insightful)

              Gee, thanks for enlightening me with that convincing argument.

              It's not an argument, it's a fact. You may wish to see my other post on Kelo, on this page.

              First, the bill of right specifically states that because some rights aren't enumerated doesn't mean they exist.

              And the sky is often blue. I wasn't even discussing the Bill of Rights; you're bringing it up why?

              Plus why then does the constitution address search and seizure

              Privacy.

              right to bear arms, disallowing troops from being quartered in your own home,

              Di
              • Re:Fair Use? (Score:3, Insightful)

                by rolfwind ( 528248 )

                It's not an argument, it's a fact. You may wish to see my other post on Kelo, on this page.

                No it's not fact. The "not a big deal" is an argument and interpretation.

                But let's take your premise that it's nothing new even though I think the scope of it has reached unprecedented heights. Slavery was accepted until the 1860s. Yet was plainly unconstitutional the entire time, whether or the government decided to recognize that. Because it was nothing new, back then, did it make it any better?

                "And the sky is o

                • Re:Fair Use? (Score:5, Informative)

                  by cpt kangarooski ( 3773 ) on Sunday October 09, 2005 @01:50AM (#13749407) Homepage
                  Slavery was accepted until the 1860s. Yet was plainly unconstitutional the entire time

                  No, it was plainly evil the entire time. It was constitutional, however. If you disagree, please point to the part of the antebellum Constitution (i.e. everything before the 13th Amendment) that prohibited it.

                  Privacy is not even a right mentioned in the BoR

                  It's in the penumbra.

                  But protection against unlawful search and seizure specifically protects property.

                  The seizure in question is of one's person and of evidence to be used against that person. It's not related to takings, which is why you don't need a warrant to condemn property, and you don't need to pay a fair price to put the smoking gun in an evidence locker.

                  Bizaare? Have you ever read history and noticed that the societies w/o property rights are usually the most restrictive in all the other ways? Soviet Russia for one. Feudal Societies for another. There is a correlation there.

                  No, not really. They also didn't have free speech, for example. Does that mean that free speech is the basis of property rights? Of course not. Those sorts of societies didn't care about their people at all; it had nothing to do with any specific right that was infringed upon.

                  You are confusing "cannot" with should not.

                  Nope. This is a pretty standard part of civil liberties jurisprudence. It has its origins in the clever ways that segregationists would employ to deny minorities their rights when the blatant ones were overturned. No one was fooled, and the clever methods got overturned too.

                  we don't have the complete command of ourselves?

                  No, we largely do. Not entirely: it's unconstitutional for you to sell yourself into slavery, for example. But these are liberty interests, not property interests. People aren't property; this is part of how their freedom is ensured.

                  copyright has been completely perverted anyway because the flip side has been ignored

                  And I agree, which is why I'd like to see copyright fixed, and why I spend time working on that.
                  • Re:Fair Use? (Score:2, Insightful)

                    by rolfwind ( 528248 )

                    No, it was plainly evil the entire time. It was constitutional, however. If you disagree, please point to the part of the antebellum Constitution (i.e. everything before the 13th Amendment) that prohibited it.

                    I read it here, but YMMV:

                    Amendment V

                    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor sh

                    • You do realize that that's the 5th Amendment, right? On its own, it only applies to the federal government. This is why we had to pass the 14th Amendment, which contains a due process clause that applies to the states. In fact, the 14th Amendment due process clause is the basis for making the states finally abide by the rights in the Bill of Rights.

                      Even under amendment XIV, it reads as if slaver could be used as a punishment (after due process) so.......

                      I think that you'd have difficulty getting that throug
        • Re:Fair Use? (Score:5, Insightful)

          by ConceptJunkie ( 24823 ) on Saturday October 08, 2005 @08:01PM (#13748625) Homepage Journal
          How is the DMCA even constitutional?

          Constitutional? What does that have to do with anything? Apparently you haven't heard of the Benjamin Franklin Amendment: The one with the Benjamins gets to make the amendments.

          This legislation was bought and paid for, period. Under the guise of legitimately protecting businesses from theft by piracy, etc, they have essentially given the businesses lock and key over what you purchase and thrown Fair Use out the window.

          This country was founded upon the ideas of competition and free trade, but now there is a whole industry based on outmoded means of distribution (i.e., media companies who want to shackle us the _19th_ century modes of content distribution, or at least the functional equivalent). Sure I understand people are just illegally trading this stuff, but since almost every "innovation" in the industry is geared towards decreasing value and increasing hassle, they are making their own problems worse. iTunes, etc, is a start... not a great one, but a good step in the right direction. I know in my case, it's not that I want it free... I'm more than happy to pay for it, I just want it the way I want it with no restrictions on use. I want to be able to make a copy for my car, or a backup copy, or to be able to play it on my computer or PocketPC. At least we still have RedBook CD's, but I can forsee a day when it becomes illegal to sell them, in favor of some DRM'ed media (that has 0-day hacks for every upgrade...).

