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Atari Online News, Etc. Volume 06 Issue 44
Volume 6, Issue 44 Atari Online News, Etc. October 29, 2004
Published and Copyright (c) 1999 - 2004
All Rights Reserved
Atari Online News, Etc.
A-ONE Online Magazine
Dana P. Jacobson, Publisher/Managing Editor
Joseph Mirando, Managing Editor
Rob Mahlert, Associate Editor
Atari Online News, Etc. Staff
Dana P. Jacobson -- Editor
Joe Mirando -- "People Are Talking"
Michael Burkley -- "Unabashed Atariophile"
Albert Dayes -- "CC: Classic Chips"
Rob Mahlert -- Web site
Thomas J. Andrews -- "Keeper of the Flame"
With Contributions by:
Paul Caillet
Didier Mequignon
To subscribe to A-ONE, change e-mail addresses, or unsubscribe,
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To download A-ONE, set your browser bookmarks to one of the
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Visit the Atari Advantage Forum on Delphi!
http://forums.delphiforums.com/atari/
=~=~=~=
A-ONE #0644 10/29/04
~ More Spam Suits Filed! ~ People Are Talking! ~ Eiffel Updated!
~ Cheap Ink for Lexmark? ~ Sony's PSP Price Tag! ~ AOL Adds McAfee!
~ Linux Users Scammed! ~ AOL Files 'Spim' Suit! ~ Steem Engine 3.2!
~ Malware Threatens Macs ~ New NASA Supercomputer ~ PayPal Says Sorry!
-* 'Spam King' Gets His Orders! *-
-* Microsoft Revises SenderID Protocol *-
-* Security for Internet Users Is Deemed Weak *-
=~=~=~=
->From the Editor's Keyboard "Saying it like it is!"
""""""""""""""""""""""""""
A week ago, it was "hell froze over". This week, I swore that I saw pigs
fly! The Red Sox took it all this past week. No more "Wait 'til next
year"! That year is now! Last week, I said that the World Series would
seem almost anti-climactic. And, I was right. It seemed too easy, too
predictable. Not that I had really expected the Series to be a 4-game
sweep, because I didn't. But this was a very satisfying victory for
generations of Red Sox fans. Next year, it's gonna be the Cubs!
I'd write more this week, but it's been an exhausting past couple of weeks
watching these games. Another couple of days of watching the highlights of
the past season, and then I can finally get some rest. And enjoy the
thrills for awhile longer!
Until next time...
=~=~=~=
Steem Engine 3.2
Hello,
Steem v3.2 has finally been released. There are quite a few bug fixes
plus great new features:
Emulation Bugs
--------------
Rewrote DMA sound again (Badger Demo and lots of other STE programs).
Fixed some CPU bugs (Wrath of the Demon, Zoolook).
Fixed read-only disk image read sector bug (thanks Jorge).
Fixed big frame bug (War Heli, thanks Jorge again).
Fixed byte palette bug (lots of mono programs).
Fixed current time seconds bug.
Fixed FDC bug (Chaos Strikes Back Replicants crack).
Fixed FDC IO access bug (White Spirit Demo).
Allowed programs to set the time/date (Sewer doc displayer).
Lots and lots of other stuff (cheers Jorge).
Other Bugs
----------
Made Steem work again on Windows 95.
Fixed multiple save over last snapshot undo bug.
XSteem: Improved non-English keyboard mappings.
New Features
------------
Pasti copy-protected disk image library support (Pasti library will be
released soon).
Disk image database: easy detection of the contents of disk images
(thanks to Keili for all his work).
Vastly improved VSync.
Undo last reset and undo last load snapshot options.
XSteem: More features in disk manager.
XSteem: Web links have returned (and they work now).
XSteem: Added RtAudio library sound.
Debug: Lots of stuff.
The new version is available from the download page:
http://steem.atari.st/download.htm
Also make sure you download the disk image database to enable some of
the new features:
http://steem.atari.st/database.htm
Steem website:
http://steem.atari.st
--
Best regards,
Paul CAILLET
http://music-atari.org
Eiffel Atari PS/2 Interface Updated
Hi,
I have updated the Eiffel firmware 1.0.9 and the hardware (backwards
compatibility), there are some changes and a new cool feature...
An LCD display 2x16 for see clock, temperature, an user message of 8
characters.
Now there are a full Hypertext documentation, and the schema.
There are also an example in C for send the LCD message to Eiffel.
Eiffel works without keyboard driver since v 1.0.7.
Regards,
Didier.
--
Didier MEQUIGNON Aniplayer download: http://aniplay.atari.org
=~=~=~=
PEOPLE ARE TALKING
compiled by Joe Mirando
joe@atarinews.org
Hidi ho friends and neighbors. Well, it's finally here... it's election
time. If you're reading this after Tuesday night, you probably already
know the results of the election. And depending on which side of the
aisle you find yourself on (or which side of the ocean, even) you may be
either relieved or disheartened.
But that's really okay. You see, this system, this experiment, is
self-correcting. If something is off-kilter this time, we'll have
another chance to correct the situation the next time around. True, it's
not the optimum solution, but it's another one of the checks and
balances.
I almost passed over the talk about the election this week, but I got a
couple of emails over the past couple of weeks... some agreeing with
including my opinions on the elections, some disagreeing. And I figure
that anything that generates any interest should be addressed.
I did, however, decide not to voice my preference in the election. I
guess that I'm just not really impressed by my own opinions.
And what of my friends outside the country? Well, more than half the
email I've gotten have been from people outside the U.S.
Some of them expressed displeasure at the mention of politics within the
virtual pages of this magazine, but most of them either stated their
opinions quite well, and without the nastiness that we've come to expect
when dealing with politics.
And that, more than anything else, reminds me that I'm dealing with
"Atari Folk". They're people, like you and I, who've come to understand
(or at least believe) that having options is important. And anything
that keeps our options open... let alone protecting and preserving
them... must be a good thing.
This makes me think back to my college days when I was befriended by a
visiting professor. He was from Poland, and had had a long and
distinguished career. Since his specialty was sociology (or
'ethnography', as he called it), I would read sociology texts into a
tape recorder for him so that he could more easily understand them.
One evening we met for dinner in the campus cafeteria and he had a look
of urgency about him. After a few minutes, he couldn't hold it in any
longer, and he asked me if I have ever seen a program called The McNeil
Lehrer Report.
I was familiar with the premier Public Broadcasting System news show, and
told him so. He was amazed that people were allowed to speak freely...
not only in public, but having it broadcast across the country.
