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DeCSS Arguments in CA Supreme Court Case

scubacuda writes "According to News.com, California Attorney General Bill Lockyer called DVD-cracking software DeCSS a tool for "breaking, entering and stealing" during a hearing before the California Supreme Court on Thursday. "The program DeCSS is a burglary tool," Lockyer told the judges, adding that the movie studios lose millions of dollars because of piracy over the Internet. (CopyLeft offers this "burglary tool" on a t-shirt)" If you've forgotten what this case is about, see EFF's page about it.

531 comments

  1. Right... by g0at · · Score: 5, Funny

    DeCSS is a burglary tool just like how I'm actually growing dildos in my vegetable garden.

    1. Re:Right... by DShard · · Score: 1

      Just when I thought I owned the hunk of foil and plastic siting inside my player, I'm wrong and it's use makes me a thief. At least their legal mouthpiece keeps the consitent theme of criminalizing their customers.

    2. Re:Right... by rgoer · · Score: 2, Interesting

      So that's where I dropped my dildo seeds... In any case, is there really such a thing as a "burglary tool?" Is there any kind of precedent for an object being considered, by the courts, to be a "burglary tool?" Is the sale of things like a slim jim for a car restricted? Do you have to show either your locksmiths' license or your burgalry permit to purchase one? Are they even categorized differently than normal "hardware?" Where does the MPAA come up with this crap?

    3. Re:Right... by Shenkerian · · Score: 5, Informative

      I believe many, if not all, states restrict the sales of lockpicks and key-cutting machines. So there is precedent. I don't think it's being appropriately applied here, though.

      --
      You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    4. Re:Right... by ichimunki · · Score: 4, Informative

      Where does the MPAA come up with this crap?

      Well, the best part is that copyright infringement is not burglary. It's copyright infringement. That's why there are separate laws to cover each kind of offense. :)

      --
      I do not have a signature
    5. Re:Right... by bigbadbuccidaddy · · Score: 2, Funny

      I represent Monsanto and you are illegaly using our genetically engineered dildo seeds without a proper license. Please cease and decist this illegal behavior.

    6. Re:Right... by Grayputer · · Score: 1

      >In any case, is there really such a thing as a "burglary tool?"

      Actually, sort of. I seem to remember that owning a set of lockpicks or an auto 'slim-jim' is NOT illegal (US: most states, YMMV) in and of itself. However, in a given set of circumstances it CAN be a crime. For example, possession of a lockpick while sitting in your house will not get you arrested or charged. However, possession of a lockpick while being arrested for Breaking&Entering will likely get you charged with possession of 'burglary tools'.

    7. Re:Right... by mark_lybarger · · Score: 1

      and do they limit the sale of water bongs to tobacco smokers? there might be a "precedent" set, but that doesn't make it right at all. it's NOT the job of our government to decide what business a person engages into. only can the government interfer when that business hinders the individual rights of a person outlined in the constitution.

      this freaking government today is downright disgusting to say the least.

    8. Re:Right... by kin_korn_karn · · Score: 1

      Same way with some drug paraphenelia You can have a bong or a glass pipe, as long as there are no drugs around, too. With both, the paraphenelia charge gets tacked on.

    9. Re:Right... by Lumin+Inverse · · Score: 1

      MA doesn't restrict the sale of key duplication tools.

      I bought $20 worth back when /. reported on the ATT master key research paper, in the winter.

      PS. It worked!

    10. Re:Right... by Bold+Marauder · · Score: 1

      You can buy drug paraphenelia...unless you call it such.

      For instance, go in and ask for a water pipe, and they'll sell you one. Go into a shop and ask for a bong, and you're out on your ass.

      At least, this was true in 97; haven't really given half a shit since I sobered up so my information may be dated. ;)

    11. Re:Right... by Anonymous Coward · · Score: 0

      Same way with some drug paraphenelia You can have a bong or a glass pipe, as long as there are no drugs around, too. With both, the paraphenelia charge gets tacked on.

      Not true anymore. They are cracking down on the sellers of paraphernalia sans drugs. Several months ago Ashcroft's DoJ launched "Operation Pipe Dreams" and busted a number of head shops and Internet sites selling glass bongs. (Some very pretty ones, too.) The DoJ is charging the proprietors with conspiracy to sell drug paraphernalia. Even Tommy Chong (of Cheech and Chong) is going to be spending at least six months in jail for selling glass pipes and bongs through an outfit called "Chong Glass".

      I had purchased several items from one of those places last year. A week after the big bust happened in February, I got spam from that site- "Hey, we're having a big sale!" and I had never gotten spam from them before. Which strongly implies that Ashcroft's Justice Department is encouraging people to send spam under duress so they can add people's names to some sort of list.

      The War on Drugs does not provide a good analogy for DeCSS at all. In fact the latest developments in the drug war provide the MPAA with a strong argument. If DeCSS is a tool analogous to a water pipe, which may be used for illegal purposes, you can still be arrested for distributing it. Thanks, Bush Administration!

      (Posting anonymously for obvious reasons)

    12. Re:Right... by good-n-nappy · · Score: 1

      That's impossible. Terminator technology ensures that no such unlicensed seeds exist. Or are you suggesting the existence of a DeTerminator?

      --
      Never underestimate the power of fiber.
    13. Re:Right... by Anonymous Coward · · Score: 0

      PA doesn't. (I was bidding on a key-cutter at an auction a few years back.)

      My understanding is that most states don't.

      Particularly given that you can build lockpicks trivially...

    14. Re:Right... by Jerrry · · Score: 1
      In any case, is there really such a thing as a "burglary tool?"

      I have a friend who lives in New York City. One night he was working on his computer and decided to go out and get a snack at a Dunkin Donuts. He had two screw drivers he was using on the computer in the back pocket of his jeans. He was stopped by, and arrested by the police for possession of "burglary tools". He was held for almost 16 hours before he was released.

      So yes, as far as the NYPD is concerned, there really is a such thing as a burglary tool.

    15. Re:Right... by SillySlashdotName · · Score: 1

      Had a story in yesterdays local paper about a burglar who broke into a closed steakshop and was arrested. According to the story, BECAUSE HE HAD A POCKETKNIFE IN HIS TROUSERS, he was sentenced to life in prison.

      In the article there was no mention of "three strikes", "carreer criminal", etc, just that he was put away for life because he had a pocket knife on him when he committed a crime.

      Pocketknives are not illegal, just don;t get caught breaking the law while you have one in your possession!

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    16. Re:Right... by drinkypoo · · Score: 1

      Slim jims aren't protected but lock picking guns are. It just depends on the scale. Besides, modern cars are protected against slim jims. Hell, my '60 dodge had a big steel plate in the way so you couldn't use them on it, either...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    17. Re:Right... by blibbleblobble · · Score: 1

      "I believe many, if not all, states restrict the sales of lockpicks and key-cutting machines. So there is precedent."

