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31st December  Sony's Digital Rights Overridden by Consumer Rights

From The Register

Sony BMG has agreed to settle with a group of plaintiffs in a New York class action lawsuit relating to the Digital Rights Management (DRM) software that triggered consumer outrage and a PR disaster for the company. As part of the settlement, Sony will compensate those who purchased infected CDs and fix their computers.

The preliminary settlement was revealed in a filing with the US District Court for the Southern District of New York. It covers people who purchased or used a CD with Sony's now infamous XCP (Extended Copy Protection) software or the equivalent MediaMax software produced by Sony BMG partner Sunncomm. While both sets of DRM have their problems, XCP gained particular notoriety for opening up a security hole on computers that hackers were quick to exploit.

Under the terms of the settlement, Sony BMG would agree to provide the following:

  • Compensation for buyers of XCP CDs and MediaMax CDs
  • Software utilities to update and uninstall XCP and MediaMax software from consumers' computers
  • An agreement by SONY BMG to immediately recall of XCP CDs, and not manufacture MediaMax CDs for a period of at least two years
  • A series of injunctive measures governing any SONY BMG CDs manufactured with content protection software over the next two years
  • Defendants’ agreement not to collect personal information on Settlement Class Members through XCP, MediaMax and future content protection software, without their express and affirmative consent

Sony BMG has already put a program in place that allows consumers to exchange infected CDs for clean ones, and this settlement clearly dictates that this practice continue with Sony BMG providing free shipping of the CDs and encouraging stores to replace the goods.

To nudge consumers to act on the settlement, Sony BMG will be required to offer two different incentive packages. In addition to receiving a DRM-free version of their original CD, consumers will have the option of picking up a $7.50 cash payment and promotion code that allows them to download one of 200 albums. Or they can pick up a promotion code that allows for three album downloads. Interestingly, Sony must also work to make the downloads available on iTunes.

In addition, Under the Settlement, SONY BMG will implement several changes to its policies and procedures concerning content protection software and the EULAs associated with that software. These changes will ensure that the content protection software will not be installed without the user’s express consent, will be removable from the user’s computer, and will not render the user’s computers vulnerable to known security risks. In addition, the EULA’s will be written in plain English and will accurately describe the nature and function of the content protection software.

The settlement must still be approved by the court.

 

29th December  French Liberty

From Real Tech News

In a very narrow vote, French Parliament members voted 30 to 28 to accept an amendment proposing permitting free downloads of copyright content from the Internet for private use.

Attached to a broader copyright law proposal, the amendment–roughly translated–reads: Authors cannot forbid the reproductions of works that are made on any format from an online communication service when they are intended to be used privately and when they do not imply commercial means directly or indirectly.

In short, that language could open the way to the legalization of peer-to-peer downloading of copyright music and movies in the nation of about 8 million Net users, Jean-Baptiste Soufron, a legal counsel with the Association of Audionauts, said in a telephone interview with CNET News.com. The French advocacy organization has represented approximately 100 clients accused of sharing files illegally.

Under French copyright law, there’s a concept called “private copy,” which permits people to make copies of content for themselves or their friends, Soufron said. But lately, he added, they’re having a huge debate to know if ‘private copy’ includes downloaded content on the Internet or not.

The Association of Audionauts isn’t suggesting that copyright holders go without compensation, Soufron said. It supports pairing the amendment’s text with a royalty tax collected from Internet service providers. Those companies would likely raise the money by levying a monthly fee–say, 2 to 5 euros–on customers who engage in a certain amount of downloading and uploading.

 

21st December  Analogue Nastiness

From ZD Net

A new proposal in US Congress could please Hollywood studios, which are increasingly worried about Internet piracy, by embedding anticopying technology into the next generation of digital video products.

If the legislation were enacted, one year later it would outlaw the manufacture or sale of electronic devices that convert analog video signals into digital ones--unless those encoders honor an anticopying plan designed to curb redistribution. Affected devices would include PC-based tuners and digital video recorders.

This legislation is designed to secure analog content from theft that has been made easier as a result of the transition to digital technologies, House Judiciary Committee Chairman James Sensenbrenner Jr., a Wisconsin Republican, said late Friday. Criminals obtain copyrighted content and then redistribute for profit at the copyright owner's expense, he added.

Sensenbrenner's bill, also backed by Democratic Rep. John Conyers, is designed to plug what technologists have come to call the "analog hole." That's the practice of converting copy-protected digital material to analog format, stripping away copy protection, and shifting the material back to digital format with only a slight loss in quality.

The Motion Picture Association of America applauded the legislation, called the Digital Transition Content Security Act. MPAA Chairman Dan Glickman said in a statement that it was a very important piece of legislation that will promote more consumer choice as it protects copyright owners in the digital age.

The legislation was introduced just as Congress is departing for the holidays, so it likely won't be considered for the next few months. But it could draw strong opposition from consumer electronics makers and advocacy groups such as Public Knowledge and the Electronic Frontier Foundation, which already had expressed alarm over an earlier version.

• Digital video recorders with analog tuners or inputs would only be allowed to record "copy-prohibited" shows for 90 minutes. After that, the digital recording must be "destroyed or otherwise rendered unusable."

• Analog video output of "copy-prohibited" recordings would be permitted as long as it was to a VGA output with a resolution of no more than 720 pixels by 480 pixels.

• Violations would be punished by civil penalties between $200 and $2,500 per product. Commercial offenders would be imprisoned for up to five years and fined not more than $500,000.

• The two copy-protection systems that must be supported are Video Encoded Invisible Light--used in a Batmobile toy--and Content Generation Management System-Analog. Products manufactured and also sold to consumers before the law's restrictions kick in a year after its enactment would be legal to resell.

 

21st November  Hoping for Revolutionary PIN Ideas

Lets hope they can put Sky to shame and think up some ideas that support families with kids at different ages. Not that I would be brave enough to actually try and stop kids playing the 'in' games though.

From MegaGames

This may be the most unlikely news but Nintendo is developing a parental control system for the Revolution, in order to allow parents to lock-out their kids from unsuitable material.

By using a password-controlled setting, adults can decide what flexibility they'll allow younger players to have in playing video games rated by the ESRB. The system also ensures dedicated adult gamers can opt to play without limitations.

How does it work? The actual game software will contain a code indicating the rating, which will activate the control system to remain locked or unlocked. The feature will be included in every Revolution worldwide.

 

20th November  Can we Get Copies?

Hopefully Parliament will not be accepting advice from Sony

From The Register

The All Party Parliamentary Internet Group (APIG) is to hold a public inquiry into the issues surrounding Digital Rights Management (DRM), including the degree of protection needed for both copyright holders and consumers.

DRM software is designed to protect copyright in material such as music, films or software that is stored or transmitted digitally. It works by encrypting the content and managing how that content is used.

The policy debate around DRM is often cast as an argument between publishers of software, music and movies, anxious to prevent revenue loss from illegal duplication; and consumers, who fear they may lose existing rights to freely enjoy what they have purchased and to pass it on to others when they have finished with it.

The issue has hit the headlines recently as music giant Sony BMG has come under fire for selling CDs that install allegedly dangerous copy-control software on user’s PCs. The firm has now temporarily ceased production of the CDs.

However, to portray the issues surrounding DRM as merely a consumer versus publisher debate is misleading, said APIG today. APIG exists to provide a discussion forum between new media industries and Parliamentarians for the mutual benefit of both parties. It informs Parliamentary debate through meetings, informal receptions and reports.

It points to wider applications of DRM in, for example, allowing individuals to buy the right to read a book just once, or pay a fraction of a penny every time they play a song. This allows publishers greater flexibility in the services they offer and leads to increased consumer choice, says the Parliamentary Group. DRM systems bring threats and opportunities to both publishers and consumers, said APIG Chairman Derek Wyatt MP. This inquiry will seek to establish how consumers, artists and the distribution companies should be protected in a continually evolving market place.

The inquiry will focus on:

  • Whether DRM distorts traditional tradeoffs in copyright law;
  • Whether new types of content sharing license (such as Creative Commons or Copyleft) need legislation changes to be effective;
  • How copyright deposit libraries should deal with DRM issues;
  • How consumers should be protected when DRM systems are discontinued;
  • To what extent DRM systems should be forced to make exceptions for the partially sighted and people with other disabilities;
  • What legal protections DRM systems should have from those who wish to circumvent them;
  • Whether DRM systems can have unintended consequences on computer functionality;
  • The role of the UK Parliament in influencing the global agenda for this type of technical issue.

