The Latest from Boing Boing | |
- When RealNetworks Settled on DVD Copying, We All Lost
- Beyond breaking firewalls: how to fight net-censorship
- Smart auto-sorting bolt/screw/nut box
- iPhone developer EULA turns programmers into serfs
- Clock made from a whirling, strobing hard-drive
- Stomach-churning details of CIA waterboarding crimes
- Fafblog on the Iraq elections
- Rhizome's 7 on 7: 7 geeks, 7 artists co-create in NYC
- Don't forget to schedule your mammogram
- Gabourey Sidibe's mom, Alice Tan Ridley, is a NYC subway busker
- Hundreds dead in Nigerian violence
- Where does your dairy come from? Look it up on this website
- Tribe in India, exploited like Na'vi for mining, appeal to James Cameron
- Xeni in Amoeba Records "What's In My Bag?" video feature
- Mark on This Week in Media, 12:30pm PT Monday (today)
- HUMONGOUS Soviet ground-effect tank-plane
- Balkan Beat Box: "War Again"
- Female Illustrators of the Mid-20th Century
- Beautiful collision of two colored smoke rings
- OK Go Rube Goldberg video: meet the makers!
- Ida Maria, "Oh My God" (Greatest Song of All Time of the Day)
- Praying mantis vs. hummingbird
- Body Worlds creator takes on giant squid
- Fur Fun: The inner lives of furries
- Flurb 9: more Rudy Rucker fiction picks
- How the venus flytrap eats a frog
- Lawrence Lessig scares a room of liberals
| When RealNetworks Settled on DVD Copying, We All Lost Posted: 09 Mar 2010 04:32 AM PST Photo: Roman Pinzon-Soto RealNetworks just screwed us all by settling lawsuits in which it might have lost--but which might also have given some new life to fair use for digital media. The post-RealDVD world means that unless there's a major change to the law surrounding copy protection, there will never be a legal way to perform legal acts of copying or shifting protected movies, music, and games. Take it from a guy who has a special E Ticket. The major movie studios can never sue me nor four other individuals ever for a variety of media-moving activities that you and 300 million other Americans could be subject to. It's like a superpower. More on how we got this pass later. The suits in question revolve around RealDVD, software Real introduced in September 2008 that would copy the full contents of a video DVD to a file that could be played back on a Windows system. RealDVD is not a DVD ripper: those programs use one of many methods to strip the Content Scramble System (CSS), the DRM that wraps up DVD content, and other defensive techniques. CSS and its ilk aren't precisely defended by technology--the standards are too weak or poorly executed--but by law. The much-excoriated Digital Millennium Copyright Act (DMCA) prohibits "circumvention" of software that's designed to prevent copying. Breaking DRM encryption breaks the law. But Real went through the steps to obtain a license from the DVD Copy Control Association (DCCA), which controls CSS on behalf of the movie industry. RealDVD decrypted the DVD, copied it, and then locked it tight. Up to five PCs licensed by the same person could play back the discs. (Real also broke through a couple of unrelated protection efforts.) RealNetworks must have calculated that as a company with a large war chest, it could succeed where others didn't dare to tread. As soon as it released RealDVD, it preemptively sued the DCCA and several studios to establish that it had the right to use CSS in the way RealDVD did. The studios and DCCA sued in return, and got software sales halted. The studios won in August 2009; Real appealed. The settlement on Monday clears all the suits by RealNetworks agreeing to never sell the software again, refund the money to about 2,700 RealDVD purchasers, disable an associated metadata service, and pay $4.5 million to several movie studios, its Rhapsody partner Viacom, and the DCCA to cover legal and other expenses. Some people may truly hate RealNetworks for its mediocre RealPlayer software (once a technical miracle) that was bundled with poorly disclosed third-party adware programs. But RealDVD was a thin blade trying to shimmy open the door of fair use. Fair use is a maddeningly ambiguous set of rules enshrined in copyright law that mention nothing whatsoever about personal use and copying. Court decisions have shaped fair-use exemptions to copyright laws. Congress has passed extremely narrow copyright exclusions for personal use as well. Without testing specific ideas about fair use or copyright scope in court, there's no sure way to know whether your particular software program, Web site, tweet, or steampunk-based laser decrypter isn't in violation. When the MPAA or a studio sues you, you could potentially plow