Re: Sony, Rootkits and Digital Rights Management Gone Too Far

[Drsolly <drsollyp () drsolly com>]

> Of course, that is not how the DMCA is written.  The DRM developer/ 
> rights-holder/etc is not, under the DMCA, under any obligation to 
> implement "good" or "sound" or "proper" DRM.  They basically just have 
> to do _something_ they claim protects their rights.  It could be as 
> trivial as XOR'ing the digital data stream with a fixed byte/word/dword 
> and anyone who eye-balled the protected data and recognized the 
> "obvious" pattern of the plaintext data with an XOR overlay would open 
> themselves to prosecution (at least, if they ever uttered a description 
> of this "protection").

Maybe they could publish such a description, but then protect that
publication with their own DRM, perhaps using rot13 or something more
difficult. Then if they get sued for DMCA breach, they can countersue for
DCMA breach?

But I don't claim to be any sort of expert on stupid American laws.
 

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