Thursday, November 27, 2003
Larry Potter v Harry Potter? The Scholastic, Inc. v. Stouffer ended in September 2002 with a federal judge siding with J.K.Rowling and her publishers. Nancy Stouffer had been claiming that Rowling had infringed the copyright of Larry Potter books she had written in the 1980s.
Wednesday, November 26, 2003
The White House and Congress have reached a compromise about the FCC's new media ownership rules raising the limit to 39% market share.
"Army Quietly Opens JetBlue Probe" says the Wired headline explaining the US Army are looking into the recent JetBlue passenger data scandal. They've not been too successful in keeping it quiet if Wired has got hold of the story.
Looks like Diebold have agreed not to sue at least some of the people publicising their embarrassing internal memos online. The company's submission to the court to this effect is available online.
According to the Register, via Kevin Poulsen at SecurityFocus, the Nachi worm infected Diebold ATMs. Yes the same Diebold that make electronic voting machines. Diebold have a nice list of links to media stories that treat them favourably or at least gently. Some of these provide exemplary examples of the unfair tactics of persuasion that advocates use to persuade people of their point of view. Attacks on people who have criticised Diebold are prominent are is praise for those implementing or defending Diebold. Wonderful "we're the good guys, they're the bad guys" stuff. Pity.
"Reporters Without Borders today urged the Zimbabwean authorities to drop charges against 14 people who were arrested for circulating an e-mail message criticising President Mugabe's economic policies and calling for his departure. They were all released on bail but have been ordered to appear in court on 26 November."
The Australian music industry have decided to sue ISPs "who failed to stop consumers illegally downloading music."
Lawmeme point us to some links on the latest troubles for e-voting machines and some policy proposals over broad copyright claims; and finally one for US 4th amendment scholars on new dog sniffing technology.
Apparently John Johansen of DeCSS fame has released a program on his website called QTFairUse which demonstrates how to get round Apple's iTunes anti-copying technology. Given that he is facing re-trial next month on criminal charges related to the release of DeCSS, I'm not sure that's the best of tactics on his part.
The Australian music industry have decided to sue ISPs "who failed to stop consumers illegally downloading music."
Lawmeme point us to some links on the latest troubles for e-voting machines and some policy proposals over broad copyright claims; and finally one for US 4th amendment scholars on new dog sniffing technology.
Apparently John Johansen of DeCSS fame has released a program on his website called QTFairUse which demonstrates how to get round Apple's iTunes anti-copying technology. Given that he is facing re-trial next month on criminal charges related to the release of DeCSS, I'm not sure that's the best of tactics on his part.
Tuesday, November 25, 2003
Censored Dance-why Fair Use plus $3.25 will get you a nice latte. Elizabeth Rader razor sharp on how Carol Loeb Shloss’s new biography Lucia Joyce: To Dance in the Wake had to get re-written repeatedly due to intellectual property threats on the part of Stephen Joyce.
"Think of this story the next time someone tells you that fair use is the down parka that
will keep writers from being chilled by virtually limitless copyright terms and
ever-expanding copyright scope. As my mother told me when I wanted to walk out in
the street into moving traffic, “you may have the right of way, but it doesn’t do you
much good after you’re run over.”
"Think of this story the next time someone tells you that fair use is the down parka that
will keep writers from being chilled by virtually limitless copyright terms and
ever-expanding copyright scope. As my mother told me when I wanted to walk out in
the street into moving traffic, “you may have the right of way, but it doesn’t do you
much good after you’re run over.”
Ernest Miller sees end to end as fundamental to a free society.
"The government shall neither create nor sustain a monopoly carrier in the distribution of speech that discriminates in what it will or will not carry.
Sounds suspiciously similar to the end-to-end principle, don't you think?"
Too right!
"The government shall neither create nor sustain a monopoly carrier in the distribution of speech that discriminates in what it will or will not carry.
