ACLU To Appeal CPHack Ruling

www.sorehands.com writes, "CNet News reports that the ACLU is appealing the CPHack ruling. It should be quite interesting. Especially in the light of the ruling in federal court that makes source code free speech. It is possible that the court may rule that the source code can be posted, but not the executable code. It will be very difficult for Mattel to show damage or harm from publication now. Mattel changed the code, so CPHack is obsolete and will not work on the current version."

Is the essay legal?

[diaphanous]

In some ways the essay accompanying the software which explains how they reverse engineered the excryption scheme is more valuable than the software itself. Is it legal for me post it on the web, or do the injunctions cover both the essay and the software? (The news stories and commentary I've read on the case have not been clear on this point)

It's nice...

[Proteus]

It's nice to see the ACLU behind the community on this one. They have a great track record for precedent-setting cases.

Maybe, just maybe, this will end up as a Supreme Court case! In any case, this will definately send a strong message on how hacks are viewed.

--
: remove whitespace to e-mail me

Re:Like DeCSS

[Romen]

For the DMCA to cover it, it has to be a "technological measure controlling access to a work protected under this title." That would be Title 17, copyright law. (You know you do this to much when you can cite the DMCA without reference to the text. )

As for your second question, the answer is less clear. It would probably depend if it was several works, one of which was copyrighted, or if it was one work (which would probably be copyrighted.)

Sam TH

Re:DMCA

[Romen]

The part that takes effect later this year is the part that says you can't disable access control. The part that prohibits distribution of access control circumvention tools is already in effect, and is the part that 2600.com is being sued under.
Sam TH

ACLU and DMCA, UCITA, et al

[BacOs]

Does anyone know the official ACLU stance on the DMCA, UCITA, etc.?

With the exception of their involvement in the CPHack issue, I've yet to see anything about their involvement in the broader assaults on civil liberty like the DMCA and the UCITA. While the EFF and other organizations are very vocal about these issues, the ACLU appears conspicuously absent in this fight.

Re:It don't say it.

[prizog]

CP4break.zip contains cp4break.html - this is the documentation. And, the injunctions don't apply to J&S - they settled. The injunctions apply to myself, Bennet Hazelton, and the others who host the stuff. Hin to mirrors: renaming the file, especially if you make a tarball of it, will throw your ISPs off - the letter they send specifies the filename - but only gives the direcrories of infringers (like me).

Re:Mirrors?

[prizog]

http://www.geocities.com/novalis_dt

My college made me take it off their site, so I put it on geocities.

Have Fun!

Re:ACLU and DMCA, UCITA, et al

[Weezul]

I'm pretty shure the ACLU opposes the DMCA and UCITA (link [aclu.org]), but there are several reasons why they are not dedicating many resources to the fight: (a) The ACLU normally focus more resources on people who can not defend themselves, (b) the intelectual property debate is realitivly new so their is no momentum within the orginisation (the EFF took all the lawyers who really care a lot about these issues), and (c) they see censorship and privcy as more importent (link [aclu.org]).

Naw

[mindstrm]

To you it's an encrypted list of plaintext.

To Mattel, it's a DATA file that is part of their copyrighted work. You just happen to have a way to convert that back into plaintext.

However.. we could very EASILY.. VERY EASILY argue that the encryption of this list is in no way a copyright protection mechanism. We can copy their software byte for byte.

What took so long?

[dlc]

I'm wondering what took the ACLU so long to get in on the action. It seems like this is their kind of thing.

Cthulhu for President! [cthulhu.org]

Mirrors?

[dlc]

So, are there any CPHack mirrors out there, so I can add it to my deCSS mirror?

Cthulhu for President! [cthulhu.org]

Like DeCSS

[www.sorehands.com]

Mattel's attorney may not submit the entire list to the court (in the public view), unlike other attorneys. They could always try to keep the filings under seal in the court. But their method is are not really secret.

Microsystems Software / Mattel talk about the review process on their website.

It don't say it.

[www.sorehands.com]

It does not even say, that you can't distribute source code.

The injunction only applies to Jenson or Skala.

The injunction also prevents them from working with others to "Break" CyberPatrol or distribute the "source code and binaries known as CP4Break.zip" or cphack.exe". It does not include others not working in "active concert."

Of course, we don't know the private agreement that is between them.

Just based on the injunction, they could make aprogram that decodes and displays the list w/o breaking the product.

Based on the injunction, anyone else may break the product.

But of course, Mattel will probably try to sue anyone trying into oblivion.

And of course, these are my interpretations and you can't have them.

It's the selection stupid.

[www.sorehands.com]

Words are not copyrightible, but the selection and order of assembly.

The individual site on the list may not be copyrightable, but the list as a whole may be. The list is based on a selection criteria. Even if the application of 99% is automated, it may still may be protected.

DMCA

[www.sorehands.com]

I thought that provision of the DMCA took effect in October.