Teen Offers Way to Crack Blocking Software

Yesterday an article appeared in the PointCast version of Wired:

" A Tennessee college student has posted a software program on the Web that can be used to decrypt a list of sites blocked by the prominent blocking software Cybersitter. The company that makes the program is furious, and an attorney versed in Net law says the student could face legal action"

"He is violating every intellectual property law ever written," said Solid Oak president Brian Milburn. "It costs us tens of thousands of dollars to maintain that list. It's none of his business what is on that list or what we do with it."

• Off the top of my head, I see at least two defenses to a copyright infringement claim: (i) fair use; and (ii) sweat of the brow (ala Feist).

(i) It seems that a fair use argument could be based on the fact that
cracking the software is the only means to counter Solid Oak's
(CyberSitter's developer) claims that they only block web sites that
are inappropriate for young audiences.

For example, the crack shows that the National Organization for Women web site is part of the "inappropriate" site list.

(ii) sweat of the brow

See Feist. Solid Oak is making the classic (and unsuccessful) argument that they have spent thousands of hours putting together their hit list and are therefore entitled to protection.

Richard Hopkins
<rhopkins[_at_]activision.com> Received on Thu Apr 24 1997 - 21:50:27 GMT