Sounds suspiciously similar to the end-to-end principle, don't you think?"
Too right!
Friday, November 21, 2003
Looks like Derek Slater is off the hook with Harvard for posting the Diebold memos on the web. He's just grateful he had John Slater on his side. Slater himself says,
"I wholeheartedly support Derek in his
assertion of a fair use defense in this matter
for three reasons. First, I think it is
inappropriate to use the copyright law, and
particularly the DMCA's (17 USC Section
512), as a means to stifle political speech of
this sort. Second, I think that every
university has a responsibility to factor in its
academic role, as well as its role as an
Internet Service Provider under certain United
States laws such as the DMCA, when forced
to take up a matter of this sort and when
determining how to respond when its students
are accused in this regrettable manner.
Finally, I am convinced that Derek has a
strong fair use defense and that he ought to be
supported in his assertion of that defense."
"I wholeheartedly support Derek in his
assertion of a fair use defense in this matter
for three reasons. First, I think it is
inappropriate to use the copyright law, and
particularly the DMCA's (17 USC Section
512), as a means to stifle political speech of
this sort. Second, I think that every
university has a responsibility to factor in its
academic role, as well as its role as an
Internet Service Provider under certain United
States laws such as the DMCA, when forced
to take up a matter of this sort and when
determining how to respond when its students
are accused in this regrettable manner.
Finally, I am convinced that Derek has a
strong fair use defense and that he ought to be
supported in his assertion of that defense."
Congratulations to Siva Vaidhayanathan, whose latest book, The Anarchist in the Library, is now hitting the printing presses and will be available in the Spring of 2004. I highly recommend his earlier book, Copyrights and Copywrongs, which provides a lovely accessible story of the history of development of copyright law in the US. It was the first time I really appreciated how influential Mark Twain (aka Samuel Clemens) was in the process.
The Guardian actually include some mathematics in an article about ID cards here, to demonstrate reliability problems with biometric schemes. Nice overview and includes a discussion about the UK government's plans to share database information across government departments.
"Ian Brown, director of the Foundation for Information Policy Research, says that governments will find it hard to resist linking data, for example, to tackle obesity by monitoring attendance at leisure centres. "It gives government so many more ways of interfering in people's day-to-day lives," he says. "They say we're not building a big central database. But they don't need to." A series of linked databases will do the job just as well. "
Findlaw issue a reminder that the EU have decided to set up an Internet Security Agency.
Some Republicans are signing up to support the Voter Confidence and Increased Accessibility Act of 2003, which would make paper trails compulsory. They join about 70 Democrats currently support the bill. This, surely, has got to be a cross party issue? At least the Demoncrats and Republicans in Fairfax county seem to see it like that. The Republicans in that case were first off the starting blocks in initiating a complaint about irregularites in the electronic voting. Donna, as usual, has some really interesting material and links on the e-voting controversy and in particular the EFF and students case complaining about Diebold's use of the DMCA to quash online exposure of their embarrassing internal memos. Diebold are now claiming that even publishing parts of the memos constitutes copyright infringement. This is no-brainer territory for me as far as democracy is concerned but things are different in lawyerland.
A judge in Argentina has used the data protection laws as a basis for issuing what is believed to be the country's first injunction to stop a spammer sending unwanted emails.
"Ian Brown, director of the Foundation for Information Policy Research, says that governments will find it hard to resist linking data, for example, to tackle obesity by monitoring attendance at leisure centres. "It gives government so many more ways of interfering in people's day-to-day lives," he says. "They say we're not building a big central database. But they don't need to." A series of linked databases will do the job just as well. "
Findlaw issue a reminder that the EU have decided to set up an Internet Security Agency.
