FC: Niels Ferguson on DMCA, Intel, and breaking digital video scheme

From: Declan McCullagh (declanat_private)
Date: Sat Aug 18 2001 - 09:59:32 PDT

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    Previous Politech message:
    http://www.politechbot.com/p-02401.html
    
    BTW I'm told by someone in the know that HDCP uses just 56-bit keys 
    (http://www.politechbot.com/p-02393.html) because of hardware constraints.
    
    -Declan
    
    *******
    
    Date: Thu, 16 Aug 2001 22:41:50 +0200
    To: "Trei, Peter" <ptreiat_private>,
             "'declanat_private'" <declanat_private>
    From: Niels Ferguson <nielsat_private>
    Subject: RE: More on DMCA and Dutch crypto whiz breaking Intel dig-vid
       scheme
    
    I'm pleased that Intel has stated that they do not object to me publishing
    my HDCP paper. Apart from the DoJ, the movie industry could also sue me
    because they are the copyright holders that will be 'harmed' by me
    exercising my free speech rights.
    
    Regards,
    
    Niels
    
    At 16:12 16/08/01 -0400, Trei, Peter wrote:
     >Declan:
     >
     >IANAL (don't you just hate having to put that in all the time), but I
     >think there is a reasonable interpretation which is a little kinder
     >towards Intel than Kettman's article seems to be.
     >
     >Sklyarov is being prosecuted under *criminal* provisions of the DMCA.
     >This does not require a complaint from a person claiming they were
     >wronged - all it requires is an ambitious prosecutor. Note that Sklyarov
     >is still in trouble even though Adobe has withdrawn it's complaint under
     >public pressure.
     >
     >Even if Intel, with complete and total sincerity, promised not to sue
     >Ferguson, and said so in a legally binding agreement, that would not
     >necessarily keep him out of trouble, since the DOJ may decide to
     >prosecute him anyway.
     >
     >Intel's remarks seem to be making this point; it's not Intel that's the
     >bad guy here; it's a government which passes unconstitutional laws
     >which chill speech and supress research.
     >
     >[I note the use of the phrase "we'd have no control of what other
     >> government authorities would decide" Does this mean (a) a
     >poorly worded statement, (b) that Intel now regards itself as
     >a 'government authority', or (c) that the government is
     >now a subsiduary of Intel? ]
     >
     >Peter Trei
     >----------------------------
    
    *********
    
    Date: Thu, 16 Aug 2001 17:21:01 -0400
    To: declanat_private, politechat_private
    From: "R. A. Hettinga" <rahat_private>
    Subject: Re: FC: More on DMCA and Dutch crypto whiz breaking Intel dig-vid
        scheme
    Cc: nielsat_private
    
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    At 3:10 PM -0400 on 8/16/01, Declan McCullagh forwarded a quote from
    Intel:
    
    
     > "Even if Intel entered into an agreement (not to
     >>sue), we'd have no control of what other government authorities
     >>would  decide. It's hard for us to tell what the legal
     >>ramifications (were of  publishing)."
    
    And thus, boys and girls, Intel transfer-prices the actual *control*
    of their "property rights" to their friendly local force-monopoly,
    because they can't control their "property" themselves.
    
    As Milton Freidman liked to say, regulations invariably benefit the
    regulated, and almost certainly never the consumer.
    
    
    It's simple force-monopoly economics, really. At some point point in
    the calculus, blood equals treasure.  You pay the bandit-designated
    technology monopolist money now, or you pay the bandit himself, in
    blood, later. It was ever thus, back unto the days of the sale of
    indulgences -- and the inquisition that ultimately followed the
    repudiation of those transactions.
    
    The very kind of thing that created the modern Dutch nation, if I
    recall the expulsion of the Spanish from Holland correctly.  A
    splendid irony, that is, I think.
    
    
    The only way to win at this game is to create a new game, and that,
    of course, is what technological progress, financial or otherwise,
    :-), is for: to make more new stuff, increasingly cheaper, as time
    goes on.
    
    Put more succinctly, until we figure out a way to sell innovation
    without law, we're going to be cursed with the legal restriction of
    innovation.
    
    Substitute "religion" for "law" in that sentence, and you'll see that
    the problem is completely soluble, just as it was solved in the past,
    with technological -- and scientific -- progress. The gospel
    according to Gallileo, if you will.
    
    More important, the problem we're having with DMCA, and other legal
    control  intellectual "property rights" -- actually software, if you
    define software as anything which can be copied -- means that the
    technology *is* winning.
    
    Remember, the inquisition was exactly the Church's backlash to the
    nation-state's ability to create *national* religions -- or,
    ultimately, to defend the establishment of *no* national religion
    whatsoever, which is what prevails, for the most part, in the
    political world today.
    
    
    One expects that the ability of politics to command force will, at
    the end of all this, go the way of the ability of a single
    developed-world religious denomination to command any force at all.
    Still dangerously possible at the margin, at virtually the individual
    level, but increasingly less possible in the overall scheme of the
    universe.
    
    (Yes, totalitarian political groups, communism, fascism, or any
    other, operate, functionally, as religions, and, yes, there are many
    explicitly theocratic states out there, violent and otherwise, and
    certainly many tribal/religious groups aspire to their own
    nationhood, but that just makes the problem more, shall we say,
    interesting, if they don't actually prove the rule.)
    
    
    Anyway, let's hope significantly more treasure than blood is expended
    on this particular turn of the wheel of progress.
    
    It would make sense, though politics, like religion, and unlike
    science and technology, is rarely about sense.
    
    Cheers,
    RAH
    
    
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    *********
    
    From: "Thomas Leavitt" <thomasleavittat_private>
    To: declanat_private
    Subject: Re: FC: Dutch crypto whiz broke dig-vid scheme -- but won't publish?
    Date: Tue, 14 Aug 2001 16:10:41 -0700
    
    Declan,
    
    I'll qualify this by saying I'm not an engineer, but at some point, some 
    kind of electrical signal needs to be delivered to the individual pixels on 
    the display - it shouldn't be that far beyond the ability of your average 
    EE to arrange to intercept or evesdrop on those signals, and then 
    reconstruct the picture from there... this would seem to me to be an easier 
    task, and from there, creating a box that will digitize the resulting 
    signals and record them (to a PC for example) should not be that difficult.
    
    This would seem to be more simple than recovering the master key... 
    although that obviously has more signicant effects.
    
    I've got to wonder why they didn't just crank up the number of bits in the 
    encryption to make the system more secure from brute force attacks.
    
    As for a Dutch researcher not publishing his results because of a U.S. law, 
    I don't understand how this would be an issue, except if (reasonably 
    enough) he expects to need to travel to the U.S. on business or pleasure at 
    some point.
    
    Regards,
    Thomas Leavitt
    
    *********
    
    From: "John Reis III" <jreis3at_private>
    To: <declanat_private>
    Subject: RE: Dutch crypto whiz broke dig-vid scheme -- but won't publish?
    Date: Tue, 14 Aug 2001 17:27:19 -0500
    
    
    I have mirrored the file for public use at:
    
    http://www.Featured.ws/home/dvi_10.pdf
    
    John
    
    *********
    
    
    
    
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