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Why the 09ers Are So Upset

May 3, 2007 by

The user revolt at Digg and elsewhere, over attempts to take down the now-famous “09 F9 …” number, is now all over the press. (Background: 1, 2) Many non-techies, including some reporters, wonder why users care so much about this. What is it about “09F9…” that makes people willing to defend it by making T-shirts, writing songs, or subjecting their dotcom startup to lawsuit risk?

The answer has several parts. The first answer is that it’s a reaction against censorship. Net users hate censorship and often respond by replicating the threatened content. When Web companies take down user-submitted content at the behest of big media companies, that looks like censorship. But censorship by itself is not the whole story.

The second part of the answer, and the one most often missed by non-techies, is the fact that the content in question is an integer – an ordinary number, in other words. The number is often written in geeky alphanumeric format, but it can be written equivalently in a more user-friendly form like 790,815,794,162,126,871,771,506,399,625. Giving a private party ownership of a number seems deeply wrong to people versed in mathematics and computer science. Letting a private group pick out many millions of numbers (like the AACS secret keys), and then simply declare ownership of them, seems even worse.

While it’s obvious why the creator of a movie or a song might deserve some special claim over the use of their creation, it’s hard to see why anyone should be able to pick a number at random and unilaterally declare ownership of it. There is nothing creative about this number – indeed, it was chosen by a method designed to ensure that the resulting number was in no way special. It’s just a number they picked out of a hat. And now they own it?

As if that’s not weird enough, there are actually millions of other numbers (other keys used in AACS) that AACS LA claims to own, and we don’t know what they are. When I wrote the thirty-digit number that appears above, I carefully avoided writing the real 09F9 number, so as to avoid the possibility of mind-bending lawsuits over integer ownership. But there is still a nonzero probability that AACS LA thinks it owns the number I wrote.

When the great mathematician Leopold Kronecker wrote his famous dictum, “God created the integers; all else is the work of man”, he meant that the basic structure of mathematics is part of the design of the universe. What God created, AACS LA now wants to take away.

The third part of the answer is that the link between the 09F9 number and the potential harm of copyright infringement is pretty tenuous. AACS LA tells everyone who will listen that the discovery and distribution of the 09F9 number is no real threat to the viability of AACS or the HD-DVD/Blu-ray formats. A person getting the 09F9 number could, if he or she is technically skillful, invest a lot of work to get access to movies. But there are easier, less tech-intensive ways to get the same movies. Publishing the number has approximately zero impact on copyright infringement.

Which brings us to the civil disobedience angle. It’s no secret that many in the tech community despise the DMCA’s anticircumvention provisions. If you’re going to defy a law to show your disagreement with it, you’ll look for a situation where (1) the application of the law is especially inappropriate, (2) your violation does no actual harm, and (3) many others are doing the same thing so the breadth of opposition to the law is evident. That’s what we see here.

It will be interesting to see what AACS LA does next. My guess is that they’ll cut their losses, refrain from sending demand letters and filing lawsuits, and let the 09F9 meme run its course.

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Digg Users Revolt Over AACS Key

May 2, 2007 by

I wrote yesterday about efforts by AACS LA, the entity that controls the AACS copy protection system used in HD-DVD and Blu-ray discs, to stop people from republishing a sixteen-byte cryptographic key that can unlock most existing discs. Much of the action took place at Digg, a site that aggregates Web page recommendations from many people. (At Digg, you can recommend pages on the Web that you find interesting, and Digg will show you the most-recommended pages in various categories.

Digg had received a demand letter from AACS LA, asking Digg to take down links to sites containing the key. After consulting with lawyers, Digg complied, and Digg’s administrators started canceling entries on the site.

Then Digg’s users revolted. As word got around about what Digg was doing, users launched a deluge of submissions to Digg, all mentioning or linking to the key. Digg’s administrators tried to keep up, but submissions showed up faster than the administrators could cancel them. For a while yesterday, the entire front page of Digg – the “hottest” pages according to Digg’s algorithms – consisted of links to the AACS key.

Last night, Digg capitulated to its users. Digg promised to stop removing links to the key, and Digg founder Kevin Rose even posted the key to the site himself. Rose wrote on Digg’s official blog,

In building and shaping the site I’ve always tried to stay as hands on as possible. We’ve always given site moderation (digging/burying) power to the community. Occasionally we step in to remove stories that violate our terms of use (eg. linking to pornography, illegal downloads, racial hate sites, etc.). So today was a difficult day for us. We had to decide whether to remove stories containing a single code based on a cease and desist declaration. We had to make a call, and in our desire to avoid a scenario where Digg would be interrupted or shut down, we decided to comply and remove the stories with the code.

