MySQL encrypted streaming backups directly into AWS S3

Overview

Cloud storage is becoming more and more popular for offsite storage and DR solutions for many businesses. This post will help with those people that want to perform this process for MySQL backups directly into Amazon S3 Storage. These steps can probably also be adapted for other processes that may not be MySQL oriented.

Steps

In order to perform this task we need to be able to stream the data, encrypt it, and then upload it to S3. There are a number of ways to do each step and I will try and dive into multiple examples so that way you can mix and match the solution to your desired results.  The AWS S3 CLI tools that I will be using to do the upload also allows encryption but to try and get these steps open for customization, I am going to do the encryption in the stream.

  1. Stream MySQL backup
  2. Encrypt the stream
  3. Upload the stream to AWS S3

Step 1 : Stream MySQL Backup

There are a number of ways to stream the MySQL backup. A lot of it depends on your method of backup. We can stream the mysqldump method or we can utilize the file level backup tool Percona Xtrabackup to stream the backup. Here are some examples of how these would be performed.

mysqldump

When using mysqldump it naturally streams the results. This is why we have to add the greater than sign to stream the data into our .sql file. Since mysqldump is already streaming the data we will pipe the results into our next step

[root@node1 ~]# mysqldump --all-databases > employee.sql

becomes

[root@node1 ~]# mysqldump --all-databases |

xtrabackup

xtrabackup will stream the backup but with a little more assistance to tell it to do so. You can reference Precona’s online documentation (http://ift.tt/1TaV9Fc) for all of the different ways to stream and compress the backups using xtrabackup. We will be using the stream to tar method.

innobackupex --stream=tar /root > /root/out.tar

becomes

innobackupex --stream=tar ./ |

Step 2 : Encrypt The Stream

Now that we have the backup process in place, we will then want to make sure that our data is secure. We will want to encrypt the data that we are going to be sending up to AWS S3 as to make sure the data is protected. We can accomplish this a couple of ways. The first tool I am going to look at is GnuPG (https://www.gnupg.org/), which is the open source version of PGP encryption. The second tool I will look at is another very popular tool OpenSSL (http://ift.tt/1lpRHFC).  Below are examples of how I set them up and tested their execution with streaming.

GnuPG

I will be creating a public and private key pair with a password that will be used to encrypt and decrypt the data. If you are going to do this for your production and sensitive data, please ensure that your private key is safe and secure.  When creating the keypair I was asked to provide a password.  When decrypting the data I was then asked for the password again to complete the process. It was an interactive step and is not shown in the example below. To accept a stream, you don’t provide a file name to encrypt, then to stream the output, you just don’t provide an output parameter.

KEY PAIR CREATION
[root@node1 ~]# gpg --gen-key
gpg (GnuPG) 2.0.14; Copyright (C) 2009 Free Software Foundation, Inc.
This is free software: you are free to change and redistribute it.
There is NO WARRANTY, to the extent permitted by law.

Please select what kind of key you want:
   (1) RSA and RSA (default)
   (2) DSA and Elgamal
   (3) DSA (sign only)
   (4) RSA (sign only)
Your selection? 1
RSA keys may be between 1024 and 4096 bits long.
What keysize do you want? (2048)
Requested keysize is 2048 bits
Please specify how long the key should be valid.
         0 = key does not expire
      <n>  = key expires in n days
      <n>w = key expires in n weeks
      <n>m = key expires in n months
      <n>y = key expires in n years
Key is valid for? (0)
Key does not expire at all
Is this correct? (y/N) y

GnuPG needs to construct a user ID to identify your key.

Real name: root
Name must be at least 5 characters long
Real name: root@kmarkwardt
Email address: markwardt@pythian.com
Comment:
You selected this USER-ID:
    "root@kmarkwardt <markwardt@pythian.com>"

Change (N)ame, (C)omment, (E)mail or (O)kay/(Q)uit? O
You need a Passphrase to protect your secret key.

can't connect to `/root/.gnupg/S.gpg-agent': No such file or directory
gpg-agent[1776]: directory `/root/.gnupg/private-keys-v1.d' created
We need to generate a lot of random bytes. It is a good idea to perform
some other action (type on the keyboard, move the mouse, utilize the
disks) during the prime generation; this gives the random number
generator a better chance to gain enough entropy.

