Re: DeCSS, crypto, law, and economics

2003-01-08 Thread Steven M. Bellovin
In message [EMAIL PROTECTED], Perry E. Metzger writes:


I don't know anyone who trades video files -- they're pretty big and
bulky. A song takes moments to download, but a movie takes many many
hours even on a high speed link. I have yet to meet someone who
pirates films -- but I know lots of hardened criminals who watch DVDs
on Linux and BSD. I'm one of these criminals.

I'm 100% certain it's happening, today.  And -- dare I suggest that the 
industry is being farsighted in anticipating higher bandwidth, and 
wants to close the barn door *before* the horse's image is stolen?


--Steve Bellovin, http://www.research.att.com/~smb (me)
http://www.wilyhacker.com (2nd edition of Firewalls book)



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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread Sandy Harris
Pete Chown wrote:


John S. Denker wrote:


Note that in the absence of market segmentation,
the society as a whole is worse off.



I see what you mean, but do you think it applies to DVDs?  The 
segmentation needs to be in each market, between rich and poor 
consumers.  What we actually have is segmentation between markets, say 
Europe and the US.  Europe and the US have similar income per head, 
but various obscure factors cause products like DVDs to be more 
expensive in Europe.

The other interesting thing about market segmentation is that it is 
often illegal.  Britain's competition law is being reformed in summer 
this year.  Running a cartel will become a crime, in addition to the 
current civil penalty regime.  It will also become possible to bring 
private anti-trust suits.  In other words we are moving towards the 
American model of anti-trust.

I intend to make a complaint about DVD region coding, and I will wait 
until the summer because the prospect of going to prison will add some 
extra pizazz for the defending team.  Don't get too excited, though, 
it isn't always easy to get these things moving in the UK.  Read about 
the Walls Ice Cream case if you're curious... 

I've tried to do that in Canada, without a lot of success. See this 
mailing list post:
http://www.digital-copyright.ca/discuss/40

Since I'm now teaching English in China, I am not following up on it. 
See the rest
of that list's archive, or ask on that list, to see if others are.

One interesting result I did get was having a Canadian civil servant 
gleefully
point me to information on what the aussies were up to. See this post:
http://www.digital-copyright.ca/discuss/17

For UK stuff, see:
http://www.theregister.co.uk/content/archive/9348.html
http://www.theregister.co.uk/content/archive/9357.html


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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread bear


On Tue, 7 Jan 2003, alan wrote:


 Not to mention the two seasons of Futurama that are only available
 on Region 2 PAL DVDs.  (Or the other movies and TV shows not allowed
 by your corporate masters.)  They Live is another film only
 available from Region 2.  Maybe it tells too much about the movie
 industry...

This makes an interesting point.  While the argument that market
segmenting may increase the ability to provide material in all
markets, the fact is that given region coding, the producers of
this stuff *DON'T* provide the material in all markets.

If their argument, that the increased market size available with
region coding enables economies of scale, were actually the driving
force behind region coding, there should be no such thing as content
available in one region that is unavailable in another.

Thus their actions betray that they have a different motive. Therefore
the public skepticism regarding the truth of their assertions about
their motivations seems fairly solidly grounded on fact.

Bear

( who likes a fair amount of stuff that is only available
  coded for region 6 ).






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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread James A. Donald
--
I wote:
 I pirate films routinely

 Correction.  I watch made for TV shows distributed through the
internet routinely.

Full length films are not shared to any great extent, because
their sheer size makes them such a pain. 

--digsig
 James A. Donald
 6YeGpsZR+nOTh/cGwvITnSR3TdzclVpR0+pr3YYQdkG
 gUT7fZ6Trnc/9Kb/H1Fuuj0atdyZ+LqudqxXb84E
 4Wfqp3BAtgVYkqbEMsnlaP6ulQPgSL1YCQwZh8LlS


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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread Pete Chown
Eric Rescorla wrote:


No, this isn't true. Say that Americans are willing to pay 50% more
for DVDs than Europeans. It would make sense for producers to attempt
to segment the market.


You are right that producers would want to segment the market, but we 
have no reason to introduce extra laws to help them.  We would only have 
a reason to do that when segmenting the market results in greater 
efficiency, not merely greater profits.

With DVDs we have a complex situation.  Supposedly studios can make more 
per film, so they can afford to make more marginal films.  Also more 
people are offered films at a price they can afford.  Oddly, in practice 
it doesn't seem to work this way.  Films tend to be launched in the US, 
which is one of the lowest cost markets.  Films that do badly could 
theoretically be released at a higher cost in other markets, to recoup 
the expenditure through differential pricing.  In practice they seem to 
be dropped.