APIG requires written evidence from interested parties by 21st December 2005.

 

18th November  Sony Uninstall their Credibility

From the BBC

Sony's controversial anti-piracy CD software has been labelled as spyware by Microsoft.

The software giant said the XCP copy protection system counted as malicious software under the rules it uses to define what Windows should be protected against. As a result Microsoft will put utilities to find and remove the XCP system in the next update of its anti-spyware software. The same utilities will also go in to the December update for Microsoft's malicious software removal tool.

The news came as Sony BMG suspended production of CDs that use XCP.

From Idiotabroad

Sony-BMG would have you believe that only “20 CD titles use this form of copy protection”. You’d like to believe that after getting emberassed about using a rootkit to protect their music, that Sony Executives would come clean about how many releases are ‘infected’ by the spyware.

Well, your either wrong, or somewhat right, depending on how you look at the situation. So how on earth could Sony get away with this outright fabrication? The answer may luy in how you view the relationship between Sony, and their sister and sub-companies. Sony-BMG Music Entertainment, is a 50/50 joint venture that comprises several labels such as: Sony (duh!), Arista, Jive, Epic, Columbia, and several more. Those 45 albums, are comprised of releases across all these sub labels:

Foo Fighters - In Your Honour
Van Zant - Get Right with the Man
Ricky Martin - Life
Celine Dion - On Ne Change Pas
Neil Diamond - 12 Songs
Natasha Bedingfield - Unwritten
Kings of Leon - Aha Shake Heartbreak
Chris Botti - To Love Again
Switchfoot - Nothing Is Sound
Patty Loveless - Dreamin’ My Dreams
Montgomery Gentry - Something To Be Proud Of: The Best of 1999-2005
Mary Mary - Mary Mary
David Gray - Life In Slow Motion
Bob Brookmeyer - Bob Brookmeyer & Friends
Shelly Fairchild - Ride
Kasabian - Kasbian
Pete Seeger - The Essential Pete Seeger
The Bad Plus - Suspicious Activity
Elkland - Golden
Susie Suh - Susie Suh
Buddy Jewel - Times Like These
Chayanne - Cautivo
A Static Lullaby - Faso Latido
Our Lady Peace - Healthy In Paranoid Times
The Coral - The Invisible Invasion
Dexter Gordon - Manhattan Symphonie
Acceptance - Phantoms
Dion - The Essential Dion
The Dead 60s - The Dead 60s
Goapele - Change It All
Los Lonely Boys - TBD
Life of Agony - Broken Valley
George Jones - My Very Special Guests
Horace Silver - Silver’s Blue
Amici Forever - Defined
Ahmed Jamal - The Legendary Okeh and Epic Recordings
Anna Nalick - Wreck of the Day
Hitch - Soundtrack
Charlotte Martin - On Your Shore
Vivian Green - Vivian
Raheem DeVaughn - The Love Experience
Amerie - Touch
Nivea - Complicated
Mario - Turning Point
G3 - Live In Tokyo

From Silicon

Record label Sony BMG Music Entertainment said on Tuesday that it will recall millions of CDs that, if played in a consumer's PC, will expose the computer to serious security risks.

Anyone who has purchased one of the CDs, which include southern rockers Van Zant, Neil Diamond's latest album, and more than 18 others, can exchange the purchase, Sony said. The company added that it would release details of its CD exchange programme "shortly".

Sony reported that over the past eight months it shipped more than 4.7 million CDs with the so-called XCP copy protection. More than 2.1 million of those discs have been sold.

The company said in a statement: "We share the concerns of consumers regarding discs with XCP content-protected software, and, for this reason, we are instituting a consumer exchange programme and removing all unsold CDs with this software from retail outlets. We deeply regret any inconvenience this may cause our customers."

The company made the announcement - its second public apology since the CDs' risks came to light last week - just as security researchers found several other potentially dangerous flaws in the software.

 

14th November  A Nasty Attempt at Justice

It appears that the US will also need to build high density prison accommodation to house all the victims of this legislation.

From CNET News

The Bush administration announced on Thursday that it is lobbying for new laws that would bump up criminal penalties for pirates, expand criminal prosecutors' powers and punish anyone who "attempts" to infringe a copyright.

Attorney General Alberto Gonzales, speaking at an antipiracy summit here hosted by the U.S. Chamber of Commerce, said the Department of Justice recently submitted to Congress a "legislative package" aimed at toughening up intellectual-property enforcement amid evolving technology.  According to the proposal  being circulated by the department, the measure would create a new crime called "attempting to infringe a copyright" and subject it to the same penalties as more serious infringement offenses.

The proposal would also permit authorities to seize and destroy pirated and counterfeit goods--with a special nod to music, movies and digitally obtained materials. Also on that list are any goods used to produce pirated or counterfeit material, as well as property obtained with proceeds from the sale of pirated or counterfeit material.

In addition to possibly serving prison time, those convicted of infringements would, under the new law, have to pay the copyright holder "and any other victim of the offense" a sum to compensate for out-of-pocket losses resulting from the crime.

The Justice Department is also seeking in its proposal greater latitude for prosecutors. Right now it's only possible to enforce against copyrights that are registered with the government. The new proposal would make that true only in civil cases, allowing prosecutors to go after pirates regardless of whether the copyright is registered.

The Business Software Alliance--whose president lamented at Thursday's event the $33 billion annual toll from piracy on the software industry--applauded the move, saying the group looked forward to reviewing the proposed legislation. The Recording Industry Association of America also issued a statement of support.

That sentiment was not shared by the digital rights group Public Knowledge, which said in a statement that it wished the department:
had devoted some analysis as well to protecting the fair use rights of consumers. We are concerned that the Justice Department's proposal attempts to enforce copyright law in ways it has never before been enforced.

 

13th November  Sony Sued for Freakery

From the BBC
From The Register
From CNET News

Sony BMG is facing three lawsuits over its controversial anti-piracy software. Revealed in late October by Windows expert Mark Russinovich, the software copy protection system hides using virus-like techniques.

One class-action lawsuit has already been filed in California and another is expected in New York. Digital rights group, the Electronic Frontier Foundation (EFF), is also gathering information from users to see if a case can be brought.

The row erupted following Mark Russinovich's discovery that Sony BMG in America was using a so-called "root kit" to conceal the program used to stop some of its CDs being copied. "Root kits" are being increasingly used by virus makers to hide their malicious wares deep inside the Windows operating system.

Sony BMG used a program called XCP created by UK firm First 4 Internet that employed similar cloaking systems to hide the proprietary media player used to play tracks on 20 CDs made by the music giant and sold in the US. But since Dr Russinovich wrote about his discovery the row has snowballed and now has led to lawsuits being filed against Sony BMG.

XCP Protected CDs

  • Trey Anastasio - Shine
  • Celine Dion - On ne Change Pas
  • Neil Diamond - 12 Songs
  • Our Lady Peace - Healthy in Paranoid Times
  • Chris Botti - To Love Again
  • Van Zant - Get Right with the Man
  • Switchfoot - Nothing is Sound
  • The Coral - The Invisible Invasion
  • Acceptance - Phantoms
  • Susie Suh - Susie Suh
  • Amerie - Touch
  • Life of Agony - Broken Valley
  • Horace Silver Quintet - Silver's Blue
  • Gerry Mulligan - Jeru
  • Dexter Gordon - Manhattan Symphonie
  • The Bad Plus - Suspicious Activity
  • The Dead 60s - The Dead 60s
  • Dion - The Essential Dion
  • Natasha Bedingfield - Unwritten
  • Ricky Martin - Life

The Italian digital rights group, Electronic Frontiers Italy, has asked the nation's government to investigate Sony over its use of anti-piracy software. A weblog documenting the unfolding controversy and calling for a boycott of Sony products has also been created.

Anti-virus companies are starting to release software that can spot the XCP files. Symantec said it had made tools that can find the files but will not remove them. Computer Associates said that it would be releasing a tool to completely uninstall the XCP program.

UK security firm Sophos also plans to release a tool which will detect the existence of Sony's DRM copy-protection rootkit on Windows computers, disable it, and prevent it from re-installing.

At the same time anti-virus firm Kaspersky Labs branded the XCP program spyware because it hides itself, could compromise security and can slow machines down. Dr Russinovich has continued his investigation of the XCP software and has confirmed that when installed it can make a Windows computer more unreliable. He also criticised Sony BMG for making it difficult to get hold of software that can uninstall XCP.