          I sure wish I could buy laws, but you know the saying: one millionaire, one vote.

        • Re:Fair Use? (Score:3, Informative)

          by smashin234 ( 555465 )
          "Why shouldn't I be able to read or "bypass" what I own like the 1 and 0s on DVD/CDs/etc? "

          Nothing is stopping you from doing just that. The law actually prohibits distributing, selling, and/or giving away such software. You are perfectly within your rights to write your own software to bypass what is on a DVD, etc. That is, as long as you are engaging in fair usage. (archival purposes, educational, etc.)

          Thats one of the reasons I disagree with the DMCA in that you can write software to overcome encrypti
          • Hi, thanks for making that clearer but one thing:

            Nothing is stopping you from doing just that. The law actually prohibits distributing, selling, and/or giving away such software. You are perfectly within your rights to write your own software to bypass what is on a DVD, etc. That is, as long as you are engaging in fair usage. (archival purposes, educational, etc.)

            This law is still killing your freedom of speech. Unless I sign an EULA when I buy a DVD, I shouldn't be under these conditions.
          • Re:Fair Use? (Score:3, Interesting)

            by russotto ( 537200 )

            Nothing is stopping you from doing just that. The law actually prohibits distributing, selling, and/or giving away such software. You are perfectly within your rights to write your own software to bypass what is on a DVD, etc. That is, as long as you are engaging in fair usage. (archival purposes, educational, etc.)

            Unfortunately, not so. The law prohibits manufacturing anti-circumvention devices also. So you can't write your own software either.

            So don't blame the Judicial Branch, they are just doing t

            • But this has already been decided, until you mount a new challenge, or get Congress to chance the law:
              • Joining a growing consensus among courts across the country, the 2nd U.S. Circuit Court of Appeals in New York found that computer code is speech and therefore entitled to some First Amendment protections under the U.S. Constitution. But the court concluded that the material in this case is "content-neutral," and therefore entitled to considerably less protection than "expressive" content such as poetry or
              • Since, with software, there's no good distinction between the description of device and the device itself, the court is splitting a mighty fine hair there. It's pretty clear why, too -- they wanted to uphold the law (because of who the plaintiffs and defendants were, mostly), despite it's damn clear unconstitutionality.

                Douglas Adams once posited a program which, given a set of premises and a desired conclusion, would find a logical-sounding set of steps leading from one to the other. This decision appears
                • (sorry for the typos in my original post)

                  I agree that it's a "mighty fine" hair, and probably for the same reasons.

                  To me, the most expressive way to describe an algorithm would be with a code example -- but code examples seem to be exactly the kind of speech the DMCA wants to prevent EVEN THOUGH the circuit acknowledged that code was free speech!

                  My gut says that if you "published" or "trafficked" some research that included a complete listing of a copyright-circumventer that you would surely get sued, but t
          • Re:Fair Use? (Score:3, Informative)

            A couple of comments; note that IANAL.

            > "Why shouldn't I be able to read or "bypass" what I own like the 1
            > and 0s on DVD/CDs/etc? "

            > Nothing is stopping you from doing just that. The law actually
            > prohibits distributing, selling, and/or giving away such software.

            Correct. This, of course, requires every ordinary user in the world to roll his own software. The law doesn't "prohibit" exercising your fair use rights. It just makes doing so in fact sufficiently difficult that it become effectively i
          • I'd say lack of time and/or ability would prevent all but the truly determined and they would not be allowed to tell everyone else how to do it.
          • Correct me if I'm wrong... is it still legal for me to obtain the software from someone else, provided I do not redistribute it (provided I were as US citizen, which I'm not)? If so, I think the DMCA has been blown much out of proportion, because then (as I interpret it) as long as the distribution servers of decss, or circumvention program X are located outside of the US or a similar jurisdiction, there is no way to make such a thing illegal provided it is not being used for piracy.
        • How is the DMCA even constitutional?

          Apparently you don't know how the US legal system works. Here it is, in a nutshell (which is an appropriate receptacle):

          1. All laws that are passed are legal.
          2. Those laws which are subsequently determined to be illegal are illegal.
          3. GOTO 1

        • It should take more than a act of congress because this rips apart all common sense property rights on which all other rights are based on

          So, where exactly are property rights enumerated in the law?

          Hell, show me where in the Declaration or the Federalist papers, even, that it's argued that property rights are primary rights (that is, not a right given for the preservation of important rights.)

