

Sony uses DMCA to silence speech that reveals its security flaws - grellas
https://www.eff.org/deeplinks/2011/01/sony-v-hotz-sony-sends-dangerous-message

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ijuhyftgreduy
"Sony is also bringing a slew of outrageous Computer Fraud and Abuse Act
claims.... Simply put, Sony claims that it's illegal for users to access their
own computers in a way that Sony doesn't like. Moreover, because the CFAA has
criminal as well as civil penalties, Sony is actually saying that it's a crime
for users to access their own computers in a way that Sony doesn't like."

Aren't Sony convicted computer hackers for their little cd+rootkit adventure?
Did any CEO do time for that?

~~~
Joakal
"According to the proposed settlement, those who purchased an XCP CD will be
paid $7.50 per purchased recording and given the opportunity to download a
free album, or be able to download three additional albums from a limited list
of recordings if they give up their cash incentive."

"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.""

<https://secure.wikimedia.org/wikipedia/en/wiki/Sony_rootkit>

~~~
btilly
Wouldn't it be wonderful if that court case got cited in this new case? It
could both serve to argue against Sony's claim that consumers don't have the
right to tinker with their product after sale, and as a demonstration of the
importance of giving security researchers freedom to study consumer products.

~~~
rbanffy
> the importance of giving security researchers freedom

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.

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wtallis
It looks like Pamela Jones of Groklaw plans to cover this case in full. Based
on her reporting, it doesn't look like things are going well for Sony so far:

<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.

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te_platt
Does anyone here know what restrictions on the sale of an item are legal (at
least in the U.S.)? If I agree to sell you item X given that you promise Y,
what are the legal values of Y?

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.

~~~
emmett
There are lots of random rules about contracts. For example, terms can be
struck for Unconscionability <http://en.wikipedia.org/wiki/Unconscionability>
\- which is pretty arbitrary.

The article on EULAs is also interesting:
[http://en.wikipedia.org/wiki/Software_license_agreement#Enfo...](http://en.wikipedia.org/wiki/Software_license_agreement#Enforceability_of_EULAs_in_the_United_States)

~~~
joe_the_user
And the rules are both random and logical in a perverse way.

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.

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jjcm
It's interesting that they'd risk the Streisand effect in order to instill
fear into people who research these jailbreaks. Granted geohotz research
already has significant media coverage, so additional air into the flame wont
do all that much. Then again, in the case report it says that Sony wants
geohotz research materials (his computers and his site) seized; which may
imply that they think they can stop it from propagating. It's hard to say
whether this is a weighed decision of Sony's or if it's simply their lawyers
going after blood.

~~~
ijuhyftgreduy
"Pour encourager les autres" - they don't care about Goehotz, this is aimed at
lots of universities who are now drawing up guidelines about the legal
consequence of doing any research into computer security.

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.

------
wheaties
I think this is the best thing that could happen iff a group of lawyers backs
up the professors all the way up to the Supreme Court. And of course, they
win. I don't think any career politician will ever reverse course on the DMCA.
They don't fully understand the implications and they don't want to alienate
their campaign donors. Instead, we as a community will have to chip, piece by
piece away at the vagrancies of a law which should never have existed in the
first place.

~~~
jorgem
It's unfortunate, though, that a few people's lives (the researchers) will be
miserable and stressful for the next few years -- just to protect __our
__right to free speech. The researchers deserve kudos for standing up to the
bully, but it won't be a fun experience.

~~~
dantheman
One thing, I might do if I ever make crazy dotcom money is create a fund to
help/reward people who make stand like this. Even if all I can do is provide
them with a nice vacation every year, or hire an assistant to keep it from
significantly impacting their day to day life I think it would be a great
help.

~~~
Joakal
Wouldn't the long-term be better if the fund went towards lobbying for better
laws? Curing the symptoms, not the disease as the saying goes.

~~~
dantheman
Agreed, but there are already funds/organizations that do that. I don't know
of any that help the people who put their lives on hold while they go through
these massive court cases.

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barranger
What I find really funny is how completely opposite MS has dealt with
Jailbreaking of Windows Phone. Down to offering to send geohotz a phone to
play with: <http://twitter.com/#!/BrandonWatson/status/27508118367772672>

~~~
rbanffy
If only Microsoft would be as helpful with jailbreaking the Xbox 360...

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.

~~~
barranger
Do you really think Sony would be any different when it comes to this:
[http://www.engadget.com/2010/08/11/exclusive-sony-
ericsson-t...](http://www.engadget.com/2010/08/11/exclusive-sony-ericsson-to-
introduce-android-3-0-gaming-platfor/)

~~~
rbanffy
It really depends on what the business model is. I'd say no because they are
the hardware manufacturer and will be able to subsidize the phone expecting to
recover the money with the games, which will, possibly, not run on other
devices, despite the Android OS.

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nhangen
I don't see how it's legal for any company to tell me what I do with my
hardware once I purchase 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.

~~~
ekiru
Or someone selling you an operating system and telling you you can only
install it on hardware purchased from them. These things are far from uncommon
in technology. (I will refrain from mentioning the other example that came to
mind because I don't wish to target a specific company to the exclusion of
others, since such practices are widespread.)

~~~
reemrevnivek
> Or someone selling you an operating system and telling you you can only
> install it on hardware purchased from them.

How ridiculous!

Sent from my Macbook Pro

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SoftwareMaven
Like their crappy products and horrible support weren't enough reasons not to
buy from Sony.

~~~
rbanffy
In all fairness, the PS3 is a very good gaming console.

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.