Virus writers have now begun taking advantage of Sony-BMG's use of rootkit technology in DRM software bundled with its music CDs. Sony-BMG's rootkit DRM technology masks files whose filenames start with "$sys$". A newly-discovered variant of of the Breplibot Trojan takes advantage of this to drop the file "$sys$drv.exe" in the Windows system directory.

This means, that for systems infected by the Sony DRM rootkit technology, the dropped file is entirely invisible to the user. It will not be found in any process and file listing. Only rootkit scanners, such as the free utility RootkitRevealer, can unmask the culprit, warns Ivan Macalintal, a senior threat analyst at security firm Trend Micro

The malware arrives attached in an email, which pretends to come from a reputable business magazine, asking the businessman to verify his/her "picture" to be used for the December issue. If the malicious payload contained in this email is executed then the Trojan installs an IRC backdoor on affected Windows systems.

Romanian anti-virus firm BitDefender confirms that the malware is in the wild but a full technical analysis of the Trojan is yet to be completed. The response of anti-virus firms, some of which have only promised to flag up rather than block system changes made by Sony-BMG's rootkit, remains unclear.

Sony BMG Music Entertainment said Friday that it will suspend production of CDs with the invasive copy-protection technology. The decision by the music label comes after 10 days of controversy around the technology, which is designed to limit the number of copies that can be made of the CD and to prevent a computer user from making unprotected MP3s of the music.

We are aware that a computer virus is circulating that may affect computers with XCP content protection software, the record label said in a statement Friday. We stand by content protection technology as an important tool to protect our intellectual property rights and those of our artists. Nonetheless, as a precautionary measure, Sony BMG is temporarily suspending the manufacture of CDs containing XCP technology.

The company said it is not halting production of all discs that contain additional copy-protection technologies. It also uses antipiracy technology from SunnComm and will keep manufacturing CDs carrying that software, a Sony BMG representative said.

 

11th November  All Regions Hate Sony

Hopefully they realise this and are backing off a little from their control freakery

From The Register

Sony PlayStation 3 games may ship without codes that fix releases to specific geographical territories.

According to Sony Computer Entertainment Australia chief Michael Ephraim, the company sees the emergence of a global HDTV standard as the basis for dropping region-coding, in an interview with Australian IT.

If you look at the fact that [the PS3] will support high-definition TV, which will be a global standard, there's a good likelihood that it will be global region, as for example we've done with the PSP, he said.

PlayStation and PS2 games are currently fixed to specific regions, much like DVDs are. A game bought in, say, the US will not play in a machine purchased in Europe, a least not without controversial and potentially illegal modification work on the console. The legality of the action depends in which country the change is made.

 

9th November  Sony Under Fire for Spying

From CNET News

Sony rightly came under fire last week from programmers and Internet users for injecting an undetectable copy-prevention utility into Microsoft Windows when certain CDs are inserted.

Now the lawyers are taking aim, too. Robert Green, a partner at the San Francisco firm of Green Welling, says he's readying a class action lawsuit against Sony.

We're still investigating the case and talking to different people about what happened to them, Green said on Friday. He plans to argue that under California law, if you buy a copy-protected CD from a music store, you should be informed that a spyware-like utility will be implanted on your hard drive.

The fuss last week began when Mark Russinovich, a Windows programmer and author, posted a description of how he traced some mysterious processes and hidden files on his computer back to SonyBMG's "Get Right with the Man" CD. It turned out that they were part of Sony's digital rights management technology designed to thwart illicit copying.

It's a wacky result when both Sony and its hapless customers could be embroiled in legal hot water at the same time. Sony has backpedaled a little, saying that the hidden files can be uncloaked. But customers still have to beg for help if they want to uninstall the software.

Still, it may be too late for the entertainment giant to fend off the plaintiff's bar. One recent court case in Illinois, Soleto v. DirectRevenue, sets a nonbinding precedent that lawyers expect to be invoked against Sony.

In that case, DirectRevenue was sued for installing spyware on Windows computers without obtaining proper authorization from a user. U.S. District Judge Robert Gettleman said the company could be sued on trespass, Illinois consumer fraud, negligence, and computer tampering grounds.

Then there's a California spyware-related law that says a company may not "induce" anyone to "install a software component" by claiming installation is necessary to "open, view or play a particular type of content."

Translation: Sony could be in double trouble. Its Windows software is hardly necessary to play music--the disc works just fine on a Macintosh or in an old-fashioned CD player.

Meanwhile, dozens of other states are considering similar laws, each with slightly different wording. So is Congress.

 

4th November  Sony Pirates Hijack Your CD Drive

From the BBC

Sony's music arm has been accused of using the tactics of virus writers to stop its CDs being copied.

One copy protection system analysed by coder Mark Russinovich uses cloaked files to hide deep inside Windows. The difficult uninstallation process left Russinovich saying that Sony's anti-piracy efforts had gone "too far".

Russinovich, a renowned Windows programming expert, came across the Sony BMG anti-piracy system when performing a scan of his computer with a utility he co-created that spots so-called rootkits. Rootkits are starting to be used by a small number of computer virus writers because they allow malicious code to be inserted deep inside the Windows operating system, meaning that it will not be spotted by most anti-virus scanners. Rootkits are used to hide malicious software once it is installed and ensure it is not found and removed by anti-virus programs

After extensive analysis Russinovich realised that the "cloaked" software had been installed when he first listened to the CD album Get Right With the Man CD by country rockers Van Zant. Although resembling a virus, Russinovich found the hidden files had come from an anti-copying system called Extended Copy Protection (XCP) developed by UK software company First 4 Internet.

About 20 titles are thought to be using the XCP software and in May 2005 Sony said more than two million discs had been shipped using the technology. XCP is just one of several anti-piracy systems Sony is trying. XCP only allows three copies of an album to be made and only allows the CD to be listened to on a computer via a proprietary media player. The hidden files are installed alongside the media player.

Ridding his computer of XCP proved difficult and briefly crippled Russinovich's CD player. Writing in his blog about the incident, he said: Not only had Sony put software on my system that uses techniques commonly used by malware to mask its presence, the software is poorly written and provides no means for uninstall.

Russinovich said the licence agreement that he accepted when he first listened to the CD made no mention of the fact that he could not uninstall the program or of the significant changes it made to his computer.

If Sony BMG released XCP copy-protected CDs in the UK this oversight could leave the music company open to prosecution under the Computer Misuse Act because it made "unauthorised" changes to a machine, said net law expert Nick Lockett: There would be no problem if there's a big screen coming up saying as part of the anti-piracy measures this CD will amend your operating system.

Russinovich feared that diligent users trying to keep their systems clean of viruses could stumble across the hidden XCP files, delete them and inadvertently cripple their computer.

His worries were echoed by Mikko Hypponen, chief research officer at Finnish security firm F-Secure, who has been looking into XCP since he first came across it in late September: What we are scared of is when we find a new virus written by someone that relies on the fact that this [XCP] software is running on tens of thousands of computers around the world. The rootkit would hide that virus from pretty much any anti-virus program out there.

He said the debate on the net sparked by Russinovich's work had prompted the company to release information to anti-virus companies to help them correctly spot the hidden XCP files. Consumers can also contact Sony BMG for the patch to unveil, rather than remove, the hidden files. He said that users were adequately warned about the copy protection software in the licence agreement and were told that it used proprietary software to play the CD.

A spokesman for Sony BMG said the licence agreement was explicit about what was being installed and how to go about removing it. It referred technical questions to First 4 Internet. Gilliat-Smith said Russinovich should have contacted Sony BMG which gives consumers advice about how to remove the software. Getting the software removed involves filling in a form on the Sony website, visiting a unique URL and agreeing to have another program downloaded on to a user's PC that then does the uninstallation.

The CD plays normally on a hi-fi system and the copy protection does not affect computers running on Apple Mac or Linux operating systems.

 

4th November Flagging Support for Copy Prevention

From CNET News

A plan in US Congress to revive the "broadcast flag," a controversial form of copy-prevention technology for digital TV broadcasts, drew a mixed response from politicians recently. At a hearing convened by a U.S. House of Representatives panel, some committee members appeared to endorse the broadcast flag proposal, while others said it was premature.

I'm not quite sold on the idea yet. said Rep. Rick Boucher, a Virginia Democrat and one of Congress' more prominent supporters of "fair use" rights. Boucher said he understood the "logic" behind the flag but feared the current proposals would be unduly restrictive. He said he saw no reason why news and public affairs programs, for instance, needed to be "flagged."