Being from Poland, and being from his time (he was active in 'the
underground' during the second world war, and had lived in a communist
country for more than 30 years after that), he couldn't come to terms
with being able to speak freely without fear of retribution.
But that wasn't the big part of what seemed to shake him. What he found
troubling was that we seemed to take it all for granted; That we didn't
even consider what a gift this was.
I tried seeing things through his eyes for a few moments and I realized
that I just wasn't equipped for it. I too was a product of my
surroundings. But I never forgot the look on his face, or his amazement
with our broadcasts or our taking them for granted.
Since then, I've always tried to NOT take things for granted. Sometimes,
I even succeed.
Well, enough of that. Let's get to the news, hints, tips and info from
the UseNet.
From the comp.sys.atari.st NewsGroup
====================================
'Sam F' asks for help with his CT60:
"Let me start by saying that once in awhile, my Falcon will actually
boot, and then allow rebooting a few times. However, much more often
than not, I just get a white, blank, screen.
Okay, my problem. I start my Falcon, the Falcon and CT60 both get power,
but my fdd does not get checked (no light), and the hdd does not spin
up. All I get on the monitor is a white, blank, screen.
Even if I re-boot, completely power down then power up the
Falcon/CT60...nada, zip, nothing, but a white, blank, screen.
As I noted earlier, once in a awhile, everything works. Falcon/CT60 boot,
the on-screen display of the CT60 info, memory count, hdd check....oh!!!
What a beautiful sight!!!! Then, if I am lucky, I can reboot and see all
that again!!!!! But more often then not, I'll reboot and get a white,
blank,screen.
And what's really frustrating, I can't even get the hdd prepped because I
can't reboot!! All I get is a white, blank, screen.
I know I could send it to Rodolphe and more than likely he will be able
to fix it but, given the cost of the shipping alone (I live in the
U.S.A.), not to mention the distance of the round trip for Falcon
mb/CT60, I have decided to leave that as the ultimate last resort.
So, I hope between all of you, you will recognize what is causing the
problem, and know what the fix is.
Thanks to each and every one of you!!!"
'Coda' tells Sam:
"I'm assuming that the HDD is a 3.5" drive, which you have powered from
the ATX supply. 2 things.
1. What type of IDE cable are you using (40/80pin), and how long is
it? Do you have another you can try? (Try cutting a spare one in half
so you have a short length with a connector at each end).
2. Can you get a multimeter, and test the 12v off the ATX supply?
I think that the garbage you are seeing with HDDriver is when it
doesn't detect the IDE drive properly and you get loads of weird
"~~~~~~~~~~~" when it should say "IDE0: IBM-20040 HUGE MOTHER" or
whatever. The IDE in the falcon is flaky to say the least (its not
buffered at all) so although some people can use 2' IDE cables most of
us have to use short ones (mine didn't work with a standard cable, I
had to cut it down).
As for your white screen problem, like I said check the 12v, and also
have a look at the solder jumpers on the motherboard. They tell the
system what speed ROMS are fitted. They need to be a particular way
for the CT60."
Mark Duckworth tells Coda and Sam:
"Neither of these are the problems. I used several ATX PSU's to try to
get the problem to go away. I also used my working configuration of IDE
cabling/adapters/drives on his falcon and it didn't help. I REALLY tried
to troubleshoot this. It does it in 060 mode and 030 mode.
Sam adds:
"Just another thing to let you folks know, the orange floppy busy light
is constantly on when I get the white, blank, screen thingy...
Well, I tried the Falcon a couple 2 or 3 times this weekend....absolutely
nothing but but....white, blank. screen, no apparent drive activity, and
the orange fdd light on the keyboard stays on.
I think I'm starting to get depressed."
Mark asks Sam:
"Doesn't it work after you hit reset a couple times? I didn't have a
problem getting it booted up. But you know this is a blessing in
disguise. If it breaks reliably it'll be easier to fix."
Mike Freeman adds:
"Just a thought... Have you checked your ST-RAM memory? I once
purchased a 14Mb memory card to upgrade from 4Mb. It was this
ugly-looking reddish-pink colored, really long card. I put it in,
turned on my Falcon, and got the exact same symptoms as yours. It
turned out, one of the solders on the under-side of the card were
touching the metal top of a capacitor. Not a good situation. The only
way to keep it from happening was to use a piece of non-conductive
material (plastic) to cover the capacitor. Bad memory card design, I
think. Anyway, if something is happening with your memory, that could
possibly be a problem. Maybe?"
Thomas Brown adds his experiences:
"Well the only thing I have seen that is similar to that is my TT,
sometimes the memory expansion works its way loose and I get the white
screen.. once I press it back it boots ok so maybe something isn't
seated all the way and it shorts..gonna fix that soon tho (got me a
hot glue gun) I wish you luck on the Falcon."
Derek Mark Edding asks about an internal hard drive for his Falcon:
"I have a leftover 20 GB hard disk from a laptop computer upgrade. It's
an IDE Fujitsu MHM2200AT.
The pinout looks identical to the 2.5" IDE drive inside the Falcon,
although this drive is about half as thick.
If it's possible to use this drive, is there any software available that
would be able to format and partition this drive for the Falcon?
I have the ICD Pro utilities with HDFMT.PRG version 6.23. I suspect that
it is too outdated to work on a hard disk of this size. I see that
ICDFMT.DAT lists drive parameters, so I wonder if there are more updated
parameters available... Or if it would be worth trying to add them for
this drive?"
Mark Bedingfield tells Derek:
"Yes. HDDriver will do the job. Definitely worth it.
http://www.seimet.de/hddriver_english.html "
Barrie at Keychange adds:
"It probably will work but, from experience, you may find the mounting
holes don't fit the bracket and the shield will need cutting to clear
the cable end."
Coda asks Barrie:
"Why wouldn't it fit? Its a 2.5" IDE drive..."
Mark Bedingfield explains:
"The slimline 2.5 inch drive's have there mounting holes in a different
location. 5 minutes with a drill on the Hard drive cradle fixes the
problem."
Greg Goodwin adds his opinion:
"Try the ICD tools. They might well work. Note that TOS 4.04 has a 1
GB partition limit, so you will not be able to use all 20 GB without
supplementing your OS."
Well folks, that's it for this week. Tune in again next week, same time,
same station, and be ready to listen to what they are saying when...
PEOPLE ARE TALKING
=~=~=~=
->In This Week's Gaming Section - PlayStation Portable Price Set!
""""""""""""""""""""""""""""" GTA: San Andreas Hits the Streets!
Batman Begins!
And more!
