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Jon Johansen Indicted by Norwegian Authorities
Posted by
michael
on Thu Jan 10, 2002 10:01 AM
from the free-jon dept.
from the free-jon dept.
phlawed writes: "This story (norwegian) states that the authorities responsible for investigating economic crime in Norway today (after 2 years of "investigation") charged JLJ for violating a law regarding computer "break-ins", commonly known as the "hacker paragraph". This is for distributing the DeCSS sourcecode. The analysis so far (by media) is that the authorities not necessarily thinks JLJ is guilty, but due to unclear wording in the relevant law they seem to think that the courts should have a look at it... It is worth noting that JLJ has *not* been charged for violating any law regarding IP, piracy or such." I've only found one story in English, which is quite vague. Hopefully the above poster is correct in summarizing the situation.
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Jon Johansen Indicted by Norwegian Authorities
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The English story is correctly translated. (Score:4, Informative)
The motivation is that Jan has broken the crypto. "When you buy the disc, you buy the rights to play the movie, not to copy it".
They just don't get it. You have to be able to decode the data to play it.
It has NOTHING to do with copying.
Re:The English story is correctly translated. (Score:5, Informative)
I was thinking that maybe I could pack up my "Got DeCSS" T-shirts for posterity just last week, but hell no. The world is still full of shite and nonsense, and _we_ are still a tiny minority.
THL.
Re:The English story is correctly translated. (Score:5, Informative)
It has NOTHING to do with copying.
Originally, you are correct. DeCSS was built to decode discs without using one of the proprietary (and unavailable) players.
BUT, unfortunately, it has opened the door to DVD copyright infringement ("piracy"), like it or not.
You don't have to go far to find DeCSS being used in "shady" ways:
http://www.dvd-copy.com/ [dvd-copy.com]
http://www.dvdcopycentral.com/ [dvdcopycentral.com]
http://www.howtocopydvds.com/ [howtocopydvds.com]
http://www.dvdcopypro.com/ [dvdcopypro.com]
.. I could go on.
While it shouldn't be inherently illegal to decode and copy discs for legitimate purposes, that's not how DeCSS is being used, the majority of the time. It sucks, but it's true.
To many people, it has EVERYTHING to do with copying (or decoding and re-encoding to other media, distributing, etc).
Re:The English story is correctly translated. (Score:4, Interesting)
That needs to be the soundbite that every lay-person needs to hear fors and at at least 15 decibels louder than the rest of the explination.
and I would add at the end how most every tool has a dark use.
Please think yourself... (Score:4, Insightful)
Also, look how guns are being used:o vember/111298.htm [nashville.org] o n_news/STORY.ea7fa58a63.b0.af.0.a4.33ca3.html [dallasnews.com] 0 4.html [woub.org] 4 .shtml [nwsource.com]
http://www.police.nashville.org/news/media/1998/n
http://www.co.ramsey.mn.us/attorney/pr_thao.html [ramsey.mn.us]
http://www.dallasnews.com/metro/arlington/arlingt
http://woub.org/news/Stories/2001/January/010109-
http://seattlepi.nwsource.com/local/43950_murder2
<sarcasm>Looks like it's time to go after those gun manufacturers. After all, their products are clearly being used to break the law with disastrous results for society.</sarcasm>
In our society, people are supposed to be held responsible for their *own* misdeeds, NOT the potential misdeeds of others. That was the heart of the Betamax decision, and it seems like the same standard should be applied here. DeCSS is not required for copying, and can be used for significant non-infringing purposes. PERIOD!
This is great (Score:3, Funny)
"Hey you, come over here. I've been watching your for 2 hours, and I'm not sure if picking your nose is illegal, but let's see if the courts think that is obscene" (yeah, bad analogy)
Re:This is great (Score:4, Insightful)
I don't think that's a bad analogy. That's just about what's happening with the copyright vs. fair use issues in America and apparently the world. The real problem is that too many times the person under indictment doesn't have the same financial (and thus legal) power to prove the law is flawed as say a mega corporation who has near endless resources to "prove" the law is correct.