But now, after seeing hundreds of stories and reading thousands of comments, you’ve made it clear. You’d rather see Digg go down fighting than bow down to a bigger company. We hear you, and effective immediately we won’t delete stories or comments containing the code and will deal with whatever the consequences might be.

If we lose, then what the hell, at least we died trying.

This is a remarkable event. Critics of Web 2.0 technologies like Digg often say that users are being exploited, that the “communities” on these sites are shams and the company running the site is really in control. Here, the Digg company found that it doesn’t entirely control the Digg site – if users want something on the site badly enough, they can put it there. If Digg wasn’t going to shut down entirely (or become clogged with postings of the key), it had no choice but to acquiesce and allow links to the key. But Digg went beyond acquiescence, siding with its users against AACS LA, by posting the key itself and practically inviting a lawsuit from AACS LA.

Digg’s motive here probably has more to do with profit and market share than with truth, justice, and the American way. It’s not a coincidence that Digg’s newly discovered values coincide with the desires of its users. Still, the important fact is that users could bend Digg to their will. It turns out that the “government” of Digg’s community gets its power from the consent of the governed. Users of other Web 2.0 sites will surely take note.

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AACS Plays Whack-a-Mole with Extracted Key

May 1, 2007 by

The people who control AACS, the copy protection technology used on HD-DVD and Blu-ray discs, are apparently trying to shut down websites that publish a certain 128-bit integer. The number is apparently a “processing key” used in AACS. Together with a suitable computer program, the key allows the decryption of video content on most existing HD-DVD and Blu-ray discs.

I won’t publish the key here but you can spot it all over the Web. It’s a long string starting with “09 F9”.

The key has been published on a few websites for months, but in recent days the AACS “Licensing Authority” (AACS LA) has taken to sending out demand letters to websites that publish the key, claiming that the key is a circumvention technology under the DMCA. News of these demand letters, and the subsequent disappearance of content and whole sites from the Net, has triggered an entirely predictable backlash, with thousands of people reposting the key to their own sites.

The key will inevitably remain available, and AACSLA are just making themselves look silly by trying to suppress it. We’ve seen this script before. The key will show up on T-shirts and in song lyrics. It will be chalked on the sidewalk outside the AACS LA office. And so on.

It’s hard to see the logic in AACS LA’s strategy here. Their end goal is (or should be) to stop unauthorized online distribution of high-def video files ripped from HD-DVD or Blu-ray discs. The files in question are enormous and cumbersome to store and distribute, containing more than a gigabyte of content. If you can’t stop distribution of these huge files, surely there’s no hope of stopping distribution of a little sixteen-byte key, or even of decryption software containing the key. Whatever tactics can stop distribution of the key should be even more effective against distribution of movies.

My guess is that AACS LA miscalculated, thinking that a few demand letters would succeed in suppressing the key. As the key spread, it seemed natural to continue sending letters – to do otherwise would be an admission of defeat. Now the key is spread so widely that there’s no point in sending any more letters.

The next question is whether AACS LA will try to sue somebody who defied a demand letter. There’s no real strategic point to such a suit, but even big organizations act out of spite sometimes.

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Duck Amuck and the Takedown Gun

November 28, 2006 by

I wrote last week (1, 2) about the CopyBot tool in Second Life, which can make an exact lookalike copy of any object, and the efforts of users to contain CopyBot’s social and economic effects. Attempts to stop CopyBot by technology will ultimately fail – in a virtual world, anything visible is copyable – so attention will turn, inevitably, to legal tactics.

One such tactic is the DMCA takedown notice. Second Life lets users keep the copyright in virtual objects they create, so the creator of a virtual object has a legal right to stop others from copying it (with standard exceptions such as fair use). The Digital Millennium Copyright Act (DMCA), among its other provisions, exempts service providers such as Second Life from liability for copyrighted stuff posted by users, provided that Second Life implements the DMCA’s notice and takedown procedure. Under this procedure, if you see an infringing copy of your material on Second Life, you can send a notice containing certain information to Second Life, and they have to respond by taking down the accused material. (For further details consult your neighborhood copyright lawyer.)

Let’s apply this to a specific example. Alice designs a spiffy new hot air balloon that everyone covets. Bob uses CopyBot to make his own replica of the balloon, which he starts riding around the skies. Alice discovers this and sends a takedown notice to Second Life. Bob’s balloon is then “taken down” – it disappears from the world, as in the classic cartoon Duck Amuck, where the animator’s eraser plays havoc with Daffy Duck’s world.

