Judge sides with Hollywood in DVD descrambling/DMCA case

2000-08-18 Thread Declan McCullagh




Decision is at:
http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-08117.PDF

Final judgment and order:
http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-08118.PDF



http://www.wired.com/news/politics/0,1283,38287,00.html

Studios Score DeCSS Victory
by Declan McCullagh ([EMAIL PROTECTED])

11:40 a.m. Aug. 17, 2000 PDT
LOS ANGELES -- A DVD-descrambling program is akin to a virulent
Internet epidemic that must be eradicated, a federal judge said
Thursday as he agreed with Hollywood that DVDs must be protected from
decryption and copying.

Comparing the DeCSS utility to a "common-source outbreak epidemic,"
U.S. District Judge Lewis Kaplan said "there is little room for
doubting that broad dissemination of DeCSS threatens ultimately to
injure or destroy plaintiffs' ability to distribute their copyrighted
products on DVDs, and, for that matter, undermine their ability to
sell their products to the home video market in other forms."

The lawsuit, which was filed in federal court in New York, and a
similar one pending in state court in California, are part of an
aggressive campaign by Hollywood to protect its content from illicit
distribution online. The Napster file-trading service has come under
attack, as have iCraveTV and Scour.net.

Kaplan's 93-page ruling against hacker-zine 2600 Magazine, which eight
movie studios sued after it posted DeCSS on its website, likely will
have far-reaching effects in the computer industry.

It prevents 2600 from not only distributing copies of DeCSS, but also
linking to Web pages or areas of a website where it resides. That
could affect other online news organizations, which have occasionally
linked to DeCSS as part of their coverage of the lawsuit.

"I'm very troubled by the implications of the analysis in this case,
particularly with regard to linking," said Stuart Biegel, a senior
lecturer at the UCLA School of Law. "The distinction set forth in this
opinion between different types of linking is a nebulous one."

The Motion Picture Association of America, which has backed the
lawsuit, applauded the ruling.

"Today's landmark decision nailed down an indispensable constitutional
and congressional truth: It's wrong to help others steal creative
works," MPAA president Jack Valenti said in a statement. "The court's
ruling is a victory for consumers and for legitimate technology."

The Electronic Frontier Foundation, which has paid for the legal
defense of 2600 publisher Emmanuel Goldstein, said it would appeal the
ruling.

Kaplan's decision, if upheld on appeal, could endanger not just
websites distributing DeCSS -- and there seem to be thousands of them
-- but efforts by the Linux community to develop an open-source DVD
player.

The LiViD project, for instance, is attempting to build a modular
suite of software DVD players, and to do that, programmers
incorporated the same code used in DeCSS.

Kaplan's order said that anyone acting "in concert" with 2600 is
prohibited from distributing or linking to any program that
circumvents the DVD-protection algorithm called CSS.

"Now the MPAA has an avenue to go around bullying anyone offering the
LiViD project files, simply by making an argument that they're
operating in conjunction with 2600, and 2600 has been enjoined from
posting any CSS code, not just the infamous DeCSS.exe," wrote one
irate poster on an open-source-related mailing list.

[...]




Re: Editorial: Liberals Packing Heat (fwd)

2000-08-18 Thread petro

On Wed, 16 Aug 2000, Missouri FreeNet Administration wrote:

:If they truly believe in getting rid of guns, why don't they start with the
:guns of their body guards?

They [obviously] don't believe in "getting rid of guns": they believe in
getting rid of OUR guns.

I think there is nothing much wrong in that. The problem is not the guns of
a select few who can have real use for them and whose use of weaponry is
tightly watched. The problem is in having everybody from toddlers to
grannies packing heat and using it when somebody steps on their
toes. Somewhat like the situation with drugs - no problem if 10% of the

Except reality doesn't show that.

In the real world, those who are normally law abiding tend 
not to use it when "somebody steps on their toes". In fact, they tend 
to mis-identify targets less often than police officers.

