In the News

A New DMCA Exemption for Security Research

Blake Ellis Reid, Chilling Effects Clearinghouse, August 6, 2010
Abstract: By now, most readers have probably heard about the six newly minted exemptions to the anti-circumvention measures of the Digital Millennium Copyright Act (DMCA), announced last week by the Librarian of Congress. For the uninitiated, Ars Technica and David Abrams of Chilling Effects have excellent overviews of the exemptions, which provide much-needed legal cover for a variety of activities including jailbreaking and unlocking cell phones, decrypting DVDs for non-commercial remixes, and several others.

Of particular interest to folks in the security community is the exemption granted for security research on video game digital rights management (DRM) systems, stemming from both realized and potential security holes in systems like Safedisc and SecuROM.
more

Fight For Your Right For Fair Use

David Abrams, Chilling Effects Clearinghouse, July 27, 2010
Abstract: The Library of Congress has released a list of six circumstances in which circumvention of copyright access controls will not be a violation of the Digital Millennium Copyright Act (DMCA). In addition to limited exceptions for security testing of video games and dealing with obsolete hardware dongles, these include "jailbreaking" an iPhone to run user software, circumventing restrictions on connecting a used mobile phone to an alternate wireless network, removing CSS protection from a DVD to extract small portions for the purpose of criticism or comment and enabling read-aloud access to electronic books where there is no other way to get similar functionality.
more

Twelve Years Under the DMCA at the Electronic Frontier Foundation

David Abrams, Chilling Effects Clearinghouse, March 12, 2010
Abstract: The Electronic Frontier Foundation (EFF) describes multiple instances in which the anti-circumvention provisions of the Digital Millennium Copyright Act have been used to stifle legitimate speech rather than stop pirates.
more

BBC NEWS: DVD DRM row sparks user rebellion, BBC News, May 2, 2007
Abstract: Attempts to gag the blogosphere from publishing details of a DVD crack have led to a user revolt. The row centred on a 'cease and desist' letter sent by the body that oversees the digital rights management technology on high-definition DVDs.

Blu-Ray and HD DVD already singing the broken DRM blues?

Yaser Herrera, Samuelson Law, Technology, and Public Policy Clinic - Boalt Hall, March 18, 2006
Abstract: In a set of developments that shocks almost no one familiar with Digital Rights Management ("DRM") technology, it appears that the technology used to prevent copying of new, high definition DVDs, Advanced Access Content System ("AACS") has already been partially cracked.
more

"Stuffing" the DMCA "Turkey" with 6 New Exemptions a Day Before Thanksgiving

Jason H. Tokoro, Samuelson Law Technology & Public Policy Clinic - Boalt Hall, November 23, 2006
Abstract: On Wednesday, November 22, 2006, the Librarian of Congress, James H. Billington (“Billington”), announced six new exemptions from the prohibition against circumvention of technological protection measures that control access to copyright works, as provided in the Digital Millennium Copyright Act (DMCA). Six exemptions are the most that have been granted during a single rulemaking session. The exemptions will go into effect on November 27, 2006 and continue through October 27, 2009.
more

EFF files suit for damages over abuse of DMCA

Aaron Schohn - Samuelson Law Technology and Public Policy Clinic - Boalt Hall, November 12, 2006
Abstract: EFF filed suit seeking damages for the alleged abuse of the DMCA. The defendant, Michael Crook, allegedly sent several take down notices to the ISP of the web magazine 10 Zen Monkeys complaining of copyright violation. While these notices were (arguably) facially invalid, the ISP was not willing to risk legal liability and obliged with the content’s removal. EFF and 10 Zen Monkeys argue that this constitutes intentional abuse of the DMCA and warrant damages for the time and effort expended by 10 Zen Monkeys and the interference with its First Amendment rights.
more

Taking it to the Streets, plus Librarians on the March?