Coupled with this, we have the negative effect on the technology 
industry that results from DRM.  A small efficiency gain for the content 
industry could become a large efficiency loss for the technology 
industry.  Suppose that open source operating systems were technically 
able to play DVDs but were prohibited from doing so by law.  Suppose 
also that open source was a much more efficient economic model.  You 
would now have a more classic case of market distortion, which also 
gives rise to inefficiency.

One last point is that governments serve the interests primarily of 
their own people.  So the job of Britain's government is to get me, and 
other Brits, the best possible deal on films within the UK.  This might 
mean balancing the interests of British consumers against British film 
producers.  It doesn't mean balancing British consumers against foreign 
film producers.  If no films were made in Britain, the government would 
logically insist on a completely free market that allowed parallel 
imports and circumvention measures.

I don't speak for Mr. Denker, but the point I think is relevant here
is that there are a fair number of situations in which removal of
some freedom would result in a superior situation for everyone
(Pareto-dominant). I'm not convinced that maximising freedom
is the best approach in all such cases.


I agree; for example copyright itself is a restriction on commercial 
freedom in a sense.  You have to weigh up the pros and cons in each 
case.  For me the collateral damage from DRM and region locking is 
simply too great, and so I believe it should be prohibited (or that 
people should be allowed to circumvent it, which would have the same 
effect).

--
Pete


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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread John Gilmore
 The truly amazing thing about this case is that the
 crime would not have occured if the studios had used
 decently-strong crypto.  It's ironic that in an age when
 for cryptographers enjoy a historically-unprecedented
 lopsided advantage over cryptanalysts, the industry
 adopted a system that could be cracked by amateurs.
 This probably wasn't simply due to stupidity in the
 industry; it is more plausibly attributed to stupidity
 in the US export regulations which induced the industry
 to use 40-bit keys.

Actually, the scheme was invented in Japan, and the
predecessor-in-interest to the DVD-CCA, Matsushita, designed it to
be weak because Japanese export laws prevented the export of more than
40-bit encryption.

The US had pressured Japan to impose 40-bit crypto export controls.
The Japanese laws didn't change, even after EFF's Bernstein lawsuit
and commercial firms' political pressure forced US policy to become
sensible.  Last I heard, crypto export is still a morass in Japan.

 US law is not the same as Norwegian law.  You should
 not imagine that this case sets a precedent for US
 courts.

Correct, but.  One of the basic prongs of the entire DVDCCA trade
secret series of cases was that the reverse-engineering had been
illegal in Norway.  If it wasn't illegal to do it, it wasn't illegal
to reproduce the results of it.  Since Norwegian courts have
determined that it wasn't illegal to reverse-engineer it, there is no
case against any of the defendants.  Like Matt Pavlovich, Andrew
Bunner, and many dozens of other people who DVDCCA have been trying to
drag into California courts.  You may not have noticed, but EFF and its
pro-bono partners have been spending major time on winning these cases.
The Norwegian decision will make it much easier.

 For normal products, market segmentation is neither
 forbidden by law nor protected by law.  ...  The law is silent on
 the issue.

This is false.  Market segmentation by country is deliberately
outlawed by free trade laws and treaties, which exist to benefit
consumers by letting them import whatever products they want from
other countries.

For example, in New Zealand, the DVD region-code system was
found to violate their free-trade laws, and therefore New Zealand
never permitted one-region players to be sold there.

The Coors brewery tried to limit distribution of their beer to certain
Western states.  They failed.  My local liquor store in Washington, DC
made a ton of money bringing in semi-loads of Coors, in violation of
Coors company policy, and selling them to thirsty expatriate Rocky
Mountainers.

Similarly, the US Supreme Court recently struck down laws in many US
states that prohibited the interstate purchase of wine and other
products.  These laws were all designed to benefit local producers, at
the expense of local consumers.  Most of these laws were wrapped up in
a cloak of consumer protection against shoddy products or
protection of minors but it was easy to pierce that veil to see the
monopoly interest.

(This is not to say that market segmentation is dead in the US!  Many
continue.  The federally supported Milk Compact deliberately
segments the New England market and costs consumers of milk many
billions of dollars per year.  The federal DMCA has nothing to do with
protecting copyrights and everything to do with protecting monopolies,
as the judge agreed in the 2600 case.  Many state and local laws
continue to restrict entry into fields such as lawyering, surveying,
haircutting, and even carpentry (union shop laws).  Producers are
always looking for political opportunities to outlaw their
competition, and there are always corrupt people inside governments,
who are happy to oblige.)