through millions of dollars with no idea of the outcome. You can always be sued, but you want to make sure that you have some basis on which to defend yourself, especially if the law and court decisions firmly back you up. As BoingBoing recently reported about its battle with MagicJack, a group without crazily deep pockets can win and recover costs when it has a strong idea it is in the right. (BoingBoing benefitted from the California strategic lawsuit against public participation or SLAPP, which wouldn't apply to software and hardware.) That what was made the RealDVD suits so exciting, because Real has hundreds of millions of dollars in the bank, and had a pugnacious CEO, Rob Glaser. Glaser faced down Microsoft over unfair competition and got nearly $800 million from the Windows maker. (Glaser was forced out as head of Real a few weeks ago, although he intended to move on after an executive search; he remains chairman of the board and owns nearly 40 percent of the firm.) Even better, Real wasn't promoting piracy, or the broad right to rip DVDs into an unprotected format and then move them onto all kinds of devices for playback. RealDVD was very very narrow in purpose: can individuals buy software that converts one kind of protected content on a specific physical medium into another, with even stronger encryption? Back in 2002, I joined a model lawsuit brought by the Electronic Frontier Foundation, what became known as Newmark v Turner (after Craig Newmark of craigslist, one of four other co-plaintiffs). The EFF wanted Newmark v to be joined to a lawsuit originated in 2001 by 28 movie studios, TV production firms, and cable operators against SonicBlue, which made ReplayTV, a digital video recorder that was at one point mildly superior to TiVo. You may recall the ReplayTV suit, which begat the statement in a magazine interview from then chief executive of Turner Broadcasting that skipping ads was "theft," and that not watching ads was breaking a contract. He said, "There's a certain amount of tolerance for going to the bathroom." The industry later tried to backpedal from these statements. Our suit was a way to try to establish that consumers had rights in this fight among firms: that time-shifting (recording for later consumption) and space-shifting (moving among devices under our control for personal use) were perfectly acceptable, and that we were in danger of losing such rights. Ad skipping was also part of the suit. Remarkably, a judge agreed to join us in the fight, to the surprise, we think, of the 28 media firms. That would have been ugly had we gone to trial. We faced some potential (though unlikely) penalties were it to be proved that we had violated copyright in our efforts to establish we had used media fairly. The media firms had a big problem, though, in that it would have been an ugly public-relations battle to try to paint Craig Newmark, your humble reporter, and three other mild-mannered individuals as horrible scofflaws. Had we won, we would have enshrined a judicial opinion that would have perhaps emboldened consumer-electronics firms and software makers to create products that put much more control over recorded programs in the hands of consumers. Instead, SonicBlue went bankrupt and sold its assets to another firm that removed the features in question in 2003. The media firms then dismissed its lawsuit against the companies involved. Here's where it gets interesting. I had completely forgotten until researching the case to write this editorial that the 28 firms gave Craig, me, and our three fellow plaintiffs a "covenant not to sue" for the acts in question. That essentially nullified the suit because we had no more fear of litigation. (The EFF tried to get the same rights for all ReplayTV owners, just 5,000 people, but failed when the judge wouldn't move the case into class-action status.) So we are copyright superheroes, with the ability to advance ads in a single click, shift content among hardware, and watch at our leisure! Behold us, and despair, for you will not see our like again. RealNetworks needs to work with studios, so it settled and paid less than 1 percent of its still-giant cash horde--last year, the company's cash was of greater value than its market capitalization for several months--to be able to move forward on content licensing. I can understand why they did it, but it resembles the Google Book Settlement, a massive effort by Google to get a special judicial and settlement right to not be sued for selling works to which the owner cannot be found and to which it does not have assigned rights (so-called orphan works). If Google succeeds, then no other