Heather C. McGhee, Samuelson Law, Technology & Public Policy Clinic, September 28, 2006
Abstract: In a big week for the DRM and anti-circumvention debate, scattered citizens and a flagship institution weigh in on the future of access to digital content.
more

The Trusted Platform Module

Samuelson Law, Technology & Public Policy Clinic, January 8, 2006
Abstract: There is a strong chill in the air as PC manufacturers move towards installation of Trusted Platform Module (TPM) chips in personal computers this year. These chips assign a permanent unique identifier to each computer in which they are installed, effecting ending anonymous internet use. Advocates for the chips argue that the TPM technology may be used to make online transactions such as banking and shopping more secure, reducing identity theft and online fraud. However, critics contend that the technology will be used by the music, movie, and software industries to restrict consumers’ use of copyrighted content, and further erode traditional fair use rights under copyright law.
more

DRM in a Budget Bill? Groups Discourage Congress from Requiring Broadcast Flag Technology

Samuelson Law, Technology & Public Policy Clinic, September 25, 2005
Abstract: Consumer Federation of America, Consumers Union, and Public Knowledge have asked Congress not to give the FCC authority to require that receivers of digitally broadcast content be able to screen for a “broadcast flag,” which is a digital code in the broadcast signal that prevents its content from being redistributed to other devices or the internet. The FCC had imposed such a requirement, but it was struck down by a federal court as beyond the agency’s jurisdiction. The consumer groups worry that allowing a requirement of broadcast flag technology would give the FCC unprecedented authority and harm consumers; they also argue it is unnecessary given the tools copyright owners already have to protect their works.
more

Blizzard Entertainment, Inc. Freezes On-Line Gamers with an Eight Circuit Court Victory

Amy Keating, Samuelson Law, Technology, and Public Policy Clinic, September 19, 2005
Abstract: On September 5, 2005, in Davidson & Associates v. Jung, 2005 U.S. App. LEXIS 18973 (8th Cir. 2005), the Eight Circuit upheld a district court ruling that three men illegally bypassed anti-piracy controls when they developed free technology to let computer users play games against each other online without using the gamemaker's own system. Specifically, the defendants violated the Digital Millennium Copyright Act as well as software license agreements by helping people bypass Blizzard's system for playing multiplayer games such as Diablo and StarCraft online.
more

Federal Circuit ruling allows repair and maintenance of machines under Copyright Act and DMCA

Tara Wheatland, Samuelson Law, Technology, and Public Policy Clinic, September 2, 2005
Abstract: Last week, in Storage Technology Corp. v. Custom Hardware Engineering & Consulting, Inc., 2005 U.S. App. LEXIS 18131 (Fed. Cir. 2005), the Federal Circuit held that under 17 U.S.C. § 117(c), a third party may lawfully repair machinery running copyrighted software owned by another company, and that a claim under DMCA § 1201(a)(1)(A), prohibiting the circumvention of access controls, can not be brought if the underlying repair and maintenance conduct does not constitute copyright infringement. In this case, because the hardware repair company did not engage in copyright infringement, they also cannot be liable for a violation of the DMCA.
more

Garage Door Opener Company Loses DMCA Claim

Amalie Weber, December 18, 2003
Abstract: Chamberlain Group has recently lost an aggressive DMCA claim, both in the U.S. International Trade Court and in U.S. District Court. Like Lexmark before it, the company had tried to claim that the DMCA's anti-circumvention provisions prevented competitors from developing products that inter-operated with Chamberlain's garage door openers.
more

321 Studies Loses One Battle, but Continues the War, Debbie Galante Block, eMedia Live, December 5, 2003
Abstract: After failing to win a specific exemption from the Library of Congress DMCA Rulemaking (issued in November 2003), 321 Studies nevertheless has continued to argue that its product is a fair use. 321 Studies produces a software product that allows DVD users to make back-up copies of their DVDs.

US District Court Ruling Absolves Skylink Technologies From Alleged Violation of Digital Millennium , PRNewsWire, Silicon Valley Biz Ink, December 1, 2003
Abstract: Press release from Skylink claims that the recent District Court ruling bolsters free enterprise market and diminishes use of the Digital Millennium Copyright Act (DMCA) anti-circumvention provisions.

