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Re: [dvd-discuss] Dion's new CD crashing party for some users
IANAL but the problem would be damages. $5000 is a lot to prove on one
computer. On 1M computers at minimum wage it's pretty.Maybe this might be a
time for small claims court. How about 100,000 suits against them in small
claims court?
Date sent: Thu, 4 Apr 2002 19:43:44 -0500
To: dvd-discuss@eon.law.harvard.edu
From: "Arnold G. Reinhold" <reinhold@world.std.com>
Subject: Re: [dvd-discuss] Dion's new CD crashing party for some users
Send reply to: dvd-discuss@eon.law.harvard.edu
> At 11:03 AM -0500 4/4/02, Dean Sanchez wrote:
> >Yahoo! News has an article about how Sony's new Celine Dion's cd can
> >crash a user's computer and how Sony admits to this action. I would
> >think that this could be considered a "criminal hacking" action and
> >subject them to civil and criminal legation, couldn't it?
> >http://story.news.yahoo.com/news?tmpl=story&u=/bpihw/20020403/en_bpih
> >w/dion_s_new_cd_crashing_party_for_some_users&printer=1
>
> I am not a lawyer, but my reading of Federal law (18 USC 1030,
> excerpts below) suggests Sony should think twice before selling audio
> disks (they certainly ought not be called CDs) with crash-inducing
> copy protection in the United States.
>
> It's no sure thing that the Government would act, but there is this
> interesting provision in subsection (g) that provides for injunctive
> relief for any person that suffers damage or "loss." Might it be
> possible to seek a court order baring Sony from introducing this
> technology into the U.S.? There is the problem of showing damages
> before the albums are sold here. Perhaps a perceived need to perform
> additional backups would do. So might an incident involving an Dion
> album purchased in Europe and brought to the U.S.
>
> A university would make an ideal plaintiff since they typically own
> hundreds of computers that are used by students, who sometimes play
> CDs (perfectly legally). Universities can easily document the cost of
> crashes in terms of support staff time and the risk of lost data.
> They also usually have Government research contracts, whose data
> could be affected by by Sony-induced crashes. This brings them under
> the protection of both subsections of (e)(2).
>
> See also http://www.loundy.com/E-LAW/E-Law4-full.html#VII which
> points out: "The civil provisions were first used in North Texas
> Preventative Imaging v. Eisenberg, which held that a "time bomb"
> inserted into a software update to ensure payment could constitute a
> violation of the Computer Fraud and Abuse Act." [i.e. 18USC1030]
>
> Many states have laws on this as well.
>
>
> Arnold Reinhold
>
>
> =========================================
>
> 18 USC 1030 Fraud and related activity in connection with computers
>
> (a) Whoever -
> ...
> (5)(A)knowingly causes the transmission of a program, information,
> code, or command, and as a result of such conduct, intentionally
> causes damage without authorization, to a protected computer;
>
> (B)intentionally accesses a protected computer without authorization,
> and as a result of such conduct, recklessly causes damage; or
>
> (C)intentionally accesses a protected computer without authorization,
> and as a result of such conduct, causes damage;
> ...
> shall be punished as provided in subsection (c) of this section.
>
> (b)Whoever attempts to commit an offense under subsection (a) of this
> section shall be punished as provided in subsection (c) of this
> section.
>
> (c) The punishment for an offense under subsection (a) or (b) of this
> section is -
> ...
>
> (3) (A) a fine under this title or imprisonment for not more than
> five years, or both, in the case of an offense under subsection
> (a)(4), (a)(5)(A), (a)(5)(B), or (a)(7) of this section which does
> not occur after a conviction for another offense under this section,
> or an attempt to commit an offense punishable under this
> subparagraph; and
> ...
>
> (e) As used in this section -
> ...
>
> (2)the term ''protected computer'' means a computer -
>
> (A) exclusively for the use of a financial institution or the United
> States Government, or, in the case of a computer not exclusively for
> such use, used by or for a financial institution or the United States
> Government and the conduct constituting the offense affects that use
> by or for the financial institution or the Government; or
>
> (B) which is used in interstate or foreign commerce or communication;
> ...
>
> (8) the term ''damage'' means any impairment to the integrity or
> availability of data, a program, a system, or information, that -
>
> (A) causes loss aggregating at least $5,000 in value during any
> 1-year period to one or more individuals;
> (B) modifies or impairs, or potentially modifies or impairs, the
> medical examination, diagnosis, treatment, or care of one or more
> individuals;
> (C) causes physical injury to any person; or
> (D) threatens public health or safety;
> ...
>
> (g) Any person who suffers damage or loss by reason of a violation of
> this section may maintain a civil action against the violator to
> obtain compensatory damages and injunctive relief or other equitable
> relief. ...
>
> [from http://www4.law.cornell.edu/uscode/ ]