firm will go through the expensive litigation that allowed Google to reach the point where it can settle and win in cooperation with the Authors Guild and the Association of American Publishers. Google will have a de facto monopoly. It's unlikely that any other firm with the resources to challenge the media industry will release software or hardware that would allow DVD conversion in a manner that a court could find legal. Real was the last, great hope, because any other similar firm already has multi-million to multi-billion-dollar deals in play. Apple, Microsoft, and others aren't going to release anything that jeopardized how they work with giant copyright holders. That leads to the conclusion that in order to make legal copies, you are obliged to be a pirate. Media companies failure to accommodate the notion that people may have legitimate purposes for making digital copies for their own use dooms them to eternal piracy. We're all screwed. Well, I'm not, probably. But you are. |
| Beyond breaking firewalls: how to fight net-censorship Posted: 08 Mar 2010 10:34 PM PST Ethan Zuckerman's new piece on Worldchanging, "Internet Freedom: Beyond Circumvention," looks at the technical and social limitations of circumvention of censoring firewalls that we love so much as a tool for helping people in repressive regimes liberate themselves. It's an excellent and thought-provoking piece that raises more questions than it answers, but it points to some very meaty research problems that people who care about technology and freedom need to attend to. Internet Freedom: Beyond Circumvention (Image: Great Firewall of China, a Creative Commons Attribution-ShareAlike image from chidorian's photostream) Previously:
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| Smart auto-sorting bolt/screw/nut box Posted: 08 Mar 2010 10:20 PM PST Wulf from Craftster built this uber-clever workshop-bits sorting box after getting sick of manually sorting out the buckets of loose bits of metal that built up around his shop: "At the shop where I work we just toss loose screws, bolts, nails and other bits and pieces of hardware from the workbenches and the floor into a bucket and, every couple of years when the bucket gets too full, somebody has to dump the whole mess out and sort everything back to where it belongs. When that job fell to me this Spring, I decided there had to be a better solution. So I designed a bin that would help to at least divide things by type to make the final sorting easier. Though built for an industrial situation, it would work equally well in the home craft room for jewellery findings, sewing notions, etc." Self-sorting (sorta) bin (via Dinosaurs and Robots) Previously: |
| iPhone developer EULA turns programmers into serfs Posted: 08 Mar 2010 11:09 PM PST The Electronic Frontier Foundation has published the Apple iPhone Developer Program License Agreement, a secretive document that requires its signatories to agree to a gag order on the terms of the deal. EFF got the agreement by submitting a Freedom of Information Act request to NASA, who had signed onto it in order to release its app. EFF Senior IP Attorney Fred von Lohmann has some pithy analysis of just how awful this agreement is for the programmers who gets sucked into it: It's amazing all the ways that the iPhone manages to screw the people that love it: saddling iPhone owners with crappy contracts with abusive mobile companies, limiting their access to programs and forcing them into one-sided EULAs, then screwing the developers with equally abusive agreements. I guess that's one way to think different. All Your Apps Are Belong to Apple: The iPhone Developer Program License Agreement Previously: |
| Clock made from a whirling, strobing hard-drive Posted: 08 Mar 2010 10:02 PM PST This Strobeshnik clock is made from an old hard drive: "The digits are etched in the original platter and they're strobed from behind with leds. The HDD motor is driven by a custom circuit without feedback, hence poor startup performance and awful noise. Rotational feedback is provided by an IR LED/phototransistor pair near the place where the head arm formerly was." The result is a whirling, grinding, eye-catching, unreadable kinetic sculpture. Now that's a timepiece! Strobeshnik (final) (via JWZ!) Previously: |
| Stomach-churning details of CIA waterboarding crimes Posted: 08 Mar 2010 09:58 PM PST Salon's Mark Benjamin went spelunking in the recently released CIA torture memos and comes back with a stomach-churning account of the waterboarding practiced at Gitmo. This fine-tuned torture process repeatedly took its victims to the brink of death (one victim was waterboarded 180+ times) until many of them simply gave up on breathing and tried to allow themselves to drown, only to be revived by unethical medical personnel who collaborated with the war criminals conducting the torture. Waterboarding for dummies |