Going by the Rules with Software Flaws, Joseph Menn, Seattle Times, November 29, 2003
Abstract: Computer companies are dealing with security flaws in a variety of ways, including using the Digital Millennium Copyright Act (DMCA) to sue those who reveal software flaws.

United Kingdom: "Don, Ben Challis, Mondaq, November 24, 2003
Abstract: In a number of cases worldwide, the copyright industry has sought to impose liability upon manufacturers and developers of software capable of infringing uses.

Caught by the Act: Digital Copyright Law Ensnaring Businesses, Individuals Over Fair Use, Frank Ahrens, Washington Post, November 12, 2003
Abstract: The Digital Millennium Copyright Act (DMCA) has been used in a wide variety of cases, regarding printer cartridges, garage door openers, voting machine manufacturers, and electronic dogs.

DirecTV Takes No Prisoners, Lucas Graves, Wired, November 1, 2003
Abstract: DirecTV has filed thousands of lawsuits and sent tens of thousands of cease and desist notices to consumers who have purchased certain smartcard programming devices, regardless of knowledge of the consumers' intended uses.

Copyright Officials Rule Against Lexmark, Jack Kapica, The Globe and Mail, October 29, 2003
Abstract: Lexmark has lost a ruling by the US Copyright Office, which held that Static Control's printer cartridge chips do not infringe Lexmark's rights under the DMCA.

Library of Congress Issues DMCA Anticircumvention Rule, Library of Congress, Library of Congress, October 28, 2003
Abstract: The Library of Congress, as authorized by the Digital Millennium Copyright Act (DMCA), has issued a rule exempting four classes of works from the DMCA's anti-circumvention provisions. The rulemaking is effective four three years, from Oct. 28, 2003, until Oct. 27, 2006, when the Library of Congress will issue another rule.

Debate heats up as student spots hole in CD protection, Kevin Maney, USA Today, October 26, 2003
Abstract: After Princeton grad student Alex Halderman publicly released the simple shift-key "hack" to SunnComm's CD protection, SunnComm's reputation slid, both in public relations and stock circles.

SunnComm Withdraws Threatened Lawsuit of Grad Student, Declan McCullagh Declan, C|Net News.com, October 10, 2003
Abstract: SunnComm Technologies changed course, deciding not to sue a Princeton University graduate student for publishing a paper that revealed a simple method of bypassing CD copy protections. The paper documented the student's discovery that simply pressing a computer's "shift" key could disable the protections.

Student Reveals Simple Keystroke Disables New CD Copy Protection, Associated Press, Salon.com, October 10, 2003
Abstract: A Princeton University student published a paper revealing a simple method to disable a new copy protection technology. Simply pressing the "shift" key while inserting a CD into a computer effectively prevents SunnComm's MediaMax copy protection technology, used by BMG, from working.

SunnComm Threatens Lawsuit for Revealing Simple Hack, John Borland, C|Net News.com, October 9, 2003
Abstract: SunnComm Technologies, which provides copy protection technology for CDs, is planning to sue a Princeton University graduate student. The student published a paper which revealed that the copy protection could be disabled simply by pressing the "shift" key while the CD was inserted.

SunnComm Copy Protection Disabled with One Keystroke, John Borland, C|Net News.com, October 7, 2003
Abstract: A Princeton University graduate student has published a paper revealing a simple method of disabling SunnComm's CD copy protection technology. The copy protection may be disabled simply by holding the shift key while inserting the CD into a computer.

First Jury Trial Conviction Under DMCA, Paul Festa, C|Net News.com, September 23, 2003
Abstract: An LA jury has handed down the first conviction under the DMCA. The jury found Thomas Michael Whitehead guilty of selling hardware to circumvent DirecTV's satellite broadcast protections.

Judge Delays Ruling in Printer Chip Case, Roger Alford, Associated press, February 7, 2003
Abstract: A judge is expected to rule by the end of the month whether to grant a preliminary injunction that would stop a North Carolina company from making or selling computer chips that match remanufactured toner cartridges to Lexmark printers.

