Judge Sentences Spammer to Nine Years

Found on abc News on Thursday, 07 April 2005
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A Virginia judge sentenced a spammer to nine years in prison Friday in the nation's first felony prosecution for sending junk e-mail, though the sentence was postponed while the case is appealed.

A jury had recommended the nine-year prison term after convicting Jeremy Jaynes of pumping out at least 10 million e-mails a day with the help of 16 high-speed lines, the kind of Internet capacity a 1,000-employee company would need.

Jaynes, of Raleigh, N.C., told the judge that regardless of how the appeal turns out, "I can guarantee the court I will not be involved in the e-mail marketing business again."

One gone, more to come. Let's hope this scares off a few who think about making a fortune with spam.

EZTree Shuts Down

Found on Slashdot on Wednesday, 06 April 2005
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Easytree.org, a popular Bittorrent tracking site also known as EZT, shut down today after their ISP received threatening letters from attorneys. Unlike sites like Lokitorrent that have been shut down in the past, torrents on EasyTree were usually unreleased live musical performances rather than commercial product. Is a site that shares old Stevie Nicks, Frank Sinatra, and Ian Hunter live shows really that much of a threat to the music industry?

It's sad to see that being right or wrong is not a question of what you did, but of how much money you have. In most cases, such sites will shut down simply because of the costs; even if they may have done nothing wrong.

Court decision in music industry vs. heise online

Found on Heise on Wednesday, 06 April 2005
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In the legal dispute (reference: 21 O 3220/05) between eight companies from the music industry and German publisher Heise Zeitschriften Verlag, the first-instance district court of Munich I has just presented its written ruling. The matter in dispute was a report by heise online on a new version of software to make copies of DVDs. In the original version, this report not only took a critical view of software vendor Slysoft's claims, but also provided a link to the company's web site.

The Munich court ruled that, by providing a link to the company's homepage, heise online had intentionally provided assistance in the fulfillment of unlawful acts and is thus liable as an aider and abettor in accordance with Section 830 of the German Civil Code just as the vendor in itself is.

In its ruling, the court explained that the news ticker report neither constitutes "advertising for the sale of illegal goods" as defined in Section 95a of the German Copyright Act (UrhG), nor does it provide instructions on how to get around technical measures. Instead, this type of reporting is justified by the freedom of the press and is in the public interest. In other words, the court ruled that the press has the right to mention the name of the product, the name of the vendor, and the name of copy protection systems affected by the product.

The court specified the amount in dispute at 500,000 euros. This amount, the court found, reflects the "considerable profit losses" of the music industry and the "great publicity" due to the prominence of heise online among readers of IT information.

I'm getting so fed up with that entertainment industry; they go after everybody in order to supress alternatives, trying to keep their restrictive business model alive. On the other hand it's nice to know that, thanks to this lawsuit, Slysoft will get by far more media attention.

Bahnhof slams antipiracy ambush

Found on The Register on Tuesday, 29 March 2005
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Swedish ISP Bahnhof is considering legal action after it emerged that illegal material uncovered in a raid on its premises was placed there by a paid informant of the antipiracy group that mounted the operation.

Speaking to The Register, Jon Karlung, Banhof's CEO, claimed that the pirated materials found on its servers were placed there by Rouge. "He logged in from outside," he said.

Bahnhof was "the victim of a badly arranged ambush", said Karlung, which had only resulted in what Swedish police viewed as "a low priority case".

Whether Bahnhof had been an unwitting victim of Rouge, illegal activity in Sweden had dropped since the raid, said Ponten. "The scene in Sweden is totally quiet right now."

This may in part be because Sweden's digital underworld has turned its attention to Antipiratbyran.

Ponten confirmed the organization's web site has been under attack since the raids. In addition, he said, Antipiratbyran's office had come under physical attack and he had received death threats.

If you fail to catch someone, start your own illegal activities and blame someone else later. Way to go, entertainment industry. Somehow, this really suits the greedy image I have of them. They could just give up, but instead they prefer to make idiots of themselves. I think they will have a lot of fun in the near future.

Sony Loses Patent Battle

Found on Techdirt on Sunday, 27 March 2005
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If you're familiar with the word "haptics," you're familiar with the company Immersion. They're the company that seems to own every possible patent having to do with the haptics space, and any kind of tactile response or force feedback device usually involves patents that were first licensed from the company. So, in some ways, it's pretty impressive that Sony has gotten as far as it has apparently without licensing patents from the company. A court has found, however, that Sony's force feedback controllers for the PlayStation and PlayStation 2 violate Immersion's patents and not only have they ordered the company to pay $90 million in damages, but also told Sony it can no longer sell either console in the US. Sony, of course, will appeal the ruling, which will allow them to keep selling the consoles in the meantime. Of course, this is the same Sony that keeps insisting on the importance of stricter intellectual property enforcement to teach violators a lesson. Funny what comes back to bite you...

Laws aren't as funny when they work against you; which is especially entertaining when you have been pushing that law before. Of course you can always ignore it and hope nobody will notice, but when it comes to patents and IP, chances are quite low. Ignoring patents and copyrights seems to be pretty common amongst companies: SCO uses files without asking or giving credit too.

