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Cease and Desist
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Annath



Joined: 22 Jul 2006
Posts: 325

PostPosted: Fri Feb 22, 2008 10:54 pm    Post subject: Reply with quote

chillywilly wrote:
Looks like actual cash gift cards do not expire, but the point of that amount just sitting there is still valid. I guess if I used it for movies and TV shows, and not music, there's still a partial boycott going on. Maybe not the full boycott that DrmBytes is doing...
Or you could spend it on iTunes+ music, to drive the point.
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chillywilly



Joined: 14 Sep 2006
Posts: 127

PostPosted: Fri Feb 22, 2008 11:49 pm    Post subject: Reply with quote

Annath wrote:
Or you could spend it on iTunes+ music, to drive the point.

Another good option, too. Which I do have 20 or so iTunes Plus tracks already.
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MossPile



Joined: 19 Nov 2007
Posts: 16777215

PostPosted: Sat Feb 23, 2008 4:34 am    Post subject: Reply with quote

I suppose this is a reasonable point to make one thing clear about myself:

  • I don't hate Apple.

In fact, I rather like them. They make good stuff - both hardware and software - and I enjoy using it.

For what it's worth, Apple is entirely within their rights to request that I cease distribution and development of this software. The WIPO Copyright and Performances and Phonograms Treaties Implementation Act (a component of the DMCA), §103, says that "manufacturing" and distributing software (i.e, ffh) to circumvent a protection system (i.e, Fairplay) is illegal. While I don't agree with this law, I don't really have much of a choice but to follow it.

If you disagree with this as well, good. Tell your senator as much. Apple isn't to blame, though.

It's also probably worth considering that Apple is probably bound to pursue any violations. Although I'm certainly not privy to the details of their agreements with record labels, I strongly suspect that one of the terms of those agreements is that Apple must maintain the integrity of the Fairplay system (or - I imagine - risk dire penalties, either in terms of cash penalties or in companies breaking off music licensing contracts). I certainly can't fault them for doing what they've got to do.
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ejonesss



Joined: 16 Oct 2005
Posts: 745
Location: usa

PostPosted: Sat Feb 23, 2008 5:03 am    Post subject: Reply with quote

MossPile wrote:
I suppose this is a reasonable point to make one thing clear about myself:

  • I don't hate Apple.

In fact, I rather like them. They make good stuff - both hardware and software - and I enjoy using it.

For what it's worth, Apple is entirely within their rights to request that I cease distribution and development of this software. The WIPO Copyright and Performances and Phonograms Treaties Implementation Act (a component of the DMCA), §103, says that "manufacturing" and distributing software (i.e, ffh) to circumvent a protection system (i.e, Fairplay) is illegal. While I don't agree with this law, I don't really have much of a choice but to follow it.

If you disagree with this as well, good. Tell your senator as much. Apple isn't to blame, though.

It's also probably worth considering that Apple is probably bound to pursue any violations. Although I'm certainly not privy to the details of their agreements with record labels, I strongly suspect that one of the terms of those agreements is that Apple must maintain the integrity of the Fairplay system (or - I imagine - risk dire penalties, either in terms of cash penalties or in companies breaking off music licensing contracts). I certainly can't fault them for doing what they've got to do.



correct me if iam wrong

it wasnt ffh and my fair tunes and qtfairuse that was the straw that broke the camel's back it was Requiem that broke the camel's back because it actually defeated the encryption .

the other 3 methods just extracted decrypted data from memory.

if apple wanted to they could have written into itunes a way to play the encrypted packets and never decrypt them.
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Annath



Joined: 22 Jul 2006
Posts: 325

PostPosted: Sat Feb 23, 2008 5:29 am    Post subject: Reply with quote

ejonesss wrote:
if apple wanted to they could have written into itunes a way to play the encrypted packets and never decrypt them.
That's a physical impossibility, like dividing by zero or seeing iTiE in a good mood(just kidding iTunesisEvil, please don't eat me. ._.).
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MossPile



Joined: 19 Nov 2007
Posts: 16777215

PostPosted: Sat Feb 23, 2008 8:13 am    Post subject: Reply with quote

Annath wrote:
ejonesss wrote:
if apple wanted to they could have written into itunes a way to play the encrypted packets and never decrypt them.
That's a physical impossibility, like dividing by zero or seeing iTiE in a good mood(just kidding iTunesisEvil, please don't eat me. ._.).

Not at all. A cleverly written decryptor/decoder could fuse the two steps in such a way that the whole packet is never decrypted at once. This would be extremely difficult to write, though.

ejonesss is probably correct that Requiem was the most likely trigger for Apple's action. Although it only worked for music as written, there's a significant possibility that it'd also work for videos, which would bring another group of contracts into play. Again, I strongly suspect that Apple was obligated to take action at that point.
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Brahms



Joined: 19 Feb 2008
Posts: 2

PostPosted: Sat Feb 23, 2008 8:51 am    Post subject: Sorry for all the trouble Reply with quote

I'd like to apologize to everyone, especially the moderators, for
posting what turned out to be more of a lightning rod than I thought
(hoped?) it would be. Looks like pushing the boundaries a little
triggered a crackdown that hurt everyone, and I'm sorry for that.