HP criticises printer ink rival for DMCA suit, Ian Fried, ZDNet UK / CNet News.com, February 6, 2003
Abstract: HP criticizes rival Lexmark's attempted use of the copyright law to try to protect its business in recycled toner cartridges.

DMCA defendant to stop making chip, Declan McCullagh, CNET News.com, January 10, 2003
Abstract: A federal judge has agreed to Static Control Components' offer to temporarily cease manufacturing a toner cartridge chip that drew a lawsuit under a controversial copyright law.

Online Gamers Feel the Chill of Blizzard's DMCA Suit

Aaron Burstein, January 6, 2003
Abstract: Blizzard Entertainment, a division of Vivendi Universal Games, recently opened a new front in the battles being fought with online computer games: federal court. Blizzard has sued several individual users of Blizzard games as well as a small Midwestern ISP for writing a program, BNETD, that allows Blizzard users to compete against each other over the Internet. This legal confrontation not only raises traditional copyright and trademark claims, but may also provide a setting for a battle between the anti-circumvention and reverse engineering provisions of the Digital Millennium Copyright Act (DMCA).
more

Font Companies Crack Down on Student, Lisa M. Bowman, CNET News.com, May 3, 2002
Abstract: Talk about the fine print. A group of design companies has been lobbing legal threats at a graduate student over a font-altering program he created in his teens, saying it could violate digital copyright laws that make it illegal to circumvent anti-copying features in software.

Chained Melodies, Damien Cave, Salon.com, March 13, 2002
Abstract: Copyright-holding corporations are pushing new laws and computer-crippling technologies in their war on piracy. But can anything keep geeks from copying the music and movies they crave?

Some games aren't fun, Russell Pavlicek, InfoWorld, March 11, 2002
Abstract: A TUG-OF-WAR is in progress between users of proprietary software and the software companies. If you cannot control the software you use, control of your business is at risk. Recent events demonstrate how the Digital Millennium Copyright Act (DMCA) can be used by software companies to wrest control of proprietary software from you.

Adobe Copyright Case in Court, Michelle Delio, Wired News, March 4, 2002
Abstract: In a continuing battle against charges of criminal copyright violations which began with the arrest of programmer Dmitri Sklyarov last July, a Russian company will argue in U.S. Federal Court on Monday that the Digital Millennium Copyright Act does not apply to foreign firms doing business over the Internet.

Time to rewrite the DMCA, Rep. Rick Boucher, CNet News.com, January 29, 2002
Abstract: The American public has traditionally enjoyed the ability to make convenient and incidental copies of copyrighted works without obtaining the prior consent of copyright owners. These traditional "fair use" rights are at the foundation of the receipt and use of information by the American people. Unfortunately, those rights are now under attack.

Teaching Robot Dogs New Tricks, David Labrador, Scientific American, January 21, 2002
Abstract: Aibo, the Sony Corporation's popular robot dog, has delighted scores of critics and consumers since its introduction. But the plastic pup has also caused its creators some grief. Sony is currently struggling to resolve a copyright dispute that centers on the work of a quirky hacker known only as AiboPet. The controversy poses serious questions about the proper use of robots in homes and exposes a potentially stifling effect of the U.S. Digital Millennium Copyright Act (DMCA) of 1998.

Keep Security Censorship Away From Linux, Jon Lasser, SecurityFocus, November 6, 2001
Abstract: October was a bad month for proponents of full disclosure. First, Microsoft's Scott Culp argued in an essay that security researchers shouldn't reveal the nature of security holes in software. Then Culp may have found an unexpected ally in his war against full disclosure: Linux's second-in-command, Alan Cox. Cox's decision to delete security-related material from the Linux kernel changelog seems almost to honor Culp's request that we suppress information useful to attackers.

RIAA/SDMI Letter to Professor Ed Felten (April 9, 2001), April 9, 2001

MP3.com yanks song with illegal DVD-hacking code, Corey Grice, CNet News.com, September 13, 2000
Abstract: Joseph Wecker's song about a binary computer code wasn't exactly a chart-topper, but he doesn't think MP3.com should have banned it.

Maintained by Chilling Effects