Throughout history, every dictatorship has practiced arms [gun]
confiscation and regulation in order to impede reactionary / revolutionary
backlashes from their crimes - from Ceasar through Hitler, Stalin, and
Clinton.

On the other hand, everyday drive-by shootings and such aren't exactly
pointed towards the powers that be.

No, drive-by shootings *tend* to be targeted at other 
combatants--usually rival gang members or rival drug dealers.

They also tend to occur (at least in the US) in the cities 
with the strictest gun control.
-- 
A quote from Petro's Archives:   ***
Today good taste is often erroneously rejected as old-fashioned because
ordinary man, seeking approval of his so-called personality, prefers to follow
the dictates of his own peculiar style rather than submit to any objective
criterion of taste.--Jan Tschichold




Re: europe physical meeting

2000-08-18 Thread Tom Vogt

Ralf-Philipp Weinmann wrote:
 Yip. Interested. Definitely interested. What happened to that meeting in
 munich ? Do you need any help organizing ?

I didn't get any reply on what's up with the munich meeting, so I guess
it was just a rumour.

if anyone wants to help in the org, I'd be happy.


 Did you announce on the meetingpunks list as well (not subscribed yet,
 just doing that...) ?

nope. what's the address?




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2000-08-18 Thread myforums

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Re: MPAA Wins New York DeCSS Case

2000-08-18 Thread John Young

Kaplan's overt prejudice from day one surely diminished
respect for federal justice. I had not seen such behavior
before in New York. And when the prejudice was flaunted
increasingly during trial it occurred to me that he was 
diabolically aiming to show just how biased the DMCA 
is toward the copyright industry. A kind of reverse or
rather perverse judgmentalism to send a message to
Congress and its lobbyists that they could not get away
with racketeer influenced organized crime, not on his
watch.

But perhaps, I now think, I was being too understanding
of Kaplan, too forgiving of his one-sided behavior. For it
is possible, I tell myself, that Kaplan was showing a modern
face of old time corrupt justice, that the fix was in from day
one. That would also account for his implacable opposition
to the defense, the lackadaisical presentations of the
plaintiffs, his repeated rulings in favor of the plaintiffs, the
personal attacks on Garbus by Kaplan during trial, Kaplan's 
rudeness toward Robin Gross and Allonn Levy at the PI
hearing, and the contempt he displays in his decision
for the defendants and disparagement of supporters.

Kaplan blatantly uses the DMCA to cloak his foregone
conclusions as in days of old judges quoted the law to
justify criminality of those in power to hold maintain their
power.

Running a court across the street from Little Italy may not be 
grounds for associating Kaplan with organized crime, but his 
decision speaks to me for such a tie with the copyright industry 
and its Congressional supporters being foregone.

Yes, hatred of prejudice in such corrupt judges, and contempt
for their courts, is right and just.


At 01:57 PM 8/17/00 -0400, you wrote:
I hate Judge Kaplan.

Eric Grimm




bombs

2000-08-18 Thread JulieSuzie

could you tell me where to  buy any books on how to make pipe bombs




Re: bombs

2000-08-18 Thread Anonymous

 could you tell me where to  buy any books on how to make pipe bombs

A plea to the FBI Education Commission:

Please do update provocateur procedures as far as electronic forums
are concerned. You are insulting us and forcing us to lower already
low regard for the institution you are associated with. I am ashamed
when talking about this with my overseas friends, because even Belgian
police have better stature.




Re: trial panic?

2000-08-18 Thread Tom Vogt

Benjamin Huth Byer wrote:
  does anyone know the traffic on 2600.com ? I wouldn't be surprised if
  they get the peak of their life.
 
 No, and nobody ever will.  The MPAA tried to make an issue of this --
 "surely DeCSS is making you popular!"  The response was that 2600 keeps no
 logs and does no analysis whatsoever, probably for that reason.

probably also in order to stop any "discovery" cold. I know that I kill
my xferlog regularily.
which, incidently, made me lie in the earlier post. that ~3000 downloads
wasn't "this month". it was "since I deleted the xferlog last time". the
actual number is closer to 5 or 6k, going from what data I have.