After typing for what felt like FOREVER, to generate enough entropy

gpg: /root/.gnupg/trustdb.gpg: trustdb created
gpg: key 1EFB61B1 marked as ultimately trusted
public and secret key created and signed.

gpg: checking the trustdb
gpg: 3 marginal(s) needed, 1 complete(s) needed, PGP trust model
gpg: depth: 0  valid:   1  signed:   0  trust: 0-, 0q, 0n, 0m, 0f, 1u
pub   2048R/1EFB61B1 2016-04-29
      Key fingerprint = 8D98 2D23 3C49 F1E7 9CD2  CD0F 7163 EB03 1EFB 61B1
uid                  root@kmarkwardt <markwardt@pythian.com>
sub   2048R/577322A0 2016-04-29

[root@node1 ~]#

 

SAMPLE USAGE
ENCRYPT
[root@node1 openssl]# echo "test" | gpg --output install.log.gpg --encrypt -r root 
[root@node1 openssl]# cat install.log.gpg
?
 ???    Ws"???l?
??g             ?w??g?C}P
   ?5A??f?6?p?
???Qq?m??&?rKE??*}5.?4XTj?????Th????}A???: ^V?/w?$???"?<'?;
?Y?|?W????v?R??a?8o<BG??!?R???f?u?????????e??????/?X?y?S7??H??@???Y?X~x>qoA0??L?????*???I?;I?l??]??Gs?G'?!??
                                                                                                            ??k>?
DECRYPT
[root@node1 ~]# gpg --decrypt -r root --output install.log.decrypted install.log.gpg
install.log.decrypted
You need a passphrase to unlock the secret key for
user: "root@kmarkwardt <markwardt@pythian.com>"
2048-bit RSA key, ID 577322A0, created 2016-04-29 (main key ID 1EFB61B1)

can't connect to `/root/.gnupg/S.gpg-agent': No such file or directory
gpg: encrypted with 2048-bit RSA key, ID 577322A0, created 2016-04-29
     "root@kmarkwardt <markwardt@pythian.com>"
[root@node1 ~]# ls
install.log.decrypted
install.log.gpg

ENCRYPT STREAM

[root@node1 ~]# mysqldump --all-databases | gpg --encrypt -r root 
or
[root@node1 ~]# innobackupex --stream=tar ./ | gpg --encrypt -r root 

 

OpenSSL

As with GPG we will generate a public and private key with a pass phrase.  There are other ways to use openssl to encrypt and decrypt the data such as just using a password with no keys, using just keys with no password, or encrypt with no password or keys.  I am using keys with a password as this is a very secure method.

KEY PAIR CREATION
[root@node1 openssl]# openssl req -newkey rsa:2048 -keyout privkey.pem -out req.pem
Generating a 2048 bit RSA private key
.......................................+++
........+++
writing new private key to 'privkey.pem'
Enter PEM pass phrase:
Verifying - Enter PEM pass phrase:
-----
You are about to be asked to enter information that will be incorporated
into your certificate request.
What you are about to enter is what is called a Distinguished Name or a DN.
There are quite a few fields but you can leave some blank
For some fields there will be a default value,
If you enter '.', the field will be left blank.
-----
Country Name (2 letter code) [XX]:
State or Province Name (full name) []:
Locality Name (eg, city) [Default City]:
Organization Name (eg, company) [Default Company Ltd]:
Organizational Unit Name (eg, section) []:
Common Name (eg, your name or your server's hostname) []:
Email Address []:

Please enter the following 'extra' attributes
to be sent with your certificate request
A challenge password []:
An optional company name []:

[root@node1 openssl]# openssl x509 -req -in req.pem -signkey privkey.pem -out cert.pem
Signature ok
subject=/C=XX/L=Default City/O=Default Company Ltd
Getting Private key
Enter pass phrase for privkey.pem:
[root@node1 openssl]# ls -al
total 20
drwxr-xr-x  2 root root 4096 May  5 10:47 .
dr-xr-x---. 9 root root 4096 May  4 04:38 ..
-rw-r--r--  1 root root 1103 May  5 10:47 cert.pem
-rw-r--r--  1 root root 1834 May  5 10:43 privkey.pem
-rw-r--r--  1 root root  952 May  5 10:43 req.pem
[root@node1 openssl]# rm -rf req.pem 
SAMPLE USAGE
ENCRYPT
[root@node1 openssl]# echo "test" | openssl smime -encrypt -aes256 -binary -outform DER cert.pem > test.dat
[root@node1 openssl]# cat test.dat 
???0??1?k0?g0O0B1
                 0    UXX10U

