MESSAGE
| DATE | 2003-10-10 |
| FROM | Michael Richardson
|
| SUBJECT | Subject: [hangout] FW: [fairuse-discuss] pho: SunnComm to sue Halderman? (fwd)
|
-----Original Message-----
From: Jay Sulzberger [mailto:jays-at-panix.com]
Sent: Friday, October 10, 2003 5:50 AM
To: fairuse-discuss-at-nyfairuse.org
Subject: [fairuse-discuss] pho: SunnComm to sue Halderman? (fwd)
---------- Forwarded message ----------
Date: Thu, 09 Oct 2003 11:13:33 -0700
From: James S. Tyre
To: pho-at-onehouse.com
Subject: pho: SunnComm to sue Halderman?
http://biz.yahoo.com/bw/031009/95573_1.html
Press Release Source: SunnComm Technologies Inc.
SunnComm CEO Says Princeton Report Critical of its MediaMax CD Copy
Management Technology Contains Erroneous Assumptions and Conclusions
Thursday October 9, 1:38 pm ET
PHOENIX--(BUSINESS WIRE)--Oct. 9, 2003--
In evaluating the alleged objectivity of Alex Halderman's report
titled "Analysis of the MediaMax CD3 Copy-Prevention System," it
should be noted that Halderman has stated in writing that he
believes that his alleged "... discovery will compel the music
industry to abandon their copy-resistant efforts."
SunnComm Technologies Inc. (OTC: STEH - News), a leader in digital content
security and enhancement for optical media, announced today that it intends
to take legal action against the writer of a critical report titled:
"Analysis of the MediaMax CD3 Copy-Prevention System." According to Peter
Jacobs, SunnComm's CEO, "The conclusions contained in the Princeton
University grad student's report issued last Monday were derived from
incorrect assumptions by its author. The author did not ask for, or
receive, SunnComm's MediaMax 'white paper' documentation available on the
technology prior to concluding that 'MediaMax and similar copy-prevention
systems are irreparably flawed ...'"
SunnComm believes that by making erroneous assumptions in putting together
his critical review of the MediaMax CD-3 technology, Halderman came to
false conclusions concerning the robustness and efficacy of SunnComm's
MediaMax technology. Based on several of these incorrect assumptions,
Halderman and Princeton University have significantly damaged SunnComm's
reputation and caused the market value of SunnComm to drop by more than $10
million.
In addition, SunnComm believes that Halderman has violated the Digital
Millennium Copyright Act (DMCA) by disclosing unpublished MediaMax
management files placed on a user's computer after user approval is
granted. Once the file is found and deleted according to the instructions
given in the Princeton grad student's report, the MediaMax copy management
system can be bypassed resulting in the copyright protected music being
converted or misappropriated for potentially unauthorized and/or illegal
use. SunnComm intends to refer this possible felony to authorities having
jurisdiction over these matters because: 1. The author admits that he
disabled the driver in order to make an unprotected copy of the disc's
contents, and 2. SunnComm believes that the author's report was
"disseminated in a manner which facilitates infringement" in violation of
the DMCA or other applicable law.
Concluded Jacobs, "This cat-and-mouse game that hackers and others like to
play with owners of digital property is over. No matter what their
credentials or rationale, it is wrong to use one's knowledge and the cover
of academia to facilitate piracy and theft of digital property. SunnComm is
taking a stand here because we believe that those who own property, whether
physical or digital, have the ultimate authority over how their property is
used. Owning copying technology is not an unconditional 'free pass' to
replicate or distribute protected work."
Critical reviews written in part as an attempt to pressure the record
industry into abandoning further development of technically protected audio
CDs are ethically suspect when based on inaccurate assumptions. The act of
publishing instructions under the cloak of "academic research" showing how
to defeat MediaMax such as those instructions found in Halderman's report
is, at best, duplicitous and, at worst, a felony.
Today's news comes on the heels of BMG's successful release last month of
the music giant's first commercial MediaMax CD in the United States --
"Comin' From Where I'm From," by singer-songwriter Anthony Hamilton and
released on Arista Records. In 2001, SunnComm commercially released
America's first audio CD containing a copy management system -- "Charley
Pride -- A Tribute to Jim Reeves" released by Music City Records.
MediaMax CD-3 is a collection of technologies that provides copy management
for optical media, while simultaneously enhancing and expanding the
consumer's experience. MediaMax CD-3 is tightly integrated with Microsoft's
(NASDAQ:MSFT - News) Windows Media Platform and the Digital Rights
Management capabilities associated with the latest Windows Media Platforms.
SunnComm licenses and uses Windows Media Audio DRM capabilities from
Microsoft Corp. as the security feature for music files which end up
residing on the consumer's computer.
About SunnComm
SunnComm Technologies Inc. became the first company to commercially release
a content-protected audio CD utilizing an early version of the Windows
Media Data Session Toolkit. SunnComm's copy-management technology was
commercially released by Music City records in 2001, which became America's
first copy-protected audio CD. It has become a leader in digital content
enhancement and security technology for optical media with its MediaMax
CD-3 suite of products.
SunnComm's MediaMax CD-3 Suite of Digital Content Enhancement technologies
are built using Microsoft Windows Media 9 Series, but operates on both
Apple (NASDAQ:AAPL - News) and Windows-based systems. For more detailed
information about the company, its vision or philosophy, personnel,
partners and customers, please visit the company's Web site at
http://www.sunncomm.com, or call the company directly at 602-267-7500, and
ask for shareholder relations.
MediaMax Digital Content Cloaking Technology, DC2, PromoPlay and SunnComm
are registered and/or trademarks of SunnComm Technologies Inc. in the
United States and/or other countries. The names of actual companies and
products mentioned herein may be the trademarks of their respective owners.
Notes about Forward-Looking Statements
Statements contained in this release, which are not historical facts, may
be considered "forward-looking statements" under the Private Securities
Litigation Reform Act of 1995. Forward-looking statements are based on
current expectations and the current economic environment.
We caution the reader that such forward-looking statements are not
guarantees of future performance. Unknown risk, uncertainties as well as
other uncontrollable or unknown factors could cause actual results to
materially differ from the results, performance or expectations expressed
or implied by such forward-looking statements.
Contact:
SunnComm Technologies Inc., Phoenix
Kimberly Faulkner, 602-267-7500
Source: SunnComm Technologies Inc.
--------------------------------------------------------------------
James S. Tyre mailto:jstyre-at-jstyre.com
Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net
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