      The point here is, if you tried to use DeCSS to break into a house, you wouldn't get very far. So for someone to say that it's a burglary tool is a blatant lie. And lying in court is illegal. If a california lawyer actually said this in, I expect to see a charge of contempt of court.

      DeCSS is part of a video-player. It is in no way comparable to burglary equipment.

    18. Re:Right... by Anonymous Coward · · Score: 0

      "However, in a given set of circumstances it CAN be a crime."

      Those circumstances being, whenever the authorities decide it is. I've had two baseball bats confiscated, no receipt, not much in the way of explanation, and no recourse. I had my Scout knife, complete with troop insignia and my name engraved, confiscated as well.

    19. Re:Right... by Anonymous Coward · · Score: 0

      "he was put away for life because he had a pocket knife on him when he committed a crime."

      Um, all I can say is, "good."
      He broke into a steak house? The evidence of that was strong enough to convict him? There *should* be harsh penalties. Yeah, including life in goddam prison if that's what it takes.
      The "aggravating" factor (The pocket knife) isn't really needed to justify that. We have a violent crime committed, and the perpretrator was arrested, tried, found guilty and now will hopefully leave prison in a box.

      The problem I have is when NON-VIOLENT crimes are equated to VIOLENT ones. Whenever we talk about copyright, people (like you) are always trying to redirect the topic towards violent crime such as burglary and murder.

      Copyright, IP, etc., those are all CIVIL matters, and no one should ever risk prison over them.

    20. Re:Right... by Floydian123 · · Score: 0

      But can you do a research experiment using different methods of lock picking? Or even better, how easy it is to pick locks? The latter would be a invaluable study if a crappy lock came out, IMO.

      --
      paul
    21. Re:Right... by Unregistered · · Score: 1

      This would like restruicting rocks and metal pipes. They can break windows. BURGLARY TOOL.

    22. Re:Right... by Anonymous Coward · · Score: 0
      I believe many, if not all, states restrict the sales of lockpicks and key-cutting machines. So there is precedent. I don't think it's being appropriately applied here, though.

      Every state makes exceptions to the law so that lockpicks are available when they're needed. The DVD-CCA does not want any exception. Beyond that, the case is about trade secrets. It has nothing to do with the state's authority to regulate burglary tools.

    23. Re:Right... by BitterOak · · Score: 1
      And I've had no trouble buying lockpicks in Florida. I recall reading somewhere (don't take this as legal advice! I've been wrong before!) that only the District of Columbia outlaws possession of lockpick sets, and the 50 states don't. I don't know about sales, but I do know people who have bought lockpicks in other states.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    24. Re:Right... by Anonymous Coward · · Score: 0

      ...but they don't restrict the sales of lathes, dremels, hand files, etc. and key blanks.

  2. Hrmm by acehole · · Score: 5, Insightful

    Well... shall we ban any tools that can be used for breaking and entering then?

    * screw drivers
    * crowbars
    * keys
    * bits of metal
    * credit cards

    please, cuff me and send me to the bighouse, i've got a tool shed!

    --
    Be you Admins? nay, we are but lusers!
    1. Re:Hrmm by MrNemesis · · Score: 4, Insightful

      The problem is that all those tools have many legitimate uses.

      Despoite being wrong IMO (and most of yours too I imagine), DeCSS is still seen by the masses as being solely for the purposes of theft.

      --
      Moderation Total: -1 Troll, +3 Goat
    2. Re:Hrmm by tomhudson · · Score: 5, Insightful

      What it's seen as by the masses is irrelevant. DeCSS or something similar is required if you want to view a DVD that you bought and all you have is a Linux box. This is a legitimate use, just as hammers and shovels and pry bars also have legit uses.

    3. Re:Hrmm by Anonymous Coward · · Score: 0

      Please elaborate on how you can "break and enter" with a key.

      The point the MPAA is trying to make is that buying a DVD doesn't give the user free reign to bypass copyright protections

    4. Re:Hrmm by mttlg · · Score: 2
      Don't forget:
      • Soap (for making impressions of keys)
      • Household cleaners (could be used as chemical weapons)
      • Toothbrushes (for making shivs)
      • Mops (lethal when in the hands of Jackie Chan)
      • Surgical gowns (the bad guys always use these as disguises to evade the police)
      Clearly, we need to outlaw all health and cleanliness items for the good of the people. After all, I saw these things used for all kinds of evil purposes in movies, and never for anything positive...
    5. Re:Hrmm by ichimunki · · Score: 5, Insightful

      Actually I don't think the masses would even know what you were talking about if you started talking about DeCSS. Hell, half of the masses don't even have the internet at home. A great number of them don't have a computer either. And while DVDs are taking off, I doubt very many folks are going to be able to discuss this past "well, if you want to watch DVDs, why don't you just buy a DVD player, they're like $100 at Target?" Besides, the masses aren't going to be the ones making this decision in the courts. And in this case, we're lucky, judges, by their very nature have far more education and access to the funds to buy computer stuff than the average American, and are therefore, more likely to be able to understand what DeCSS is all about.

      Unfortunately, I'm guessing most of these same judges have themselves or had one of their children download Kazaa, and therefore they've seen that the primary use of P2P seems to be copyright infringement... and then to top that off, they're going to link things like DeCSS as a necessary first-step in that infringement chain. The real question is: can the pro-DeCSS lawyers overcome this impression?

      --
      I do not have a signature
    6. Re:Hrmm by Anonymous Coward · · Score: 0

      Didn't Jeffrey Dahmer end up with a mop awkwardly rammed in an eye socket? Proof positive that even under monitored conditions, cleaning implements can be a force of evil!

    7. Re:Hrmm by Planesdragon · · Score: 2, Insightful

      This is a legitimate use, just as hammers and shovels and pry bars also have legit uses.

      Not necessarily.

      CSS is an encryption system, designed to ensure that DVDs are played only in players sold in the intended market.

      The MPAA and the DVD consortium make no secret about CSS's existance and their region-encoding scheme, and anyone competent and aware enough to run Linux has no excuse to not know this.

      If CSS is a legitimate tool, and region-encoding / player certification are legal business tools, then DeCSS is not a legitimate use. Even if it's found to be legal and legitimate somewhere, it may still be illegal somewhere else.

      And, AFAIK, public perception is relevant to legal decision. If a noticable majority percieved DeCSS as a free speech issue, few courts would treat it as something else.

    8. Re:Hrmm by mahdi13 · · Score: 3, Funny

      The lawers are just pissed off because what their clients worked hard on for 3 years was reverse engineered by a teenager over spring break =)

      --
      "Some things have to be believed to be seen." - Ralph Hodgson
    9. Re:Hrmm by jgerman · · Score: 4, Insightful

      Sorry, just because the MPAA and DVD Consiortium think they can tell me on what device I can watch my legitimate purchase doesn't mean that they actually can. I paid for the DVD, nothing else. The copy protection argument is nonsense. I paid for the right to view this media and dammit I will in whatever form I choose. If I cross the line and copy it for distribution, then you can complain, but until that time they can bite me.

