RE: [dvd-discuss] Software company to sue student over using shift key

[Michael A Rolenz <Michael.A.Rolenz(at)aero.org>]

It's more insidious that that. I only scanned the paper but the what the software does is 

1. When put into a PC with autoloader enabled, it runs a little program with the EULA that installs a NEW driver into your system. This is why holding the shift key down disables it because it won't autoloader. The new driver now takes over control of your CD Player

2. That new driver checks the content of the CD you put in your CD player and when it recognized what it THINKS is a protected title it messes up the read operation. Check out the clip http://www.cs.princeton.edu/~jhalderm/cd3/cd3-sample.mp3

So here's some interesting question.

Is this trespass of chattels? They are modifying my computer without telling me they are doing so.
How does this differ from any other piece of spyware? (other than the "end justifies the means...I mean we are protecting the sanctity of intellectual property from the hoards of hackers who want to rape pillage, plunder and loot")
How does this differ from a virus?
Suppose I sell my CD? I can do that (for the time being. In May at the DMCA hearing at UCLA, that twit from the RIAA told Robin Gross that "he didn't agree with USC 17"). But the dirty little driver is still resident on my machine and can interfere with its operation (how does it recognize a protected album?...does it install a new driver for each album? Someone with 1000CDs would have 1000 dirty little drivers sitting on their computer all just taking up disk space, cpu time....interfering with MY use of MY property). Surely I can remove the dirty little driver and no clause in the EULA to the contrary can prevent me. 
Or is the EULA still binding after I sell my CD and no longer have a copy of it? Binding for how many years? Forever? Until I reload my OS?
Is reloading your OS a violation of the EULA? Is disabling autoloader?


check out their website http://www.sunncomm.com/index_flash.html...while I can admire the graphics, given that they are purporting to be a technical company, it looks as if they are trying to get investors than touting their technical prowess....

from the blub...

"It is the intention of management to remain a non-reporting company listed on the "The Pink Sheets" until such time as the
        company reports significant sales of its technology. It is within the corporation's legal rights to elect this option. However, this
        means that you, the investor or interest-holder, will not be afforded public access to regular company audits and therefore you
        must solely rely on the company's press releases, news stories, or other publicly available information. "

The issue here really isn't protecting the sanctity of intellectual property from the theiving hoards but investment.....Add this to the chilling effects database

"Dean Sanchez" <DSANCHEZ@fcci-group.com> Sent by: owner-dvd-discuss@eon.law.harvard.edu 10/10/2003 10:33 AM Please respond to dvd-discuss

To:        <dvd-discuss@eon.law.harvard.edu>         cc:                 Subject:        RE: [dvd-discuss] Software company to sue student over using shift key

This doesn't detract from the chilling effect the DMCA has.  I would have loved to see this one go to court.   I think that the publicity from this would have firmly illustrated the problem with the act and probably set a beneficial precedent for the citizens.  No matter how technologically inept a jury was, I don't think that it would have found against Halderman for telling people to hold down the shift key.
 
You notice that Jacobs is not saying that he was wrong.  Just that harm was done to his company and suing Halderman wouldn't recover the loss.  Nothing at all to indicate that he was wrong to sue in the first place or that there is something wrong with a law that lets commercial interests threaten the free speech of a citizen for doing nothing but speak the truth.
-----Original Message-----
From: owner-dvd-discuss@eon.law.harvard.edu [mailto:owner-dvd-discuss@eon.law.harvard.edu]On Behalf Of Michael A Rolenz
Sent: Friday, October 10, 2003 1:18 PM
To: dvd-discuss@eon.law.harvard.edu
Subject: Re: [dvd-discuss] Software company to sue student over using shift key


Best quote 

 "I don't want to be the people my parents warned me to stay away from," 
said Jacobs of his decision. "It's 10 million bucks, but maybe I can make it 
back, and maybe [Halderman] can learn a little bit more about our technology 
so as not to call it brain dead."

"James S. Tyre" <jstyre@jstyre.com> Sent by: owner-dvd-discuss@eon.law.harvard.edu 10/10/2003 10:11 AM Please respond to dvd-discuss

To:        dvd-discuss@eon.law.harvard.edu        cc:                Subject:        Re: [dvd-discuss] Software company to sue student over using shift key

SunnComm backed off late yesterday.

http://www.dailyprincetonian.com/archives/2003/10/10/news/8797.shtml
Threat of lawsuit passes for student
SunnComm backs down from lawsuit against a computer science grad student

Josh Brodie
Princetonian Staff Writer

   SunnComm Technologies, Inc. announced yesterday morning it would sue first-year graduate student John Halderman over his recent critique of the company's new CD copy-protection method, but by the end of the day SunnComm president and CEO Peter Jacobs said he changed his mind.

   Jacobs said in an interview late last night that a successful lawsuit would do little to reverse the damage done by the paper Halderman published Monday about his research, and any suit would likely hurt the research community by making computer scientists think twice about researching copy-protection technology.

   "I don't want to be the guy that creates any kind of chilling effect on research," Jacobs said.

[....]

At 10:04 AM 10/10/2003 -0700, Michael A Rolenz wrote:

The paper is at 

http://ncstrl.cs.princeton.edu/expand.php?id=TR-679-03 

get it while it's hot before it's not...[available] 




"Dean Sanchez" <DSANCHEZ@fcci-group.com> 
Sent by: owner-dvd-discuss@eon.law.harvard.edu 

10/10/2003 06:02 AM 
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This article removes any doubt that the DMCA is irreparably flawed and the IP industry has lost all touch with reality.  I am left speechless at the audacity of SunnComm's claim (follow second link to its site).

http://www.theinquirer.net/?article=12034

http://www.sunncomm.com/press/pressrelease.asp?prid=200310091000





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