          Go ahead, I'll wait.
    • Re:Fair Use? (Score:2, Interesting)

      by bennini ( 800479 )
      there's a big difference. you are looking for a reason to copy the DVD before it gets trashed by ur rugrats. who's to control if it ever actually gets destroyed by them...or if it ends up at your friends house? the idea of the law is to allow media which can't be accessed anymore to be accessed. in your case...the law would allow you to glue the pieces of ur destroyed blu-ray disc back together, read the info off of it...and then create a new, proper disc with the original discs content.
      • Re:Fair Use? (Score:3, Informative)

        by rm69990 ( 885744 )
        Copyright law allows you to make a backup copy.
        • Re:Fair Use? (Score:5, Informative)

          by Kjella ( 173770 ) on Saturday October 08, 2005 @06:41PM (#13748419) Homepage
          Copyright law allows you to make a backup copy.

          Please point us to the appropriate paragraph. For bonus points, find the exception in the copy protection paragraphs too. (If I encode my own CD to DRM'd WMA, I still don't have the right to break their encryption system. Copyright and copy protection systems have two different protections) You can find it here [cornell.edu].
          • If I encode my own CD to DRM'd WMA, I still don't have the right to break their encryption system.

            Do you mean you own the copy of the CD, or you are the copyright holder for the work on the CD? If the latter, you do have the right to do so, actually, as circumvention is defined as being unauthorized by the copyright holder; if you're authorized, it's not circumvention, at least within 1201(a).

            Remember, encryption is an access control. You can still copy the ciphertext. A copyright control mechanism is somet
            • Do you mean you own the copy of the CD, or you are the copyright holder for the work on the CD? If the latter, you do have the right to do so, actually, as circumvention is defined as being unauthorized by the copyright holder; if you're authorized, it's not circumvention, at least within 1201(a).

              Scenario:
              1. I create some CD of myself singing in the shower
              2. I create DRM'd WMAs using Windows' built-in ripper
              3. I copy out the DRM'd file, and accidentally *cough* lose the license files
              4. Windows is now unable
              • Can I now develop tools and recover these legally?

                Yes. Check out 17 USC 1201(a)(1)(A), (a)(2), but bear in mind that both of those are subject to the definition in (a)(3)(A).

                No, something that prevents access without preventing copying is definately covered by the DMCA.

                I never said it wasn't. There are three different types of offenses under 1201: Trafficking in tools to circumvent access controls; Circumventing access controls; Trafficking in tools to circumvent copyright controls.

                (Circumventing copyright
      • I'm guessing two things, having read your comment:

        1) You don't have kids

        2) You've never tried to play a badly scratched DVD, let alone one you've pieced back together
    • Re:Fair Use? (Score:3, Insightful)

      by sumdumass ( 711423 )
      I believe that you are allowed to make backup copies for archival purposes anyways. It is already part of the fair use. Also, copyrite law already make special provisions for copying computer software and data for "incase situations". If the DVD or CD is playable on the computer, I would bet it is already in that catagory. The problem is that only one copy can be used at once. I don't think your allowed to used both copies at the same time. You can however have more then one copy installed on more then one
      • Fair use doesn't necesssarily permit backing up. It might, or might not, depending on the circumstances.

        17 USC 117 has a provision allowing for backups regardless of fairness, but it usually isn't applicable. The only people who can use it are people who own a copy (as opposed to licensing a copy), where the work being backed up is a computer program, and where backups are destroyed (or if you're selling the original copy, transfered along with, if you prefer) whenever possession of the original copy is no
        • If works are protected and we are not allowed to circumvent the DRM, then how does the work enter the Public Domain. The only reason Copyright is allowed in for in the Constitution is to enrich the Public Domain. This is how the DMCA violates the Constitution.
          • Anticircumvention only pertains to works that are copyrighted, so there is an argument that it isn't unconstitutional.

            Still, I agree with your basic premise, and that's the central reason why I not only oppose DRM, but I think that the government should actively discourage its use (by, e.g. abolishing copyrights for works which have been DRMed under the authority of the copyright holder, and funding projects to crack DRM so that the automatically public domain works can be freely enjoyed).
        • Computer programs are defined as being statements or instructions used directly or indirectly with a computer to produce a certain result. Thus, I think you'd have a hard time saying that mere data is a program, even though there is no real good line between data and software.

          Note, however, that almost every DVD ever produced has menus that are instructions used by the computer control of the DVD player, and thus arguably fall under this definition. Music CDs, however, are generally pure data.
          • Still, there might be enough of a division between the menus and the actual movie for a counter argument that they are separate, even if the former is a program.
    • Gawdammit Slashdot. (Score:2, Informative)

      by Anonymous Coward
      When the law was passed, Congress mandated the register of copyrights revisit the anti-circumvention section every three years

      Really Slashdot? How interesting. I wonder when the next review is due... Right now? [cryptome.org] Ya don't say! And comments are due by Dec 1, 2005!? Well fancy that. Certainly some kind souls out there must have submitted this information as a story. I wonder why we aren't reading about it? Ahhh, door handles of the future, I see. That's much more important. THAT is 'stuff that matte

    • Sadly, apparently it isn't. The content creators might argue that that kind of re-purchasing is already factored in into their "already thin" profit margins.
    • So... making a backup copy for when my kids destroy the CD/DVD (or when my hard drive crashes) isn't fair use?