But Rep. Howard Berman, a high-ranking California Democrat, said he was concerned over the fact that mass indiscriminate distribution of unauthorized copies is still possible and said Congress must prevent "abusive use of technology."

No legislation has been introduced yet, but draft proposals have been circulating this week.

Earlier this year, a federal court threw out Federal Communications Commission regulations mandating the so-called flag, a device intended to prevent television viewers from freely copying digital broadcasts and reusing them. The entertainment industry has argued that without adequate safeguards, the increasing shift to digital television broadcasts will leak copyright content to the Net and create new avenues for copying.

One of the proposals asks Congress to authorize the FCC to reinstate the video broadcast flag, while the second proposes a new broadcast flag for digital radio. The third calls for plugging a so-called "analog hole"--that is, outlawing consumer devices designed to convert copy-protected digital material to analog format, strip the copy protections, and then shift it back to digital format.

We want a free marketplace, not a black marketplace, said Dan Glickman, CEO of the Motion Picture Association of America, which, along with the recording industry, has been lobbying for the broadcast flag requirement.

Rep. Zoe Lofgren, a California Democrat, said that we should do what we can to support content owners from being ripped off. But she said that protection should not come at the expense of limiting the rights of consumers or impeding the growth of new technology.

By the end of the hearing, members of the panel appeared to be divided on what course they will take.

Rep. Darrell Issa, a California Republican, suggested it was the FCC's "core responsibility" to set technological standards with regard to what happens over the airwaves. Twenty members of Congress dispatched a letter in September calling for speedy reinstatement of at least the television broadcast flag, though no politician offered an outright endorsement at Thursday's hearing.

 

24th October  Voice Over IP Goes Silent

From Spectrum Online

The convergence of telephony and the Internet is a great thing for consumers. It makes voice-over-Internet-Protocol (VoIP) services, such as Vonage, Packet8, and Skype, possible.

In particular, Skype Technologies SA, in London, looms as a dagger poised to cut your phone costs and your local phone company's profits. With its SkypeOut service, a call anywhere in the world costs about 3 US cents per minute. And when the recipient is also a Skype user, the call is absolutely free.

In some countries, such as Saudi Arabia, regulations protect a phone company's revenues, prohibiting customers from saving money by making phone calls using any service other than the national carrier, Saudi Telecom, based in Riyadh. Skype users there have gleefully flouted those regulations, paying cheap local tariffs to access the Internet and use it for their calls, instead of directly using Saudi Telecom's expensive long-distance and international calling services.

Although these Skype calls travel along Saudi Telecom's network, the national carrier had been helpless to prevent the practice. VoIP phone calls were just ordinary data packets, indistinguishable from Web and e-mail traffic. Until now.

A seven-year-old Mountain View, Calif., company, Narus Inc., has devised a way for telephone companies to detect data packets belonging to VoIP applications and block the calls. For example, now when someone in Riyadh clicks on Skype's "call" button, Narus's software, installed on the carrier's network, swoops into action. It analyzes the packets flowing across the network, notices what protocols they adhere to, and flags the call as VoIP. In most cases, it can even identify the specific software being used, such as Skype's.

Narus's software can secure, analyze, monitor, and mediate any traffic in an IP network, says Antonio Nucci, the company's chief technology officer. By "mediate" he means block, or otherwise interfere with, data packets as they travel through the network in real time.

Another of Narus's Skype-blocking customers is Giza Systems, a consulting company that specializes in information technologies. Giza, which is based in Cairo, Egypt, installed Narus's software on the network of a Middle Eastern carrier in the spring. Nucci wouldn't say which one, but presumably it is Telecom Egypt, the national phone company. Narus already has a close relationship with the carrier, having written the software for its billing system.

The desire to block or charge for VoIP phone calls extends far beyond the Middle East. According to Jay Thomas, Narus's vice president of product marketing, it can be found in South America, Asia, and Europe. International communications giant Vodafone recently announced a plan to block VoIP calls in Germany, Thomas says. A French wireless carrier, SFR, has announced a similar plan for France.

Nor is it just Skype that's at risk. Most international telephone calling cards also use VoIP technology.

In the United States and many other countries, a phone company's common carrier status prevents it from blocking potentially competitive services.

But there's nothing that keeps a carrier in the United States from introducing jitter, so the quality of the conversation isn't good, Thomas says. So the user will either pay for the carrier's voice-over-Internet application, which brings revenue to the carrier, or pay the carrier for a premium service that allows Skype use to continue. You can deteriorate the service, introduce latency [audible delays in hearing the other end of the line], and also offer a premium to improve it.

U.S. broadband-cable companies are considered information services, which by law gives them the right to block VoIP calls. Comcast Corp., in Philadelphia, the country's largest cable company, is already a Narus customer; Thomas declined to say whether Comcast uses the VoIP-blocking capabilities.

In August, a Federal Communications Commission ruling gave phone companies the same latitude for DSL.

Narus's software does far more than just frustrate Skype users. It can also diagnose, and react to, denial-of-service attacks and dangerous viruses and worms as they wiggle through a network. It makes possible digital wiretaps, a capability that carriers are required by law to have.

However, these positive applications for Narus's software may not be enough to make Internet users warm to its use. Protecting its network is a legitimate thing for a carrier to do, says Alex Curtis, government affairs manager for Public Knowledge, a consumer-interest advocacy group in Washington, D.C. But it's another thing for a Comcast to charge more if I use my own TiVo instead of the personal video recorder they provide, or for Time Warner, which owns CNN, to charge a premium if I want to watch Fox News on my computer.

Such concerns used to be largely academic, because carriers had no way of restricting the activities of their customers anyway. Software such as Narus's, with its ability to do what the company euphemistically calls "content-based billing," puts the issue front and center.

 

11th October  Individual Persecution Rights

From The Register

UK quango the National Consumer Council (NCC) has called on European Commission legislators to take a fairer stance on consumer intellectual property rights.

The NCC believes it's disproportionate to invoke ever-tougher penalties for individuals found guilty of infringing intellectual property laws. The key word is 'individuals', because the NCC sees a clear difference between consumers copying content and "organised criminal gangs" doing the same. There is a difference - the latter are motivated solely by financial gain while consumers generally aren't. At the same time, because technology has made it so easy for consumer to duplicate content, the effect on copyright holders is increasingly the same whoever does the copying.

The European Commission must think again before bringing in new and tougher intellectual property laws, said the NCC's policy director Jill Johnstone. Criminal sanctions for infringing copyright holders' rights must be applied only to organised crime - not to individual citizens making use of new technologies.

Moves are afoot in Brussels to tighten up enforcement of intellectual property laws, she added. It could mean consumers facing criminal sanctions and a criminal record for sharing creative content.

Alas, just as the EC is failing to differentiate between pirates and those who copy for convenience - which we think are the people the NCC has in mind: those folk who copy CDs so they can also play songs in the car, say - the NCC similarly fails to appreciate there's a difference between a consumer who engages in what might be termed a 'fair use' and another who posts thousands upon thousands of new songs for anyone and everyone to plunder.

Any new laws must be very clear on this point and must strike a balance between right holders’ interests in getting a fair return and the public and consumer interests of fair access and use, and the encouragement of innovation, added Johnstone.

 

8th October  Sony Freakery Snubbed in Australia

From the BBC

Sony has lost a legal battle in Australia over the modifying of its PlayStation games console. The High Court has ruled that chipping the console so that it can play imported games does not breach copyright law. The ruling ends a four-year legal battle between Sony and a supplier of so-called mod chips, which bypass regional controls on the machine.

Consoles such as the Xbox and PlayStation 2 can be modified by chips that are soldered to a console's main circuit board to bypass copyright and regional controls. The chips allow people to play games purchased legitimately in other countries, as well as running backup copies or bootleg discs.

The case in Australia revolved around retailer Eddy Stevens who supplied and installed modification chips in PlayStation consoles. Sony argued that the mod chips were a breach of copyright under Australian law.

After a series of conflicting judgements from different courts, the High Court has come down on the side of Stevens. It ruled that mod chips do not breach copyright. It decided that while the chips let gamers play copied or imported games, they do not enable the copying of games.There is no copyright reason why the purchaser should not be entitled to copy the CD-Rom and modify the console in such a way as to enjoy his or her lawfully acquired property without inhibition, said the court ruling.

