b.cognosco

Blackboard, Inc. can't really be blamed for responding. I would do the same. But once again the preemptive power of the DMCA, and its severe penalties for previously minor infractions, weights the legal argument so heavily in favor of the copyright or patent holder that even legitimate discussion becomes a completely one-sided game of legal "chicken".

DMCA vs. Free Speech, cont'd.

I just heard from folks at the InterZOne conference in Atlanta, where, apparently, conference organizers and two scheduled speakers have been served with cease-and-desist requests. At issue are the "intellectual property rights" of Blackboard Inc. Here's an excerpt from Blackboard's attorney's letter:

It recently has come to Blackboard's attention that Billy Hoffman and Virgil Griffith are intending to speak as co-panelists in your upcoming InterzOne II conference on April 11, 2003. The website located at www.yak.net/acidus, Mr. Hoffman's website, states that, "The signals to and from several Blackboard readers have been captured, as well as how data is stored on the cards. Using this knowledge Virgil and I have created a drop-in compatible reader, that will work with an existing RS-485 network. Computer code to emulate any reader made as well as hardware specs to wire the readers and control circuits will be launched." Explaining, Mr. Hoffman's website states that "This will show not only did we hack the system, but we hacked it so far we could build functional readers from scratch." The website states that he intends at this conference to "release code to make a computer emulate any Blackboard reader, as well as the hardware designs ... to make a drop in replacement for any Blackboard reader." The website also threatens that, because "Blackboard wouldn't make their system more secure, or tell people how to secure it, I'll simply make compatible ones myself and give them away."

Please be advised that the actions described on Mr. Hoffman's website, including the hacking of Blackboard's system, are illegal, and that any effort by either Mr. Hoffman or Mr. Griffith to convey to others at your Conference any information gleaned in whole or in part from such actions, particularly in an effort to cause Blackboard economic harm, would be improper. Please be advised of our view that it would be actionable for you or your conference to facilitate Mr. Hoffman's and Mr. Griffith's announced plans for, among other things, the disclosure of signals captured, the releasing of code, the description of development of functional readers, and the hardware specs to wire the readers and/or control circuits. Please be advised further that the www.yak.net/acidus website's use of the Blackboard name and the Blackboard logo is unauthorized and far exceeds the parameters of any nominative fair use, constituting a false designation of origin in violation of the federal Lanham Act, and we caution that we have not authorized Blackboard's name or logo to be used in any seminar or conference materials or in any presentation. We are also examining whether the actions of Mr. Hoffman and Mr. Griffin may have violated other federal laws, including (among others) the Digital Millenium Copyright Act, the Economic Espionage Act, the Electronic Communications Privacy Act, the Wiretap Act, and the Consumer Fraud and Abuse Act, as well as Georgia's Computer Systems Protection Act.

My correspondent writes, We're trying to get the word out as fast as possible because this is most definitely not cool.

[The Doc Searls Weblog]