| Posted: 08 Mar 2010 09:51 PM PST Fafblog, one of my favorite satirical sites, has a scorching and unfortunately accurate take on the Iraq election: Freedom On The Lurch Previously: |
| Rhizome's 7 on 7: 7 geeks, 7 artists co-create in NYC Posted: 08 Mar 2010 09:47 PM PST Fred sez, Seven on Seven - Rhizome (Thanks, Fred!) |
| Don't forget to schedule your mammogram Posted: 08 Mar 2010 04:32 PM PST |
| Gabourey Sidibe's mom, Alice Tan Ridley, is a NYC subway busker Posted: 08 Mar 2010 04:19 PM PST Related: Here's the raw audition tape that won Gabourey Sidibe her Precious role. |
| Hundreds dead in Nigerian violence Posted: 08 Mar 2010 03:48 PM PST "The killers showed no mercy: They didn't spare women and children, or even a 4-day-old baby, from their machetes." At least 200 people were killed in Nigeria on Sunday, mostly Christians, amid ethnic clashes over land. |
| Where does your dairy come from? Look it up on this website Posted: 08 Mar 2010 04:02 PM PST At whereismymilkfrom.com, you can enter the code from a carton of (cow's) milk and find out where that dairy product came from. I know, I know, "Duh, a cow!" — but like, what farm. I only drink veggie milks myself now (almond, soy, coconut, rice) but this seems like a helpful tool for others. When I read the copy on the website like "Just go get the milk out of your fridge!" I hear Dr. Steve Brule's voice, and the word "dummy!" at the end. (via Consumerist) |
| Tribe in India, exploited like Na'vi for mining, appeal to James Cameron Posted: 08 Mar 2010 03:44 PM PST In an ad placed in Variety, an indigenous tribe from India known as the Dongria Kondh said: "Appeal to James Cameron. Avatar is fantasy... and real. The Dongria Kondh tribe in India are struggling to defend their land against a mining company hell-bent on destroying their sacred mountain. Please help the Dongria." No word from Cameron yet, but Amesty International has more on the story here, and a video here. |
| Xeni in Amoeba Records "What's In My Bag?" video feature Posted: 08 Mar 2010 04:51 PM PST • The incredible Alan Lomax in Haiti box-set (we'll be blogging more about this one on BB soon!) Amoeba Records: What's in My Bag? / Xeni Jardin The complete "What's in My Bag" archives are here, with many interesting past guests. (thanks, Rachael McGovern. Disclosure: I wasn't paid to appear in this video, but the nice folks at Amoeba gave me a $75 store credit which I plan to use on Radiohead vinyl and old Almodóvar movies!) |
| Mark on This Week in Media, 12:30pm PT Monday (today) Posted: 08 Mar 2010 12:36 PM PST I'll be one of the guests on This Week in Media, a live streaming video program from Twit.tv. |
| HUMONGOUS Soviet ground-effect tank-plane Posted: 08 Mar 2010 12:15 PM PST I know nothing about this titanic Lun Soviet ground-effect war-tank-plane-thing. The description (in Russian) contains a large number of specialized ground-effect tank-plane enthusiast vocabulary words that stymie Google Translate. It appears that it could traverse broken apocalyptic roads, frozen tundra, and water with equal ease, skimming below radar, too. But I can't say anything else for sure. So I will say this: if you fed a hyperactive 12 year old lad a diet of old Astounding Stories covers and put him in the most boring math class of all time for 28 straight hours with a collection of fine pens and a binder full of doodling paper, he just might produce one of these. Ðкраноплан "Лунь" проект 903 (Thanks, Elapsv!) Previously: |
| Posted: 08 Mar 2010 12:11 PM PST
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| Female Illustrators of the Mid-20th Century Posted: 08 Mar 2010 11:38 AM PST "Female Illustrators of the Mid-20th Century" is a blog about famous Chess endgames. (Not really. It's a blog about female illustrators of the mid-20th century.) Above, an advertisement by Marion Larson. |
| Beautiful collision of two colored smoke rings Posted: 08 Mar 2010 07:52 PM PST A red smoke ring and a blue smoke ring collide, with spectacular results. (Via Forgetomori) |
| OK Go Rube Goldberg video: meet the makers! Posted: 08 Mar 2010 09:55 AM PST Becky Stern of Make: Online interviewed the crew of the latest OK Go video, which was a single-take Rube Goldberg machine. Becky: How many takes did it require to get the final?OK Go Rube Goldberg video: meet the makers! |
