Posts by Clarke
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If I was a malware "vendor", here's how I'd hack the legislation.
1. Set up a legitimate New Zealand company, ostensibly with the goal of music distribution. (For extra laughs, I'd even become a member of RIANZ.)
2. Put out a free music CD, given away on street corners by itinerant backpackers. Said CD contains some public-domain music plus a malware installer that has a basic copy-protection function.
3. Make sure the malware has a "security hole" or similar design defect that allows infected PCs to be turned into spam zombies.
4. My nefarious business partner overseas then exploits the PCs via the security hole and sells their services to all those fabulous companies promoting fake Viagra, crappy watches, bad stocks and the like.
5. When the story breaks about the malware infection, point out that you're a legitimate NZ business trying to make headway in the fiercely competitive music business, that your software is not perfect (and therefore may contain defects), and that you have no relationship with nefarious people overseas who unfairly exploit the security holes.
6. Make a point of the fact that your software falls under the TPM provisions of the shiny new Cpoyright Act, and you will lodge criminal proceedings against anyone who tries to circumvent your software.
7. When Symantec and McAfee and Microsoft target your software, complain to the police and aim to get their local CEOs jailed for their criminal activities. For extra laughs, join the local chapter of the Business Software Alliance to "help raise the ethical standards in the software industry".As far as I can tell from the Bill, there are no legal obstacles at all to this scenario. In fact, one of the primary outcomes of this Bill is that these business models become possible.
Thanks to our MPs, the Age Of Malware is about to begin in New Zealand.
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So after wading my way through the Bill, here's how it seems to work with regard to TPMs: (disclaimer: IANAL)
Scenario: I buy a CD, and it has the SonyBMG rootkit on it. If I stick it in my PC it won't allow me to copy the music to my iPod.
Step 1: Under the new Bill, copying music to the one iPod I own is a Permitted Act, so in theory I'm allowed to do this (albeit I can't do it for commercial gain - which is fair enough). However the TPM restricts me from engaging in the Permitted Act.
Step 2: Under s226E(a) I can "apply to the copyright owner or the exclusive licensee for assistance enabling the user to exercise the Permitted Act". I can just see the letter from SonyBMG now - we refuse to help, go buy another copy of your entire music library from iTunes to play on your iPod.
Step 3: Under s226E(b) I can then "engage a qualified person to exercise the Permitted Act on the users behalf ... but only if the copyright owner or the exclusive licensee has refused the user's request for assistance or failed to respond to it within a reasonable time." Note - reasonable time is not defined. Think .. I dunno .... years?
So far, so good. If SonyBMG tell me to clear off, I can go and get one of these qualified persons to crack the DRM for me. And under the Bill, these people are:
- A prescribed library
- A prescribed archive
- An educational institutionSo there I am with my shiny new CD in my hand, trying to explain to the receptionist at the National Library (or maybe Archives NZ) how it would be really helpful if they could just clean the TPM off for me, 'cos they're the only people who can legally do this ....
Take a wild guess what their response will be.
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I was wrong. It's five years in prison, not three.
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So the Bill came up for its first reading in the House on Wednesday, and every single damn MP in the House (except for the Greens) voted for the stupid thing.
I think it's amazing that every comment in this thread can be opposed to both the principles and the implementation of this Bill, yet MPs blithely vote against the interests of both their constituents and the country.
And remember - this Bill will actually legalize spyware. When SonyBMG want to include the XCP or MediaMax rootkits on audio CDs sold in this country, they will have the full protection of the law in doing so. And even better, if you try and remove the spyware from your computer, you're on the hook for "circumventing the TPM" to the tune of a $150,000 fine and/or 3 years in jail.
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If you're wanting to lobby MPs, Judith Tizard is your best bet as she's Minister of Commerce and this is her balliwick (and her Ministry that's producing the advice.)
The key issue with the legislation as proposed is that whatever bone we get thrown over format shifting will be completely trumped by the TPM provisions. In other words, the nastier bits of the music and movie cartels don't give a toss about what the new law will allow in Fair Use, because they can simply prevent us doing anything with the content via a TPM.
If this legislation passes in its current form, the effect will be the recording industry and the movie studios suing Kiwis for allegedly "stealing" their content - just like in the US.
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larryq wrote:
2. NZ is such a small place. It's naive to think that such things can be kept hidden.
Entirely true. So one wonders at the weapons-grade stupidity of the National Party strategists who thought that attacking Labour over corruption and credibility was somehow going to work when Brash's mis-steps were hanging over them.
Seriously, did these people not have the faintest clue that an insider was funneling information to Nicky Hager over a long period of time? If Hager was being sent e-mails in electronic form, the record will be there as clear as day in the National Party e-mail server logs. Or do they not check the security of their own systems?
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The entire Kiwiblog thread is a delight ... DPF's misty-eyed view of Brash, and james.c's counterpoint:
An ode to Mr Burns, by Smithers.
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The striking thing about the commentary around the blogosphere is how un-upset the world seems about Brash's departure. It seems even the effort of mustering crocodile tears is too much.
And I think that Key at least has a chance of being a forward-looking leader. Brash's problem is that he was too much of an economic and political dinosaur - he's the last relic of the Douglas/Richardson era. It's time we put rationalism-at-all-costs economics and divisive posturing behind us. Key at least opens up the opportunity for this to happen.
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The Australian approach to copyright is astoundingly stupid. All it will do is criminalise the vast majority of the population - which seems one of the more pointless exercises politicians can indulge in.
Do they seriously think they will start locking up voters for the "crime" of ripping their CDs onto their iPods? And if the answer is "of course not!", then why are they even considering the legislation? Are they really that stupid?
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in the words of brian,
enough is enough!Yes, but the only reason Brian uses that particular phrase is that (a) there are only three words for his spectacularly dim supporters to remember, and (b) two of them are the same, making point (a) just that teensy bit easier.