Comments on: Digg and AACS http://madisonian.net/2007/05/03/digg-and-aacs/ a blog about law, tech, culture, and related things Sat, 11 Feb 2012 02:59:42 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Free MP3 DVD » Blog Archive » Digg, AACS, and the Section 230 Safe Harbor http://madisonian.net/2007/05/03/digg-and-aacs/comment-page-1/#comment-207436 Free MP3 DVD » Blog Archive » Digg, AACS, and the Section 230 Safe Harbor Sat, 05 May 2007 16:36:35 +0000 http://madisonian.net/archives/2007/05/03/digg-and-aacs/#comment-207436 [...] If Digg.com were sued by AACS under the Digital Millennium Copyright Act for trafficking in technology used to circumvent technological protection measures, might Digg defend itself successfully under Section 230 of the Communications Decency Act?  Does the answer depend on whether the AACS encryption scheme is a TPM that constitutes an “access control” rather than a “copy control”?  Some tentative thoughts after the jump. [...] [...] If Digg.com were sued by AACS under the Digital Millennium Copyright Act for trafficking in technology used to circumvent technological protection measures, might Digg defend itself successfully under Section 230 of the Communications Decency Act?  Does the answer depend on whether the AACS encryption scheme is a TPM that constitutes an “access control” rather than a “copy control”?  Some tentative thoughts after the jump. [...]

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]]> By: Mike Madison http://madisonian.net/2007/05/03/digg-and-aacs/comment-page-1/#comment-206929 Mike Madison Thu, 03 May 2007 19:48:41 +0000 http://madisonian.net/archives/2007/05/03/digg-and-aacs/#comment-206929 "Finally" may have been a poor word choice and even some projection on my part. Such are the perils of posting while on the way out the door to a faculty meeting. The DeCSS analogy is the right one, and it raises a Wealth of Networks question. Do the two situations represent differences in kind, in scale, in organization of the means of production -- or no difference at all? “Finally” may have been a poor word choice and even some projection on my part. Such are the perils of posting while on the way out the door to a faculty meeting.

The DeCSS analogy is the right one, and it raises a Wealth of Networks question. Do the two situations represent differences in kind, in scale, in organization of the means of production — or no difference at all?

]]> By: Bruce Boyden http://madisonian.net/2007/05/03/digg-and-aacs/comment-page-1/#comment-206928 Bruce Boyden Thu, 03 May 2007 19:43:26 +0000 http://madisonian.net/archives/2007/05/03/digg-and-aacs/#comment-206928 I may be reacting to the word "finally," which I interpreted to mean something like, "finally it's more than just the computer geeks and law professors that are becoming anxious about DRM!" But so far I don't see this story becoming bigger or substantially different than, e.g., the DeCSS story or the Sony BMG rootkit affair. I.e., it's deja vu all over again. Back in the Dark Ages -- the year 2000 -- there was a mob effort to put up free web pages to host DeCSS. (Ah, the glory days of the Internet bubble, when websites were free for the asking.) Anyway, 2600.com then constructed a linked index of those pages, which was the source of the linking injunction in Universal City Studios v. Corley. The New York Times had stories about that, too. The twist here is that the users themselves can now construct a mirror page collaboratively; but otherwise it's the same phenomenon, it seems to me. I may be reacting to the word “finally,” which I interpreted to mean something like, “finally it’s more than just the computer geeks and law professors that are becoming anxious about DRM!” But so far I don’t see this story becoming bigger or substantially different than, e.g., the DeCSS story or the Sony BMG rootkit affair. I.e., it’s deja vu all over again.

Back in the Dark Ages — the year 2000 — there was a mob effort to put up free web pages to host DeCSS. (Ah, the glory days of the Internet bubble, when websites were free for the asking.) Anyway, 2600.com then constructed a linked index of those pages, which was the source of the linking injunction in Universal City Studios v. Corley. The New York Times had stories about that, too. The twist here is that the users themselves can now construct a mirror page collaboratively; but otherwise it’s the same phenomenon, it seems to me.

]]> By: Mike Madison http://madisonian.net/2007/05/03/digg-and-aacs/comment-page-1/#comment-206901 Mike Madison Thu, 03 May 2007 18:59:40 +0000 http://madisonian.net/archives/2007/05/03/digg-and-aacs/#comment-206901 Bruce, There are at least two levels of "suspects" involved, I think: one, there are folks who are themselves posting the key and/or posting representations of the key; and two, there are folks who are digg'ing the sites with the key and/or with the representation. We only have a couple of days' worth of information, and it's completely unanalyzed, but it strikes me as plausible that group (ii) consists in part of an anti-DRM crowd that was previously mostly silent. Also, my speculation is aimed partly at the readership for stories in the popular press: What is the New York Times covering, and for whom? Mike Bruce,

There are at least two levels of “suspects” involved, I think: one, there are folks who are themselves posting the key and/or posting representations of the key; and two, there are folks who are digg’ing the sites with the key and/or with the representation. We only have a couple of days’ worth of information, and it’s completely unanalyzed, but it strikes me as plausible that group (ii) consists in part of an anti-DRM crowd that was previously mostly silent. Also, my speculation is aimed partly at the readership for stories in the popular press: What is the New York Times covering, and for whom?

Mike

]]> By: Bruce Boyden http://madisonian.net/2007/05/03/digg-and-aacs/comment-page-1/#comment-206894 Bruce Boyden Thu, 03 May 2007 18:12:08 +0000 http://madisonian.net/archives/2007/05/03/digg-and-aacs/#comment-206894 Mike, re: (i), what's the evidence of "mass audience"? As far as I can tell, the "revolt" here is limited to the usual suspects. Mike, re: (i), what’s the evidence of “mass audience”? As far as I can tell, the “revolt” here is limited to the usual suspects.

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