 We should try to avoid overwrought arguments about the
 morality of market segmentation and/or arbitrage.

Unfortunately you set the wrong tone by starting as apologist for it.

 In fact it is easy to demonstrate that _some_ market
 segmentation is good for society as a whole.

The kind of segmentation your graphs rely on can easily be created
by *time* segmentation.  Producers start off charging high prices for
their goods, and then gradually reduce the prices as they ramp up
volumes, pay off their startup costs, learn the desires of their market
better, etc.  This gets the social benefit you desire, without propping
up any artificial forms of segmentation.

Of course, there are always people who will claim that people aren't
free to change their prices up or down over time.  (After the
earthquake, according to those folks, bottled water should sell for
the same price as before, even if at that price the entire supply has
sold in two hours, to the people who value the water least.)

 The closest they could come was to make it slightly hard
 to get a _multi-region_ player.  The manufacturers of
 player hardware had to do the studios' bidding because of
 the the controversial (to say the least) anti-circumvention
 provisions of the 1998 DMCA law.

That's not actually true. 

Re: DeCSS, crypto, (regions removed??!)

2003-01-08 Thread Martin Olsson
Hi,

I dont know if this is relevant to the discussion, but in Sweden (not a 
region-1 country) people where so pissed at the regionsystem (and the fact 
that most computer geeks could go around it, but the average person could 
not) that the whole region concept had to be removed. Ie. this forced the 
large companies to rethink and nowadays we have commercial region-free DVD 
players in most stores.

It's a bit of a laugh that they now list Region free as a feature to 
increase sales.



Regards,
/m
-
__,,,^..^,,,_
Give a man a fish and you feed him for a day;  teach him to
use the Net and he wont bother you for weeks. --unknown


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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread Eric Rescorla
Pete Chown [EMAIL PROTECTED] writes:
 One last point is that governments serve the interests primarily of
 their own people.  So the job of Britain's government is to get me,
 and other Brits, the best possible deal on films within the UK.  This
 might mean balancing the interests of British consumers against
 British film producers.  It doesn't mean balancing British consumers
 against foreign film producers.  If no films were made in Britain, the
 government would logically insist on a completely free market that
 allowed parallel imports and circumvention measures.

Maybe. Not necessarily if that meant that no new movies ever got
made. Now, the UK isn't a big enough market for this, but consider
what would happen if the US said listen, free drugs would be great
for consumers so let's get rid of all drug patents. This would
probably dramatically increase social welfare at the moment, since
there are quite a few people who would buy drugs if they were
cheaper. (It's of course not Pareto dominant). However, it seems
likely that this would have such a negative effect on future
production that it would lower social welfare in the future.

-Ekr

-- 
[Eric Rescorla   [EMAIL PROTECTED]]
http://www.rtfm.com/

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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread bear


On Wed, 8 Jan 2003, Pete Chown wrote:


One last point is that governments serve the interests primarily of
their own people.  So the job of Britain's government is to get me, and
other Brits, the best possible deal on films within the UK.  This might
mean balancing the interests of British consumers against British film
producers.  It doesn't mean balancing British consumers against foreign
film producers.  If no films were made in Britain, the government would
logically insist on a completely free market that allowed parallel
imports and circumvention measures.

Ah, but you're forgetting the whole globalization issue.

Governments aren't answering to their own people any more; they're all
striving to become a part of the new world order where a norwegian
can be brought to court for a supposed violation of american copyright
laws or where the Russian Dmitri Sklyarov can be jailed in the USA for
DOING HIS JOB IN RUSSIA.  We're moving forward into a glorious new
world where governments can impose laws upon their own people, not by
the fickle and divisive will of those governed, but rather in response
to international treaties and agreements with other nations promoting
global unity and harmony.

Cryptography is a part of that wonderful vision...  if the people of
different nations can be prevented from communicating effectively with
one another, or exercising their freedoms in ways that affect one
another, then effective opposition to global unity may be reduced, and
we can all become better servants and markets to our corporate
masters.

All power to the dromedariat!

Bear

PS.  If you happen to be mentally defective, you may not recognize
the foregoing as sarcasm.  Please take this into account when
composing your reply.


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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread Ed Gerck


Nomen Nescio wrote:

 John S. Denker writes:
  The main thing the industry really had at stake in
  this case is the zone locking aka region code
  system.

 I don't see much evidence for this.  As you go on to admit, multi-region
 players are easily available overseas.  You seem to be claiming that the
 industry's main goal was to protect zone locking when that is already
 being widely defeated.