      --
      I'm the big fish in the big pond bitch.
    10. Re:Hrmm by dh003i · · Score: 4, Insightful

      Fuck that bullshit. I have the right to watch any DVD I pay for anywhere on any system on of my choosing, using any DVD-viewing tools.

      It's really simple. I buy a DVD. I own that DVD. I thus have the right to watch that DVD, however fucking damn well I please. Let's not let MPAA double-speak confuse the only relevant issue, which is my right to watch a DVD I've purchased on the platform of my choice, using the tools of my choice.

    11. Re:Hrmm by ambisinistral · · Score: 1

      speaking of Dahmer... he pot pots and pans to nefarious, albeit strangely tastey, uses. Might want to out law them too.

      --

      deserve's got nothing to do with it...

    12. Re:Hrmm by Anonymous Coward · · Score: 0

      Careful, this is California we are talking about. There is no state which has a more convoluted sense of law.

      Just a note, at least one of the tools mentioned is "banned" from being carried around at night for the reason you posted.

    13. Re:Hrmm by molarmass192 · · Score: 4, Insightful

      IANAL but I imagine stealing a key and then using that key to gain unauthorized access with still be B&E.

      Right, however, in order to VIEW an encrypted DVD you MUST bypass the copyright protections. This is true by definition for any player/platform. DeCSS has a legitimate use for this particular purpose. The fact that it CAN be used to decrypt DVDs for the purpose of copying them is another matter altogether. I'm sure 99.9% of the time DeCSS is used it's used for VIEWING and not COPYING.

      <rant>
      Now that that's said, I think it's pathetic that the MPAA relies on encryption for DVDs. History has shown over and over that ALL encryption that is decryptable is breakable by definition. They should stop this nonsense and start prosecuting when they find copyright theft. Anyhow, most DVD copyright theft is probably a straight rip, encryption included. So in effect, the encryption is utterly useless anyhow.
      </rant>

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    14. Re:Hrmm by realdpk · · Score: 1

      You're arguing the MPAA side - they don't sell you a copy of a movie, they sell you a disc which may have something on it, which may resemble a movie, and which can be used only in approved devices. The Linux side is arguing that they are buying a copy of the movie so that they can watch it on their computer.

      I'm on the Linux side, myself.

      It'd sure be awful to build a great tool and then have it declared illegal because other people found some "bad" use for it. That may not have been the case here, but it sure opens that doorway.

    15. Re:Hrmm by Bold+Marauder · · Score: 1

      Haven't tried this myself, but I've been told that many older (50's,60's) volkswagons were keyed similarly. So much so that if you had a key for one, chances were good you could use it in another.

      Assuming that this is true (i've no real reason not to), you could potentially steal a vw that is a similar model to the one that you have [or just have a key for].

    16. Re:Hrmm by Theatetus · · Score: 4, Insightful
      DeCSS is a tool, just like a hammer, or an alligator.

      More to the point (AFAIC), it's an expression of an algorithm. It's simply a description of a mathematical process.

      Come to think of it, the *source* to DeCSS is not really a tool at all. You can't use the source to watch DVDs. I could maybe see justification for classifying DeCSS binaries like lockpicks and slimjims, but the source is more like the description of how to make a lockpick.

      --
      All's true that is mistrusted
    17. Re:Hrmm by tomhudson · · Score: 5, Insightful
      Lets look at your points one at a time:
      The MPAA and the DVD consortium make no secret about CSS's existance and their region-encoding scheme,
      It doesn't say it anywhere on any of the packaging. Not only that, but most consumers aren't aware of it.
      ...and anyone competent and aware enough to run Linux has no excuse to not know this.
      So if I set up a computer for my nephew, you're saying I should lock him into Windows? So we have, according to your arguments, an anti-trust product tie-in. Here we go again ... :-(
      If CSS is a legitimate tool, and region-encoding / player certification are legal business tools, then DeCSS is not a legitimate use
      The legitimacy of one has nothing to do with the legitimacy of the other. The vendor cannot prescribe how I use the product once I've purchased it. I own it, and if I want to use it as a frisbee, that's my choice.
      public perception is relevant to legal decision.
      The law is not a poll. The courts have taken, and will continue to take, decisions that are unpopular with the public at the time, based upon what the law states, not on public opinion. Judges that rule based on solely on public opinion are simply not competent.
      If a noticable majority percieved DeCSS as a free speech issue, few courts would treat it as something else.
      So, if a poll comes out stating that a noticable majority thought that it was ok to discriminate/kill/beat up on (insert group here), the courts would go along with it? Come on... Not to be mean, but you're actually making my point :-)
    18. Re:Hrmm by Avakado · · Score: 1

      DeCSS is still seen by the masses as being solely for the purposes of theft

      Luckily this is not how the judges in Norway viewed it when Jon Johansen was acquitted in January.

      --
      The world will end in 5 minutes. Please log out.
    19. Re:Hrmm by tomhudson · · Score: 4, Insightful
      Good point. Just like a knife in the kitchen is just a cutting tool, but when I stick it into someone's chest, it becomes a deadly weapon. Even binaries are useless unless they're actually running on the host system, ore one capable of emulating it.

      Maybe they should hook up w. SCO. Look at the commonality:

      1. They both don't want you accessing the source code.
      2. They both want you to pay licensing fees for womething you don't need.
      3. They both have used/are using the same lawyer (Boies).
      4. They both can't come up with a business model to suit changing conditions.
      5. The both are using the courts to try to fatten their bottom lines.
      6. The both love FUD
      7. They both need a serious beating with a clue-stick.
    20. Re:Hrmm by danheskett · · Score: 1

      . I paid for the right to view this media and dammit I will in whatever form I choose.
      Except you don't have that right, and thats the way the law is written.

      You have the right to what you agree to do. The argument made by the MPAA/RIAA (and not me, btw) is that when you purchase this content you are agreeing to abide by the zoning and content restrictions mechanisims they put in place.

      Now, before you get all riled up, think about this. Two people can enter an agreement. I can write a book, and say that I will only sell it to people who will read it only while standing up, facing due north. We can codify that, put it into a contract, and if we both sign it under the right circumstances its binding. You and I have both agreed to exchange money for an object and a right.

      This is essentially what the the DVD people will claim is going on. The difference being the level of implicitity to the contract.

      The end result will be that:

      1. They will win straightup, and it will be over. There is an implicit contract limiting fair-use rights.
      OR

      2. They will lose, and it will not be over. There is no implicit contract, and reverse engineering is legal in this case. The inevitable conclusion though is that they are NOT willing to give up CSS; therefore (a) they lobby congress for a new change to except them and undue the court ruling or (b) they eliminate "implicit" contracts and require instead a EULA to purchase a DVD.

      Either way, in the end, the only way to win this game is to not play in the first place. I'd suggest that you go out and watch Wargames, but then that'd be a contradiction of irrecoverable conditions.

