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DeCSS Litigation Update

Winston Smith writes "Law News Network has posted this article on the current status of DeCSS litigation and how a Connecticut intellectual property attorney, with the help of Yale, Harvard and Quinnipiac law students, is fighting the MPAA." For more background on this issue, read our last news posting on the MPAA DVD issue.

231 comments

  1. Re:Jack Valenti, is that you? by Anonymous Coward · · Score: 0

    Do you work for the MPAA, mr Anonymous Coward?

  2. Re: Yeah, right by Anonymous Coward · · Score: 0
    If I want to run my MacOS software on a x86, who is Apple to tell me not to?

    If I want to take my MacOS software and port it over to my GameBoy, is it Apple's right to tell me what I should or should not do to something that I bought with my own money?

    If I want to take my MacOS disk, soak it in milk and eat it for breakfast, should Apple be allowed to take me to court for this?

  3. What about non-US movies... by Anonymous Coward · · Score: 0

    Say if a movie from a "Zone 3" country come out in DVD, what code will it use? Zone 3? What if it is not yet available to ALL other countries (like Zone 1 - 2, 4 - 5)?

    The whole CSS thing seems to assume that all movies are from Zone 1 countries! It can only go one way as far as I can see...

    1. Re:What about non-US movies... by -brazil- · · Score: 1
      y if a movie from a "Zone 3" country come out in DVD, what code will it use? Zone 3?

      Exactly.

      What if it is not yet available to ALL other countries (like Zone 1 - 2, 4 - 5)?

      Then people in these other countries are out of luck, unless they own a player with cracked region protection. That is exactly the point of the Region Coding bullshit!

      The whole CSS thing seems to assume that all movies are from Zone 1 countries!

      What it actually assumes is that the vast majority of popular movies are from zone 1 (true), and that their main group of customers are also (true), so that they won't realize how blatantly anti-customers-rights the method is. I heard that in New Zealand, it is actually illegal to sell a DVD player that has region coding not cracked...

      --

      The illegal we do immediately. The unconstitutional takes a little longer.
      --Henry Kissinger

  4. Re:Can't ffwd past commercials??? by Anonymous Coward · · Score: 0

    If I really have a desire to find out what studio made the movie, I'll look on the packaging.

    Yeah, but if you ripped the DVD, you don't have the packaging.

  5. Help Kill DVDs, Support DeCSS!!! by Anonymous Coward · · Score: 0

    [SARCASM] To me, there is nothing worse than having high quality sound and digitally sharp pictures! Why should I, as a consumer, would want this? By depriving Movie Studios of their right to control the distribution and media storage of their copyrighted content, we can make sure that this great format dies. I personally would rather watch movies on low quality VHS than high quality DVD. [/SARCASM]

    It is truly sad to see the great support behind DeCSS. DeCSS was written to defeat encryption in order to subvert the distribution rights of the intellectual property owner. Why should intellectual property owners want to distribute their content on a great medium like DVD if we have an active community chomping at the bit to strip them of their property rights? If you don't like their distribution arrangements, too bad. Its not your business to determine how, where or what media they choose distribute. You didn't bust your ass to create it. You don't get to decide for them.

    Though many "hacker purist" (give me a freakin' break -- what are there, 2 of you?) claim that DeCSS is only being used so Linux users can view movies. In reality, we all know that this is just another tool to allow online pirates to strip content from one medium and place in it into another medium that is easily distributed online. Since the release of DeCSS, I have noticed a tremendous increase of pirated DVDs translated via VCD on this internet.

    Wonder why [insert favorite movie here] is not coming out on DVD? Thank DeCSS.

    1. Re:Help Kill DVDs, Support DeCSS!!! by Anonymous Coward · · Score: 0

      I personally am not willing to trade my principles for "high quality sound and digitally sharp pictures".

    2. Re:Help Kill DVDs, Support DeCSS!!! by Anonymous Coward · · Score: 0
      While DVD may be a wonderful medium as far as quality goes, I certainly cannot at this time afford the equipment to support that quality (ie the DVD player, the superduper amps, bigdick speakers, whonking TV screen, entertainment room), I don't for see ever having that kind of money, and if I did have it I'd have higher priorities (I've long thought it'd be nice to raise a family, for instance). So the quality issue is moot to me. As far as I'm concerned, this is an elitist's toy.

      Beyond that, nobody's explained to me how these access keys are going to work. Presumably, to have any long-term meaning, every so often one will be marked as broached and discontinued, so presumably after awhile I will no longer be able to get disks for the present player. And presumably once that player wears out (assuming its obsolescence bomb doesn't go off first), the disks I have will then be useless as well. These things seem to me to have a particularly frightening depreciation rate! I'm just not going to waste what few funds I have on such nonsense.

    3. Re:Help Kill DVDs, Support DeCSS!!! by Anonymous Coward · · Score: 0
      You didn't bust your ass to create it.

      Frankly, I don't think they did, either, judging by how easily it was broken.

      You don't get to decide for them.

      Nope, and they don't get to decide for me. I can live without DVD, so I'm not gonny buy it. (And yes, I believe I can get by without VHS when that's no longer made, and without CDs, too.)

      ... on this internet

      *snicker* how many internets have you been on?

    4. Re:Help Kill DVDs, Support DeCSS!!! by Eccles · · Score: 1

      Since the release of DeCSS, I have noticed a tremendous increase of pirated DVDs translated via VCD on this internet.

      If I wanted to make a VCD out of a DVD, I would take the standard video output of my Apex AD600-A, feed it into an MPEG card, and create the VCD with that. No DVD necessary. Even with a cable modem, transferring MPEG-2 just isn't worth the extra bandwidth.

      You've seen growth in pirate VCD files because of more people with cable modems, nothing more. DeCSS might allow perfect copies, but pirates have been selling off-quality for years. VHS quality is a step up for them.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    5. Re:Help Kill DVDs, Support DeCSS!!! by Junta · · Score: 1

      And releasing movies on VHS give them magic copy-protection? I know that VHS doesn't do exact copies, but second generation copies are pretty much indistinguishable from first gen, and can be captured and distributed by anyone with video capture equipment. Sure, there is some sort of unreasonable thinking that digital copies can ruin the MPAA, but the truth is it may damage, but it won't be devastating.

      Computer programs, audio Tapes, VHS tapes, CD audio are copied all the time (computer programs and CD audio are copied perfectly thanks to digital), but the legitimate Gaming industry nor the Music Industries have been brought to ruin by these occurances.

      Copying is bad, but it is not right to outlaw DeCSS because there are too many fair use issues. Would it be right to declare CD burners illegal because they can be used for illegitimate purposes? Of course not, and we have seen the same thing in video game emulation cases. The courts have up until now upheld "fair use" and produced a reasonable response to the companies seeking action. This response has been telling them to chase after the people known to be doing the copying because those are the people breaking the law, not the people programming the emulators.

      Of course, it is sad that this case may very well see the overturn of this common sense. I personally don't really care about the DeCSS product, as I have a dxr2 board to play my movies, but the principles involved concerns me greatly.

      --
      XML is like violence. If it doesn't solve the problem, use more.
    6. Re:Help Kill DVDs, Support DeCSS!!! by Trinition · · Score: 1
      First of all, I do believe that the original intent of DeCSS was NOT to pirate, but to enable playback on unsupported systems.

      You claim DVD is a superior format. I agree that in many ways, it is. But what has happened is that the movie industry has simply made the medicine easier to swallow. Now we have to watch commercials we don't want to see. Now we have to succumb to their international market manipulation through region coding. Where is your limit? What if the material DVDs were made with was carcinogenic?

      Regarding the VCD movies. I believe there are certain asian countries where the VCD industry is booming. I don't simply mean the pirate-VCD industry, but VCDs as a whole. I have no direct citations, but I do remember reading such a thing on several occasians.

      The movie industry could've easily made DVD more palettable if they wanted to. How about releasing the CSS code to the world? Let the DVD players abound. Let DVDs abound. Let the movie industry become more profitable through it all. Or how about making a DVD cost $10 so no one would want to pirate it. Shoot, I'm not going to waste drive space, my time, and a hole bunch of trouble trying to find a pirated version when I could order it online from the convert of my own home for a few dollars.

      Sure, the movie industry has a right to be upset that their little scheme failed. Now the DVDCCA look like morons because their uncopyable DVDs are copyable (or, as I still insist, playable on unlicensed players). Well, then if they were so careless and cheap with how they decided to protect it, DVD SHOULD BE STOPPED! Don't release any more DVD movies. Go bakc to the drawing board. If you have a hole in the road, you don't just drive around it, you fix it! Maybe while they're at it, they'll fix the rest of the Toledo-like pot holes and keep the consumer in mind.

  6. Re:VHS movies are CHEAPER. VHS players are CHEAPER by Anonymous Coward · · Score: 0

    You know, for someone who's apparently not very bright, you're pretty damn obnoxious. The point he's trying to get into your arrogant little head is that it's the *studios* choose the medium on which a movie gets released. If they don't want to release it on VHS, you won't be able to see it (legally) on VHS. If they decide, tomorrow, to stop releasing VHS movies, you can't do jack shit about it. And the point is, that given the fact they have a hell of a lot more control over DVD than they do over VHS, they might well decide to do exactly that. And you'll have two choices: Buy a DVD player, or commit copyright infringement.

    VHS movies and players are only "*CHEAPER*" because DVD is the latest neat new thing and the stores can charge more for them. The players and disks are both actually less expensive. Given that they've seen that people will pay $20 for VHS, but $30 for a format that costs them less, why should they continue to produce DVDs?

    Maybe you should yank your head out of your ass, stop being such an arrogant shit, and actually read what other people are posting.

  7. Ah, trade secret! by Anonymous Coward · · Score: 0

    Well, that is interesting. This has got to be one of the most widely-known trade secrets of all time. I can buy a t-shirt that contains that secret, and download it from numerous places on the internet. I even saw the trade secret in a mirror of some of the case's legal documents over at cryptome. And it will be on TV soon.

    Heh, trade secrets in software? I guess these guys have never heard of disassemblers. Can you imagine being an engineer for DVDCCA and testifying in court that you took reasonable steps to protect the secret, and then have to admit (on the public record) that you have never heard of a disassembler? Wow, what a way to blow a reputation.. Maybe they were counting on UCITA, which would make disassembly illegal?

    Since the cat is out of the bag, I like the idea of burning some DVDs of my own, and then sueing everyone involved in the DVD industry for violation of DMCA. Sounds like a great way to MAKE $$$ FAST!

    1. Re:Ah, trade secret! by Anomalous+Canard · · Score: 1

      Frankly, they were counting on enforcing the no reverse engineering clause in the EULAs. The whole scheme sounds like one cooked up by lawyers and not engineers.

      Anomalous: inconsistent with or deviating from what is usual, normal, or expected

      --
      Anomalous: deviating from what is usual, normal, or expected
      Canard: a false or unfounded repor
  8. going to fight this? by Anonymous Coward · · Score: 0

    I am sorry, but the MPAA just has more money that anyone else and the fights will be in vain, same fate with napster, RIAA will keep them in court so long, it will end up just being a money battle, eventually napster wont be able to afford fighting them.

    1. Re:going to fight this? by Anonymous Coward · · Score: 1

      Which is why we all need to support the EFF. As long as we keep them well armed, they can continue the fight.

    2. Re:going to fight this? by PopeAlien · · Score: 2

      This is an interesting argument with the advent of always on worldwide networks.. If the MPAA and RIAA have to pay lawyers to try to track down every copy of a small program, and threaten ISP's and Web site owners- They may find that the amount of energy sunk into this effort only brings more attention to the issue.

      In the long run it may bring more attention than they want, when people start saying "hey.. Wait a minute.. This "protection" keeps me from playing a disk I legally bought in another country, but does nothing to stop huge bootleg manufacturing plants from creating bit by bit copies."

      -

  9. Multiple Choice by Anonymous Coward · · Score: 0
    In January, at the in-camera hearing before Kaplan, lawyers for the Electronic Freedom Foundation were not well received. Kaplan scoffed at the notion that the deCSS program is a form of speech, and had little difficulty finding grounds to issue a temporary injunction.
    This quote:

    a. Referes to an electronic civil liberties group with the same acronym as the Electronic Frontier Foundation but a different name.

    b. Is because of a recent, unnanounced change in the name of the Electronic Frontier Foundation.

    c. Shows that the person who researched this article isn't technically savvy enough to put "eff" into a search engine to find out the correct name.

    Hughes's site also offers downloads of desktop screens to use with the Linux operating system -- a combination of artwork and mouse-click control features. An example of the themes is Purple Imac Girl -- featuring a cartoon anime cutie in a violet bathing suit.
    This quote is relevant because:

    a. The author of the article is an iMac user.

    b. The author of the article likes "anime cuties."

    c. The author of the article is trying to pigeonhole the ct2600 web master into the "teen hacker" stereotype.

  10. Re:Copy protection? by Anonymous Coward · · Score: 0

    Oh, sure you have. The point is that they want you to pay as many times as possible. In fact, it would probably be easier if consumers just handed all their money over to the MPAA at once.

    :-/

    Nuke em.

  11. This is why we need clean RE'd 'DVD compatibles' by Anonymous Coward · · Score: 0
    Just like what was done with the PC BIOS, WINE/TWINE/WINLIB, FreeDOS, Tengen with NES games, etc. We need a clean room reverse engineered implementation of the CSS decryption scheme so 3rd parties can produce working DVD players, minus all the stuff they require you to implement (not skipping FBI logo, etc.) if you license the CSS algorithm from the DVD-CCA.


    The time has come the the DVD clone or the DVD compatible player.

  12. Re:Equal rights for consumers... by Anonymous Coward · · Score: 0
    Slavery was outlawed in the South during the war to destroy the economy of the South and turn the war into a Moral Crusade. Only several years AFTER the war was it abolished in the Northern states (and NY only abolished it in the 1830's if I remember correctly).

    The real problem with Jim Crow Laws was that the North raped, robbed, and pilliaged the South, taking ALL THEY COULD in the Great Stealing

    The South has NEVER RECOVERED! Many down in the South lost all and their families NEVER recovered (black and white).

    The Slavery/Jim Crow analogy breaks down when you realize you are talking about human rights versus DMCA/UCITA and large corporations.

    Corporations have ALWAYS wanted more power. Now they are getting it (at our expense).

  13. Re:Reverse engineering CSS by Anonymous Coward · · Score: 0

    Kudos for realising that a world outside the US exists, but DeCSS is a Norwegian product already.

  14. Re:Copy protection? by Anonymous Coward · · Score: 0

    , accidentally,

    might want to yell for that turnip truck to wait up for you.

  15. Re:Sorry bud... by Anonymous Coward · · Score: 0

    Good idea...

    I hereby declare that I am using a type of code, source code, to hide the contents of my programs. The programs can only be run using a decryption tool, called a compiler.

    Even better, I'm going to patent the idea.....

  16. Re:Copy protection? by Anonymous Coward · · Score: 0
    The article contains a common error - 'a computer program which removes DVD copy-protection'.

    Actually, the error is in the implication that DeCSS can somehow modify the disk. (It's in three or four places, eg. "the deCSS utility makes it possible for users to make a number of legitimate modifications of the information on the disk." It's amazing how easily people that should know better say the wrong thing; it's no wonder The Layman gets so confused after awhile.)

  17. Re:The Death of DVD by Anonymous Coward · · Score: 0
    You forgot two: Waxed Cylinder, MP3s

    Yadda yadda. What about iron wire, Betamax, LaserDisc, and CED?

  18. Re:Copy protection? by Anonymous Coward · · Score: 0
    Really?

    Here's a clue. If DVD writers can't write to any necessary areas of the DVD, what good are they? You think someone's going to pay shitloads of money for a burner only to find out that it's absolutely worthless?

    This also has nothing to do with the fact that you could trick a "licensed" ("blessed"?) software player into reading from a directory on a hard disk instead of the DVD drive, if you were so inclined.

    Get a fucking clue. Fuck. This isn't rocket science. I bet you're an MPAA goon.

  19. Re:No it's not legitimate... by Anonymous Coward · · Score: 0
    WAKE THE FUCK UP. JESUS.

    If you can find a player to fucking play a decoded fucking DVD off a fucking hard drive, you can sure as fuck find or trick a "blessed" software DVD player into playing a fucking encoded DVD sitting on your hard drive.

    DeCSS has absolutely nothing to do with anything except regaining "fair use" over DVDs.

  20. Re:How would WE do it?? by Anonymous Coward · · Score: 0

    They already broke the law. The problem is that the DMCA was written by a bunch of dumbfuck congresspeople who probably got campaign contributions from the MPAA. Not to mention that they probably had no fucking clue what kinds of things the DMCA's circumvention clause could apply to when they wrote it.

  21. Re:Equal rights for consumers... by Anonymous Coward · · Score: 0
    ``if I buy a book which is copyrighted, I am free to read it whenever, however, and for whatever purpose I can think of.''

    Well, some copyrighted material is restricted as to where you can read it. Just think of the annual fracas that occurs in many school districts when some book is placed on the ``banned'' list and cannot be read in school. (I've heard stories that certain books weren't just banned as material for use in the classroom but that students were prohibited from reading it in study hall or anywhere else on school grounds) And all because some bluenose deems it offensive in some way. Censorship is almost universally scorned. Is there a way to couch this DCMA BS as a form of censorship? That just might get the masses up in arms. If this continues to be just a bunch of Linux users vs. the MPAA, I doubt we're going to get very far in this.

  22. Further on the "Racketeering" angle by Anonymous Coward · · Score: 0

    According to Katz' "Geographic Screening" article on the MPAA's suit against iCraveTV, Valenti commented to reporters: "I think we want to nail them to the wall now".
    This sort of brutal remark is far more in character for a thug or gangster than for a "captain of industry". I for one would very much like to see this remark come back to haunt Jack in the worst possible way.
    Of course it would be much kinder if he were verbally skewered and humiliated by the likes of David Boies, rather than being physically crucified by a mob of enraged geeks, but sometimes when I am feeling less charitable, either version seems appealing...

  23. Yes, DeCSS is primarily about copy protection. by Anonymous Coward · · Score: 0
    As I understand it, DeCSS has nothing to do with copying. It removes the playback 'protection'.