=~=~=~=
->A-ONE's Game Console Industry News - The Latest Gaming News!
""""""""""""""""""""""""""""""""""
Sony Announces PlayStation Portable Price
Sony Corp. announced a price more fitting of a video-game machine than a
slick movie-playing gadget for its new PlayStation Portable - 19,800 yen
($186).
Ken Kutaragi, Executive Deputy President in charge of Sony's game business,
said he thinks consumers will be pleasantly surprised by the price for the
device, which he said may be worth twice as much.
But he acknowledged the Japanese electronics and entertainment giant
doesn't expect to turn a profit on the machine until the fiscal year that
starts April 1, 2005.
The PlayStation Portable, or PSP, goes on sale in Japan on Dec. 12. Dates
and prices for the United States and Europe are still undecided, although
overseas sales are being planned for the first quarter of next year.
The PSP is Sony's entry into handheld game machines - an area now dominated
by the Game Boy series from Japanese rival Nintendo Co., which makes Super
Mario and Pokemon games.
The PSP, which uses a new disk format, is being billed not only as a game
machine but also as a mobile gadget for watching movies and listening to
music files. But such uses will have to wait.
The standard for films was still under discussion with several movie
studios, and a movie lineup and download services won't be announced for
several months, Kutaragi said.
Sony plans to sell 200,000 PSP machines in the initial shipment, 500,000
by the end of this year, and 1 million by March 31, 2005, in Japan,
Kutaragi said.
Analysts have said the price will be key in determining how well the
machine does against Game Boy.
They had expected a price of about 30,000 yen ($280) because of the
machine's sophisticated functions.
Nintendo, based in Kyoto, has already announced that the Nintendo DS, a
revamped Game Boy Advance with two screens, will go on sale for $150 in the
United States Nov. 21 and 15,000 yen ($140) in Japan on Dec. 2.
Kazuya Yamamoto, analyst at UFJ Tsubasa Securities Co. in Tokyo, said PSP's
fate depends heavily on the movies and music that will become available.
"Sony put up a good fight by setting a price that's cheaper than expected,"
Yamamoto said. "But everything still depends on how widespread it can
become as a game machine."
'Grand Theft Auto' Seen Breaking Games Sales Record
When the violent video game "Grand Theft Auto: San Andreas" hits stores on
Tuesday, its sales could eclipse Hollywood's most successful films, even as
it draws the ire of critics.
Developed by Take-Two Interactive Software Inc. imprint Rockstar Games,
"San Andreas" should sell more than 4.5 million units globally in its first
week, which could make it one of the top sellers of all time, analysts say.
"This will be one of the few video games to sell more copies than the
preceding version," said American Technology Research analyst P.J. McNealy,
noting that the game's predecessor "Grand Theft Auto: Vice City" sold 12
million copies. "The expectations are 13-15 million for this one," he
added.
At about $50 each, first-week sales of 4.5 million units would equal about
$225 million. Should it reach 15 million units, sales of "San Andreas"
would beat U.S. and Canada box office sales of the film "Titanic" by more
than $100 million.
Its debut kicks off a season of blockbusters in the global interactive
game publishing market, which at over $30 billion a year, dwarfs the movie
business.
"San Andreas," exclusive to Sony Corp.'s PlayStation 2 console, will be
followed on Nov. 9 by "Halo 2," made by Microsoft Corp. for its Xbox.
Nintendo Co. Ltd., maker of the GameCube, will have "Metroid Prime 2."
Microsoft said more than 1.5 million copies of "Halo 2" have already been
pre-ordered.
"Grand Theft Auto: San Andreas's" plot revolves around a gangster returning
to a city modeled after Los Angeles, to find his mother has been murdered
and the police have blamed him for another killing. What follows is up to
150 hours of story-driven "gameplay" in which users can steal vehicles,
maneuver out-of-control car chases, and shoot opponents.
"It is very violent (and includes) shooting cops," said Wedbush Morgan
Securities analyst Michael Pachter. "People like being the bad guy. This is
a way of acting out a stupid fantasy."
Pachter adds that Microsoft's "Halo 2" is "every bit as violent, but the
things that you are shooting don't look like people. They look like space
suit guys."
Analysts expect "San Andreas" to stir up similar criticism to "Grand Theft
Auto: Vice City," released in 2002, which was condemned by family values
watchdog groups and Connecticut's U.S. Senator Joe Lieberman, an advocate
of restrictions on violent games.
"Vice City" sales soared as game enthusiasts shrugged off the protests.
Like "Vice City," "San Andreas" carries an "M," or Mature, rating.
According to the Entertainment Software Rating Board, M-rated games feature
intense violence, contain sexual themes and strong language, and is
suitable for persons over 17.
This time, the game will again benefit specialty stores Electronics
Boutique Holdings Corp., and GameStop Corp., as well as larger retail
chains such as Wal-Mart Stores Inc., which monitors the content of the
products it sells.
"If you are Wal-Mart you aren't going to miss out on selling one of the
biggest titles of the year," said analyst American Technology's McNealy.
A spokesman for Wal-Mart was not available for comment.
Fueled by anticipation for "San Andreas," Take-Two shares have been strong
this year. But they slipped 97 cents, or about 3 percent, to $31.58 on
Monday after Banc of America Securities cut its rating to "neutral" from
"buy," citing a lack of other hit titles in its pipeline.
"Beyond GTA, there remain no other blockbuster releases in Take-Two's
lineup," said analyst Gary Cooper in a note to clients. "We have only
moderate expectations for Rockstar's releases after San Andreas (such as
"Midnight Club 3" and "The Warriors")."
Batman Begins Coming in 2005
Warner Bros. Interactive Entertainment, DC Comics and Electronic Arts
announced that the companies have joined forces to bring Batman Begins to
multiple videogame platforms in 2005. In this exclusive co-publishing
agreement, a game based on the upcoming Warner Bros. Pictures' film
starring Christian Bale will be released day and date with the film on the
PlayStation 2 computer entertainment system, the PSP (PlayStation Portable)
handheld videogame system, the Xbox video game system from Microsoft, the
Nintendo GameCube and Game Boy Advance.
"The theatrical release of Batman Begins will be the entertainment event
of the summer. Leveraging our extensive experience with blockbuster
franchises, we look forward to bringing this game to market," said Greg
Richardson, Vice President and General Manager, EA Partners. "The Batman
fiction is rich with style, drama and action - three elements that define
this game and will help plunge players into the heart of the experience."
