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November 14, 2005
Sony's Rootkit Infringes the GPL

To add insult to injury, Sony/BMG's CD anticopying rootkit infringes on the GPL. Specifically, the software incorporates portions of LAME - the open source MP3 encoder that is licensed under the LGPL (known as the lesser or colloquially as the library GPL.)

I've always thought there was interesting tension between copyright owners in software and copyright owners in "content." I certainly hope that the software copyright holders sue for maximum statutory damages here.

Posted by hoffmang at 02:47 PM

November 09, 2005
San Francisco Handgun Ban

San Francisco passed its new handgun possession ban. This hits a little close to home as we're looking at moving to the sunnier parts of the City early next year.

The City has tried this before and failed. In 1982 with a case titled Doe V. San Francisco, a California State Appeals court ruled that licensing and registration were explicitly and implicitly preempted by State Law. The current City folks will try to argue that prohibition of handguns is not licensing. However that goes against the logic of the law as there will be some folks who will be permitted to possess handguns despite the ban. Also arguing for implied preemption is that the last attempt to stop purchases of handguns in California was Proposition 15, also in 1982, that was resoundingly rejected by the voters of the state at the state level.

The NRA has already filed suit. Here is the complaint.

Posted by hoffmang at 02:06 PM

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