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Jon Johansen Indicted by the MPA(A)
Posted by
emmett
on Mon Jan 24, 2000 08:31 PM
from the really-bad-news dept.
from the really-bad-news dept.
Jon Lech Johansen (jlj) writes "The National Authority for Investigation and Prosecution of Economic and Environmental Crime in Norway raided my home today and seized my Linux box, FreeBSD/Win2k box and Nokia cellphone. Not only I, but also my father has been indicted, since he owns the mmadb.no domain (webhotel) where my homepage(s) have been located. They also took me in for questioning which lasted 6-7 hours. It's 2 am CET now (I just got back), I haven't eaten, and someone's definitely going to pay for this. I have shut down my old e-mail account, and I'm now using linuxdvd@mmadb.no - More information coming tomorrow, once I've talked to my lawyer. Did someone whisper countersuit?" Jon Johansen is the young man from Norway who reverse-engineered DeCSS.
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Jon Johansen indicted by the MPA(A)
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Not indicted by the MPA(A) (Score:4)
He has been indicted by his government. Criminal charges are generally filed by governments, civil charges may be filed by anyone. Of course, the government is undoubtedly acting at the prompting of the DVD CCA or some similar organization.
So while the government may call DVD CCA people as expert witnesses and consult with them on the case, it is ultimately the government's case. This means a government prosecutor, not a DVD CCA lawyer.
Of course, I might have it totally wrong, as I'm not a legal expert in Norway (or anywhere else, fo r that matter), but I'm pretty sure that's how it works in most western countries.
Really him? (Score:5)
Real? (Score:4)
We need to help him. (Score:3)
Re:Moderate this up...If you check (Score:3)
defense (Score:4)
Mirror [mediaone.net] the source. Nobody's knocked on my door yet, and I've made a dozen offers for people to mirror from my site. The RIAA does not read slashdot. =)
Join the EFF [eff.org] and pay attention to the action alerts.
Alert the press! Get our side out there! They think we're pirates - this isn't about piracy, it's about interoperability.
Start a legal defense fund for *all* DeCSS victims.
That being said, here's why they're doing it: Scare tactic. They want to "get tough" on the "pirates" and scare people into submission. Ain't gonna happen - don't let them. Fight back - we're talking about something central to the open source community: the right to reverse-engineer to promote interoperability and open standards. This just reeks of proprietary do-it-our-way-or-the-highway. Fight back! I know alot of us aren't political enough - but consider donating a few bucks and also mirroring the source. Post to slashdot. Sign up to become a DOE for the case. But do something - get involved.. or we may wind up with another kevin mitnick [freekevin.com] - en masse.
This is a full-fledged war now against the open source movement: they're trying to stop reverse-engineering and black-box everything. They can justify and rationalize all they want - but it's really about them trying to gain/maintain their monopoly on distribution. It's high-time we kicked our ass into gear and get people like Ralph Nader on board. This is about consumer rights - something any average joe on the street should understand. WRITE TO THE PRESS NOW. Give a counter-point, make it so your mom can understand the key points.
Unfortunately, that's not the point (Score:4)
A very huge and powerful industry has just realised that somebody has swept the control of their product right out from under their feet.
As soon as they release a DVD copy of something, people who want it at high quality, for free, can get it.
Our arguments about the obsolesence of this kind of Intellectual Property, and the fact that they're still going to be making more money than they were from video, don't really matter. What's at stake here is vast amounts of power and money, and big corporate machines don't react well (or rationaly) to losing it.
I would expect that the Norweigan Government came under vast amounts of pressure to take this action.
Well - for those that doubted it - the war is on now. Without without intending to sound absurdely melodramatic, the stakes are what kind of future this planet is going to have...
You're Damn Right Someone's Going To Pay (Score:3)
My heart goes out to this poor kid and his family for the abuse they're no doubt suffering. I hope we, as a community, can speak out against these injustices and stop them from happening again.
What can we learn from this, if you think you might be raided some day?:
1. Use an encrypted file system. Don't give the spooks any more information than they possibly can get.
2. Don't let them touch a fucking thing until you've spoken to a lawyer. I have a feeling it's very illegal for them to remove things from your home until you've had a lawyer look over the warrant.
3. Don't let them frighten you. Intimidation is their most powerful ally. I know I'd be shitting my pants if I were called in for questioning. Just remember, if you live in a reasonably free country, you're not going to lose anything by keeping your mouth shut, but you have a lot to lose by talking.
Whatever you do, *don't* let these government bastards take away your rights. Just because you're suspected of a crime doesn't mean you have no freedom.
And I call on every Slashdot reader to do something about this. Write letters, make phone calls, give money.