"Batman Begins is the darker depiction of Batman that we've all been
waiting for, and we are teaming with EA to bring players an edgy, action
game that captures this tale," said Jason Hall, Senior Vice President of
Warner Bros. Interactive Entertainment. "Co-publishing Batman Begins allows
Warner Bros. Interactive Entertainment to continue its involvement in the
development and marketing of quality games based on Warner Bros.
properties."
"We're thrilled to partner with EA and Warner Bros. Interactive
Entertainment to capture the magic of BATMAN BEGINS in a ground-breaking
videogame," said Paul Levitz, President and Publisher of DC Comics. "This
will mark the first time that a Batman video game has been developed to
complement a film event, and we look forward to inviting players to step
into the movie's reality and make the world of Batman their own."
Together, Warner Bros. Interactive Entertainment and EA are overseeing all
development and production aspects of the game, while EA alone will handle
distribution. The companies will lead joint marketing campaigns. The game
is being developed by UK-based Eurocom for the consoles, and by Vicarious
Visions for the handhelds.
The Batman Begins film explores the origins of the Batman legend and the
Dark Knight's emergence as a force for good in Gotham. In the wake of his
parents' murder, disillusioned industrial heir Bruce Wayne (Christian Bale)
travels the world seeking the means to fight injustice and turn fear
against those who prey on the fearful. He returns to Gotham and unveils his
alter-ego: Batman, a masked crusader who uses his strength, intellect and
an array of high tech deceptions to fight the sinister forces that threaten
the city.
Ace Combat 5 Ships For Playstation 2
Leading video games developer and publisher Namco Hometek Inc. announced
today the next installment in its premier aerial combat franchise, Ace
Combat 5 The Unsung War, has shipped to North American retail outlets.
Developed by Namco Ltd. in Japan, Ace Combat 5 is available exclusively for
the PlayStation 2 computer entertainment system.
"Prepare to take flight Ace Combat 5 is finally here," said Garry Cole,
executive vice president at Namco Hometek Inc. "With a diverse offering of
missions and fast-paced action spread across spectacular landscapes, Ace
Combat 5 is destined to fly into the hearts of newcomers and long-time
franchise fans this fall."
Ace Combat 5 engages players in detailed dog fighting missions and intense
squadron command to deliver the most invigorating experience to date in the
renowned ACE COMBAT franchise of games. Players will find themselves
entrenched in an unforgettable aerial experience as they aim to complete
more than 30 missions ranging from air-to-air combat, air-to-ground
fighting, air-to-sea assaults, rescue, recon and more. Impressive graphics
created with satellite imagery and 3D models heighten the action in Ace
Combat 5, as players travel over breathtaking environments inspired by
recognizable real-world landscapes in more than 50 authentic licensed
planes.
With its inclusion of Wingman Command, players of Ace Combat 5 can issue
mid-mission directives to three wingmen and carry out coordinated group
attacks. Players can also experience the game?s addictive Arcade Mode,
which puts reflexes to the test through fast-paced missions measuring speed
and accuracy. In addition, in-game radio communications lend depth,
strategy and realism to the game's dynamic battle sequences.
For more information about Ace Combat 5, please visit
http://acecombat5.namco.com.
=~=~=~=
A-ONE's Headline News
The Latest in Computer Technology News
Compiled by: Dana P. Jacobson
Security for Internet Users Deemed Weak
Internet users at home are not nearly as safe online as they believe,
according to a nationwide inspection by researchers. They found most
consumers have no firewall protection, outdated antivirus software and
dozens of spyware programs secretly running on their computers.
One beleaguered home user in the government-backed study had more than
1,000 spyware programs running on his sluggish computer when researchers
examined it.
Bill Mines, a personal trainer in South Riding, Va., did not fare much
better. His family's 3-year-old Dell computer was found infected with
viruses and more than 600 pieces of spyware surreptitiously monitoring his
online activities.
"I was blown away," Mines said. "I had a lot of viruses and other things I
didn't know about. I had no idea things like this could happen."
The Internet always has had its share of risky neighborhoods and dark
alleys. But with increasingly sophisticated threats from hackers, viruses,
spam e-mails and spyware, trouble is finding computer users no matter how
cautiously they roam online.
The technology industry is feeling the pain, too.
Spurred by the high costs of support calls from irritated customers - and
fearful that frustrated consumers will stop buying new products - Internet
providers, software companies and computer-makers are making efforts to
increase awareness of threats and provide customers with new tools to
protect themselves.
Still, many computer users appear remarkably unprepared for the dangers
they face.
The study being released Monday by America Online and the National Cyber
Security Alliance found that 77 percent of 326 adults in 12 states assured
researchers in a telephone poll they were safe from online threats. Nearly
as many people felt confident they were already protected specifically from
viruses and hackers.
When experts visited those same homes to examine computers, they found
two-thirds of adults using antivirus software that was not updated in at
least seven days.
Two-thirds of the computer users also were not using any type of protective
firewall program, and spyware was found on the computers of 80 percent of
those in the study.
The survey participants all were AOL subscribers selected in 22 cities and
towns by an independent market analysis organization.
The alliance, a nonprofit group, is backed by the Homeland Security
Department and the Federal Trade Commission, plus leading technology
companies, including Cisco Systems, Microsoft, eBay and Dell.
The group's chief, Ken Watson, said consumers suffer from complacency and
a lack of expert advice on keeping their computers secure. "Just like you
don't expect to get hit by a car, you don't believe a computer attack can
happen to you," Watson said.
"There really is quite a perception gap," agreed Daniel W. Caprio, the
Commerce Department's deputy assistant secretary for technology policy.
"Clearly there is confusion. We need to do a better job making information
and practical tips for home users and small businesses available."
Wendy Avino, an interior decorator in Lansdowne, Va., said researchers
found 14 spyware programs on her borrowed laptop and noticed that her $50
antivirus software was not properly configured to scan her computer at
least monthly for possible infections.
"We don't go in funny chat rooms, I don't open funny mail," Avino said. "If
it says 'hot girls,' I delete it. We do everything in the right way, so how
does stuff get in there?"
She complained she was misled believing her commercial antivirus and
firewall programs would protect her from all varieties of online threats;
most do not detect common types of spyware.
"It is very complicated for the average home user," said Ari Schwartz, an
expert on Internet threats for the Center for Democracy and Technology, a
Washington civil liberties group.
"There's a lack of accountability all around, from consumers who don't
believe they should have to do this to companies who blame the consumer.
It's finger-pointing back and forth," Schwartz said.
Microsoft's chairman, Bill Gates, said the company spent nearly $1 billion
on its recent upgrade to improve security for customers using the latest
version of its Windows software.
