[free-sklyarov] DMCA + Code Red

[Jon O .]

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Subject: RE: [tm] code red worm (& DMCA)
In-Reply-To: <F18B41D368A9D211A4AB0008C756255B0145A71E at ntprn00.trintech.com>
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Reply-To: tm at research.suspicious.org

> Awesome point.  I wonder if the code-red author could sue eEye for
> circumventing it's copyright protection mechanisms?  It would be worth the
> legal fees just to prove the stupidity of this law.
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hmmm.... that would make an intersting legal defense, from this point
forward, whenever a "hacker" is arrested for a worm or virus.....

i'm sure no-one will raise their hand and volunteer to be a plaintiff in
this [code-red] case, but if (when) someone is thrown (unwillingly) into
the legal arena, for something similar, this would be a neat little
counter-suit.

i would guess that it would help greatly (not to mention what type of p.r.
would be generated) if the  worm were to declare itself a copyrighted
work, and inform the would-be cracker that any attempt to "interfere with
the intent of it's creator" will be a violation of the DMCA, and
international treaty... then go on to say, "any person attempting to
defeat the protection method used by this worm will be subject to
prosecution and imprissonment."

maybe point out in the notice that no legal exception is recognized for
research or law-enforcement purposes.

hmmm.... that'd even make a good worm even if that was the only
payload....
(if someone runs with this idea, make sure the notice is approved by a
team of legal experts, otherwise if it's reported in the press, they'll
only mention the one thing that was not 100% legally accurate, and then
have some MPAA laywer talk about the "mis-informed hackers don't
understand the law")