Aibo: Copyright Law and Technological Protection Measures

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Rimmer, Matthew (2001) Aibo: Copyright law and technological protection measures. Incite, December 2001. [Article]

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Copyright law and technological measures. Dr Matthew Rimmer, lecturer, Faculty of Law, the Australian National University T he new digital copyright laws intro lennium Act 1 998 (US). It alleged that the site duced in the United States and Australia provides the means to circumvent the copy have made it illegal to break or circum protection protocol of Sony's Aibo™ Memory vent any technological measures in respect of Stick™ to allow access to Sony Aibo-ware soft Kaye Lasserre, ph 07 3240 5350, [email protected] copyrighted works — such as encryption, ac ware. Third, Sony argued that the site promotes cess codes, and copy control protection. the distribution of original software such as • Feb 2002 Pathways to CPD. Li brary & information services strategic 'Disco Aibo', 'Aibo Scope', 'Bender Aibo', There have been a number of recent cases development Libraries in 2003. Part 2 which appear to have been created by copying dealing with the protection of technological — strategically positioning your library and decrypting Sony's software. for 2003 — Robert McEntyre & Asso measures and the ban on anti-circumvention ciates. DPI Auditorium. Contact: Sue devices. A number of United States motion The programmer sought to placate Sony Rigney, [email protected] pictures sued 2600 Magazine for hyper-linking with a number of arguments. He mentioned • Early Feb 2002 Quorum. Success their site to others where the DeCSS code that he merely provided backup copies of ful lobbying workshop. Venue, time (which is designed to decrypt DVD files) is Aibo-ware for the convenience of users. The and date to be advised. Contact: Kath stored. [Universal City Studios v Reimerdes, suggestion was that his conduct could be pro ryn Harding, kharding@start. com.au

111 F. Supp. 2d 294 at 305, 2000 U.S. Dist. tected under the defence of fair dealing. The • 12/2/2002 Qld Library Techni LEXIS 1 1696 (S D N Y 2000).] Ed Felton, a programmer acknowledged that he had cians. Storytelling for all ages. Venue professor of Computing Science in Princeton, needed to break Sony's encryption to be able and time: to be advised. Contact: Mari sought a declaration from the courts that he to create the software. However, he stressed an Moyle, ph 07 3244 6446, could legally publish an academic paper on that he had constructed the programs so that [email protected] how to circumvent the Secure Digital Music users would not break Sony's copy protection. • End of Feb 2002. Pathways to CPD. 2001 Goodwill Games: From go Initiative Code. [See the archives on the Elec Thus an Aibo Life Memory Stick acquired to whoa: the information lifecycle in ac tronic Frontier Foundation w ebsite: http:// through Sony was needed to run AiboLife tion. Guest speaker: Jenny Hale, infor www.eff.org/Legal/Cases/Felten_v_RIAA/] The Plus. mation manager. Brisbane City Council Russian programmer Dimitri Skylarov was ar Theatrette, 5:30pm, $5.50. Contact: In response, Sony requested that the pro rested by the FBI for breaching the law regard Helen Laurelin, ph 07 3848 3908. grammer remove several programs from the ing anti-circumvention devices in respect of • 13/4/2002 Qld Library Techni site: 'Sony appreciates your enthusiasm for adobe e-books. [L Lessig, 'Jail time in the dig cians. M ystery Bus Tour. Venue and Aibo. Further, Sony is excited about the prolif ital age', The New York Times, 30 July 2001, time: to be advised. Contact: Marian eration of value added software for Aibo own http://www.eff.org/IP/DMCA/S_v_Sklyarov/; Moyle, ph 07 3244 6446, ers, but only when such software does not in [email protected] and http://www.freesklyarov.org/] And, the fringe Sony's rights. Sony would like to see New York Times has recently reported that SA your site continue its interest in Aibo; however Sony has sought to rely upon technological • 12/12 ALIA SA. General meeting. in order to enforce Sony's intellectual property m easures in relation to litigation over its ro Research Room, Bob Hawke Prime rights, we are requesting the removal of the botic dog, Aibo. [A Flarmon, 'Sony tightens Ministerial Library, City West Campus, following files from your site...'. The program University of South Australia, 5:30 for leash on its robotic dog', The New York Times, mer complied with this demand, and removed 5:45pm or unless otherwise indicated. 5 November 2001.] the offending files. Contact: Marion Fieike, ph 08 8384 Aibo the disco dog 0772, [email protected] Aibo owners have posted sympathy notes The Aibo robotic dog is an autonomous robot on the internet and several have called for the TAS that acts in response to external stimulation boycott of Sony. The owner of http://www. • 10/12 ALIA Tasmania. Christmas and its own judgement. It provides all the joys dinner cruise on the Regent Star, 6- dogsbodynet.com wrote: 'Now looking at my of puppy ownership without the need for a 8:30pm. Cost $26.00 per person, in Aibos I only see pathetic greed on the part of pooper scooper. Sony developed it as a robot cluding 4-course dinner, wine and soft Sony'. However, Sony was unrepentant. A drinks. Contact: Jane Jeppson, ph 03 capable of interacting and co-existing with spokesperson Mack Araki reiterated: 'We 6231 951 1, [email protected] people as a new form of robotic entertainment. need to carefully balance appreciating enthu • 1/3/2002 ALIA Tasmania. Sony has sold about 100 000 Aibos since siasts and protecting our copyright'. Statewide conference: Knowledge 1999 at prices ranging from $800 to $30 000. management: buzz word or reality? it also sells software for about $150 that adds Sony has also been at the forefront of liti Keynote speaker: Dr Gray Southon, personality quirks too the dog. gation over technological measures in Aus Honorary Research Associate, Universi tralia. In Kabushiki Kaisha Sony Computer En ty of Technology, Sydney. The Grange, A programmer known online as AiboPet tertainment v Steven s, the Sony Companies Campbell Town, 10-4pm. Cost: to be has been creating and distributing free soft brought an action against Eddie Stephens for advised. Contact: Jane Jeppson, ph 03 ware to enhance the capabilities of the Aibo 6231 9511, [email protected] breaking the access code in relation to a Sony robot dogs. playstation. [Kabushiki Kaisha Sony Computer VIC On 24 October 2001, Sony sent a letter to Entertainment v Steven s [2001] FCA 1379.] It 3/12 Kinetica web. Hands-on learn AiboPet charging that several files on his web alleged that the respondent infringed trade how to search the Kinetica database site, http://www.Aibohack.com, infringed the mark law and copyright law — including the and add holdings using the web inter face. 9:30-1 pm. CAVAL Collaborative company's copyright. First, Sony alleged that anti-circumvention provisions. The Australian Solutions, 4 Park Drive, Bundoora. the contents of the site contained Sony copy Competition and Consumer Commission Cost: $93.50 CAVAL/ALIA CPD mem righted software which the website owner was sought to be heard as an amicus curiae. The bers, $115.50 non-members. Contact: copying and distributing in violation of Sony's Federal Court granted this application. It is pos Eve Cornish, [email protected] rights. Second, Sony said that the programmer sible that the case will become an important violated the provisions relating to technologi test case of the meaning of technological meas cal measures under the Digital Copyright Mil- ures in Australia. ■ continued next page...

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