Sony sought to impose restrictions on the ordinary rights of owners, respectively of the CD-Roms and consoles, beyond those relevant to any copyright infringements. In effect, and apparently intentionally, those restrictions reduce global market competition, said the judgement

A lawyer for Stevens said the judgement would allow Australian consumers to buy lower price versions of games overseas and play them on their modded consoles.

This is a hell of a victory for the consumer. That's why we did it,  Stevens told Australian television.

 

7th October  Free Speech Rights Management

From The Register

The Finnish government voted yesterday to make it illegal to copy media, even for personal use, if you have to subvert copy protection to do so. The legislation was passed by 121 votes to 34.

The updated copyright protection laws have been criticised for ignoring consumers' rights, and the bill itself has been branded confusing and badly worded.

Until now, Finland had allowed copying for personal use, and had a blank media levy in place to compensate authors. But under the new laws, not only will copying for personal use become illegal, so will possessing, distributing or advertising tools that break copy protection. P2PNet points out that the law prohibits even "organised discussion" of such things.

According to Finnish News Agency STT, the government appended a note to the legislation asking content producing industries to voluntarily agree not to prosecute individuals for making a few copies for their own use.

 

7th October  Counterfeit Travel Guide

From The Guardian

A coalition of companies from the music, film, software and pharmaceuticals industries have launched a new body to combat piracy. British music group EMI, French media conglomerate Vivendi Universal and drugs group GlaxoSmithKline are among the companies backing the Business Action to Stop Counterfeiting and Piracy group (Bascap), which drew up its first plan of action at a meeting in EMI's London head office yesterday.
The plan includes compiling a compendium of case studies on piracy, developing a body that will pool the best anti-piracy strategies and drawing up piracy league tables, which are expected to name and shame counterfeiting "hotspots" around the world.

Eric Nicoli, EMI chairman and co-chairman of Bascap, said the disparate group of executives had been brought together by the speed of developments in technology, which mean that it is now possible to replicate pretty much every product pretty much as accurately as possible.

Bob Wright, chairman and chief executive of Universal Studios, owner NBC Universal, raised the prospect of Bascap research being used to label cities and countries as piracy centres: A lot of countries are afflicted with the [piracy] problem. No country wants to known as a pirate location. No businessman wants to be in a city or country known as a piracy capital. Even good businesses can be taken down if they operate in an area known as a piracy location.

Wright said he expected a resolution to a possible hurdle in the anti-piracy campaign: the ongoing dispute over what will be the dominant high-definition DVD format through the next decade. Sony's Blu-Ray technology, which the company claims offers better copyright protection, is backed by the Japanese group's Sony Pictures, Rupert Murdoch's 20th Century Fox and Disney. Toshiba's HD-DVD is backed by NBC Universal, Viacom's Paramount studio and Microsoft, which backed HD-DVD because the format makes it easier to copy the disks to a computer hard drive.

Martin Wassell, head of policy at the International Chamber of Commerce, Bascap's parent organisation, said that the anti-piracy drive is expected to call for better enforcement of existing laws rather than campaign for new legislation: Our principle task will be raising awareness of governments and law enforcement authorities to the size of the problem.

Although short on details about budget and the specific countries it will be targeting, Bascap reeled off a number of facts to illustrate the scale of the piracy issue. Steven Ballmer, Microsoft's chief executive, told the meeting that the revenue lost by the software industry to piracy every year was equal to the value of the entire record industry: $33.6bn (£19bn).

 

1st October  Mandatory Incompetence at Sky

As observed by Shaun

Sky have just introduced new parental controls for their Sky+ box. This might be considered a "good thing", in some ways. BUT:

On Sky+, if you want to play back any 15, or 18 rated recording before the watershed, you now HAVE to enter your PIN number. There is NO option to prevent that, in the settings. It is IMPOSED on you, EVEN if there are no children in the house. One person at Sky arrogantly said it is here to stay, and there is nothing you can do about it.!

HOWEVER in their wisdom, they have in fact made parental control HARDER than it was before.

How on earth do I ALLOW my 15 year old son, to watch 15 rated movies, in the day, which he is old enough to do, in our absence, WITHOUT having to give him my one and only PIN number which would ALSO allow him to watch 18 rated movies, including adult programmes if I had subscribed to any of them, and recorded them ?

Currently I don't have this flexibility. I have to give him ALL or NOTHING.

In the past, I could simply apply restriction to 18 rated content in the parental control menu, and this would prevent playback and viewing of 18 rated content at any time, but allow 15 rated content.

Clearly the idiots at Sky and elsewhere, have not thought this one through. It makes me wonder if they are really fit to be in charge of a service such as this ?

 

21st September  Finns Not Copying Other Europeans

From The Register

Fears that Finland's upcoming new copyright legislation would de facto render MP3 players illegal are unfounded, Ministry of Justice officials have claimed.

Like the US' Digital Millennium Copyright Act (DMCA) and laws enacted by other European Union member states under the direction of the European Union Copyright Directive (EUCD), Finland's proposed new law would ban the circumvention of copy protection mechanisms. That said, the law does make it possible to copy music for personal use, which gives, say, CD owners the right to rip songs in order to transfer the songs to an iPod Nano.

Indeed, such a freedom is not granted to other European citizens. English law, for example, does not permit recording owners to make copies for personal usage beyond certain academic/study purposes, technically rendering the act of transferring a CD - even a CD you own - to an MP3 player illegal.

That doesn't render iPods illegal, incidentally, because they have substantial non-infringing uses, such as holding tracks for which the player owner holds the copyright, or for licensed copies like those downloaded from the iTunes Music Store.

In Finland, Jukka Liedes, an official with the Ministry of Justice, yesterday claimed bypassing copy protection for the purpose of make a copy for personal use only would not be criminalised under the new law, Finnish newspaper Helsingin Sanomat reported today.

The bill goes before the Grand Committee of Finland's Parliament today. The Committee has the right to amend the proposed law, and it appears likely a change removing the copy protection circumvention clause may be suggested.

Finnish Minister of Culture Tanja Karpela yesterday called on the Committee not to make such a change - or the new law may fail to meet the requirements of the EUCD.

 

8th September  No Share in the Spoils for Kazaa

From the BBC

An Australian court has ruled that the popular file-swapping program Kazaa urged its users to breach copyright. The Federal Court ordered Kazaa's owners, Sharman Networks, to modify the software to prevent further piracy.

The ruling comes after months of legal wrangling between Sharman Networks, and a group of record labels.

Although the ruling is only enforceable in Australia, the record industry has hailed it as a victory that would resonate around the world.

Today's judgement shows that Kazaa, one of the biggest engines of copyright theft and the biggest brand in music piracy worldwide, is illegal, said John Kennedy, chairman of the International Federation of Phonographic Industries.

The defeat for Kazaa comes two months after the Supreme Court in the US ruled that file-sharing services could be held liable for copyright infringement under certain circumstances.

The lawsuit was brought by five record labels - Universal, EMI, Sony BMG, Warner and Festival Mushroom - who said that Kazaa technology helped copyright infringement on a huge scale.

The defendants in the case argued they had no control over how people used their technology, comparing it to a photocopier or tape recorder.

In his ruling, Federal Court Judge Murray Wilcox said the owners of Kazaa had long known that the Kazaa system is widely used for the sharing of copyright files. He went on to say that the effect of the Kazaa website was to encourage visitors to think it 'cool' to defy the record companies by ignoring copyright constraints.

The judge dismissed as "overstated" accusations that Kazaa's owners were infringing copyright themselves.The more realistic claim is that the respondents authorised users to infringe the applicants' copyright in their sound recordings.

Kazaa's owners were ordered to modify the software within two months to include filters designed to stop the sharing of copyright material.

A fresh round of hearings will now be held to determine the level of damages, which could run into the millions of dollars.

Lawyers for Kazaa said they would appeal against the decision.

The victory for the record industry may be too little, too late. Research shows that file-sharers have already moved from Kazaa to other peer-to-peer software. It just isn't as big a player as it once was, as BitTorrent and eDonkey are now far more important to file sharers, said Professor Michael Geist, an e-commerce expert at Ottawa University.

 

5th September  Beware of Downloads, Your Investment may Vapourise

From Silicon

The Electronic Frontier Foundation (EFF) has put the issue of DRM (digital rights management) in online music under the microscope - and has found the key digital song shops seriously wanting.

Apple, Microsoft, Napster and Real have all left consumers hamstrung with the DRM on their services, according to the EFF, and have couched the restrictions in marketing spin.

