RE: [dvd-discuss] reversal press release - sunncomm

["Richard Hartman" <hartman(at)onetouch.com>]

He's throwing us a bone verbally, but in the end it's
a big fat goose-egg for us.  If it had gone to court
and a ruling had been made, that would've been worth
something to us.  Someone backing off the suit isn't
worth a darned thing, no matter what they say while
doing it.


-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi/sec: not just a good idea, it's the LAW!



> -----Original Message-----
> From: Marcia Wilbur [mailto:aicra@well.com]
> Sent: Friday, October 10, 2003 2:11 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: [dvd-discuss] reversal press release - sunncomm
> 
> 
> 
> HERE IT IS!!! :)
> 
> OMG - sunncomm pres uses the phrase: chilling effect! Do they 
> really get
> it? or is it just my wishful thinking? Did this really 
> happen? or are they
> pulling our collective leg!
> 
> 
> Printer-Friendly
> Version 	10/10/2003, 11:50
> 
> SunnComm Technologies Reverses Decision to Bring Legal Action against
> Princeton Researcher
> According to SunnComm CEO, legal action would not repair the 
> damage done
> and could potentially cause a "chilling effect" on the type 
> of research
> that faculty, staff, and students of institutions of higher 
> learning elect
> to pursue in the future.
> 
> 
> PHOENIX, Ariz., October 10, 2003  SunnComm Technologies, Inc. 
> (OTC:STEH),
> a leader in digital content security and enhancement for 
> optical media,
> announced today it will not seek legal remedies against Princeton
> researcher Alex Halderman. SunnComm believes Halderman wrote 
> an inaccurate
> critical report of its recently released MediaMax CD-3 Copy Management
> technology (V1). Mr. Halderman included in his research report several
> methods of circumventing the MediaMax music file security used to slow
> down the casual copying of unprotected files. Because Mr. 
> Halderman felt
> the file security was too easily bypassed, he deduced the 
> product failed
> in its primary marketing mission. In actuality, MediaMax, 
> which has been
> licensed to BMG Music, one of the worlds largest record 
> companies, as well
> as other labels, performed exactly according to its Version 1 design
> specifications. SunnComm felt that Mr. Halderman missed the 
> fundamental
> goal of MediaMax  to provide CD buyers with a licensed and 
> legal method of
> making and sharing authorized copies of the music they purchase.
> 
> Prior to the development and release of MediaMax this year, 
> the only way
> to obtain a digital copy of the music on a CD was to rip the 
> music from
> the disc to the hard drive of a personal computer which 
> produced a copy in
> an unsecured format. The resulting music files could then be copied ad
> infinitum, making unauthorized discs, and moving the content 
> to illegal
> P2P file sharing networks. These issues have been the 
> fundamental cause of
> the piracy issue for the music industry.
> 
> With MediaMax CD-3 Technology, users can opt to make legal 
> and licensed
> copies of the music and have this content stored in a secure 
> format. This
> secure format allows the consumer to listen to the music, 
> copy the files
> to the computer, move the content to a compatible player 
> device, share a
> controlled copy with a friend by e-mail and even make a 
> limited number of
> extra CDs for personal use. These features and the flexible 
> functionality
> were designed to offer the consumer a reasonable alternative 
> to violating
> the copyrights of their favorite artists and avail themselves of the
> additional bonus features included as a component of the product.
> 
> SunnComm president, Bill Whitmore stated, A technology has 
> not yet been
> invented that will keep all those individuals from appropriating the
> unprotected music without limitations if they intend on taking it that
> way. MediaMax creates an opt-in speed bump of security which 
> encourages
> licensed music copying and sharing without deteriorating the music
> experience. With each subsequent version of MediaMax, the 
> speed bump will
> have improvements in security, as well as consumer friendly 
> functionality.
> 
> Whitmore concluded, I feel that this is a very important 
> distinction which
> was overlooked in Mr. Haldermans report when it was disseminated with
> Princeton Universitys consent. Had Mr. Halderman evaluated 
> the product as
> a copy management solution that was purposely designed to deliver a
> licensed and legal structure for limited copying and sharing, he would
> have most likely yielded a different result. Instead of being rated as
> flawed his final conclusion may have found that it performed as it was
> intended to perform. This insight would have prevented the 
> negative impact
> on the SunnComm product, reputation and valuation.
> 
> Peter Jacobs, SunnComm CEO said, MediaMax performs EXACTLY as 