                              Default City10U

?V??p?A$????PO??+???q@t??????\"%:0
??J?????5???0?D/?1z-?xO??&?#?;???E>^?g??#7??#m????lA???'??{)?*xM
P?l????]iz/???H???????[root@node1 openssl]#
DECRYPT
[root@node1 openssl]# openssl smime -decrypt -in test.dat -inform DER -inkey privkey.pem -out test.txt
Enter pass phrase for privkey.pem:
[root@node1 openssl]# cat test.txt 
test

ENCRYPT STREAM

[root@node1 ~]# mysqldump --all-databases | openssl smime -encrypt -aes256 -binary -outform DER cert.pem
or 
[root@node1 ~]# innobackupex --stream=tar ./ | openssl smime -encrypt -aes256 -binary -outform DER cert.pem

Step 3 : Stream to Amazon AWS S3

Now that we have secured the data, we will want to pipe the data into an Amazon AWS S3 bucket.  This will provide an offsite copy of the MySQL backup that you can convert to long term storage, or restore into an EC2 instance.  With this method I will only be looking at one.  The Amazon provided AWS CLI tools incorporates working with S3.  Allowing you to copy your files up into S3 with the ability to stream your input.

AWS CLI

In order to tell the AWS CLI S3 copy command to accept STDIN input you just have to put a dash in the place of the source file.  This will allow the command to accept a stream to copy.  The AWS CLI tools for copying into S3 also allows for encryption.  But I wanted to provide other methods as well to allow you to customize your own solution.   You can also stream the download of the S3 bucket item, which could allow for uncompression as you download the data or any other number of options.

UPLOAD STREAM

echo "test" | aws s3 cp - s3://pythian-test-bucket/incoming.txt 

BACKUP / ENCRYPT / UPLOAD STREAM

-- MySQL Dump -> OpenSSL Encryption -> AWS S3 Upload
[root@node1 ~]# mysqldump --all-databases | openssl smime -encrypt -aes256 -binary -outform DER cert.pem | aws s3 cp - s3://pythian-test-bucket/mysqldump.sql.dat
-- Xtrabackup -> OpenSSL Encryption -> AWS S3 Upload
[root@node1 ~]# innobackupex --stream=tar ./ | openssl smime -encrypt -aes256 -binary -outform DER cert.pem |aws s3 cp - s3://pythian-test-bucket/mysqldump.tar.dat
-- MySQL Dump -> GPG Encryption -> AWS S3 Upload
[root@node1 ~]# mysqldump --all-databases | gpg --encrypt -r root | aws s3 cp - s3://pythian-test-bucket/mysqldump.sql.gpg
-- MySQL Dump -> GPG Encryption -> AWS S3 Upload
[root@node1 ~]# innobackupex --stream=tar ./ | gpg --encrypt -r root | aws s3 cp - s3://pythian-test-bucket/mysqldump.tar.gpg

References

  • http://ift.tt/1TaV9Fc
  • http://ift.tt/1skaA7T
  • http://ift.tt/1TaV6ZW
  • http://ift.tt/1OwvxEs
  • http://ift.tt/1skaA7T
  • http://ift.tt/1NbR6oF
  • http://ift.tt/1t4OeB2

 

 

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via Planet MySQL
MySQL encrypted streaming backups directly into AWS S3

Orange-grape pills may lower blood sugar

Orange-grape pills may lower blood sugar


Overweight people who took a capsule for eight weeks that contained two compounds found in red grapes and oranges saw improvements in blood sugar levels and artery function, researchers report.

“This is an incredibly exciting development and could have a massive impact on our ability to treat these diseases,” says Paul Thornalley, a professor in systems biology at the University of Warwick Medical School. “As well as helping to treat diabetes and heart disease, it could defuse the obesity time bomb.”

When participants received both compounds—trans-resveratrol (tRES) in red grapes and hesperetin (HESP) in oranges—at pharmaceutical doses, the compounds acted in tandem to decrease blood glucose, improve the action of insulin, and boost the health of arteries.