    This seems to be the prevailing blindspot on Slashdot. I consider that position dishonest. First let me say that I think consumers have every right to copy their data, and I am very PRO-DECSS.

    DeCSS is very powerful for copying DVD's. Namely it allows them to be copied to the hard drive, and using freely available software, converted to an MPEG-1 (MPG) file which can be burned on one or two CD's. This can also be done in standard VCD format. The image quality is about VHS.

    There is also a new conversion using MPEG-4 for video and MPEG-3 for audio which produces an AVI of almost double the quality (resolution) of the above method with smaller output. It rivals the original.

    As CDR's are 50 to 100 cents a pop, you can copy a DVD pretty easily and cheaply. Of course you can use a VCR to copy it without DeCSS providing you get around macrovision protection. But everyone likes having their AV material in computer format.

    When DVD burners become more mainstream, we can just burn the decrypted VOB files directly to a fresh DVD disc. As I understand it, you can't do this without DeCSS because the area of the disc where the key is stored is pre-burned in the media with zeros. I don't know if a homemade copy will play in non-computer DVD players but it will on computers. I prefer watching DVD's on the computer anyway as the screen is flat and crisp.

    So IMO dragging this "DECSS is an innocent player-only app" sign is garbage. Why not stand up and say "YES, I want to copy my DVD's. So?" Consumers have had that right for a long time - to copy software, music, and videos for their own purposes. I also agree that it is a player issue, but not exclusively.

    Personally, I feel consumers should be free to share their data too. (In fact they are free, unless they choose to obey rules set forth by others.) I think selling the data is lame, but if people are stupid enough to pay for what they can get free, that's their problem. As for the artists, I guess they need to find a new model which reflects reality. Maybe their days of million dollar houses and limosines are over (for their managers too). Is acting really harder work than the average person does every day? But really I think there will always be multitudes who buy the line the purchase the inflated copies. Piracy has never stopped the studios from making huge profits, because a lot of people actually do believe in playing by their rules. Fair enough. But I realize everyone doesn't share that opinion. Regardless, DeCSS is Good (tm) for Legitimate (tm) purposes.


    Good and Legitimate are established trademarks of The Establishment, Inc.

  24. Re:Yes and no by Anonymous Coward · · Score: 0

    Your scenario was realistic until you suggested tat someone might be compelled to say "I like Kylie Minogue" ;-)

  25. Re: Yeah, right by Anonymous Coward · · Score: 0

    Absolutely correct. And it is not their business how I choose to view the media they distribute. Or where I can view it, for that matter. Truthfully, what they do here is not illegal, but it certainly is what I would consider an unethical business practice.

    Actually it is their business what media their content is being viewed on. That is like saying Apple does not have the right to say MacOS can only run natively on hardware they produce. If Joe Blow Hacker came up with a method for booting MacOS directly on Intel hardware, you are saying Apple should shut up and accept the fact that their intellectual property has been subverted to operate on a platform it was not intended.

  26. Apex players are from China. Why would DMCA apply? by Anonymous Coward · · Score: 0

    How does enforcing the DMCA and even private NDAs with the DVD-CCA bebefit China.? We all know no one is going to impose sanctions on China because it's the largest source of cheap labor on the planet. China knows this too. Ya know what? Apex is still making players. No fines, No lawsuits. No company shutdowns. No license revokings. No interruption of anything whatsoever. Enforcement? I just don't see it.

  27. Re:??? by Anonymous Coward · · Score: 0
    ``The man is f*cking NORWEIGAN! The ...


    If this is in error, please point this out me.''

    OK... That's: N-O-R-W-E-G-I-A-N

    (Geez, I'm feeling like such a smarta** today.)

  28. Re:Copy protection? by Anonymous Coward · · Score: 0

    The "real" purpose is to make sure that anyone who wants to play a DVD has to pay the DVDCCA for a license. It's all about the money.

  29. Re:Can't ffwd past commercials??? by Anonymous Coward · · Score: 0
    There is no way that they can force you to watch the commercials.

    I hardly think that's the point. How braindead do they think I am? I'm going to pay hundreds of dollars for a player whose keys are likely to be blacklisted in a few years? I'm going to pay for disks loaded with commericials (which surely have already been handsomely funded by advertisers) nearly twice what I pay for VHS loaded with commercials I can at least skip over, or even excise with a pair of scissors? Disks which only be playable as long as my player functions (since the keys'll be blacklisted, and even assuming there's no software bomb in the things we all know how well things are made to last these days)?

    God, I wish I could bilk people out of their money so easily. Well, you're right they can't force me to watch their damn commercials, 'cause they can't force me to spend my legitimately-earned money on their bullshit technology, I don't care haw goddamn sharp the picture's supposed to be. This is a racket, and for my part, it ends here.

  30. Copyright office hearings to dump circumv clause by Anonymous Coward · · Score: 0

    Cryptome has an article on upcoming hearings to reassess the copyright circumvention clause of the DMCA. It has an email address for comments until Mar 31. This is a chance to chip away at the excessive controls on IP by the commercial sector. One could submit suggestions and ideas, especially from bigger groups and experts (relevant testimony to the advantages and drawbacks). Please be responsible and reasonable, though - this looks like a pretty formal process.

    dingus

  31. here's $25 to buy a clue or a dvd -- your choice by Anonymous Coward · · Score: 0

    What you don't understand, because you don't know what you're talking about, is that this isn't about piracy at all. If you'd take your blinkers off and read the posts placed directly above yours about copy protection you'd see that deCSS doesn't enable any more ability for piracy than existed before. Pirates who actually 'damage' the industry use expensive professional duplication equipment and don't need deCSS. What they're really after is enforcing their region-encoding and their stupid advertisements that you can't skip. Having heard of these features, I for one will stay MILES AWAY from dvd until these bullshit 'features' are dropped. I WILL NOT PAY to be advertised at. WILL NOT. I WILL NOT PAY for an item that I cannot use in any way I see fit. This is an attempt by the movie industry to control HOW you see DVD's. Piracy is just a red herring. Please make an attempt to understand whereof you speak before you open your mouth.

  32. Re:Copy protection? by Anonymous Coward · · Score: 0

    What I don't understand is why they haven't been going after utilities such as Remote Selector that allow people with DVD-ROM drives to play movies from any region. After all, those would seem to do the same thing, right?

    Because they're slicker than you might think. If given hazzle about "denying fair use" they can always state that programs like Remote Relector enables you to bypass Macrovision and copy to VHS.
    And when VHS do become obsolete in the not-so-distant future... who'll remember?

    AC for no obvious reason

  33. Perspective by Anonymous Coward · · Score: 0

    I'm not sure its very helpful for us to pretend DeCSS doesn't have anything to do with copying. Keep in mind that: a) No-one has been prevented from writing DVD playback software for whatever OS they like. b) It has taken next to no time for people to build and distribute utilities based on DeCSS intended specifically for copying copyrighted material. DVD to VCD conversion tools don't do anything for our case I'm afraid. So let's stop pretending copying is not an issue. We all know there are VCD copies of films out there sourced from DVDs.

  34. Re:Can't ffwd past commercials??? by Anonymous Coward · · Score: 0
    If I wanted to make coffee, or use the toilet, I would have done it before I popped in my DVD!

    What if they started to slowly creep up the amount of time they allocated to unskippable commercials? What am I supposed to do then? GO out for a stroll?

    Ridiculous...

  35. Re:Puzzle by Anonymous Coward · · Score: 1

    "is produced for the purpose of circumventing
    a technological measure that effectively
    controls access to a copyrighted work."

    if it's so effective, how can it be circumvented?

  36. Where are $99 DVD recorders? 'til then, VHS lives. by Anonymous Coward · · Score: 1

    I am so sick of hearing how VHS is 'dead'. What are *YOU* recording off the air stuff with? Hey! I need my dose of Futurama, but can't be in front of the TV at that time. My rights had better be protected when the DVD-RW/RAM/whatever recorders finally do come out.

  37. Re:Can't ffwd past commercials??? by Anonymous Coward · · Score: 1

    Hell i've yet to see previews for OTHER movies on a dvd yet.

    I take it you haven't picked up a copy of DisneyTarzan yet? (A Disneyfied story that maintains only a few similarities to the original story, like the inclusion of characters names "Tarzan" and "Jane".) It's annoying enough that you can't skip past the FBI "no sh*t" segment but then you have to sit through a bunch of Disney ads for DisneyDVD(tm) ( = "Oh crap, we nearly missed the boat by backing DIVX, thereby telling the public that we think they're a bunch of drooling morons, so let's try to make it sound like there's something special about our DVDs. They'll buy that, after all, they're a bunch of drooling morons.") before getting to the Feature Presentation. I'd love a way to bypass all the BS and just get to the movie that I paid for in the first place.

    Now if there were just a way to smack the real morons who, unfortunately, have the money to shovel at lawyers who'll do anything for a buck, upside the head...

  38. Re:Thank God for DeCSS! The ultimate pirate's tool by Anonymous Coward · · Score: 1

    Yes, but it's entirely true.

    Anyone who doesn't think that DeCSS is about piracy has never read the README file that is distributed with DeCSS:



    - The Truth about DVD CSS cracking by MoRE and [dEZZY/DoD] -
    ------------------------------------------------ ------------

    Date: 4th of November 1999.
    By: [dEZZY/DoD], [MultiAGP & German dood of MoRE]

    This document is written cooperatively by the two groups that independently and simultaneously cracked the DVD Content Scrambling System, in order to straighten out mass media confusion.

    DoD -> Drink or Die: "warez bearz from Russia and Beyond"
    MoRE -> Masters of Reverse Engineering

    [dEZZY/DoD] alone is the author of DoD DVD Speed Ripper. MoRE is a new group and they are the authors of DeCSS. Lately, Jon Johansen of MoRE has been pretty much all over the news in Norway, though he had NOTHING to do with the actual
    cracking of the DVD CSS protection. Yes, it was MoRE who did DeCSS, but the actual crack was not a team effort, MoRE didn't even exist back when the anonymous German (who is now a MoRE
    member) cracked it...

    Most of the papers chose a headline very similar to this: "15-year old Norwegian cracked the DVD-code". They probably did this because they wanted to make a big Norwegian "Wooohoooo" out of it. This was also pretty much the contents of the TV show "Vestfold-sendingen" where they brought up matters from Vestfold, Norway where Jon Johansen
    lives.

    In most newspapers they vagely included the name MoRE, and that DeCSS was a team effort, but neither MoRE nor DoD liked the headlines. Jon's comment on this matter is: "I never told the media that I had cracked the dvd encryption.
    What I told them, was that we (MoRE) had made an app called DeCSS which would decrypt dvd movies and let them be played off your hd, or off dvdrs if you have a dvd burner. I always used _we_ and _MoRE_ when talking to them. I never said anything
    about me or my position in the group.
    Now that the storm is over, I see that all they were after, was to get a big story. They even included some of "my" quotes, which I never said. When media starts making up stuff, it's really sad. I know that this has been done before in Norwegian media, regarding the cooperation between a computer group at my school and the school people in charge of the network. All I can say is that I'm very sorry that the media twisted my words, and even lied, to make it appear as I had done the cracking myself. I'm pretty sure that I will do everything to avoid the media in the future, but if I'm forced to talk with them, I'll have to get them to sign an agreement. Again, I apologize on the behalf of Norwegian
    press, and I hope that this document will make everything clear. The truth shall set you free."

    DoD DVD Speed Ripper was developed by [dEZZY/DoD] at the same time as DeCSS. The first release of DoD's app (which came out a couple of weeks before the first release of DeCSS) did not work with all (WB) titles, like The Matrix. This was
    known by [dEZZY/DoD] at the time of his release. MoRE decided to wait until they could fix this. In short time, [dEZZY/DoD] solved the problem and MoRE's top coder/disassembler from Germany used that information to get DeCSS working with every
    movie before they released it, along with a GUI. DeCSS was then the first application which decrypted ALL dvd titles, since DoD had not released a new version to the public. How MoRE got
    their hands on the information by [dEZZY/DoD], seems to have something to do with the Linux community...

    Why Drink or Die didn't want to release a new version so soon, was because warez sites nuke programs that are too close in release (minimum 2-3 weeks). Meanwhile when DeCSS came out, it
    caused DoD to delay any Windows release until a GUI version of their Speed Ripper was done. However, they released a Linux version of their ripper late October 1999. As for the new Windows
    version of the Speed Ripper, [dEZZY/DoD] has been very busy with his education and hence the ripper is extremely delayed.

    [dEZZY/DoD] already got the idea of reverse engineering a DVD player for the CSS code back in late summer 1998. He was not able to do it at the time since he did not have access to a DVDROM. In
    the beginning of 1999, MoRE's German member also got the idea. [dEZZY/DoD] and MoRE's German member got CSS decryption code working at the same time (middle of September 1999), without
    having shared info (although they knew about each other). After [dEZZY/DoD] solved "the problem", MoRE's German member, as stated above, implemented these changes and added them to DeCSS for release.

    Before DeCSS was developed and released, MoRE had already sent the source for the decryption to their contact in the Linux DVD community, Derek Fawcus . This is the reason
    why one of Wired's news reporters was put on the case.

    [dEZZY/DoD] also had relations in the Linux DVD community (who does not want to be mentioned), but decided not to release the source code publicly (at least not for the moment).

    Enjoy the software!

    - Jon Johansen [MoRE]
    - anonymous German cracker [MoRE]
    - [dEZZY/DoD]


    Now, it seems pretty clear to me that a couple of big warez/cracking groups did not sit down one day and go "Gee, I think we should be able to play DVDs on our Linux boxen." No. The Linux development was just a cover to make the real reason...distribution of VOB files.

    DeCSS is a pirate's tool because without it, you need to do bit-for-bit copying of DVD media and then distribute it in physical form. Extracting to a VOB lets you serve the file on FTPs and FServes, or better yet...convert it to a more bandwidth-friendly format like nAVI or the mentioned Div-X.

    Face it people, warez and cracking groups are not out to spread Linux technology. They spread copyrighted materials. That's exactly what DeCSS helps people like the AC marked FlameBait do.

    AC runs the world!

  39. VHS movies are CHEAPER. VHS players are CHEAPER. by Anonymous Coward · · Score: 1
    Get it? DVD's at retail stores (read "where most will buy them") all hover arount $30/disc with $20/VHS for the same movie. The cheapest DVD player is $160ish. The cheapest VCR is $70.

    I know this is shocking to hear on this forum, but many of us are on a tight budget where every dollar counts. I don't need 12.4 sound and 5000 lines of resolution. I just wanna see phantom menace in the comfort of my own home without throwing lots of money away. VHS is 30-50% cheaper than DVD. Movie studios will not "stop making VHS" because they don't want to stop the flow of $$$ from a large chink of the people buying their movies. When DVD gets really cheap and VHS player/movie sales taper off *BECAUSE*FEWER*CONSUMERS*ARE*BUYING*VHS* then I will expect to see VHS production drop and eventually cease.

    The consumer market drives the decision of what format to stay with, *not* the MPAA/movie studios. Otherwise, why are new titles still being made in the US on VHS? Why are new titles still coming out on LaserDisc in Japan? Why are new titles still coming out on VCD in HK and Singapore? Hint: The local market (i.e. consumers) dictate what video formats will continue to exist and be supported.

  40. Two words/a solution for Jack Valenti ... by Anonymous Coward · · Score: 1

    HOT GRITS.

  41. Re:But why the error? by Anonymous Coward · · Score: 1

    Great analogy Dave. I would probably then write a second code down "h3110 w0rld" in order to demonstrate that with a little work, a couple of intelligent programmers could crack the code really easily.

  42. Re:Copying *isn't* illegal! by Anonymous Coward · · Score: 1
    Didn't the home recording act uphold this? Making copies for personal use is legal

    This is all about control. The record companies want to tightly control their market. They don't view the Linux market as large enough, nor viable to develop a player. They won't develop a player as they believe it must be open source, when in fact, a closed source player would be legal and somewhat acceptable.

    Remember the golden rule: He Who Has The Gold Rules

  43. Re:Where are $99 DVD recorders? 'til then, VHS liv by Eccles · · Score: 1

    A fucking RCA VCR $120 can do the ad filter for you, uses dead cheap media (.8 to 1.0 for 2 hours, how much that consume your hard drivein compatable quality?)

    I can write to cheap CD-Rs for $1/hour of MPEG-1 video, that's pretty comparable. The setup cost (computer+capture card+CD writer) clearly is more expensive, although it does have extensive abilities beyond simply recording programs.

    --
    Ooh, a sarcasm detector. Oh, that's a real useful invention.
  44. Re:Where are $99 DVD recorders? 'til then, VHS liv by Eccles · · Score: 1

    I am so sick of hearing how VHS is 'dead'. What are *YOU* recording off the air stuff with?

    Although I don't do it yet, if I didn't have a VCR I'd probably use a video capture card and a hard disk -- say an ATI All-In-Wonder 128...

    --
    Ooh, a sarcasm detector. Oh, that's a real useful invention.
  45. Re:Copy protection? by Eccles · · Score: 1

    Well, I suppose in practice it's no worse than the NTSC/PAL problems, but at least that technological conflict was the result of historical accident, not because greedy broadcasters wanted to control access to their shows.

    In practice, as well as in theory, you can buy machines that will play tapes both in PAL and in NTSC format, and output it to whichever format you desire.

    --
    Ooh, a sarcasm detector. Oh, that's a real useful invention.
  46. The MPAA's "property" that they claim is a myth by deanc · · Score: 1

    There is nothing inviolable about the "intellectual property rights" of the MPAA to control how and when someone may view the property that appears on a medium. Any rights they claim exist only in so far as they can be enforced... their "rights" are effectively mythical and are there only because we collectively "buy in" to this myth.

    We "buy in" to the idea that we should not engage in mass duplication of the program and distribute it far and wide. However, no matter what kind of legal claim a company may have to dictate how, precisely, I may use the data for my personal business is something that I have no reason to "believe in." Thus, their rights do not exist and pretty much end at the door to my apartment.

    The "property rights" that the MPAA are claiming are rights that amount to breaking into your house and telling you how you may or may not use your DVD. You can argue all you want about how the contract in their license gives them these rights and we only buy a license to use the DVD in a specific way, but their "rights" are a legal fiction that are only followed by those who believe them. And I disbelieve.