      Sure it is. You just need to figure out how to include DVD's CSS.
    • So... making a backup copy for when my kids destroy the CD/DVD (or when my hard drive crashes) isn't fair use.

      You don't need to crack CSS to make a bit-for-bit copy, just a DVD-A blank for your DVD-R. Same as the big pirates do - you didn't think CSS was meant to stop piracy, did you?
  • by Average_Joe_Sixpack ( 534373 ) on Saturday October 08, 2005 @05:51PM (#13748262)
    They should call it the Sega Act
    • And for software - it should be the BSD act!

      I kid, I kid.

    • Given that most Sega video game systems are no longer manufactured (along with some early Nintendo systems, and IDK about the original PSX), YES it should be called so, and it should allow copy protection circumvention on Sega and PSX games.

      There should also be a law giving companies a reason to help out emulator authors who want to emulate an obsolete system.
      • Well...since you can buy ps2's, and they're backward compatible, your argument doesn't hold for psx games.

        I'm all in favor for shorter copyright lengths, but not THAT short. I'd be happy with 15-20 years for things which can be played / read on systems still being produced today, and an immediate end when the systems cease being produced. This way, by now there would be ports of every sega cd game to the xbox, and / or my emulator would be legal (and that includes the Saturn and Dreamcast since they don

        • immediate end when the systems cease being produced

          There is one problem with this idea[1]. If I buy a console, and the manufacturer discontinues it after six months, then I am stuffed. There probably aren't enough games suddenly in the public domain as a result of this to make my investment in the console worth while, and no one is going to invest in making a new game if it will hit the public domain as soon as they release it.

          I would, however, like to see copyright contingent on distribution:

          1. If yo
    • This is america, can we at least call it the Atari act?
  • by Anonymous Coward on Saturday October 08, 2005 @05:51PM (#13748266)
    so with all the failed attempts at bulletproof DRM and anticopying, is there actually any UNcrackable media?
  • Insane laws (Score:5, Insightful)

    by LiquidCoooled ( 634315 ) on Saturday October 08, 2005 @05:53PM (#13748278) Homepage Journal
    Why not just add a law mandating documented file formats?
    Even if your company goes bust, your customers data should remain accessible.

    How the data is used privately should be up to the customer, and is not the concern of the producer. We will have laws soon telling us how to use toilet roll, and inspectors coming round arresting us for unlicensed operations.

    Laws are already in place for improper sharing of copyrighted materials, so why on earth do we need anything else?

    • Re:Insane laws (Score:5, Insightful)

      by Pig Hogger ( 10379 ) <pig.hogger@gmail ... m minus caffeine> on Saturday October 08, 2005 @06:22PM (#13748365) Journal
      Why not just add a law mandating documented file formats? Even if your company goes bust, your customers data should remain accessible.
      The law could say that they have to deposit the file format in the library of congress in order to protect that information, and it should be renewable every so often, paying the protection fee at each renewal. If the company goes under or does not support the data format anymore, it won't pay for renewal and the format becomes publically accessible.
      How the data is used privately should be up to the customer, and is not the concern of the producer. We will have laws soon telling us how to use toilet roll, and inspectors coming round arresting us for unlicensed operations.
      To this, however, I object. Toilet paper should be deployed ABOVE the roll, not below, so there should be a law prohibiting this, with roaming teams of toilet-paper inspectors.
      • Re:Insane laws (Score:3, Insightful)

        by NMerriam ( 15122 )
        Indeed, and peanut butter belongs on the top half of the sandwich, the way God intended. Anything else should be a felony.
      • Toilet paper should be deployed ABOVE the roll, not below, so there should be a law prohibiting this, with roaming teams of toilet-paper inspectors

        GOD YES! I grew up in a household where toilet paper was always deployed as you describe. I continue the tradition in my own home. Why would you even bother the other way? Can't we all just get along...and do it my way?
      • I disagree!

        My roll holder is of the one-end-open type and it pivots on it's mount. If you do the over the roll method and pull slightly out and down, this pushes the roll against the sidewall and it binds, leaving you with inadequate paper.

        Deploy under the roll and it pulls the paper out and up. One quick jerk and perfect paper every time :D
        • Deploy under the roll and it pulls the paper out and up. One quick jerk and perfect paper every time :D

          Some years back, an incident at home convinced me otherwise. I'd just replaced a roll of toilet paper, and used the "under" method. When I came back an hour or two later, I saw a large pile of toilet paper on the floor, with a very happy kitten in the middle looking up at me with a "Look what I did!" expression on her face.

