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 From : Sergey Lentsov                       2:4615/71.10   07 Mar 2002  17:14:39
 To : All
 Subject : URL: http://www.lwn.net/2002/0307/
 -------------------------------------------------------------------------------- 
 

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    - [20]2001 Timeline
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    - [22]OLS 2001
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    - [24]Kernel Summit
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    - [26]djbdns
 
    Here is the [27]permanent site for this page.
 
    See also: [28]last week's LWN.
 
 Leading items and editorials
 
    Elcomsoft and the independence of Cyberspace. Remember John Perry
    Barlow's [29]A Declaration of the Independence of Cyberspace? Back in
    the mid-90's, the Declaration struck a responsive chord with phrases
    like:
 
      We have no elected government, nor are we likely to have one, so I
      address you with no greater authority than that with which liberty
      itself always speaks. I declare the global social space we are
      building to be naturally independent of the tyrannies you seek to
      impose on us. You have no moral right to rule us nor do you possess
      any methods of enforcement we have true reason to fear.
 
    These strong words have taken on a dated feel for some time as the
    world evolved and governments proved unwilling to give up their
    "tyrannies" so easily. One would think that the Elcomsoft case would
    have been one of the final nails in the Declaration's coffin. After
    all, Dmitry Sklyarov certainly discovered that there were "methods of
    enforcement" worthy of fear. 25 years in jail is a potent threat.
 
    So it is more than interesting to see that Elcomsoft, in the
    preliminary stages of its trial for violating the DMCA, is taking an
    approach that is seemingly inspired by Barlow's Declaration. Consider
    [30]this Wired News article, which contains a preliminary hearing
    quote from Elcomsoft attorney Joseph Burton:
 
      Burton said that the Internet is an international, "ambient" realm,
      meaning that it is "everywhere and nowhere" and that it "transcends
      the idea of being only physical." Therefore, he said, conduct that
      occurs on the Internet is "extraterritorial" of U.S. laws,
      specifically the Digital Millennium Copyright Act, the 1998 law
      that Elcomsoft is charged with violating.
 
    Wouldn't it be nice if this view were upheld by the court? Perhaps
    even more than the net as a whole, the free software community likes
    to see itself as independent of country, company, or location. Where,
    exactly, was the Linux kernel developed? Who owns KDE? Whose laws
    govern Gnutella? Wouldn't it be nice if free software, by virtue of
    its "extraterritorial" nature, could be free of the increasing number
    of ill-advised and truly obnoxious laws being passed worldwide?
 
    Meanwhile, back on Earth, things just aren't going to happen that way.
    It is a rare government that will willingly give up its coercive power
    over anything - much less anything as fundamental and important as the
    net. Elcomsoft has also not helped its case by selling the Advanced
    eBook Processor via a server in Chicago. That bit of U.S. presence may
    well prove enough to allow the court to ignore much of Elcomsoft's
    motion to dismiss.
 
    And that is unfortunate, because the jurisdiction issue really does
    matter. The U.S. would like to export its laws worldwide, and some of
    those laws are repressive in a big way. Dmitry Sklyarov or Johan
    Johansen should be able to write code in their home countries without
    fearing U.S. laws. Kernel hackers should be able to document security
    fixes without risking a stay in the U.S. prison system. American
    citizens, who have no desire to be bound by Chinese, Iranian, French,
    or even Canadian laws have no right to impose their legal code on
    conduct that occurs elsewhere. One can only hope that a U.S. court
    will eventually come to that conclusion; unfortunately, the Elcomsoft
    case appears unlikely to be the one that brings such a ruling about.
 
    No GPL test case, for now. MySQL AB certainly does not believe that
    software companies are beyond the reach of U.S. copyright law. The
    company traveled across the ocean from Sweden in an attempt to obtain
    a couple of injunctions against NuSphere. The company's first
    argument, based on trademark law, was successful. But MySQL AB's
    attempt to deprive NuSphere of its right to distribute MySQL as a
    result of past GPL violations was not. Is this a defeat for the GPL?
 
