FC: Microsoft refuses to make DMCA claim against Xbox researcher

From: Declan McCullagh (declanat_private)
Date: Thu Aug 08 2002 - 12:18:02 PDT

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    [No DMCA threat, no problems with presenting, no chilling effect, not bad. 
    --Declan]
    
    ---
    
    To: presslistat_private
    From: Will Doherty <wildat_private>
    Subject: EFF: Paper Explains Flaw in Videogame Security System, Researcher 
    Escapes Chilling Effect of Digital Copyright Law
    :
    :
    
    Electronic Frontier Foundation Media Advisory
    
    For Immediate Release: Thursday, August 8, 2002
    
    
    Contact:
    
    Lee Tien
       Senior Staff Attorney
       Electronic Frontier Foundation
       tienat_private
       +1 415 436-9333 x102 (office), +1 510 501-8755 (cell)
    
    
    Paper Explains Flaw in Videogame Security System
    
    Researcher Escapes Chilling Effect of Digital Copyright Law
    
    San Francisco - The Electronic Frontier Foundation (EFF) is
    pleased to announce that former MIT doctoral student Andrew
    "Bunnie" Huang will present a paper explaining a security
    flaw in the Microsoft Xbox (TM) videogame system.
    
    Huang will present his paper, "Keeping Secrets in Hardware:
    the Microsoft X-BOX Case Study," at 5:25 p.m. PDT on
    August 13, 2002, at the 2002 Workshop on Cryptographic
    Hardware and Embedded Systems (CHES 2002) in Redwood
    City, California (Aug. 13-15, 2002).
    
    The Xbox security system is intended to allow people to
    play only videogames authorized by Microsoft.  Huang's
    paper "shows how a person could defeat that system with
    a small hardware investment," said MIT Professor Hal
    Abelson, one of Huang's advisors.  "More importantly, the
    paper relates the security vulnerability to a general
    design flaw shared by other high-profile security systems
    such as the government's Clipper Chip and the movie
    industry's Contents Scrambling System (CSS) for DVD
    players."
    
    Huang contacted EFF in March after his advisors told him
    that his preliminary findings raised potentially significant
    legal questions.  With the help of Boston College law
    professor Joe Liu, EFF worked with Huang, Abelson, and MIT
    administrators to analyze the legal issues and draft
    letters notifying Microsoft of Huang's research findings
    and intended publication, one of the steps encouraged by
    Digital Millennium Copyright Act (DMCA).
    
    Microsoft told Huang and Abelson that while it might prefer
    that the paper not be published, it would be inappropriate
    to ask MIT to withhold the paper.
    
    "Microsoft deserves praise for making no attempt to control
    publication," said Abelson. "Their response shows that
    they value academic freedom, and that they appreciate the
    critical role of unfettered research and publication in
    advancing technology."
    
    Other companies have reacted otherwise, using the DMCA
    to threaten researchers. The Recording Industry Association
    of America last year warned Princeton Professor Edward
    Felten after his research team exposed weaknesses in
    digital music security technologies. Last month, Hewlett
    Packard (HP) threatened research collective SnoSoft over
    exposing a security vulnerability in HP's Tru64 Unix
    operating system.  Soon after, HP clarified that it would
    not use the DMCA to stifle research or impede the flow of
    information that would improve computer security.
    
    Huang said that while he is glad he can openly present his
    paper, "The DMCA clearly had a chilling effect on my work.
    I was afraid to submit my research for peer review until
    after the EFF's efforts to clear potential legal
    restraints."
    
    "Researchers should be analyzing security, not worrying
    about getting sued," said EFF Senior Staff Attorney Lee
    Tien.
    
    For this release:
    http://www.eff.org/IP/DMCA/20020808_eff_bunnie_pr.html
    
    For Huang's paper:
    ftp://publications.ai.mit.edu/ai-publications/2002/AIM-2002-008.pdf
    
    For the CHES program:
    http://islab.oregonstate.edu/ches/program.html
    
    EFF "Unintended Consequences: Three Years Under the DMCA"
    report:
    http://www.eff.org/IP/DMCA/20020503_dmca_consequences.pdf
    
    RIAA sues Professor Edward Felten over SDMI:
    http://www.eff.org/Legal/Cases/Felten_v_RIAA/
    
    An article about Hewlett-Packard's threatening SnoSoft:
    http://www.wired.com/news/technology/0,1282,54297,00.html
    
    
    About EFF:
    
    The Electronic Frontier Foundation is the leading civil
    liberties organization working to protect rights in the
    digital world. Founded in 1990, EFF actively encourages and
    challenges industry and government to support free
    expression and privacy online. EFF is a member-supported
    organization and maintains one of the most-linked-to
    websites in the world at
    http://www.eff.org/
    
                                -end-
    
    
    
    
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