Swedish ISP raid prompts backlash

Found on The Register on Monday, 14 March 2005
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A raid by Swedish authorities last week against Bahnhof, Sweden's oldest and largest ISP, has been hailed by Hollywood as a major blow against movie piracy. But questions have been raised about whether the 10 March raid, orchestrated by Swedish anti-piracy organisation Antipiratbyran, and involving the seizure of data involving thousands of users, might have violated the country's strict data privacy laws.

Bahnhof has issued a statement (in Swedish) expressing concerns that data involving as many as 20,000 users was seized during the raid. The raid against Bahnhof is not the first anti-piracy bust in the country but it's reportedly the first to take place without any advance notice.

Reg readers inform us that the Swedish Data Inspection Board is to investigate alleged collection and computation of personal data conducted by the Swedish antipiracy office in connection with the Bahnhof raid. This remains unconfirmed since we were unable to reach anyone at the board for comment.

It's about time that someone shows the entertainment industry their limits. They not only treat customers like criminals by crippling CDs, but now it also affects people who have nothing to do with anything. People who are just on the same server as someone else they don't like.

Privacy vs. Piracy?

Found on Techdirt on Sunday, 13 March 2005
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The entertainment industry certainly loves to raid ISPs these days. Perhaps it's payback for all those recent court rulings saying that ISPs shouldn't just roll over and hand out private data every time the entertainment industry suspects wrongdoing. Last week, they raided an Australian ISP and a Swedish one. The Swedish one was with the help of authorities (the Australian one wasn't), but it was still organized by the entertainment industry. However, in raiding the ISP and carting away lots of info, some are wondering if the raid violated strict data privacy laws in that country. It certainly raises some interesting questions in the light of all of the many, many data leaks over the past couple of weeks. If your data happens to be stored on the same server as someone who is breaking the law, does that mean your data is open to review from private sources?

It would be interesting if the industry can be sued by other customers who have accounts on the servers. After all, by taking them away, the entertainment industry seriously affects their businesses. So, can those innocent people start a class action lawsuit, demanding compensation for the lost money? And if so, wouldn't it be cheaper for the industry to leave ISPs alone indead of paying a lot more in compensation?

Security Researcher Condemned

Found on Constitutional Code on Wednesday, 09 March 2005
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Yesterday the French security researcher Guillame Tena, aka Guillermito, has been fined a suspended fine of 5000 euros by a French court for publishing a vulnerability in the Viguard anti-virus software of the company Tegam.

That the fine is suspended means that Guillermito will have to pay up if he continues to publish about the vulnerability and other software vulnerabilities. As a result he has taken the Tegam publication, and a dozen others, from his website. He writes:

No more demonstration of security software weaknesses. It's now forbidden in my country. On march 8 2005 I've been condemned for exposing flaws in the anti-virus software and publishing proof of concept programs to demonstrate them. That's exactly what I did for a dozen or so steganography program, which often contained security holes so big you could pass a truck through.

So now you have to believe the editors marketing. Welcome in DisneyWorld. All steganography programs are perfect, super-solid, unbreakable, undetectable, without bugs nor flaws. They are all perfect. Use them. Hahaha. What a joke.

Conclusion #1: Never buy from Tegam; flaws will exist, but not posted and therefore not fixed. Conclusion #2: France just moved to happy happy land. Too bad there is still the rest of the world. Good luck trying to fight that rest, Tegam.

Microsoft Sues KSU Student

Found on Techdirt on Sunday, 06 March 2005
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"A student at Kent State University sold a copy of two Microsoft software packages on eBay. He was then sued in federal court by Microsoft, who threw four lawyers at the case, making a number of claims and allegations. The student is representing himself and appears to be winning his case. Microsoft now wants to back out of the lawsuit, but the student won't let them out." The story linked there is fairly brief. A much more in-depth story includes all the gory details, but is BugMeNot required. The basic story is that he bought these two pieces of software legally, and was then sued for selling them on eBay. He spent time researching the legal claims, realized they were baseless and has countersued Microsoft. It's good to see someone not bullied and pushed aside once the high-priced lawyers come calling.

Four against one and he's winning. Way to go!

Bill Holds Game Makers Liable for Violence

Found on IGN on Saturday, 05 March 2005
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A bill under consideration in Washington state would hold videogame developers accountable for violent acts ostensibly inspired by a particular game.

Currently under review by the state legislature, House Bill 2178 would hold game retailers and manufacturers accountable for "injury or wrongful death" committed by a person under age 17, if the game "was a factor in creating conditions that assisted or encouraged" the perpetrator.

While the bill is still in committee stage and far from becoming law, its dramatic interpretation of criminal responsibility reflects growing concern and controversy about the effects of violent video games.

What are they trying to achieve? Moving responsibility away from the parents by blaming game developers. What's next? Heavy metal bands and motorbike manufacturers will be liable when rockers beat up people? TV stations will be liable when kids turn gay by watching Spongebob? This idea is so ridiculous. And while they are at it: why does nobody suggest to hold weapon manufacturers liable when their customers kill people? I mean, at least that would be a logical conclusion.