To extend your analogy, you've been arrested because nose-picking is obscene, but AOL-Time Warner helped put that law into place and they can spend $15 million on lawyers and lobbying to make sure the law is proved right. You can't afford that much, so you're already fighting on a non-level field. Most likely, you'll settle for a small fine or sentence, and now the law has been "proven" to work...even though no good argument against it has been presented in court.
And that, my fellow
VG Nett has the same story (Score:2, Informative)
The whole case is pretty vague (Score:5, Insightful)
The norwegian article states that the same laws were used to prosecute people cracking TV-coding so that they could watch TV-signals without paying. The norwegian supreme court concluded that those paragraphs could not be used to punish this incident.
The weakest part to me seems to be the prosecutors words on buying a DVD:
"When you buy a DVD, you buy the right to view it, but not to copy it".
This is blatantly false, as people in Norway also have fair use rights to their purchases.
I was actually a bit shocked to see that he was prosecuted. I would understand it under the DMCA, but Norway does not have these kind of laws.
Re:The whole case is pretty vague (Score:4, Interesting)
Ahhh the journalistic credibility! (Score:3, Funny)
I love
What the hell.. (Score:2, Funny)
When you purchase a DVD, you are paying for the ability to play it on players approved by the people who made the disc. As much as everyone hates to admit it, there is nothing illegal about this. You can buy a DVD without owning a player, and if you do you can't sue about not being able to watch it. Likewise, you can't write a program that lets you watch it on something the makers don't want you to watch it on. Because if they knew you were doing that, they wouldn't sell you the movie.
We have no 'rights' to view any movie, really. If we did, theaters couldn't make a profit off of tickets, and DVDs would only be priced high enough to cover costs.
If you want to watch a movie, get a real DVD player. Don't complain because you can't do it on your Linux box. Don't write software that does something illegal. Just like you shouldn't sell de-scrambler kits for cable TV. Same thing, only software.
Re:What the hell.. (Score:4, Insightful)
Under the DMCA this is true. The question is whether this will hold up under existing copyright laws.
Your cable descrambler analogy is invalid, as in that case, the "pirate" has not paid for the content. In the DVD case, the user *has* paid for the content, and, (wholly IMO) has a right to use that content for personal use in whatever way they see fit.
Re:What the hell.. (Score:5, Insightful)
When you purchase a DVD, you are paying for the ability to play it...
When you purchase a DVD then you can do anything you want with it - except distribute copies of it. Manufacturers may try to contrain your use to uses that they approve of, but none of these are enforcable.
Your argument falls to bits after this cornerstone is removed.
3/10 - Must Try Harder.
Here's why you're wrong (Score:5, Insightful)
Nowhere on the packaging does it say this. There isn't any indication, prior to the sale, that the usage of the DVD is so unusually restricted.
Just as when I purchase a book, I am not just paying for the ability to read it by the light of some particular manufacturer's lamp.
When you buy something, you're paying for what you expect. Sometimes when you buy something, there is a detailed contract that actually spells it out explicitly. In the case of most "consumer" things, it is not explicitly spelled out, and it's just common sense.
Also, keep in mind that when DIVX was still around, people who promoted DVDs said that one of the advantages of DVD over DIVX was that DVD was a real standard. Calling something a standard has huge implications about what you can do with it. Now that DIVX is dead, they're trying to take back what they said? Sorry, you can't have your cake and eat it too. If you want the larger marketshare and competitive advantages that come with adhering to a standard, then you accept that your product will be used in a manner where it interoperates with other parties that you have no relationship with. You can't have standards and monopolies at the same time. It is too late for MPAA or DVDCCA or whoever it is, to redefine what the customer's expectations are. That would be fraud.
Re:What the hell.. (Score:5, Insightful)
When I purchase a DVD, I'm paying for a plastic or cardboard clamshell-style box, (with accompanying boxart, liner notes, etc...) containing a DVD disc - a physical object - that contains data which, under the right circumstances, can be converted to a viewable picture and accompanying sound.
If I only wanted to purchase the right to watch the movie, I'd go to a theatre, use Pay-Per-View, or go rent the movie.
