Strategy: Re: [linux-elitists] LOCAL Stanford University: face down the DMCA enforcers

Karsten M. Self kmself@ix.netcom.com
Tue Jan 21 07:54:11 PST 2003


on Tue, Jan 21, 2003 at 08:52:15AM -0500, Shawn McMahon (smcmahon@eiv.com) wrote:
> On Tue, Jan 21, 2003 at 09:35:59AM +0000, Karsten M. Self said:
> > 
> >     Point 1. is that cracking is almost always negligence on the part of
> >     the cracked site (and coverup).  Point 2. is that common proprietary
> 
> If you leave your front door closed, but unlocked, and someone comes in
> and replaces your VCR with a sign that says "j00 have been 0wnz0rd by
> Count Zer0", it's still a crime, and you're still out real money, and no
> court in the land will accept "he should have locked his door" as a
> defense.

...and if they simplay place this sign on top of the VCR?

IP and real property crime analogs suffer greatly from the nonrivalry
assymetry.  With IP, you *can* be in two places at once.



> We don't accept this defense for any crime; why should we accept it
> for vandalism just because it's committed with and on a computer
> instead of a brick wall?

Shawn:  stop being reasonable.

The problem isn't the sensible cases.  It's the Jackson Games ones.


It's journalists accused of hacking for typing in the right URL for a
resource on a publically accessible website (a couple of cases of this
in the past six months, one IIRC in the Boston area, another involving
Sun Microsystems posting a strategy doc in Asia, The Inquirer got a few
nastygrams and AFAICT has dropped all coverage of Sun since).  

It's Randall Schwartz informing Intel that their systems suffer from
pervasive use of weak passwords.

It's various anti-spam open-relay blacklists being sued for illegal
systems use by intrusive open relay testing.  Regardless of what you
think about RBLs, is "telnet somehost 25" a computer crime?  



In a different context, it's DMCA takedowns being applied to a site that
does price aggreggation from major discount retailers, or against
aftermarket inkjet cartridge vendors.


Shawn:  *useful* information please.  We're not debating the obvious.


...apologies for not posting URLs but I've got an appointment to run
to....

Peace.

-- 
Karsten M. Self <kmself@ix.netcom.com>        http://kmself.home.netcom.com/
 What Part of "Gestalt" don't you understand?
   Geek for hire:  http://kmself.home.netcom.com/resume.html



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