They threw everything they could at him, and in the lower court, the Trademark over the
name (& logo?) of the company stuck a bit, but was a loser. The trade secret claim,
which is under state unfair competition law, was decided in favor of the lock company.
Fanberg appealed. This is the opinion from the appellate court reversing the lower
court's decision that Fanberg had misappropriated trade secrets.
In order to qualify as a trade secret, you need only have confidential stamps on it or
physical barrier to secure the what-not. Encrypting something would be a partial de facto
way of asserting trade secret protection, most definitely. What counts as eligible to be
protected as trade secrets? Most accurately vague definition I can think of is know-how.
People often associate it with "the secret sauce" in Coke, Big Macs, etc.. Many
of you may have come across it in your employment agreement laying out what you can't
take with you when you leave.
sent from
On Feb 28, 2013, at 11:06 AM, Anon195714 <anon195714(a)sbcglobal.net> wrote:
Hi Eddan-
So was Ace asserting some kind of copyright or other IP control over the correlations
between the key codes and the locks? That's funny: like copyrighting the names &
numbers in the phone book;-)
What kind of lawful right would Ace have had to control those codes? I don't see
any.
Classic case of "security by obscurity" in the face of the data being openly
available to anyone who just looks. That plus Ace not having adequate steps in place to
verify the identity of people asking for duplicate keys ("security by
laziness";-). (As if any burglar is going to order keys and wait a week to get them,
when smashing a window provides instant gratification?)
Meanwhile, it's since been demonstrated that Ace locks and other tubular locks of
same size, are tremendously easy to pick with a tool anyone can make from a Bic pen
housing.
To my mind the main value of learning to pick locks is to become more aware of one's
own security environment: particularly the degree to which we very often depend on crappy
locks, and then, with the newly-acquired situational awareness about locks, the degree to
which we very often leave open all manner of other security holes in our physical
surroundings. Nothing says "replace your front door lock now!" like being able
to pick it with two paper clips in less than a minute. And then you look at the big
window right next to the front door... and the un-shredded bills you put in the recycle
bin with your name & account numbers all over them... and the valuables in the back
seat of your car... etc.
Next is the ability to get into places one has auth to be in: such as when one locks
oneself out of one's own house or car (or in my case, PBX room on client site after
hours, blush...).
Equally is the ability to do likewise for friends (have done that a handful of times).
And from that, the generalization to our entire subculture, of the degree of security
awareness we should have all the time.
Picking locks is like being able to disassemble, clean, and reassemble a firearm: that
skill does not make a law-abiding person start contemplating committing murders. But it
might make one start to think more about personal safety on the streets at night.
Lastly, I'll fess up to something. I think it's cool as hell when people who
ordinarily hack around with software, start hacking around with _mechanical_ stuff.
I'm bigtime in favor of people learning how to hack around with _mechanical_ stuff.
"Physical layer" as new playground. To this list add your home appliances (the
ones with motors in 'em) and rotary dial phones, but that's another topic for
another day.
TTYs-
-G.
=====
On 13-02-28-Thu 10:35 AM, Eddan Katz wrote:
Chicago Lock v. Fanberg is the case I was telling
you about last night, J.D. -
http://scholar.google.com/scholar_case?case=17605115413487325945.
Author of lock-picking manuals gets sued by the manufacturer of the locks. Chicago Lock
loses on its trade secret misappropriation claim. Here's an excerpt from the facts of
the case -
Appellant Victor Fanberg, the son of locksmith Morris Fanberg and a locksmith in his own
right, has published a number of locksmith manuals for conventional locks. Realizing that
no compilation had been made of tubular lock key codes, in 1975 Fanberg advertised in a
locksmith journal, Locksmith Ledger, requesting that individual locksmiths transmit to him
serial number-key code correlations in their possession in exchange for a copy of a
complete compilation when finished. A number of locksmiths complied, and in late 1976
Fanberg and his father began to sell a two-volume publication of tubular lock codes,
including those of Ace locks, entitled "A-Advanced Locksmith's Tubular Lock
Codes." In 1976 and 1977 Fanberg advertised in the manuals in the Locksmith Ledger
for $49.95 and indicated that it would be supplemented as new correlations became known.
See Excerpt at 95-98. About 350 manuals had been sold at the time of trial. The District
Court found that Fanberg "had lost or surrendered control over persons who could
purchase the books," id. at 98, meaning that nonlocksmiths could acquire the code
manuals.
The books contain correlations which would allow a person equipped with a tubular key
grinding machine to make duplicate keys for any listed Ace lock if the serial number of
the lock was known. On some models, the serial numbers appear on the exterior of the lock
face. Thus, Fanberg's manuals would make it considerably easier4*403 (and less
expensive) for a person to obtain (legitimately or illegitimately) duplicate keys to Ace
locks without going through the Company's screening process. This is what caused
consternation to the Company and some of its customers. At no time did Fanberg seek, or
the Company grant, permission to compile and sell the key codes. Nor did the individual
locksmiths seek authorization from the Company or their customers before transmitting
their key code data to Fanberg.
On 2/27/13 11:20 PM, J.D. Zamfirescu wrote:
more:
http://www.insidebayarea.com/breaking-news/ci_22683660/oakland-mayor-jean-q…
On Wed, Feb 27, 2013 at 10:15 PM, Matthew Senate <mattsenate(a)gmail.com> wrote:
It's awesome, free press!
On Wed, Feb 27, 2013 at 9:40 PM, rusty lindgren <rustylindgren(a)gmail.com> wrote:
> Oh dear gawd. This is possibly the most moronic piece of "journalism" I
have ever seen.
>
> Are they unaware of the fact that you can go to a lock-picking school(actually it
teaches you way more), and that this is just a cheaper version of that? (see:
http://www.lock411.com/training.html).
>
> Also, virtually no crime in Oakland involves skilled lock-picking, because it's
a waste of time.
>
> Don't worry though, you can train in deadly martial arts, go to the shooting
range, and buy ninja swords just about anywhere in Oakland, but picking a Masterlock is
"appalling".
>
> -Rusty
>
>
> On Wed, Feb 27, 2013 at 7:31 PM, Anca Mosoiu <anca(a)techliminal.com> wrote:
>> Hi everyone,
>>
>> Heads up. Looks like some folks aren't too happy that people are learning how
to pick locks this weekend.
>>
>>
http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=9010047
>>
>> Here is Oakland Local's response:
>>
>>
http://m.oaklandlocal.com/article/oaklands-mayor-quan-apologizes-mentioning…
>>
>> Anca
>>
>>
>> --
>> -=-=-=-
>> Anca Mosoiu | Tech Liminal
>> anca(a)techliminal.com
>> M: (510) 220-6660
>>
http://techliminal.com | T: @techliminal | F:
facebook.com/techliminal
>>
>>
>> _______________________________________________
>> sudo-discuss mailing list
>> sudo-discuss(a)lists.sudoroom.org
>>
http://lists.sudoroom.org/listinfo/sudo-discuss
>
>
>
> --
> Cheers,
>
> Rusty Lindgren
>
>
>
>
>
> _______________________________________________
> sudo-discuss mailing list
> sudo-discuss(a)lists.sudoroom.org
>
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