John Dvorak has a must read article on the DIGG controversy (and the larger problem of the legal community's response to the digital era). [Hat-tip: Instapundit]

Meanwhile, I received an unintentionally humorous PR release from Spence publishing regarding the Digg situation - likening copyright disputes to 'soul tarnishing' Internet porn. Some of these people are really desperate...

For immediate release May 4, 2007

Revealing copyrighted information: No better than publishing porn? Expert says the Internet fuels our ‘anything goes' culture

The millions of teens who gave away the secret copy protection numbers on HD-DVDs on Digg.com this week were bad enough. The website's founder, however, went further by arguing that unlawfully revealing secret codes that will cost Americans millions is a "right of free speech." But Silicon Valley expert MICHAEL S. MALONE says disclosing copyrighted information is no better than publishing porn online both exploit the law, hurt others, and tarnish the soul.

Michael Malone, author of Bill & Dave: How Hewlett and Packard Built the World's Greatest Company, believes it's time for website founders the so-called "police force" of the Internet to stand up for what is honest and true.

"Mike Malone is to Silicon Valley what George Orwell was to the Spanish Civil War."

Paul A. Gigot, editor, Wall Street Journal

Questions for Michael S. Malone:

▪ Why did the Digg.com fiasco occur? What now?

▪ Technology affects almost everything these days even how candidates campaign for president. What did Bill Hewlett and Dave Packard have to do with this trend?

▪ Why do you call Hewlett-Packard the "world's greatest company"?

▪ We're hearing good things about Mark Hurd. Can he really bring HP back to the old days?

CREDENTIALS: Michael S. Malone writes a weekly column for ABC. He hosted an award-winning TV show on PBS for eight years and writes about business topics for the New York Times, Forbes, and the Wall Street Journal.

Availability: California and via telephone

"disclosing copyrighted information" - also known as publishing. Who writes this stuff??

1) The DVD constitutes the physical medium upon which a work of art is delivered to the public - published. This DVD is purchased by members of the public who consequently own all the information on the DVD.

2) The DVD player constitutes a computing device that performs the works of art recorded upon DVDs. These players are purchased by members of the public who consequently own all the information within the player.

Information exists upon the DVD and the DVD player that enables the DVD to be performed - without circumventing any TPMs within the DVD or its player.

Some of this information comprises short numeric codes. These codes are not brought to the attention of the purchaser in the hopes that they'll not take the trouble to inspect their purchases to locate them. However, some people have located these codes and published them.

These codes are not copyrightable works.

These codes are required in the normal use of the DVD and player, thus their primary use is the legitimate viewing of the DVD, and not in order to infringe the copyright of the DVD.

Thus, publication of these codes does not violate the DMCA.

So, no copyright infringement, no DMCA violation, no violation of privacy, no unauthorised disclosure of commercial secrets.