effector list alertsactionefforg effector vol 15 24 august 9 2002 renefforg publication electronic frontier foundation issn 10629424 224th issue effector eff submits letter fcc chairman regarding bpdg proposal update intel corp v hamidi decss author johansens trial rescheduled bunnie presents paper xbox reverse engineering thanks defcon eff booth linuxworld deep links baen books releases readerfriendly ebooks deep links janis ian p2p deep links hometown paper discusses rep cobles support berman p2p hacking bill administrivia information eff activities alerts httpwwwefforg join eff make additional donation httpwwwefforgsupport eff membersupported nonprofit please sign member today eff submits letter fcc chairman regarding bpdg proposal honorable michael k powell chairman federal communications commission 445 12th street sw suite 8c453 washington dc 20554 facsimile electronic mail postal mail dear chairman powell writing today regards digital television broadcast flag specifically write response sen hollings representatives dingell tauzins letters july 19 urged mandate broadcast flag proposal outlined final report broadcast protection discussion group electronic frontier foundation eff donorsupported nonprofit organization works uphold civil liberties interests technology policy law eff played critical role safeguarding crucial freedoms related computers internet consumer electronics devices defeating restriction strong cryptography exports securing legal principle internet wiretaps must proceed conjunction warrant defending academics researchers commercial interests dmcarelated prosecution eff active participant broadcast protection discussion group attended groups meetings conference calls participated groups policy technical mailinglists eff also maintains website public source information broadcast flag negotiations proposal site found httpbpdgblogsefforg eff devoted thousands staffhours publicizing existence nature bpdg public civil liberties consumeradvocacy groups entrepreneurial companies software authors whose products threatened proceedings met esther dysons pc forum last march spoke briefly civil liberties interests would undermined broadcast protection discussion groups mandate bpdg proposal grave consequences innovation free expression competition consumer interests worst add unnecessary complexity expense dtv transition compromising dtv adoption aware technologists traditionally manufactured devices believed would successful market often spite misgivings rightsholders piano roll pvr technologists enjoyed freedom ship whatever products believe public pay whats innovation always thrived best fewest regulatory hurdles ntsc tuners devices governed precious regulations consequently see rich field products interact vcr plus tunercards pcs pvr broadcast flag proposal would limit technologists shipping products met approval mpaa member companies entrepreneur software author know priori whether innovative dtv product legal market gone expense building taking around hollywood studios review consumers industry alike benefitted greatly open source free software movement technologies distributed form encourages enduser modification serversoftware like webwide successstory apache operating systems like gnulinux consumer applications like mozilla browser free software powerful force innovation consumer benefit commercial activity bpdg proposal implicitly bans free software dtv applications dscaler deinterlacer gnu radio softwaredefined radio program applications built modified endusers something banned bpdg proposal tamperresistance component bpdgs robustness requirements create entire class illegal software applications abridging traditional first amendment freedom enjoyed software authors create expressive speech code form one several free softwareopen source licenses bpdg nominally set create objective standard bright line technologists could hew order avoid liability deploying products however end product bpdg standard contained objective criteria legal technology rather standard required new technologies approved mpaa member companies uncoincidentally technologies approved mpaa hence legal technologies produced 4c 5c consortia group technology companies acted mpaas allies throughout bpdg process harbinger sort regime bpdg standard usher technology companies able shut competitors marketplace allying hollywood brokering deals allow certain technologies outlaw others marketplace proven mechanism rapidly efficiently producing products increase value desirability new technologies dtv bpdg mandate would subvert market dtv innovation competing companies lowercost dtv technology alternatives would restrained bringing market failed assuage mpaas concerns unauthorized redistribution furthermore universe unauthorizedbutlawful uses dtv programming shrunk much smaller space explicitly authorized uses ability public make unauthorizedbutlawful uses television programming historical force increasing value broadcast programming vcr pvr ironically inevitable damage broadcast flag mandate would innovation competition consumer interests slow dtv adoption driving cost dtv devices reducing number desirable features open market would create public offered less functionality money flock dtv disheartening thing broadcast flag neither strong case broadcast flag