Technics: Juridics: Internet news-aggregator of content-URLs 'Digg' treated as pirate for code hack HD DVDs

CNet blogger Steven Musil reports "Unhappy Digg users bury site in protest" (May2,2k7).

Digg.com users, very upset at the news aggregate site for deleting articles containing an encryption key that could be used to crack the digital rights management on HD DVDs [H+Density DVDs], have inundated the site with thousands of recommendations to pages that contain the code. The protest was apparently heard by Digg administrators, who later reversed the ban.

On Tuesday night, the "All topics" category contained several pages of the most popular articles recommended by Digg readers populated only by links to sites that contained the code, as well as messages deriding the Motion Picture Association of America, a proponent of digital rights management and antipiracy measures. Many of the articles had upward of 4,000 recommendations from users.

A message purporting to be from Digg co-founder and CEO Jay Adelson posted to the site early Tuesday explained the rationale behind the site's former stance.

"We've been notified by the owners of this intellectual property that they believe the posting of the encryption key infringes their intellectual property rights," the posting reads. "In order to respect these rights and to comply with the law, we have removed postings of the key that have been brought to our attention."

Later, a message headlined with the code and credited to Digg co-founder Kevin Rose called Tuesday "a difficult day for us" and explained that site had reversed its earlier stance and would reluctantly allow articles containing the code to be referenced from the site.

"We had to make a call, and in our desire to avoid a scenario where Digg would be interrupted or shut down, we decided to comply and remove the stories with the code," according to the posting. "...[Digg website users ha]ve made it clear. You'd rather see Digg go down fighting than bow down to a bigger company. We hear you, and effective immediately we won't delete stories or comments containing the code and will deal with whatever the consequences might be. If we lose, then what the hell, at least we died trying."

"Living by the wisdom of the crowd is what made Digg popular, said CEO Jay Adelson in a telephone interview Wednesday, reports Chris Gaylord of Christian Science Monitor in "Digg's online crowd flexes its muscle--Backlash over the site administrators' attempt to squelch postings of a secret encryption code shows power of free-speech-minded Web users" (May4,2k7).

"Digg is supposed to be the opposite of censorship," he said. "Our attorneys were advising us that it is always better to be safe than sorry and continue removing the stories. But the users clearly wanted it … and this was something we didn't want to suppress anymore."

What could have been an unraveling for Digg and other social websites – that peek behind the curtain to discover that the online community is not truly in control – turned into a solidifying event for the idea that the Internet is as much a tool for participating as it is for publishing. For many users, the code wasn't the point. The Digg deluge was about reclaiming the reins.

"This had the possibility of being a very dark moment, and it's turned out to be quite a strong statement about what it means to have socially driven websites," says John Palfrey, executive director of the Berkman Center for Internet and Society at Harvard Law School. "It was civil disobedience on restriction of free speech – but in an Internet fashion."

Technotes, by Technowlb

Two days later, the story but not the code (!) made its way to a science blog in the field of physics. PhysOrg.com updates the early reports. The blog-entry's content goes so beyond my "Technics" category that probably I should re-designate my headline "Juridics" in the first cat. Come to think of it, the slant to legal actions in tech articles, seems to be something like a trend at the moment. Or, perhaps I should retitle the first slot "Social Networking" which also played a huge role in Digg's removal of the orginal post. Article: "Has Digg Dug a Legal Hole for Itself?" (May4,2k7). From the aritcle itself you can navigate to the site's PhysOrgForum, where you can discuss the whole phenom with many others who are keeping up with this development.

Call it the Internet's version of a bloodless coup. A revolt by users of Digg.com led the administrators of the Web site to reverse a decision to remove stories containing code used to circumvent digital rights management for HD-DVDs [H+Density Digital Video something or other].

But the change of course by Digg.com has not settled anything; instead the latest flare up regarding the now-infamous code highlights both legal and security issues facing HD-DVD technology and the Internet itself.

Digg.com's initial decision to take down the stories was spurred by a cease and desist letter earlier this week from the AACS LA (Advanced Access Content System Licensing Administrator).

The AACS LA licenses the encryption technology meant to protect HD-DVDs from illegal copying.
But the decision [by Digg to restore the offending code] could open it up to legal action by the AACS LA for a possible violation of the Digital Millennium Copyright Act, a series of provisions that prohibit the production or distribution of technology that circumvents DRM.

Copyright 2007 by Ziff Davis Media

By the way, I found the following ad text on the Phys.Org.com website: "How To Copy A DVD Movie Burn & Copy Your Home DVD Movies to Blank CD. Play Copy Anywhere $24."

As CSM's Chris Gaylord has noted, the Digg Episode (or Epiphany, as some Diggers mite regard it) is not an isolated case:

Other successful social sites have hit similar power struggles. In September, the popular college networking site Facebook.com thought they would further connect users by rolling out a "news feed" feature that would update everyone on nearly every change occurring on friends' profiles, right down to who rejected whose party invitation. This perceived invasion of privacy launched boycotts and rumors of a National Don't Log Into Facebook Day. Site administrators changed the feature after only two days.

The HD-DVD key was not the first story Digg administrators yanked. They regularly pull down links to pornography and hate speech, says Mr. Adelson. But with more than 7,000 articles submitted to Digg every day, he acknowledges the process is very reactive. Digg's most relied-on filter is its users – for sniffing out both the good and the bad.

Digg's crowd is a tech-savvy set, so when the movie-code posting sneaked past administrators, the readers dug it. Before anyone at the Digg office noticed that the story had slipped through the cracks, 15,000 users had recommended it – making its sudden disappearance all the more noticeable, Adelson says.

So the Episode takes its place among many, and surely will not be the last of them either.