“As well as helping to treat diabetes and heart disease, it could defuse the obesity time bomb.”

After eight weeks on the treatment, researchers noted an improvement in insulin resistance in trial participants that was similar to improvements seen six months after bariatric surgery.

The compounds work by increasing a protein called glyoxalase 1 (Glo1) in the body that neutralizes a damaging sugar-derived compound called methylglyoxal (MG).

For the study, researchers increased Glo1 expression in cell culture and then tested the formulation in a randomized, placebo-controlled crossover clinical trial.

Thirty-two overweight and obese people between the ages of 18 and 80 age who had a BMI between 25 to 40 took part in the trial. They were given the supplement in capsule form once a day for eight weeks. They were asked to maintain their usual diet and their food intake was monitored via a dietary questionnaire. They were also asked not to alter their daily physical activity.

Changes to their sugar levels were assessed by blood samples, artery health measured by artery wall flexibility, and other assessments by analysis of blood markers.

The team found that the highly overweight subjects who had BMIs of more than 27.5 with treatment displayed increased Glo1 activity, decreased glucose levels, improved working of insulin, improved artery function, and decreased blood vessel inflammation. There was no effect for those taking the placebo.

“Obesity, type 2 diabetes, and cardiovascular disease are at epidemic levels in westernized countries,” Thornalley says. “As exciting as our breakthrough is, it is important to stress that physical activity, diet, other lifestyle factors, and current treatments should be adhered to.”

Although the same compounds are found naturally in some fruits, the amounts and type required to see the same effects cannot be obtained by eating more fruit. Pharmaceutical doses could be administered in capsule form.

Innovate UK funded the work, which appears in the journal Diabetes.

Source: University of Warwick




via Futurity
Orange-grape pills may lower blood sugar

Netflix’s ‘Voltron’ assembles in its second trailer

Netflix’s upcoming Voltron: Legendary Defender is looking a whole lot more palatable than previously imagined. DreamWorks Animation’s upcoming Netflix reboot of the classic series is taking a lot of cues from familiar faces (and voices) as the first trailer makes its way to audiences today.

The series comes to Netflix on June 10 with an hour-long premiere episode and ten additional 22-minute episodes from executive producer Joaquim Dos Santos and co-executive Lauren Montgomery. Dos Santos was in part responsible for the smash hit The Legend of Korra, and it’s easy to see where this modern vision of Voltron found so much of its influences. It’s colorful, loud, and frenetic, as the trailer shows off, but also personal and silly, true in many ways to the original Voltron’s mission.

The trailer is our first glimpse of characters Princess Allura, Coran, Shiro, Hunk, Lance, Pidge and Keith. There are some familiar voices in the crowd as well, like Adventure Time’s Jeremy Shada and Flight of the Conchords’ Rhys Darby.

"We wanted to make it closer to what we remember the show being versus what it actually ends up being when you go back and watch it," Montgomery explained of the series.

It’s easy to get excited about the series with this new information, voice cast, and a glimpse at what’s to come, especially when you consider how Dos Santos himself describes the new vision of Voltron.

"Our teens are reacting to the insane idea [that] there’s a giant intergalactic war going on, and now they’re going to pilot five lions that become a larger robot, and one lion will wear another as a … well, as a boot …" A boot, indeed.

You can check out Voltron: Legendary Defender next month in its entirety when it hits Netflix.

Source: Entertainment Weekly

via Engadget
Netflix’s ‘Voltron’ assembles in its second trailer

Renaissance Festival Actor Spears a Historically-Inaccurate Drone Right Out of the Sky





Renaissance Festival Actor Spears a Historically-Inaccurate Drone Right Out of the Sky

You have to be careful when attending a renaissance festival. Some of those in attendance take historical accuracy very, very seriously. Whipping out your smartphone could lead to a night in the stocks, and trying to film the festivities with a flying drone will incur an even worse fate for your quadcopter.

At a renaissance festival in Russia, one costumed participant took preserving historical accuracy into his own hands by bringing down a drone buzzing overhead with nothing but an impressively accurate spear toss. It doesn’t appear as if anyone was hurt by the crashing drone—royalty or peasants—but the locals were presumably concerned about what manner of witchcraft or wizardry was keeping the magical craft in the air.