          In installed a new roll, using the "over" method, and aside from a few claw marks
      • Would it not be simpler to pass a law mandating open document format compatiblity?
      • Does one still have to pay the TV Tax in Britain (to support the BBC), where inspectors drive around with their super-het detectors to track down rogue TV receivers?
  • Abandonware? (Score:5, Insightful)

    by st1d ( 218383 ) on Saturday October 08, 2005 @06:15PM (#13748344) Homepage
    Will this have some effect on the abandonware issue? It's sad that companies can buy [comparatively unsuccessful] software for pennies on the dollar, only to bury it (to kill competition). More directly, there are a lot of old games that are unavailable, simply because their holding companies are waiting for someone to meet a "pie in the sky" bid to rerelease them.

    Grrr...
    • Re:Abandonware? (Score:3, Informative)

      by Kjella ( 173770 )
      More directly, there are a lot of old games that are unavailable, simply because their holding companies are waiting for someone to meet a "pie in the sky" bid to rerelease them.

      Which is something quite different, really. Using Occam's razor, I think the answer is simply "Software is only free if your time is worth nothing". Selling it is probably an amount and a signature. Opening up the game means figuring out what third-party source code is in there, artwork, sounds, music and so on. A lot of this is pro
      • Re:Abandonware? (Score:3, Interesting)

        by TheRaven64 ( 641858 )
        The source code to old games has potential value. You can port them to mobile 'phones, for example, and sell them. The binaries have less value. A stipulation that you have to run them on the original hardware would protect against this, but not make the people who want to play them on emulators happy. Perhaps this could be dealt with by a provision that they are legal on any platform except those where they have been re-released.
  • by Pig Hogger ( 10379 ) <pig.hogger@gmail ... m minus caffeine> on Saturday October 08, 2005 @06:16PM (#13748347) Journal
    All media can be cracked.

    Just don't get caught.

    Seriously, less-broadly specified rights shall definitely trump precisely defined prohibitions. Like "fair-use", which is far more broadly defined than "thou shalt not circumvent © protections".

    Or, put in other words, the exercise of a RIGHT cannot be prohibited to a given individual except by a court of law, the idea being to remove the law-making ability that has been put into private hands by the DMCA, for example.

    Furthermore, more than ever, the Internet allows the "grass is greener" syndrome. The ability to send information instantaneously over great distances means that in any case, you'll always find a more favourable jurisdiction, rendering the prohibition moot.

    For example, I live a day's drive away from the US federal capital, yet I can legally share music over the Internet, and nothing prevents me from running DeCSS on my computer, nor distributing crackster on my web server, things that would land me in jail if I had the foolish notion of embarking on a 30 minute drive (but fortunately, I don't have a car).

  • How about this... (Score:4, Insightful)

    by FlyByPC ( 841016 ) on Saturday October 08, 2005 @06:16PM (#13748348) Homepage
    * Allow (legalize) any sort of encryption.

    * Also allow (legalize) any sort of cracking.
    * Enforce copyrights, as long as the complainant is the original author/performer. Third-parties (such as the RIAA) would not be legally able to benefit from any judgements.

    * Along with this, make Intellectual Property available at a lower cost than much of it is today. For example, to download a song, pay what the recording artist/production team/etc would normally make, plus a small amount to cover the cost of the webserver (which would be less if files were distributed via BitTorrent.) The artists get their compensation (more, with increased volume); the public gets much lower cost content. The only losers would be the middlemen, who would then be free to go and get real jobs.
    • 1. Repeal the DMCA, etc.
      2. Let The Market Decide (TM).

      Of course that would require more honesty and intelligence from our politicians than usual... paradoxically, even moreso from *ahem* those who supposedly have faith in "the market."
    • Enforce copyrights, as long as the complainant is the original author/performer.

      Rather than this, why not make it so that copyrights belong to the original author/performer, are non-transferable, and cannot exceed the life of the copyright holder.

  • retract the DMCA (Score:5, Insightful)

    by Anonymous Coward on Saturday October 08, 2005 @06:26PM (#13748379)
    The DMCA is one of the worst laws enacted in history. The best and simplest solution that would benefit most would be to retract the DMCA. It could be replaced by laws that are less restrictive and exclusive rather than inclusive.
  • by accelleron ( 790268 ) on Saturday October 08, 2005 @06:27PM (#13748383)
    Is it just me, or has the end user become completely dieregarded in recent years?

    Look at, for example, the DRM schemes of today: The end user can consume information he/she legally purchased from only one point, and is restricted in terms of where he/she can transport his/her media. Did we have such laws before? Was it possible to pass legislation, or release content for that matter, that would limit the end user's rights to consume it? Could Sony's label release a CD that would only play 3 times, or that would only play on PC's and Sony CD players, without causing a public outrage? I think not.