Purchasing the DVD allows me to own a physical object, in the same way that purchasing a hammer, book, or notebook computer allows me to own a physical object.
If I want to use that hammer to pound nails, I can. I don't have to buy a specific brand of nails, or buy them from a specific store. I can buy any nails I want, from wherever I want, and pound them with the hammer. I can even forego the nails alltogether, and use the hammer in a manner that doesn't involve pounding anything, if I can find a use for it. I own the object.
If I want to read the book, I can. If I want to photocopy or transcribe parts of it for use in a review, educational work, etc... I can. I can even rip out all the pages of the book and use them as toilet paper if I want. I can burn all the pages of the book (as long as the resultant fire doesn't set the house alight, of course) as kindling to start a fire in the fireplace. I can put the book under a table leg to even out a wobbly table. I can make photocopies of the pages, and plaster my walls with them if I so desire. I can run the pages of the book through OCR software and a text-to-speech program to listen to it (I might be blind) I own the object.
I can disassemble the notebook computer (voiding the warranty, most likely) and put it's parts back together into a completely different machine - or mix and match parts to build a better machine. I can install any software or operating system I want. I own the object.
Yet, the argument with DVDs is that you're ot buying the object, that you're instead licensing the content on the disc. What a load of bullshit. I see no "licensing agreement" plastered on the outside of the clamshell case. Yet, if I legally purchase a notebook computer with a DVD drive (blessed by the DVD-CCA, as it's illegal to sell one that isn't) and legally purchase a DVD, unless I'm also running a blessed PLAYER, I can't play it? Bull.
In addition, if you buy a DVD player, you can (generally) only buy DVDs in the same country as the player. Unlike the hammer, where you could buy your nails in Urugway, China, or England, and still use them, with DVDs, your'e forced to only buy from the country you bought the player in. They do this so they can charge different prices in different areas of the world. This is also called price fixing, and is VERY illegal - yet because the DVD consortium is a giant monied cartel, they are able to simply buy their way around these international laws that would normally prohibit such actions.
Re:What the hell.. (Score:5, Insightful)
If that's true, and I subsequently damage the physical DVD in a way that's no-one's fault but my own, I should be able to get a replacement from the publisher for no more than the cost of the media, duplication and shipping. The fact that this isn't the case suggests that there's little legal precedent for your point.
Obviously, accidental damage may be covered by insurance, and a faulty DVD has to be replaced for no extra charge because it's not fit for the purpose for which it was sold.
The argument that you're paying for the right to listen to a piece of music too falls apart, because if that's what you'd bought, then everyone should have been able to upgrade from vinyl to CD for cost of media and distribution. That wasn't the case either.
So, the media conglomerates are trying to have their cake and eat it, selling you a piece of commodity property and a contractual obligation in one go. The free market is in the process of solving this by disintermediating them. It will just take a while to get the technology out there for musicians and fans to interact directly.
The wording of the law in question... (Score:4, Interesting)
Aftenposten also has a story [aftenposten.no] in English.
This is the exact same paragraph which is used to convict hackers in Norway.
He might very well get convicted, I'm sad to say. He did break a protection mechanism, or distribute a means to break a protection mechanism. Although that mechanism was severely flawed.
Clueless authorities (Score:1, Interesting)
When it comes to Jon Johansen, he was initially quoted saying that he only made the gui for DeCSS and that the program itself was made by som german in his group. Only later did he claim to be the author of the entire program.
He was hired for his "skillz" by some startup norwegian dotcom, but was soon sacked.
Taste of our own medicine (tongue in cheek) (Score:3, Interesting)
I mean, after all, isn't that what the FBI does now? When a foreign national breaks a US law but is not currently in the country, we have foreign law enforcement authorities extradite them to the US to stand trial. The US government has been doing this for years--imagine if the Norwegian government began to do that same? The country would be devoid of DVD-owning Linux users.
Re:Taste of our own medicine (tongue in cheek) (Score:5, Informative)
From norwegian newspaper Dagbladet (Score:5, Informative)
The 18 year only Jon Lech Johansen has been indicted for breaking the "computer trespasing" paragraph of the norwegian criminal code.
Thursday January 10, 2002 14:02, updated 14:53.