But surely Bob isn’t the only one riding in a copied balloon. Others may have CopyBotted their own balloons or bought a balloon copy from Bob. It’s tedious for Alice to write and send a takedown notice every time she sees a copied balloon.

What Alice needs is a takedown gun. When she sees an infringing balloon, she just points the takedown gun at it and pulls the trigger. The takedown gun does the rest, gathering the necessary information and sending a takedown notice, dooming the targeted balloon to eventual destruction. It’s perfectly feasible to create a takedown gun, thanks to Second Life’s rich tools for object creation. It’s a gun that shoots law rather than bullets.

For extra style points, Alice can program the gun so that it refuses to shoot at balloons that she herself built. To do this, she programs the gun, before it fires, to issue a cryptographic challenge to the balloon. Authorized balloons will know a secret key that allows them to respond correctly to the challenge. But unauthorized copies of the balloon won’t know the key, because the key is built into the object’s scripted behavior, which CopyBot can’t duplicate. (Exercise for computer security students: how exactly would this protocol work?)

But of course there is a small problem with abuse of takedown guns. To send a takedown notice, the law says you must be (or represent) the copyright owner and you must have a good faith belief that the targeted object is infringing. Alice might be careful to shoot the gun only at objects that appear to infringe her copyright; but others might not be so careful. Indiscriminate use of a takedown gun will get you in legal trouble for sending bogus takedown notices.

Initially, the management at Second Life pointed to takedown notices as a response to CopyBot-based infringement. More recently, they have shifted their position a bit, saying that infringement violates their Terms of Use and threatening to expel violators from Second Life. They still face the same problem, though. Presumably their enforcement actions will be driven by user complaints, which motivates Alice to make a complaint gun.

As the music industry has learned, when copying is easy, laws against copying are very hard to enforce.

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DMCA Exemptions Granted

November 27, 2006 by

Last Wednesday afternoon the U.S. Copyright Office released its list of DMCA exemptions for the next three years. The timing is interesting: releasing news in the afternoon of the day before Thanksgiving is a near-optimal strategy if you want that news to escape notice and coverage in the U.S.

The purpose of these exemptions are to prevent harm to the public from overbreadth of the DMCA’s prohibition on circumventing technologies that control access to copyrighted works. Exemptions last three years.

The good news that that six exemptions were granted, the most ever:

  • Professors can make compilations of film and video material for research or teaching.
  • Archivists can preserve copies of old programs and computer games.
  • Anyone can work around broken hardware “dongles” that prevent access to software programs.
  • Blind people can use software to have e-books read aloud.
  • Wireless phone customers can switch their phones to a different wireless provider.
  • Anyone can study, test, or remove malware distributed on CDs.

(These are summaries; the exact scope of each exemption is detailed in the original document.)

I’m particularly happy about the last exemption, which was requested by Alex Halderman and me, with lots of help from Deirdre Mulligan and Aaron Perzanowski. The exemption is narrower than I would have liked – plenty of valuable research still raises legal issues – but it’s good to see official recognition that the DMCA has harmed research.

The not-so-good news is in some of the exemptions that were not granted. The exemption for censorware research was not renewed, mostly because its most effective advocates, such as Seth Finkelstein, got tired of re-requesting it. (Even if nothing has changed, each exemption must be rerequested every three years through the same bureaucratic process – one example of how the playing field is tilted against exemptions.)

Also, exemptions for space-shifting (e.g. downloading content into portable players like iPods) and backing up digital media were denied. As usual, the Copyright Office pretended not to know what everybody else seems to know, e.g. that digital media are fragile and need to be backed up.

On the other hand, they did seem to recognize the DMCA’s harm to public discourse. The exemptions for film scholarship, archiving, access by the blind, and malware research all address harms to public debate caused by the DMCA. Fair use is sometimes broken down into two categories: transformative uses such as scholarship, research and parody; and personal uses such as time-shifting and space-shifting. The Copyright Office now seems to recognize that the DMCA is harming transformative use.

But what they don’t yet see, apparently, is the harm to personal use – hence the denial of the space-shifting and backup requests. Worse yet, they didn’t even acknowledge that these personal uses are lawful in the first place. In short, the Copyright Office still isn’t willing to grapple with the issues of most direct interest to the public. Maybe they’ll catch on three years from now, or six. Or maybe the new Congress will act sooner and reform the DMCA.

(Derek Slater has a nice summary of some other commentary.)

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