    It is sad to see the consumer, who is essentially the sole reason these companies make money, reduced to a state where he/she is forced to swallow limitations on the media purchased, and risk legal prosecution by choosing to use that media for himself in a way that the content distributors never intended. It is even more sad to see users succumb to this.

    Legislation like this is a good step in the right direction, but I, for one, will not purchase a single file or disc until I can use it any way I want. Until I can insert my newly bought CD/DVD into my computer and have the CD's software offer to make me as many backup copies as I want, as many "friend" copies as I want, and as many transfers to any other device I wish, I will not buy a CD.

    It's not enough to place the responsibility for monitoring the validity of the DMCA on some obscure board that will review a couple of formats once every three years, I should have the right to demand that my media plays in the way legally intended by the DMCA, at least, and the burden for ensuring this should be placed on the people that release the media. I should be able to sue, and win the lawsuit automatically, if I cannot use my media in the way I am legally entitled to without resorting to third-party solutions on shady sites the average consumer has never heard of, and will never find out about. I shouldn't have to re-encode my audio files through three different formats and manually rename and reconstruct the ID3 tags so that I can properly use my media, I should be offered to have everything done in a clean, quick, and effortless way by the CD itself, or at the very least be forwarded by the CD to a reliable website with clearly labeled instructions on how I can easily and effortlessly do so. Until then, our rights as consumers are not being enforced, and nor are the labels' responsibilities.
    • by Anonymous Coward
      Sony (or whoever) is free to start selling a CD that self destructs after 3 times you play it. They're also free to market the hell out of it. They are NOT free to whine to anyone but themselves when people don't buy their product because it stinks, though.
    • I think the entire problem lies in the word "consumer" which, to the "consumers", is just a word, but which, to the companies, is actually an idea.

      We exist to consume what the companies make. If we don't do that we are not fulfilling our purpose in life and must be adjusted.

      It shouldn't be "consumers", it should be "customers" and it shouldn't be passively "consuming" the products, but rather actively deciding what we want and, if it already exists, getting it. If it doesn't already exist then start your ow
  • Makes sense... (Score:4, Insightful)

    by Slashdiddly ( 917720 ) on Saturday October 08, 2005 @06:32PM (#13748395)
    If before we were able to crack a book open, how ebooks are different?
  • FOSS software, e.g. linux, has been hindered in its ability to adequately compete for the desktop environment because it's illegal to market distros with fully functional digital media playback facilities.

    without a media player ready to go out of box, linux is less appealing to the average user.
  • by Midnight Warrior ( 32619 ) on Saturday October 08, 2005 @06:54PM (#13748457) Homepage

    If the U.S. Copyright Office is soliciting ideas on this concept, a method exists to address accessibility for those disabled, and the "lost due to bankruptcy" sides. Two parts address each side.

    Part 1: Copyright holders should be required to register each anti-circumvention method with the copyright office in exchange for which a number (which has no legal value) will be assigned to the method. IP firms which specialize in protection methods could register their methods as "base classes" for others. References to patent numbers might also be helpful.

    Part 2: The holder then keeps a list available for public viewing which indicates the works and which copy protection methods they have employed. (Example: ebook "How To Be A Dummy," published 8Oct2005, document format: PRC, DRM method: 1,554,776 (Ref 334,665) ). Note that this is not registering your works. Ideally, this list should be notarized, either electronically or physically to prevent post-litigation tampering.

    Part 1 takes the good old cryptography rule to heart, "The algorithm is never the secret. The input key is the secret." Two things happen here: bad protection is shamed away from being used, and the court system has a public notice of intent on the behalf of the holder requesting that the DMCA provide anti-circumvention enforcement. Then the U.S. Courts would only need to prove or disprove that the declared method was actually in use and attempting to protect the work in question. If expert commentary were recognized on at least "base class" methods, then prebuilt testimony could be used in courts to make enforcement of base-64 encoding methods an embarassment to the litigant.

    Part 2 gives the courts the benefits of documentation regarding protected works. It also lets those who provide support to disabled individuals have a course of action with regard to legal circumvention. So it could, for example, allow someone who converts DRMed ebooks to audiobooks to become a limited, authorized agent to perform such action with nothing more than some paperwork from the copyright holder. If the copyright holder has disappeared (death or otherwise), then the method is publicly known and could be cracked within governed rules.

    In short, there exists the potential to not take the teeth out of the DMCA while still executing it a more efficient way. Hopefully the methods described above represent ideas that tilt more power towards the public without actually removing any power of the copyright holder. Yes, many of us believe it should disappear, but the U.S. did sign an international treaty [anti-dmca.org] of which the DMCA is only a manifestation. Since the U.S. is a WTO member, it was a willing participant [ifpi.org], although it could have fought back a little harder.