    21. Re:Hrmm by CyberGarp · · Score: 4, Insightful
      IANAL but, for a contract in the United States to binding it requires two things:
      • A signature by both parties
      • An expiration date or term
      When I goto the store and buy a DVD with cash, I didn't sign a damn thing. No contract, NADA. Othewise, I could write contracts on the bottom of rocks that say, "If you picked this up you owe me your first born son."
      --

      I used to wonder what was so holy about a silent night, now I have a child.
    22. Re:Hrmm by Exatron · · Score: 1

      I never agreed to abide by terms set by the MPAA when I purchased a DVD. I am well within my legal rights to use DeCSS to watch a DVD on my Linux PC, regardless of how much the MPAA whines about it. No contract, implicit or otherwise, is established when someone buys a DVD.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    23. Re:Hrmm by Anonymous Coward · · Score: 0

      I have the right to watch any DVD I pay for anywhere on any system on of my choosing, using any DVD-viewing tools.

      Actually, no you don't. Thats kind of the whole point. Try to pay more attention.

    24. Re:Hrmm by Anonymous Coward · · Score: 0

      While I agree with you, ya can't watch it in a cassette deck. =/

    25. Re:Hrmm by Art+Tatum · · Score: 4, Insightful
      If CSS is a legitimate tool, and region-encoding / player certification are legal business tools, then DeCSS is not a legitimate use. Even if it's found to be legal and legitimate somewhere, it may still be illegal somewhere else.

      The only reason DeCSS could be illegal is the circumvention portion of the DMCA. The only thing protected here is copy prevention schemes. Congress specifically got rid of the access prevention protection.

      You can still use access prevention schemes, of course; but it's not a violation of law to bypass one. And CSS only prevents access.

    26. Re:Hrmm by Anonymous Coward · · Score: 0

      my right to watch a DVD I've purchased on the platform of my choice, using the tools of my choice.

      Such a right does not exist. When you buy a DVD you agree to the license terms associated with the DVD. If you do not agree to the license terms, your only recourse is to not buy the DVD. You have no right to change the agreement after the fact.

    27. Re:Hrmm by corbettw · · Score: 4, Informative

      Actually, all a contract needs is an agreement by two parties. For a good overview of contract law, see the Cornell Law Library's overview.

      Briefly, a contract is a legally enforcable promise between two people. The terms of the contract can be pretty much anything, all it takes is both parties' agreement to the terms. If a DVD publisher sells you a DVD with the promise you can play it for your own personal use, with the provisions that you not gain financially by it and that you only play it on previously approved devices, that's fine. Your agreement to those terms is sealed when you promise to pay $20 for that DVD, and then do so.

      --
      God invented whiskey so the Irish would not rule the world.
    28. Re:Hrmm by Ozric · · Score: 1

      * rocks
      * hands
      * brains ... after all this is where the plan and conception of such devices came from.

    29. Re:Hrmm by bigpat · · Score: 3, Insightful

      "Right, however, in order to VIEW an encrypted DVD you MUST bypass the copyright protections"

      words are legally very meaningful here, really what you meant to say is that you must 'bypass the COPY protections'

      Copyright is a legal right to copy and should have nothing to do with ones ability to copy.

      Most of us here are arguing that one way or another we should be allowed the ability to copy content, while understanding that we don't have right to copy, until the copyright expires, except maybe for personal use once we have purchased a copy.

      This should be a simple case of reason, copyright law gives us a right to copy content after a certain period of time... this right cannot be realized unless we have the ability to copy that content. So, in a very real and basic way copy controls deprive people of their right to copy. The laws that prevent people from circumventing these copy controls are inherently corrupt.

      Corrupt doesn't mean that people were paid off to push these laws through, which may or may not have happened, but they are corrupt laws because they contradict the very basis of our understanding of Copyright. Creators have a time limited right to legally control and profit from the distribution by copy of their work. After this period of time it is part of the public domain and we have a legal right to copy it and distribute it if we please.

      A consistent and equitable law would ban copy controls all together, not seek to outlaw their circumvention.

    30. Re:Hrmm by jedidiah · · Score: 1

      No commonly accepted theory of contract law supports your absurd claims. There can be no agreement without prior notification of the terms of the contract. There simply is no informed consent.

      There is no contract, only the default provisions of copyright law.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    31. Re:Hrmm by Kintanon · · Score: 4, Insightful

      Now, before you get all riled up, think about this. Two people can enter an agreement. I can write a book, and say that I will only sell it to people who will read it only while standing up, facing due north. We can codify that, put it into a contract, and if we both sign it under the right circumstances its binding. You and I have both agreed to exchange money for an object and a right.

      The important point in your statement is the word CONTRACT. You see, I never signed any contract, nor entered into any agreement with anyone when I purchased my DVD. I gave 20$ to the guy behind the register, he put the DVD in a bag, and I left with it. I didn't sign any agreement saying I wouldn't watch the DVD on linux, or smash it with a hammer, or anything.
      So unless I'm actually performing an already illegal act (Like sharpening the edge of the CD/DVD and stabbing people with it, or making copies and selling them) then there's nothing that can stop me from doing what I want with the DVD.
      There is not a legal prohibition against watching DVDs on linux. There is not a law that says I am performing an illegal act. So, since there was no contract, I've violated no contract law, and since it's not illegal to watch a DVD on Linux (I promise you, it's not. I've checked with quite a few lawyers and judges), I'm not doing anything illegal.
      No copyright infringement is taking place as I'm not copying the work nor am I purchasing an illegal copy of the work. No breach of contract as I never entered into any contract, no legal issue at all.
      The only POSSIBLE legal issue is the DMCA issue. And I'm pretty sure it doesn't actually apply to home viewing of a video in this fashion though that hasn't been established by the courts yet.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    32. Re:Hrmm by jedidiah · · Score: 1

      DeCSS isn't a burglary tool. It's a key copying tool.

      You can either use a key lathe to copy a key to someone else's house, or your own.

      However, the government doesn't ban key lathes just because it is possible (or even likely) that such a device will be used as a burglary tool.

      CSS is your landlord telling you that you can't make a backup of your apartment key.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    33. Re:Hrmm by Anonymous Coward · · Score: 0
      Please do 2 seconds of googling before you start spouting off like that.

      http://www.law.cornell.edu/topics/contracts.html
      Statutory law may require some contracts be put in writing and executed with particular formalities. Otherwise, the parties may enter into a binding agreement without signing a formal written document.

      http://www.itslegal.com/infonet/consumer/contracts .html
      While it is always a good idea to put the terms of a contract in writing, not all contracts must be in writing.

      http://profs.lp.findlaw.com/contracts/contract_2.h tml
      A deal done on a handshake - "You do X for me, and I'll pay you Y" - is a contract, because it is a legally enforceable agreement involving an exchange of promises.
    34. Re:Hrmm by Anonymous Coward · · Score: 0

      Wow, you must have absolutely no life. I hate CSS as much as the next guy and rip DVDs I've purchased for my own convenience (box with big disks attached to the TV), but this refutation contains some of the most ridiculously pedantic assdrippings I've ever read. You don't actually answer the points, you just sidestep everything. Not to mention you appear to not understand many of the nasty clauses of the DMCA that are designed just for things like CSS. As to that whole Windows comment...what the fuck was all that about?