 Isn't it about a million times more probable that the industry's main
 concern was PEOPLE RIPPING DVDS AND TRADING THE FILES?

Well, zone locking helps curb this because it *reduces* the market for each
copy. The finer the zone locking resolution, the more effort an attacker needs
to make in order to be able to trade more copies.

Cheers,
Ed Gerck


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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread Eric Rescorla
Karsten M. Self [EMAIL PROTECTED] writes:
 on Tue, Jan 07, 2003 at 04:10:27PM -0800, Eric Rescorla ([EMAIL PROTECTED]) wrote:
  However, if he can price discriminate, he can sell two copies,
  one at 3 and one at 6. This makes it profitable for him to
  produce the book.
 
 ...and the usual mechanism is to produce various versions of the book:
 
   - A premium hardcover.
   - A trade paperback.
   - A pulp paperback.
   - A premeium, leather-bound, acid-free archival quality, hand-signed,
 and specially illustrated, collectors edition.
Well, that's certainly one option. However, there are certainly
other examples, such as senior citizens discounts. 

 Where I see a fundamental conflict on the two classic cypherpunk issues
 of free access to data, but protection of privacy, is this:
 
   - Much of the fair use / DRM industry activity seeks to limit
 access to data which is inherently public.
 
   - Much of the privacy debate (now wrapped in the mantel of national
 security, though marketing data still plays a major role) seeks to
 make public data which is inherently private, anonymous, or both.
 
 I see the traditional cypherpunks line in both cases as being more
 closely aligned with natural state -- how things would be without
 major intervention -- and thus more sympathetic.

I think part of the point here is that legal measures to enforce price
discrimination might well be Pareto-dominant in some cases. When
there is a conflict between liberty and Pareto dominance, economists
get a headache. [1]

-Ekr

[1] Obligatory reference. Amartya Sen On the impossibility of the 
Paretial liberal.

-- 
[Eric Rescorla   [EMAIL PROTECTED]]
http://www.rtfm.com/

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Re: Pretty Good Update for E-Mail Privacy

2003-01-08 Thread Udhay Shankar N
At 10:03 AM 1/7/03 -0500, R. A. Hettinga wrote:


http://www.washingtonpost.com/ac2/wp-dyn/A8488-2003Jan3?language=printer

washingtonpost.com

Pretty Good Update for E-Mail Privacy


snip

Are there any reasonably up-to-date comparisions of PGP and GPG around? 
*Especially* with regard to the setup and UI issues.


Udhay

--
((Udhay Shankar N)) ((udhay @ pobox.com)) ((www.digeratus.com))


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[p2p-hackers] Anonymity tutorial at MIT, Wed Jan 15, 7-10pm (fwd)

2003-01-08 Thread R. A. Hettinga

--- begin forwarded text


Status: RO
Mailing-List: contact [EMAIL PROTECTED]; run by ezmlm
Date: Wed, 8 Jan 2003 23:38:14 +0100 (CET)
From: Eugen Leitl [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: [p2p-hackers] Anonymity tutorial at MIT, Wed Jan 15, 7-10pm (fwd)



-- 
-- Eugen* Leitl a href=http://leitl.org;leitl/a
__
ICBMTO: N48 04'14.8'' E11 36'41.2'' http://eugen.leitl.org
83E5CA02: EDE4 7193 0833 A96B 07A7  1A88 AA58 0E89 83E5 CA02
http://moleculardevices.org http://nanomachines.net

-- Forwarded message --
Date: Tue, 7 Jan 2003 22:58:53 -0500
From: Roger Dingledine [EMAIL PROTECTED]
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: [p2p-hackers] Anonymity tutorial at MIT, Wed Jan 15, 7-10pm

[Please forward anywhere you think might be interested. And if you're
a p2p-hacker in Boston, come and meet some of the others.]

I'm doing a tutorial on anonymity designs, as part of the MIT I/S series
of talks this January. It will be along the lines of my Blackhat and
Defcon talks from August, but going into more detail. We'll likely have
some form of refreshments.

The room is plenty big, so feel free to show up, and bring plenty
of questions. I'll adapt the material based on audience clue and
interests. Please forward this to other relevant/interested lists.

  Why is anonymity so hard?
  Roger Dingledine
  Wednesday, Jan 15, 7-10pm
  MIT Room 54-100 (http://whereis.mit.edu/bin/map?locate=bldg_54)
  Open to the public

With reasonable anonymity designs that are decades old, it seems
clear that we should have a reliable, secure, and ubiquitous anonymity
network by now. But apart from the purely technical challenges, there
are social barriers as well. The complexity of distributing trust,
problems funding the infrastructure or getting volunteers to run it,
and challenge of making users comfortable all conspire to make deploying
a strong anonymity system very difficult.

