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Hi-Tech CD Protection vs. Markers: Markers Win!
Posted by Raul Ruiz on Tuesday, May 21 @ 12:19:44 EDT Copyright

ZDNet is reporting that Sony Music's "hi-tech" disc copy-protection technology has been cracked (Cheap pen cracks 'copy-proof' CD). There are no complicated bit-shifts involved in cracking the protection or even the use of software. All that is needed is a felt-tip marker.

Nothing has been said yet, but I expect Senator Hollings to introduce a bill sometime soon that would ban the use of felt-tip markers in the United States.

UPDATE:

CNN has an article and attached picture showing what users are doing to their CDs to bypass the protection.

 
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· Cheap pen cracks 'copy-proof' CD
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"User's Login" | Login/Create an Account | 3 comments
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Intentional product damage (Score: 1)
by RGSharpe on Tuesday, May 21 @ 13:12:26 EDT
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This makes things interesting. It seems that there might be an argument about the CD being damaged by having a part of its data surface inked over.

How does the consumer's ownership of the CD (regardless of the data content), and therefore his decision to use, abuse, or deface the product stack up against the copyright owner's protection scheme?

And is it a violation of DMCA provisions if all you do is deface a physical product? If so, accidentally snapping the rabbit ears on my TV or using an AOL CD as a coaster might soon get me in hot water.


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Banning Markers (Score: 1)
by greglas on Tuesday, May 21 @ 15:15:30 EDT
(User Info | Send a Message) http://www.chaihana.com/pers.html
Well, actually, couldn't sales of magic markers already be prohibited under 1201(a)(2)? (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that - (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title; Not (A), because markers are made for other things... (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or Not (B), because people conceivably might buy markers for other "commercially significant" purposes (there's a huge refrigerator art market out there)... (C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title. Yikes! -- what if the marker makers' marketers 'fess up to knowing about marker circumvention? Then they are prohibited from selling the markers "for" that "use." Be prepared to answer the question: "Exactly why do you want to buy that magic marker?"


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