It's kind of funny, so soon after Kevin Mitnick was freed, that we have another martyr on our hands. This is one instance when I hope the hacker (and cracker) community will rise up and speak out for freedom.
Remember the writings of Jefferson and the other American founding fathers, and live by them.
Norway's Laws (Score:4)
The relevant Articles of the constitution:
Article 96
No one may be convicted except according to law, or be punished except after a court judgment. Interrogation by torture must not take place.
Article 99
No one may be taken into custody except in the cases determined by law and in the manner prescribed by law. For unwarranted arrest, or illegal detention, the officer concerned is accountable to the person imprisoned.
The Government is not entitled to employ military force against citizens of the State, except in accordance with the forms prescribed by law, unless any assembly disturbs the public peace and does not immediately disperse after the Articles of the Statute Book relating to riots have been read out clearly three times by the civil authority.
Article 102
Search of private homes shall not be made except in criminal cases.
Re:I can easily pirate with DeCSS (Score:3)
I'm addressing the prevailing attitude that's being displayed: that things should be nailed down to the bloody floor to stop y'all from stealing it. And that if you don't use a big enough nail, then it's your own fault if it gets stolen.
Sure as hell says a lot about the state of our society when the victim is blamed for being victimized.
Gah.
--
Re:I can easily pirate with DeCSS (Score:4)
What they hope to gain, by scaring people into not mucking with DVD, is to retain their monopolistic control of DVD decoder technologies.
This may be a good thing... (Score:5)
The best scenario I can see is:
At which point I'll think about getting a DVD drive and some DVD movies. However, it won't be a done deal: I want the MPAA to apoligize to all of us.
Reverse Engineered CSS; Wrote DeCSS (Score:3)
Re:defense (Score:3)
On the other hand, everything that Signal 11 quotes here is the right route to go: it is exactly what a brave band of Netizens have been doing to fight the criminal organization I mentioned. The suits & their hirling lawyers want to keep people from knowing the truth, from sharing both the truth & the facts with other people.
Hiding information does not make it go away, but the act ensures that the good guys can't use it to benefit humanity.
Geoff
P.S. Okay, I admit I'm stupid to state this, but here's my first post to
A call to arms (Score:3)
I find it very interesting that some sort of serious legal authority is getting involved in this situation - I was under the impression that in the U.S. it was a civil suit. Is it a civil case in Norway also? Who are these people? Can someone fill that in?
This was a wake-up call for me. I was supportive of the EFF and everyone else involved in the suit in California, but I figured it would be one of those things where the case went to court, the judge laid the smack-down (so to speak) on the plaintiff, and we all went on our merry way. But the fact that an indictment was returned against this gentleman shows that not only is the DVD CCA intent on making a serious effort to put a stop to legal and legitimate reverse engineering but that there is a severe possibility that WE MIGHT LOSE.
I went and read the response by the DVD CCA- their argument is since the code has the master key in it, it MUST have been obtained illegally. This is a circular argument. But if they are able to convince a judge that this is true, this could signal an end to the idea of black-box reverse engineering.
How can we prevent this from happening? I'm starting by putting a copy of the DeCSS code up on my personal web server: http://128.122.106.158/decss.txt [128.122.106.158] This is the only code I have - if someone wants to email me something more complete, I'll put that up. Email me at matthewzito@yahoo.com.
Everyone should put this code on their site. If enough people put this code on a website somewhere, the DVD CCA can't sue/arrest/harrass everyone. It's an old, hokey protest tactic, but it works.
Next, contact anyone and everyone in power. Call newspapers, politicians, and tell anyone and everyone who will listen. If they won't listen, tell them multiple times. Be polite, but be firm.
Write letters to the editor. Here, the idea is to make sure that everyone is aware of the issue, and more importantly, is aware of our side of the issue. Make sure that if someone reads an article that supports the DVD CCA, they have already read or heard something from someone sympathetic to our cause.
Donate money to the EFF, and any legal defense fund that is created for this gentleman. It doesn't have to be a lot, but anything you can give can help insure that we get a victory in the courts.
Anyone interested in putting together a little fund to run an ad in a major US newspaper like the NY times with the DeCSS code in it? That's more of a farfetched idea than most of the others in this post, but its a beautiful idea nonetheless.
Basically, the only things we can do are practice social disobedience (even in such a minor form as keeping our own public copies of the decss code), support those who are fighting the legal battles in the courts, and educate, educate, educate. Even if we lose some court battles, if the public in general is aware of the issues at stake, that gives us an advantage for future confrontations with companies trying to stop legitimate reverse engineering. Which there will certainly be.