The way I see it, the RIAA is the real villain here. Apple is just a
co-conspirator who chose to dance with the RIAA under their terms, one
of which is probably the requirement to be C&D-DRM-enforcement
bastards.

Apple may be down a notch, but I still think they are one of the best
companies around, as evidenced by my typing this message on a Mac Pro,
wirelessly linked via an AirPort with my MacBook and my iPhone...

Any chance someone could post the actual C&D?

Sorry again,
Brahms
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sk8rpro



Joined: 24 Oct 2006
Posts: 205

PostPosted: Sat Feb 23, 2008 9:19 am    Post subject: Reply with quote

Brahms,

Perhaps Requiem was the last straw. Don't feel bad about it - you and Moss fought the good fight. Apple were being a bunch of inconsistent jerks. They left the software open on this site for years w/o C&D. They are the villains, not you. There are other ways to find the software on other sites. The fact you did this shows you did a great job on this software.

Don't stop working on ironing out the bugs either. Fight the good fight!
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MossPile



Joined: 19 Nov 2007
Posts: 16777215

PostPosted: Sat Feb 23, 2008 9:28 am    Post subject: Reply with quote

The Hymn project moderators have stated that they're unwilling to make the contents of their C&D public. I, however, have no such reservations about the one I received.

Ian Ramage wrote:
from: Ramage, Ian <IRamage@omm.com>
to: mosspile@gmail.com,
date: Thu, Feb 21, 2008 at 3:30 PM
subject: [URGENT] Illegal Creation and Distribution of FairPlay Circumvention Software -- Immediate Action Demanded

Dear "MossPile":

We represent Apple Inc. ("Apple"). It has come to our attention that you are engaged in the creation and distribution of software designed to circumvent Apple's FairPlay digital rights management system. The software in question is called "ffh" and "Requiem." See ffh readme.txt and posts at http://www.tuaw.com/2008/02/20/apple-issues-candd-takedown-order-to-hymn-project-software.

Software designed to circumvent digital rights management systems is considered a circumvention device under the Digital Millennium Copyright Act. Any distribution of such software is strictly prohibited. See 17 U.S.C. §§ 1201(a)(2) and 1201(b)(1); Universal City Studios v. Reimerdes, 111 F. Supp. 2d, 294, 325 (S.D.N.Y. 2000); Universal City Studios v. Corley, 273 F.3d 429 (2d Cir. 2001). Circumvention of technological measures such as Apple's FairPlay is also prohibited by the DMCA. See 17 U.S.C. § 1201(a)(1).

Apple therefore demands that you immediately cease the creation and distribution of software designed to circumvent FairPlay. Failure to do so may subject you to liability. If you are represented by counsel, please provide me with their identity.


Sincerely,

/s/ Ian Ramage

Ian Ramage
O'Melveny & Myers LLP

Embarcadero Center West
275 Battery Street, Suite 2500
San Francisco, CA 94111
Phone: 415.984.8783
Fax: 415.984.8701
iramage@omm.com
This message and any attached documents contain information from the law firm of O'Melveny & Myers LLP that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message.

(Formatting is as received.)
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sk8rpro



Joined: 24 Oct 2006
Posts: 205

PostPosted: Sat Feb 23, 2008 10:06 am    Post subject: Reply with quote

MossPile wrote:
The Hymn project moderators have stated that they're unwilling to make the contents of their C&D public. I, however, have no such reservations about the one I received.
(Formatting is as received.)
<C&D I personally removed>


Seems, cool, but you might want to take that down. The bottom portion already says not to distribute it. We already have a C&D. We don't want another one for posting a C&D Wink
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MossPile



Joined: 19 Nov 2007
Posts: 16777215

PostPosted: Sat Feb 23, 2008 10:12 am    Post subject: Reply with quote

sk8rpro wrote:
MossPile wrote:
The Hymn project moderators have stated that they're unwilling to make the contents of their C&D public. I, however, have no such reservations about the one I received.
(Formatting is as received.)
<C&D I personally removed>


Seems, cool, but you might want to take that down. The bottom portion already says not to distribute it. We already have a C&D. We don't want another one for posting a C&D Wink


Not quite. You've forgotten about the first half of the sentence...

Quote:
If you are not the intended recipient, you may not read, copy, distribute, or use this information.


I am the intended recipient, though, so the letter is mine and I can pass it on however I like. For what it's worth, that last bit is a standard bit of legal ass-covering - when you boil it down, all it means is "if you aren't supposed to be reading this, please don't".
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xordef



Joined: 23 Feb 2008
Posts: 1

PostPosted: Sat Feb 23, 2008 2:08 pm    Post subject: Reply with quote

UncleJohn wrote:

I took a stab at it. Anonymous Coward, of course.

I've never submitted anything to Slashdot - it'll be interesting to see if they accept it. I'm a little afraid it might be too long, although I didn't see any guidelines on story length.


