Happy Birthday (Oct 28, 1998) DMCA! DMCA: The good, the bad, the ugly?

Blogs, search engines, e-commerce sites, video and  Notice and take down for copyright infringement social-networking portals are thriving today thanks in  http://www.ivanhoffman.com/dmca.html large part to the notice-and-takedown regime ushered  http://www.chillingeffects.org/dmca512/faq.cgi in by the much-maligned copyright overhaul. A decade ago, when the DMCA was enacted, these  To submit a takedown notice, provide: innovations were unheard of, embryonic or not yet  Complainant: name, address, e-signature conceived. Now, Google has grown into one of the  Where are the infringing materials? Ref/link/id world's largest companies, and its video-sharing site  Statement: no legal basis for use of materials YouTube has left an enduring mark on public  Statement: act on behalf of copyright holder discourse. http://blog.wired.com/27bstroke6/2008/10/ten-years-later.html

CPS 82, Fall 2008 14.1 CPS 82, Fall 2008 14.2

DMCA and chilling effects Jon Lech Johansen

 Dmitry Sklyarov, Elcomsoft, 2001  DeCSS  Arrested? Conference?  How does DVD encryption work?  Ed Felten, SDMI, 2001  What is GPL issue with original code?  RIAA urges reconsideration  Brute force attack on 40-bit key beyond DeCSS  http://www.cs.princeton.edu/~prc/Parodies.html  Alex Halderman, Sony rootkit  Apple, iTunes, Fairplay, DRM  Digital Rights Management  Ben Edelman and CIPA (children’s  iPhone protection act)  Hacker Jon  Research, tools, distribution, “just sue”

CPS 82, Fall 2008 14.3 CPS 82, Fall 2008 14.4 P2P: origins and current state , copyright, law

 Shawn Fanning  Napster was centralized, file-sharing/p2p  Napster, 1998-99  Why was it centralized?  Under 20, , …  What did centralization mean? Where are files?  Centralized server  Rupture, EA $15 million  Napster started just after DMCA, court cases new  Justin Frankel  A&M Records, Inc. v. Napster, Inc.   , 98-99 Direct, contributory, vicarious infringement  What about Grokster? See http://www.grokster.com  Just 20, mp3, …   AOL, $50+ million Microsoft, RIAA, Mark Cuban, …  Unanimous Supreme court, but Universal v Sony 

CPS 82, Fall 2008 14.5 CPS 82, Fall 2008 14.6

Gnutella and distributed, p2p software Bittorrent

 Originally a software package, pulled by AOL  Started by Bram Cohen, http://bitconjurer.org  Protocol used in Limewire, 40% of p2p today?  Distributed p2p Soon to die? (Lawmeme)  Meta-data, torrent, tracker  All clients are equal, but some are more equal  You must cooperate to download than others, e.g., supernodes  20-30% of all Internet traffic  “Bad actors” can affect the network, an actor is a  Files are split up and downloaded in pieces client, e.g., Xolox in 2002, others today? “bandwidth-hog/bandit”  Advantages? Disadvantages?  Seeder, swarm, clients  Bittorrent, eDonkey, Kazaa, …  “optimistic unchoking” compared to tit-for-tat  Why do we have different protocols/programs?

CPS 82, Fall 2008 14.7 CPS 82, Fall 2008 14.8 Brian Fox Bittorrent meets DMCA and RIAA

 GNU Bash Shell (developer)  Indirect Swarm detection  Buddycast (co-developer)  In swarm? Liable “each person has a sweet spot — a  NAT, other IP address place where they are incredibly productive and at their happiest  “in-the-wild” experiment while doing so — okorians spend their lives living there — the okori  False positives sweet spot is the realization of the concept, the delivery of the  Direct harder impossible, from the germ of the  Man-in-the-middle idea to the instantiation of it”  No Encryption http://www.theokorigroup.com/sweet_spot

CPS 82, Fall 2008 14.9 CPS 82, Fall 2008 14.10