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John Lemke

Hackers charged with stealing Xbox, 'Call of Duty,' and US Army secrets worth over $100... - 0 views

  • Four hackers have been jointly charged with conspiracies to commit computer fraud, copyright infringement, wire fraud, mail fraud, identity theft, and theft of trade secrets. Individually, they have been charged with counts of aggravated identity theft, unauthorized computer access, copyright infringement, and wire fraud.
  • The defendants, aged between 18 and 28, are believed to have stolen more than $100 million in intellectual property and other proprietary data from the likes of Microsoft Corporation, Epic Games, Valve, and even the US Army. This includes pre-release versions of Gears of War 3 and Call of Duty: Modern Warfare 3, Apache helicopter simulation software developed for the US army, and information about the Xbox One console. Two of the suspects have pleaded guilty, one of which is 22-year old David Pokora. His plea represents what may be the first conviction of a foreign-based individual for hacking into US businesses to steal trade secret information.
  • 18-count superseding indictment
John Lemke

Rep. Goodlatte Slips Secret Change Into Phone Unlocking Bill That Opens The DMCA Up For... - 0 views

  • Because of section 1201 of the DMCA, the "anti-circumvention" provision, companies have been abusing copyright law to block all sorts of actions that are totally unrelated to copyright. That's because 1201 makes it illegal to circumvent basically any "technological protection measures." The intent of the copyright maximalists was to use this section to stop people from breaking DRM. However, other companies soon distorted the language to argue that it could be used to block certain actions totally unrelated to copyright law -- such as unlocking garage doors, ink jet cartridges, gaming accessories... and phones
  • Separately, every three years, the Librarian of Congress gets to announce "exemptions" to section 1201 where it feels that things are being locked up that shouldn't be. Back in 2006, one of these exemptions involved mobile phone unlocking.
  • Every three years this exemption was modified a bit, but in 2012, for unexplained reasons, the Librarian of Congress dropped that exemption entirely, meaning that starting in late January of 2013, it was possible to interpret the DMCA to mean that phone unlocking was illegal. In response to this there was a major White House petition -- which got over 100,000 signatures, leading the White House to announce (just weeks later) that it thought unlocking should be legal -- though, oddly, it seemed to place the issue with the FCC to fix, rather than recognizing the problem was with current copyright law.
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  • While this gives Goodlatte and other maximalists some sort of plausible deniability that this bill is making no statement one way or the other on bulk unlocking, it certainly very strongly implies that Congress believes bulk unlocking is, in fact, still illegal. And that's massively problematic on any number of levels, in part suggesting that the unlocker's motives in unlocking has an impact on the determination under Section 1201 as to whether or not it's legal. And that's an entirely subjective distinction when a bill seems to assume motives, which makes an already problematic Section 1201 much more problematic. Without that clause, this seemed like a bill that was making it clear that you can't use the DMCA to interfere with an issue that is clearly unrelated to copyright, such as phone unlocking. But with this clause, it suggests that perhaps the DMCA's anti-circumvention clause can be used for entirely non-copyright issues if someone doesn't like the "motive" behind the unlocker.
  • Unfortunately, the bill was deemed so uncontroversial that it's been listed on the suspension calendar of the House, which is where non-controversial bills are put to ensure quick passage. That means that, not only did Goodlatte slip in a significant change to this bill that impacts the entire meaning and intent of the bill long after it went through the committee process (and without informing anyone about it), but he also got it put on the list of non-controversial bills to try to have it slip through without anyone even noticing.
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