This is confirmed to NTB by attorney Inger Marie Sunde. Johansen has since January 2000 been charged by the norwegian financial crimes unit (Økokrim) after being reported by the american movie- and entertainment organization Movie Picture Association (MPA).
The background is that Johansen in 1999 participated in creating a program, DeCSS, that make it possible to play back DVD movie under the Linux operating system, and made it available on the internet. The program can also be used to decrypt the content of DVD-disks and makes it possible to copy the movie.
Johansen is indicted for participating in breaking the protection system Content Scrambling System (CSS), that protects the content of DVD-disks from copying.
Johansen is indicted based on the criminal code paragraph 145, parts two and tree Sunde informs the NTB.
From the inditement:
"- For by breaking a protection scheme, of by similar activities unjustly having gained access to data stored of transmitted by electronic or other technical means and by having caused damage by gaining or using such unjustly obtained knowledge."
The charged offense carries a maximum sentence of 6 months in prison.
Surely it's irrelevant now? (Score:5, Informative)
Also, according to this [shmoo.com], the DVD CCA claimed at least once that reverse engineering the CSS code was 'in principal lawful', and that the illegal part of it was from the fact that the reverse engineering was done from a piece of software which required you to click through a contract that said you agreed not to do so.
All of which makes me wonder why the Norwegians have decided to make a fuss about it now. Just when I thought we'd finally heard the last of CSS lawsuits.
Added to which, I have no idea about the Norwegian law but surely the kid was a minor at the time? He's only 18 now! Maybe it's different in Norway but most countries seem to relax laws somewhat for children...?
Let's all give up and open our wallets (Score:2, Funny)
I might be wrong but... (Score:2, Interesting)
Next thing ye know, they'll have prosecutors setting up people just to see if a new law can be applied, wait for a conviciton, then if the innocent can be bothered with an appeal, add in a statement such as "Oh, it was kinda entrapment, it just didn't seem relevant to tell the court at the trial *shrug*, but at least we know how the law should be interpreted!".
Then again, I might be completely wrong, and if that's the case then
Cheers,
leroy.
MPAA's Logic of CSS (Score:5, Interesting)
They (of course) don't want to ever lose control of their works. Their ideal world would be one with no public domain at all, no fair use, and every time you sang "Happy Birthday" you made a mircopayment.
So here's what they do. First they need to get total control of their current works, so they create a "copy control scheme"- yes, CSS. But wait, CSS doesn't stop copying- pirates can copy a DVD and the CSS layer (with the right equipment; almost certainly possible with the same used by the studios to make the DVDs to start with, or such with small modifications). So CSS won't effectivly stop copying, just "unauthorized" access.
Step two in this nefarious scheme is to make it illegal to break this protection scheme (vis a vis the DMCA). And now, the perpetrators rest assured that (barring any bumps) they can now gain income on their works forever. Why? Because I can't try to de-CSS (or if you prefer DeCSS) a DVD movie (even one that has passed into public domain) without doing something illegal. So whoever CSS'd the movie in the first place becomes the only legal distributor, even though the content may (technically) be in the public domain.
Yes, even I recognize this as being overtly paranoid, but I challenge you to come up with a better alternative explanation of recent events.
Re:MPAA's Logic of CSS (Score:4, Insightful)
After decryption is broken, get in bed with Microsoft. Have Microsoft patent the use of trusted RAM and trusted operating systems (already done) so that only Microsoft and its licensees (MacOS) will be able to play encrypted movies. The next generation of encryption will include decryption devices in the playback hardware - the monitors, and the speakers. These will become industry defaults, and will apply not only to movies by the MPAA, but also to streamed media delivered via the Internet (which is then rendered uncopyable, principally because it cannot even be played on an open source OS). Hardware makers go along because all computer users have to upgrade again, and unless you can force another upgrade cycle, everyone already has a computer powerful enough to do what they use it for.
Microsoft and MacOS thus become the only viable operating systems for playing movies, music, and streamed media via the internet (which can then be sold viably because it cannot be copied). Think I am kidding - come back in two years when this is happening.