[YouTube via Laughing Squid]

via Gizmodo
Renaissance Festival Actor Spears a Historically-Inaccurate Drone Right Out of the Sky

Excerpt: Hitler’s Nuclear Ambitions Were Thwarted By Skiers

In 1943, a band of expert Norwegian skiers operating as covert operatives helped turn the tide in the fight against Nazi Germany and Hitler’s relentless push to harness the power of a nuclear bomb. Their gripping mission to sabotage his plot was largely lost to time, until now.

norwegian ski operatives cross country
Dramatization of the saboteurs’ trek

In the dead of winter at the outset of 1943, Axis forces had swept into Norway and seized an obscure and remote hydroelectric plant and manufacturing facility for its rich production of deuterium oxide – known to most of the civilized world now as “heavy water,” the crucial – and for Hitler, elusive – ingredient of a nuclear weapon.

As Nazi forces relentlessly pushed co-opted engineers to accelerate the Reich’s nuclear program, a small covert band of Norwegian agents, proud patriots ready to give their lives to save the planet from the most nefarious terrorists to date, skated and slalomed toward the heavily fortified facility, and their place in history. —Adam Ruggiero

The Winter Fortress: Excerpt

The Winter Fortress: The epic mission to sabotage Hitler’s atomic bomb, by Neal Bascomb, is excerpted below with permission of the author and Houghton Mifflin Harcourt. All rights reserved.

In a staggered line, the nine saboteurs cut across the mountain slope. Instinct, more than the dim light of the moon, guided the young men. They threaded through the stands of pine and traversed down the sharp, uneven terrain, much of it pocked with empty hollows and thick drifts of snow.

gunnerside team
Members of Operation Gunnerside following the mission at Vemork

Dressed in white camouflage suits over their British Army uniforms, the men looked like phantoms haunting the woods. They moved as quietly as ghosts, the silence broken only by the swoosh of their skis and the occasional slap of a pole against an unseen branch. The warm, steady wind that blew through the Vestfjord Valley dampered even these sounds. It was the same wind that would eventually, they hoped, blow their tracks away.

A mile into the trek from their base hut, the woods became too dense and steep for them to continue by any means other than on foot. The young Norwegians unfastened their skis and hoisted them to their shoulders. It was still tough going.

Carrying rucksacks filled with thirty-five pounds of gear, and armed with submachine guns, grenades, pistols, explosives, and knives, they waded, slid, and clambered their way down through the heavy, wet snow. Under the weight of their equipment they occasionally sank to their waists in the drifts. The darkness, thickening when the low clouds hid the moon, didn’t help matters.

Continued on next page…


via Gear Junkie
Excerpt: Hitler’s Nuclear Ambitions Were Thwarted By Skiers

Teen Discovers Lost Maya City Using Ancient Star Maps





Teen Discovers Lost Maya City Using Ancient Star Maps
Google Earth and satellite photos appear to reveal the site of a pyramid cloaked in foliage. (Image: Google Earth, CSA)

Using an unprecedented technique of matching stars to the locations of temples on Earth, a 15-year-old Canadian student says he’s discovered a forgotten Maya city in Central America. Images from space suggest he may actually be onto something.

William Gadoury, a teen from Saint-Jean-de-Matha in Lanaudière, developed an interest in archaeology after the publication of the Maya calendar announcing the end of the world in 2012. After spending hours pouring over diagrams of constellations and maps of known Maya cities, he noticed that the two appeared to be linked; the brightest stars of the constellations overlaid perfectly with the locations of the largest Maya cities. As reported in The Telegraph, no other scientist had ever discovered such a correlation.

Here’s how he did it: After studying 22 different constellations, Gadoury noticed that they neatly corresponded to the locations of 117 Mayan cities located in Mexico, Guatemala, Honduras, and El Salvador. When looking at a 23rd constellation, he was able to match two stars to known cities—but a third star remained unmatched. Using transparent overlays, Gadoury pinpointed a location deep in the thick jungles of the Yucatan Peninsula in Mexico.





Teen Discovers Lost Maya City Using Ancient Star Maps
Google Earth and satellite photos show what looks to be a cluster of structures. (Image: Google Earth, CSA)

“I did not understand why the Maya built their cities away from rivers, on marginal lands, and in the mountains,” explained Gadoury in Le Journal de Montreal. “They must have had another reason, and as they worshiped the stars, the idea came to me to verify my hypothesis. I was really surprised and excited when I realized that the most brilliant stars of the constellations matched the largest Maya cities.”