    The truth is that there has been no ruling on the GPL at all. MySQL AB
    was seeking a preliminary injunction which would take place before the
    real trial. Since the trial itself has not yet happened, the standards
    for preliminary injunctions are high: the party requesting the
    injunction must demonstrate that it will suffer immediate and
    irreparable harm if the injunction is not granted. MySQL AB was not
    able to convince the judge that this harm would happen, so no
    injunction was issued for now. The issue will probably be revisited
    when the full trial begins.
 
    See also: [31]the FSF's press release on the results of the
    preliminary hearing.
 
    Digital rights management - on both sides of the Atlantic. The Senate
    hearing on digital rights management took place on February 28 - just
    as the previous LWN.net Weekly Edition hit the net. The reports from
    that hearing are not good. It was a showcase for the U.S. motion
    picture industry, which was able to press forward its agenda without
    any real discussion.
 
    As an example of the level of the debate that took place in that room,
    see [32]Mike Godwin's report:
 
      Consumer and civil-liberties groups were not represented on the
      witness list, but they were in the room, as were representatives of
      many companies that would be affected by schemes like the one that
      might be mandated by Senator Hollings. Most audience members were
      visibly amused or distressed when [Disney CEO] Eisner confessed
      that the only reason he could think of for Michael Dell not to
      build in ubiquitous copyright-policing functions in his products
      was that Dell wants to sell his products to infringers.
 
    The situation was bad enough that Intel VP Leslie Vadasz felt the need
    to send out [33]an open letter to Senator Hollings clarifying Intel's
    position:
 
      What the content community fails to recognize is that these
      utilities - the ability to copy content, remix and manage it and
      port it to other storage media for personal use in a protected
      fashion - are features that consumers have come to expect. The
      ability to rip, mix and burn in a protected manner is not piracy,
      it is simply fair use of content as permitted by law.
 
    It is nice to see Intel standing up for fair use, at least, but one
    should not be too encouraged. Intel is happy to work on digital rights
    management schemes; the company would just rather do it without the
    threat of MPAA-written legislation.
 
    Those who see this kind of stuff as a uniquely American sort of
    craziness would be well advised to not be too complacent. [34]This
    Politech posting describes a meeting of a European Commission working
    group on digital rights management systems. Enthusiasm for such
    systems runs high there as well, and the composition of the people
    invited to the debate is not much different.
 
    Also available is [35]this working paper (in PDF format) describing
    the EC's approach to digital rights management. It starts by listing
    all of the usual problems associated with DRM systems: vulnerability,
    ease of use, fair use, privacy, etc. But, no matter:
 
      The Commission Services should continue to encourage all players to
      develop operational, open, and interoperable DRM solutions and to
      deploy them rapidly.
 
    And how is this encouragement to happen? Among other things:
 
      Legal safeguards are essential to support technological measures
      and protect them against unlawful circumvention and these are
      already in place.
 
    This, of course, sounds very SSSCA-like.
 
    The problem is that free software is seen by many of these people as a
    sort of circumvention device. Systems with freely available source can
    not be relied upon to enforce other peoples' claimed digital rights.
    As SSSCA-like laws begin to be passed, the legal climate for free
    software - regardless if it is used for "unlawful circumvention," is
    going to get uglier.
 
    A new home for LWN.net. Some of you may have noticed a bit of
    weirdness on the site last Friday. That was a result of the cutover to
    our new server, which has been kindly provided for us by the people at
    [36]Rackspace. It's a nice box; many thanks to Rackspace for helping
    LWN stay on the net!
 
    The return of banners. Occasionally over the last few weeks we have
    gotten an inquiry from a concerned reader about the lack of banner ads
    on the site. We certainly do not wish to ignore requests from our
    readers, so we are pleased to announce that banners will shortly be
    returning to LWN.net. We have a couple of advertisers signed up, and
    can only assume (and hope) that more are on their way. With luck,
    we'll be able to run more interesting banners than have been seen on
    this site in the past.
 
    A couple of relevant things:
      * Since the beginning, we've wanted to run banners for development
        projects and other community-oriented sites. Now, at last, we will
        be able to do that. If you run a community site and would like to
        drop a banner into our rotation, please drop a note to
        [37]banners@lwn.net and we'll get you set up.
      * We are, with a certain amount of urgency, looking for more
        advertisers. If you have a company that would benefit from
        exposure to LWN.net's audience, please contact us at
        [38]sales@lwn.net.
 