Investors Forecast.com Merges With ePredict.com!

2000-08-18 Thread epredict.com

As you know, for a variety of reasons InvestorsForecast.com suspended operations
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=
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anything is speech - here is the proof

2000-08-18 Thread Tom Vogt

you'll find a small piece of software attached. from the README:


the purpose of this program is to demonstrate that ANYTHING is speech, or
can be expressed as speech. one of the wordlists supplied as examples is
the US constitution. using dox, you can express decss, or cookie recipes,
or kiddie porn, or the president's latest speech, or anything else into
different minced-up versions of the constitution.

what are you going to outlaw?
dox/undox? half a page of code that anyone with half a brain can recreate
within a few minutes?
the constitution?
the constitution, mixed up?

in addition, is distributing the constitution now illegal under DMCA since it
constitutes (pun intended) a "circumvention device" for my "encryption"?




I know there is at least one other program on the web that turns source
code into english poems. however, dox works on BINARY files, and using the
constitution, or the MPAA/DVDCCA's own legal documents as the wordlist just
add's a nice touch for those extra style points.

the program and idea is hereby donated to the public domain.


-- 
"The net treats censorship as a malfunction and re-routes around it."
(John Gilmore)

 dox.tar.gz


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Focus on the Fed's Monetary Policy

2000-08-18 Thread WSC-Analysis

The Week Ahead

This Week: Focus on the Fed's Monetary Policy

1.  Introduction
2.  Earnings Releases
3.  Economic Releases
4.  Stock Splits
5.  Initial Public Offerings
6.  Disclaimer

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will be the maim focal point of the financial markets.  The 
Fed is expected to leave rates unchanged, as the economy 
continues to expand without signs of creeping inflation. 
Look for sustained rallies in the equity markets following 
the conclusion of the Fed's meeting on the 22nd.  The dollar 
is also likely to benefit from the attractiveness of U.S. 
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Although there are no truly market-impacting types of 
companies reporting earnings next week, several rapidly 
growing companies such as Sycamore Networks {SCMR} 
(Thursday), Intuit {INTU} (Tuesday), Finisar {FNSR} 
(Tuesday), Va Linux {LNUX} (Wednesday), Nvidia {NVDA} 
(Monday), Puma Technology {PUMA} (Thursday), and Krispy 
Kreme Doughnuts {KREM} (Monday) are reporting next week. 
Estimates call for Va Linux, Intuit, and Puma to lose $.15,
$.09, and $.11, respectively, in their fourth quarters. 
On the fiber optic front, Sycamore is expected to have 
earned $.06 in its fourth quarter and estimates call for 
Finisar to have earned $.02 in its first quarter.  For its 
third quarter, Nvidia is expected to earn $.26 after earning
$.095, $.145, $.195, $.235 respectively (in order of 
occurrence) in its last four quarters.  Nvidia's strong 
sequential earnings growth is even more impressive when 
considering that this graphics chipmaker has not yet started 
shipping chips for Microsoft's {MSFT} highly-anticipated 
X-box.  The Xbox is an Internet device (slated for release 
next fall) that will offer game playing, Web access, and DVD 
capabilities.  However, Microsoft did pay Nvidia $200 million 
as an advance in March.  For a non-tech stock, Krispy Kreme 
Doughnuts is expected to earn $.18 in its second quarter.

To view the full slate of earnings releases, click the link
below.

http://www.wallstreetcity.com/news/earning_release.asp?week=2type=2

To view more detailed information on The Week Ahead, click 
the link below and then click on The Week Ahead column.