As for Johansen, the MPAA is simply making him suffer a little. They want nothing more than to prevent anyone else from becoming a Jon Johansen. So, they dug for months to find any law that could be used to even indict him. This will not be the end, either, I suspect civil charges will be next. The MPAA is protecting the crown jewels, the IP law it bought from Congress, and it has a LOT of value at stake.
Re:MPAA's Logic of CSS (Score:4, Informative)
They're already getting that world. http://eon.law.harvard.edu/openlaw/golanvashcroft/ [harvard.edu] discusses a challenge to two copyright act amendments which effectively hose PD (namely, the Sonny Bono CTEA act and the URAA, which allows companies to retroactively reassign copyright to works already in the public domain). Predictably, the Crackdot editors were so busy hitting "reject" that they missed the submission. That or they didn't think it was important that PD works are being raped by media corporations.
You touched upon the apparent real reason the MPAA is pushing so hard for these types of laws: they don't care if the work is copied, they just want to have absolute control over its distribution. It would be nice if the courts started looking more closely at region encoding.
-Legion
Could someone explain how... (Score:2)
According to this article [aftenposten.no] he was charged around Jan 2000?
What happened?
Europe: Stop acting so damned superior. (Score:1, Funny)
Of course, were I Norwegian I would be burning up the phone lines with calls to said leaders right now, but I don't live there, so knock yourselves out.
Two Things (Score:5, Interesting)
Two: I wonder if the MPAA or movie studios could be sued for false advertising? If you notice, all advertisements for DVDs like "Shrek" or whatever scream "own this DVD NOW!" Yet, the studios emphatically deny that customers actually own the DVD or the right to do anything with it other than play it on an officially sanctioned player. If you "own" the DVD doesn't that imply the right to play it in any way you want, or can do with it as you will? Obviously, you don't own the rights to the content, so re-distribution is out -- but I'd think ownership should require the right to decode the content for personal use.
Class action suit, anyone?
Jon Johansen's own words on DeCSS code (Score:5, Informative)
http://www.linuxworld.com/linuxworld/lw-2000-01/lw -01-dvd-interview.html
[linuxworld.com]
He's a wonderfully plain-spoken person. My other favorite Jon Johansen quote is from when he was responding to reporter Declan McCullagh, and Declan was arrogantly giving Jon a hard time for not immediate returning Declan's request for comment:
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]Showing up in court... + MPAA influence (Score:2, Informative)
Should the norwegians able to do so show up (say, with large banners with the DeCSS source code and the proper buttons and slogans) when the case is tried? Would it be a wise thing to do? And anyone with me?
It also looks like (from NettAvisen) that the authorities are mostly after trying out the hacker paragraph and not necisarrily get him convicted...
Lastly, I don't think it's been mentioned yet that MPAA is responsible for this...they hired the lawyer that convinced the authorities into charging him (according to www.itavisen.no).
- Dag Sverre, Bø i Telemark
Ho hum. (Score:5, Insightful)
Insanity x Insanity = Insanity. This proves that insanity is the identity element.
Having got that out the way, let's look at that quote from the lawyer a bit closer. "You buy the rights to watch the movie, not to copy it."
Pardon me for not being able to directly teleport the digital signal off the DVD, descramble it in my brain, and view it without the aid of any mechanical device. For, surely, should you require a mechanical device to view the DVD, then you must have two copies at the time of viewing. One on the DVD, and one generated by the device used for viewing.
Conclusion: To have the right to view a DVD IS to have a limited right to copy the DVD, as many times as you like, so long as the copies are transient, and exist only for the duration of viewing the DVD. (If you want to be absolutely merciless, you could argue that they can only exist for the duration of viewing a frame. But the duration WILL be non-zero, no matter how short you require it to be.)
So long as DeCSS does not, in and of itself, produce permanent or semi-permanent copies, but rather produces a stream of transient images, then it is not a copying device. It is a viewing device. To produce a copy, you must produce a means of creating a more permanent rendering.
This reminds me of a "hacking" case in England, back in the 1980's. Someone broke into Prince Philip's private e-mail account. He was accused of counterfeiting the "key", as I recall, as there was no law specifically against computer cracking at the time. The prosecution argued that typing in a password constituted posessing and using a pick-lock, which was illegal.