Email me at matthewzito@yahoo.com
Matthew J Zito, CCNA
Re:You're Damn Right Someone's Going To Pay (Score:3)
You may not have a choice. If whoever has the search warrant is sufficiently interested in you, they will show up with official-looking policement with official-looking guns, and if you try to interfere with the service of a search warrant they will slap you in jail for obstruction of process or something. And think about it, if they think you're enough of a threat that they want to steal your computer, they think you're enough of a threat that they'll throw your butt in jail if you give them half an excuse. Sometimes just being present at the time counts as an excuse.
So yes, have a lawyer present if circumstances permit, but don't try to interfere with the seizure. On the other hand, record everything that happens, and insist on an inventory of items taken. Make your own if you have to (and can). Get whoever's in charge to sign the inventory, or note that s/he refused to do so.
One tip from the sixties: If you find yourself in a situation like this, try to get someone to serve as a witness. Not everyone is going to want to be involved, but if you can find someone who is willing to just stand and observe, then be deposed later (they don't even necessarily have to go to court), you can have someone back up your statement that they took your stereo and CD collection on the ground that one of your music CDs might have data hidden on it.
Disclaimer: I am not a lawyer. I speak as a resident of the US, based on my experiences and limited understanding of the laws here. Norwegian law (or other countries' laws, if it comes down to it) may necessitate a different course of action. And especially in cases like this, consult an attorney.
--
More Issues And Mirror URL (Score:4)
Well, things are starting to get a bit out of hand. Before I mumble on about real issues I would like to ask a question. What is the best way to protect your personal possessions from theft, 1) Buy good locks for your doors and windows, or 2) Leave the door open and sue anyone who steals anything.
This is no longer about Jon Johansen, or the cracking of DeCSS, this is about Abuse of privilege. In any country the legal system is paid for by the people and is there to protect the people and other legal entities (including corporations). The legal system is not there to replace adequate safe guards, do we complain when prisoners start law suits at the publics expense because they got the wrong kind of peanut butter? Do we complain when able-bodied people call an ambulance to take them for a checkup? The answer to this is yes (I hope) because it's abuse of the system. In the same way we should protest that entities like the MPAA think they can throw their weight around at the public's expense due to little more then their own failings, yes I know they pay for their own lawyers but the courts etc. all come from the taxpayer.
The issues surrounding the right to access legal acquired information etc. have been covered in other posts, but I would like to bring to people's attention another abuse of the CSS system. The CSS system is there to protect against piracy and to enforce the region coding system. I am angered by the abuse of the region coding system, a DVD disk costs about twice as much in the UK as it does in the US, and quite often does not have as many added extras (interviews, clips etc..). The region coding system forces us to buy often inferior products at always exaggerated prices. Naturally a booming market in imported DVD's and 'chipped' players sprung up but the MPAA lobbied the British government into a large scale crackdown of the 'Grey imports'. Once again taxpayer money wasted in support of big business screwing over the overage joe.
For these reasons I will continue to host a mirror at http://www.exaflop.org [exaflop.org] and urge other mirror owners to email me and pass on their URLs to aid in the construction of a larger list of mirrors. The MPAA and it's members need to learn three lessons, 1) Attempting to control legal use of a legally purchased product is futile, 2) They cannot continue to abuse privilege, 3) There is no putting of the baby back into the womb once it has been born.
Re:A call to arms (Score:3)
Many people have been advocating the strategy of downloading a copy, and putting up a mirror site. But I haven't seen anybody discussing authentication.
I think the MPAA could do the following:
Take the DeCSS code, and change a few characters. (I recall the source had several big arrays. Modify a few digits in there and nobody would notice.) Make a bunch of different pseudo-DeCSS programs.
Next, an MPAA shill makes a mirror site with one of the fakes, and then posts to slashdot (New mirror here!) giving the address of the fake code. Some more slashdotters happen to grab that code, and set up their own mirror sites, unwittingly spreading the errors. At the same time, the MPAA continues their attack on any server that gets the correct code.
The MPAA repeats the above several times so that there is as much bad code as good. Yes, the DeCSS code is still available, but it's impossible to find in the midst of all the fake stuff.
(If you set up a mirror site, ask yourself where you got your copy, and if you tried to verify its accuracy.) Have there been any copies signed by someone who checked the source?
Again, in all the discussion, I haven't seen these points brought up anywhere, so I'd like to see what others think of the same subject.
-----------
Right now you can buy pirate Hong Kong DVDs for $3 (Score:5)
Someone really needs to make sure EFF and the other defense lawyers know about that - there's a giant REAL piracy operation going on and MPAA is paying no attention to it.
