Accused Microsoft product key counterfeiter Adonis Gladney has been convicted this week of violating the Digital Millennium Copyright Act (DMCA) and is now the first person to ever be convicted under the DMCA for violations relating to the circumvention of security protections on software.
According to Assistant U.S. Attorney Craig Missakian, Gladney sold tens of thousands of the counterfeited keys, which are used to activate legitimate software products such as Microsoft Office.
“The defendant couldn’t have executed his scheme without counterfeit access keys,” Missakian noted. “(The keys) allowed purchasers to load software on multiple computers.”
Missakian admitted that even the US Marine Corp. had been duped into buying the phony keys, among thousands of other clients.
With his conviction, it looks like Gladney will likely face 3-7 years in prison, depending on “the amount of monetary damage he caused.”
CNet adds that Gladney, a Los Angeles native “would advertise software licenses in large volume on his Web sites, abovegroundsolutions.com or agsolutionsspc.com. Customers paid their money and received licenses, which prosecutors say Gladney claimed legally covered between 25 and 750 users. Gladney would then ship them a CD loaded with software that authorities say was not designated as a retail product for sale to the general public, such as software that typically comes bundled in PCs.”
“By repeatedly using and distributing the same key codes on multiple products,” added an FBI cyber crimes’ spokesperson, “Gladney is circumventing one of Microsoft’s primary security features
[More]>>
Result for: dmca
RealNetworks has asked a Federal judge for permission to add an antitrust complaint against the MPAA to their existing lawsuit against the the DVD Copy Control Association (DVD-CCA). The suit began as a preemptive strike to establish that their DVD copying software, RealDVD, doesn’t violate their license with the DVD-CCA.
Although the MPAA isn’t directly involved in the licensing of DVD decryption technology, there can be no question they are behind the very existence of CSS encryption, which makes it illegal to rip DVDs in the US.
In their filing, RealNetworks lawyers wrote “The CSS agreement is being used to extend a legally granted monopoly over content into separate markets – to prevent competition from technologies that would allow a copy of content for fair use purposes. But the making of a copy of a studio DVD is authorized fair use under the Copyright Act.”
The biggest hurdle to most fair use arguments is the very nature of fair use. It is not, as many people believe, a right given to the public.
In reality it’s a set of exceptions to the exclusive rights granted copyright holders by law. It’s a subtle, but very important, distinction.
The problem is largely one of vague wording in the fair use clause of US copyright law. Except for the few cases where specific uses are mentioned, judges are compelled to assume it can’t contradict other laws, including the DMCA’s anti-circumvention language.
In other words the DMCA must be interpreted in a way that allows copyright holders to nullify fair use. Ultimately the real question to decide this case will be whether the studios are using their monopoly on movie distribution to stifle legal innovation.
[More]>>
Result for: dmca
Nokia describes its Mosh site as “a way to fill your phone with safe, free, mobile content like applications, games, videos, widgets, ringtones and more. You can also upload your creations and collect content to organize it for on-the-go access.”
Since its launch in 2007, the site has become very popular, with users very happy that their exchange of content is uninterrupted and free. There has been over 137 million downloads since launch, a small number in comparison to Apple’s App Store, but still notable as Nokia never advertised Mosh. The company is also very lax as to what can be shared on the site, unlike Apple which has a tough screening process.
Although no reason was given for the shutdown, most agree it is because the site operated under the DMCA safe-harbor provision which meant any copyrighted material is only taken down after a takedown notice is sent out. That rule had the potential to strain relationships with movie studio and the record labels as many users upload clips and custom ringtones.