http://www.wallstreetcity.com/markets/markets_main.html


3.  Economic Releases

Next week's major economic data begins with Tuesday the 
22nd's Federal Open Market Committee (FOMC) - the Federal 
Reserves policy-making arm - decision on interest rates. 
Market consensus is calling for the FOMC to maintain its 6.5 
percent target for the fed funds rate, and 6 percent target 
for the discount rate. Look for a sustainable equity market 
rallies once the Fed announces its decision to leave rates 
intact.Jobless claims and durable goods orders are slated 
for release on the Thursday the 24th. Durable goods orders 
are expected to show a decline of 0.6 percent for the month 
of July, off sharply from a 9.7 percent increase in July. 
The week's major economic data closes out with the gross 
domestic product (GDP), GDP price deflator, a measure of 
inflation, and existing home sales. GDP is forecasted to 
post unchanged at 5.2 percent for the second quarter, with 
the GDP price deflator also posting unchanged at 2.5 percent 
for the quarter.  Existing home sales are expected to have 
fallen to 5,200,000 units in July, off from 5,230,000 the 
prior month.

REPORT  DATETIME
--
FOMC Rate Decision  8/228:30 a.m. EDT
Jobless Claims  8/248:30 a.m. EDT
Durable Goods Orders    8/248:30 a.m. EDT
GDP 8/258:30 a.m. EDT 
GDP Price Deflator  8/258:30 a.m. EDT
Existing Home Sales 8/258:30 a.m. EDT

Re: Editorial: Liberals Packing Heat (fwd)

2000-08-18 Thread R. A. Hettinga

At 9:42 PM -0700 on 8/17/00, Tim May trolled:


 Bob Hettinga, who used to practice this same kind of "why can't you
 write the kind of articles I _like_!" pressuring

Oh. Pressuring. *That's* what it was...

I stand corrected.

;-).

Cheers,
RAH
Who agrees with Tim more often than he'd like to admit, frankly...
-- 
-
R. A. Hettinga mailto: [EMAIL PROTECTED]
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'




trial panic?

2000-08-18 Thread tom


it seems the trial result will do the opposite of what the MPAA is
hoping for, at least in the short term.

if the MPAA truly believes, as judge kaplan put it, that decss is an
epidemic spreading around the web, then the trial result gave it a
giant boost.

I'm running a high-profile DeCSS site, referenced in lots of news
articles and one of the 23 named defendants in the california case.

I have had around 3100 downloads of DeCSS from my site this month.
2400 of them within the past 19 hours. (*)

my website has seen a similiar increase in traffic - the day still has
5 hours, and if it keeps going I will have received as much hits on the
DeCSS directory today as I've seen the whole month before.


does anyone know the traffic on 2600.com ? I wouldn't be surprised if
they get the peak of their life.



the horse was out of the barn for a long time, but with the ruling
today, it's clear that it's not even in the country anymore.



(*)
add one hundred to that. 100 people downloaded DeCSS from my site alone
while I was writing this mail. this is just insane. someone please buy
the MPAA a clue or two.




Re: Editorial: Liberals Packing Heat (fwd)

2000-08-18 Thread Tim May

I wrote a few minutes ago:

fascist-units. About the only judge I know the name of, aside from 
the Supremes, is Judge Bader, because of Napster, the crypto speech 
case, and because I attended one of her sessions a few years ago. No, 
I have no plans to kill her.

--end excerpt--

A brain fart. I meant to write "Judge Patel." Ruth Bader Ginsburg, or 
Bader-Ginsburg, or whatever, is one of the Supremes.

--Tim May



-- 
-:-:-:-:-:-:-:
Timothy C. May  | Crypto Anarchy: encryption, digital money,
ComSec 3DES:   831-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
"Cyphernomicon" | black markets, collapse of governments.




Re: Editorial: Liberals Packing Heat (fwd)

2000-08-18 Thread Tim May

At 12:39 PM -0400 8/18/00, R. A. Hettinga wrote:
At 9:42 PM -0700 on 8/17/00, Tim May trolled:


  Bob Hettinga, who used to practice this same kind of "why can't you
  write the kind of articles I _like_!" pressuring

Oh. Pressuring. *That's* what it was...

I stand corrected.

;-).


To elaborate a bit on my point, I often get comments in personal 
e-mail and sometimes here on the list along these lines: (this is 
from memory, though I could spend a few hours digging up several 
actual examples if I cared to)

"Tim, I like a lot of your stuff, but I really wish you'd write more 
about cryptography and less about politics."