    If a television station said that it was illegal for you to record their programs, would you claim you were interefering with their intellectual property if you recorded the program on your VCR? Of course not, because you would regard it as an interference in your personal business, and such a claim by the TV station was inherently unenforceable and their right to tell you not to record it was a myth. The same goes for the MPAA in their claim that only "authorized" players are allowed to play DVDs.

    -Dean

  47. My letter to this author. by Forge · · Score: 1

    Sorry about the "Slashdot effect"

    That's what happens when your article is mentioned on http://slashdot.org a site which should have been a defendant but wasn't chosen for reasons I will soon discus. I would guess this is message number 130 or so :).

    OK. Let's get down to business. 1st there is the piracy claim. There is one little thing nobody you interviewed mentioned. Right now there are pirated DVDs for sale on the street in Taiwan. Those copies were produced without the use of DeCSS ( which isn't really complete yet ). The people selling the ~$3,000 DVD copying machines have not been attacked by the DVD-CCA or the MPAA yet. Never mind that the coping will soon spread to the US.

    Then we have the functionality issues. The encryption on DVDs is only used to limit playing of the movies not not copying of the disks.

    Finally there is the choice of defendants. 2600.com and slashdot.org did basically the same thing. post discussions of the code and links to download sites. Slashdot is more popular than 2600 and is frequently quoted in the mainstream media. However it is also part of a publicly traded company.

    2600.com by contrast has the image of a rogue site which for the last 5 years has been screaming about the injustice of Kevin Mitnic's arrest for cracking computer systems. In other words an easy target. The idea of this case is to have some court somewhere rule the DeCSS is an illegal technology. Once that is done it will prevent the likes of VA Linux and Diamond Multimedia from selling less expensive players which use that code rather than the code from the CCA.

    In short they are trying to retroactively patent something which was previously protected as a trade secret. This is exactly like the case of the Playstation emulator ( look it up ) except that they get to pick a target.

    PS : You will be flamed fewer times if you do more fact checking and don't appear to slant your story in favor of the bad guys ( prosecution in this case :)

    --
    --= Isn't it surprising how badly I spell ?
  48. If this is true, GET THE PUBLIC TO KNOW THIS!!!! by spitzak · · Score: 1
    If this is true, we need now to get Joe Consumer to know that open-sourced dvd playback will allow them to skip over being forced to watch the commercials and FBI announcement!

    To the average user, this is MILLIONS of times more persuasive than any argument about freedom or copyrights or the studio's money or Linux or anything. The masses will instantly be on our side, in forces you cannot comprehend!

    Yes, it can't be said officially, but this has to become public, common, knowledge!. It closely resembles the freedom we desire, but in a form that directly affects joe user and a way they can understand trivially.

    If necessary, figure out the worst things the DVD consortium can do (force you to watch a half hour? I dunno) and threaten the masses with it.

  49. Re:Copying DVDs by cdipierr · · Score: 1

    If a device existed that allowed you to do that, then yes you would have a good copy. But as I understand it, all currently available DVD-RAM devices zero out a certain header field to indicate they are not pressed discs. I assume devices that true movie "pirates" have circumvent this measure.

    Therefore, yes, CSS is just to prevent playing by unlicensed devices.

    Once again I think the author should have called the utility playDVD or something similar instead of DeCSS.

  50. DVD Audio by jjoyce · · Score: 1
    The article mentioned that DVD audio was adversely impacted by deCSS, which is so typical.

    Here's my question: what advantage to consumers, aside from larger capacity, is DVD audio going to offer over a CD? Isn't it all just PCM data anyway? I don't understand why the hell anyone is going to get excited about buying an audio disc (that's encrypted, no less) just because it has a larger capacity. The quality isn't going to improve any, from what I understand.

    Mankind has always dreamed of destroying the sun.

    1. Re:DVD Audio by Ice+Tiger · · Score: 1

      This is a real benfit with CD you can only output a triangle wave at 22khz. Contrast this to a good moving coil cartridge which can get a signal out at 35khz. You can't hear it but it means that lower down the spectrum you have better resolution.

      A lot of real high end gear does not have a treble and bass control.

      In theory you do as your analogue electronics is influenced by the source, in practice I doubt it.

      --
      "Because we are not employing at entry level, offshoring will kill our industry stone dead."
    2. Re:DVD Audio by luckykaa · · Score: 1

      Well, to answetr your question, DVD audio gives 24 bits at 96khz (I think these were the figures anyway). This is largely to please the obsessive audiophiles who think that CD isn't as good quality as vinyl.

      This sounds like its just a gimmick aimed at the people who polish their electrical plugs, since a lot of music fans now agree that CD quality has improved since they got to grips with setting the bass and treble levels for CD rather than vinyl

      And yes, there really are people who think that you get better sound if the plug at the wall gets better connecion.

    3. Re:DVD Audio by luckykaa · · Score: 1

      A lot of real high end gear does not have a treble and bass control.

      Sorry, I was talking about how the levels were set when the CD was recorded. It was the fault of the record companies, not the buyers. The fact that you can't actually adjust these on decent equipment meant that they could sound better on cheaper equipment.

  51. Re:Sorry bud... by Dastardly · · Score: 1

    It doesn't matter how lame my TPM is. If I encrypt something by XORing it with the the string "12345", it is illegal for you to produce a program which
    decrypts it.


    Actually, It does matter how lame your TPM is. Because of the word of the law says that you cannot circumvent a technological protection measure that effectively controls access to blah blah blah. Which means your lame XORing 12345 could be argued as not being an effective means of access control because it is dumb.

    Which is also why it matters if copying is practical without defeating TPMs because then the TPM could be considered ineffective and therefore not protected by the DMCA.

    The problem is that it is now up to the courts to define effective. A broad interepretation could make the XOR 12345 method effective. A narrow interpretation could make any currently feasible TPM totally ineffective.

    Dastardly

  52. Re:MPAA : Contradicting established practices by hobbit · · Score: 1

    to make it illegal to make copies presupposes the purpose of the individual making them

    They haven't made it illegal to make copies. That, after all, would fuel the fair use argument. They've made it illegal to circumvent access control measures, and impractical to make copies (by ensuring that only crippled DVD-R devices and media are widely available).

    Hamish

    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
  53. Re:Copy protection? by hobbit · · Score: 1

    Ay, fair enough. I was far quick to judge you. It was the sequitur that I objected to (Its ... illegal ... Therefore ... I ... will never do the same.) - if you feel that this cause is not worth going to jail over, that's a different matter.

    Hamish

    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
  54. This Should be about fair use by jjr · · Score: 1

    This Case should be about one thing and one only.
    The fair use of DVD I am glad that is what is
    happening. If someone pirated a DVD they should be
    prosecuted but using DeCSS to play a legal copy of
    a DVD you have that is something different. All we
    want is to use your DVD with the operating system
    of our choice.

    http://theotherside.com/dvd/

  55. Re:Can't ffwd past commercials??? by grahamm · · Score: 1

    There is no way that they can force you to watch the commercials. They can prevent you from skipping/fast forwarding past them, but (assuming the same format as VHS tapes with advertisments prior to the main movie) cannot prevent you from leaving the room (making a coffee, using the toilet or whatever) while the commercials are playing.

  56. Re:Copy protection? by grahamm · · Score: 1

    But haven't you already paid that when you purchase/rent the DVD movie?

  57. Reverse engineering defense without author? by joneshenry · · Score: 1

    I am not a lawyer.

    From what I understand, the Norwegian 16 year old Johansen didn't actually do the reverse engineering--it's some anonymous person/people in Germany and Holland.

    My reading of the DMCA is that reverse engineering is permitted only if the person doing it owns the product legally. As the authors are anonymous, it seems to me that it would be impossible to verify whether they had legal copies or not.

    I just don't see the reverse engineering legal argument standing up in the US court system. As I said, I know nothing about the law, but the cases of reverse engineering that were upheld by the courts such as Compaq's reverse engineering the BIOS for the IBM PC seemed to involve a clear line of accountability for how the information was obtained and who coded. I don't know if the technology underlying DeCSS would have passed the standards for legal reverse engineering even before the DMCA.

    In my uninformed opinion, with the growth of the Linux market, had DeCSS not been written, some company would have stepped up and paid the fees to produce closed source binary drivers, similar to the market for commercial X servers. I am wondering if the anonymous authorship will guarantee that at least in the US there will never be legal software for DVD playback.

  58. Re: Yeah, right by DavidTC · · Score: 1

    Um...yes, if someone manages to make something which lets people buy MacOS and run it on Intel (With is probably impossible without copywritten ROM, but let's pretend.), then, yes, Apple should just shut up.

    -David T. C.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  59. Re:Revoke their charters NOT TROLL by Ice+Tiger · · Score: 1

    Who set this to troll, the MPAA?

    It seems that this charter information is only beginning to surface again in the public mindshare.

    I would say that denial of copyright fair use, enforcement of player monopoly for consumer playback and legal intimidation to aquire rights above that granted by law are not in the public interest.

    Even if this gets nowhere maybe the whole issue will hit mainstream.

    --
    "Because we are not employing at entry level, offshoring will kill our industry stone dead."
  60. Re:Copy protection? by swb · · Score: 1

    Finally! Someone else who gets it. Anyone notice that China is its own region code? If that's not proof of the entertainment industry pandering to political interests, I don't know what is.

  61. Re:DVD-CCA is Legal License Holder for CSS? by Sloppy · · Score: 1

    So, now that the secret is out, we can create CSS-protected works, and it will be illegal for DVD-CCA to sell information or licenses for DVD players, and illegal for anyone (whether they have a license from DVD-CCA or not) to manufacture DVD players. DMCA will trample their rights just as much as it tramples ours.

    All we need is a blank/burnable DVD-R that doesn't have the key sector burned with 0s. Give me one of those (I'll buy a DVD writer drive myself), and this whole DeCSS fiasco will be over.


    ---
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  62. Re:Can't ffwd past commercials??? by kennedy · · Score: 1

    I've had a dvd player for a little while and i'm super happy with it. the only things i haven't been able to skip are the FBI warnings in the begining of the movie. I have yet to run into a dvd with ads for burger king or anything yet so i wouldn't worry aobut it too much. Hell i've yet to see previews for OTHER movies on a dvd yet.

    this could all change of corse.

  63. Re:Can't ffwd past commercials??? by kennedy · · Score: 1

    Nope i actually haven't bought tarzan. i never really wanted to anyway :)

  64. Re:Can't ffwd past commercials??? by Shadowlion · · Score: 1

    Not only do some DVDs have copyright warnings, but they have copyright warnings in multiple languages (my copy of Star Trek: First Contact has a "copying is prohibited" message in both English *and* French). Further, some DVDs also toss up one or more studio banners (the pegasus comes flying in, we get the WB seal, etc.) that can't be skipped past either.

    Frankly, I just want to watch the goddamn movie. If I really have a desire to find out what studio made the movie, I'll look on the packaging.

    *grumble*

  65. Re:Copying DVDs by Shadowlion · · Score: 1

    My understanding is that most "buy it at Walmart!" DVD recordable disks have the CCA key area already burned out, so that while you'll get the content you won't get the unscrambling keys.

    As a result, while all of the content on the disk is still there and reproduced perfectly, the DVD player can't descramble the content.

    The DVD encryption function is designed to restrict the user from being able to view it on an unlicensed machine. An unlicensed machine is one that has not paid the DVD-CCA for the algorithm that descrambles the DVD content.

    Draw your own conclusion as to what the DVD-CCA is protecting: content piracy, or their wallets.

  66. Re:Revoke their charters by B.D.Mills · · Score: 1

    That's an interesting approach. All you need now is enough people in Delaware to make it work. Recruit friends and relatives. The more noise you make, the better your chance of being heard.

    This comment is brought to you by a moderation bug where moderations of "Interesting" sometimes get changed to "Troll" for no apparent reason.

    --

    --

    The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
  67. Re:Is it Possible? by umoto · · Score: 1

    I suggested this in another article. I got marked down as a troll while you got marked up. Be grateful. :-)

    However, since ATI and/or Creative Labs have produced a DVD decoder card that essentially makes a bridge between the player and the video out signal, it is a relatively simple thing to write a Linux DVD player without lawyer scare... as long as you have the extra hardware.

    Now what I want to know is why it hasn't been done yet. Perhaps the community genuinely comprehends the magnitude of this fight and doesn't want to help the MPAA in any way.

  68. Re:Equal rights for consumers... by greenplato · · Score: 1

    Only several years AFTER the war was it abolished in the Northern states (and NY only abolished it in the 1830's if I remember correctly).

    The Civil War was fought in the 1860's, so I think you mean 1930, if you are not mistaken.

    The South has NEVER RECOVERED! Many down in the South lost all and their families NEVER recovered (black and white).

    Yeah, war is hell and all that.

    But if it's our nation's hypocrisy that bothers you, focus on the present and do something about it, rather than harp on the past.

  69. Re:Yes and no by Merk · · Score: 1

    Ok, that's for redistributing the original content -- what about taking it, reducing the quality and size, putting it on a CDR and selling it for $4. That's a legitimate worry of the movie people.

  70. Re:Yes and no by JackAssPenguin · · Score: 1

    "Lets not forget, the tracks on which DVD players expect to find the CSS keys and region info is also pre-burned with 0's. I have no idea how you'd get a movie on there that would actually play in a DVD player... "

    Simple. Make a player that looks elsewhere or alternatively makes this stuff up. Get the user to enter what region the disk is from and the player should already know a few keys. This is assuming you are playing it on computer though. :)

    --
    "DNA is God's contribution to the Open Source movement"
  71. Re:Sorry bud... by Trickster+Coyote · · Score: 1
    t doesn't matter how lame my TPM is. If I encrypt something by XORing it with the the string "12345", it is illegal for you to produce a program which decrypts it.

    Does this mean the rot13 decoder in my newsreader program is now illegal?

    --
    Ideology is for ideots.
  72. Re:The Death of VHS by My_Favorite_Anonymou · · Score: 1

    Yeah, I read it on Variety too.

    What I don't understand is why can't they have vary bandwidth technology. i.e. Fox has 8 channels and nbc got 10 (broadcast, not cable.) Fox decide to show low qulity tv while NBC decides to show true high definition, which uses 3-4 subchannle bandwidth.

    When they premiere movies like Titanic (just an example, it has the highest broadcast tv premiere right) Fox will use 5 channels to show it too. So when you click to Fox1, Fox2...Fox5, the TV will show the same high definition picture.

    A lot of local show really don't need high quality, they just waste good camera/film. They are already talking about digitally store the cartoons shows, which will have lower quality.

    Don't think media quality will go down? This has already happened, APS films are pretty bad compare to 35mm. It doesn't even have 800 speed, which is useless with its tiny lens, but nobody knows about it. Don't even let me start with the digicams.

    So when world series comes, we can have 3 channels for the high quality main behide-the-catcher cam, 2 sub channels for first base cam and center field cam. Fun!

    CY


    /_____\
    vvvvvvv../|__/|
    ...I../O,O....|
    ...I./. .......|
    ..J|/^.^.^ \..|.._//|
    ...|^.^.^.^.|W|./oo.|

  73. Re:Where are $99 DVD recorders? 'til then, VHS liv by My_Favorite_Anonymou · · Score: 1

    You people are really doing it the long way. A fucking RCA VCR $120 can do the ad filter for you, uses dead cheap media (.8 to 1.0 for 2 hours, how much that consume your hard drivein compatable quality?) Better once can even control cable box, good luck setting up those with your X10 or whatever.)

    What happen tomorrow a toaster and a launtry can be connected to your pc? YOU STILL HAVE TO PUT THE BAGEL IN THE TOASTER YOURSELF.

    CY


    /_____\
    vvvvvvv../|__/|
    ...I../O,O....|
    ...I./. .......|
    ..J|/^.^.^ \..|.._//|
    ...|^.^.^.^.|W|./oo.|

  74. vcd is MUCH worst than vhs.. by My_Favorite_Anonymou · · Score: 1

    here is a quarter, kid. Get yourself a blockbuster account.


    /_____\
    vvvvvvv../|__/|
    ...I../O,O....|
    ...I./. .......|
    ..J|/^.^.^ \..|.._//|
    ...|^.^.^.^.|W|./oo.|

  75. Re:Level of Encryption by macpeep · · Score: 1

    You don't need any export license because all the players are made in Japan.

  76. Re:Level of Encryption by macpeep · · Score: 1

    true - but the MPAA aren't - and exporting source code and/or compiled programs was just as illegal as hardware

    It's my understanding that DVD was invented in Japan anyway so no exporting of hardware OR software needed to take place. Sony? Toshiba? Hmm..

  77. Re:Revoke their charters by jregel · · Score: 1

    And this was marked "Troll" because....?

    Very informative IMHO!

  78. Why was linux made??? by nullset · · Score: 1

    if the deCSS program is outlawed, Chapman said, "Linux users would have to go out and buy Windows -- and Linux was created in cyberspace, by a community of users, to be an alternative platform to Windows -- because everybody thought Windows had too many problems."

    I have to disagree here. This alone makes me doubt the credibility of the article. Linux was actually made, AFAIK, as an alternative to minix. It just turns out that it's a plain old good OS :)

  79. Re:Fair Use and Access Control by pmc · · Score: 1
    More problematic, IMO, is that fair use is subjective and decided by judges after the fact.

    ...

    How in hell can you create software that is smart enough to tell if what you want to do is fair use, lets you do it if it is, and is still capable of preventing comparatively easy illegal copying?

    A good point. I feel, however, that the problem is in "their" (the producer's) court. They are trying to use technical innovations to eliminate piracy. That's OK, as long as it only eliminates piracy. CSS does far more than this (including region access control which probably violates world trade treaties, but that's another thread). What it definitely does is remove some "Fair Use" rights (the right to make personal copies, for examples). The fact that it stops other activities that are not fair use is moot - the test, IMHO, should be "This system is unacceptable because it prevents any sort of fair use" rather than "This system is acceptable because it prevents some 'unfair' use".

    As for parody, review and the ilk - there is already an estabilshed route within the current framework of copyright to obtain redress and restitution. If a movie company really objected your the parody of the matrix then they can do exactly what they would do if you parodied using VHS - sue. Taking the draconian step of preventing any parody ever that is based on the DVD because someone in principle could overstep the bounds of fair use is ludicrious.