necessary tool protecting copyright broadcast flag would effective role existing practice internet infringement broadcast programming analog captures devices satisfy requirements bpdg proposal would stopped presence broadcast flag higherresolution dtv signals likewise present challenge determined infringers capture fullquality analog signal dtv devices redigitize suffering single generations worth lossofquality programming enters internet meanwhile underlying rubric broadcast flag infringement undermine hollywoods business point movies longer available public reducing value dtv superstition credible study analysis undertaken neutral party ever presented congress fcc cptwg bpdg supporting notion public asked sacrifice rights copyright industry asked place right innovation hands entertainers us government asked mandate extraordinary unprecedented regulation 600 billion technology sector uncorroborated opinions studio executives eff welcomes fccs oversight broadcast flag issue bpdg proceedings took place behind shroud secrecy lookingglass public process participants organizers wanted hear made privy existence cochairs invented rules processes fly suit needs entertainment interests technology companies privately secured promise legal monopoly products press banned fcc admirable tradition seeking weighing public opinion proceedings fcc considers broadcast flag eff hopes start anew setting aside findings bpdg light concerns raised microsoft philips sharp thomson zenith well nonprofit organizations including eff consumers union consumer federation america free software foundation public knowledge digitalconsumerorg center democracy technology computer communications industry association thank attention matter please let know assistance sincerely cory doctorow electronic frontier foundation links effs bpdg blog httpbpdgblogsefforg overview concerns broadcast flag httpbpdgblogsefforgarchivesonepagepdf letter sen hollings httpbpdgblogsefforgarchives000155html letter rep tauzin httpbpdgblogsefforgarchives000156html update intel corp v hamidi intel corp v hamidi appeal california supreme court eff filed amicus brief support ken hamidi aug 6 2002 facts simple two years hamidi six occasions sent email critical intels employment practices 8000 35000 intel employees intel demanded hamidi stop refused intel obtained injunction barring hamidi emailing intel employees intel email addresses based commonlaw tort trespass chattels chattel legal term refers personal property opposed property land effs amicus brief argues three main points 1 intel qualify relief trespass chattels intels email servers harmed hamidis emails intel harmed content hamidis emails affected intel employees sending emails affected functioning intels servers 2 focusing unwanted contact chattel ignoring harm requirement court appeal turned trespass chattels doctrine threatens common internet activity like search engines linking example website posted trespassing sign contact search engine could considered trespass even caused harm 3 court appeal wrongly held injunction infringe hamidis freedom speech first amendment limits private parties legal remedies many areas law libel concern private parties use law suppress criticism principle apply intels claims harm stem meaning hamidis speech links intel v hamidi archive httpwwwefforgcasesintel_v_hamidi end decss author johansens trial rescheduled trial norwegian teen jon johansen created controversial decss software pushed back scheduled heard december 9 2002 oslo norway fall 1999 johansen team reverseengineered content scrambling system css software used encrypt dvds effort build dvd player linux operating system january 2002 norwegian economic crime unit okokrim charged johansen violation norwegian criminal code section 1452 outlaws breaking thirdpartys property order steal data one entitled prosecution marks first time law used prosecute person accessing property dvd johansen faces two years prison convicted prosecution based formal complaint filed motion picture association trial originally scheduled take place june 2002 rescheduled court could find qualified judges hear johansens case case scheduled heard threejudge panel help jon battle hollywood movie studios donate legal defense fund httpwwwefforgsupportjonfundhtml links decssjohansen archive httpwwwefforgipvideodecss_prosecutionsjohansen_decss_case digital rights management archive httpwwwefforgipdrm end bunnie presents paper xbox reverse engineering paper explains flaw videogame security system researcher escapes chilling effect digital copyright law electronic frontier foundation media advisory immediate release thursday august 9 2002 san francisco electronic frontier foundation eff pleased announce former mit doctoral student andrew bunnie huang present paper explaining security flaw microsoft xbox tm videogame system huang present paper keeping secrets hardware microsoft xbox case study 525 pm pdt august 13 2002 2002 workshop cryptographic hardware embedded systems ches 2002 redwood city california aug 1315 2002 xbox security system intended allow people play videogames authorized microsoft huangs paper shows person could defeat system small hardware investment said mit professor hal abelson one huangs advisors importantly paper relates security vulnerability general design flaw