Some Republicans are signing up to support the Voter Confidence and Increased Accessibility Act of 2003, which would make paper trails compulsory. They join about 70 Democrats currently support the bill. This, surely, has got to be a cross party issue? At least the Demoncrats and Republicans in Fairfax county seem to see it like that. The Republicans in that case were first off the starting blocks in initiating a complaint about irregularites in the electronic voting. Donna, as usual, has some really interesting material and links on the e-voting controversy and in particular the EFF and students case complaining about Diebold's use of the DMCA to quash online exposure of their embarrassing internal memos. Diebold are now claiming that even publishing parts of the memos constitutes copyright infringement. This is no-brainer territory for me as far as democracy is concerned but things are different in lawyerland.
A judge in Argentina has used the data protection laws as a basis for issuing what is believed to be the country's first injunction to stop a spammer sending unwanted emails.
Monday, November 17, 2003
Bruce Schneier includes an email from Ton van der Putte in his latest CRYPTO-GRAM, November 15, 2003. In September 2000 van der Putte and colleague Jeroen Keuning published a paper, Biometrical Fingerprint Recognition: Don't Get Your Fingers Burnt, on the drawbacks of biometric identification, specifically verification based on fingerprints.
Van der Putte and Keuning say is is now possible to make a dummy finger that will fool a fingerprint reader in 10 to 15 minutes, with materials available at most DIY stores. They also say:
"So it is our opinion, that as long as the manufacturers of fingerprint equipment do not solve the live detection problem (i.e. detect the difference between a live finger and a dummy), biometric fingerprint sensors should not be used in combination with identity cards, or in medium to high security applications. In fact, we even believe that identity cards with fingerprint biometrics are in fact weaker than cards without it. The following two examples may illustrate this statement.
1. Suppose, because of the fingerprint check, there is no longer visual identification by an official or a controller. When the fingerprint matches with the template in the card then access is granted if it is a valid card (not on the blacklist). In that case someone who's own card is on the blacklist, can buy a valid identity card with matching dummy fingerprint (only 15 minutes work) and still get access without anyone noticing this.
2. Another example: Suppose there still is visual identification and only in case of doubt--the look-alike problem with identity cards--the fingerprint will be checked. When the photo on the identity card and
the person do not really match and the official asks for fingerprint verification, most likely the positive result of the fingerprint scan will prevail. That is, the "OK" from the technical fingerprint system will remove any (legitimate) doubt.
It is our opinion that especially the combination of identity cards and biometric fingerprint sensors results in risks of which not many people are aware."
Can somebody please draw this to the attention of our own Home Secretary, who apparently threatened to resign if he didn't get his own way on the national identity card. Just keep repeating the soundbite - biometrics may be unique but they are not secret.
Van der Putte and Keuning say is is now possible to make a dummy finger that will fool a fingerprint reader in 10 to 15 minutes, with materials available at most DIY stores. They also say:
"So it is our opinion, that as long as the manufacturers of fingerprint equipment do not solve the live detection problem (i.e. detect the difference between a live finger and a dummy), biometric fingerprint sensors should not be used in combination with identity cards, or in medium to high security applications. In fact, we even believe that identity cards with fingerprint biometrics are in fact weaker than cards without it. The following two examples may illustrate this statement.
1. Suppose, because of the fingerprint check, there is no longer visual identification by an official or a controller. When the fingerprint matches with the template in the card then access is granted if it is a valid card (not on the blacklist). In that case someone who's own card is on the blacklist, can buy a valid identity card with matching dummy fingerprint (only 15 minutes work) and still get access without anyone noticing this.
2. Another example: Suppose there still is visual identification and only in case of doubt--the look-alike problem with identity cards--the fingerprint will be checked. When the photo on the identity card and
the person do not really match and the official asks for fingerprint verification, most likely the positive result of the fingerprint scan will prevail. That is, the "OK" from the technical fingerprint system will remove any (legitimate) doubt.
It is our opinion that especially the combination of identity cards and biometric fingerprint sensors results in risks of which not many people are aware."
Can somebody please draw this to the attention of our own Home Secretary, who apparently threatened to resign if he didn't get his own way on the national identity card. Just keep repeating the soundbite - biometrics may be unique but they are not secret.
