January 10, 2025

More On Elcomsoft's Acquittal

Orin Kerr at The Volokh Conspiracy explains why ElcomSoft’s ignorance of the law was an excuse in this instance.

Also, some are suggesting that jury nullification may have played a role in ElcomSoft’s acquittal. (“Jury nullification” refers to a jury’s refusal to find guilt under a law because they consider that law unjust.) An AP story says:

The defense argued that the program merely enabled owners of Adobe eBook Reader software to make copies of e-books for personal use. If an owner makes a backup copy of an e-book or transfers it to another device he owns, they argued, that is permitted under the “fair use” concept of copyright law.

Jury foreman Dennis Strader said the argument made a big impact on the jurors, who asked U.S. District Judge Ronald M. Whyte to clarify the “fair use” definition shortly after deliberations began.

“Under the eBook formats, you have no rights at all, and the jury had trouble with that concept,” said Strader.

ElcomSoft Acquitted

Lisa Bowman at news.com reports that the jury has found ElcomSoft not guilty of criminally violating the DMCA.

It will be interesting to watch the reaction to this. Some people may try to read a lot into the verdict, but this is probably a mistake. Apparently, the verdict relied not on the drawbacks of the DMCA, and not on whether ElcomSoft’s actions were morally justified, but on the narrow question of what ElcomSoft knew about the DMCA when they sold their product. Not knowing the precise limits of the DMCA, ElcomSoft could not knowingly violate it.

NYT: Wi-Fi Interferes With Military Radars

In today’s New York Times, John Markoff writes that the Wi-Fi standard for wireless networking may interfere with certain military radars. If the interference turns out to be serious, this is a major headache. Wi-Fi is one of the best new technologies to come along in a while, and it seems to be headed for near-universal adoption. Now the military apparently is worried that Wi-Fi will be too popular.

Google in the Spotlight

Interesting article by Josh McHugh in the January 2003 issue Wired, on Google’s attempts to keep itself on the right side of various policy issues. It’s much easier to steer clear of the tough issues when you’re small. Now that Google is so popular and powerful, policy challenges abound.

Sloppy Science

New Scientist reports on how scientists prepare their papers for publication:

A cunning statistical study has exposed scientists as sloppy reporters. When they write up their work and cite other people’s papers, most do not bother to read the original.

The discovery was made by Mikhail Simkin and Vwani Roychowdhury of the University of California, Los Angeles, who study the way information spreads around different kinds of networks.

They noticed in a citation database that misprints in references are fairly common, and that a lot of the mistakes are identical. This suggests that many scientists take short cuts, simply copying a reference from someone else’s paper rather than reading the original source.

Can you spot the fallacy here? (And if you can, why couldn’t the editors of New Scientist?)

The fallacy is in the assumption that if a scientist copied the text of a citation from another paper, this proves that he never read the cited paper. No justification is offered for this assumption, and it seems dubious on its face.

Certainly it contradicts my experience. Many times I have read a paper one day and looked up its bibliographic information elsewhere on another day. If there are typos in the citations in some of my papers – and I’m sure there are a few – that is unfortunate but it doesn’t mean I haven’t read the cited papers.

I’ll bet Simkin and Roychowdhury spent plenty of time double-checking every detail of their citations. Perhaps they should have spent more time thinking about the contents of their own paper.