Microsoft's Plays for Sure initiative - where the Redmond giant promises compatibility between services and devices bearing the Microsoft sticker - comes in for criticism for not necessarily 'playing for sure'.

What happens if you later want to switch to a WMA-incompatible iPod or a superior device that Microsoft won't license? You'll have to rebuy your music collection. Unlike MP3s, you can't easily convert DRM-crippled music to a different format. Likewise, if you switch music stores, you might have to buy a new set of compatible devices. And if the time comes that stores and devices no longer support your DRM, you're entirely out of luck.

Apple, Microsoft and Napster all sell tracks with the ability to change buyers' usage rights at any time. For example, at the time of purchase, a user may be permitted to burn an album to CD seven times. DRM permits an online music service to reduce that number at any point with no input or comeback from the buyer.

Apple has used DRM in this way, dropping the number of burns permitted for iTunes downloads from 10 to seven.

The report also notes that despite Real's frustration over being locked out of iPod compatibility and subsequent efforts to crack the Mac maker's DRM, its DRM behaviour is less than ideal for consumers. Real's 'Freedom of Choice' campaign says that consumers should be able to play their music using the device of their choice. That's what you want but it's not what you'll get from Real or any other service that sells songs wrapped in DRM. Real's customers are chained to the narrow set of software and devices licensed to unlock Real's proprietary DRM or Microsoft's Windows Media Audio (WMA) DRM. Want to stream music throughout your home with Creative's Sound Blaster Wireless Music? Too bad. Can't do it with music from Real.

The report also raps Napster over the knuckles:
Napster 2.0 and many services like it provide celestial music jukeboxes but you better bring a sack of quarters. Using DRM, they charge extra for many traditionally free uses of your music... Napster 2.0 is divided up into three services. They all share one thing: complicated, restrictive DRM.

 

31st August  Windows Bolted Shut

I will be ensuring that I have a few PCs running Windows XP for a while yet then. Perhaps High definition TV will have a slow take up if you are not allowed to watch anything without paying high rental prices

Based on an article from CNET News

As Microsoft readies the next version of its Windows operating system, called Vista, the software giant is building in unprecedented levels of safeguards against video copying.

For the first time, the Windows operating system will wall off some audio and video processes almost completely from users and outside programmers, in hopes of making them harder for hackers to reach. The company is establishing digital security checks that could even shut off a computer's connections to some monitors or televisions if anticopying procedures that stop high-quality video copying aren't in place.

In short, the company is bending over backward--and investing considerable technological resources--to make sure Hollywood studios are happy with the next version of Windows, which is expected to ship on new PCs by late 2006. Microsoft believes it has to make nice with the entertainment industry if the PC is going to form the center of new digital home networks, which could allow such new features as streaming high-definition movies around the home.

PCs won't be the only ones with reinforced copy-proofing. Other new consumer electronics devices will have to play by a similar set of rules in order to play back the studios' most valuable content, Microsoft executives say. Indeed, assuring studios that content will have extremely strong protection is the only way any device will be able to support the studios' planned high-definition content, the software company says.

The protections may come with costs, including the risk of compatibility problems between some older monitors or TVs and Vista computers, particularly when trying to play high-quality video, and difficulty doing some casual copying, such as recording Internet audio.

Hollywood studios didn't get all the protections they wanted in Vista, and record labels have even seen some of their key concerns about copy-protecting CDs left unaddressed. But the Vista operating system as a whole goes much further than any general-purpose computing platform before it toward addressing content companies' piracy fears.

These changes are worrisome to some computer programmers and digital activist groups. They fear that increasingly high security levels will block off avenues of programming innovation, or even stop computer owners from accessing portions of their own machines--a little like walling off a room inside a private house.

Several major changes have been made to the way the operating system will handle video and audio, though few of these are included in the early version now in the hands of beta testers. The rest of the components will likely be added in the next, as yet unscheduled, beta release, and will be in the final launch of the operating system next year.

Essentially, this means that much of the actual heavy lifting of decoding, unlocking and playing the audio will happen in what some engineers refer to as a separate "sandbox." Media player applications will send remote control commands such as play, fast-forward or stop into this protected space, without directly handling the data as they do today.

Technology called the "Protected Video Path" will then attempt to ensure that a video stream is encrypted--and thus difficult to copy--all the way until it reaches a monitor or other device where it is being displayed.

This won't always be possible, because most analog plugs, and some digital connections, don't support this kind of copy protection. Part of Vista's job will be to check to see what kind of devices are linked to the computer, and through what kind of connection, and decide whether the content can be encrypted or otherwise protected over that link.

If the answer is "no," in the case of high-resolution Video Graphics Array (VGA) connections, or some early Digital Video Interface connections, the computer could shut down output of video altogether through those plugs, if the content owners require that.

Alternately, Vista will include a "constriction" feature that can decrease the resolution of high-definition video on the fly, outputting a version that is slightly fuzzier (about the same as today's DVDs) than the pristine original. This can be used as an alternative to blocking a connection altogether, if a content company won't let high-definition video play over the lower-security outputs.

A similar process will happen for copy-protected audio files, potentially encrypting the audio until it leaves the computer, and offering the ability to turn off specific outputs if content owners deem them insecure.

 

27th August  Olympic Shite

From The Guardian

After the 1996 Atlanta games were sullied by rampant over-commercialisation, the International Olympic Committee vowed "never again". Never again would non-Olympic sponsors fill billboards with their ads to snatch some Olympic cachet. Never again would dubious entrepreneurs be able to lease large tracts of land in the host city for tacky souvenir stalls.

Never again would the lofty Olympic ideals be exploited for commercial gain by anyone who hadn't paid vast sums of money for the privilege. Scarred by the Atlanta experience, the IOC now legally requires every host city to prevent ambush marketing - companies trying to associate themselves with the Olympics without paying to be an official sponsor.

Sydney 2000 was the test case for the tough new controls on rogue advertisers and all agree that the games down under struck a fair balance between commercialism and maintaining the integrity of the Olympics. But British advertisers fear that the organisers of the London 2012 games have now strayed into Orwellian territory.

So keen is the Blair government to comply with the IOC's requirements that it has banned several seemingly innocuous words to stop ambush marketers associating themselves with the London games. According to the London Olympics bill now before parliament, advertisers will not be able to use the words "summer", "London", "gold", "silver" or "bronze" in conjunction with "games" or "2012".

Slogans such as "Come to London in 2012", "Play our new poker games this summer" or "Watch the games at our pub this summer" would be off-limits. Businesses that fall foul of the laws face fines of up to £20,000. British advertisers are seething over what they consider an over-zealous interpretation of the IOC's rules.

Marina Palomba, the legal director of the Institute of Practitioners in Advertising (IPA), said: This sort of legislation is insulting. It is specific and unprecedented protection for a small group of internationally based, predominantly non-UK companies to the detriment of all other businesses. Such severe controls are also likely to inflate the value of official Olympic sponsorships - already the province of a few wealthy corporations.

Eleven multinational companies - including McDonald's, Coca-Cola, Samsung, Visa, Kodak and Omega - have paid the IOC a total of $866m (£480m) for the right to be the official worldwide partners of the Olympics from 2005 to 2008. This is nearly a third more than the previous group of sponsors paid to be associated with the summer games in Athens in 2004 and the winter games in Nagano in 2002.

Official sponsors have the rights to use the Olympic trademarks and symbols, and are guaranteed these rights will be denied to their competitors.

The Department for Culture, Media and Sport argues that the proposed new advertising regulations are necessary for London to host the games. The legislation prevents companies from cashing in on the event without having paid to become an official partner, a spokesman says.

The DCMS claims the restrictions simply mirror those that applied in Sydney. However, the Sydney 2000 Games (Indicia and Images) Protection Act only banned unauthorised use of "gold", "silver" or "bronze" with the words "Olympian" or "Olympic".

The IPA is lobbying MPs to dump the "arbitrary" list of banned words. "This goes much, much too far. To not be able to say 'go bronze in 2012' without infringing the act is ludicrous," Palomba says. The IPA contends that the existing Olympic Symbol Protection Act, which bans unauthorised use of "Olympics" and "Paralympics" and variations of these terms, protects sponsors sufficiently.

The IPA also wants the automatic presumption of guilt contained in the draft bill reversed. As it stands, the onus is on businesses to prove they did not infringe official sponsors' rights, rather than require LOCOG to prove they did.