      If we're lucky, you'll have a near-death experience soon and snap out of it. If we're very lucky, said experience will be the result of someone kicking your ass for being annoying.

    35. Re:Hrmm by Anonymous Coward · · Score: 0
      Mr. Lockyer:

      I was very disappointed to learn of your comments regarding the software algorithm DeCSS. I find it unfortunate that many people do not understand the nature of the algorithm, or have been persuaded that it has no substantial noninfringing use. That is not the case and I disapprove entirely of your comments.

      On 29 May you stated that "The program DeCSS is a burglary tool." I am confident that as the California Attorney General you have a full understanding of the difference between burglary and copyright infringement; nevertheless I would like to present an opposing viewpoint in the hopes that you will make amends for your comments.

      The DeCSS algorithm was developed to allow interoperability between computer DVD drives and video display software for the Linux and Unix operating systems. Decoding discs that are encrypted with the Content Scrambling Service (CSS) is a natural consequence of playback on any DVD playback system. Every component DVD player and every software DVD playback package decrypts CSS content when the disc is played.

      Circumvention of access control measures, as well as the distribution of circumvention technology, is permitted by DMCA when those measures are employed to achieve interoperability with other systems. To play legally purchased DVDs on the Linux and Unix operating systems is clearly such a case of perissible circumvention of access controls. This is the primary, noninfringing use of the DeCSS algorithm.

      To watch a legally purchased DVD on a computer running the Linux or Unix operating systems requires the decryption of the content. A federal court has ruled that such use is a violation of the Digital Millennium Copyright act; the court's decision is in error and I hope that you will work to correct it.

      Although I am currently in nnnn studying at nnnn University, I remain registered to vote in the state of California.

      Sincerely, nnnnn nnnn

    36. Re:Hrmm by scotto · · Score: 1
      Anyhow, most DVD copyright theft is probably a straight rip, encryption included. So in effect, the encryption is utterly useless anyhow.

      The encryption is not useless. It is true that it is not intended to prevent copies. Its purpose is to ensure that the movie studios have complete control over how you view and otherwise use their products.

      And this is exactly the point the good guys should be making. Only DVD player manufacturers that have agreed to follow the rules can license CSS. That means if the movie studio wants you to watch anti-piracy messages, Coke ads, or previews for upcoming releases, and you are watching on a DVD player created by a legitimate licencee of CSS, you have no choice but to play through those messages. Among its other uses, DeCSS would permit the creation of a player that doesn't have to follow the CSS license rules, and allow you to skip "mandatory" content for example.
    37. Re:Hrmm by Anonymous Coward · · Score: 0

      Obviously YANAL (You are not a lawyer). If you took some time out of downloading illegal pr0n you might notice that EVERY DVD has clear wording on the package about the terms of use associated with the DVD. Nice Try, MORON!

    38. Re:Hrmm by Surt · · Score: 1

      In most states it's illegal to own an alligator.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    39. Re:Hrmm by Ravensfire · · Score: 1

      Nope and nope.

      Verbal contracts are perfectly legal and binding. Proving their existence can be much harder.

      Contracts require several things, basically the parties have to mutually agree to the contract (offer, acceptance, etc), and consideration going both ways.

      An expiration date/term is not required for a contract. Let's use your example of purchasing a DVD. When does that contract expire? When do you have to give the DVD back to the store?

      To continue your example, you DO have a contract with the store. They offered a DVD for sale for some consideration ($$$). You agreed to that purchase, and to the terms the store applies to that purchase. Sometimes these are on the receipt, sometimes posted. You agreed to them when you purchased the item.

      Your next example is somewhat interesting. The idea of a contract written on the bottom of a rock is funny, but is valid. There aren't requirements for many contracts on what they should be written on.

      Please, learn a bit about contracts. It's boring, tedious, and absolutely vital in today's world.

      IANAL, etc and this is very, VERY generalized.

      -- Ravensfire

      --
      "But we decide which is right, and which is an illusion"
    40. Re:Hrmm by tomhudson · · Score: 2, Funny
      It's Friday, so it's my turn to feed the trolls :-)

      <troll-feeding mode on>

      1. Not to mention you appear to not understand many of the nasty clauses of the DMCA that are designed just for things like CSS
        The limits of the DMCA are being tested by cases like this ...
      2. this refutation contains some of the most ridiculously pedantic assdrippings I've ever read.
        This is a court case, so we're talking about lawyers. Gotta be pedantic, the whole "when in Rome..." thing :-)
      3. As to that whole Windows comment...what the fuck was all that about?
        Sorry you couldn't figure it out, I'm sure most other readers will be able to, tho...
      4. If we're lucky, you'll have a near-death experience soon ... If we're very lucky, said experience will be the result of someone kicking your ass for being annoying.
        You're welcome to try next time you're in Montreal . Weapon of choice - Canadian Beer. Bet even my dogs can out-drink you.
      <troll-feeding mode off>
    41. Re:Hrmm by danheskett · · Score: 1

      I never agreed to abide by terms set by the MPAA when I purchased a DVD
      Yeah, basically thats a legal question. In fact, you may be agreeing to the terms they flash on the screen before the movie starts. Contracts are established when you buy things, and they are regulated by a fairly large body of law.

      If it is ruled that there is no contract, then be sure there will be a EULA in the DVD case. If those are hard to enforce to, they will make you pay with a credit card and sign both the receipt and a contract at the same time.

      No matter how you look at this issue, its NOT your content. You are asking for permission to use it, and they are granting it. Contract law and copyright law are setup such that you can contract away some of your rights under standard copyright/fair use. This means that in the end, if a valid contract is present (whether they decide that implicit is good enough, or whether the MPAA resorts to explicit contracts at some point in the future) you will be legally bound to its provisions. And that means no reverse engineering, access control by them, and limited use rights to you.

    42. Re:Hrmm by danheskett · · Score: 1

      So unless I'm actually performing an already illegal act (Like sharpening the edge of the CD/DVD and stabbing people with it, or making copies and selling them) then there's nothing that can stop me from doing what I want with the DVD.
      Thats not necessarily true! Contracts are a legal question, which the courts are deciding. There are *terms* displayed when you watch a DVD. And they are more restrictive than copyright law itself.

      You can claim till you are blue in the face that no contract is present, but that doesn't make it so. Contracts come in a whole wide variety of formats, so don't be surprised if this case comes back to an issue of contract law, copyright law, or a combination of both.

      Finally, lets say it does come back and say their is no implicit contract and that they can't control access how they want. Next time you buy a DVD you can be damn sure there will be a EULA included with it.

