From the EFF:
Copyright Liability Standard in Grokster Decision Endangers P2P and Other New Technologies
Washington, DC – Today the Supreme Court issued a ruling
that could impede makers of all kinds of technologies with expensive
lawsuits. The long-awaited decision in MGM v. Grokster states that P2P
software manufacturers can be held liable for the infringing activities
of people who use their software. This decision relies on a new theory
of copyright liability that measures whether manufacturers created
their wares with the “intent” of inducing consumers to infringe. It
means that inventors and entrepreneurs will not only bear the costs of
bringing new products to market, but also the costs of lawsuits if
consumers start using their products for illegal purposes.
“Today the Supreme Court has unleashed a new era of legal
uncertainty on America's innovators,” said Fred von Lohmann, EFF's
senior intellectual property attorney. “The newly announced inducement
theory of copyright liability will fuel a new generation of
entertainment industry lawsuits against technology companies. Perhaps
more important, the threat of legal costs may lead technology companies
to modify their products to please Hollywood instead of consumers.”
The Supreme Court has also ordered the lower court to consider
whether peer-to-peer companies Grokster and StreamCast can be held
liable under the new standard. StreamCast is confident that it will
pass muster under the new, multi-pronged test.
MGM v. Grokster was
brought by 28 of the world's largest entertainment companies against
the makers of the Morpheus, Grokster, and KaZaA filesharing software
products in 2001. The entertainment companies hoped to obtain a legal
precedent that would hold all technology makers responsible for the
infringements committed by the users of their products. The Electronic
Frontier Foundation (EFF), along with StreamCast counsel Matt Neco and
Charles Baker of Porter and Hedges, defended StreamCast Networks, the
company behind the Morpheus filesharing software.
The entertainment companies lost their case in District Court, then
lost again on appeal to the Ninth Circuit Court of Appeals. The lower
court rulings were based on the Supreme Court's landmark decision in
the 1984 Sony Betamax case, which determined that Sony was not liable
for copyright violations by users of the Betamax VCR.
» PDF of the
Supreme Court decision
» Press Release: Supreme Court Ruling Will Chill Technology Innovation
» Audio from today's press conference coming
» Statement from
Public Knowledge about Grokster Decision
Employees have overtaken hackers as the greatest threat to the world's largest financial institutions, a new survey says.
The study, conducted by Deloitte Touche Tohmatsu in its 2005 Global
Security Survey, blames the rise in attacks on human weakness.
More than a third (35 per cent) of the financial services industry
surveyed confirmed encountering attacks from inside their organization
within the past year, an increase of 14 per cent over the previous
year. Attacks from external sources came in at 26 per cent, up from 23
per cent the year before.
Read the full article at Global Security.
Only a few days left until the PCI
Data Security Compliance deadline! By June 30th of this year, you
must have your first network scan completed. The Payment Card Industry (PCI),
including MasterCard, Visa, Discover, American Express, JBC Credit, and Diner’s
Card, require merchants and service providers to protect cardholder information
by adhering to a set of security standards. The PCI security standard includes
MasterCard's Site Data Protection (SDP) program and Visa's Cardholder
Information Security Program (CISP).
Who is required
to meet PCI standards?
- Merchants processing
over $125,000 credit card transactions per month or more than 20,000 credit card
transactions per year.
What do I need to
do to meet PCI standards?
- If you have more than 6
million credit card transactions per year or suffered a hack or an attack that
resulted in an account data compromise, you must complete an on-site security
audit annually and complete and pass quarterly network
- All other merchants
between 6 millions and 20,000 transaction must complete and pass quarterly
network scans and complete a network security self
scanner can I use?
- Only those approved by
PCI. The Qualys
Security Scanner is not only on that list, but is MasterCard’s
preferred network scanner.
What do I have to
do to “Pass” a network scan?
- You must not have any
vulnerabilities that are classified as Level 3, 4, or 5. The difference in
Qualys and other network scanners is that Qualys will give you step-by-step
instructions on how to fix the problems. Other scanners force you to do this research. Qualys provides
instant Pass/Fail results in a format ready to be sent to the various credit
What must be
- All external facing IP
addresses, any website that you host at a 3rd party hosting company
(including shared virtual hosts), and all wireless access
What can I do to
meet PCI standards?
- If you are a Qualys
subscriber, then you just need a small upgrade to enable your account for PCI
scanning. Call Microtek today to meet the June 30th
- If not, then call
Microtek today to set up your first Qualys Scan. You can buy one scan to see
the power of Qualys (and meet the June 30th deadline), or you can buy
a subscription, which allows you scan as often as you would like. Free demo
scans are available by clicking
Can I just ignore
this and it will go away?
- According to Visa, “If
a merchant or service provider does not comply with the security requirements or
fails to rectify a security issue, Visa may:
- Fine the acquiring
- Impose restrictions on
the merchant or its agent, or
- Permanently prohibit
the merchant or its agent from participating in Visa programs
Members receive protection from
fines for merchants or service providers that have been compromised but found to
be CISP-compliant at the time of the security breach. Members are subject to
fines, up to $500,000 per incident, for any merchant or service provider that is
compromised and not CISP-compliant at the time of the
I posted a new photo to Photos.