Sony uses DMCA to silence speech that reveals its security flaws
eff.org
eff.org
Aren't Sony convicted computer hackers for their little cd+rootkit adventure? Did any CEO do time for that?
"The settlement requires Sony BMG to reimburse consumers up to $150 to repair damage that resulted directly from their attempts to remove the software installed without their consent. The settlement also requires them to provide clear and prominent disclosure on the packaging of future CDs of any limits on copying or restrictions on the use of playback devices, and bars the company from installing content protection software without obtaining consumers’ authorization.[34] FTC chairwoman Deborah Platt Majoras added that, "Installations of secret software that create security risks are intrusive and unlawful. Consumers' computers belong to them, and companies must adequately disclose unexpected limitations on the customer use of their products so consumers can make informed decisions regarding whether to purchase and install that content.""
If we are not careful about this, soon it will be required to register oneself as a security researcher.
No. Everybody has the right to study whatever they own.
http://www.groklaw.net/article.php?story=20110112115731533 http://www.groklaw.net/article.php?story=20110114185542531 http://www.groklaw.net/article.php?story=20110117161946648
Apparently, they are having trouble even establishing that they have the right to sue the defendant in a California court.
For example, I can't sell you a piece of property with the restriction that you can't sell it to a racial minority in the future. Can I sell you a car with the restriction you are not allowed to look at or tamper with the engine?
Note that I'm not asking whether or not it is good/moral to ask for these restrictions. But what is in fact legal.
The article on EULAs is also interesting: http://en.wikipedia.org/wiki/Software_license_agreement#Enfo...
For example, the terms of a commercial lease can much more exploitative than of a residential lease because a commercial leaser is expected to be more savy about such things.
For example, you can have terms with fine print that allows the landlord to evict tennent without cause AND demand a substantial payment at any time.
when you come across a problem that involves this type of intellectual property issue, ask yourself which type(s) of intellectual property are in question (copyrights, patent, trademark etc).
Then, try to figure out what rights an owner of that type of intellectual property has over the item.
Also, you'll have to think about which country's laws apply also because copyright owners' rights are very different in diff countries, ie France vs. the US.
That's a rough type of analysis that you can do to get a feel for the issue.
If you're Ross Anderson and Cambridge you can tell them to stuff it, if you are a new junior prof at Nowheresville U you might be persuaded to look at a new research area.
50 years ago the oil companies tried similar things to block Clair Patterson's research into lead in gasoline. If Caltech hadn't been so stubborn or there had been a law against analyzing gasoline we would still be breathing lead.
Last time I checked, gaming consoles and phones had completely different business models. MS profits for every WP7 phone sold (all three of them) even if the phone manufacturer takes a loss. Sony takes a loss with every PS3 sold and recoups that from every unit of every game sold for it.
That's like selling me bread and telling me I can only use it for bologna sandwiches, and that PB & J is against the rules, especially if I tell someone how to make one.
How ridiculous!
Sent from my Macbook Pro
If the hardware does not effectively prevent copying, the DMCA does not apply.
It was also interesting as a number-crunching machine a couple years back. These days, I think even a modest x86 with a cheap GPU can run rings around it for the same kind of money and much less work.