AOL purchased full-page advertisements in major newspapers this month
pledging better security for its subscribers. Dell has begun a campaign to
educate customers how to detect and remove spyware themselves.
The government is increasingly involved, too.
The FTC this month filed its first federal court case over spyware. The
House overwhelmingly approved two bills to increase criminal penalties and
fines over spyware. The Homeland Security Department offers free e-mail
tips for home Internet users to keep themselves secure.
Microsoft Revises Anti-Spam Standard
Microsoft Corp. on Monday said it had revised its proposal to weed out
"spam" e-mail to win over skeptical Internet engineers who have been
reluctant to adopt technology owned by the dominant software company.
Microsoft officials said they have revised their SenderID protocol to work
better with an existing standard and have narrowed their patent application
to make sure it does not cover other proposals.
The changes have won over at least one important player. America Online
Inc., a division of Time Warner Inc., said it would now begin testing the
protocol again after abandoning it one month ago.
Spammers often appropriate the e-mail addresses of others to slip through
content filters, a tactic known as "spoofing."
Microsoft's Sender ID is one of several proposals that would allow America
Online and other Internet providers to check that a message from
joe@example.com actually comes from example.com's server computers.
Messages that do not match up could be safely rejected as spam.
The technology would be invisible to everyday users.
Microsoft in May combined its Sender ID proposal with another developed by
entrepreneur Meng Wong and submitted them to the standards-setting Internet
Engineering Task Force for approval.
But several key players said they would not use the standard because
Microsoft holds patents on the underlying technology, even though Microsoft
has said it will not charge for its use.
Ryan Hamlin, general manager of Microsoft's anti-spam group, said the
patent was necessary to protect the company from frivolous lawsuits.
SenderID and Wong's Sender Policy Framework proposal work in slightly
different ways. SPF checks the "bounce" address provided to return
undeliverable mail, while SenderID looks at another address buried deeper
within technical routing records.
Microsoft's approach is designed to help catch fraudulent "phishing"
messages that disguise themselves as banks or other legitimate businesses
in a bid to collect bank-account numbers and other sensitive information,
Hamlin said.
"Now you have a framework that will encompass both of those checks
together," said Carl Hutzler, AOL's director of anti- spam operations.
Microsoft said it had resubmitted SenderID to the IETF for approval.
AOL Reconsiders, Backs Sender ID
America Online is giving Microsoft a second chance by agreeing to support
the software giant's anti-spam technology that it previously had rejected.
AOL decided to reconsider using Sender ID after Microsoft went back to the
drawing board and submitted a new version of the e-mail authentication
application to the Internet Engineering Task Force (IETF).
Company spokesperson Nicholas Graham told NewsFactor that AOL collaborated
with Microsoft on the new specification, stressing the need for
compatibility with a large group of Internet domains.
"The bottom line is that we have to get moving on the testing phase for all
e-mail authentication technologies," Graham said. "This is a long-term
process, and we have to get it right because spoofing, phishing and other
spam attacks are a serious problem that is getting worse."
Last month AOL dropped its support of Sender ID, citing "serious, technical
concerns" that the technology is not backward-compatible with the
alternative Sender Policy Framework (SPF) specification AOL and others use
to fight phishing attacks and other spam e-mail. The alleged
incompatibility is a result of recent changes to the protocol and a
substantial change from the original SenderID plan, AOL claimed.
Other concerns about the Microsoft-backed anti-spam protocol included
potential patent issues and a generally lukewarm reception from the
open-source community. AOL said it would offer SPF-only checking on inbound
e-mail for the time being.
These issues were brought to the attention of Microsoft and others in the
online industry, including members of the Messaging Anti-Abuse Working
Group (MAAWG) and the IETF community. "A new Sender ID version is being
submitted to the IETF that we believe fully addresses and answers AOL's
concerns," AOL says in a statement.
Sender ID represents the merger of two parallel applications: one from
Microsoft, called Caller ID, and the SPF. Microsoft owns two parts of
Sender ID, called "the core" and Purported Responsible Address (PRA), and
recently filed a patent application to cover part of the technology.
Microsoft revised the spec to ensure compatibility with all SPF records and
now accepts some 60,000 or so domains, enabling customers to choose between
the "from" address verification or a PRA.
The new Sender ID spec enables AOL and others testing SPF to offer their
input in the approval process, and it means that the 100,000 domains
publishing SPF records do not have to change their DNS listings, AOL states.
Meanwhile, AOL plans to pursue alternate technologies to improve sender
identification in e-mail, including Yahoo's Domain Keys and Cisco Systems'
Identified Internet Mail applications.
'Spam King' Ordered to Disable Spyware
A federal judge has ordered a man known as the "Spam King" to disable
so-called spyware programs that infiltrate people's computers, track their
Internet use and flood them with pop-up advertising.
U.S. District Judge Joseph DiClerico issued a temporary restraining order
Thursday against Stanford Wallace and his companies, SmartBot.net Inc. of
Richboro, Pa., and Seismic Entertainment Productions Inc. of Rochester.
SmartBot's principal place of business is Barrington.
Prosecutors sought the injunction on behalf of the Federal Trade
Commission, which targeted Wallace in its first anti-spyware action.
The judge ordered Wallace to remove software code that exploits security
holes in computer operating systems and Web browsers, then tracks people's
Internet use to bombard them with pop-up ads.
Wallace also is accused of trying to sell computer users $30 remedies
called "Spy Wiper" and "Spy Deleter" that the FTC says don't work.
"Spyware" describes a broad category of software that can be installed
through unsafe e-mails or Web pages. It sometimes is bundled with other
software that consumers download and install, such as file-sharing programs
that can be used to download music and movies illegally.
Spyware programs quietly monitor which Web sites a consumer visits, and
some may even redirect users to different sites. They can make computers
sluggish or cause them to crash.
"We see it as good relief for consumers," FTC attorney Laura Sullivan said
of DiClerico's order. She could not say how pervasive Wallace's spyware
was.
Wallace's lawyer, Ralph Jacobs of Philadelphia, said Wallace wants "to use
the Internet for advertising in lawful and proper ways."
"There are a wide range of advertising practices on the Internet that use
some of the techniques the FTC objects to, and the defendant looks forward
to an opportunity to establish exactly what advertising practices are
allowable," Jacobs said.
Wallace formerly headed a company called Cyber Promotions in the 1990s that
sent as many as 30 million junk e-mails daily to consumers, earning him the
nicknames "Spamford" and "Spam King." He left the company after lawsuits by
America Online and CompuServe.