shared highprofile security systems governments clipper chip movie industrys contents scrambling system css dvd players huang contacted eff march advisors told preliminary findings raised potentially significant legal questions help boston college law professor joe liu eff worked huang abelson mit administrators analyze legal issues draft letters notifying microsoft huangs research findings intended publication one steps encouraged digital millennium copyright act dmca microsoft told huang abelson might prefer paper published would inappropriate ask mit withhold paper microsoft deserves praise making attempt control publication said abelson response shows value academic freedom appreciate critical role unfettered research publication advancing technology companies reacted otherwise using dmca threaten researchers recording industry association america last year warned princeton professor edward felten research team exposed weaknesses digital music security technologies last month hewlett packard hp threatened research collective snosoft exposing security vulnerability hps tru64 unix operating system soon hp clarified would use dmca stifle research impede flow information would improve computer security huang said glad openly present paper dmca clearly chilling effect work afraid submit research peer review effs efforts clear potential legal restraints researchers analyzing security worrying getting sued said eff senior staff attorney lee tien links release httpwwwefforgipdmca20020808_eff_bunnie_prhtml huangs paper ftppublicationsaimiteduaipublications2002aim2002008pdf ches program httpislaboregonstateeduchesprogramhtml eff unintended consequences three years dmca report httpwwwefforgipdmca20020503_dmca_consequencespdf riaa sues professor edward felten sdmi httpwwwefforglegalcasesfelten_v_riaa article hewlettpackards threatening snosoft httpwwwwiredcomnewstechnology012825429700html end eff thanks defcon eff thanks dark tangent organizers def con x convention generous donation exhibition space def con httpwwwdefconorg def con underground computer security conference held summer las vegas links defcon website httpwwwdefconcom end eff booth linuxworld come visit eff booth 488 linuxworld next week well passing information good cheer slew new stickers august 13 15 10a 5p booth 5 moscone center 747 howard street san francisco ca 94103 links linuxworld conference website httpwwwlinuxworldexpocom floor map eff booth httpwwwlinuxworldexpocomlinuxworldexpov31floorplanfloorplan cvnb97 exbid50 end deep links deep links new department effector featuring noteworthy newsitems victories threats around internet baen books expands fairusefriendly ebook program baen books bind cdrom october 2002 hardcover edition war honor latest volume david webers epic honor harrington spaceopera cd contain least 22 complete novels open formats like html rtf fairusefriendly admonishment disk contents may copied shared sold included disk entire honor harrington series date well titles baen line including keith laumers retief larry niven jerry pournelles fallen angels baen bannercarrier fairuse electronic publishing shipping text html files played multitude devices publishers chosen publish material copycontrolled formats make impossible legally loan resell titles purchase locked specific device cant play every operating system occasionally lock assistive technology like screenreaders employed blind dmitry skylarov russian scientist arrested july 2001 demonstrating endusers could defeat copyprevention employed adobes ebook technology adobe asked fbi arrest skylarov violating digital millennium copyright act dmca makes crime describe techniques circumventing copyprevention technology though skylarov later released employer elcomsoft still facing charges usa russian government issued advisory warning russian scientists steer clear american technical conferences dmca repealed baens statement cd release start playing cdrom fairly extraordinary content writing includes twentytwo unencrypted novels several formats ten honor harrington novels 3 honor harrington anthologies 9 novels friends honor time distribution may well contain twenty novels free stupid codes work around think reason plethora formats try please people want read novels palm pilots textspecialized palmsized devices links baen bookss page war honor httpwwwbaencomorientationhtm slashdot discussion war honor release httpslashdotorgarticleplsid0208032314232modeflattid 149 eff documents dmitry skylarov elcomsoft httpwwwefforgipdmcaus_v_elcomsoft eff documents digital millennium copyright act dmca httpwwwefforgipdmca end singersongwriter janis ian p2p lucid article benefits peertopeer networks form artists perspective httpwwwjanisiancomarticleinternet_debaclehtml end hometown paper discusses rep cobles support berman p2p hacking bill column good representative make bad call httpwwwnewsrecordcomnewscolumnistsstaffcone04htm end administrivia effector published electronic frontier foundation 454 shotwell street san francisco ca 941101914 usa 1 415 436 9333 voice 1 415 436 9993 fax httpwwwefforg editor ren bucholz activist renefforg join eff online make additional donation go httpwwwefforgsupport membership donation queries membershipefforg general eff legal policy online 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