Digital Governance 8: "DVD Jon" Strikes Again!

In an interesting article written by May Wong at the Associated Press, computer hacker Jon Lech Johansen, also known as "DVD Jon," has claimed to have find a way around iPod and iTunes restrictions. These restrictions were put in place by Apple so that any music purchased from iTunes (which is a LEGAL way to download music) will only be able to be played on iPods, not on other mp3 players.

Famous for creating software that unlocked the CSS (Content Scrambling System) which protected DVDs from being copied illegally Johansen has an incredible talent, and he somehow finds the ability to get away with his illegal behavior. While he was charged in Norway for "data break-in" after the film industry complained, he was later acquitted. If indeed his iTunes hacking software becomes a widespread success, and Johansen sells the license of his software to others, will Apple let him get away with it? Will any charges pitted against him eventually be acquitted?

As an avid user of iTunes and iPod (I have a green Mini from 2004 that is already outdated), Johansen and his hacking abilites scare me a little; once again my security is threatened. The way the article was written it seems like Johansen can get away with whatever he does. If indeed he does sell his software license to others, will they be able hack into my iTunes program or tap into my iPod while I'm updating it? Granted, the software appears to be used only so that one could put iTunes-purchased songs onto Sony (or any other brand) mp3 players. However, this doesn't prevent someone out there from taking DVD Jon's software to the next level and tap into iTunes and iPods to steal music and install viruses or spyware. Why can't Johansen be stopped...RIGHT NOW? Twelve-year olds downloading Spice Girls (or whatever their modern day equivilent is) and college students downloading movies and music get sued thousands of dollars all the time, yet the whole world could know about Johansen's behavior and nothing is done to punish him. Then again, who has the authority to do so? Johansen is from Norway, but now he lives in California. Apple iTunes and iPod are used globally. Could Apple even stop him? Once copies of the software are made, different versions could be created and they could spread across the globe almost instantly.

Napster was shut down, so KaZaA and Ares came along. Once these programs slowly started shutting down, Limewire was created. What will be next?

According to the article:

Fred von Lohmann, a staff attorney at the privacy-advocacy group, Electronic Frontier Foundation, said Mr. Johansen is treading carefully this time, consulting with lawyers, but is not necessarily cleared from a legal fight over copy-protection laws.

"There is a lot of untested legal ground surrounding reverse engineering," he said.

Once again, it all boils down to inadequate laws pertaining to technology, specifically "hacking" software (which includes Johansen's creation as well as spyware). Legal cases of this kind have not been tested as often as other kinds of cases. Thus there is a need beef up our laws, but the United States should not be the only ones doing so; there is a need to protect online security and copyrights around the world. It will be interesting to see what Apple does if indeed Johansen's iTune-hacking software is a success.


Little Jon Lech Johansen circa 1986... he's not as innocent as he looks!