Re: [TCLUG:12997] DeCSS

[Tim Neu <tim@tneu.visi.com>]

First of all, if anyone on this list hasn't followed the details on this
problem, you owe it to yourself to do so!!!!  I really mean it!  Our right
to build open source software is being run over by a steamroller!

http://www.eff.org or http://www.opendvd.org for details.   

Also, sign the petition in support of Jon Johansen:

http://linuxguiden.linpro.no/protesteng.php
----

This whole DVD thing does bring up some interesting questions.

For example, from what I have seen, norwegian law states two things:

Circumventing copy protection is illegal.
Reverse engineering is legal, if it is necessary for interoperability.

The question is which law is "stronger". 

The Xing license agreement also comes into play - but since Jon (the guy
who is charged with breaking the encryption) is only 15 (a minor) - it is
questionable at best to try to use the license agreement against him.

There are really two "way's out" of this whole DVD thing:

1.  "Quick Fix" - get the case dismissed due to a technicality (i.e. the
posting of the so-called "trade secrets" as public record)  This SEEMS to
be what the EFF is trying to do currently (though this may be due to
monitary reasons)

2.  "Permanant Fix" - Challenge the very foundation of this case - the
License agreement.  The license agreement itself is on very shakey ground
legally...  For example, crossing out the terms of the license agreement
and initialing it in many cases would be considered a legal modification
of your end of the supposed "contract"...  Not sure what effect this would
have if it were done directly on the monitor screen during installation!

The MPAA has very little grounds to begin with in calling the DeCSS
decryption "inappropriate", or "unauthorized", etc, etc.   Without the
license agreement, they would not have a case (not even the bad one they 
do have :-)

This is a very fine line here because we do not want to bite off more than
we can chew in one court case!  

No matter what the outcome, I think it will take a great deal of time to
get the DMCA repealed completely. 

In this case, IMHO, I would rather the EFF go for the jugular and fight
the license agreement.  Once that injustice is proven unconstitutional,
then we can move on to the DMCA... 

This may just be too darn much to try to fight all at once though; which
is probably why the EFF is taking one thing at a time. 

If you really want to make a difference, leave some comments with the
filmmakers who are members of the MPAA: (URLs below)...  

NIVERSAL CITY STUDIOS, INC.
http://www.universalstudios.com/fp/contact_form.html
(no phone)

PARAMOUNT PICTURES CORPORATION
(no URL)
(no phone)

METRO-GOLDWYN-MAYER STUDIOS INC.
http://www.mgm.com/cgi-bin/cgi/email.html&V=2&type=body&from=?subject=General

TRISTAR PICTURES, INC. / COLUMBIA PICTURES INDUSTRIES, INC.
(seem to be the same company)
(no URL)
(no phone)

TIME WARNER ENTERTAINMENT CO., L.P.
http://cgi.timewarner.com/cgi-bin/corp/faq/submit.cgi
(212-484-8000)

DISNEY ENTERPRISES, INC.
(http://disney.go.com/mail/disney/)
(no phone)

TWENTIETH CENTURY FOX FILM CORPORATION
(foxmovies@fox.com)

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On Thu, 27 Jan 2000, Andrew S. Zbikowski wrote:

> If they want to arrest someone, why not go after the people who forgot
> to encrype the keys on they're decoder? That was the big finding that
> led to DeCSS. 
> 
> ---
> 
> from http://www.wired.com/news/technology/0,1282,32263,00.html :
> 
> Essentially, the two European hackers who developed the DeCSS utility
> that copies a DVD movie disc were able to break the code because one of
> the product's licens inadvertently neglected to encrypt the decryption
> key.
> 
> <snip>
> 
> All licensees of DVD technology have to encrypt their decryption key so
> no one can reverse-engineer the playback software and extract the key. 
> 
> Well, one licensee didn't encrypt their key. The developers of DeCSS, a
> Norwegian group called MoRE (Masters of Reverse Engineering) got a key
> by reverse-engineering the XingDVD player, from Xing Technologies, a
> subsidiary of RealNetworks. 
> 
> ---
> 
> Considering that DVD encryption is only a 40-bit key, it was only a
> matter of time. Maybe the industry should go after the Goverment to
> allow export of strong encryption. 
> 
> At this point, it's not like arresting the guy is going to stop piracy,
> and it's pretty much too late to change the encryption scheme now,
> unless you provide free easy upgrades to all the existing players
> (yeah...right...)
>  
> -- 
> |> Andrew S. Zbikowski | I find your lack of pants disturbing.
> |> http://www.ringworld.org | "Only two things are infinite, 
> |> the universe and human stupidity, and I'm not sure about 
> |> the former. "  - Albert Einstein
> 
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