I'll start with a crash course on anonymity designs, and compare ease of
deployment based on the above issues. I will focus on Mixminion, a new
message-based anonymous remailer protocol and Onion Routing, a low-latency
stream-based anonymous communication system. I'll also spend some time
talking about the link padding / dummy traffic problem. Throughout, I'll
share some intuition about how to break these systems and how to fix them.

___
p2p-hackers mailing list
[EMAIL PROTECTED]
http://zgp.org/mailman/listinfo/p2p-hackers

--- end forwarded text


-- 
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The Internet Bearer Underwriting Corporation http://www.ibuc.com/
44 Farquhar Street, Boston, MA 02131 USA
... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience. -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread Matt Blaze
  Isn't it about a million times more probable that the industry's main
  concern was PEOPLE RIPPING DVDS AND TRADING THE FILES?
 
 Well, zone locking helps curb this because it *reduces* the market for each
 copy. The finer the zone locking resolution, the more effort an attacker needs
 to make in order to be able to trade more copies.

Huh?  DVD region coding doesn't prevent this at all; ripped decrypted
DVD mpeg files could be played anywhere.

The DVD region code scheme would, however, be mildly effective in reducing
the utility of (encrypted) DVD images by making them playable only on
players from the original market.  But as others have pointed out, there
aren't any consumer DVD writers that can write out an entire image, so
this wouldn't happen anyway with current products.

By the way, import region-free DVD players *are* available, quite
legally, within the US, as are non-region 1 disks.  Kim's video in NYC
is one source.  They are all unfamiliar off brands, however - you won't
find Sony or Matsushita (deliberately) producing one.  The main reason such
players aren't more popular or commonly available here is not the DMCA,
but rather lack of consumer demand.  Most popular movies are available and
cheapest on a region 1 version of the release. It's people outside North
America who buy most of the multi-region players, primarily to take
advantage of the region 1 market.  North American consumers of multi-region
players and other regions' disks are mostly just fanatics like me who
have less mainstream taste and want the few disks that aren't available
for region 1.





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Re: DeCSS, crypto, law, and economics

2003-01-08 Thread Sandy Harris
John Gilmore wrote:


For normal products, market segmentation is neither
forbidden by law nor protected by law.  ...  The law is silent on
the issue.
 


This is false.  Market segmentation by country is deliberately
outlawed by free trade laws and treaties, which exist to benefit
consumers by letting them import whatever products they want from
other countries.

For example, in New Zealand, the DVD region-code system was
found to violate their free-trade laws, and therefore New Zealand
never permitted one-region players to be sold there.

Can you cite a reference for that? I saw a claim about it on the 
opendvd.org
web site some time back and tried to confirm by talking to the NZ embassy
in Canada and then to someone in NZ that they referred me to. No-one I
spoke to knew of such a law or ruling.

New Zealanders I've spoken to do say players sold there are typically
region-free.

Australia's Competition Commissioner has done some good
stuff on this:
http://www.accc.gov.au//fs-search.htm

To quote two speeches from that site:

Difficulties between the pro-competitive community and Intellectual Property
Mr Ross Jones, Commissioner
Australian Competition  Consumer Commission

| Australian consumers are currently suffering from an international cartel that
| restricts their access to digital versatile discs (DVDs). The cartel, headed
| by major film studios in agreement with the manufacturers of DVD players, has
| divided the world into regions. This ensures that DVDs on sale in Australia
| will only function on a DVD player licensed for region 4 that includes Australia.
| The stated aim is to protect cinema ticket sales by preventing people viewing
| movies on DVDs in their homes before distribution to cinemas. The Australian
| subsidiaries of US film companies have been requested by the Commission to 
| explain their actions. It will then decide what action can be taken.

Globalisation and Competition Policy
Professor Allan Fels, Chairman
Australian Competition  Consumer Commission

| The Commission has requested the Australian subsidiaries of United States film
| companies to explain why their regional restrictions on DVDs should not be deemed
| a breach of the Trade Practices Act 1974. ...
|
| The Commission believes RPC is anti-competitive with Australian consumers lacking
| a choice of DVD videos and possibly paying higher prices.

These documents are a couple of years old. Does anyone have more recent news
from Oz? In particular, how did the cartel respond to these questions 
and has the
Commission actually taken any action against them?



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