Andrew Cringely is worried about identity theft because his mail was stolen when he was away recently. He's right to be worried.
Preparations for the World Summit on the Information Society in Geneva in December are not running too smoothly, according to a Reuters report in Forbes magazine.
"Developed and developing nations
were wide apart on Saturday on
managing the Internet and closing
the digital divide between rich and
poor at the end of what was meant
as a final meeting before a world
summit."
The latest version of the draft declaration of principles for the summit is available on the web.
"Developed and developing nations
were wide apart on Saturday on
managing the Internet and closing
the digital divide between rich and
poor at the end of what was meant
as a final meeting before a world
summit."
The latest version of the draft declaration of principles for the summit is available on the web.
From Dan Gilmore, "Via Greg Aharonian's Internet Patent News Service comes the news that AT&T has received this patent for -- I kid you not -- a way to defeat anti-spam measures:
"A system and method for circumventing schemes that use duplication detection to
detect and block unsolicited e-mail (spam.) An address on a list is assigned to one
of m sublists, where m is an integer that is greater than one. A set of m different
messages are created. A different message from the set of m different messages is
sent to the addresses on each sublist. In this way, spam countermeasures based
upon duplicate detection schemes are foiled."
Right. And the other thing being foiled is Internet users' desire to be free of the spam plague. AT&T
should be ashamed of itself."
"A system and method for circumventing schemes that use duplication detection to
detect and block unsolicited e-mail (spam.) An address on a list is assigned to one
of m sublists, where m is an integer that is greater than one. A set of m different
messages are created. A different message from the set of m different messages is
sent to the addresses on each sublist. In this way, spam countermeasures based
upon duplicate detection schemes are foiled."
Right. And the other thing being foiled is Internet users' desire to be free of the spam plague. AT&T
should be ashamed of itself."
Friday, November 14, 2003
Thursday, November 13, 2003
The copyright wars are progressing as proponents of expansion introduce a new bill to the Senate in the US.
The "Artists' Rights and Theft Prevention Act" proposes jailing p2p file sharers for three years for having a single copyright infringing file on their computer. Also someone would get jailed for five years for using a camcorder in a cinema.
"In addition to the prison term, the Artists' Rights and Theft Prevention Act would punish making such movies available on a public "computer network" as a federal felony with a fine of up to $250,000. It would not require that any copyright infringement actually take place...
Peter Jaszi, a professor at American University who teaches copyright law, said he is "deeply troubled" by the wording of the draft legislation, because it does not say any actual copyright infringement must take place--only that the file be available in a shared folder, Web site or FTP (File Transfer Protocol) site. "It says we don't care if anybody got any of these copies," Jaszi said. "We're going to conclude that at least 10 people did. It relieves the copyright owner of having to prove that any violation
of their rights actually happened.""
I predict a round of vigorous public debate between the usual protagonists in the US. I can't really see "ART" getting too far off the ground.
The "Artists' Rights and Theft Prevention Act" proposes jailing p2p file sharers for three years for having a single copyright infringing file on their computer. Also someone would get jailed for five years for using a camcorder in a cinema.
"In addition to the prison term, the Artists' Rights and Theft Prevention Act would punish making such movies available on a public "computer network" as a federal felony with a fine of up to $250,000. It would not require that any copyright infringement actually take place...
Peter Jaszi, a professor at American University who teaches copyright law, said he is "deeply troubled" by the wording of the draft legislation, because it does not say any actual copyright infringement must take place--only that the file be available in a shared folder, Web site or FTP (File Transfer Protocol) site. "It says we don't care if anybody got any of these copies," Jaszi said. "We're going to conclude that at least 10 people did. It relieves the copyright owner of having to prove that any violation
of their rights actually happened.""
I predict a round of vigorous public debate between the usual protagonists in the US. I can't really see "ART" getting too far off the ground.
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