Teen Discovers Lost Maya City Using Ancient Star Maps
Image: Canadian Space Agency

Taking this idea further, Gadoury contacted the Canadian Space Agency, who provided him with space-based images from NASA and JAXA. These satellite images revealed a batch of undeniably geometric structures hidden under the jungle canopy. Gadoury, along with Dr. Armand LaRocque, a remote sensing specialist from the University of New Brunswick in Fredericton, believe it’s an ancient Maya pyramid surrounded by 30 smaller structures. The teen has named the city—which has yet to be explored and verified—K’aak Chi, which means “Mouth of Fire.” If confirmed, it would be among the largest Maya cities ever discovered.





Teen Discovers Lost Maya City Using Ancient Star Maps
William Gadoury, 15, explains his theory of the existence of an unknown Maya city before scientists at the Canadian Space Agency. (Image: Canadian Space Agency)

LaRocque said the use of satellite images, as well as the contribution of digital image processing, helped to confirm the possible existence of this forgotten city. “Geometric shapes, such as squares or rectangles, appeared in these images, forms that can hardly be attributed to natural phenomenon,” LaRocque said.

Daniel de Lisle of the Canadian Space Agency said he was fascinated by the depth of Gadoury’s research, and that linking the position of stars and the location of a lost city “is quite exceptional.” He told The Independent that “There are linear features that would suggest there is something underneath that big canopy,” adding that “There are enough items to suggest it could be a man-made structure.”

What needs to happen now is a ground expedition, but that won’t come cheap, nor will it be easy. Tthe location of the site is in one of the most remote and inaccessible areas of Mexico. And as LaRocque put it, “Expedition costs are horribly expensive.” Gadoury has contacted a team of Mexican archaeologists, and he’s hoping to take part in any subsequent mission to the site.

“It would be the culmination of my three years of work and the dream of my life,” said the cool teen.

So, uh, can someone get a Kickstarter going for this kid immediately please?

[Telegraph, Independent, Le Journal de Montreal]

via Gizmodo
Teen Discovers Lost Maya City Using Ancient Star Maps

The Secret to Great Public Speaking According to TED

secret-to-public-speaking-ted

No, we’re not talking about giving presentations that look and sound like a TED Talk. Obviously the TED style doesn’t make sense for every kind of presentation, and even though such talks can be compelling to watch, you shouldn’t aim to always emulate that style. That being said, TED’s curator Chris Anderson has some great tips that you’ll want to apply no matter what kind of talk you give. These are fundamental, universal, and will help you understand what makes a great talk great. Ultimately, presentations are about transferring an idea from your mind to the audience’s mind. It’s simple to do if you follow these…

Read the full article: The Secret to Great Public Speaking According to TED

via MakeUseOf
The Secret to Great Public Speaking According to TED

The Fight Over Copyrighting Klingon Heats Up, And Gets More Ridiculous

Last year, we wrote about a somewhat

speculative article

by Charles Duan from Public Knowledge, connecting the ridiculous result of the Oracle/Google fight on the copyrightability of software APIs, to the idea of trying to claim copyright in a language, with a particular focus on Klingon, the made up language from the

Star Trek

universe. And, then, of course, back in March, that speculative hypothetical became much more real, when Paramount’s lawsuit against

a Star Trek fan film

did, in fact, argue that

Klingon was covered by copyright

, and that the fan film violated that copyright.

A bunch of things have happened since then, as this mess careens towards trial, and we wanted to catch you up. First, the lawyers for the fan film, put together by Axanar Productions,

challenged many of the claims made

by Paramount in its amended complaint, noting that many of the things listed as copyright infringing, clearly were not — including the language of Klingon.


The Klingon language… itself is an idea or a system, and is not
copyrightable. As the Supreme Court held in the context of a system of bookkeeping,
although copyright protects the author’s expression of the system, it does not prevent
others from using the system. Baker v. Selden, 101 U.S. 99, 101 (1879). The mere
allegation that Defendants used the Klingon language, without any allegation that
Defendants copied Plaintiffs’ particular expression of that language, is therefore
insufficient to state a claim for copyright infringement as to any protected element.