""Hey, guns kill people! Why can't you advocate using crypto for 
helping people?"

"In recent months your words have become racist and hateful."

"I wish you would write more of the stuff I like."


It's natural that people will take issue with one or more points of 
view from anyone who has strong opinions and the willingness (and 
economic freedom) to express them.


I cherish the First Amendment. This means the government may not act 
in any way to restrict my words, whether they are sexist, racist, 
speciesist, ageist, or revelatory of supposed government secrets. In 
very limited cases they may act to suppress speech--so the theory 
goes--involving very direct threats against certain specific persons. 
Supporting McVeigh's actions, or Oswald's removal of a simp-wimp, 
does not fall into this category. Calling for the death of 
burrowcrats in general does not either. "First, kill all the lawyers" 
and "Hang them all" is quite clearly political speech. And much more 
common in America in the past that the PC Police would like to 
believe.

What _might_ fall into this category? Besides words spoken about the 
sitting President and specific other senior officials, naming the 
specific names of judges, FBI officials, etc., and calling for action 
against them _might_ trigger legal action. Under the umbrella of 
"threatening" and "inciting" and suchlike general terms. This is, as 
I've said before, one reason I make it a point not to even know the 
names of judges and their kind; the U.S. Marshals Service and the DOJ 
released a report that I was planning to kill a federal judge 
somewhere up in Washington state. A ludicrous attempt to trigger me 
into some action, I believe. I had never heard of this judge, and 
make it a point not to track individual fascist-units. About the only 
judge I know the name of, aside from the Supremes, is Judge Bader, 
because of Napster, the crypto speech case, and because I attended 
one of her sessions a few years ago. No, I have no plans to kill her.

It's gotten bizarre in the last few years as more and more political 
groups and liberals (and conservatives, too) have called for 
limitations on speech. And as people have increasingly claimed that 
_words_ constitute violations of someone's freedom. And then there's 
the paranoid atmosphere. (A lawyer who reads this list has offered to 
serve in some capacity as my defense lawyer during the "show trial" 
which he says he thinks is coming.)

OK, what about action by my employer against my speech? What about 
action by my ISP? What about action by the list owner?

First, no employer. I can say what I wish without getting a call from 
the Director of Human Relations inviting me to attend a voluntary 
mandatory Sensitivity Training Workship. Second, my ISP doesn't care 
what I say. Unlike AOL, they understand that screening words for 
"hate speech" is a losing proposition, and one counter to the 
_spirit_ of free and open debate which once made this nation great.

Third, the Cypherpunks list cannot do anything about my speech 
because of its present organization. Speech controls were tried a few 
years back, as most of you know.

In summary, I write what moves me. I don't write to recruit nattering 
nabobs who need a sugar-coated version of libertarianism and crypto 
anarchy because they are in favor of gun control, or laws against 
hate speech, or even because they think the focus of the list should 
be on geodesic global fractional clearing or whatever the buzzword du 
jour is.

I write to express what I think, as an outlet. Don't like my words? 
Don't read them.

To paraphrase Scoop Nisker, "If you don't like the words, go out and 
write some of your own."

(This is a general comment, not directed at Bob Hettinga, who 
certainly writes enough of his own words.)

--Tim May
-- 
-:-:-:-:-:-:-:
Timothy C. May  | Crypto Anarchy: encryption, digital money,
ComSec 3DES:   831-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
"Cyphernomicon" | black markets, collapse of governments.




Re: trial panic?

2000-08-18 Thread Benjamin Huth Byer



On Fri, 18 Aug 2000 [EMAIL PROTECTED] wrote:

 does anyone know the traffic on 2600.com ? I wouldn't be surprised if
 they get the peak of their life.

No, and nobody ever will.  The MPAA tried to make an issue of this --
"surely DeCSS is making you popular!"  The response was that 2600 keeps no
logs and does no analysis whatsoever, probably for that reason.

Ben