      The only possible legal problem isn't just the DMCA issue. That's a pretty typical opinion though for a non-lawyer. I am also a non-laywer. The thing to remember is that law is much more intricate than our understanding of the law or the facts of this case.

    43. Re:Hrmm by maxpublic · · Score: 1

      Except you don't have that right, and thats the way the law is written.

      This argument has nothing to do with rights and everything to do with what's legal. 'Rights' are defined by the Constitution, not by corporations; laws are defined by the will of the people, enacted through their representatives.

      I rather doubt that anyone of sound mind will claim that all the laws passed by Congress during the last ten years are truly indicative of the will of the people. Seems to me the evidence is pretty clear that at least a few of those laws were passed to appease corporate interests, in contravention to the will of the people.

      As for your claims concerning contract law, I for one never signed any such agreement. And in any event, contracts can incorporate idiotic terms and later be ignored (e.g., "you will give me your first-born daughter"). Any contract which tells me that I can't use the product I purchased in its intended fashion (to watch a movie) unless I do so in one very particular way (through a MPAA-approved device) is a pretty fair definition of 'idiotic', as well as a violation of reasonable expectations and fair use.

      Not to mention smelling very much like a price-fixing monopoly.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    44. Re:Hrmm by Anonymous Coward · · Score: 0

      1. Yeah, but it's still a law on the books, and your comments indicated you think no such law is on the books.

      2. This is Slashdot, which is about as far from a courtroom as you can get.

      3. No, I figured it out just fine...and realized it was thoroughly pointless and little more than an attempt to muddy the waters. Really, what the fuck does Microsoft, Windows, or the color of Bill Gates' underwear have to do with what you were responding to? Not a damn thing.

      4. I prefer marijuana. But hey, Canada exports some pretty tasty strains.

    45. Re:Hrmm by Fascist+Christ · · Score: 2, Interesting

      The courts have taken, and will continue to take, decisions that are unpopular with the public at the time, based upon what the law states, not on public opinion.

      Thank you so much for saying that! I'm glad there are people who understand how essential this is. Do you realise that there are states who elect their Supreme Court Justices? That is such a big mistake. If they have their jobs for life, they can make unpopular rulings. Since they can't be fired, they can even rule against government officials!

      --
      TodayTM BillyJoelTM GoogleTMd for StitchTMes due to WindowsTM while RollerbladeTMing with an AppleTM and a PopsicleTM
    46. Re:Hrmm by Alsee · · Score: 1

      The only thing protected here is copy prevention schemes. Congress specifically got rid of the access prevention protection.

      What are you talking about? The DMCA says:
      "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

      The DMCA does make it illegal to circumvent CSS.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    47. Re:Hrmm by Anonymous Coward · · Score: 0

      I just looked at half a dozen DVDs from my roommate's collection and was unable to find a single one with "terms of use" on the outside. There are only copyright notices (which simply restate existing law). One says the disc is "designed for" use on North American DVD players. That's nice, my toaster is "designed for" heating sliced bread, but that doesn't make it illegal to put English muffins in it.

      In short, you haven't a clue what you're talking about.

    48. Re:Hrmm by tomhudson · · Score: 1
      Again, troll-feeding friday :-)
      1. AC wrote:
        Yeah, but it's still a law on the books, and your comments indicated you think no such law is on the books.
        My reply:

        The law is on the books, but, like many laws, is only as enforceable as the courts will take it viz. the Constitution, etc. The DMCA cannot overrule the Constitution w/o an amendment to the Constitution. Ain't gonna happen any time soon. And that's why there are appeal courts.

      2. AC wrote:
        This is Slashdot, which is about as far from a courtroom as you can get
        My reply:

        The article is about DeCSS and the courts. How much more on-topic can it be? Or are you extending your ad-hominem attack to all slashd0t readers?

      3. AC wrote:
        No, I figured it out just fine...and realized it was thoroughly pointless and little more than an attempt to muddy the waters. Really, what the fuck does Microsoft, Windows, or the color of Bill Gates' underwear have to do with what you were responding to? Not a damn thing.
        My reply:

        There are dvd software players for Windows. Nobody's going after Gates and Co. You can watch your DVD on a Windows box and the MPAA won't haul you into court. But use DeCSS to watch your DVD on a linux box ...

      4. AC wrote:
        I prefer marijuana. But hey, Canada exports some pretty tasty strains.
        My reply:

        Beer is better for your health:-)

      - this post brought to you by Troll-Feeding Fridays, a GreenPeace Save-The-Trolls initiative
    49. Re:Hrmm by Anonymous+Custard · · Score: 1

      In most states it's illegal to own an alligator.

      And in a few, it's illegal to show a DVD to one.

    50. Re:Hrmm by mbogosian · · Score: 4, Insightful

      You're arguing the MPAA side - they don't sell you a copy of a movie, they sell you a disc which may have something on it, which may resemble a movie, and which can be used only in approved devices. The Linux side is arguing that they are buying a copy of the movie so that they can watch it on their computer.

      If that's true, then they're effectively licensing the content to you which means that you should be able to make a copy of the content for backup purposes (for which DeCSS may be used as a legitimate tool), and/or the publisher should make available to you that content at cost for the media only should your media ever become damaged or unplayable. As we know they want to legislate against these too. I'm sorry folks, but you're either selling a license or a copy of the content. You can't have it both ways.

      - = - = - = -

      To the Office of the Attorney General for the State of California:

      I am writing in severe distress over what I consider to be an outrage in the State of California Office of the Attorney General.

      Recently, Attorney General Bill Lockyer called certain DVD viewing software "a burglary tool", (see http://news.com.com/2100-1025_3-1011326.html). This is coming from the Attorney General of a State at the forefront of the Antitrust Trial against Microsoft.

      As a consumer, I choose my purchases carefully and exercise my rights to the fullest extent of the law. I refuse to run any Microsoft product on my home computers. Instead, I run Linux. I enjoy viewing DVDs that I have purchased legally on my computer. Software such as DeCSS allows me to do that. By referring to it as "a burglary tool" Bill Lockyer is effectively calling me a burglar for watching my own DVDs, to which I take great offense. I am hereby revoking any support I have of Mr. Lockyer and will be sure to educate anyone I know about his efforts to restrict the rights of consumers.

      The MPAA is behaving very much like the software industry did (erroneously) in the 80's and early 90's. They have effectively attempted to enforce a "license" on the consumer restricting where, when and how material stored on media such as DVDs can be viewed. However, if my DVD wears but or becomes scratched and unviewable, then neither the publisher nor the MPAA will replace that media. I have to go out and purchase a new copy (effectively an additional license) at full price.

      They can't have it both ways. They must either eliminate the use of the effective license, or they must allow copying for purposes of backup and/or replacement of destroyed media at zero profit to the consumer. Any failure to do so constitutes theft against the consumers of California and this Nation. By supporting them, Mr. Lockyer may be counted among them as an accessory.