The defence argued that the password never actually resided on the alleged system cracker's computer, and therefore posession never occured. (Yes, they accepted, the password was -temporarily- there, but that an instantaneous existance did not qualify as residing.) If there was no posession, then the alleged cracker could not be guilty of the exact crime as charged. They then argued that the courts were there to judge the offence, as stated, not to decide the morality of the defendent.
Again, as I recall, the defence won, and a whole slew of new laws were rapidly drawin up, in an attempt to fix the mess. (The "Computer Misuse Act" dates from around this time, along with the "Data Protection Act".)
The same logic would seem to apply to Jon Johansen's case. The courts aren't there to decide if DeCSS is moral or immoral. They are there to decide if it constitutes, in this case, unauthorized access to, or unauthorized use of a computer, through the process of unauthorized duplication.
The parallels seem clear to me. DeCSS doesn't posess any copies, for the same reason. Each block of data exists instantaneously, and therefore actual posession does not occur. If no copy exists, in a legal sense, then no duplication has occured. If there is no duplication, then there is no unauthorized use - at least, in terms of what is charged. It is irrelevent, for any legal purposes, whether the use was authorized or not for anything other than what is charged. The charge is the sole concern. (At least in theory.)
Once you go down this path, you can see that the case almost has to collapse, if Jon can get a decent lawyer. Whatever your personal belief, with regards to DeCSS, whether you believe it is right, wrong or indifferent, your beliefs really are irrelevent to what the courts decide. The judge has one decision to make, and one alone: Does the law fit the facts? Yes or no. No twisting, no modifying, no reading between the lines, no adding stuff. If the answer is no, and I can't see how it could be anything else, then Jon Johannsen is innocent of the charge.
(Personally, I think he's innocent, without qualifiers, that DeCSS is a perfectly legitamate piece of software, and that lobby groups in the US are abusing their power to manipulate overseas authorities. I also think that those lobby groups should be brought to justice for such abuses of power. However, that's another matter altogether, as that's not the matter before the Norwegian courts. Although, I suspect that if such abuses were mentioned and proved by the defence, the judge would be unlikely to be sympathetic to the plaintif. Judges don't usually like being pawns. Especially in public.)
Don't know much Norwegian but... (Score:3, Informative)
Economic Police has decided to seek indictment against Jon Johansen for breaking the Computer/Data Crime Law. Johansen has been indicted for breaking the copy protection on DVD-discs. The indictment is no surprise, says Jon Bing.
For two years, the Economic Police has investigated the case gainst the young man[?]. Johansen is a member of a computer group which developed the computer program DeCSS. The program can be used to copy the contents of DVD-discs.
American picture associations cite that Johansen has been part of a breach of copyright law. Economic Police has sought indictment against the 18 year old man[?] for breach against the Crime Law's[?] paragraph 145.2. jfr3.ledd. [?]
Circumventing protection
- We have indicted Johansen for having circumvented the copy protection on DVD-discs. He has willfully cracked the protective measures. When you buy a DVD-disc, you buy the right to play it, not copy it, attorney Inger Marie Sunde said.
In January, two years ago, the police took action and searched the room of Johansen. Among other things they seized large portions of his computer equipment and the 18-year old's mobile telephone.
The computer community has displayed creat concern that the, then, 16-year old became the target of the Economic Police. This lead to lots of collections of funds for a possible litigation on behalf of the boy. Attorney Cato Schiotz became involved as Johansens defender, but the case was taken over by Terje Svendsen with Schiotz law firm.
- We would like to have gotten the investigation to end sooner, but it has taken lots of time now. There has been lots of data that needs analyzing and we have used that time with consideration to our resources, says Sunde.
Natural to try the DVD case
- It isn't a surprise that there is an indictment against Johansen under the Crime Law[?] paragraph 145. We thought we had a clear case with that law, but the High Court has created doubts. Thus it isn't strange that Economic Police wants to try the matter. It is not said that they want a conviction of Johansen, says a Law Professor, Jon Bing.