That filing similarly challenged the idea that costumes (such as “gold shirts”) or geometric shapes (like “triangular medals on uniforms”) were copyrightable. Oh, and also lots of things that clearly predate the Star Trek universe, like the idea of transporters (“have existed in science fiction since 1877”) and warp drive (“have existed in science fiction as early as 1945”).

Paramount Pictures, not surprisingly,

disagreed on all of this

, insisting that all of these things absolutely were legitimately covered by copyright. First, it argues (somewhat convincingly…) that the issue is not these individual items, but rather the entire collection of them, creating a “world” that is covered by copyright, and that the fan film is obviously creating a derivative work, which they claim infringes. But then Paramount Pictures decides to attack the claims that these individual things can’t be covered by copyright anyway. On the question of copyright in Klingon, they actually argue that Axanar’s argument “is absurd.”


Language is part of dialogue, which represents one aspect of the Star Trek
Copyrighted Works and may be considered (at a later point) in a substantial
similarity analysis…. Defendants argue that the
Klingon language is not copyrightable because it is a useful system…
Again, this issue is not yet before the Court – and certainly is not an issue to be
addressed on a motion to dismiss.

Moreover, this argument is absurd, since a language is only useful if it can be
used to communicate with people, and there are no Klingons with whom to
communicate
. The Klingon language is wholly fictitious, original, and
copyrightable, and Defendants’ incorporation of that language in their works will be
part of the Court’s eventual substantial similarity analysis. Defendants’ use of the
Klingon language in their works is simply further evidence of their infringement of
Plaintiffs’ characters, since speaking this fictitious language is an aspect of their
characters.

And then things got even more fun. A group called the

Language Creation Society

, represented by Marc Randazza, sought to file an amicus curiae (friend of the court) brief, which

is well worth reading

, in part because the section headings, along with a few key words,

are in Klingon

. For example, there’s this:



If you’re wondering, the footnotes reveal the translation. The ending of the first paragraph would read as “it lacks reasons.” The two words in the latter paragraph are translated as “pathetic” and “arrogant.” The pronunciations are also included in the footnotes, but I’ll let you explore those yourself. The full brief is worth reading as it lays out, in great detail, why Klingon cannot be covered by copyright. It goes through a bunch of legal reasons, with caselaw citations, and then also points out

conceptually

just how stupid this is:


To claim copyright in a language is to claim ownership over all
possible thoughts and artistic expression that might employ that
language. If not ownership, such a claim at least provides some
support for the idea that the copyright owner could, at some point,
simply pull the plug on any future development in the language. It is
a breathtakingly vast legal assertion that encompasses particular
expression that the claimed copyright owner, by definition, cannot
even conceive of.

The filing also points out how silly the assertion above, by Paramount, that since there are no Klingons to communicate with, it’s not a language and therefore is copyrightable:


First, this is a non-sequitur; a process or system need not be “useful” in
order to preclude copyright protection, and Plaintiffs provide no
authority to the contrary.

But more importantly, this is an insulting assertion. Many
humans speak Klingon. The annual qep’a’ involves singing and
storytelling in Klingon. (See Exhibit 6.) People get married in Klingon.
(See Exhibit 10.) Linguist d’Armond Speers even spent three years
teaching his infant son to speak Klingon. (See Tara Bannow, “Local
company creates Klingon dictionary,” MINNESOTA DAILY (Nov. 17,
2009), attached as Exhibit 12.) Speaking and writing in Klingon is
not simply a matter of transposing words from a different language,
either; it has an unusual grammatical structure that provides a
different connotation than other languages….

And insult aside, Plaintiff’s contention is absurd. A language is
not constrained to a given ethnic or racial group. By their logic,
Ancient Greek is not “useful” because the Ancient Greeks are no
longer with us, and the language has no native speakers, despite it
being the original language of some of the seminal literary and
philosophical works of the western world. Plaintiffs’ logic would
seem to dictate that French is not “useful” if spoken by a native
German.

Well, it probably won’t surprise you to find out that Paramount Pictures and its pricey lawyers weren’t too pleased about Randazza’s/Language Creation Society’s filing. They’ve

filed an opposition

. They argue (perhaps correctly), that the filing comes way too late, but also claim that the issue of the copyright in Klingon is “not before the court.”