    51. Re:Hrmm by Anonymous Coward · · Score: 0

      I don't think it's even necessary to extend an ad hominem attack to all Slashdot readers. They put themselves down enough on their own...largely why I don't bother to log in to comment anymore. Frankly, I'm ashamed to be seen with most of them.

      As to beer being healthier than marijuana, eh...it's a toss-up. I'll fuck up my lungs, you'll fuck up your liver. Oh, wait...I drink too. Fuck me.

    52. Re:Hrmm by squistle · · Score: 1

      CSS is an encryption system, designed to ensure that DVDs are played only in players sold in the intended market.

      You might be right if not for the fact that DVD players on home computers are an intended market. DVD drives for computers are legitimate, intended devices for accessing content on DVDs.

      The fact that there is no officially sanctioned software available for performing that legitimate use on Linux should not automatically render any non-sanctioned software illegitimate.

      --
      There are 10 kinds of people in the world: those who understand binary and those who don't.
    53. Re:Hrmm by jridley · · Score: 1

      Among its other uses, DeCSS would permit the creation of a player that doesn't have to follow the CSS license rules, and allow you to skip "mandatory" content for example.

      I have used DeCSS to make copies of some Disney DVDs that I own. It allows me to have a copy that skips all their damn commercials. It's about the only way that I can bear watching a Disney release anymore. Even when I bought the movie, they can't just let me watch the damn thing, they've got to take the opportunity to wedge more fsckin' commercials down my throat.

      Screw that. I bought the DVDs, made 'movie-only' copies for the kids, and shelved the originals.

    54. Re:Hrmm by drinkypoo · · Score: 1
      Your agreement to those terms is sealed when you promise to pay $20 for that DVD, and then do so.

      First, shrinkwrap licenses have not yet been tested in court. Second, DVDs don't even have THAT much of a license. They have a sticker across the top to help prevent theft and/or counterfeiting.

      I picked a semi-random DVD out of my collection; Ronin. The small print talks about who owns what trademarks, the interactive software crap on it belongs to InterActive, the package design ic (C) 1999 MGM, all right reserved. It points out how federal law "provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion picture videotapes, laser discs, and DVDs. Criminal copyright infringement is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or a $25,0000.00 fine. Licensed for private home exhibition only. Any public performance, copying or other use is strictly prohibited."

      Okay so that's all the legalese on the outside of the package, I cannot reasonably be bound by anything else. Licensed for private home exhibition only. Any public performance, copying or other use is strictly prohibited. That's the critical part. Now, fair use says I can copy it for my own use, or for educational use, or I can copy portions of it for the purpose of critique, so obviously there are situations in which I am allowed to copy it. It definitely doesn't say anything about only playing it on previously approved devices. The only thing that prevents me from playing a DVD on non-approved devices is in fact the DMCA.

      Furthermore, the legalese does not say that opening the package constitutes agreement with any license. I have not agreed with the license by opening the package, I simply noted it. The only thing I am in fact bound by is law, which was the whole point that you apparently missed.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    55. Re:Hrmm by ivan256 · · Score: 1

      If a DVD publisher sells you a DVD with the promise you can play it for your own personal use, with the provisions that you not gain financially by it and that you only play it on previously approved devices, that's fine.

      That would be fine except that it doesn't say anywhere on the package or in the store that the disc is only for use in approved devices. They do say it's only for use in particular regions, but that's hardly the same thing. You can't agree to terms that are not presented, no matter how many dollars are paid in the transaction.

      This is completely ignoring the fact that paying money for a product in no way implies contractual obligations. Not all transactions are contracts, and terms typically are not implied, they must be stated.

      One last thing. This isn't a lawsuit about contract violation, it's about trade secret law. Even if your contract arguments were the whole story, on trade secret grounds this case should be laughed out of court.

    56. Re:Hrmm by JebusIsLord · · Score: 1

      How about this then...
      It is illegal to use it for this purpose, but it is also morally acceptable. Do not confuse legality with morality. God knows the courts haven't.

      --
      Jeremy
    57. Re:Hrmm by cgenman · · Score: 1

      You bring up an interesting point.

      Nobody is "bypassing" a copy protection scheme. Nobody is breaking in order to enter.

      What we have here is a third-party decryptor. It's a viewer that walks right through the front door with a perfectly legitimate key. There is no breaking, there is no crowbar. The "copy protection" offered by the current arrangement is not the actual process of encryption / decryption, but that duplication is not a feature of devices that can decrypt. DeCSS also does not duplicate a DVD except in a court-accepted medium necessary for playback, and DeCSS does not itself contain any code that would duplicate the output.

      What DeCSS offers is a videostream comparable though sharper than what one would recieve streaming out of the back of their DVD players, a point of compromise that is accepted in the current generation of hardware. It doesn't "bypass" the encryption the way a sidestreet "bypasses" the highway, it decrypts in the same way that all other players decrypt.

      The legality of the key and the derivative keys might be in question, but the key poses no actual artistic or expressive merit and therefore is not covered under copyright law. It might be covered under trade secrets law if it had been leaked, but it was left unprotected and lying around. If a reporter publishes information found in a file that was left at a resturant, they have not broken any trade secret laws because the information was not at all protected. Patent law? Nothing new here.

      The Key is legal under pre-DMCA law, in short, and using a legal key to unlock a legal door is, to stretch an analogy, legal. Now, is the Key a method of bypassing copy protection schemes? Once again, no, as it is the accepted way to view DVD's in standard players.

      In essence, the only thing that could throw the book at DeCSS, is if the DMCA granted exclusive and transferrable right directly or indirectly to the original creator of the medium to create players compatible with that medium. This would of course create a fourth-type of IP law. Copyrights, Patents, and Trademarks would be joined by Medium rights, or the rights to oversee and control an entire Medium. Somehow I doubt any court would rule that was the intention of congress when enacting this law.

      Sadly, I don't get to decide which arguments the judge will believe. Likely, we will see the proliferation of these controls until such a time as it becomes so bad as to warrant congressional intervention.

    58. Re:Hrmm by Kintanon · · Score: 1

      I will admit that contract issues could enter into it. But those are CIVIL concerns. You can not go to jail for breach of contract as far as I am aware.

      If they wish to provide EULAs that's fine too, but the fact is that the strength of EULAs hasn't been upheld in court either.

      The real question we should ask is, "Can I agree to a contract that I do not know the terms of?"
      Because BEFORE purchasing a DVD I've yet to see any notice of terms beyond the region restriction which mentions only geographical locations, not operating systems. So the only contract terms I've been able to find on a DVD have nothing to do with whether I can watch it on Linux or not. Though they do seem to restrict my ability to fly to Japan with my copy of X-men.
      The vague implication by the MPAA that something we are doing is wrong isn't enough to make it illegal, and at this point they can't even make a real case for a contract breach because the contract has undefined terms.