The judge scheduled a hearing for Nov. 9.
Defendants Accused of Sending Spam
Three people who allegedly sent America Online customers millions of junk
e-mail messages touting penny stocks and other Internet gimmicks went on
trial Tuesday in the nation's first such felony case.
The defendants are being tried under a 2003 Virginia anti-spam law that
prosecutors say is the harshest of its kind in the nation.
The three face up to 15 years in prison if convicted on all three counts.
Assistant Attorney General Russell McGuire told jurors that on one day
alone in July 2003, defendant Jeremy Jaynes sent or attempted to send 7.7
million e-mail messages to AOL customers using false identities or bogus
company names. The goal of the messages was to sell software that would
allow a person to work from home as a "FedEx refund processor" or that
would help them pick the right penny stocks.
He said the suspects used false identities to evade AOL's spam filters.
"When you masquerade your identity, that's when you have a problem,"
McGuire said.
Defense lawyers countered that sending spam is not illegal under Virginia
law unless prosecutors can prove that the defendants intentionally masked
its origin and can prove that the junk e-mail was unsolicited. They said
prosecutors will be unable to meet that burden.
"Marketing via the Internet is not a crime," said Thomas Mulrine, attorney
for defendant Jessica DeGroot. "It may be annoying to you, but it's not a
crime to market on the Internet."
Jaynes and DeGroot, who are siblings, and the third defendant, Richard
Rutkowski, are all from the Raleigh, N.C., area, but are on trial in
Virginia because they allegedly sent their spam to customers of AOL, which
has its servers at its Virginia headquarters.
While other states have passed spam laws in recent years, Virginia
authorities say theirs goes further than others because it gives
prosecutors the power to seize assets from those sending bulk e-mail while
imposing up to five years in prison.
E-Mail Scam Dupes Linux Users
Red Hat Inc. on Saturday warned users of an e-mail scam designed to plant
malicious code on users' systems. The malicious e-mail poses as a security
update from the vendor, a technique that has become familiar to Windows
users, but is a novelty in the Linux world.
The e-mail, which has been circulating since late last week, says it
originates from the "Red Hat Security Team" and urges users to download a
patch fixing vulnerabilities in the ls and mkdir file system utilities. To
add a veneer of authenticity, the scammers used an authentic-seeming domain
name, fedora-redhat.com, to host the malicious download.
"The Red Hat Security Team strongly advises you to immediately apply the
fileutils-1.0.6 patch. This is a critical-critical update," the message
says. The e-mail message and the site contained instructions for
downloading, decompressing and installing the false update.
The fedora-redhat.com domain name was reported to have been displaying the
fake security message as late as Sunday, but by Monday morning it was no
longer available. Fedora is Red Hat's Linux distribution for technology
enthusiasts and hobbyists; the company maintains an authentic Fedora site
at fedora.redhat.com.
Red Hat became aware of the scam on Saturday, and issued an advisory on the
front page of its security site. "These trojan updates contain malicious
code designed to compromise the systems they are run on," said Red Hat
Security Response Team leader Mark Cox on Monday, in a statement provided
to eWEEK.com.
Cox said the company never sends unsolicited security messages and noted
that all genuine messages and packages are signed with a GPG (Gnu Privacy
Guard) digital signature, the details of which are available on Red Hat's
site http ///www.redhat.com/security/team/key.html.
Windows has been hit by several worms that spread via e-mails masquerading
as security patches; for example, a version of the Dumaru worm last year
spread via fake Microsoft e-mails. A related problem is the proliferation
of phishing e-mails, which lure users (on any platform) to a supposedly
authentic Web site, where they are induced to enter sensitive information
such as bank account details and passwords to e-commerce accounts.
Microsoft, Others File More Anti-Spam Lawsuits
Microsoft Corp. and other Internet access providers filed three new
lawsuits on Thursday to stop the spread of unsolicited e-mail messages
touting everything from home refinancing to miracle health cures.
At the same time, America Online, a unit of Time Warner Inc., filed a
lawsuit in federal court in Alexandria, Virginia, targeting "spim," or
unsolicited messages sent to users of its instant messaging service.
Microsoft, the world's largest software maker, and AOL, EarthLink Inc. and
Yahoo Inc. filed the lawsuits "against those who strain our consumers'
inboxes with unwanted and deceptive e-mail, many carrying and transmitting
malicious code, spyware and links to phishing sites."
"Phishing" is the practice of sending bogus e-mails that try to trick
people into revealing private financial information for purposes of
identity theft.
Microsoft filed its lawsuits in federal courts, while the other companies
brought separate lawsuits in other state and federal courts.
Microsoft has used its legal muscle to launch a barrage of lawsuits against
spammers over the past year in an attempt to curb the spread of unsolicited
e-mail. The company, based in Redmond, Washington, is involved in more than
100 legal cases against spammers.
Microsoft's lawsuits said Steven Blaier and his business Herbal
Technologies, as well as other as yet unidentified spammers illegally sent
untraceable e-mails claiming to be from AOL, Yahoo or EarthLink, in
violation of the CAN-SPAM federal law.
Steven Blaier was not immediately available for comment, and calls to
Herbal Technologies went unanswered.
AOL's lawsuit is the first of its kind targeting messages transmitted,
often anonymously, to users of instant text-swapping messages and chat
rooms.
"We will put up every roadblock that we can to stop this," said AOL
spokesman Nicholas Graham.
The four companies joined hands last year in an alliance to fight the
spread of spam.
AOL Files Lawsuit Against IM 'Spim'
America Online Inc. said Thursday it had filed a federal lawsuit accusing
numerous unnamed defendants of violating federal and state laws by sending
bulk messages known as "spim" to instant message accounts and Internet chat
rooms.
The lawsuit, filed late Wednesday in federal court in Alexandria, Va.,
marked the first time AOL has expressly targeted spim in a legal action.
AOL and its Anti-Spam Alliance partners - EarthLink Inc., Microsoft Corp.
and Yahoo Inc. - also said Thursday that they had filed another series of
lawsuits targeting spam, the bulk e-mail messages that can clog e-mail
inboxes and annoy some users. The lawsuits were filed in courts in Georgia,
Virginia, Washington and California.
The lawsuits accuse defendants of violating laws including the federal
CAN-SPAM Act. The law prohibits senders of spam from disguising their
identity by using a false return address or misleading subject line, and it
bars senders from collecting addresses from Web sites.
AOL to Give Away Anti-Virus Software to Members
America Online plans to offer its 23.4 million U.S. subscribers a premium
anti-virus software service, McAfee VirusScan Online, for free in November.
