4 ms·

Looking at the python file they are complaining about, it simply implements the "encryption profile" that is mentioned. There is no circumvention; it still requ

Looking at the python file they are complaining about, it simply implements the "encryption profile" that is mentioned. There is no circumvention; it still requires the user password. It is also clearly a novel implementation, so there is no copyright violation here. Their "algorithm" or whatever is obviously not protected under DMCA. So this is totally bogus, again. Bonus points for the DMCA notice obviously not being written by a lawyer.

cft 5y ago
There has to be a meaningful liability for sending defective DMCA notices. But there won't be, wrong times.
- sam0x17 5y ago
  When the boomers die out, the zoomers are going to obliterate DMCA. Their only exposure to it has been "thing that pisses off fav content creators"
  - Chris2048 5y ago
    Assuming zoomer political engagement vs letting politicians do what they want.
    - sam0x17 5y ago
      You don't even need any. Eventually the zoomers will be the boomers, is more my point. At some point, even the baseline becomes progressive.
schoen 5y ago
Unfortunately, there are cases in which courts said approximately that implementing an algorithm (especially an algorithm that is a secret¹) without permission can be a violation of §1201. Recall (a)(3)(A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. ¹ yes, I know that it's weird to regard the algorithm as a secret when implementations are given out to the user [edited in response to correction by wtallis]
- wtallis 5y ago
  I'd be surprised if the courts actually held that implementing an algorithm was an act of circumvention. I expect they'd rather hold that to be in violation of a different paragraph: > (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— > (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; An implementation of the algorithm without the necessary key would still be a "component, or part thereof".
  - schoen 5y ago
    Yes, thanks for the correction.
- perihelions 5y ago
  What happens if you print out the source code and publish it as a book? Can the courts prohibit a book? Phil Zimmermann asked this question in the context of export controls on "cryptography technology", i.e. the PGP software. MIT Press published the source code in 1995. But the US dropped its objections and this wasn't specifically tested in court (AFAIK, though similar questions were). https://en.wikipedia.org/wiki/Pretty_Good_Privacy#Criminal_investigation https://en.wikipedia.org/wiki/Pretty_Good_Privacy#Criminal_i...
  - roastedpeacock 5y ago
    Do not think this has been tested under the DMCA statute unfortunately. The closest parallel was when 2600 Magazine was prevented from publishing DeCSS on their website by a court decision. https://www.eff.org/pages/unintended-consequences-fifteen-years-under-dmca https://www.eff.org/pages/unintended-consequences-fifteen-ye...
    - syshum 5y ago
      DMCA can not superseded the 1st amendment, sorry There would be no test, it is plain and clear violation to prohibit it, just like the crytowars case, which is why the DOJ dropped it

cft 5y ago

There has to be a meaningful liability for sending defective DMCA notices. But there won't be, wrong times.

sam0x17 5y ago
When the boomers die out, the zoomers are going to obliterate DMCA. Their only exposure to it has been "thing that pisses off fav content creators"
- Chris2048 5y ago
  Assuming zoomer political engagement vs letting politicians do what they want.
  - sam0x17 5y ago
    You don't even need any. Eventually the zoomers will be the boomers, is more my point. At some point, even the baseline becomes progressive.

schoen 5y ago

Unfortunately, there are cases in which courts said approximately that implementing an algorithm (especially an algorithm that is a secret¹) without permission can be a violation of §1201. Recall (a)(3)(A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. ¹ yes, I know that it's weird to regard the algorithm as a secret when implementations are given out to the user [edited in response to correction by wtallis]

wtallis 5y ago
I'd be surprised if the courts actually held that implementing an algorithm was an act of circumvention. I expect they'd rather hold that to be in violation of a different paragraph: > (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— > (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; An implementation of the algorithm without the necessary key would still be a "component, or part thereof".
- schoen 5y ago
  Yes, thanks for the correction.
perihelions 5y ago
What happens if you print out the source code and publish it as a book? Can the courts prohibit a book? Phil Zimmermann asked this question in the context of export controls on "cryptography technology", i.e. the PGP software. MIT Press published the source code in 1995. But the US dropped its objections and this wasn't specifically tested in court (AFAIK, though similar questions were). https://en.wikipedia.org/wiki/Pretty_Good_Privacy#Criminal_investigation https://en.wikipedia.org/wiki/Pretty_Good_Privacy#Criminal_i...
- roastedpeacock 5y ago
  Do not think this has been tested under the DMCA statute unfortunately. The closest parallel was when 2600 Magazine was prevented from publishing DeCSS on their website by a court decision. https://www.eff.org/pages/unintended-consequences-fifteen-years-under-dmca https://www.eff.org/pages/unintended-consequences-fifteen-ye...
  - syshum 5y ago
    DMCA can not superseded the 1st amendment, sorry There would be no test, it is plain and clear violation to prohibit it, just like the crytowars case, which is why the DOJ dropped it