    Thinking through the DMCA under this sort of model two things are clear: 1) CSS definitely removes some fair use rights and 2) DeCSS restored those rights. Now DeCSS does other things, but in my view that's too bad for the movie companies: a valid defence against reverse engineering and the ilk is "does it restore fair use rights."

    If they want their "technical solution" for the protection of copyright, they had better make sure that it protects everybodies' rights, including the purchasers', not just their own.

    Going back to your point: some fair use may be subjective and decided after the fact, but there is lots of fair use that is objective and has been decided. The latter is being prevented by technical means, and I believe this is wrong.

  80. Re:Fair Use and Access Control by pmc · · Score: 1
    : a valid defence against reverse engineering and the ilk is "does it restore fair use rights."

    This should read "a valid defence....should be "does.....

    Doh!

  81. MPAA! Put up or shut-up. by fiori · · Score: 1

    Let's circumvent this entire issue. Let's lobby the MPAA and the RIAA to set-up a program that allows the consumer to legally copy DVDs and CDs. If the only thing standing in the way of my copying a DVD to tape, etc. is a licensing agreement, then let me buy a license to copy. I'd pay an additional dollar, or two, to be allowed to copy a DVD or CD for personal use. This would take away the perceived consumer pirate market (as opposed to the professional pirates) and the artist should benefit from this type of agreement.

    If the MPAA continues to push there draconian control of the after-market access to their product, then new media will be developed. Consumers do not like to be oppressed and bullied. If they did, all cars would come in one color: black.

    1. Re:MPAA! Put up or shut-up. by beagle · · Score: 1
      I would cross-reference a link if i could find one.

      Here's your link: http://www.neweconomyindex.org/se ction1_page09.html

      Look in about the 3rd line of the first paragraph.

    2. Re:MPAA! Put up or shut-up. by Holyscapegoat · · Score: 1

      I'd pay an additional dollar, or two, to be allowed to copy a DVD or CD for personal use.

      You don't need to purchase a license to copy - if it's for your PERSONAL USE, it's already allowed. By law, no matter what those pieces of shit at the MPAA say.

      It's called "fair use". If you don't make a profit, you can copy it. Plain and simple.

    3. Re:MPAA! Put up or shut-up. by xblacksabbathx · · Score: 1

      >> If they did, all cars would come in one color: black. It's good to hear it put this way(even though "everybody" doesn't have a DVD player yet, and those that don't have one don't NEED one). When ford first started mass producing cars, people asked Henry Ford if they'd be able to get the new cars in any color they wanted. Henry Ford replied saying "Sure, you can get it in any color you want as long as its black." I would cross-reference a link if i could find one. I heard the quote on a video biography some time ago.

  82. Re:DVD-CCA is Legal License Holder for CSS? by ronfar · · Score: 1
    Ok, CSS used to be a trade secret, but DVD-CCA wants it to have the same power as a patent. Normally, once a trade secret is out, it is out. Fizzy-Cola can't call their cola Coca-Cola, but they can use Coca-Cola's recipe if they get it from taking a Coke to a lab and analysing it.

    However, lately the tactic that the DVD CCA, MPAA and it's ilk are using to go after DeCSS is that it violates the Digital Millenium Copyright Act because legally you aren't allowed, under that act, to create a tool to defeat any copy protection scheme. In this case, it doesn't matter if you figured out the DeCSS Algorithm in a clean room, the law says, "Just trying to figure it out is illegal."

    The DMCA is a horrible, evil law which was designed to upset the applecart on consumer's rights, destroying the delicate balance between the rights of copyright holders and those of the consumers who buy copyrighted material.

    Oh, phrases like "legal license holder" is just FUD used by the DVD CCA to confuse the issue.

    --
    All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  83. Re:Copy protection? by ronfar · · Score: 1
    They are probably not going after it because they are not aware of it. When their baleful gaze falls on something, like this:

    Wired Article:"DVD Player at Apex of Controversy"

    that can defeat their attempts to destroy fair use, they summon their lawyers and start making threats.

    The real goal is to make fair use de facto illegal, so that whenever anyone does something that could cut into their profits they'll have legal precedent backing them when they go after him/her.

    --
    All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  84. Re:Apex players are from China. Why would DMCA app by Cy+Guy · · Score: 1

    So are you suggesting they just mirror DeCSS on a webserver in China? That would be ideal I guess. Anyone have any friends in China with a high bandwidth website?

  85. ??? by tilleyrw · · Score: 1
    Why is he being charged with anything???


    The man is f*cking NORWEIGAN! The MPAA and RIAA are AMERICAN. He can say "fuck off" and just go back to "fondling his penguin".


    If this is in error, please point this out me.

    --
    This post encoded with ROT26. If you can read it, you've violated the DMCA. Handcuffs please, sergeant.
    1. Re:??? by SamBeckett · · Score: 1

      You misread the article.

      They aren't suing the norwegain-- they are suing a New York web publisher who refuses their requests to remove the deCSS source code.

  86. Re:The Death of DVD by homebru · · Score: 1

    OK, you caught me.

    But I also didn't list: bakelite (sp?) cylinder, 45rpm, 16rpm, wire reel-to-reel, and WAV files.

    Brings us to:

    Waxed Cylinder, Bakelite Cylinder, 78rpm, 45rpm, 33 1/3rpm, 16rpm, wire reel-to-reel, tape reel-to-reel, 8-track, casette, CDs, WAVs, MP3s

    That's a buncha times to buy "The Blue Danube".

  87. Re:Copying DVDs by leko · · Score: 1

    Is it currently illegal to sell blank DVD's, completely blank DVD's? I would think that it couldn't be, anyone know?

  88. Re:The Death of VHS by penguinicide · · Score: 1
    Is it just me or is everyone smoking crack 24 hours a day?

    I smoke it 25. (26 on leap day)

    --


    penguinicide... when jumping out a window just won't do.
  89. Re:The Death of DVD by penguinicide · · Score: 1
    Damn, you got me too.

    I should know better, I have a LD player.

    What is CED?

    --


    penguinicide... when jumping out a window just won't do.
  90. Re:The Death of DVD by penguinicide · · Score: 1
    Think back: 78rpm, 33 1/3rpm, reel-to-reel, 8-track, casette, CDs.

    You forgot two:
    Waxed Cylinder, MP3s

    i.e. - Waxed Cylinder, 78rpm, 33 1/3rpm, reel-to-reel, 8-track, casette, CDs, MP3s

    --


    penguinicide... when jumping out a window just won't do.
  91. Mac? by dufke · · Score: 1

    Aren't there DVD capable macs?
    -

    --
    __
    Comment submitted. There will be a delay before you understand what you posted.
    1. Re:Mac? by Tosta+Dojen · · Score: 1
      Yes, but not all that many people have Mac, so if you want to play a DVD on your computer, you are probably going to be using whatever Windows program MS has come up with.

      Luck is skill supplemented by chance. ~Ketriva

      --

      I have a strong belief in the Second Amendment.

  92. Re:Copy protection? by Alpha+State · · Score: 1
    CSS is not about restricting discs to a certain region, it is copy protection. The reason it's copy protection is that standard DVD players will not play a disc copied bit by bit to another DVD. They wont play them because they are designed not to. The keys for the content scrambling system (CSS) are on a section of the disc that the writers you can buy will not write to. You can copy the information but your DVD player will not play it for you and if you try to play it on your computer you will find that approx 10% of the picture is scrambled (i.e. just enough to ruin anyones enjoyment of it).

    So, I copy a DVD bit by bit and it doesn't work because there are no CSS keys on the disc. I decode it and copy it, and it doesn't work because there are no CSS keys on the disc. CSS is not a copy protection scheme because even if you do defeat it, you still can't copy the DVD (except as a poor-quality small MPEG or as images).

    The MPAA are trying to criminalise any use of the content they have not specifically authorised and any method used to do this. By criminalising any DVD players not authorised by them, they can enforce any bullshit they like on the consumer, such as region codes, forced advertisements and annoying notices, etc. If their agenda was really about copying they'd be going after all copying systems and DVD pirates.

  93. What we need is Copy Control, not Access Control. by Wolfier · · Score: 1

    They are in an obviously attempt to confuse the court into thinking that Access Control == Copy Control but in fact Access Control rips infinitely more power from the consumer to the movie industry.

    I'm 100% disgusted in their attempt to confuse - if you want to control "access", please define clearly that what is "access" and more importantly, what is NOT "access" so that the term cannot be broaden anytime you wish and people will have a clear idea about the boundary of your power.

  94. Let's try this again. by tycage · · Score: 1
    You are missing my point. Sure that's true now. But what happens when the powers that be decide they don't want it to be true. A VCR is only useful to view movies if they release them on VHS. They can stop doing that anytime they see fit.

    I'm not talking about recording stuff off the air, I'm talking about buying movies to watch at home.

  95. True, but... by tycage · · Score: 1

    The consumer market drives the decision of what format to stay with, *not* the MPAA/movie studios.

    Usually I would agree with you. But with the way the powers that be have been acting about all this, I worry that they will cut over before the normal market forces would dictate. What better way to get the new technology which they have such tight control over a jump start that to stop making the old one.

    The MPAA/movie studios are the ones who actually *decide* what format to release movies on. My worry is that they may make the decision from a more long term view than what consumers want now. The sooner they can force people into a format with all sort of nasty content controls on them, the sooner they can get people used to them, which sounds like the ultimate goal. Why spend all the money on a court battle over a feature that you don't have any long term plans for?

    That's all I plan to say on this thread. You do make good points, but it's not the normal case I'm concerned with here, it's the extreme one

  96. Re:Copy protection? by KeithT · · Score: 1

    With VHS, region protection was a non-issue; if you produced a video for Europe, for instance, you couldn't watch it in the States without a PAL/SECAM to NTSC convertor. The incompatibilities of the technologies served, accidentally, as a tool for the studios to limit distribution of their products by region.

    --

    "The best way to do mathematics is to be creatively lazy." -I. M. Isaacs
  97. Re:What about the future? by NorseThunder · · Score: 1

    Grr... Windows just crashed on me while I was watching a DVD and finishing posting a reply, so this is the condensed version of what I was saying, with regard to future Macrovision copy protection and whether or not the MPAA is thinking ahead to HDTV:

    The other day at Sears, I overheard an HDTV technician telling a sales rep that the current model of a certain HDTV decoder boxes with connectors for digital output of the decoded video stream was being recalled, and the next generation would be shipped without the connectors. He said that the reason for the recall was because "Hollywood" had told the manufacturer that this connection made it too easy for people to make copies of HDTV broadcasts too easily. (I am assuming that Hollywood==MPAA & movie studios.) Obviously, "Hollywood" is thinking about the future of digital entertainment and is taking aggressive steps to place as many obstacles as possible in the consumer's way before the consumer realizes what has been taken from them. This disgusts me, and I only wish I had the money to buy one of the decoder boxes with the digital output before they are gone forever!

    -- NorseThunder

    Classic random Star Wars script excerpt:

    HAN: If we can just avoid any more female advice, we ought to be able to get out of here.

    -- Star Wars, Episode IV: A New Hope

  98. Copying DVDs by Mendax+Veritas · · Score: 1
    One thing I don't quite understand about this whole issue...

    Let's assume I take a pre-recorded DVD (of, say, The Matrix) and a blank DVD. I copy all the bits from the Matrix disc to my blank disc. (I don't decrypt anything; I just copy everything, encrypted or otherwise, from one disc to the other.) Have I successfully created a pirate copy of The Matrix, or will my copy not work for some reason? In other words, does DVD encryption function as DVD-to-DVD copy protection, or does it merely prevent DVDs from being read by unlicensed devices? If it isn't copy protection, then it's useless; there is so much data in a DVD edition of a two-hour movie that it's impractical to store it on your hard disk and share it with friends over the Internet.

    1. Re:Copying DVDs by Trinition · · Score: 1
      That last argument is not, IMHO, a good argument.

      How many times in history have people been made fools by clinging to the present-day's capacities? IBM has just released 70GB hard drives. Some machines are coming with 256MB of RAM. Banwiwdth *is* increasing ("they" just did 3+ terabits over fiber!)

      You can't rely on an argument of capacity for piracy to say it won't happen. Capacity is not constant, but ever increasing.

    2. Re:Copying DVDs by Anomalous+Canard · · Score: 1

      That last argument is not, IMHO, a good argument.

      It's an argument that demonstrates that the intent of the authors of DeCSS was not piracy, but rather something else (i.e. playing DVDs on Linux). Since the DCMA speaks to intent, this argument is on point for the currently pending cases.

      Anomalous: inconsistent with or deviating from what is usual, normal, or expected

      --
      Anomalous: deviating from what is usual, normal, or expected
      Canard: a false or unfounded repor
    3. Re:Copying DVDs by finkployd · · Score: 2

      Congrats, you are smarter than nearly everyone in the media who has written about this. Yes, you are right.

      Finkployd

    4. Re:Copying DVDs by SnatMandu · · Score: 2

      A bit-for-bit copy would be identical to the original. No player could tell the difference. This is exactly why "deCSS is a pirate tool" is either false or misleading. Anyone with access to the (expensive) equiptment to duplicate DVDs in this manner can make as many copies as they wish. Most consumers do not. CSS controls how you access the content (and where - region codes). It also keeps you from decrypting the video and saving it, say, on your hard drive.



    5. Re:Copying DVDs by Steve+B · · Score: 2
      Of course, a bit-by-bit copy of the entire disk would work just fine without any need for the copier to break the encryption.

      It's not possible to do such a bit-by-bit copy with commercially available DVD blanks, because they have a track (where the CSS keys are stored) pre-burned. However, anyone with access to completely blank DVD disks can make playable bit-by-bit copies. The effect is that the large-scale bootlegging problem (mass production in see-no-evil jurisdictions) is unaffected by CSS.

      The real issue here is that an open-source CSS player could allow consumers to circumvent region coding, playback restrictions (e.g. disabling fast-forward), etc. For obvious reasons, the industry prefers to wave the bloody shirt of "piracy" rather than admit that it doesn't want to let you play imported Japanimation DVD or zip through the ads at the beginning.
      /.

      --
      /. If the government wants us to respect the law, it should set a better example.
    6. Re:Copying DVDs by KeithT · · Score: 2

      If you're a professional movie pirate, with thousands upon thousands of dollars of duplication equipment and a DVD press, you can create as many perfect copies as you want.

      If you're just an average guy with a DVD-RAM, it won't work becasue the DVD-RAM (or DVD-RW or whatever writable DVD format) blanks have zeroes written to the area which normally stores the CSS keys. Unless you decrypt the bitstream before copying, you will have just made yourself a $30 coaster.

      This sort of protection appears to be designed to prevent the average user from making a casual copy to give to his friends rather than shutting down overseas pirates, keeping in mind that the cost of a writable disc will be negligible in a few years.

      --

      "The best way to do mathematics is to be creatively lazy." -I. M. Isaacs
  99. Re:Copy protection? by Mendax+Veritas · · Score: 1
    It seems like the only real use of CSS is to make sure people in Japan can't play the movie if they buy it in the States, or some such nonsense.
    So if I'm living in the USA, and I have a library of DVDs bought locally, and then I move to Europe and take my library with me, I'd better make sure to keep an American DVD player around. Meanwhile, I'll have to buy a European DVD player to watch any discs I buy or rent there...

    Well, I suppose in practice it's no worse than the NTSC/PAL problems, but at least that technological conflict was the result of historical accident, not because greedy broadcasters wanted to control access to their shows. This time around, it's sheer greed and stupidity, and I resent it.

  100. Can't ffwd past commercials??? by Mendax+Veritas · · Score: 1
    A typical DVD disk can contain advertisements that viewers normally cannot skip or fast forward through.
    I don't have a DVD player yet, and have only seen DVD in store demos. Is it really true that some DVDs contain commercials that standard DVD players won't let you skip or fast-forward over? That sounds pretty vile. Some VHS tapes I have bought contain more than ten minutes of advertising before the feature program. If DVDs also have these ads, and prevent you from skipping them, then I think I'll just forget about DVD and wait for a more consumer-friendly digital video standard.
    1. Re:Can't ffwd past commercials??? by theancient1 · · Score: 1

      Most DVDs have the distributor's logo, and a bit of animation as the main menu is drawn. That's fine. Some of them, as others have mentioned, also force you to watch the FBI warning. Not so nice. But, as could be expected of large corporations, they're now starting to realize that they can put ads there too. Disney decided to stick 4 minutes of ads at the beginning of the Tarzan DVD. Not surprisingly, some people complained. Disney responded by saying that the ads are "a benefit for consumers."

      Myself, I like trailers. I just don't want to be told when to watch them. Many DVDs include a "trailers" item on the main menu, and I always watch them, just to see if there is anything interesting. But forcing me to watch them every time I put the DVD in the player? That's a bit much. In Disney's A Bug's Life, they had screen where they showed the boxes of other Disney titles, but no trailers. It seems like Disney hasn't realized that one of the selling points of DVD is that it is interactive, not linear. Perhaps ads are a benefit to consumers; however, forcing us to watch 4 minutes of them every time we use the DVD is just annoying.

      "Tarzan" DVD forces viewers through a jungle of previews

    2. Re:Can't ffwd past commercials??? by jedwards · · Score: 1

      Yes it is true. Lots of disks have the copyright warning at the beginning that can't be skipped (30 seconds-ish)and a few have advert from the studio - it's usually 30 seconds or so of quickly flashed images from their films. I've yet to see an entire trailer that can't be skipped.

    3. Re:Can't ffwd past commercials??? by Fishstick · · Score: 1

      Yeah, but that's the exception, not the rule. Most of the discs I own get to the menu in <30 seconds. Overall, it beats the hell out of VHS on a number of points. I sure like being able to jump straight to a scene in a movie and do slo-mo and freeze and stuff (not to mention that you never have to rewind ever again :-) ) Too bad there's so much crap with CSS... I waited to buy a player until DiVX died and now this crap starts up.

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    4. Re:Can't ffwd past commercials??? by Fishstick · · Score: 1

      Then you obviously haven't bought the Disney DVD release of Tarzan.

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    5. Re:Can't ffwd past commercials??? by Pfhreakaz0id · · Score: 2

      Geez. The more I hear about DVD, the less I want one. That's just obnoxiuos.
      ---

    6. Re:Can't ffwd past commercials??? by Fishstick · · Score: 3

      >Is it really true that some DVDs contain commercials that standard DVD players won't let you skip or fast-forward over?

