Digg Reverses Course After Online Uproar

Larry Magid Reports On Controversy Over Hacking Code Posted To Site

(CBS) 
In a case a little closer to the issue facing Digg, in 2000, MPAA successfully sued an online hacker magazine called 2600 after it offered readers access to a piece of software called DeCSS, which was designed to decrypt certain copy-protected DVDs.

Digg, however, is not distributing software or any other complete decryption tools per se, but is allowing its users to post a short string of code — numbers and letters — that can aid hackers who wish to break the DVD encryption. Because these are numbers and letters and not a complete software tool, it isn't clear whether publishing the code would be considered First Amendment-protected speech or distributing tools for breaking encryption.

Lohmann says that we're in muddy legal waters. "It's not just illegal to crack the encryption yourself without permission, it's also illegal to circulate or distribute or post software or other components that might be used to do that."

So, from a legal standpoint, the question is whether this string of code is a component of a decryption tool that is prohibited under the DCMA or a form of speech that is protected under the First Amendment.

In the digital world, said Lohmann, "The line between those things is very, very murky." He added that the licensing entity is claiming that this string of letters or numbers is essentially contraband. But Lohmann argues that "any law that prohibits you from uttering certain letters and numbers treads awfully close to the First Amendment."

The other issue is the propriety of provision of the DCMA that prohibits attempts to disable copy protection. Regardless of the free speech issue, that alone is highly controversial. "Many folks resent the copy protection and restriction technologies that are being built into HD-DVD and Blu-Ray discs" said Lohmann, "so once they started sending lawyer letters out to people, it really drew the ire of a very large number of Internet consumers."

And there's yet one more issue to consider. Digg is not a publishing company in the traditional sense, but, like MySpace, Facebook and other Web 2.0 social networking companies, it is a place where individuals can post pretty much whatever they want. Like YouTube, Digg does have responsibility to remove illegal material including copyrighted material that's posted without permission. But in this case, the offending material isn't copyrighted, even thought it can be used as a component in a tool designed to make illegal copies of copyrighted material.

Whew, we all know that technology can be confusing but law, in the era of Web 2.0, can be baffling, even for experts like Fred Von Lohmann.

---

A syndicated technology columnist for over two decades, Larry Magid serves as on air Technology Analyst for CBS Radio News. His technology reports can be heard several times a week on the CBS Radio Network. Magid is the author of several books including "The Little PC Book."

[yohansabo]

sounds like the MPAA doesn't like free speech. down with the communists. im not investing in blu ray/hd dvd until its cracked. dvds may not have the best quality but at least im not limited.

[monkfellow]

Hey, that's a nice brand new car you have with that remote start..let's see, here's the access code,which I took off a site..presto! I opened the door, started the car and stole it!!
In your eyes, I didn't steal it, because the owner shouldn't have the right to protect their property.
It's theft,no matter how anyone tries to paint the picture.

[padrigo17us]

Thief! If that's what it is, then that's wwhat it is. Computers have good use, but turn bad if it becomes misuse.

Anthony Young
800 E. Indianola Ave.
Youngstown, OH 44502

[rational_1]

Years ago (and I'm really dating myself by writing this) a friend of mine would buy records and tape them. He did this because he felt playing the record over and over again would eventually lead to its degradation. So, he'd store it away and play the tape he'd made. He didn't distribute the tapes, so what was wrong with him doing that? I've had DVDs go bad before (once because we have 3 and 5 year-olds in the house) and resent having to purchase them again. It burns me that the MPAA immediately assumes that if you want to copy the product you purchased that it's because you have ill intent. If they set up a mechanisms whereby you could mail them your damaged DVDs and for a nominal cost they would replace them, I'd be a little more likely to consider their point of view. As of right now, f**k 'em.

[griking]

Monkfellow;

Using your example of the new car it would also be illegal for you, the legitimate owner of the car to make a duplicate copy of your key to open your own car if for some reason you lost the original.

Too often people (like you) assume that there's no reason to copy a DVD other than piracy. People just want the ability to make backups of the DVDs that they've already legally purchased. Kids can be rough with their DVDs. Accidents happen. I want the ability to make a copy of my Disney DVDs so that I don't need to worry about the kids scratching the hell out of them.

[gunownerdan]

"There Should Be A 'Digg Riot' Everyday"
http://www.infowars.com/articles/media/digg_censorship_there_should_be_digg_riot_every_day.htm

infowars.com

[mdk2dude]

CBS is the first one to publish a photo of a distraught mother that has just lost her family due to some outside influence without any regard for the woman but CBS does not have the gumption (commonly called the gazangas) to post the actual code in the article so we could all see what the story is about. The least they could do is blame it on Bush as he must be behind a nefarious plot to lie to the American people about what the code is. If the code was about the security of our country then the total communication organizations (the news people) would publish it on the front page to make sure the people that would do us harm would not be deprived of owning it.

[mdk2dude]

jh6379 has bigger gazangas than CBS. Congratulations JH

[klingon69]

rational_1;
At one time you were legally allowed to make one copy of any tape, record...etc, that you bought for just such reasons. However, I believe in this new age, we are no longer allowed to do this.

[itwasntme000]

Well think about music CD's. Me personally I do not buy anything new. I go to half.com buy a CD for dirt cheap, copy it to my computor, burn a cd of it for myself, then sell the original CD back on web site for what i paid for it minus the S&H.

This is what the movie industry fears.

But when i did buy new CD's i would burn a copy put that in my CD case and file the original CD away in the closet untill the CD i burned completely goes to ***(which they do, very rapidly)

But i totally agree with rational_1. I mean A CD is going to get scratched up eventually and to me they are pieces of *** if you have kids around. The vhs tape will last basically forever the CD has no longevity whatsoever. They really need to do what you were saying rational, the whole send in your scratch all the ^%$^*%#$& CD and they will send you a replacement.

[rational_1]

Using your example of the new car it would also be illegal for you, the legitimate owner of the car to make a duplicate copy of your key to open your own car if for some reason you lost the original.

Posted by Griking at 09:28 AM : May 03, 2007


Or, continuing this argument, suppose the car keys are flimsy and soon wear out. Now you can no longer enjoy the product you paid for. This is what bugs me the most about not being able to copy CDs or DVDs - they are pretty susceptible to damage. The DVD or CD is just a piece of plastic (or whatever it is) - what you're really buying is the content. Why should I lose my ownership of that content just because the device it was stored on happened to get scratched?

[nowhereman00]

Despite (or because of) the risks, it looks like the general public respects the decision digg made...

http://www.buzzdash.com/?page=buzzbite&BB_id=15254

[dmorg4]

the intertainment industry is evil they want
to sell you the same movie over and over again
when it gets scratched i cant count the dvds
destroyed by my kids just one scratch is all
it takes to ruin one.
im tired of buying things i already paid for....

[bookwerm314]

Considering that many many TVs were sold as HD READY and LACK the HDMI interface, there is no way to watch HD DVDs on them, based on current set up.
Same for many up converting players.
This is pathetic.
You cannot penalize existing owners based on subsequent laws. This was never addressed.
Many players only output via the HDMI for HD.
I hope the people who got this to happen all get really bad things to happen to them.
Yes, I curse you, all of you, and may the gods of the people bring boils to you.