> "advertised"
> to the companies who purchased it. The ultimate proof will be in the
> results we obtain from the marketplace - and not in the courtroom. I
> believe that researchers should have consequences for 
> inaccurate research
> they perform and publish that result in damage to others. 
> Because SunnComm
> is, itself, a company which relies on research and development for its
> survival, we feel that bringing legal action for damages against
> researchers in a higher learning environment may contribute 
> to a chilling
> effect on the type of research that faculty, staff, and 
> students elect to
> pursue. Therefore, we4ve decided to move along and not pursue legal
> remedies in deference to "the bigger picture." SunnComm directors and
> employees feel that research plays an incredibly vital role 
> at SunnComm
> and in our society, and we need to do everything we can to nurture it.
> 
> Jacobs concluded, We realize now that Mr. Halderman had mistakenly
> expected to be researching an extremely hack resistant copy protection
> product when he evaluated MediaMax -Version1. SunnComms 
> security features,
> though scheduled to be more robust with each MediaMax 
> upgrade, have always
> placed second in importance to achieving SunnComms goal of 
> near-universal
> playability and the delivery of an exceptional consumer 
> experience. The
> marching orders we received from the music industry was to build an
> integrated system for the vast majority of consumers who, 
> when given the
> option, would elect to use a licensed and legal method for 
> accessing their
> CD music because, in doing so, they would be honoring the 
> wishes of their
> favorite artists. For the first time in America, MediaMax 
> gives CD buyers
> a structure to make that choice.
> 
> MediaMax CD-3 is a collection of technologies that provides copy
> management for CDs and DVDs, while simultaneously enhancing 
> and expanding
> the consumer4s experience. MediaMax CD-3 is tightly integrated with
> Microsoft4s (NASDAQ:MSFT) Windows Media Platform and the 
> Digital Rights
> Management capabilities associated with the latest Windows Media
> Platforms. SunnComm licenses and uses Windows Media Audio DRM 
> capabilities
> from Microsoft Corporation as the security feature for music 
> files which
> end up residing on the consumers computer.
> 
> ABOUT SUNNCOMM
> SunnComm Technologies Inc. became the first company to commercially
> release a content-protected audio CD utilizing an early version of the
> Windows Media Data Session Toolkit. SunnComms copy-management 
> technology
> was commercially released by Music City records in 2001, which became
> Americas first copy-protected audio CD. It has become a 
> leader in digital
> content enhancement and security technology for optical media with its
> MediaMax CD-3 suite of products.
> 
> SunnComm4s MediaMax CD3 Suite of Digital Content Enhancement 
> technologies
> are built using Microsoft (NASDAQ:MSFT) Windows Media 9 Series, but
> operates on both Apple (NASDAQ:AAPL) and Windows-based 
> systems. For more
> detailed information about the company, its vision or philosophy,
> personnel, partners, and customers, please visit the 
> company4s Web site at
> http://www.sunncomm.com, or call the company directly at 
> (602) 267-7500,
> and ask for shareholder relations.
> 
> MediaMax Digital Content Cloaking Technology, DC2, PromoPlay 
> and SunnComm
> are registered and/or trademarks of SunnComm Technologies Inc. in the
> United States and/or other countries. The names of actual 
> companies and
> products mentioned herein may be the trademarks of their respective
> owners.
> 
> NOTES ABOUT FORWARD-LOOKING STATEMENTS
> 
> Statements contained in this release, which are not 
> historical facts, may
> be considered "forward-looking statements" under the Private 
> Securities
> Litigation Reform Act of 1995. Forward-looking statements are based on
> current expectations and the current economic environment.
> 
> We caution the reader that such forward-looking statements are not
> guarantees of future performance. Unknown risk, uncertainties 
> as well as
> other uncontrollable or unknown factors could cause actual results to
> materially differ from the results, performance or 
> expectations expressed
> or implied by such forward-looking statements.
> 
> 
> 
> 
> On Fri, 10 Oct 2003, Tim Neu wrote:
> 
> > On Fri, 10 Oct 2003 09:02:01 -0400, Dean Sanchez wrote
> > > 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
> >
> > Hmm... _If_ this is real, then what you say would appear to be true.
> >
> > Somehow I doubt the copyright folks would play into our 
> hands so easily with
> > such a clear-cut case.
> >
> > I don't suppose there is a way to verify this unless / 
> until charges are filed...
> >
> > 
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