      I've only encountered one such situation that seemed really bad: the Disney release of Tarzan on DVD. Normally, you pop a disc into the player and you sit thru a few seconds of "FBI WARNING" screen that you cannot skip, then the interactive menu screen comes up to let you pick subtitles, alternate languages, special features and play the movie.

      But this damned Tarzan disc shows about 3 minutes of ads and movie trailers that you can't skip past. When I hit the menu, skip or FF buttons, I just get the little red circle with the slash through it just like if I try to skip the FBI warning. Damn annoying. I think I heard someone say that they did this by putting this crap on the same track as the FBI stuff which the player is pre-programmed to always play. Seems pretty shifty to me and if Disney makes a habit out of this, then they will really piss consumers off.

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

  101. Re:But why the error? by c+o+r+e · · Score: 1

    Probably the same inability to reason that allows the US crypto export regulations to exist instead of being discarded as utterly ridiculous because the regulations are trying to control the export of something that has already been exported and is widely available all over the world. I've been asking the same question about the crypto regs:

    "What is the response of the proponents when asked what good does this do in light of the contrary evidence?"

    I have never seen Louis Freeh or any of those yahoos pushing for crypto regs give an answer to this. The reason? Maybe they aren't being point blank asked the question. The reason for that? We're back at square one.

    -core

  102. Re:Yes and no by rossgbaker2 · · Score: 1

    Casual Linux users will be able to make those copies as soon as the DVD-rom file system is widely distributed. That is right around the corner. DeCSS is much further from widespread usability -- especially with the current economics of the disks.

  103. Once Again by DevilEye · · Score: 1

    They miss the fucking point. It is not a matter of piracy, it is a matter of being able to play the disk. All it takes to pirate a DVD disk is a DVD-R drive.

    --
    When you're crushing a man's windpipe with your knee, you can be sure he will attempt to bite you.
  104. Re:Copy protection? by -brazil- · · Score: 1

    Unfortunately, machines that can truly convert between the formats are about 20 times as expensive as low-end ones.

    --

    The illegal we do immediately. The unconstitutional takes a little longer.
    --Henry Kissinger

  105. Re:Puzzle by -brazil- · · Score: 1

    Wrong. The funny thing is, there is no patent of any kind on the CSS code. Therefore, you don't need a license for it. If this were about licensing, the MPAA would have won the case months ago. But there is no licensing issue, therefore they have to try and win it on the stupid copy-protection argument.

    --

    The illegal we do immediately. The unconstitutional takes a little longer.
    --Henry Kissinger

  106. Re:The Death of VHS by bfree · · Score: 1

    They make money twice. Once for the license on the player, then once again on the DVD media itself.
    No, they make money at least twice. Once on the DVD itself, once for each piece of hardware to use the DVD and finally once for each piece of software used to view the DVD. The question is will we have to pay for any "flash" hardware upgrades as each revision requires a new payment to the assholes (sorry, but giving them any name other than the Major Pricks After Anti-Trust just doesn't seem right)? And will each version of your DVD viewing software require a new license/payment?
    Is there any reason why a DVD cannot be produced WITHOUT using CSS? And if not, how long before Independant film makers, regional film makers (i.e. Bollywood) and many others choose NOT to use CSS as they would LOVE to be able to send one version of the media to anywhere on the planet? CSS only protects the rights of the Masturbating Practioners Association of America to try to milk money, lets see if America really the power to make the rest of the world follow if its legal system is stupid enough to allow it.

    --

    Never underestimate the dark side of the Source

  107. [OT] an idea by The+Madpostal+Worker · · Score: 1

    Id always wondered abotu this... what stops you from producing DVDs that use a string of zeros as the CSS key?

    is this a manner for people to produce their own videos that can play on any DVD player.

    Just an thought..

    so would this work?

    --

    /*
    *Not a Sermon, Just a Thought
    */
  108. Re:Copy protection? by jallen02 · · Score: 1

    Okay, Speaking from a totally legal stand point.

    Its been proven illegal in a court of law

    Therefore you are taking the law into your own hands so I admire you but will never do the same.

    Jeremy

  109. Re:Copy protection? by jallen02 · · Score: 1

    No, There is no sense in speaking anonymously when it defeats the purpose of my post.

    I am not out to change the world.

    I am not willing to do something illegal to prove to the world I believe that I am right.

    True never is a strong word. At this point I truly believe I will never do something so it is a belief now but I am aware never and forever do not always work.

    Call it cowardice, whatever you feel like calling it. I have more to lose at this point in my life than I will ever gain by being a hero to people. That is an assumptive statement and if it is false I just do not care, which is really the heart of the issue.

    People need and depend on me. Life CAN and does change in a single day, for example the day my wife was killed.

    I am not willing to lose again at this point. Take the meaning from your satirical signature about walking a mile in a man's shoes.

    No, people are more willing to judge than actually discover who people really are so do not speak to me about a revolution I have had a few to many in my life.

    Jeremy

  110. Re:Copy protection? by nuance · · Score: 1

    CSS is not about restricting discs to a certain region, it is copy protection. The reason it's copy protection is that standard DVD players will not play a disc copied bit by bit to another DVD. They wont play them because they are designed not to. The keys for the content scrambling system (CSS) are on a section of the disc that the writers you can buy will not write to. You can copy the information but your DVD player will not play it for you and if you try to play it on your computer you will find that approx 10% of the picture is scrambled (i.e. just enough to ruin anyones enjoyment of it). The regional coding is a totally separate issue. I live in Europe and everyone I know who owns a DVD player has had it modified to play discs from all regions, they have not disabled CSS. CSS is a totally different system designed for a different purpose.

  111. How would WE do it?? by milliyear · · Score: 1

    Off-Topic, I know, but how would WE design this system?

    Assuming that we had to
    a) protect the rights of the content creators to make a FAIR buck from their movies. This would be mainly implemented by preventing mass quantities of content from being made WITHOUT paying royalties to the original content creator.
    b) Allow owners of media who HAD paid proper royalties to view the content on THEIR choice of dedicated players, computer systems, hand-held devices, or anything else that technology could come up with.

    Any thoughts? Maybe we could help design the NEXT system. And it sems inevitable that their will be a NEXT system, now that the CSS cat is out of the bag.

    1. Re:How would WE do it?? by rgmoore · · Score: 2
      Assuming that we had to
      a) protect the rights of the content creators to make a FAIR buck from their movies. This would be mainly implemented by preventing mass quantities of content from being made WITHOUT paying royalties to the original content creator.
      b) Allow owners of media who HAD paid proper royalties to view the content on THEIR choice of dedicated players, computer systems, hand-held devices, or anything else that technology could come up with.

      Very simply- don't try a technological solution, try a legal one. Don't put any kind of anti-copying gizmo into the media being distibuted.

      Instead, put effort into tracking down people who are illegally attempting to copy the information we want to protect. Build a super-duper web crawler that looks for bootleg movie sites. This shouldn't be too tough. For a web-site to support an economically meaningful level of bootleg copying, it would have to have hundreds of GB of traffic per day, and that cuts down on the number of sites to look at drastically. When you find one, use your existing rights under copyright law to nail the perpetrators. Track down illegal copying rings that sell bootlegged physical copies. When you find the people, prosecute them to the full extent of the law.

      In general, wait until after somebody breaks the law before punishing him. Customers should be presumed innocent until proven guilty. When they're found to be guilty of copying illegally, go ahead and nail them to the wall. But give them a chance to obey the law before you take away their rights.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

  112. Re:Fair Use and Access Control by SarekOfVulcan · · Score: 1
    Is it OK to make a "parody" of The Matrix which uses the complete original footage but a replacement humorous sound track? How about taking the original sound track and using it with new, homemade footage?
    Hmmm... Park Wars: The Little Menace might have some bearing here....
  113. Delaying DVD audio by luckykaa · · Score: 1

    Okay somebody explain this to me.

    The DeCSS hack is blamed for the delay in DVD audio. This must be costing the industry millions! Are they trying to tell us that they are willing to sell NO discs at all in case they lose a sale to piracy?

    Actually it reminds me of the type of school teacher who would punish the whole class because a single person was misbehaving, and blaming it on the naughty child. (A tactic that still results in the kids laying the blame solely on the teacher).

  114. Reverse engineering CSS by luckykaa · · Score: 1

    Why not reverse engineer DeCSS (outside the US)? That doesn't have any licence agreement preventing this, and the source code is supplied.

    Using this code, produce a DVD player that is very strict about the technologies that actually ARE used to prevent copying (e.g. Macrovision), and not about those that are about control (e.g. regional coding, unauthorised playback, preventing fast forward). The point is that anyone who tried to ban this would find that it couldn't be used to copy discs, so they wouldn't be able to use the piracy angle to try to ban it.

    1. Re:Reverse engineering CSS by luckykaa · · Score: 1

      The reason I suggested reverse engineering is because of the GPL. If you were obliged to supply source code, then there is a greater possibility of the "It could be used for piracy" argument to stop it.

  115. Re:What about the future? by sik+puppy · · Score: 1

    A couple of comments/notes

    this turned out a little long, and maybe a little awkward but here goes:

    Macrovision - how it actually works, is it tampers with the vertical sync pulses of the output video, increasing and decreasing its amplitude. VCRs set their record gain by amplifing/attenuating the entire signal until the sync pulse is at the correct level. In plain english its like constantly adjusting the brightness setting on your tv. A very simple circuit can defeat this.
    ----
    Much of the holdup for HDTV is because of these issues. Also, the DMCA applies here. A HD vcr will be able to record a perfect digital copy of programming. The sets are coming down in price at a rapid rate - i've seen HD ready sets closing in on $2k, without the set top box. (If you are going to buy a set DO NOT buy one with a built in HD tuner - get an external set top box so you can upgrade it). Expect to see the prices drop much further by Christmas time. The amount of information in the HD pipe is incredible - over the air @ 19 mb/s. (Raw HD is 1.5 gb/sec). In any case, the only available hd vcr machines at the moment are commercial grade, and quite expensive: the current sony lists for $58,500; a fuller featured panasonic at $100k - not for home use. Expect to see something like the DAT "solution" - some kind of the copy of a copy protection inserted before hdvcrs hit the home market. This is a VERY big issue in broadcasting - many people aren't going to buy HD sets until there is something to watch, and no one is making programming for HD because there are no sets out there. I've watched some HD and it is awesome - the Super Bowl was so much better in many ways.

    As to what the final outcome will be - anyones guess. If you have ideas that will balance the needs of ip holders and consumers, the broadcast industry is really looking for one. They just want to get the ball rolling, and start recouping the very high cost of getting HD on the air, not to screw end users for every last cent, unlike the mpaa (although they are some of the same companies). Broadcasting and computing/networking are rapidly converging - in most major markets, all the spots (ads) you see are being played from video servers, not tape. Many of the DMCA issues are rearing their ugly head here too (remember when vcrs first came out and there were court fights about taping tv shows to watch later? and advertisers pissed because you could skip their ads and go back to your show without viewing their stuff?)

    Those of you in the Las Vegas area April 8-13 can visit the NAB (National Association of Broadcasters) and see a lot of this stuff and where the future of audio/video is going commercially. Also see www.nab.org

    -

    --
    The first thing we do, let's kill all the lawyers. Shakespeare, Henry VI, Part 2, Act 4, Scene 2
  116. Re:Level of Encryption by Boulder+Geek · · Score: 1

    The DSS algorithm uses 40 bit keys specifically because of export restrictions.

    --
    A well-crafted lie appears unquestionable - Dama Mahaleo
  117. Re:DVD-CCA is Legal License Holder for CSS? by Anomalous+Canard · · Score: 1

    CSS is considered to be a trade secret by the DVDCCA (by whatever name they are using now) and the MPAA. The CCA licenses the CSS "trade secrets" to various licencees that make various DVD-related components and content who (1) pay for the priviledge of being licensees and (2) contractually agree to several conditions in return for the license. For example, respecting the region-encoding and macrovision on output is technically a requirement of the license, but several players have been found to have secret menus or remote control sequences that disable one or both of these "features".

    Anomalous: inconsistent with or deviating from what is usual, normal, or expected

    --
    Anomalous: deviating from what is usual, normal, or expected
    Canard: a false or unfounded repor
  118. But why the error? by Skald · · Score: 1
    The article contains a common error - 'a computer program which removes DVD copy-protection'. As I understand it, DeCSS has nothing to do with copying. It removes the playback 'protection'.

    You're right, of course... but why the heck is this fact going completely unrecognized by both the media and the court? I realize I'm a geek, but the idea that you can't protect against somebody copying a disc bit-by-bit doesn't seem that complex to me.

    Is this just a Jedi mind trick on the part of the MPAA? "DeCSS IS a pirating tool!" For the life of me, I can't figure out how this case is holding any water at all.

    --

    "The best we can hope for concerning the people at large is that they be properly armed." - Alexander Hamilton

    1. Re:But why the error? by DaveHowe · · Score: 2

      oh - in case anyone is wondering, it says "hello world" :+)
      --

      --
      -=DaveHowe=-
    2. Re:But why the error? by DaveHowe · · Score: 2

      Great analogy Dave. I would probably then write a second code down "h3110 w0rld" in order to demonstrate that with a little work, a couple of intelligent programmers could crack the code really easily.
      Nah - if I did that, I would get arrested as I am obviously that "c00l Hax0r" that defaced all those websites :+)
      --

      --
      -=DaveHowe=-
    3. Re:But why the error? by DaveHowe · · Score: 5
      You're right, of course... but why the heck is this fact going completely unrecognized by both the media and the court? I realize I'm a geek, but the idea that you can't protect against somebody copying a disc bit-by-bit doesn't seem that complex to me.
      So far, it appears to be because the lawyers have tried to fight it on free-speech grounds, where it is a thorny and borderline problem. even the densest judge would start to get a glimmer of sense if you presented him with the following:
      1. show him piece of paper with the letters "y3oo9 294oe" on it
      2. tell him it is a message in code - that without the secret key, you can't decode it
      3. get a second blank sheet, and write on it "y3oo9 294oe"
      4. show him that, without understanding the code, you have successfully copied it to a blank sheet - so that the copy can be used to decode the message as well as the original could
      Mind you, judges can be pretty stubborn if they want to be :+)
      --
      --
      -=DaveHowe=-
  119. Level of Encryption by MerkuryZ · · Score: 1

    Does anyone know offhand how strong the encryption is on a DVD ... do you need a Export license to send a DVD/DVD player to Iraq...Just thinking about ways to turn the tables on this one. I'm not a lawyer...any ideas?

    --
    perl -e "print(pack('H37','4d65726b7572795a40676e7572642e6e6574'))"
    1. Re:Level of Encryption by DaveHowe · · Score: 2

      You don't need any export license because all the players are made in Japan.
      true - but the MPAA aren't - and exporting source code and/or compiled programs was just as illegal as hardware.
      --

      --
      -=DaveHowe=-
    2. Re:Level of Encryption by Anomalous+Canard · · Score: 2

      40 bits of encryption. i.e. export-grade encryption before the encryption controls were lifted.

      Anomalous: inconsistent with or deviating from what is usual, normal, or expected

      --
      Anomalous: deviating from what is usual, normal, or expected
      Canard: a false or unfounded repor
  120. Re:Fair Use and Access Control by Holyscapegoat · · Score: 1

    This sounds good, but it's going to be hard to implement. The problem is that fair use rights a) are very broad and b) can only be determined legally after the fact.

    I understand what you're saying here - but I have to disagree. Just because something is difficult to do gives these bastards the right to take away my "fair use" rights? Fuck that. It's the MPAA's responsibility to implement a system like this, not ours, and their lack of legal and effective access control methods is certainly not our problem.

    The real problem here is that the MPAA and all of the other Evil Acronyms(TM) are attempting a pre-emptive strike against digital copying of their copywrited works. Even LEGAL copying. Well, I understand their position (retarded as though it may be), but they just need to shut the fuck up. If they catch pirates who *ARE MAKING MONEY* then they should sue/jail/castrate. That's fine, that's the law, it's wrong to make money from someone else's IP. But preventing me from making a digital backup copy? One that I won't be giving away or selling? That's wrong, that's a violation of my rights, and it must be stopped.

  121. Free Access by Norulez · · Score: 1

    "We demand free access to information...but it comes with some responsability..."

  122. Re:DVD-CCA is Legal License Holder for CSS? by connorbd · · Score: 1

    You're forgetting one thing. One can make a case that defeating CSS is protected under DMCA as reverse-engineering for interoperability (how can it be otherwise, is what I'd like to know). But DeCSS is essentially clean-room -- we still don't necessarily know the encryption algorithm, and without that you still can't burn a CSS-protected DVD. To be honest, DVD is, right now, too much. It is an incredible format -- there's no better way to watch a movie at home -- but production seems to be a bitch and the fact remains that the MPAA will fight to the death over the issue (I still think it's interesting that the DVD patent holders couldn't seem to care less about this whole flap). Wake up, movie people: with DeCSS on the scene, you're no better off than the RIAA vs. MP3. You've already lost -- give it up gracefully. /Brian

  123. Re:Is it me or does CSS smell like anti-trust bait by ImpintheBox · · Score: 1

    This is what I have assumed all along. The pirating issue is economically absurd at present and for the immediate future. Has anyone inquired about licensing the technology for a Linux player? What would the cost be? Is there any information on what the license fees are for M$ players? Would a license fee for a Linux player be prohibitive? Would the idea be rejected out of hand? How about an e-mail campaign in the nature of "Hey, this DVD stuff looks really cool. If you had a *NIX version I would be very interested....". Perhaps finding a consumer freindly federal judge (is their such an animal?) and seeking an injunction against the further distribution of DVD players which violate fair use of copyrighted materials would be interesting.......

    Most definitely not a lawyer, but there is nothing wrong with my sense of smell.

  124. And game cracks??? by packman · · Score: 1

    I don't know how the MPAA is going to win this lawsuit. Look at game cracks - game industry did somewhat the same almost 7 years ago, but against game cracks - they lost it. The program itself is not illegal, it is the usage of it.
    For all you game cracks go to megagames

    When you download the prog, it does not mean you are going to use it. I downloaded it, took a look at the sources, and kept it. I never ran any binary form of the prog(don't have a DVD device:).