Re:Really him? (Score:3)
Time flies like an arrow;
Re:I just don't understand. (Score:4)
If they win, it affirms their "firm stance" against hackers. It provides an appearance of vigilence in protecting their "trade secret". It promulgates the atmosphere of fear that any reverse enginieer will endure.
One of the things that really disturbs me about all this (and not just this, this has been bugging me about the corporate world for quite a while) is that many people seem to view their jobs as "check you conscience at the door". I've had several people remark to me (in the course of doing something for work) "my job is X", where X often maps very closely to "maximise the profits for the company regardless of method". How many software engineers loathe software patents but churn them out as part of their job? Like situations exist in many places. I though "I was just following orders" was a discredited idea these days. How many companies feel their duty to the stockholders vis a vis sheer profit is the guiding light of their actions? Trademark lore _requires_ trademark owners to pursue any potential infringement with the evils of legal threat lest they lose their trademark. Like provisions exist for trade secrets (hence the DVD CCA's need to display vigilence, however misguided). These provisions are _actively_ bad for polite cooperation and free flow of information and technology.
It depresses the hell out of me.
WTO, anyone? (Score:4)
Does anyone know how exactly how these events could have transpired, i.e. how law enforcement agents could have been wielded against Jon based on what he did? What did he do that was illegal, or what are the police claiming? Are they answering to a higher power, that is in turn answering to corporate interests, through the WTO or something similar? (I mean officially, we all know they do it under the table anyway....) What is the power/legal structure invoked here?
Re:defense (Score:3)
Anyone who seriously considers the events of the past year understands that the monopolies in place for content distribution are outmoded. Five years from now the distribution systems of the 20th century will have been almost wholly replaced. Information is not physical and has different distribution properties. The monopolies were established primarily because creation and distribution of the physical medium requires infrastructure and capital. Remove the physical medium and the market must change.
Anyway, enough banter. Here is a copy of the letter I sent to the EFF after sending my donation. I urge each of you to consider contributing or volunteering your time to the EFF (why not at least visit their page [eff.org]?)
Police can be bought with outrage or money.[funny] (Score:4)
A wonderful media spoofer who shows how the media, individuals, and even police departments can be fooled or pushed into doing things through outrage...
``In May of 1994, Kim Yung Soo (a.k.a. Joey Skaggs), President of Kea So Joo, Inc. sent 1,500 letters to dog shelters around America soliciting all their unwanted dogs for $.10 a pound.......''
You can guess what the reaction was. The rest of the story is there, along with other spoofs and hoaxes by him.. They're very good.
This is just another case of the same thing.. The police being coerced by lots of outraged people calls, in this case its from lawyers representing the MPAA CCA, in that case, by the ``concerned public''.
Re:Unfortunately, that's not the point (Score:3)
They are enforcing a tying arrangement between the content of DVDs and the players by licensing. Tying is generally considered illegal under antitrust laws; this was one of the allegations against MS: tying IE to Windows. Anyway, they charge huge amounts of money for these licenses, so not only are they (illegally) enforcing their monopoly, they are lining their pockets in the process! This is why they are threatened by DeCSS. If players became freely available, they would lose their iron grip on the market. This is why they are abusing the court system to scare off potential codevelopers of LiViD and other free players.
Cat is Out of the Bag? Who Cares (Score:3)
The whole DeCSS issue is an important one that will shape computer politics in the decades to come. The issues at hand, specifically the right of the consumer to reverse engineer products he owns, especially to further interoperability, is a very serious one.
The problem with the
The fact is, DeCSS can be used to make copies of DVDs. This is a serious concern with the movie industry, and they intend to do something about it. The very day that work on DeCSS was started, someone should have been considering the legal implications of the project.
Folks, this issue isn't going to go away until the final verdict is rendered. The MPAA and DVD CCA will try and go all the way to the Supreme Court if they have to; simply saying "cats ut of the bag!" and posting a link isn't doing anything to solve the problem. If nothing else, it is making it worse by possibly implicating yourself in the whole mess.
What can be done? Donate to the EFF to fund the defense. Raise awareness with intelligent conversation and advocacy. However, I believe the most important lesson that we can glean from all this concerns legal issues. The time has passed when we could code first, ask forgiveness later. There's big money and big prison time at stake. Perhaps it's time we sit back and think, if I'm going to hack away at a program/piece of hardware/whatever, 1) is this legal 2) is this ethical and 3) what can I do to ensure that the project STAYS legal and ethical?
This fiasco is a perfect example. The very moment the DVD CCA learned of DeCSS, their lawyers went to work. Can the same be said of ours? Playing catch-up and react is just what they want us to do. It's time we take the initiative.
