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27 September 2006

Microsoft vs John Does 1-10 Court Filings
Filed	No.	Name	Pages	Size	URL
9-22-06	1	Complaint	6	161KB	http://cryptome.org/ms-does-1-1.pdf
9-25-06	2-1	Copyright Filing	1	50KB	http://cryptome.org/ms-does-2-1.pdf
9-25-06	2-2	Copy of Complaint (Same as No. 1)	-	-	-
9-25-06	3-1	Motion for Leave to Conduct Third Party Discovery	6	397KB	http://cryptome.org/ms-does-3-1.pdf
9-25-06	3-2	Proposed Order Granting Motion for Leave to Conduct Third Party Discovery	2	101KB	http://cryptome.org/ms-does-3-2.pdf
9-25-06	4	Declaration of [Investigator] Andy Cookson in Support of Motion to Conduct Third Party Discovery	3	172KB	http://cryptome.org/ms-does-4.pdf

Attorney Allonn Levy writes 27 September 2006:

Microsoft has reportedly sued numerous Doe defendants for producing and distributing FairUse4WM a software program that counters Microsoft Digital Rights Management System used to safeguard content downloaded through Microsoft s Windows Media programs.  This follows at least one software patch that was released to counter FairUse4WM.   The patch worked briefly, but now an updated FairUse4WM is available that technologically counters Microsoft's patch.

To its credit, Microsoft seems to understand one thing that some of its predecessors have struggled with:  An anti-DRM tool that is being freely circulated on the Internet is not going to be stopped through a simple lawsuit.  At the end of the day, Microsoft will need to continually monitor and update its DRM technology understanding that each successive patch will eventually be countered by a newly updated tool. 

The real problem that Microsoft faces is that the recording and movie industries are demanding strict DRM protections before agreeing to release their movies and songs on the Internet.  Hollywood demands these technological protections so that they can maintain an artificially high price for reproductions of their content. 

The problem that consumers face is that DRM technologies are simply computer programs.  They cannot differentiate between lawful copying and unlawful copying.  So, all DRM technologies, to some extent, will hamper the fair use rights of consumers.  Until that issue is addressed, anti-DRM technologies will always have widespread appeal. 

Put another way, few people support piracy, but many support lawful fair use rights.  Producers of Anti-DRM technologies say that their tools are intended to support fair use rights they argue that any misuse by content pirates is just an unintended consequence.  The argument is not far from that of DRM producers:  That the DRM products are intended to secure the legitimate rights of copyrightholders they argue that the effective removal of consumers fair use rights is simply an unintended consequence. 

Until these unintended consequences are addressed, DRM producers and their stealth counterparts will perpetually face off in a modern-day game of cat and mouse.