    Now I just need a DVD drive and I can start copying DVD's :)

  125. Re:Thank God for DeCSS! The ultimate pirate's tool by xblacksabbathx · · Score: 1

    Now thats not very nice ;]

  126. Copyright Expiration and Cultural Inheirtance by 3247 · · Score: 1
    Suppose, for instance, that a movie studio releases a DVD version of a very old movie that is no longer under copyright. They should have no right to control your ability to copy it, since it's now in the public domain.

    Not really: The DVD itself still has the copyright, although the film does not.

    But there's another problem: If content is copy-protected, this not only has effects on copyright expiration.
    As noone is able to copy it, there is no possibility to copy it to new media, convert the format etc. So after the author/company has lost interest in the product and does not produce any longer, the time will come when all copies are broken or can't be played in modern equippment - and no new copies are produced. Finally it's impossible to get the work in any form. The work will be lost completly.

    So maybe in 100 years from now, it will be impossible to view any films that were created fully digitally - and copy protected.

    --
    Claus
  127. Re: Yeah, right by Tosta+Dojen · · Score: 1
    "DeCSS was written to defeat encryption in order to subvert the distribution rights of the intellectual property owner."

    Have you read the articles about the authors? Obviously not.

    "Its not your business to determine how, where or what media they choose distribute."

    Absolutely correct. And it is not their business how I choose to view the media they distribute. Or where I can view it, for that matter. Truthfully, what they do here is not illegal, but it certainly is what I would consider an unethical business practice.

    "In reality, we all know that this is just another tool to allow online pirates to strip content from one medium and place in it into another medium that is easily distributed online."

    Either I am not included in 'we all' or I have a little more technical knowledge than you. This kind of a copying is impractical for the average, or even the above-average user. While you might be able to translate the data into another medium, like AVI [who on earth would do that?] it is not going to happen.

    "I have noticed a tremendous increase of pirated DVDs translated via VCD on this internet."

    Really? Show me. Sounds like a BAS to me. I get around, and I am sure I would have noticed a 'tremendous increase' in pirate traffic.

    Anyway, these are my thoughts. Next time sign your name, would you?

    Luck is skill supplemented by chance. ~Ketriva

    --

    I have a strong belief in the Second Amendment.

  128. Re:I Don't Understand THe Problem by Tosta+Dojen · · Score: 1
    Is this a sign that the distraction DeCSS campaign is working, or do we just have a sarcastic idiot posting up here?

    I never was good with sarcasm....

    Luck is skill supplemented by chance. ~Ketriva

    --

    I have a strong belief in the Second Amendment.

  129. Re:The Death of VHS by Hieronymous+Coward · · Score: 1
    I didn't see the Variety article. I'm surprised that they can't change resolution on-demand as you described in your post. Is this the case?

    I have two cameras. A Nikon F2 (old, fully manual, you can even take the eyepiece off and look down on the glass like a view camera), and a Canon Elph (APS). I end up using the Elph more just because it is so portable. I can put it in my pocket and forget about it until I want to take a picture. My biggest complaint with the APS camaras is inherent in all point and shoot - I hate automatic exposure. Also, the flash is useless after a few feet. I find the picture quality to be fine for 4x7 prints even with 400 ASA film. I'd never take an 'art' picture with it, but for taking on vacation, to the ball game, etc. it is hard to beat.

  130. Re:The Death of VHS by Hieronymous+Coward · · Score: 1
    By 2006, TV as we know it (and the attendant VCRs and DVDs) will be replaced by the new HDTV.

    The problem with this rosy future is that the HD in HDTV is optional. When the beancounters at DisAOLWarner choose between a beautiful high-definition broadcast and 20 low resolution broadcasts, what are they going to do? Yes, we will finally get our 500 channels, but it will be the same crappy resolution we have now. Oh FCC, what could have been...

  131. A modest proposal by Anonymous Coward · · Score: 2

    Insert a clause into future open source licenses:

    The user of this software agrees to allow the creation of open source software to access any data that is created using this software and either sold to the public or made available for free. The user will place no licensing restrictions on software that is created in compliance with this clause. The user agrees to indemnify and hold harmless such software in all claims of intellectual property infringment involving software to use the data or media. This clause does not apply to copying the data or media itself.

    If a clause like this had been in the GPL prior to Titanic being made .... You do the math. The idea is to point out to them that we are valuable to them as both suppliers and as customers. MPAA, are you listening? You are suing the same community that made the special effects in Titanic possible. Be careful. We bite. Imagine filing for an injunction to prohibit the sale, distribution, marketting, rental, and merchandizing of an extremely popular and profitable movie.

  132. Is it me or does CSS smell like anti-trust bait? by Anonymous Coward · · Score: 2

    It sounds like there is only one licensee of this technology, the MPAA. They use this licensing to artificially harm consumers with inflated prices and or deny access to legally licensed copyrighted works.

    IANAL, but I really hope some of the DOJ lawyers, fresh with the Micro$loth kill, would be interested in going after another monopolistic industry with lots of $$$. ('Cuz that's what it's
    all about in the end.) I believe the anti-trust laws apply to 'collusion' as well. And the MPAA certainly exhibits all the behaviors of a collusion whose sole purpose is to artificially manipulate the market price of a good or service to the financial (and accessibility) detriment of consumers.

    If not the anti-trust laws, then certainly RICO statutes might also apply. But, then again, IANAL, and they are certainly smarter than me. I do not venture to guess why this has not occurred to them. :}

  133. Re:Puzzle by phil+reed · · Score: 2
    If, by this definition, DeCSS is illegal, then the DVD players you get from department stores are just as illegal!

    The movie vendors have explicitly licensed the DVD players, or rather the player manufacturers, which is why the players are legal. DeCSS was not licensed.


    ...phil

    --

    ...phil
    "For a list of the ways which technology has failed to improve our quality of life, press 3."
  134. No it's not legitimate... by Danse · · Score: 2

    what about taking it, reducing the quality and size, putting it on a CDR and selling it for $4. That's a legitimate worry of the movie people.

    How is that any more of a danger than people recording DVD movies onto VHS tapes? You end up with a much inferior product. Same with recording CDs onto cassette tapes. These things can and will be done. These copies are legal to make, as long as you don't distribute them. It didn't hurt CDs. It won't hurt DVDs. The movie industry will continue to make money hand-over-fist regardless of whether you can copy DVDs onto some other media.

    The only danger they've pointed out so far that seems credible is the fact that people will be able to offer decoded DVD movies for download at some point in the future when we actually have enough bandwidth to download one in some reasonable amount of time. Perhaps that will be the case a few years from now. I currently can't even get a DSL line though, and most of the people in my city are in the same situation. I think this illustrates the fact that DeCSS was not developed for the purpose of ripping and distributing DVD movies, but for the legitimate purposes of making DVDs work with Linux and other "alternative" platforms that the movie industry wouldn't give the time of day to. In which case, it should be considered a legitimate tool and not made illegal. What it comes down to is that I should have the right to make the DVD I bought legitimately work with my hardware and software. I don't care who created the DVD in the first place, I paid what they asked and I now own a copy for my own personal use and enjoyment. As long as I'm not distributing copies (which is ALREADY a crime), or facilitating public viewings (which is also a crime), they shouldn't have any right to tell me what I can or cannot do with my DVD.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  135. Re:Copy protection? by Danse · · Score: 2

    Actually, it never says anything about modifying the info on the disc. It says that it modifies the information. It does this after it has been read from the disc, so the article is technically correct. I suppose I can understand someone misinterpreting what they said though. It certainly wouldn't help matters either.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  136. Ah! But... by jd · · Score: 2
    The assumption is that if you've paid for a decryption system, you're honest enough to not want to pirate the DVD's.

    By implication, if you haven't handed over vast quantities of green bits of paper to the movie industry, you are a closet Blackbeard, ready to filch those DVD's at the slightest opportunity, irrespective of the fact that there are no DVD writers available to Joe & Jane Public that could record a feature-length movie.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  137. Didn't you get the memo by copito · · Score: 2

    People under the age of 18 aren't real people and don't have real rights.

    This is so when you are over 18 you are exceedingly happy with the limited rights you have.
    --

    --
    "L'IT c'est moi!"
  138. Re:Is it me or does CSS smell like anti-trust bait by K-Man · · Score: 2

    The MPAA and the RIAA have been in and out of the courts for years. If you go to the DOJ website you can find pending lawsuits regarding price fixing by "copyright societies" in Europe, and Time Warner was slapped a while ago for offering kickbacks to dealers who keep CD prices high.

    Copyright isn't just a mechanism to ensure that authors get paid. It's also a way to ensure monopoly pricing by middlemen, for services like distribution which should be a commodity.

    --
    ---- "If we have to go on with these damned quantum jumps, then I'm sorry that I ever got involved" - Erwin Schrodinger
  139. Re:The most telling quote by PhilHibbs · · Score: 2
    Now, of course to get rid of a pirate market, there would have to be one. I haven't seen it.
    I think I have, there are VCDs of movies on sale at computer markets for $10. I presume they are pirated.
  140. Why so much hatred against DIVX? by Nicolas+MONNET · · Score: 2

    Someone would have found a way to override the fucking copy protection scheme, and you would have had to pay less to 'buy' a movie ... LOL ... well I'm not even kidding, that's what would have happened!

  141. Re:Copy protection? by hobbit · · Score: 2

    Its been proven illegal in a court of law

    Therefore you are taking the law into your own hands so I admire you but will never do the same.

    Not spoken anonymously, but nonetheless like a true coward. Never say never, for come the revolution your life will have changed.

    Hamish

    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
  142. Re:Copy protection? by SimonK · · Score: 2

    The player's who can buy? If you seriously believe the big pirates have any trouble getting ahold of writers that will copy the keys, you're seriously mistaken. The only people who'llhave any trouble getting hold of such things are private individuals, most of whose copying is either fair use anyway, or would probably not constitute a sale if copying were impossible.

    Copying using deCSS is impractical with current technology because their simply is no other random access digital medium big enough to hold a movie.

    CSS may been intended as a copy protection system, but in fact the only thing it can ever do effectively is protect the monopoly on the production of DVD players.

  143. What CSS is really about. by UncleRoger · · Score: 2
    There can be no dispute that DeCSS is not required to copy a DVD. You could purchase a DVD writer and make perfect copies, completely ignoring the CSS. Of course, you'll need a DVD player that can decrypt CSS to play your copy.

    But the MPAA isn't worried about that, because a professional DVD copying setup costs many thousands of dollars.

    They're worried that you will remove the copy protection and dump the movie onto your hard drive. You could then take a week or two and upload it to the internet for others to download.

    All sarcasm aside, (sarcasm is my life!), the thought is that soon, hard drives will be big enough to hold multiple movies (how many gigs on a roll of scotch tape?) and that DVD writers will be cheap enough (like CD-R drives) for people to make copies of movies for their friends.

    But just as 500GB hard drives will soon be $50, and DVD-writers will be $25, so will the professional DVD-copiers fall in price.

    The fact of the matter is that what CSS does is not prevent copying, but controls how I access the movies that I've purchased.

    I am currently ripping my CD's into MP3's and putting them on my network file server so I can listen to them from anywhere in the house, on any platform (Mac, Windows, Linux, etc -- We've got 'em all.) Now I don't have anywhere near enough disk space to put even the few DVD's I have on the network, but I would like the opportunity to view them on whichever machine I like.

    But the MPAA/DVDCCA wants me to only be able to view them with a player that can decrypt CSS -- that is, one from a company that has paid them a hefty fee.

    Now, if I wanted to, I could write a CD player program with whatever features I want. I could write an image viewer that lets me look at jpeg's upside down. But I can't write a program to let me look at my own DVD's. (Unless I pay the DVDCCA.)

    --
    Stupid people will be persecuted to the fullest extent allowed by law.
  144. Re:Puzzle by bmetzler · · Score: 2
    If, by this definition, DeCSS is illegal, then the DVD players you get from department stores are just as illegal!
    The movie vendors have explicitly licensed the DVD players, or rather the player manufacturers, which is why the players are legal. DeCSS was not licensed.

    Bingo! It's the exact same reason why AOL let other companies use their IM service but not MS. The other companies licensed the service from AOL. Microsoft didn't. So until they do, they'll have no right to use the service.

    It's the same with DVD. It's not Linux that's the problem. The problem is licensing. No one wants to license a player for Linux. And until someone does, it will be illegal to have a Linux-based DVD player.

    -Brent
  145. Re:VHS movies are CHEAPER. VHS players are CHEAPER by um...+Lucas · · Score: 2

    It is funny though, that DVD's cost less to manufacture in quantity than VHS tapes. I'd guess that the cost to manufacture players are probably about even, or maybe DVD players cost more because of all the chips in them, but still. It is nearly identical to the record industry in the move from cassettes to CD's: Sell something that costs less to produce for a higher price.

    At least in both cases the digital formats quality (especially across multiple listenings).

    Consumers didn't really have much say in the transition from records and cassettes to CD's. The record companies decided to stop allowing stores to return unsold records but let them return unsold CD's for new inventory. No stores wanted to left holding a bunch of records they could do nothing with, so they swapped over to CD's.

    And remember how CD's came with extra "bonus" tracks unavailable on the cassette or record versions? Kind of like how DVD's give us toys like multiple picture aspect ratio's, multiple language subtitles, etc...

  146. These aren't the hackers you're looking for. by ethereal · · Score: 2

    Move along.

    --

    Your right to not believe: Americans United for Separation of Church and

  147. Re:Puzzle by Sloppy · · Score: 2

    The movie vendors have explicitly licensed the DVD players, or rather the player manufacturers, which is why the players are legal.

    All you have to do is make your own movie, and protect it with the unpatented CSS algorith. Since you have not licensed those manufacturers to defeat the access control on your movie, all those players instantly become illegal.

    Please forward 1% of your settlement with those manufacturers to me. Thank you.


    ---
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  148. DVD-CCA is Legal License Holder for CSS? by Sloppy · · Score: 2

    From the article...

    The movie and software industry DVD Copy Control Association is the legal license holder of the Content Scrambling System, or CSS, which is supposed to make the disks copy-proof.

    Ignoring, for the moment, the obvious error where they say that CSS was supposed to make the disks copy-proof, I am curious about something. What's this about "legal license holder"? Is there actually a basis (it's definately not in DMCA) for DVD-CCA exclusively owning that algorithm? Is there a patent which no one has mentioned yet?

    Unless there's a secret patent (is that an oxymoron?), no one needs a license to do anything with CSS. (But interestingly, when DMCA goes into effect, DVD-CCA will lose its right to sell such licenses.)


    ---
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  149. Re:I Don't Understand THe Problem by MindStalker · · Score: 2

    Most likly both, he is obviously an idiot, no argument about that. And just maby all he has seen is the De Cascading Style Sheets program. Most likly though, he/she is just an idiot

  150. Re:Equal rights for consumers... by MindStalker · · Score: 2
    An obvious attempt at trolling generally doesn't deserve a reply, but I just wanted to go over the point that you made.

    destroy the economy of the South and turn the war into a Moral Crusade.

    Accually the war wasn't a moral crusade untill it was over, the war really had absolutly nothing to do with slavery, but the nice thing about a war is you can made the surendering side do just about anything you want.

    The real problem with Jim Crow Laws was that the North raped, robbed, and pilliaged the South, taking ALL THEY COULD in the Great Stealing

    I honestly have no idea what your talking about so I'm not going to comment

    The South has NEVER RECOVERED! Many down in the South lost all and their families NEVER recovered (black and white).

    Tension between the races have yet to recover, but maby its just me, but the south seems to be doing just fine, now that we are starting to get over our hangups about eachother.

    The Slavery/Jim Crow analogy breaks down when you realize you are talking about human rights versus DMCA/UCITA and large corporations.

    Well yea it is a stupid analogy, but whats your point

    Corporations have ALWAYS wanted more power. Now they are getting it (at our expense).

    See, we can agree oon somethings.

  151. A Few Corrections by A.Sleep · · Score: 2

    1.) DVD = Digital Versitile Disk, not Variable Disk

    2.) ct2600 does not offer info on 'hacked' webistes nor am I sure when he means about 'software tools and repairs'.

    3.) ct2600 does not offer the theme he mentions. Obviously he went to both my personal site and ct2600 and got them mixed up.

    This reporter did not talk to me at all. He did talk to my lawyer, but maybe he should have talked to someone else or at least he should have gotten the damn DVD ref. correct.

    Oh well...

    --
    DO NOT TAUNT THE OCTOPUS
  152. Re:The Death of VHS by Wah · · Score: 2

    I would be busting a gut to see that there was no way to home-copy with the new equipment that will accompany HDTV.

    What do you think they are doing? This is the major hold-up for implementing a spec for Digital TV. The major copyright holders (you know the acronyms) are pushing for hardware layer copy protections. The makers of the sets (and pretty much everyone else) doesn't want that, as it adds both an additional layer of expense and complexity that is unnecessary. Here's a good place to start, if you are curious. The government get's involved, esp the FCC, because we give broadcasters their entire spectrum (for free!!)


    --

    --
    +&x
  153. Re:Puzzle by hey! · · Score: 2

    One thing that confounds me is why they are trying to stop DeCSS on the grounds that it "is produced for the purpose of circumventing a technological measure that effectively controls access to a copyrighted work." If, by this definition, DeCSS is illegal, then the DVD players you get from department stores are just as illegal! DeCSS decrypts the information stored on the DVD. A DVD player decrypts the information stored on the DVD.

    Nope. A DVD player converts a DVD into an analog video signal; at no point to you get access to the unencrypted program material. What you get is good enough for pirating movies, though.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  154. In a word by / · · Score: 2

    Am I being wrongfully arrogant here?

    No.

    --
    "If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
  155. Re:Yes and no by iCEBaLM · · Score: 2

    The average home user who currently would have to pay more for the media to put the pirated film on then the film would cost to buy! Okay, so in 5 years time black DVD-R's will cost a quarter of their current cost, but for your average person who might pirate a film, paying $20 for the film on DVD or $10 for the media and then finding someone with both the film and the DVD-RAM/R/RW drive to give them a copy... not worth a lot of peoples time.

    Lets not forget, the tracks on which DVD players expect to find the CSS keys and region info is also pre-burned with 0's. I have no idea how you'd get a movie on there that would actually play in a DVD player...

