nikolatesla20
September 19th, 2003, 08:10
Quote:
Originally posted by naides
Well,
The sad reality ,that it is unlikely to win a frontal battle with the spammers because they are backed by money and powerful interests, a twisted sense of free enterprise (If it makes money, then it is ok), does not mean that they cannot be beaten on their own game.
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I'm agreeing with you on this one, naides. The only reason spammers now get away with what they do is they hide under the title of "capitalism". In Europe they just passed a law that will fine spammers.
I've often gotten spam and the return address is not correct, so I could not unsubscribe. I also agree with you on beating them at their own game. Which actually brings me to a short blurb :
Just as it is not illegal to sell guns, but it IS illegal to shoot someone with one, I believe the DMCA has overstepped its boundaries by A LOT. For example, they have prevented numerous individuals from even just sharing information about DVD decryption algorithms the Elcomsoft E-Book format, etc. The point here being that information in itself SHOULD NOT be illegal. If they wanted to enforce a "law" then it should be the USE of the information. Even creating a software product that uses the information is still not enough, it should be seen and proven that the software is actually being used.
This leads me to my concluding argument. Would it be illegal to write an unpacker and sell it? I'm sure everyone would sound a yes to that one. Especially since one of the rules of the DMCA is to "prevent any device used to circumvent digitial protection". Even if it's only our thoughts! But that's a tangent. Really, just as any author can come up with a protection scheme, I see myself nothing wrong with another author coming up with a way to break it. Let us look at the real world again. Most doors and cars use keys. In that case, Locksmithing should be illegal. I know, I know, the locksmith only works on stuff that people already own, but hey some people might not want their program packed even though they've bought it. Once again, it's not the selling of the program (or the keys of the Locksmith, or the sale of a gun), which make something illegal. It's the USE of the foresaid product by the end user, the customer. Also, this rule of "preventing circumvention" does not follow capitalism. C'mon, how many great products out there are the result of some sort of reverse engineering? I'd say quite a few. Even reversing a fighter jet from another country during a war. Going against such a spirit prevents any improvement in the current schemes of protection, and can keep competition low. After all, if your product is truly good it should be able to stand up the crackers, right? Don't let the DMCA whine for you when your product sucks.
Elcomsoft themselves write ZIP and RAR password crackers. Isn't this a violation of DMCA? I still think that if a cracker feels the need, and has the time to invest, there would be nothing wrong with writing unpackers, for example, and selling them. It's a digitial product just like any other digitial product. It took time to write and test, etc. I'm not saying that there is any practicality to a cracker (*cough*, entreprenuer) in selling his works in the first place, but I'm just making the case of why creating such works is so deemed as "illegal". I think that is B.S. Why should the author of a protecter be deemed "God" compared to the writer of an de-protector? It's all a capitalistic venture. For those of you concerned with the moral ground, I again repeat that you can sell a gun which really has no other use but for shooting a person. You can't go hunting with a 9MM. The sale of the gun in itself is not illegal.
One last thing, the Blaster Worm eats up lots of internet bandwidth. So do spammers. Why is one illegal and the other not (or at least regulated in some manner).
-niko20