Sony uses DMCA to harass Aibo user group http://www.aibohack.com

[Khoder bin Hakkin]

http://latimes.com/business/la-000086726nov01.story?coll=la%2Dheadlines%2Dbusiness%2Dmanual

Sony Dogs Aibo Enthusiast's Site
Courts: The company uses a controversial law to stop
owners from altering the robotic pet. Some consumers balk.

By DAVE WILSON and ALEX
PHAM, TIMES STAFF WRITERS

Sony Corp. is using a controversial U.S.
law aimed at protecting intellectual
property to pull the plug on a Web site
that helps owners of Aibo, Sony's
popular and pricey robotic pet, teach
their electronic dogs new tricks.

                      Aibo owners are outraged, and hundreds
                      have vowed to stop buying Sony
                      products altogether until the company
                      backs off. Sony has sold more than
                      100,000 Aibos worldwide since 1999, at
                      prices ranging from $800 to $3,000.
                      The dogs have spawned a community
                      of enthusiasts who fuss over the
                      mechanical marvels as if they were real
                      canines.

                      Last week, Sony executives sent a letter
                      to the operator of a Web site,
                      http://www.aibohack.com, alleging that
                      much of the site's contents-programs
                      and software tools that can modify the
                      Aibo's behavior--was created and distributed in
ways that
                      violate the Digital Millennium Copyright Act. The
1998 law
                      was designed to combat the duplication of
digitized materials,
                      which can be easily distributed instantaneously
worldwide on
                      the Internet. Violators can face monetary damages
and even
                      prison time, depending on the nature of the
violation. In a
                      prepared statement, Sony officials said they asked
only for
                      removal of material it considered illegal and
encouraged the
                      distribution of Aibo-related materials that they
did not believe
                      infringed the company's rights.

                      Sony sells a number of software kits, usually for
about $150,
                      that allow Aibo users to modify the dog's
behavior. The
                      software tools removed from the Web site are
easier to use and
                      more powerful, according to users--and are
available for free.

                      "We do not support the development of software
that is
                      created by manipulating existing Sony Aibo-ware
code, copying
                      it and/or distributing it via the Internet," the
company said.
                      "This is a clear case of copyright infringement,
something that
                      most Aibo owners can appreciate and respectfully
understand."

                      Critics of the DMCA say the law upsets the
delicate balance
                      between the rights of copyright holders to protect
their
                      intellectual property and the rights of everyone
else to use such
                      items to develop their own works. That has sparked
increasing
                      concern in Congress as scientists, librarians,
researchers and
                      consumer groups have voiced opposition to the law.

                      "On the surface, Sony appears to be using portions
of the
                      DMCA in an attempt to keep people from putting the

                      company's product to new and interesting uses,"
said Cindy
                      Cohn, legal director of the Electronic Frontier
Foundation, a
                      civil rights group. "This is exactly the sort of
thing we've been
                      concerned about."

                      Cohn said that if Congress does not act, the
courts will
                      eventually have to repair the situation. "Sooner
or later, this is
                      going to come to a head," she said. "This is a
critical societal
                      problem. If we can no longer stand on the
shoulders of giants,
                      take a cool thing somebody has made and make it a
little bit
                      cooler, progress is stunted, perhaps irreparably."

                      Bob Harting, a Santa Monica potter, has programmed
his three
                      Aibos--Sparky, Agent Aibo and Aibojangles--to
perform a
                      syncopated dance routine to Madonna's "Vogue."

                      "It's just impossible to do this sort of thing
with the Sony
                      tools," he said, as the dogs danced to the music
in his living
                      room. "I have bought every accessory made for the
Aibo, and
                      nearly every bit of equipment in my
apartment--television,
                      VCRs, computers--is from Sony," Harting said. "But
I'm not
                      comfortable giving them more money until this is
resolved."

                      The man behind Aibohack.com, who goes by the
screen name
                      Aibopet and asked to not be identified, removed
the contested
                      material from the site, leaving it largely empty
except for links
                      to other sites that have organized protests
against Sony. He
                      said he incorporates Sony's code into his programs
but that no
                      one is harmed. His programs give Aibo owners the
ability to
                      manipulate their robot dogs, but only if the user
has a legitimate
                      copy of Sony's software. He said that Sony
benefits from his
                      work because it generates consumer enthusiasm for
Aibo.
                      Although he's upset about being forced to take his
tools off the
                      Internet, he said he has no plans to litigate the
matter.

                      Before Aibohack.com went down, it saw 400 to 600
visitors a
                      day, many of whom downloaded Aibopet's tools. One
of the
                      programs, AiboScope, wirelessly transmits images
from the
                      robot's camera to a computer. Another, Disco Aibo,
programs
                      Aibo to dance when it hears a specific song. The
most recent
                      program is Brainbo, which combines
voice-recognition
                      software with a library of answers to various
questions. Users
                      can ask the robot a question, and it will pull
from the database
                      to lip sync an answer.

                      Aibopet said he has posted more than 1,500
comments, tips
                      and answers to Aibosite.com in the last two years.

                      "I guess you could call it a hobby, but it has
gotten a little out
                      of control at times. I just enjoy programming,"
Aibopet said.
                      "Looking at the last two years, I probably spent
more time
                      doing unpaid technical support for Sony than I
have playing
                      with my dog. But it's been rewarding. I've met
people
                      throughout the world."

                      Experts say Sony risks angering Aibo enthusiasts
to the point
                      that they might hurt sales of Aibo and related
merchandise but
                      could boost sales of its own software tools. It's
a big risk said
                      David A. Aaker, vice chairman of Prophet, a brand
strategy
                      consulting firm.

                      Other companies that have faced similar situations
have made
                      the opposite choice.

                      Lego Co., a Danish company that makes the classic
plastic
                      interlocking children's toy, introduced a
computer-controlled
                      set in 1998.

                      MindStorms, as the kit is called, offers users the
ability to add
                      motors and an onboard computer to control the
creation's
                      behavior. Almost as soon as the toy was
introduced,
                      enthusiasts rewrote the software to allow for more
complex
                      operation. After much consideration, Lego decided
to endorse
                      such hacking, provided that nobody turns their
software into a
                      commercial product and that Lego trademarks aren't
used.

                      "The decision wasn't easy to make," said Lego
spokesman
                      Michael McNally. "We were obviously concerned that
if this
                      got out of hand, we could lose control of what we
hold as our
                      own. But we decided that if we made this easier
for them,
                      they'd be less inclined to change it and dilute
it. In a way, we're
                      protecting our own interests."

                      McNally said the decision has helped build the
Lego
                      community, but he concedes that Lego's decision
was largely
                      made to boost sales.

                      "We're like any other company," he said. "This was
about
                      taking the brand forward, creating a larger fan
base; and what
                      company wouldn't want to do that? It contributes
to the bottom
                      line."