    -- iCEBaLM

  156. Re:Fair Use and Access Control by H3lldr0p · · Score: 2

    Why should publishers be able to ignore the parts of the law that they don't like?

    This is the sort of question that cannot be answered because everybody is guilty of the same thing at any given point in their own lives. For instance, when was the last time you were speeding? Your question applies here; why should you get to do what you want at the expence of the other drivers? Granted that IP and speeding laws are two different kettles of fish, however the philosophical principle is the same.

    I'm not trying to defend the CSS in this case, I'm just trying to point out that the argument is basicly null. A better argument in my opinion is this: If company X can profit off of me, why can I not turn that around and profit off of company X? Applying that here would mean that if that company can get me to pay for what it is selling (the content of the DVD disk) why can't I enjoy that product (the content of the same DVD disk) as I choose? It's not like the DVD is a replacable good. I can't go out and choose a diferent format of digital media to view the same movie on. I have to buy a DVD if I want that "quality" that it is supposed to provide. I can buy a "lesser" product, the VHS version, but it is not the same thing (or so we are told).

    So it comes down to that one basic idea that nobody can truly define for everybody else. Fair. What that can mean to the consumer is different from what it means to the company that is doing the selling. So what is fair in this case? Can we use the argument that the DVD player and the content is like a car and that we can take it apart and alter it as we see if? Do we have to treat it differently because it is a different technology? Does the consumer have the ability to comprehend the complexity of the situation here, and what impact does that have ultimatly on the decisions of the parties involved? There is alot to consider here, and none of it is very simple at all.

    So far my guide thoughout all of this has been that the consumers will, in the end, make the decision about what is fair and what isn't. And being a consumer, I know that I have to tell other people about what I feel to be right and wrong. This is what I have done. I have told my friends and family. I have written my newspaper's editoral column. I have explained things to people that were curious and I have explained things to people who were not curious. And most importantly I have voted with my dollars. If you can come up with something that is more fair than that, you are a better person than I.

  157. Re:Fair Use and Access Control by pmc · · Score: 2
    I think we should have a court decision or law that states that copyrights will not be enforced by the courts when technical means, such as the DVD CSS, have been used to infringe the fair use rights of purchasers

    Far, far better to have a law that states that technical means for securing copyrights must not infringe your right of fair use. Keeping your rights is much better than stripping them of theirs. The alternative is giving government the power to remove rights on a whim. They are not called rights for nothing.

  158. Re:Copy protection? by Steve+B · · Score: 2
    What I don't understand is why they haven't been going after utilities such as Remote Selector that allow people with DVD-ROM drives to play movies from any region.

    Because they can't figure out a way to scam anybody into thinbelieving king that there's a bootlegging issue involved.
    /.

    --
    /. If the government wants us to respect the law, it should set a better example.
  159. Re:Yes and no by hattig · · Score: 2
    CSS doesn't prevent professional piracy, but it is (was) a barrier to copying and distribution by a casual home user.

    The average home user who currently would have to pay more for the media to put the pirated film on then the film would cost to buy! Okay, so in 5 years time black DVD-R's will cost a quarter of their current cost, but for your average person who might pirate a film, paying $20 for the film on DVD or $10 for the media and then finding someone with both the film and the DVD-RAM/R/RW drive to give them a copy... not worth a lot of peoples time.

    Now, when DVD-R's cost $2 each to buy, and DVD-R drives are $80... there will be a problem then, and that time will come. A time will come when people have 8Mbit links into their home, a DVD will take 4000-8000 seconds to download (1 - 3 hours roughly) and then it can be recorded. This is 10 years away at most, and it will happen and the MPAA and movie studios can do nothing about it - unless everyone in the country is sent to prison!

    Okay, so for the meantime people must fight for their rights, but whoever selected a 40-bit key anyway - in 5 years time an average home computer will be able to crack that before you can say "I like Kylie Minogue"... :-)

  160. Re:Copy protection? by DaveHowe · · Score: 2
    The article contains a common error - 'a computer program which removes DVD copy-protection'. As I understand it, DeCSS has nothing to do with copying. It removes the playback 'protection'.
    True, but they are not doing too badly for a law- rather than techie-orientated piece. More importantly, the MPAA are *not* claiming copy protection, but that they are circumventing ACCESS CONTROLS which is of course what it does. If this is a reasonable restriction is debatable, of course. The exact paragraph is:

    In its Hartford complaint, the movie industry invoked a section of the copyright law that provides that no person shall offer "any technology, product, service, device, component or part thereof [that is] produced for the purpose of circumventing a technological measure that effectively controls access to" a copyrighted work.

    --
    --
    -=DaveHowe=-
  161. Re:Puzzle by DaveHowe · · Score: 2
    The movie vendors have explicitly licensed the DVD players, or rather the player manufacturers
    Translation: been paid by / got their slice of the action from

    which is why the players are legal. DeCSS was not licensed.
    Translation: they aren't getting paid by them, so get mad
    --

    --
    -=DaveHowe=-
  162. Re:WIRED Story makes same claim for APEX player by Cy+Guy · · Score: 2
    This WIRED story says the APEX AD-600A DVD/cd/mp3 player (as well as at least 13 other DVD players) is also 'guilty' of the same thing. I don't understand the distinction between decrypting the disc and just playing it back, unless there is some sort of copy-protection watermark included in the playback, as with VHS tape that inserts annoying lines over the picture if you try to do a tape-to-tape copy.

    However, with the VHS copy-protection scheme there are plenty of legal 'clarifying' devices that strip off these lines. These can only be sold for home use (yeah right, wink wink). If these are legal, then how can DeCSS or the APEX player be illegal, as long as they are not used for commercial copying?

    The only theory I have is that the Digital Copyright Protection Act applies a new, tougher standard for digital works than apllies to analog works. If this is the case, then does a different standard apply for making a VHS-to-VHS copy of
    • Toy Story
    (a digital work) than a VHS-to-VHS copy of say
    • Gone with the Wind
    ?

    A final thought, I used to live in Philadelphia where bootleg videos (mostly of current release films) were sold openly on the street and even in some stores. As a result, this DeCSS mess unfortunately has me using the same line as the gun lobby: What we need is better enforcement of existing laws, not new laws.

  163. Mostly no by ToLu+the+Happy+Furby · · Score: 2

    CSS has to decode the video signal in the DVD-ROM, and then send that signal, unencrypted, to the framebuffer for display on the monitor. In other words, a hack sitting at the driver level could rip the DVD content and save it as an MPEG (or whatever), and there's absolutely nothing CSS can do about it. Indeed, such programs have been around since 1997. There are quite a large number of them, and they're much more advanced and easier to use than deCSS in its current form.

    Now, having said that, the copy they make, while fully digital, is technically slightly inferior to what could be made by the direct bit-for-bit copying that deCSS helps facilitate, but only because the signal has been degraded by the pass through your computer's electrically noisy innards. In other words, the copy is no worse than the best output you could get watching a DVD on your computer anyways!

    Furthermore, it's always been easy to copy a DVD--again fully digitally--from a normal home DVD player; you can just route the digital output into a video capture card. You may have to deal with that Macrovision thing, which is this funky strobe-light effect that's somehow sent into the DVD out signal in such a way that it doesn't show up when you're just watching a DVD on your TV (as long as you have a new TV...), but does when you plug your DVD output into your VCR and press record. Luckily, though, Macrovision is as easy to disable as region encoding: most DVD players have a "hidden" setup mode--accessible through a combination of buttons on the remote or on the player itself (directions widely available on internet)--which lets you turn Macrovision and region encoding off. Just like the "hack" to turn region encoding off on the PS2 a few days ago.

    Anyways, the point is, the only thing deCSS brings to the table as far as ripping DVD's goes is *publicity*. That is, most anyone could have ripped a DVD years ago with tools that have been readily available, and are indeed easier to use, but with all the publicity surrounding deCSS, it's a bit easier to find on the internet than those other tools. On the other hand, by the time you actually find the other programs required in addition to deCSS to successfully rip a DVD--i.e. a program which converts from VOB to MPEG--then you'll probably run across these other rippers as well. Yes, deCSS theoretically allows for rips which are closer to bit-perfect, but considering no one is going to be able to distribute the bit-perfect rip in a reasonably efficient manner (4.7 gig files over the internet?), it really makes no difference.

  164. Re:Puzzle by ToLu+the+Happy+Furby · · Score: 2
    1. One thing that confounds me is why they are trying to stop DeCSS on the grounds that it "is produced for the purpose of circumventing a technological measure that effectively controls access to a copyrighted work." If, by this definition, DeCSS is illegal, then the DVD players you get from department stores are just as illegal! DeCSS decrypts the information stored on the DVD. A DVD player decrypts the information stored on the DVD.

    Nope. A DVD player converts a DVD into an analog video signal; at no point to you get access to the unencrypted program material. What you get is good enough for pirating movies, though.

    Nope. A DVD player converts its signal into a video signal, but it certainly doesn't have to be analog. Witness DVD players with digital output, or any DVD-ROM. Indeed, such digital output can be recorded (digitally); there have been DVD rippers around for years which operate this way. So no, it's technically not a copy of the unencrypted program material; it's only as good as what actually shows up on the screen. =)
  165. The damages from them not releasing DVD audio. by Convergence · · Score: 2

    I liked their comment about how they've already suffered damages from DeCSS because they decided to postpone the release of DVD-audio because of the release of DeCSS. That's sorta like ford suing someone [for damages] who wrote a bad review of the Pinto a few months before the Pinto(2) was to be released because NOW they have to postpone the Pinto(2) to redesign it.

  166. This writer is so clueless by fanatic · · Score: 2

    CSS isn't about copy protection. CSS is about undermining ownership, about limiting it and converting it into something less.

    It's amazing to me that someone this clueless still gets to write - or *can* write.

    --
    "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
  167. DeCSS has nothing to do with the "average user" by Savage+Henry+Matisse · · Score: 2
    While it is true that CSS does not prevent a bit-for-bit copy of the DVD, which would be indistinguishable from the original (and thus playable in any player), the average home user does not have the ability to do this.

    Let's face it, the "average" computer user is running Win95 on a PC and cannot define any of the following terms: "compile," "DeCSS," "source code" or, for that matter, "MPAA." Even with the DeCSS source freely availible, printed on t-shirts, broadcast on Oz TV and tattooed on Emmanuel Goldstein's supple pink butt, the "average" computer user is exactly where he/she started.

    CSS was never about stopping the average joe from copying squat-- it was about making the average joe, jose and jinku buy DVDs where, when and for how much the Motion Picture Industry chooses.

    --
    Much Love,
    "S"HM
    *****
    (I refuse to spellcheck out of contempt for your belief system)
  168. The Death of VHS by tycage · · Score: 2

    The "real" purpose is to make sure that anyone who wants to play a DVD has to pay the DVDCCA for a license. It's all about the money.

    This statement gave me a nasty thought. Granted VHS will most likely die one day anyway of natural causes due to superior technology. But with the fact that currently you have to pay to get a licence to make a DVD player, what happens when the movie companies just stop making VHS. Not because people don't want them, but because they can get more money out of a DVD. They make money twice. Once for the license on the player, then once again on the DVD media itself. It gives me a funny feeling that we are being set up here.

    1. Re:The Death of VHS by homebru · · Score: 4

      Granted VHS will most likely die one day anyway of natural causes due to superior technology.

      By 2006, TV as we know it (and the attendant VCRs and DVDs) will be replaced by the new HDTV. This, in turn, will obsolete our present VCRs and DVDs and require that we buy all new video players and all new copies of our favorite movies.

      Think back: 78rpm, 33 1/3rpm, reel-to-reel, 8-track, casette, CDs.

      If I were in the movie business, I would be busting a gut to see that there was no way to home-copy with the new equipment that will accompany HDTV. And I would use the present generation of DVD to perfect lawsuit responses so as to remove the incentive to hack/crack open protection schemes.

      MPAA et al says they are concerned about the loss of sales of DVD-Audio because CSS is broken. Maybe. But you can bet that they're really pissed about the potential loss of a completely controlled, wholly new market in HDTV-DVD (DVD-II?) if they can't con the courts into stomping on DeCSS and friends.

  169. Devastating by xant · · Score: 2

    This is a pretty good article - it presents both sides, although it doesn't attempt to represent the damage to OUR community should DeCSS become illegal while it DOES talk about the potentially "devastating" effects on the MPAA. Oh, like the devastating effect on the RIAA of MP3. And the devastating effect on the MPAA when people figured out you could copy VHS tapes. And the devastating effect on Microsoft when pirates started distributing their OS. And the devastating effect on the tobacco industry when 15-year-olds steal smokes from vending machines and get addicted... and the devastating . . .

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
  170. Let's take this to an extreme... by meckardt · · Score: 2

    ... the movie industry invoked a section of the copyright law that provides that no person shall offer "any technology, product, service, device, component or part thereof [that is] produced for the purpose of circumventing a technological measure that effectively controls access to" a copyrighted work.

    So if the deCSS includes a quicksort routine, that quicksort, by virtue of being a part of a technology used for the purpose of circuventing the copyright, is now illegal.

    What will they claim next? That the law of gravity is illegal?


    Gonzo
  171. MPAA : Contradicting established practices by nlvp · · Score: 2
    I don't understand the MPAA - and I don't mean that I don't understand greed, I mean their argument doesn't work logically for me.

    Putting aside for a minute the finer points of law, freedom, the Constitution (which doesn't apply on this side of the Atlantic anyway) and all the rest of the very valid points made to date on this subject.....

    We have had VHS for many years, and the VHS market is very lucrative. A great deal of good films are made and a certain amount are surely pirated, but in essence, we have two points, one is protected by law, established practice and common sense, and the other is borne out as evidenced by the behaviour of the major film-making companies over time:

    1. We can copy our own purchases. No-one is allowed to stop us making copies of work that we have legitimately purchased provided we don't go round selling or exchanging or giving those copies away. (Please don't drown me in the legal rephrasing of what I just said - I know the law but I'm trying to remain in cleartext here).

    2. The various companies that make up the MPAA have been making interesting and lucrative profits from the sale of videotapes for many years. It is well known that many films that bomb disastarously at the movies end up breaking even or better by virtue of video rentals and sales. The presence of a certain number of illegitimate copies has not prevented the market from being lucrative, and even though it is child's play to make copies of videotapes, sales have remained buoyant and even grown year-on-year.

    The arrival of CSS on DVD is an attempt to reverse the current ability that people have to make copies, but to make it illegal to make copies presupposes the purpose of the individual making them, and that has been covered in a previous case where it was clearly established that people had a legal right to make copies for their own purposes.

    Now I know that almost everyone reading this already knew all of that, but for some reason, it never seems to come across clearly in the articles that I read on this subject. People allude to it, journalists almost certainly know it if they have been doing their research, and yet the point is never clearly made.

    That pisses me off, because it's a freedom that I want protected, even if I don't use it for films, because I have every intention of making digital quality audio compilations for my car and my walkman/discman/whatever.

  172. Re:Copy protection? by hypergeek · · Score: 2
    It seems like the only real use of CSS is to make sure people in Japan can't play the movie if they buy it in the [States], or some such nonsense.

    What governmental body could resist the temptation to help the DVD CCA with that goal. Whether by maintaining national borders or keeping certain movies in or out of certain regions, the conflict created by maintaining these obsolescent political boundaries is what gives the 20th century nations their power.

    They feel that they need to restrict the flow of information, just as they restrict the flow of people. Only by keeping people afraid of some unknown external "enemy" can today's governments hold onto power. They built their nations on force and bloodshed, on top of the corpses of their foes, and it's coming back to haunt them.

    (Preaching to the choir?: )

    The global Internet gives us an incredible opportunity to erase xenophobia and decentralize information. Corporations and national governments, especially the large, abusive kind, are terrified of this idea.

    They realize that the unrestricted flow of information could create the kind of world they've always feared: a world run by people, not artificial constructs like corporations and governments (that is, the kind of government that is called "the government", instead of being thought of as the true representative of the popular will).

    --

    --
    Stay up hacking each weekend. Sleep is for the week.
  173. Re:Fair Use and Access Control by rgmoore · · Score: 2
    Far, far better to have a law that states that technical means for securing copyrights must not infringe your right of fair use. Keeping your rights is much better than stripping them of theirs. The alternative is giving government the power to remove rights on a whim. They are not called rights for nothing.

    This sounds good, but it's going to be hard to implement. The problem is that fair use rights a) are very broad and b) can only be determined legally after the fact.

    Take criticism as a good example of a). It's generally accepted that it's acceptable to use short excerpts from a copyrighted work as part of criticism of that work. The video reviewer on your local TV station can include clips from the video he's reviewing under fair use. But how long is reasonable for critical purposes? If you let people copy short clips, how long will it be before someone creates a utility that cuts the movie into clips of the decided upon length, copies them, and pastes them back together to create a non-protected version of the movie?

    More problematic, IMO, is that fair use is subjective and decided by judges after the fact. The key example here is Parody. Parodies have been ruled by the Supreme Court to be a form of criticism, and hence fair use. Furthermore, that decision stated that the parody must be allowed to use enough material from the original to be an obvious parody. The question then is how much copying is allowed. Is it OK to make a "parody" of The Matrix which uses the complete original footage but a replacement humorous sound track? How about taking the original sound track and using it with new, homemade footage? How about cutting out the individual scenes and pasting them together in a new order? All of these things might be protected fair use, and it would be up to a judge to decide. How in hell can you create software that is smart enough to tell if what you want to do is fair use, lets you do it if it is, and is still capable of preventing comparatively easy illegal copying?

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  174. Is it Possible? by Tosta+Dojen · · Score: 2
    I just had another thought. Is it possible that Microsoft has a hand in this suit somewhere? Think about it. Right now, barring DeCSS, about the only way you can play a DVD on your computer is if you do it under Windows. Maybe they spent a large sum of money for a license with the DVD people. Maybe they have even started a project on THE player for DVDs under Windows, so they could dominate the new domain.

    Just a thought. Maybe I am too paranoid. Then again...

    Luck is skill supplemented by chance. ~Ketriva

    --

    I have a strong belief in the Second Amendment.