[1] You'll note secret is in quotations. That is because the issue of CSS being a trade secret is still in debate.
Untouchable Data Haven (Score:3)
I'm surprised that the idea of data haven isn't seriously being considered by open source and free speech advocates. The basic concept is straight out of Neal Stephenson's Cryptonomicon, although the idea has been around longer then that.
Someone, in a free country with good laws and a good legal system (i.e. not the US), supported by hackers and privacy supporters all over the world, should set up some servers. These could host reverse engineered open-source programs, CVS repositories, cryptography software, text documents, and other free speech related stuff.
Programs like DeCSS could be hosted there, immune to search and seizure, and out of reach of lawsuits that are only started to bully and threaten.
We need something like this now! It will be essential if reverse-engineering does become illegal in more places, affecting software like Samba and hundreds of other useful programs.
Questions I would really like answered:
- Is there something stupid about this idea that I don't realize?
- Does something like this exist already?
- If so, can I support it?
- What would be a good country to do this in?
- What would it take to start one?
Re:Real? (Score:4)
Re:Can a Norwegian summarize the info at this URL? (Score:3)
Economic Criminal Departement (ECD) has razzia at hacker's home.
ECD has charged and confiscated (stuff) in the home of a 16 year old computer-hacker in Larvik, after he cracked and published the protection code of the american film industry.
On the background of a charge from the american film industry's branch organization MPA, ECD yesterday ransacked the home of the 16-year old in Larvik. The Attorney of State Inger Marie Sunde in Økokrim, confirms to Aftenposten that they yesterday got the court of interregation's court-order for doing this, in order to secure evidence in the case.
The background is a charge the ECD now has taken against the 16-year old. The charge is based on two possible deeds punishable by law. They have to do with that he autumn last year helped crack the protection the american film industry uses to stop piracy of films on so-called DVD-reckords. This is according to Sunde covered in the law of crimes, and can be punished by fines or inprisonment in up to two years.
(more coming up)
Re:defense (Score:3)
---
"'Is not a quine' is not a quine" is a quine [nmsu.edu].
"Broken Copy" - similar to PSX copy-protection (Score:3)
This part of the copy-protection scheme is (as far as I can tell) similar to the way Sony (tries to) keep people from pirating Playstation games. Every PSX unit's firmware is programmed to only play games with the correct localization code and the correct format - and the localization code is written in a way that commercially available CD burners and the like can't duplicate. That doesn't mean that a person can't chip their playstation (bypass the security on the end-user unit), but it does make it very difficult for people without some -serious- equipment to pirate games to run on normal units.
If DeCSS is outlawed, only outlaws will have DeCSS.
---GEC
Re:Can a Norwegian summarize the info at this URL? (Score:3)
The 16-year-old has in addition published a computer program on the internet, that allows others to break the copy protection, and make copies of movies and other works of art, that are made and sold digitally.
The program is published on the homepage of his fathers company. Therefore he also is included in the part of the charge concerning assistance to illegal publishing. This is a deed that is covered by the law of artworks, with a possible punishment of up to three years of prison, according to Sunde. And she continues:
"We take seriously to this kind of lawbreaks. It's a big problem for those who produce works of art to protect their economic intrests when the works are distributed electronically. Therefore it is important to keep the demands of punishment made for works of art of the types movies and tv-programs."
On the same time it is important to strike at the hero-worshipping the persons who are behind such deeds are treated to by the hacker-community. And even if the center person in this case is only 16 years, it seems he is fully aware about what he's done, says Sunde.
The 16-year old have earlier gone out in the media, after he, together with two other hackers, cracked the protection code and put it on the internet in the shape of a link to the program DeCSS. This program contains the receipe for breaking the code.
The representative of the american film producers in Norway, lawyer Espen Tøndel, confirms to Aftenposten that he on behalf of his client has laid forth the charges of the 16-year old and his father.
"We will establish that even in a digital world it is punishable to break into another mans establishment. The most serious consequense in this is that the persons who did it is responsible for withdrawing large income. In Europe only, the audiovisual industry yearly lose 8 billion kroner. With the internet evolving into the biggest distribution system in the world, this is an even more serious problem," says Tøndel.
"We had not expected this to happen so long after the case was known and the program made available. But there are powerful forces behind," said the father of the charged to Aftenposten late last night. The man was then beeing interrogated by the norwegian department of economic crime.
"The police has taken my son away for interrogation at the local police station. They have taken two of his computers, but I don't know if they'll get anything out of them."
Translation of the VG story. (Score:5)
16-year old beeing interrogated until midnight.
After