Linked by Thom Holwerda on Mon 26th Apr 2010 23:11 UTC, submitted by UglyKidBill
Legal Well, this is unexpected. The iPhone 4G saga just got a whole lot crazier - dare I say it, a whole lot more ridiculous. Have you ever reported anything like a phone or something similarly small stolen to the police? What was their reaction? Did you ever get the device back? Did they send an army of officers to get your device back? No? Odd. They raided Jason Chen's house, and took four computers and two servers. Update: And thus our true colours reveal. "The raid that San Mateo area cops conducted last week on the house of Gizmodo editor Jason Chen came at the behest of a special multi-agency task force that was commissioned to work with the computer industry to tackle high-tech crimes. And Apple Inc. sits on the task force's steering committee." Update II: According to TechCrunch, the investigation has been put on hold while the DA ponders Gizmodo's shield defence. Update III: Some legal insight from a constitutional law and first amendment expert and a law professor. The gist? The DA has said no one has been charged with anything here, making this just an investigation - however, this makes the search and seizing of material worse. "If the police are literally just gathering information, with no suspect targeted yet, then a subpoena against a journalist would have probably been smarter than a search warranted that resulted in the front door of Chen's home being bashed in."
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by ozonehole on Tue 27th Apr 2010 00:17 UTC
Member since:

This story reminds me of the saga of Jon Lech Johansen, better known to the world as"... - the 16-year-old hacker who wrote deCSS that allows Linux users to view DVDs on their computers. US authorities - showing that they are owned lock, stock and barrel by the MPAA - pressured the Norwegian government to prosecute Jon.

They had no case, and the charges were eventually dismissed. But they made their point - piss-off a big American corporation, and they'll come after you, even outside the USA.

Edited 2010-04-27 00:23 UTC

Reply Score: 11

by lemur2 on Tue 27th Apr 2010 02:00 in reply to "DVD Jon"
lemur2 Member since:

the 16-year-old hacker who wrote deCSS that allows Linux users to view DVDs on their computers

Not quite accurate, in a number of different ways.

(1) DeCSS is a Windows program.
(2) Linux doesn't use DeCSS to view DVDs, it uses libdvdcss, which works in a different way entirely.
(3) libdvdcss wasn't written by DVD Jon, it was written by VideoLAN.
(4) libdvdcss has never had a challenge in court.
(5) While DeCSS uses a cracked DVD player key to perform authentication, libdvdcss uses a generated list of possible player keys.
(6) libdvdcss was written and available well before any DMCA law
(7) while Linux users have a legitimate beef that the DVD consortium does not provide any official means for Linux users to watch DVDs, DeCSS does not have that same mitigating circumstance.

While one could argue that DeCSS is illegal because it uses a cracked DVD key, and therefore is in breach of Trade Secret law, that argument doesn't apply to libdvdcss. libdvdcss is not a copyright violation, it is not a breach of Trade Secret law, it uses only data that is published on the DVD itself, it's intent is only to allow users to view legally-purchased DVDs, and it pre-dates the DMCA.

Reply Parent Score: 5

RE[2]: DVD Jon
by Zifre on Tue 27th Apr 2010 22:01 in reply to "RE: DVD Jon"
Zifre Member since:

Very interesting. I never realized the difference.

However, ozonehole's comment still applies. The US government still thinks it owns the world.

Reply Parent Score: 2