The online unit of Time Warner Inc. had previously charged about 2 million
of its dial-up and high speed Internet subscribers an additional $2.95 a
month to be able to scan incoming email, downloads and a user's desktop PC
files.
"We don't think virus protection is something nice to have. It's a
must-have," said Danny Kricher, executive vice president of AOL.
Non-AOL members would have to pay $40 a year for McAfee's subscription
package.
The software will be available when subscribers download a new version of
AOL's client software, AOL 9.0 Security Edition, in November.
Mac Users Face Malware Threat
Security experts are warning users about a malicious script for Apple's
Mac OS X. The worm can harvest passwords, destroy data and install remote
control software and backdoors onto a user's computer.
Dubbed 'Opener' by Mac user Web sites, the worm is a Unix shell script that
tries to turn off OS X's firewall, and then downloads and installs various
remote-control and password-cracking applications.
Further information about the malware, which antivirus companies Sophos and
Symantec are calling 'Renepo,' can be viewed at Sophos' Web site.
"The worm can turn off the Mac OS X firewall and other security software;
will download and install hacker tools for password-sniffing and cracking;
will make key system directories world-writeable; and will create an
admin-level user for later system abuse," Sophos says in a statement.
"Renepo also turns off accounting and logging to help hide its presence."
"You do not want the Renepo worm anywhere near your Mac OS X network,"
Graham Cluley, senior technology consultant for Sophos, says in the
statement.
"Renepo makes so many security-related changes to your systems that all
bets are off once you have been compromised. Because the worm attempts to
harvest user, configuration and password data for a wide range of
applications, it represents a huge security headache for all administrators,
creating a backdoor to leave infected computers vulnerable to further
attack."
The Sophos statement says that Renepo has not been seen in the wild to
date. However, Renepo can be considered a warning to Macintosh users not to
be complacent about the malware threat, the antivirus company said.
"This is a shot across the bows rather than a pressing immediate danger to
Mac environments," Cluley said. "The Renepo worm reminds Mac users, who may
have felt smug that most viruses target the Microsoft Windows market, to be
careful not to turn a blind eye to security."
Although it is malicious in intent, Renepo has no effective method of
automatically propagating itself and, as a result, poses little threat at
the moment, Sophos said.
The worm tries to copy itself to any drive connected to the infected
computer, including local drives and drives on servers or remote computers,
but relies on someone with administrator privileges running it in order to
install itself to the computer's startup software. Once it is in the
startup program, it will fire up every time the computer is switched on.
"From our side, we have not received a single infection report from any of
our customers," Joe Hartmann, a spokesperson for antivirus firm Trend Micro,
told NewsFactor.
"We don't expect it (Renepo) to spread very far. If it was not for the fact
that it runs on the Mac platform, it would be just another piece of
malicious code. We typically get 500-1,000 new pieces of malware every
month. We have literally seen thousands of similar pieces of code for other
OS platforms, especially Windows.
On the other hand, very few Mac users use antivirus software, since there
have been so few viruses and other malware, he noted. "It will be
interesting to see if more hackers and malicious code authors will focus on
the Mac OS again," he said.
Like Cluley, Sophos senior security analyst Chris Kraft advises Mac users
not to be complacent about security.
"I think people generally believe that Macs, particularly those running
Mac OS X, will not get viruses," Kraft said. "But while Renepo is not a
mass-market virus, it is quite feasible that a virus could run through the
Mac community."
Sophos was the first to identify this worm, Kraft told NewsFactor.
"In this case, it came through our own proprietary methodology as opposed
to the collaborative technologies that we share with other vendors," Kraft
noted.
However, Symantec claims that it was the first to find the worm. Symantec
has had a definition in place for this worm since October 22nd, predating
Sophos' claim by three days, according to Blake Hodgetts, principal software
engineer, Macintosh products, Symantec Corp.
Hodgetts also notes that Symantec has had a direct customer report of an
infection by this worm.
"Apple's success in the desktop and handheld-device markets meant that the
appearance of this kind of malcode was a racing certainty," Phebe
Waterfield, an analyst in Yankee Group's security solutions & service unit,
told NewsFactor.
"All widely used platforms are a target for virus writers and hackers;
attackers know that at least a few machines in every hundred will not be
secure and may contain valuable information. Highly technical folks may
move to even more obscure operating system platforms, but most Mac users
are faced with making antivirus and patching a regular practice, just as
they are on Windows.
Apple needs to make security a part of its mission, she said. "Microsoft was
in the same position a few years ago, but the strategy of ignoring security
problems only worked for so long.
"An appropriate response toward security issues from day one will make sure
Mac continues to be seen as a secure platform. Apple could, for example,
add security response as a customer service, improve support for desktop
security products, and make it easier for users to download critical
security updates."
Feds Indict 19 on Online ID Theft Charges
Federal authorities have indicted 19 people in the United States and abroad
on charges related to a Web site investigators claimed was one of the
largest online centers for trafficking in stolen identity information and
credit cards.
More than 20 others have also been charged in the probe.
The site, www.shadowcrew.com, had about 4,000 members who dealt with at
least 1.7 million stolen credit card numbers and caused more than $4
million in losses, the Justice Department said Thursday.
Federal agents gained control of the site during a yearlong undercover
investigation by the Secret Service and other agencies, Assistant U.S.
Attorney Scott S. Christie said.
"It allowed the agents to more closely monitor the criminal conduct that
was going on, and also to arrange for undercover purchases of illegal
merchandise from various targets," Christie said.
Authorities believe they have charged and arrested much of the leadership,
including Andrew Mantovani of Scottsdale, Ariz.; David Appleyard of
Linwood, N.J.; and Anatoly Tyukanov, of Moscow, he said.
The Shadowcrew site on Thursday declared it is "For those who wish to play
in the shadows!"
By early evening, however, that slogan had a line drawn through it, and the
page bore a picture of a man behind bars and announced, "Activities by
Shadowcrew members are being investigated by the United States Secret
Service. Several arrests have recently been made ... with many more to
follow."
The 62-count indictment, handed up by a federal grand jury in Newark, said
the site was dedicated to aiding computer hackers and also distributed
stolen bank account numbers and bogus documents such as driver's licenses.
The investigation has led to the arrest of 21 people in the United States
and about 20 in Argentina, Bulgaria, Canada, Estonia, Poland, Sweden and
the United Kingdom, Christie said. Some have not yet been indicted.
Names of lawyers for the suspects were not immediately available.