The DCMS stresses that LOCOG will enforce the restrictions "in a proportionate and sensible way". [The track record of this Government suggests that these will prove to be weasel words]

But the IPA's furious lobbying appears to be paying off. Palomba received a call from the DCMS this week asking her to come in to discuss amendments to the London Olympics bill. I hope they've realised they made a mistake, she says.

 

20th August  Olympic Freakery

From Index on Censorship

The government's planned Olympics Act would set out strict rules to combat use of Games-related words and images by non-official advertisers. Existing legislation already prevents non-official sponsors from using distinctive "Olympic marks" like the Olympic rings. The new act could make it illegal to combine words like "games", "medals", "gold", "2012", "sponsor" or "summer" in any form of advertising in the UK without permission. Breaches could be punished by fines of up to £20,000, or unlimited fines in more serious cases.

 

9th August  Hong Kong Action

From the BBC

Sony is taking the Hong Kong-based online retailer Lik-Sang.com to court over sales of the PlayStation Portable (PSP) ahead of its launch in Europe.

Sony Computer Entertainment Europe alleges that Lik-Sang.com has breached trade mark rights by offering the PSP for sale to customers in the UK.

It is seeking a court order to stop sales of PSP consoles, games and accessories in Europe.

 

31st  July  Dutch Nonsense

From The Register

Dutch Anti piracy organisation BREIN has won its battle to prevent distributor Teledirekt distributing the controversial DVD X Copy family of utilities in the Netherlands.

Teledirekt refused to follow orders from BREIN to stop selling the software, despite the fact that DVD X Copy developer 321 Studios went bankrupt last year and stopped making the software.

Injunctions entered against 321 Studios by three US Federal courts last year resulted in 321 Studios no longer being able to continue operating the business.

Since last year selling DVD duplication software that allows users to make backup copies of copy protected DVDs is illegal in the Netherlands. Teledirekt has to hand over all remaining copies of the software, and provide BREIN with a list of individuals or companies that bought the software. BREIN also intends to press for compensation over lost revenues

 

17th July  Dutch Sense

From CNET News

A Dutch judge ruled recently that Internet service providers would not have to hand over names or addresses of customers who may be illegally swapping films, music and other copyright-protected files.

Brein, a Dutch organization representing 52 media and entertainment companies, had acquired unique computer identification numbers, so-called IP addresses, of file swappers and requested personal details behind these IP addresses from five large Internet service providers.

The service providers--UPC, Essent, Tiscali, Wanadoo and KPN--refused to hand over the details, arguing that only a criminal trial court could demand them.

The case was subsequently brought to a civil court in the city of Utrecht, where a judge ruled that although he was allowed to order the ISPs to submit the personal data, the plaintiffs had not met the necessary conditions to warrant such an order.

Brein has sought help from a research company, which has looked at the shared folders on computers of the file swappers. In that process it may have accessed private files, the judge said in the court ruling. The judge does not deem this correct, because according to Dutch law, privacy is insufficiently protected in the United States, the ruling said.

Christiaan Alberdingk Thijm, the attorney for the five ISPs, welcomed the ruling as
an important victory for the privacy of Internet users. Private organizations cannot start sniffing around on someone else's computer and collect data.

 

7th July  Sony Trademark Bully

From The Register

UK PlayStation Portable importer Nuplayer won a small victory over Sony on Monday when the Japanese giant failed to secure an injunction banning the company from selling PSPs sourced from overseas.

However, the High Court judge considering Sony Computer Entertainment Europe's contention that Nuplayer has infringed its trademarks simply said he needs more time to ponder the evidence, according to a GamesIndustry.biz report.

Since delaying the European release of the PSP to September, Sony has seen a number of companies begin to sell the handheld console to PSP-hungry buyers. While it can't prevent them from doing so directly, it has used the allegation of trademark infringement to seek a ban on the imports.

Sony's argument runs thus: in order to sell the console, importers need to say what it is. That means naming it, and since we, Sony, own the trademark, and they, the importers, don't have permission to use said, they are ipso facto infringers.

Levi-Strauss used the same argument to successfully prevent UK retailer Tesco from importing and selling its jeans more cheaply than its official sales partners were doing so.

SCEE last week won an interim injunction against PSP importer ElectricBirdLand using that argument. ElectricBirdLand, run by Dan Morelle, has 28 days to prepare a defence and will be back in court on 18 July.

Nuplayer said in its defence this week that not only had it offered to remove all Sony trademarks from its web site, and from the boxes it ships out. Sony said that amounted to a defacement of its products. Nuplayer maintains that this way, it doesn't use any Sony trademark - the Sony and PSP names and logos do not appear until the customer opens the box, by which time the product is the property of the buyer not the seller.

The judge is expected to announce his verdict in court on Friday or Monday.

Separately, hackers are claiming to have figured out how to run at least one PSP game from a MemoryStick fitted into the console without the need for the original game disc to be present.

The move patches the MemoryStick copy of the game Lumines, allowing a third-party launcher code to activate the program. Potentially, it paves the way for games to be downloaded from the Net, copied onto a MemoryStick then played on the PSP.

Standing in the way of that process is that it's fiddly, there's no sound, and Sony is planning to ensure future games require users to update their consoles with new firmware that blocks the technique used to make the patch work.

 

3rd July  A freeze on Downloading

Based on an article from the BBC

Sweden has outlawed the downloading of copyrighted movies, games and music in an attempt to curb rampant copying. About 10% of Swedes freely swap music, games and films on their computers, one of the highest rates in the world.

But experts believe the law will change little and that Swedes will remain rampant downloaders.

Prior to the law coming into force, Sweden was the only European nation that let people download copyrighted material for personal use. As a result many Swedes, thanks also to the available of cheap high-speed net access, were committed downloaders. It is estimated that about 900,000 Swedes regularly downloaded movies, games and music.

The law was drawn up to bring Sweden into line with EU directives. It comes a day after the US Attorney General's office announced an 11-nation operation to catch and shut down net downloading groups.

The change in the law was popular with most Swedish politicians. But the nation's Justice Minister said that chasing pirates would only be a priority for the police if files were being downloaded in massive quantities.

Before the new law was passed, it was only illegal to make copyrighted material available to others via the net, whereas downloading the content was allowed. The older law is set to be tested later this year during the trial of a 27-year-old Swede, charged with illegally making a Swedish movie available from his home computer.

 

29th June  Sony Bullies Get Injunction

Based on an article from The Register

The shits at Sony has won an injunction to stop a one-man band reseller from flogging imported Playstation portables.

Sony Computer Entertainment won an interim injunction to stop online retailer ElectricBirdLand from infringing its trademarks and selling PSPs. ElectricBirdLand, run by Dan Morelle, has 28 days to prepare a defence and will be back in court on 18 July, according to the BBC.

Morelle, conducting his own defence, said other firms were selling PSPs without facing action from Sony. He said he had sold £11,000.

He asked the judge if he was allowed to offer his customers replacement machines because failure rates have been as high as ten per cent.

Morelle also complained that documents from Sony were delivered by "men in dark glasses" which upset and intimidated his pregnant wife. More details on GamesIndustry.biz here.

The PSP was supposed to be launched in the UK in March but this has now been pushed back to September. The delay makes it worthwhile importing machines from the US to sell to sweaty-handed gamers in the UK who just can't wait til autumn

 

24th June  Sony Customer Unfriendly

I see know reason why companies shouldn't buy legitimate products abroad and sell them here. Lets hope that the UK law ends up protecting the British people rather than the monopolies engineered by foreign companies.

Based on an article from The Guardian

The shits at Sony denied they were seeking to reclaim imported PlayStation Portables (PSPs) from British consumers despite having issued legal action against companies that have been bringing the hotly anticipated gadget into the country ahead of its British launch in September. We are not seeking any sort of legal recourse against people who have already bought PSPs on import - only against those companies that continue to sell them, said a spokesman.

None the less, according to a writ seen by the Guardian earlier this week, as well as the immediate cessation of sales Sony is demanding details of customers who have bought imported machines.

The PSP, a handheld games machine that can also play films and music, has been trumpeted as this year's must-have gadget, but Sony is attempting to prevent so-called grey imports into the British market. The corporation will go to the high court on Monday in the hope of securing an injunction against importers.

Despite the strength and importance of the UK's games industry, Britain is traditionally one of the last markets where new consoles are released. By the time the PSP hits British high streets this autumn it will already have been on sale outside the EU for nine months.