    Now back to our regular programming...
 
    Inside this LWN.net weekly edition:
      * [39]Security: PHP file upload; Apache mod_ssl; several new
        resources
      * [40]Kernel: IDE "cleanups"; BitKeeper protest; Delayed block
        allocation.
      * [41]Distributions: Linux From Scratch; LFSMake; LRs-Linux.
      * [42]Development: Web 100 alpha, new jack API, Sun opens Abicheck,
        spam filters, WaveSurfer 1.3, Sketch 0.6.13, Open64 0.14, GCL
        2.28, Perl 5.7.3, Ruby 1.6.7.
      * [43]Commerce: Software Patents: France Accuses EC of Misleading
        e.Europe; AMD announces Linux support for the x86-64.
      * [44]Letters: StarOffice; cruft; Microsoft and the GPL.
 
    ...plus the usual array of reports, updates, and announcements.
 
    This Week's LWN was brought to you by:
      * [45]Jonathan Corbet, Executive Editor
 
    March 7, 2002
                                                        [46]Next: Security
 
    [47]Eklektix, Inc. Linux powered! Copyright Л 2002 [48]Eklektix, Inc.,
    all rights reserved
    Linux (R) is a registered trademark of Linus Torvalds
 
 References
 
    1. http://lwn.net/
    2. http://oasis.lwn.net/oasisc.php?s=2&w=468&h=60
    3. http://lwn.net/2002/0307/security.php3
    4. http://lwn.net/2002/0307/kernel.php3
    5. http://lwn.net/2002/0307/dists.php3
    6. http://lwn.net/2002/0307/devel.php3
    7. http://lwn.net/2002/0307/commerce.php3
    8. http://lwn.net/2002/0307/press.php3
    9. http://lwn.net/2002/0307/announce.php3
   10. http://lwn.net/2002/0307/letters.php3
   11. http://lwn.net//2002/0307/bigpage.php3
   12. http://lwn.net/daily/
   13. http://linuxcalendar.com/
   14. http://lwn.net/stocks/
   15. http://lwn.net/Reviews/
   16. http://lwn.net/Gallery/
   17. http://lwn.net/archives/
   18. http://lwn.net/op/headlines.phtml
   19. http://lwn.net/op/Contact.html
   20. http://lwn.net/2001/features/Timeline/
   21. http://lwn.net/2001/features/oreilly2001/
   22. http://lwn.net/2001/features/OLS/
   23. http://lwn.net/2001/features/MandrakeSoft.php3
   24. http://lwn.net/2001/features/KernelSummit/
   25. http://lwn.net/2001/features/Singapore
   26. http://lwn.net/2001/features/djbdns.php3
   27. http://lwn.net/2002/0307/
   28. http://lwn.net/2002/0228/
   29. http://www.eff.org/~barlow/Declaration-Final.html
   30. http://www.wired.com/news/politics/0,1283,50832,00.html
   31. http://lwn.net/2002/0307/a/saris-mysql.php3
   32. http://lwn.net/2002/0307/a/godwin-sssca.php3
   33. http://lwn.net/2002/0307/a/vadasz.php3
   34. http://lwn.net/2002/0307/a/europe-sssca.php3
   35. http://lwn.net//2002/0307/ec-drm.pdf
   36. http://www.rackspace.com/
   37. mailto:banners@lwn.net
   38. mailto:sales@lwn.net
   39. http://lwn.net/2002/0307/security.php3
   40. http://lwn.net/2002/0307/kernel.php3
   41. http://lwn.net/2002/0307/dists.php3
   42. http://lwn.net/2002/0307/devel.php3
   43. http://lwn.net/2002/0307/commerce.php3
   44. http://lwn.net/2002/0307/letters.php3
   45. mailto:lwn@lwn.net
   46. http://lwn.net/2002/0307/security.php3
   47. http://www.eklektix.com/
   48. http://www.eklektix.com/
 
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