[Cdn-DMCA] On the Sklyarov case

Alan DeKok aland at ox.org
Sat Apr 6 13:01:54 EST 2002


Sandy Harris <pashley at storm.ca> wrote:
>      "the only software in the universe that makes your information
>           virtually 100% burglarproof!"
> 
> I've just checked the site and that claim is indeed there. If Sklyarov's
> analysis of what they're actually using is accurate, then these bozos
> are quite obviously guilty of false advertising.

  That's why they say "virtually".  It's a legal weasel word to make
them not legally responsible, but to mislead their customers.

> I suspect that useful expert witnesses in such a case would be
> people from the American Cryptogram Association:

  Go back to 1949:

	C. Shannon, "Communications Theory of Secrecy Systems", Bell Systems
	Technical Journal (1949), pp. 656-715.


  Shannon applied information theory to prove that the only
unbreakable system was one which involved one-time pads.

  If the content "protection" people don't know this, then they're
incompetent.  If they do know this, then they're guilty of lying to
everyone about the usefulness of their product.  That's another item
in consumer protection laws: The product MUST be useful for it's
intended purpose and use.  If it isn't, then the customer can get
legal redress from the vendor.

  Ideally, a copyright owner (i.e. movie creator) would sue the DVD
consortium, because the DVD "protection" is manifestly not suitable
for it's claimed use.  The consumer protection law would take
precedence over any contract, as you cannot sign away those rights.

  Alan DeKok.
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