The indictment includes charges of conspiracy, trafficking in stolen credit
card numbers and unlawful transfer of identification documents, among
others. The penalties range from three years to 15 years in prison.
PayPal Says 'Sorry' by Waiving Fees for a Day
PayPal wants to repay its users for dealing with its recent spate of
sporadic outages by giving back a day's worth of fees.
The online payment service, owned by eBay Inc., announced Wednesday that it
will credit its premier and business account members for all transaction
fees they pay this Thursday. The payback will cover transactions posted
between midnight and 11:59 p.m. PDT.
In a note to customers, PayPal said the offer serves as an apology for the
recent site problems and as a thank-you to customers for their business.
Earlier this month, PayPal battled on-and-off service outages for about
five days following a site upgrade. The company blamed glitches in the
software update.
Users at the time said they lost sales because of the interruptions. Some
online merchants and sellers on eBay, which uses PayPal, were unable to
complete their sales.
PayPal, which has about 50 million user accounts, said it would
automatically credit accounts for the transition fees by Nov. 25. The offer
covers the United States but does not apply in 17 other countries listed in
the note.
New Supercomputer Claims to Be Fastest
The builders of a new NASA supercomputer claim the 10,240-processor machine
is the fastest in the world - an exciting prospect for researchers even if
the speed title has yet to be officially bestowed.
Project Columbia, named for the space shuttle that was destroyed in early
2003, was built in less than 120 days at NASA's Ames Research Center. The
cluster of 20 computers working as one will be used to speed up spacecraft
design, environmental prediction and other research.
At the $50 million machine's public unveiling Tuesday, the science shared
the stage with claims of record-setting performance from system-builder
Silicon Graphics Inc., processor-provider Intel Corp. and NASA.
It's been a sore issue for the U.S. technology industry since June 2002,
when a system built outside the United States topped a list of
supercomputers compiled by an independent group that verifies performance
claims. Japan's Earth Simulator has led the race ever since.
That could change next month, when the Top500 Project releases its
twice-yearly rankings at a supercomputer conference in Pittsburgh.
Using just 16 of Project Columbia's 20 installed systems, the computer
achieved a sustained performance of 42.7 trillion calculations per second,
or teraflops.
"If you could do one calculation per second by hand, it would take you a
million years to do what this machine does in a single second," said G.
Scott Hubbard, Ames' director.
By comparison, Earth Simulator's sustained performance is 35.86 teraflops.
The competition for the top spot will be fierce. Last month, IBM announced
the results of its Blue Gene supercomputer, which claimed its sustained
performance was 36.01 teraflops. Because the machine is not yet finished,
it could still come up on top.
An IBM spokesman did not immediately return a message seeking comment.
There may also be some improvement for Project Columbia. Its numbers were
achieved using only four-fifths of its processors. Officials declined to
comment on what the sustained performance might be when all 10,240 Itanium
2 processors are deployed.
But NASA officials, while touting Project Columbia's performance, said the
system - even if it's not officially the fastest - will have a major impact
on scientific and engineering research around the nation. Such work has
already started, they added.
On Tuesday, an experiment was being run to determine if the extra computing
horsepower could be harnessed quickly to respond to a simulated space
shuttle problem.
Previously, it took as long as three months to run the calculations,
Hubbard said.
The new supercomputer also is being used to process global climate data
from satellites to improve hurricane landfall forecasts. It also will help
design space vehicles, model the behavior of interplanetary radiation and
the help find life beyond Earth.
"We're going to have an impact that will be nationwide, if not worldwide,
on weather, engineering design, on astronomy, on earth science, and we're
going to see enormous, incredible results," Hubbard said.
Court May Clear the Way for Cheaper Ink
A federal appeals court this week struck a blow against Lexmark
International's attempt to protect its share of the lucrative market for
refill printer cartridges. The court vacated a preliminary injunction that
barred Static Control Components (SCC) from selling computer chips enabling
third-party manufacturers to clone Lexmark's cartridges.
District Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth
Circuit, in Cincinnati, delivered the court's opinion that Lexmark had not
established a likelihood of success on any of its claims against SCC and
should not have been granted a preliminary injunction. His ruling details
a series of legal errors in the district court's decision.
Lexmark, headquartered in Lexington, Kentucky, sued Sanford, North
Carolina-based SCC in late 2002 in U.S. District Court for the Eastern
District of Kentucky, alleging copyright infringement and Digital
Millennium Copyright Act (DMCA) violations.
The district court favored Lexmark's arguments and granted the injunction
in March 2003, but a later interpretive ruling by the U.S. Copyright
Office cast doubt on the DMCA grounds Lexmark used to establish its case.
SCC retired the disputed Smartek chips in accordance with the preliminary
injunction, but in March 2004 it began selling a new line of chips to
enable cloned cartridges to function in Lexmark printers.
In the printer market, the big money comes not from selling the devices
but from selling supplemental products like refill cartridges. Printer
makers strongly encourage their customers to buy cartridges directly, but
Lexmark took its campaign a step further by locking out products from
third-party manufacturers.
The Lexmark/SCC case is closely watched for the precedent it will set, as
the two vendors test whether copyright law protects software used to
inhibit interoperability between one vendor's products and those from its
rivals.
Sutton argues that it does not. "Lexmark's market for its toner
cartridges... may well be diminished by the Smartek chips, but that is not
the sort of market or value that copyright law protects," he writes in the
ruling.
Lexmark did not promptly respond to a request for comment. SCC issued a
written statement praising the decision. "The Sixth Circuit's ruling
solidifies and supports our position that the DMCA was not intended to
create aftermarket electronic monopolies," says Chief Executive Officer Ed
Swartz.
Sutton's decision focuses on technical aspects of the protection methods
Lexmark used, but a second court judge, Gilbert Merritt, writes a
concurring opinion advocating a firmer stance against Lexmark.
"We should make clear that in the future companies like Lexmark cannot use
the DMCA in conjunction with copyright law to create monopolies of
manufactured goods for themselves," Merritt writes.
A third court judge wrote a mixed opinion concurring on most points but
dissenting on a few technical matters. The court as a whole noted that its
opinion concerns only the preliminary injunction, and leaves a decision on
a permanent injunction in the hands of the district court, to which the
case will now return.
Merrill Lynch analyst Steven Milunovich says in a research note that he is
"somewhat surprised" at the appeals court ruling but does not expect it to
significantly affect Lexmark's business.
"[We] expect Lexmark to continue to press its legal case. We
would also not
be surprised to see the company adjust the digital handshake technology to
make it harder for Static Control to circumvent in future cartridges," he
writes.
=~=~=~=
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