more on Update on Shift Key Breking CD Copy Protection Technology

[Dave Farber <dave () farber net>]

Here we go yet again. DMCA miss use  djf


> Delivered-To: dfarber+ () ux13 sp cs cmu edu
> Date: Thu, 09 Oct 2003 12:02:26 -0700
> From: "James S. Tyre" <jstyre () jstyre com>
> Subject: Update on Shift Key Breking CD Copy Protection Technology
> X-Sender: jstyre () earthlink net
> To: dave () farber net, declan () well com
>
>
> Dave, Declan,
>
> Earlier this week, each of you had items about Princeton grad student Alex 
> Halderman's report on SunnComm's MediaMax CD3 copy protection technology.
>
> Subsequently, SunnComm's stock price has dropped precipitously, and today, 
> SunnComm announced that it will pursue legal action against Halderman:
>
> http://biz.yahoo.com/bw/031009/95573_1.html
>
> ...
>
> SunnComm Technologies Inc. (OTC: STEH - News), a leader in digital content 
> security and enhancement for optical media, announced today that it 
> intends to take legal action against the writer of a critical report 
> titled: "Analysis of the MediaMax CD3 Copy-Prevention System." According 
> to Peter Jacobs, SunnComm's CEO, "The conclusions contained in the 
> Princeton University grad student's report issued last Monday were derived 
> from incorrect assumptions by its author. The author did not ask for, or 
> receive, SunnComm's MediaMax 'white paper' documentation available on the 
> technology prior to concluding that 'MediaMax and similar copy-prevention 
> systems are irreparably flawed ...'"
>
> SunnComm believes that by making erroneous assumptions in putting together 
> his critical review of the MediaMax CD-3 technology, Halderman came to 
> false conclusions concerning the robustness and efficacy of SunnComm's 
> MediaMax technology. Based on several of these incorrect assumptions, 
> Halderman and Princeton University have significantly damaged SunnComm's 
> reputation and caused the market value of SunnComm to drop by more than 
> $10 million.
>
> In addition, SunnComm believes that Halderman has violated the Digital 
> Millennium Copyright Act (DMCA) by disclosing unpublished MediaMax 
> management files placed on a user's computer after user approval is 
> granted. Once the file is found and deleted according to the instructions 
> given in the Princeton grad student's report, the MediaMax copy management 
> system can be bypassed resulting in the copyright protected music being 
> converted or misappropriated for potentially unauthorized and/or illegal 
> use. SunnComm intends to refer this possible felony to authorities having 
> jurisdiction over these matters because: 1. The author admits that he 
> disabled the driver in order to make an unprotected copy of the disc's 
> contents, and 2. SunnComm believes that the author's report was 
> "disseminated in a manner which facilitates infringement" in violation of 
> the DMCA or other applicable law.
>
> ....
>
> In another piece, Jacobs hints at one of Halderman's alleged failings:
> http://www.nj.com/news/times/index.ssf?/base/news-0/106568865740310.xml
>
> ...
>
> "The assumption that Alex makes about the ease with which the technology 
> can be circumvented is incorrect," Jacobs said. "Implicit in our 
> technology, but not privy to his knowledge, is the manner in which we are 
> able to improve the technology so it becomes harder and harder to 
> circumvent it."
>
> ....
>
> I'm sure you'll both agree that Alex should be criticized roundly for 
> analyzing only the currently existent technology while utterly failing to 
> laud SunnComm for future improvements that it says it will make.
>
> --------------------------------------------------------------------
> James S. Tyre                               mailto:jstyre () jstyre com
> Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
> 10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
> Co-founder, The Censorware Project             http://censorware.net

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