Yeah, but it's pretty much implied...
Posted on 04/24/2006 7:51:04 AM PDT by FewsOrange
For the last few years, a coalition of technology companies, academics and computer programmers has been trying to persuade Congress to scale back the Digital Millennium Copyright Act.
Now Congress is preparing to do precisely the opposite. A proposed copyright law seen by CNET News.com would expand the DMCA's restrictions on software that can bypass copy protections and grant federal police more wiretapping and enforcement powers.
The draft legislation, created by the Bush administration and backed by Rep. Lamar Smith, already enjoys the support of large copyright holders such as the Recording Industry Association of America. Smith is the chairman of the U.S. House of Representatives subcommittee that oversees intellectual-property law.
Smith's press secretary, Terry Shawn, said Friday that the Intellectual Property Protection Act of 2006 is expected to "be introduced in the near future."
"The bill as a whole does a lot of good things," said Keith Kupferschmid, vice president for intellectual property and enforcement at the Software and Information Industry Association in Washington, D.C. "It gives the (Justice Department) the ability to do things to combat IP crime that they now can't presently do."
During a speech in November, Attorney General Alberto Gonzales endorsed the idea and said at the time that he would send Congress draft legislation. Such changes are necessary because new technology is "encouraging large-scale criminal enterprises to get involved in intellectual-property theft," Gonzales said, adding that proceeds from the illicit businesses are used, "quite frankly, to fund terrorism activities."
The 24-page bill is a far-reaching medley of different proposals cobbled together. One would, for instance, create a new federal crime of just trying to commit copyright infringement. Such willful attempts at piracy, even if they fail, could be punished by up to 10 years in prison...
(Excerpt) Read more at news.com.com ...
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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