  • It Works (Score:5, Funny)

    by mlmitton ( 610008 ) on Saturday October 08, 2005 @07:04PM (#13748484)
    I'm not sure I understand....my girlfriend says a hardware dongle always works.
  • by Anonymous Coward
    Best way to destroy a CD.

    Just watch out for the shards.
  • Here's the details (Score:5, Informative)

    by Bob9113 ( 14996 ) on Saturday October 08, 2005 @07:33PM (#13748572) Homepage
    http://www.copyright.gov/fedreg/2005/70fr57526.htm l [copyright.gov]

    SUMMARY:

    The Copyright Office of the Library of Congress is preparing to conduct proceedings in accordance with section 1201(a)(1) of the Copyright Act, which was added by the Digital Millennium Copyright Act and which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. This notice requests written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public, in order to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works. DATES: Written comments are due by December 1, 2005. Reply comments are due by February 2, 2006.
  • by dismentor ( 592590 ) on Saturday October 08, 2005 @07:38PM (#13748583)
    I'm not sure they get it. They are taking rights away/extending the privileges of the copyright holder; All these circumstances where this causes trouble are /symptoms/ of the problem, not the problem itself. DRM is not a valid extension of the copyright holders' privilege to restrict public display and distribution; that is the issue.
  • I'm all for it. (Score:5, Interesting)

    by Spacejock ( 727523 ) on Saturday October 08, 2005 @07:57PM (#13748615)
    I just recieved a Las Vegas season 2 boxed set from overseas. (Original) Ep3 and Ep6 don't work, and Ep2 and Ep5 have skips (It's a double-sided disk, and there's obviously a load of bad sectors.) Sending it back is not really an option - two more lots of international postage will cost more than the boxed set did in the first place.

    The point is, using a freely-available program I was able to extract all of side one to my hard drive and watch episode 3. Episode 6 is beyond saving, from the look of it, but I haven't given up yet.

    I'm not copying disks to sell or pirating anything, all I'm doing is using a third party tool to watch something I paid for which is otherwise unwatchable.
    • Re:I'm all for it. (Score:4, Interesting)

      by HermanAB ( 661181 ) on Saturday October 08, 2005 @08:26PM (#13748679)
      Yes, you are allowed to do that. Layman tend to read laws in isolation. Lawyers look at the big picture - many laws are unconstitutional or otherwise overuled by other laws, principles and case law. In essence, if a CD/DVD is yours, then you can do whatever the hell you need to do in order to perform the CD, except make an exact copy. Therefore, if you bought a CD, then you may copy it to a hard disc in order to perform the CD, but you are not allowed to copy the CD onto another CD.
      • I live in Australia, where (I think) it's not legal to back up content. E.g. ripping tracks from a cd and putting them on an mp3 player is verboten. Common sense prevails, in that you don't get police kicking your door down to forcibly search for infringements.

        I believe the program I used to read the files off the disk has to bypass encryption to do so. I don't care what it does/did - I had a non-working disk which I paid good money for, and it was the only way I could think of to view the content.

        I d
  • by zappepcs ( 820751 ) on Saturday October 08, 2005 @08:43PM (#13748717) Journal
    Remember of course, that IANAL, but it seems to me that copyright law, especially that which upholds legal recourse for such small matters as fair-use is just not what the founders intended, nor is it in the best interest of the population.

    I believe that copyright owners have a right to legal protection from those that would blatently copy their works and distribute for a profit. Anything that is no more damaging than a public library is fair game. That means it is not illegal for you to load a DVD to your friend before returning it to the rental place, nor is it illegal to 'loan' your copy to a friend.

    Now making tons of copies and selling them at a local market... that's wrong, should be illegal.

    Fair-use is not an illegal activity aimed at defauding the copyright owner, and any, *ANY* device or mechanism designed to prohibit your fair use of something you have paid to use is NOT the intent of copyright law.

    What we have here is a need to re-educate and moderate the law.

    Well, IMHO anyway

  • by sbaker ( 47485 ) * on Saturday October 08, 2005 @09:06PM (#13748778) Homepage
    Copyrights and patents exist in order that the holder may gain some period of commercial value - protected by the state, in return for which, the work returns to the public domain once that period has expired.

    It's a reasonably fair trade.

    The DMCA (and encryption in general) overturns that trade. It allows the owner the protection of the law - but it doesn't give the public their rights to eventual open use.

    That's not fair.

    IMHO, people who encrypt their products should be denied copyright protection - in just the way that people with technical innovation can choose to keep that innovation as a Trade Secret instead of getting Patent coverage.

    In the absence of this, historians of the future are going to have a very hard time finding out about our society. If most or even all media of the next century ends up locked away behind almost unbreakable encryption - with DRM hardware locking that encryption to a particular computer - it may become impossible for someone a few hundred years from now to read our newspapers, books or watch our movies. That would be a terrible thing.

