[Full-Disclosure] Fw: Comment on DMCA, Security, and Vuln Reporting]

From: HggdH (full-disclosure@lists.netsys.com)
Date: 08/02/02


From: full-disclosure@lists.netsys.com (HggdH)
Date: Thu, 1 Aug 2002 17:26:46 -0600

FYI
----- Original Message -----
From: "Declan McCullagh" <declan@well.com>
To: <glenn.wolf@we-inc.com>
Cc: <bugtraq@securityfocus.com>; <vuln-dev@securityfocus.com>;
<rforno@infowarrior.org>
Sent: Thursday, August 01, 2002 08:12
Subject: Re: Comment on DMCA, Security, and Vuln Reporting]

[I subscribe to bugtraq but haven't seen Glenn's message appear. It did go
out to vuln-dev, and someone forwarded the message to me. I'm not on
vuln-dev; feel free to forward this to the list.]

"Wolf, Glenn" <glenn.wolf@we-inc.com> wrote:
>In light of the fact that 2600 was successfully sued over merely linking to
>DeCSS source code under the DMCA (and losing a subsequent appeal), and
>especially since News.com mentioned that fact in their article, I'm
>absolutely AMAZED that they would do just that, linking directly to exploit
>code in three separate places in the article!!! Oh, and HP is apparently a
>corporate sponsor of News.com (by the ad banners that pop up on their
site).
>I wonder how THIS will play out...

I'm the author of the CNET News.com article, though I do not speak for my
employer. Three points:

* 2600 was sued for *posting* the DeCSS.exe utility, not for linking to it:
http://www.eff.org/IP/Video/MPAA_DVD_cases/20000114_ny_mpaa_complaint.html
>Defendant Eric Corley a/k/a Emmanuel Goldstein also posted DeCSS on his
>Internet web site...

* The judge in the case crafted a rule limiting but not banning linking:
http://www.eff.org/IP/Video/MPAA_DVD_cases/20000830_ny_amended_opinion.pdf
>there may be no injunction against, nor liability for, linking to a site
>containing circumvention technology, the offering of which is unlawful
>under the DMCA, absent clear and convincing evidence that [lots of details]

* When I was at Wired News, we joined an amicus brief in the 2600 case that
said journalists should have the right to link to controversial material
such as DeCSS.exe:
http://www.politechbot.com/docs/linking-amicus.012601.html

-Declan



Relevant Pages

  • Re: Comment on DMCA, Security, and Vuln Reporting]
    ... out to vuln-dev, and someone forwarded the message to me. ... >In light of the fact that 2600 was successfully sued over merely linking to ... >DeCSS source code under the DMCA, ... >under the DMCA, absent clear and convincing evidence that ...
    (Vuln-Dev)
  • Re: Comment on DMCA, Security, and Vuln Reporting]
    ... out to vuln-dev, and someone forwarded the message to me. ... >In light of the fact that 2600 was successfully sued over merely linking to ... >DeCSS source code under the DMCA, ... >under the DMCA, absent clear and convincing evidence that ...
    (Bugtraq)
  • RE: Comment on DMCA, Security, and Vuln Reporting
    ... In light of the fact that 2600 was successfully sued over merely linking to ... Comment on DMCA, Security, and Vuln Reporting ... I find it sadly amusing that technology companies see "security debate" on ... I believe system-level security is MUTUALLY-EXCLUSIVE from copyright ...
    (Vuln-Dev)
  • RE: Comment on DMCA, Security, and Vuln Reporting
    ... In light of the fact that 2600 was successfully sued over merely linking to ... Comment on DMCA, Security, and Vuln Reporting ... I find it sadly amusing that technology companies see "security debate" on ... I believe system-level security is MUTUALLY-EXCLUSIVE from copyright ...
    (Bugtraq)