- So Johansen is used as a legal precedent?
- No, not like that. But it is an unclear situation and we want to be sure to get a resolution to it. The DVD case is a good case to try like that. It is not clear if what he has done is against the law, but I think it is proper to indict, says Bing to Nettavisen.
Economic Police has not sought indictment against John Johansen for breaching the Descructive[??] Law and it was expected from several parties, said Bing, unsurprisedly.
- No, I understand that well. If you open the door to a book store, you haven't distributed the books, said the law professor.
In the Law text which laid ground for the idnictment it says "He who knows to break a protective device or by similar means knowingly obtains access to data or program equipment, stored or electronically transferred, or by other technical means. Causes damage by authoring[?] or use of similar knowledge, or breach by personal gains, can be imprisoned for up to 2 years. Accomplices are punished by similar means."
Long wait
Svendsen has previously said that the investigation has been a burden for the young man who was barely 16 years old when he became the suspect for the Economic Police.
District Attorney Inger marie Sunde has for the past two years spoken to the press that the matter will soon reach conclusion. But no sooner than Thursday, Jan 10, almost two years to the day after Johansen was arrested, the Economic Police made public that they will seek indictment against him.
The Criminal Law that Johansen is indicted under, has previously been tried twice in the Norwegian Justice System. That time it was about descrambling TV-channels from cable TV. The High Court concluded that time that the law could not be used to punish unlawful access to TV and radio signals.
Economic Police says that because of the fact that one can't tell different types of data apart and this is because the law can be used to convict Johansen.
- Data is data, Sunde said.
The District Attorney says to Nettavisen that the indictment now is ready to be submitted to the court. That means the case against Jon Johansen probably will be tried during this year.
ya know... (Score:3, Interesting)
YES, I understand it is not legal, but that is not the issue. What is law and what is moral is always in a struggle.
More translations and other fun opinions :-) (Score:3, Insightful)
In another article at dagbladet.no [dagbladet.no] there's a quote from "Økokrim" (which is handling the prosecution).
which may indicate what someone else hinted; that they want a clearification of the law. To quote the indictment (if i got that one right.
I'd think to get an conviction in this case, they'll have to prove the fact that he produced (as he said it himself) the GUI for the program - and that this in fact has caused a loss for the movie-industry.
There's a also a quote in the same article from "Jon Bing", which is one of the better known sci-fi writers (well, we really dont have that many) and computer-philosophers in Norway, where he's wondering if they really have anything to convict Jon by. We'll see.
As others also has pointed out, the norwegian "Økokrim" has had several examples of bad judgement the last week, especially the part of making anonymous email illegal, since they discovered that childpr0nrings has been using this as an method. [irony] I'd also suggest making photographic film illegal, since this is what makes it possible. In addition i'd render all sorts of digital cameras unlawful
Hopefully they'll come to common sense and "discover" that he's not guilty. At least not according to the law he's being charged with.
Well, duh.. (Score:2, Funny)
Buy the right to copy? (Score:5, Informative)
"When you buy the disc, you buy the rights to play the movie, not to copy it"
Curious because its technically correct, I'm not paying them a dime for the right to copy it, its already a right that I have. Its called "Fair Use".
DeCSS vs Speed Ripper (Score:1)
A fairly "unknown" group previously known as Drink Or Die (RIP) released their "Speed Ripper" a few weeks before DeCSS but received much less media attention in comparison (certain other events changed that)
Related link:
The Truth [shakha.com]
Another English News Story (Score:3, Informative)
jon
Dagbladet Story (Leading Oslo Paper) (Score:2, Interesting)
http://www.dagbladet.no/nyheter/2002/01/10/3054
Helps in translating words & phrases are at:
http://www.freedict.com/onldict/nor.html
http://dictionaries.travlang.com/
http://home.online.no/~otjoerge/files/word.htm#
Where does it say what I can do!? (Score:2, Informative)
I am looking at the cover, and I can not see ANY mention of what I am allowed to do with the disc, or what I am not allowed to do with it, except notion that it can not be "reproduced, distributed or exibited".