In its application and amicus brief, LCS is asking the Court for an advisory
opinion on whether fictional languages are copyrightable. This is not at issue in the
motion to dismiss. At the motion to dismiss stage, the Court will determine whether
Plaintiffs have sufficiently alleged the existence of their Star Trek Copyrighted
Works and whether Plaintiffs have alleged infringement by the Defendants. The
Court has not been asked to perform a substantial similarity analysis at this stage of
the proceeding, and especially not to determine the independent copyrightability of
the Klingon language (or fictitious languages in general) outside of context of Star
Trek works.

Instead, they argue again that Klingon is just one piece of the puzzle that they’re using to show that Axanar is an infringing work. But, of course, that makes no sense. Because they were the ones who started this off by claiming that Klingon was covered by its copyright. And if Klingon is not copyrightable, then they can’t make use of it as an example of how Axanar is infringing.

Meanwhile, Axanar Productions then

hit back

at Paramount Pictures in a new filing on Friday, claiming that in its opposition to the Language Creators’ brief, it “raised new arguments.”


First, while Plaintiffs now argue that the Klingon language is “merely one aspect of the Star Trek Copyrighted Works” and that Defendants’ use of Klingon is “further evidence of their infringement of Plaintiffs’ characters” (Dkt. 38 at 3-4), in the First Amended Complaint (“FAC”) Plaintiffs do not limit their allegations in this way. In the FAC, Plaintiffs claim ownership over “Klingons” as a race (FAC at 12) and over the appearance of Klingons (FAC at 13-14), and they claim separately to own the “Klingon language” (FAC at 32). In fact, the Klingon language is listed as a “Star Trek Copyrighted Work” according to the chart in the FAC. Id. Plaintiffs are hard-pressed to link their claim to the Klingon language to an actual character when their FAC does not identify a single specific Klingon character, let alone any character they claim Defendants have infringed through using the Klingon language.

They also point out that the question of whether or not Klingon is covered by copyright is pretty important in establishing whether or not Paramount has a legitimate claim:


Indeed, like recipes in a cookbook, while the Klingon Dictionary may be protected from wholesale copying, the individual Klingon words contained therein and expression flowing from the Klingon language system are simply not protected. This Court should decline to allow Plaintiffs to stifle expression in Klingon when this matter can be resolved now as matter of law.

And, yes, it’s amazing that a copyright lawsuit has resulted in someone begging the court not to “allow Plaintiffs to stifle expression in Klingon.” What a world we live in.

The Axanar filing also accuses Paramount of shifting standards when convenient:


Plaintiffs’ Opposition to the Motion claims that substantial similarity analysis is “unnecessary” here. Opp. (Dkt. 31) at 11:7-9. But now, Plaintiffs are reversing course and suddenly claiming that the individual works they alleged in the FAC are just pieces for a broader substantial similarity analysis. Plaintiffs cannot invoke the substantial similarity test only when convenient, and cannot complain about parsing out Plaintiffs’ claim to the Klingon language when their FAC does just that. FAC at 32. Further, the FAC remains unclear about (1) which episodes and films that Plaintiffs claim to own are at issue here (rendering it impossible to even begin to engage in any substantial similarity analysis), and (2) how the Court could engage in a substantial similarity analysis with respect to the Potential Fan Film when it has not yet been made.

Needless to say, there’s likely much more to come on all of this, and I imagine that it will continue to be quite entertaining. That said, while the larger issue may seem silly, the underlying issues here are of

extreme importance

. As in the Oracle/Google case, allowing copyright over something as simple as instructions or the concept of a language, represents a

massive

expansion of copyright law in a manner that clearly stifles both innovation and expression. We should be quite worried when courts are willing to allow such absurdities.


via Techdirt.
The Fight Over Copyrighting Klingon Heats Up, And Gets More Ridiculous

.22 vs .223 – Home Defense – Drywall Penetration

CaptureWhile I am sure that most would opt to select .223/5.56 NATO over .22LR for home defense, but I have heard the argument that .22 would be “better” for home defense since its reduced energy would mean that it would penetrate through fewer walls. On the flip side, others argue that the 5.56 would be better […]

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.22 vs .223 – Home Defense – Drywall Penetration