    It's bad enough that we've been primarily responsible for screwing over the planet for our descendents - but now we're working hard towards denying them access to our greatest musicians, authors and other media?

    Right now, it seems like a computer from a few hundred years into the future would be able to break any of our codes quite easily - but when Moores' Law runs out of steam, the most powerful encryption systems we have on that day will probably be *FOREVER* uncrackable.
  • Legalizing this will accomplish a few things: It will strengthen the competition in the market for professional cryptographers, and it will ultimately improve the quality of the product which is good because the people we need to defend ourselves from tend to be the type that ignores the law.

    So why the hell not.

  • by russotto ( 537200 ) on Saturday October 08, 2005 @09:45PM (#13748892) Journal
    Please note that while the copyright office can grant exemptions to allow the act of circumventing technical protection schemes, they cannot grant exemptions to allow the manufacture or trafficking in devices which can circumvent those measures. So even if your special pleadings get you an exemption, you can't legally make or purchase a device which can do the job.

  • by serutan ( 259622 ) <snoopdougNO@SPAMgeekazon.com> on Saturday October 08, 2005 @11:27PM (#13749130) Homepage
    From the previous article...
    No sane business operator enters a contract in which one party has the right to disregard its terms at will, but that's what HR-1201 permits.

    That's also what Congress did when it passed the Bono Act in 1998, which extended copyright terms for another 50 years and retroactively placed all audio recordings made before 1972 under copyright until the year 2067. Many of these works were already in the public domain. But even the wax cylinders recorded by Edison in the 1890s are now copyrighted until 2067 because of this law.

    Copyright isn't a fact of nature or a divine right, it's a contract between copyright holders and the public. The public agrees to respect a copyright and pay taxes to enforce it for a specific number of years. At the end of that time the public expects the work to become public domain. Every time Congress extends copyrights it's like declaring that all 30-year mortgages are now 60-year mortgages. Or in some cases, giving the house back to the bank after it's been paid up. Great news if you're the bank, bad news if you're the one making the payments.

    What sane person would enter into a contract that allows the other party to disregard its terms at will? The average American citizen. Oops, I mean "consumer."
    • by plasmacutter ( 901737 ) on Saturday October 08, 2005 @11:34PM (#13749142)
      No sane business operator enters a contract in which one party has the right to disregard its terms at will, but that's what HR-1201 permits.

      what a TERRIBLE mischaracterization.

      if you enter into a contract and you breach that contract, then you pay, weather the law allows fair use or not

      what HR-1201 allows people to do is to develop their own media access/playback systems for DRM'ed media WITHOUT ENTERING INTO A CONTRACT AT ALL.. which is how the copyright system worked before 1998, and how the free market works everywhere else.

      You don't see ford getting their own pet law which forces tire companies to sign a contract for the "priveledge" of making tires for fords, nor do you see honda getting a pet law which forces snapon tool company to sign a contract for the "priveledge" of making tools which work with honda engines. The same free market principles should apply to copyrighted works.

      Copyright is the exclusive right to produce and distribute, not the exclusive right to determine access.

  • by chris_sawtell ( 10326 ) on Sunday October 09, 2005 @12:06AM (#13749194) Journal
    The word 'encryption' should be defined so that simplistic methods invented about 2000 years ago are excluded from the legal definition. IOW the encryption methods should be strong and the key to the data held other than on the medium carrying the data. It is morally wrong to manufacture criminals out of intelligent teenagers overflowing with curiosity. Remember that the corollary to "... and lead us not into temptation", is "Thou shall not tempt others".
  • by Dave21212 ( 256924 ) <dav@spamcop.net> on Sunday October 09, 2005 @03:10AM (#13749584) Homepage Journal

    I mentioned this [slashdot.org] in my journal almost 2 years ago (yet another rejected submission:) All links are still good, mostly covering the e-book and fair access for the blind.

    There are over 10 million visually impaired people just in the US who are being blinded by the DMCA. On the back page of Software Developer [sdmagazine.com], Warren Keuffel has a commentary [sdmagazine.com] (free reg) that summarizes what he found to be issues still brewing over the use of the DMCA to prevent people from implementing technology designed to translate eBooks into Braille [daisy.org]. XML is being used now [w3.org] to facilitate the translations of eBooks and other electronic formats and to help disabled people get simple access to reading material that others of us may take for granted. The DMCA effectively blocks many of these new innovations (go figure). Is short, the American Federation for the Blind has sent comments [afb.org] the US Copyright office, Congress is looking at the issue [afb.org], The Association of American Publishers is fighting it [copyright.gov], all the while fair-use [eff.org] and disabled students [cast.org] continue to suffer.

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