| Ida Maria, "Oh My God" (Greatest Song of All Time of the Day) Posted: 08 Mar 2010 08:49 AM PST Regular visitors to my blog are likely sick of my outsize enthusiasm for the songwriter, singer, and guitarist Ida Maria; now it's time for you to suffer. I've written about the excitement of discovering her debut album, trying to get my then-12-year-old daughter into a 21+ club to see her (I received some hilarious help from the Internets on this front), succeeding at getting said daughter into a show, and my sadness at Maria's apparent genuine breakdown onstage one night. If you haven't heard Ida Maria, start here. "Oh My God" is ferocious in every way a great rock'n'roll song can be ferocious, climaxing with a scream as frightening as Johnny Rotten's and as powerful as Roger Daltrey's. There are few better ways to start the week. |
| Praying mantis vs. hummingbird Posted: 08 Mar 2010 09:03 AM PST A rivalry I never knew about, captured in glorious slow motion. Science blogger GrrlScientist says the hummingbird involved lived to fight another day. EDIT: Sadly, that is not true of all hummingbirds that choose to take on the (apparently rather badass) praying mantis. Mrs.Bug offers pictures of what happens when the bird loses. They are not for the faint of heart. |
| Body Worlds creator takes on giant squid Posted: 08 Mar 2010 08:22 AM PST In an impressive display of plastic prowess, Gunther von Hagens—the anatomist who invented the cadaver plastination process and created the Body Worlds exhibit—has successfully plastinated a giant squid. This is no simple feat. Plastination replaces water in the body with silicone. Unlike the other vertebrate animals, including humans, that von Hagens has worked on in the past, the squid is far more liquid and has no built-in structural support system. Sadly, there's not much information in the article about how von Hagens managed to pull this off, but we are told that plastinating a squid is a much slower process. New Scientist: Giant squid get radical plastic surgery Image courtesy Flickr user Ryan Somma, via CC |
| Fur Fun: The inner lives of furries Posted: 08 Mar 2010 09:02 AM PST |
| Flurb 9: more Rudy Rucker fiction picks Posted: 08 Mar 2010 08:12 AM PST Hurrah! It's time for another issue of Rudy Rucker's absolutely ass-kicking free sf zine, Flurb. The new ish has stories by Paul Di Filippo, Rudy Rucker, Richard A. Lupoff, Danny Rubin, and Kathe Koja and Carter Scholz (incidentally, I've been reading Koja's new book in manuscript form and I am agog at its brilliance -- watch this space in the months to come for a review of Under the Poppy). I love reading Rucker's fiction (and essays), but I have even more fun reading these zines he curates -- a kind of "Rudy Rucker presents..." that manages to convey the influences and esthetic that shoots through all of Rucker's work. Flurb: A Webzine of Astonishing Tales/Issue #9, Spring-Summer, 2010 Previously:
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| How the venus flytrap eats a frog Posted: 08 Mar 2010 08:06 AM PST It's electrical signals that allow the lobes of a venus flytrap to snap shut faster than a frog can flee. In animals, those sort of signals travel via the nervous system, which plants like the flytrap conspicuously lack. In a way, it's like the plants can send email without the Internet. How's it work? Science writer Ferris Jabr explains. Also, there's this paragraph, which makes you feel very sorry for that frog:
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| Lawrence Lessig scares a room of liberals Posted: 08 Mar 2010 06:17 AM PST I should say upfront that I'm a big fan of Lawrence Lessig's causes and his presentation techniques. My favorite might be his 2007 tour de force at TED about John Philips Sousa, Jesus singing "I Will Survive," and the joys and dangers of remix culture. A few days back he spoke at TEDxNYED about what conservatives can teach the free culture movement. I may be getting into trouble recommend a talk about conservatives here -- some of the email I received last week suggests that a good percentage of the readers here might find a Kucinich-Sanders ticket to be hopelessly middle of the road -- but this talk is classic Lessig, from its "I Was a Teenage Republican" opening to his real-time Wikipedia fix, to a reminder that Republican Walt Disney (the guy, not the company) was something of a remixer. There's plenty to argue about here and he presents in black and white some issues that are full of grays, but chances are you won't spend 20 minutes today with a smarter person. It's worth watching and thinking about even if, like me, you agree with only part of it. |
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