Question to Sony about AIBO site and DMCA

by Seth Finkelstein sethf@mit.edu

Dear Sony:

I am a programmer and free-speech activist, particularly interested in issues concerning software and free speech. I have noted with concern the story concerning Sony's actions against the aibopet.com website. Without arguing the whole topic, I simply request clarification of an aspect of Sony's letter, for my interest. In the letter at http://aibopet.com/letter2.htm Victor Matsuda writes that the website:

"... still contains information providing the means to circumvent AIBO-ware's copy protection protocol constituting a violation of the anti-circumvention provisions of the Digital Mellennium Copyright Act."
On the front page, the site http://aibopet.com/ makes reference to the file:

"copyprot.htm - which contains just information"
This file is also mentioned in Sony's letter above.

Now, my question for clarification: Is it Sony's position that ordinary English text, that is, English speech, which explains a weakness in the security of "Sony's copy protection protocol", reaches the level of "constituting a violation of the anti-circumvention provisions of the Digital Mellennium Copyright Act."? More specifically, what section of the Digital Millennium Copyright Act do you claim is violated, and exactly how does what is presumably English speech form a violation?

Thank you for your response.

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Seth Finkelstein   Consulting Programmer   sethf@sethf.com    http://sethf.com
2001 Pioneer Of The Electronic Frontier