Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Thu, 09 Oct 2003 12:02:26 -0700
From: "James S. Tyre" <jstyre@xxxxxxxxxx>
Subject: Update on Shift Key Breking CD Copy Protection Technology
X-Sender: jstyre@xxxxxxxxxxxxx
To: dave@xxxxxxxxxx, declan@xxxxxxxx
Dave, Declan,
Earlier this week, each of you had items about Princeton grad student Alex
Halderman's report on SunnComm's MediaMax CD3 copy protection technology.
Subsequently, SunnComm's stock price has dropped precipitously, and today,
SunnComm announced that it will pursue legal action against Halderman:
http://biz.yahoo.com/bw/031009/95573_1.html
...
SunnComm Technologies Inc. (OTC: STEH - News), a leader in digital content
security and enhancement for optical media, announced today that it
intends to take legal action against the writer of a critical report
titled: "Analysis of the MediaMax CD3 Copy-Prevention System." According
to Peter Jacobs, SunnComm's CEO, "The conclusions contained in the
Princeton University grad student's report issued last Monday were derived
from incorrect assumptions by its author. The author did not ask for, or
receive, SunnComm's MediaMax 'white paper' documentation available on the
technology prior to concluding that 'MediaMax and similar copy-prevention
systems are irreparably flawed ...'"
SunnComm believes that by making erroneous assumptions in putting together
his critical review of the MediaMax CD-3 technology, Halderman came to
false conclusions concerning the robustness and efficacy of SunnComm's
MediaMax technology. Based on several of these incorrect assumptions,
Halderman and Princeton University have significantly damaged SunnComm's
reputation and caused the market value of SunnComm to drop by more than
$10 million.
In addition, SunnComm believes that Halderman has violated the Digital
Millennium Copyright Act (DMCA) by disclosing unpublished MediaMax
management files placed on a user's computer after user approval is
granted. Once the file is found and deleted according to the instructions
given in the Princeton grad student's report, the MediaMax copy management
system can be bypassed resulting in the copyright protected music being
converted or misappropriated for potentially unauthorized and/or illegal
use. SunnComm intends to refer this possible felony to authorities having
jurisdiction over these matters because: 1. The author admits that he
disabled the driver in order to make an unprotected copy of the disc's
contents, and 2. SunnComm believes that the author's report was
"disseminated in a manner which facilitates infringement" in violation of
the DMCA or other applicable law.
....
In another piece, Jacobs hints at one of Halderman's alleged failings:
http://www.nj.com/news/times/index.ssf?/base/news-0/106568865740310.xml
...
"The assumption that Alex makes about the ease with which the technology
can be circumvented is incorrect," Jacobs said. "Implicit in our
technology, but not privy to his knowledge, is the manner in which we are
able to improve the technology so it becomes harder and harder to
circumvent it."
....
I'm sure you'll both agree that Alex should be criticized roundly for
analyzing only the currently existent technology while utterly failing to
laud SunnComm for future improvements that it says it will make.
--------------------------------------------------------------------
James S. Tyre mailto:jstyre@xxxxxxxxxx
Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net