What the hell are all these people talking about, when they say "you purchase right to view, blah, blah..."!? I don't see ANYWHERE mention of anything even remotely related to that.
btw: "Reproduction" would mean creating identical copy of a disc (medium). Why then decoding DVD content to hard disk is considered as 'reproduction'?
Remember Folks: (Score:2, Insightful)
outlaw video cameras, microphones and tv's too! (Score:1)
No matter how much effort is put into protecting consumer media it will always be a failure. If they copy protect all of the cds that I buy I could always just play it on a approved cd player and set up a microphone. What they do with software or hardware can always be done with the same technology.
Copy protect my vinyl bitch. Mmm analog fucking kicks ass.
peace,
adam
Inger Marie Sunde (Score:1)
Her phone number : (+47) 67590450
BBC just changed their story (Score:2)
Re:I'm not a troll... (Score:1)
If you have no news, you have to put something there, or you'd have
Also, there is a group of people on
Question- what kind of stuff would you like to see?
As for this story, as I stated above, the governments of this world are really ratcheting up the vice-grips of content protection. At this rate, it will be illegal for you to even watch a DVD you bought because you are decoding the damn thing! (Ok, that's a bit over the top.)
Re:The root of the problem is Right Here(tm) (Score:2)
I shall take that as a compliment. Thank you for your kind words.
Re:The root of the problem is Right Here(tm) (Score:1)
The price of freedom is eternal vigilance?
Re:The the problem is in "The Man's" yard(tm) (Score:5, Interesting)
Slashdot is not encouraging illegal behavior, The US Federal Gov't is making illegal laws.
The simple fact of the matter is, that the Fed lacks the authority to further several corporation's interests at the expense of inalienable rights of its citizens. The DMCA violates the Free Expression, First Sale Doctrine, and Fair Use rights of the American people. None of those are rights granted by the law, they are simply given legal recognition.
If the First Amendment was repealed tomorrow, Americans wouldn't lose their right to free expression, their right to free expression would simply lose legal recognition. The Right to Free Speech was never given by the Federal Government, and isn't the Federal Government's to take away.
All that making DeCSS illegal does is make it so you can't legally watch a DVD on any software or hardware that the creator of didn't pay a $100,000 minimum license fee to the MPAA.
To **COPY** and **PIRATE** a DVD, you just duplicate it bit-by-bit. You **DO NOT** use DeCSS to decrypt it first, or it will not even work on many DVD players.
Now, would you please explain what evil behavior the Slashdot community is tolerating here? If I go into DVD-World and buy six movies where does the MPAA get the right to tell me what I can watch them on?
Civil liberties aren't priviledges that are granted and taken away from bad little boys and bad little girls a the whim of big brother. They are your beating heart in your chest, ripped, still beating, from it by murderous tyrants.
Re:The root of the problem is Right Here(tm) (Score:2, Interesting)
(Damn, this troll pushes just the right buttons.) Fighting usage restrictions (CSS, eBook protection, etc) is not in the same moral domain as pirating stuff with Gnutella/Napster/etc!
It is only through a hideously twisted set of values (and laws), that wanting to play/read/quotefrom a DVD or eBook, is somehow akin to empathizing with criminals. You're right that we're producing criminals, but the way we're producing criminals is that we're passing legislation that makes morally upstanding acts become illegal.
Re:The root of the problem is Right Here(tm) (Score:1)
I think Ken Thompson understands this difference, even if you don't.
"If ye love wealth better than liberty, the tranquility of servitude than the animating contest of freedom -- go from us in peace.
-- Samuel Adams
Re:English translation of the paragraph used (Score:1)
That means he himself did not violate any of the paragrafs here. Exept maybe part 4 (Aid), but even that is out on a ledge here. Hi didn't aid in the process of making DeCSS he only made it easier to use......
And still there is the point of interoperability, that could make the above paragraf invalid. ( there's a lot of conflicting laws in this area, and I think that's why they have taken so long to make a decission on wheter or not to proceed.)
Basicly the "construction" of DeCSS could be illegal but not nesecarily the use of it, as you are allowed to make your own backups of any media you purchase. That's why they don't use the copyright laws in this case.
It's going to be interesting to see how this develops.