I just voted on it since I saw the link in this thread, but it's still just green. There's also another submission in the Firehose now which is a bit shorter. Maybe the story will finally be posted.

http://slashdot.org/firehose.pl?op=view&id=537660

I'm a bit surprised about the lack of mirrors. The DMCA only applies in the US - it's perfectly legal to host these tools in many European countries. I'd suggest Sweden.
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colivigan



Joined: 26 Oct 2005
Posts: 290

PostPosted: Sat Feb 23, 2008 2:19 pm    Post subject: Reply with quote

MossPile wrote:
I am the intended recipient, though, so the letter is mine and I can pass it on however I like. For what it's worth, that last bit is a standard bit of legal ass-covering - when you boil it down, all it means is "if you aren't supposed to be reading this, please don't".

Your buddy Ian might not be too happy about having his email address posted in a public forum, though. Wink
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DrmBytes
Moderator


Joined: 16 May 2004
Posts: 3002

PostPosted: Sat Feb 23, 2008 2:51 pm    Post subject: Reply with quote

@MossPile

I don't hate Apple, either. I've been a very big supporter of theirs for many years. People who ask me what player to get, and there are a lot of people who respect my opinion on such matters, are told to get an iPod. I have always recommended the iTunes store so long as there was a way to deprotect the music. That all being said, my boycott isn't about hating a company. It's about making a stand for something I believe in. The name I chose to use on this forum was not some random thing. It's a play on words, yes, but, it's also a belief that DRM is more about control of the purchasers than about controlling piracy rates. Look at how Apple wields the power of DRM. iPod lock in? That's consumer friendly how exactly? You're blaming the RIAA for the Apple DRM? Really?? Cause I look at Amazon and a few other stores and I see music without DRM being sold legally. If it was the RIAA that absolutely required DRM, those stores wouldn't be doing that. Please don't go giving Apple some kind of free pass here. They're not even close to innocent and quite a bit hypocritical in their "we hate DRM" stance.

@brahms

My only regret was that you didn't talk to one of us mods before you posted that link on the site. Everyone needs to understand, there was absolutely no rule or requirement for you to do so. Therefore you did nothing wrong by posting that there. Had I listened to my instincts I would have taken it down and PM'd you about it so we could discuss it. I knew from the beginning that it was going to cause trouble. But, since you posted it publicly I figured it was too late. And I really didn't think it would cause this site any problems because it wasn't hosted here. I was obviously wrong and the site has paid the price for my lack of judgement. Your code is absolutely brilliant and I do appreciate what you managed to do. But in the end, releasing something of that magnitude was definitely going to piss off Apple and change the balance. I know for a fact that it would have worked on video had the code been worked on. The decryption of it works, but the writing out the decrypted video is broken. That is most definitely why Apple was concerned and why I was majorly concerned about hosting it here. If it works on rentals, and I have no idea if it does or not, then yea, Apple had a right to take the action they did....sort of. I think it was a bit heavy handed towards this site, to be honest. They could have demanded that we remove the link to it and we would have complied. Instead they demanded we remove everything, which we've done, but, that severely changes the balance I've worked so hard to maintain over the years.

It's always been a fine line. What I mean is, we wanted tools that could strip the DRM from legally purchased songs, but, we didn't want to enable widespread piracy. The tools we've hosted on this site all require that you are an authorized user of a song before it can be decrypted. The idiots that come here and say "I got this song from my friend but xyz program won't decrypt it" always get dealt with harshly by me for the very reason of this site walking the fine line. I was content to keep that balance and up until recently I personally believe Apple was content to more or less ignore it because there weren't a lot of people using these tools and the majority of them were using them for legitimate purposes. I think when requiem was posted and they realized that it had the potential to decrypt EVERYTHING, they freaked out and went heavy handed with the lawyers. This basically sucks for us and in the end them, as well. That fine line balance has kept the peace between those who wish to decrypt their massive libraries of legally purchased songs and Apple who wished to protect their DRM scheme. Sadly that balance was delicate and can now never be restored. One wrong move in a chess game can kill you. And that's what's happened here.
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chillywilly



Joined: 14 Sep 2006
Posts: 127

PostPosted: Sat Feb 23, 2008 3:36 pm    Post subject: Reply with quote

Thanks for posting that, Moss. I was curious how much information they put in a C&D letter.

Reading it raises a question. If Apple were to pursue "MossPile", how do they do so? I mean, how much information can they get from a posting on TUAW? An IP address perhaps? And Gmail... I know my Gmail account doesn't have my home address or any concrete information on me.

A lot of other bigger questions come to mind that I don't wish to post, but it really seems they pay people to scan the web for anything and everything. I guess that's common practice when you are a large company with billions in profit (the phrase "Your iPod dollars at work" comes to mind Confused )

Regardless, this is what it is and while I still think Apple is a great company that makes great products I use each and every day, I won't be fully committed to them in the music arena until they drop DRM. Plain and simple.
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