Sony confirmed that it had asked for details of those consumers who have already bought PSPs but it would not confirm what it wanted them for, saying only that it did not intend to reclaim machines that had already been sold.

 

21st June  Sony Bullies Importers

From GamesIndustry.biz

As independent retailers across the UK continue to defy Cease and Desist orders issued by Sony Computer Entertainment Europe over the sale of import PSP consoles, the Japanese giant has begun court proceedings.

GamesIndustry.biz has obtained a copy of the legal document put together by Sony's lawyers, which refers to the trade marks 'PS', 'PLAYSTATION' and the controller symbols.

The document alleges that: The defendant has infringed each of the claimant's said trade marks by using, without the consent of the claimants, in the course of trade in the United Kingdom, signs identical to the said trade marks. By reason of the aforesaid, the claimants have suffered loss and damage.

The document goes on to request an inquiry into damages payable and the confiscation of goods and materials. It also demands the names and addresses of both those who supplied the stock and those who purchased PSPs from the retailer.

In addition, Sony has informed retailers that its lawyers are preparing an application for an interim injunction to stop the sale of import PSPs in the run-up to the console's European launch, scheduled for September 1. It has offered to cancel the application if retailers agree to cease trading.

It's not yet known how many retailers will back down in the face of Sony's latest legal moves. However Dan Morelle, MD of online retailer ElectricBirdLand, who has previously taken a strong stance against Sony, has already announced his intention to defend EBL's actions in court.

No date for the case has yet been set.

 

20th June  We All Hate Speed Bumps

From Yahoo News

Sony BMG, the world's second-largest music company, is rolling out CDs with new technology that serves as a "speed bump" to hinder people who want to make illicit copies.

Users will be allowed to make three additional CD copies for their own use and to store the music files on their computer in a protected format from Microsoft.

Sony BMG's new copy-protection effort comes with at least one downside: PC users are unable to transfer the songs to Apple's popular iPod portable music player, because Apple has declined to make its software compatible with Microsoft's Windows Media digital rights management (DRM) system.

The copy-protection technology is also far from ironclad. Apple Macintosh users currently face no restrictions at all. What's more, if users go to a Web site to complain about the lack of iPod compatibility, Sony BMG will send them an email with a "back door" measure on how to work around the copy protection.

A UK firm called First4Internet, which created the technology, said the primary goal is not to prevent copies of the songs from ending up on illicit, peer-to-peer file-trading networks, which the industry blames for million of dollars in lost sales. Instead, it aims to dissuade people from burning unlimited CD copies in what is sometimes called "schoolyard piracy." This technology is a speed bump. It's trying to dissuade the average consumer from making as many copies as they like, said First4Internet Chief Executive Mathew Gilliat-Smith.

Gilliat-Smith said a version of the copy-protection technology that works with Apple Macintosh computers is on the way and that the music companies are in talks with Apple about iPod compatibility.
The whole industry is in discussions with Apple, and we hope to have a solution soon.

 

6th June  PSPs aren't Portable to Europe

From The Register

Sony has taken legal action against resellers selling PlayStation Portable (PSP) devices ahead of the official 1 September European launch. The consumer electronics giant has sent "cease and desist" letters to grey market traders that are selling PSPs to UK punters after importing them from either Japan or the US, where the eagerly sought gadget is already on sale.

PSP can play games, music and films. Supply shortages have obliged Sony to delay the European launch of the console, originally due in March 2005, for more than six months creating a market for parallel import (grey market) sales despite Sony's opposition to the trade.

The Japanese manufacturer is claiming infringement of Trade Mark. But one reseller at the receiving end of the legal nastygrams, ElectricBirdLand, claims that key technologies, trademarks and software utilised in Sony’s new portable gaming platform have not even been registered by Sony in the UK. For example, the PSP trademark has apparently been registered by a small Bristol-based IT and design firm, called Owtanet.

Because PSP games are region-free, companies like ElectricBirdLand and larger retailers can avoid rip-off Britain and buy games outside of Sony’s European distribution channel at a cheaper price

Sony declined to discuss ElectricBirdLand's criticism of the motives for its legal action or the trademark issues it raises beyond issuing a general statement on its actions. The cease and desist orders refer only to the ‘PlayStation’ trademark, which Sony does hold. In a statement, Sony said: We informed trade accounts of our position on this matter in a letter sent out in April, and are now following this through and enforcing our IP rights, where necessary. The law is clear, and the activity of parallel importing of PSP products from the US/Japan is unlawful. It should be clearly understood that under no circumstances does SCE [Sony Computer Entertainment] consent to such activities.

 

23rdMay  Reasons For Id Despite

Based on an article from The Register

Mad scientists of the University of California have initiated a campus research project to equip DVDs with RFID tags that prevent purchases lending discs to friends.

According to a Wired News report, researchers led by engineering professor Rajit Gadh have devised a scheme in which buyers provide biometric data at the point of purchase, that information is encoded on the DVD's RFID tag, which is then locked to prevent the data being changed. Pop the DVD in a player not registered to the user, and the disc won't play.

We've heard of this kind of thing before, and while it makes for a fun research project, it's value in the real world is thankfully highly limited. The only winner is Hollywood, and it would have to persuade not only player makers but also disc makers, disc retailers and, ultimately, consumers to support the scheme.

You could argue that a future disc standard could mandate the use of RFID technology. But the DVD standard mandates region control, but there are still plenty of players out there, many of them from well-known names, that allow you to play discs bought anywhere in the world.

 

20th May  No Merit in Dutch Media Industry Proceedings

From The Register

Five Dutch ISPs will launch a "procedure on the merits" action against Dutch anti-piracy organisation Dutch Protection Rights Entertainment Industry Netherlands (BREIN). BREIN intends to sue the ISPs next month to obtain the identity of 42 individuals suspected of illegally swapping copyrighted music. The ISPs believe a normal summary proceeding or kort geding will not allow a full investigation of the merits or otherwise of BREIN's case. A procedure on the merits demands such investigation.

Former Kazaa lawyer Christiaan Alberdingk Thijm will now defend the providers in the full proceedings on the merits, which is expected to take months if not longer. The ISPs say they are in no hurry to proceed with a preliminary injunction. Obviously, BREIN disagrees, and says that the movie and music industry is losing money every day as a result of illegal file swapping.

Meanwhile, Dutch maverick weblog Geen Stijl (No Style) has started a campaign against BREIN. Geen Stijl urges its readers to fill out a form asking BREIN if they have any personal data on them. Under article 35 of the Dutch privacy law BREIN is obliged to reply within four weeks. Geen Stijl hopes the protest will create "administrative mayhem" at BREIN, but BREIN has already said it will send out a standard reply and will charge individuals who demand more detailed information.

The weblog also argues that BREIN is a privately-owned company and that private companies in the Netherlands are not allowed to actively collect personal data and link these to an IP address.

 

14th May  Flagging Entertainment Industry

From Wired

In a blow to the entertainment industry, a federal appeals court on Friday found that federal regulators overstepped their authority by requiring consumer-electronics manufacturers to help restrict digital home recording.

The U.S. Court of Appeals for the District of Columbia reversed a Federal Communications Commission order that required makers of consumer-electronics devices capable of receiving broadcast digital TV signals to recognize a "broadcast flag," which is code that allows content owners to place limits on redistribution of digital content streams. The rule was to apply to devices manufactured on or after July 1, 2005.

 

12th May  Portable Crack

From The Register

It was never going to take very long, of course, but hackers have at last worked out how to bypass the copy protection scheme used by Sony to lock down content on the PlayStation Portable's Universal Media Disc (UMD).

Piracy doesn't appear to be an issue yet, since there's no way of copying games pulled from an official 1.8GB UMD onto a fresh disc, UMD being, for now, a read-only medium.

However, since the PSP has a MemoryStick slot, and suitably capacious MemorySticks are already available, the possibility exists that games or movies could be downloaded and transferred to the devices. Certainly, Sony's upcoming upgrade to its PSX PlayStation-cum-PVR machine will incorporate a facility for transferring recorded movies and TV programming to MemoryStick for playback on a PSP. It can't be long, surely, before someone figures out how to do this on a MemoryStick-equipped PC.

Sony is keen that third-party providers offer music and movie content in UMD, though few major names beyond the Japanese giant's own content companies have agreed to do so. To date, Sony has touted UMD's DVD-like region coding, unique per-disc ID number and AES-based content encryption system as suitable protection for UMD-stored content.

The PSP launched in the US on 24 March and is now scheduled to arrive in Europe on 1 September.