Posted on 04/24/2006 7:51:04 AM PDT by FewsOrange
Notice that it says 'effectively controls access' The Sony root kit meets this definition
(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--
`(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
Notice again that here it is illegal to tell someone how to Remove something that is designed to control access to a work protected under the DCMA. If you read the law you see no exception for rootkits or malware..
So in your estimation then its ok to make say beer illegal so long as you dont enforce the law?
Yeah, but it's pretty much implied...
You're right, re the technology running way out ahead of the laws. The only thing that will really keep people from stealing digital material--and that's what they're doing, stealing--is what's missing more and more every day: an understanding of what's right and what's wrong.
Unfortunately, most people come down squarely on the scumbag side, like your brother-ibn-law's friend. They think that, since they PAID FOR the technology that allows them to steal, they're somehow justified. There are no perfect comparisons, but that's a little like saying, I bought and paid for this flatbed hauler, so it's okay if I load someone's Audi A4 onto it and drive away with it.
Agree, mostly. Thanks.
Like your profile.
Agree, mostly. Thanks.
Like your profile.
They didn't have to explicitly name rootkits since that is malware and inherrently illegal. Sony did something wrong, not the people who removed it, obviously. But hey, leave it on your computer if you want LOL.
Removing rootkits is not illegal, never has been never will be. Nor can you seem to ever tell the truth.
Can you please point me at the law which makes rootkits illegal?
Can you please point me at the legal definition of malware?
bump
Hey I deal with the same set of facts we all live with, you just make up your own and call them gospel truth. Please point out the law that define root-kit and make the removal in any instance legal..
Good grief, please tell me you're kidding.
Sony CDs and the Computer Fraud and Abuse Act
http://www.freedom-to-tinker.com/?p=949#comments
No I'm not kidding. Your defense sounds like those defending steroids in baseball - "just because it was against the laws of the U.S., there was no rule in major league baseball preventing them".
Of course not, it was implicitly denied. Just like rootkits are.
That's sad for you.
Sad is you guys too afraid to remove Sony's rootkit because some imaginary boogeyman is gonna arrest you LOL. Don't forget to leave the light on tonight either.
Afraid to remove it? I don't have it, nor would I be afraid to remove it. But removing it would violate the DMCA.
You resort to these childish remarks whenever you lose arguments, so I must say how proud I am that you've reached so high a level of self-awareness.
But according to what you were saying earlier:
If sony has not been prosecuted for this then they must not have been breaking the law right?
By the by rootkit or malware appreasr nowhere in that piece of legislation
LOL
Hoist by his own petard!
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