Congress readies broad new digital copyright bill

CNET ^ | 4/23/2006 | Declan McCullagh

[N3WBI3]

Sec. 1201. Circumvention of copyright protection systems

`(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter.

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..

[N3WBI3]

So in your estimation then its ok to make say beer illegal so long as you dont enforce the law?

[Petronski]

If you read the law you see no exception for rootkits or malware...

Yeah, but it's pretty much implied...

[John Robertson]

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.

[N3WBI3]

John,

First off great analogy!

I think one of the most interesting things we have seen is the success of iTunes in selling individual songs on line, rather than try to suppress technology apple adopted it and helped themselves, consumers, and the music industry. I think the problem with the DMCA is that it assumes if you copy your intent is to break the law so that if I buy a DVD and I wish to back it up I am committing some kind of crime. This is about a handful of companies trying to reverse fair-use. Its akin to media companies trying to push copyright out further and further past what the founding fathers would have considered reasonable in Article 1 Section 8 of the constitution.

[John Robertson]

Agree, mostly. Thanks.

Like your profile.

[John Robertson]

Agree, mostly. Thanks.

Like your profile.

[Golden Eagle]

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.

[Golden Eagle]

Removing rootkits is not illegal, never has been never will be. Nor can you seem to ever tell the truth.

[N3WBI3]

rootkits since that is malware

Can you please point me at the law which makes rootkits illegal?

Can you please point me at the legal definition of malware?

[Tribune7]

bump

[N3WBI3]

Nor can you seem to ever tell the truth.

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..

[Petronski]

They didn't have to explicitly name rootkits since that is malware and inherrently illegal.

Good grief, please tell me you're kidding.

[Golden Eagle]

Sony CDs and the Computer Fraud and Abuse Act

http://www.freedom-to-tinker.com/?p=949#comments

[Golden Eagle]

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.

[Petronski]

No I'm not kidding.

That's sad for you.

[Golden Eagle]

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.

[Petronski]

Sad is you guys too afraid to remove Sony's rootkit because some imaginary boogeyman is gonna arrest you LOL.

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.

[N3WBI3]

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

[Petronski]

If Sony has not been prosecuted for this then they must not have been breaking the law right?

LOL

Hoist by his own petard!