  175. Puzzle by Tosta+Dojen · · Score: 2
    One thing that confounds me is why they are trying to stop DeCSS on the grounds that it "is produced for the purpose of circumventing a technological measure that effectively controls access to a copyrighted work." If, by this definition, DeCSS is illegal, then the DVD players you get from department stores are just as illegal! DeCSS decrypts the information stored on the DVD. A DVD player decrypts the information stored on the DVD. They will have to come up with something better if they expect this to stick.

    Luck is skill supplemented by chance. ~Ketriva
    Luck is what others call skill when they have none themselves. ~Phelan Kell

    Luck is skill supplemented by chance. ~Ketriva

    --

    I have a strong belief in the Second Amendment.

  176. CPO hearings on DMCA reassessment by Detroit · · Score: 2

    Cryptome has an article on upcoming hearings to reassess the copyright circumvention clause of the DMCA. It has an email address for comments until Mar 31. This is a chance to chip away at the excessive controls on IP by the commercial sector. One could submit suggestions and ideas, especially from bigger groups and experts (relevant testimony to the advantages and drawbacks). Please be responsible and reasonable, though - this looks like a pretty formal process.


    ... . . .

    --
    ... .. . . . http://group227.com
  177. Yes and no by Booker · · Score: 3
    I've been guilty of hoisting the "CSS is not copy protection!" banner, but it's important to be completely honest about such matters...

    While it is true that CSS does not prevent a bit-for-bit copy of the DVD, which would be indistinguishable from the original (and thus playable in any player), the average home user does not have the ability to do this. Large scale piracy operations probably do.

    So, CSS doesn't prevent professional piracy, but it is (was) a barrier to copying and distribution by a casual home user. However, it also restricted the user in other ways, such as limited support for various operating systems, and region coding.

    ---

  178. Re:Copy protection? by Robotech_Master · · Score: 3

    What I don't understand is why they haven't been going after utilities such as Remote Selector that allow people with DVD-ROM drives to play movies from any region. After all, those would seem to do the same thing, right?

    --
    Editor Emeritus and Senior Writer, TeleRead.org
  179. Re:Sorry bud... by Black+Parrot · · Score: 3

    > It doesn't matter how lame my TPM is. If I encrypt something by XORing it with the the string "12345", it is illegal for you to produce a program which decrypts it.

    I hereby declare that I am using a code, ASCII, to hide the content of all my postings. Anyone who translates it into plaintext is in violation of US law, and can expect a nasty message from my lawyers.

    Yes, even people who live in Norway.

    --

    --
    Sheesh, evil *and* a jerk. -- Jade
  180. Sorry bud... by hey! · · Score: 3
    but when you weren't paying attention, Congress took your rights away.

    Yes, you are right that you can get your own DVD press and fabricate your own DVD disks, and press as many DVDs for your private use as you like.

    However, what the Digital Millenium Copyright Act does is make illegal the defeating of technological protection mesasures, or TPMs.

    It doesn't matter how lame my TPM is. If I encrypt something by XORing it with the the string "12345", it is illegal for you to produce a program which decrypts it.

    It doesn't matter whether it makes copying practical. You can't make movie DVDs with a DVD writer.

    It doesn't matter whether copying is practical without defeating the TPMs. For example, what the MPAA is really concerned with is the ability to broadcast pirate movies over the Internet, not making knockoff DVDs which is imposisble with consumer equipment. However, it is easy enough to redigitize the very clean analog signal to create a secondary master on disk without DeCSS. This doesn't matter.

    DMCA title 1 makes defeating TPMS illegal. Period.

    The only exceptions are:
    1. Encryption Research.
    2. Software interoperability.
    3. Possibly library archiving.


    As far as encryption research goes, its hard to argue defeating CSS advances the state of cryptography.

    Software interoperability for Linux is the strongest argument, but is undermined by the fact that DeCSS was written on Windows, which already has a DVD player, but that it doesn't allow you to actually physically play DVDs on Linux. It's just an intermediate step. However, it is not clear that even if it did make it possible, that the courts would rule that this is "interoperability" in the statute's sense of the word. In fact, I'm pretty sure it's not. If I reverse engineer the Word file format to allow my wp to read the customer's files, then that is interoperability. I'm not giving them access to the copyrighted material, but to their own files. DeCSS by contrast opens up the copyrighted materials, albeit almost soley for uses the average person would consider legitimate.

    The library exception was something congress couldn't figure out and left to the executive branch to sort out.

    The bottom line: MPAA is going to win this one, because of the DMCA. DMCA is bad law, in that in practice it makes illegal things that are reasonable to do, and does not provide any real practical protection against things that are unreasonable uses of copyrighted materials. It is against the public interest, but unless there are constitutional grounds for overturning it.
    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  181. Revoke their charters by markt4 · · Score: 3

    Something to keep in mind - Corporate charters are granted to companies by the citizens of the state (or the government operating - in theory - on their behalf). These charters give the owners of the company certain legal protections that are not afforded to other types of businesses. Incorporation is not a right (it's not mentioned in the Constitution at all). It is a privilege granted by the citizens of the state at their discretion. This privilege can be revoked.

    The citizenry can request that the attorney general of their state revoke the charter of a corporation for failure to operate in the public interest. I know it is highly unlikely that any charters would actually be revoked (after all the companies' money probably helped to get the attorney general elected), but it might get the companies' attention, or at least the attention of the press.

    For example, an effort is currently underway in California to revoke the charter of Unocal Corporation for repeated polution and violation of environmental laws. So all you /.ers living in Deleware (where all of the members of the MPAA are chartered) start writing/phoning/e-mailing your attorney general. Start a petition drive. Show these bastards that they only exist because we say they can, and if they want to abuse us that we are going to take our ball and go home.

  182. Re:Copy protection? by tycage · · Score: 3

    As I understand it, copy protection is a bad phrase to use here also. If I copy what's on the DVD to another DVD, what's to stop it from working in any DVD player that can decode the CSS stuff. It seems like the only real use of CSS is to make sure people in Japan can't play the movie if they buy it in the Sates, or some such nonsense.

  183. Re:Fair Use and Access Control by rgmoore · · Score: 3
    Otherwise, publishers will use access controls to rewrite the copyright laws, without an act of Congress.

    This is actually a very important point that has been made before. A particularly good example of this is copyright expiration (though the current trend suggests that you shouldn't count on any copyright exiring any time in your life). Suppose, for instance, that a movie studio releases a DVD version of a very old movie that is no longer under copyright. They should have no right to control your ability to copy it, since it's now in the public domain. But if they release it as a DVD they still get protection. Why? Because you can't legally remove the DVD copy protection; any tool that can remove it from a public domain work can also remove it from a copyrighted work, and hence is illegal. The result is that your rights have been curtailed without you being able to do anything about it.

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  184. Copying *isn't* illegal! by redskeye · · Score: 3

    Something I'd like to add: copying isn't illegal. There is nothing illegal about making a copy. Its the distribution which is illegal. Figure I can make as many copies of something I've bought as I like. Its when I start distributing those copies that I get into trouble.

  185. Direct feedback this Thursday by Malc · · Score: 4

    There's a Matrix event this Thursday: http://www.warnervideo.com/matrixevents/

    This will be with the some of the editors and the special effects people. They might not be the most relevant people, but they are in the industry and their opinions might matter in the future. Besides, I'm sure that there will be other execs from Warner there too.

    Bombard them with questions about CSS and deCSS. Keep it clean and intelligent. I tried at the last event with the Wachowskis, but obviously my questions were filtered. Enough people asking questions will get noticed, even if nothing gets through.

  186. Fair Use and Access Control by Detritus · · Score: 4

    I think we should have a court decision or law that states that copyrights will not be enforced by the courts when technical means, such as the DVD CSS, have been used to infringe the fair use rights of purchasers. Otherwise, publishers will use access controls to rewrite the copyright laws, without an act of Congress. Why should publishers be able to ignore the parts of the law that they don't like? The recent discussion of electronic books illustrated the disregard some publishers have for fair use.

    --
    Mea navis aericumbens anguillis abundat
  187. The most telling quote by Wah · · Score: 4

    is at the end of the article

    "When they charged $79 for a VHS movie, it created a clear incentive to make pirated copies,"
    he said. "When they charge a fair price, the market for pirated copies disappears."


    Now, of course to get rid of a pirate market, there would have to be one. I haven't seen it. And they know they aren't against "piraters" out for a profit, they are against "sharers" who are against draconian control of the media. The Internet makes control of digital media impossible. The longer is takes the major copyright holders in the U.S to realize that, is the longer that lawyers will be making money off them. And the longer they WON'T be making money off us.


    --

    --
    +&x
  188. What about the future? by ToLu+the+Happy+Furby · · Score: 4

    I was having some thoughts about the inevitable conclusions of this whole mess (and the related mp3/SDMI mess), and realized that the MPAA and the RIAA truly have their work cut out for them in the future. What no one has really mentioned yet is that technology is constantly improving in all ways, not just in ways that require things to be hooked up to other things with little wires. What I'm trying to get at is this: what happens when a (digital) camcorder comes out which is good enough to record without any picture degredation (visable to the human eye)?? How can the MPAA stop me from renting the new HDTV-DVD of The Matrix: Part 6, playing it on my new HDTV, recording it with my new kickass digital camera, editing the result on my PC to remove everything in the picture outside of my TV screen, remove ambient noise, *downsample* to HDTV resolution, compress it down to 15 gigs or so, and pop that sucker off to the rest of the world via Napster v2.0 BETA 38??

    Now, of course, there are a couple ways to attack the process I just outlined, but they're all pretty damn scary to think about:

    First, they could use some sort of Macrovision thing--Macrovision is this funky strobe-light type thingy stuck on all current DVDs that screws up the picture if you try to videotape your screen with a camcorder, because the ugliness pulses are synced up in such a way that you don't notice them when watching on TV, but they create interference with the frame rate of your camcorder. Sort of like how computer monitors have that awful refresh interference when you see them on your local news. Of course, they look just fine when they show up on your national news, because there's a way around that problem--you just have a video camera which operates at the same refresh rate as the computer monitor; in other words, your camera has an adjustible frame rate. So, the MPAA could "mandate" that this feature not find its way into future camcorders. Of course, that would mean that you wouldn't be able to make a video with your computer in it without getting funky lines. Plus it would mean that the camcorders of tomorrow would have a different frame rate than the TV's of tomorrow, which also seems like a pretty bad outcome and thus doubtful.

    Next, there's the bit about uploading the result to my TV and editing it. They could try to get in the way of digital video editing on the consumer level. (It would be impossible on the professional level, so they wouldn't even try; unfortunately for them, that means the equipment to do this sort of thing will necessarily be available, just perhaps more expensive.) Of course, now that Apple has invented desktop video editing a couple months back with the release of those new iMacs (note: sarcasm), this is probably too mainstream a technology for them to put back in the bottle without several people noticing.

    Then there's the bit about all the edits we made to improve the quality--removing ambient noise, especially. The best the MPAA could hope to do is to make these tools available only on a professional level; still, with the inevitable advance of computers, and with the probable advance of open-source software, it seems quite doubtful that the average person 10 or 15 years from now won't have considerably more video editing capability on their desktop than the average movie-editing studio does now.

    On a related note, there's the bit about downsampling to HDTV resolutions. The MPAA could try to limit (consumer-targeted) digital camcorders to HDTV resolution. However, doing so would mean a loss of quality for any video which was recorded and then digitally edited in any non-trivial way. Plus, it would mean an arbitrary limiting of available technology; cheap digital cameras already beat HDTV resolution (just 1024 x 768 IIRC), and it's certainly not too hard to just "do that" 60 (or whatever) times per second. (Yeah, storage concerns, but this is the future. Let the thing have a high speed wireless connection to the internet and use your home server for storage.) The bottom line is, if the MPAA tried to stop piracy here, lots of people would notice and would be very justifiably angry.

    Finally, there's the bit about posting it to something sorta like Napster. Now, I'm not going to buy any arguments that 15 gigs is too much; we all know that in 10 years or so 15 gigs of hard drvie space will be about equivalent to the 5 MB an mp3 takes up now; even if it's not quite there, you have to remember that a movie is 2 hours of entertainment whereas a song is just 5 minutes. You might have a slightly better argument when it comes to bandwidth, but there will be a whole whole lot of people, including the MPAA, working very hard to ensure that HDTV quality video can be streamed into consumers' homes over the internet.

    So the only avenue of easy attack is Napster. Of course, Napster is just a protocol; at this point I don't think anyone much cares about whether the RIAA wins their suit against Napster (except Shawn Fanning), because it's far far too late for that. Like it or not (and a lot of the old fogeys around here seem not to), Napster and Napster-like protocols are inevitably part of the internet now, just as much as ftp or irc. There may be some wrangling over the next couple years before we see which protocol will actually win out, but rest assured that one will. Now the question becomes, what can the entertainment cartel do about it? Obviously there's no way they can keep it off the computers of any geeks. Of course, geeks could trade pirated stuff years ago, because they knew how to use irc and ftp, and BBS's before that. What about the average consumer? Well, assuming that open-source software succeeds in making its way into the consumer's consciousness--which it appears that it will--then suing everyone in sight won't accomplish much. So it looks as though the only chance they have of success is some sort of large scale regulation of the internet. We all know it can't be done without completely changing the character of the internet, drastically for the worse. Whether it can't be done at all is still too hard to tell.

    So, while I seriously doubt anyone has actually read this far, I'd like to ask those of you who have: what do you think the MPAA is trying to accomplish here? Do they have any plan to block universal sharing of movies in the not-so-distant-at-all future? Have they even thought about it yet??

  189. Simplifying the Issue by Green+Monkey · · Score: 4
    Let's face it -- your average joe doesn't know anything about encryption or reverse engineering or the DMCA, and doesn't care to listen to a complicated explanation of why DeCSS is in the clear. But he does root for the little guy, and will probably side with DeCSS if he understands what's going on.

    Rather than simply sitting back and refuting the MPAA's claims ("We're not pirates!"), we need to take the initiative and grab people's attention. First impressions count a lot, and most people haven't heard about DeCSS yet. Explain the issue in simple terms first to catch their attention. Then the people who want to know more can read up on how the whole situation started.

    The piracy issue is a lost cause -- most people associate piracy with being wrong. But pick a different viewpoint (huge corporations are trying to control who can watch DVDs), and suddenly the MPAA appears to be picking on a bunch of innocent people. Forget the technical explanations; present the case in ways the technologically-uninformed can understand.

    As long as the MPAA is defining the terms of the debate, DeCSS is always going to end up looking like the bad guy.

    --

    Green Monkey

  190. Re:Copy protection? by Anonymous Coward · · Score: 5
    DVD players are crippled to stop you playing discs in countries where the movie studios don't want you to.

    They claim this is to prevent people in other regions from watching a DVD from a region where the film already played its run while the film is still coming to or hasn't yet hit local theaters. I might agree with this if the region lockouts expired after a resonable amount of time but, WHY ARE FUCKING 50+ YEAR OLD MOVIES COMING OUT WITH REGION LOCKOUTS ENABLED? Kinda lays waste to the distribution-scheme argument, eh?

    Or maybe it's to prevent competition with licensed local distributors/translators. Well, when these local distributors "port" a DVD to their region, they often cut out the extras, change the audio format (5.1 -> 2ch stereo), muck with the screen formatting, add in hard subtitles, edit for content, ..., in short, IT'S NOT THE SAME PRODUCT ANYMORE, so how can it 'compete' with the local version.

    Third, lots of films NEVER SEE A LOCAL RELEASE in other regions. How long is reasonable for me to wait "in case" the title is picked up locally? 5 years? 10 years? 50 years? forever? I import a lot of anime from Japan to the US that will never see the light of day here.

    Region coding violates fair use, IMO, and I am doing everything in my power to circumvent it. And not through lobby efforts or other bullshit that'll take decades to never to happen. Region coding is wrong now. So I have DeCSS, as well as several hacked PC and stand alone players.

    I pay for all my DVD imports. They're legitimate copies. The original IP holders got their fair cut of the sale. Isn't that what all this region coding stuff is supposed to protect? I am following the spirit of the law. So what's the problem? Fuck you MPAA. Am I being wrongfully arrogant here?

  191. Re: Access Control or Use Control? by PhilHibbs · · Score: 5

    The American Libraries Association's comments point out an even better rebuttal of the MPMA's case. Access control refers to prevention of acquisition of a copyrighted work, not use of that work once it has been acquired. Access and use are separate and distinct terms in copyright law. As CSS is not an access control mechanism, but a use control mechanism, bypassing it isn't illegal. Anyway, under the "first sale" principle, the copyright holder has no right to control the use of a work once it has been sold to a customer, and the DMCA has a get-out clause that says that no existing rights should be considered to be revoked by the DMCA.

  192. Copy protection? by Ed+Avis · · Score: 5

    The article contains a common error - 'a computer program which removes DVD copy-protection'. As I understand it, DeCSS has nothing to do with copying. It removes the playback 'protection'.

    DVD players are crippled to stop you playing discs in countries where the movie studios don't want you to. However, in most countries copyright law does not allow them to impose such restrictions (IANAL), so use of DeCSS is not illegal. In fact, it is just letting you exercise rights granted by law.

    --
    -- Ed Avis ed@membled.com
  193. Equal rights for consumers... by CodeShark · · Score: 5
    In my view, the deCSS and DCMA battles are more like the civil rights battles of the late '50s and the '60s than we might realize. Here's my comparison:
    • Slavery was outlawed and supposedly equal rights based on race were guaranteed by constitutional amendments during and shortly after the Civil War. However, for the next 100 years, the local, state, and federal governments and courts allowed the so-called "Jim Crow" laws to deny legal equality.
    • The movie and recording industry via the DCMA )and the software companies via the UCITA) are seeking to create and enforce rights that are ultimately anti-consumer, telling me what I may view /listen to / analyze /reproduce data and how I may view / listen / analyze / reproduce data -- not based on technological patent, but on copyright.
    • This is a fundamental change, because if I buy a book which is copyrighted, I am free to read it whenever, however, and for whatever purpose I can think of. Within "fair use" limits I can quote from it, skip pages, cross out sections, etc.
    But if that wasn't bad enough, the industries are attacking the Net citizenry as if we are citizens with lesser rights -- by the broad based attacks on the freedom to disseminate information via the web.

    But if the critical mass of people do not move the political forces to protect our rights, we may spend the next 100 years fighting for personal vs. corporate rights.

    --
    ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...