Subject: Re: [SPAM] [mailstation] Earthlink Patent

From: "John R. Hogerhuis" <jhoger@...>
Date: Sat, 25 Sep 2004 22:07:35 -0700

On Sat, 2004-09-25 at 21:40, pittmanr99 wrote:

> Your points about the DMCA, patents, and copyrights are well taken. I 
> hadn't even thought about the DMCA.
> 

There is lots of software around that is in violation of the DMCA but is
still widely used, such as DeCSS used by Linux users to view DVDs.

The trick is the original code was developed by someone Jon Johansson in
the Netherlands, and you generally have to download the code from non-us
servers.

> The security key I mentioned in my earlier message might prevent any 
> change to the machine no matter how it's introduced. I hope it 
> doesn't affect the parallel port, because that seems to be the only 
> viable method for changing the flash without using cryptography. I'm 
> afraid, though, that any software modification could potentially 
> violate the law.
> 

I believe there is a DMCA exemption for legitimate security research, if
that helps you.

In any event, there is no encryption key issue on the unit CJ has been
working with via the parallel port.

The encryption is there (quite rightly) to protect your mailstation from
being attacked from the Internet. It is not intended to prevent
reflashing the unit. Anyway, CJ has already succeeded in altering his
firmware via the parallel link so we have a proof-of-concept right
there.

The DMCA doesn't tell you what you can do with your own hardware. It
covers trafficking in circumvention devices. So if you author and
distribute a circumvention device then you are in violation of the DMCA.
If you created it but didn't distribute it, or you gave your unit to
someone else and they unlocked it for you, for example would not be a
DMCA problem.

Of course, IANAL, so take all this with a grain of salt.

I personally hate the DMCA, software and business method patents,
virtually perpetual copyrights, and the abandonware problems our
copyright system creates. They are severe and intolerable limits on
Freedom.

Unfortunately freedom in the software and media realm isn't taken to be
an important issue by the average citizen, so the law is going to stay
screwed up for a long time, I think.

-- John.

---

From: "jewaalkes" <jwaalkes@...>
Date: Mon, 04 Oct 2004 07:39:19 -0000

--- In [email-masked], "John R. Hogerhuis" <jhoger@p...> 
> the Netherlands, and you generally have to download the code from 
non-us

Netherlands, Norway, what's the difference? 

http://www.cia.gov/cia/publications/factbook/geos/nl.html
http://www.cia.gov/cia/publications/factbook/geos/no.html

(hint: the Norwegians like to use zeros in their names "ø" and
spell their words funny. We just like to spell our words funny. 
That, and their country looks somewhat different from ours)

While us Dutch lads would love to take the credit, it's hardly
deserved :)

http://www.google.com/search?hl=en&ie=UTF-8&q=dvd+jon+norway

That said, I have a few Mailstations that I would love to see get
hacked :)

John

---

From: "John R. Hogerhuis" <jhoger@...>
Date: Mon, 04 Oct 2004 00:46:41 -0700

> http://www.cia.gov/cia/publications/factbook/geos/no.html

Sorry! In fact I do know the difference. Somehow my fingers got ahead of
my brain. 

Thanks for the correction.

-- John.