      Also, in order to VIEW the *terms* which you mention that you say are ON the DVD one must, according to the MPAA, break the law if you are attempting to watch the DVD on Linux using deCSS.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    59. Re:Hrmm by someone247356 · · Score: 1

      You said;
      "No matter how you look at this issue, its NOT your content. You are asking for permission to use it, and they are granting it."

      Last I heard when I purchase a copy of a DVD, or CD-ROM Audio, or good ol' dead tree edition book, I've done just that, purchased a copy. I haven't licensed anything.

      Every hear of something called the "First Sale Doctrine"? When I buy a copy of something that is copyrighted I can legally do anything I want with it except make more copies. Watching/Listening/Reading it, lending to friends, neighbors, or complete strangers, reselling it, using it to line my bird cage, or grinding DVD's into a fine powder and drinking it with my Ovaltine are all LEGAL. I didn't license it I bought it. Record/Movie/Software companies want you to think that you are just licensing it not buying it, but except for software (and even then not completely - have you read about Network Associates "you can't benchmark without our permission" clause being invalidated in New York?) neither judges nor the public are buying it.

      Do you think I'm wrong? Well in the city I live in we have this big building, where complete strangers can walk out of the building with books, cd-roms, VHS tapes, and DVD's with nothing more than the promise to return it in a few days. Perhaps you may have heard of them, they're called libraries. How about used book/music/video stores? Didn't the RIAA/MPAA try to get them declared illegal? I don't think they were terribly successful.

      Have you been following another DVD related case in California (321 Studios v. Metro Goldwyn Mayer) The judge there wanted to know if the studios were trying to do an end run around copyright restrictions? While that is a DMCA case and not a trade-secrets case, I think it's enlightening that she views purchasing DVD's as just that, a purchase of a copyrighted work, not a license. If you were just "... asking permission to use it..." then Metro Goldwyn Mayer could simply point to the clause in their contract that forbids making a backup copy. The DMCA argument wouldn't have been needed. But, if it's a purchase, as opposed to a license, as I've been saying all along, then they need some other way to get around traditional fair use exemptions to copyright. The insidious part of the DMCA is that it doesn't actually protect copying copyrighted works, it protects access to that work.

      It would be like if I sold you a book that had a locking cover, but I didn't sell you the keys to open it. If you want to actually read the book you have to insert it into a specially designed book opener/reader. Oh, and while they're at it, they have a law passed that makes it illegal for you to use a paper clip to pick the lock, or a butter knife to snap the flimsy band off of the book.

      Now they are suing a fella for telling other people that he heard someone say if you drop one of these books on its spine from a 1.25 meter height onto 2 cm blue acrylic pile carpeting, the lock will spring open without damaging the book and you'll be able to read it without purchasing one of the publishers special book opener/readers.

      You don't, or shouldn't, need to ask their permission to view the content you PURCHASED from them. You bought it for the purpose of watching it. They produced copies of a copyrighted work to which they hold the copyright to a retailer. You bought it from the retailer with the intention of watching it. You now own that copy. To suggest that you need to ask them for permission to take it out of the wrapper/box/case before you can view it is ludicrous. Up until a few years ago, I would have thought that patently obvious, unfortunately I was wrong.

      --
      Just my $0.02 (Canadian, before taxes)
    60. Re:Hrmm by Anonymous Coward · · Score: 0

      Hypothetically, if I choose to, and have the technological know-how, then dammit, YES I CAN!! Just can't copy and redistribute it.

      Now I just gotta invent the hardware ;)

    61. Re:Hrmm by sebmol · · Score: 1

      US common law provides for contracts lacking signatures. When you go to Best Buy and buy a CD, you just entered into a sales agreement, whether you signed anything or not. The terms of that agreement govern refunds and exchanges, for example, as well as what other rights and obligations Best Buy or you have.

      When you buy that DVD from Best Buy, one could argue that you only have an agreement with Best Buy and not the MPAA. That's something the courts would have to sort out.

      --
      "Light is faster than sound." - "Is that why people tend to look bright until you hear them speak?"
    62. Re:Hrmm by spongman · · Score: 1
      What it's seen as by the masses is irrelevant
      Actually, it is. In guaging the legality of tools such as this you'll find that the term "substantial noninfringing use" is used quite alot. The point being that while screwdrivers, crowbars, etc. are more often used for legal means than otherwise, making the same case for DeCSS would be difficult.

      For example, here's a quite from Judge Marilyn Hall Patel's ruling on the Napster case:

      Fair use and substantial noninfringing use arguments are in fact affirmative defenses, and defendant, as I said, has the burden of showing that a given use constitutes a fair use.

      The court finds that...the potential noninfringing uses of the Napster service are minimal. Some of them seem to be thought of them afterward and after this litigation started; but the substantial or commercially significant use of the service was and continues to be copying popular music, most of which is copyrighted and for which no authorization has been obtained.

      IANAL
    63. Re:Hrmm by emarkp · · Score: 1
      IANAL but I imagine stealing a key and then using that key to gain unauthorized access with still be B&E.
      Unless of course you're breaking into your own house. I've purchased the DVD--how can I be prosecuted for breaking and entering my own property?
    64. Re:Hrmm by s4m7 · · Score: 1

      What you are failing to recognize is the careful way in which the dvd CCA has used patent law to remove their need for a "shrink wrap license agreement" (after all, they saw how well they have controlled piracy in the software industry). player technology must be licensed by the CCA or it is in violation.

      DeCSS is not the "only" way to play a dvd on a linux box. there are licensed players for linux (though i haven't seen any in a while). if the creators of DeCSS had paid a licensing fee to the DVDCCA, they could give it away for free all they wanted, and you could use it.

      --
      This comment is fully compliant with RFC 527.
    65. Re:Hrmm by Anonymous Coward · · Score: 0

      Try again...

      Words are legally very meaningful here, really what you meant to say is that you must 'bypass the ACCESS protections'

      As many people have already mentioned, CSS does nothing to stop anyone from copying the data on the disc. It prevents you from viewing the movie -- that you have presumably paid money in exchange for the ability to view.

      The remainder is accurate and well-put, but irrelevant to this discussion, since violation of contract or copyright laws (or any other law, for that matter) is not the intended use of DeCSS.

    66. Re:Hrmm by antis0c · · Score: 1

      I see a lot of "I have the right" comments everywhere. But where do you think you have these rights? I'd like to see people start backing up comments "I have the right" with the actual legal statute defining it.

      If there is a contract saying you can only play DVD's on an Authorized Player, and you accept that contract, then no Sir, you do not have the right to watch the DVD however fucking damn well you please.

      Not that I agree with the RIAA/MPAA on issues like this. On the contrary, I believe laws that benefit consumer freedoms and choice should be broad, while those limiting freedom and choice should be very narrow or non-existant. However it seems most of the laws today are turned the other way around.

      So much for the land of the free.

      --

      ..There's a-dooin's a-transpirin'
    67. Re:Hrmm by nmos · · Score: 1

      The only thing protected here is copy prevention schemes. Congress specifically got rid of the access prevention protection.

      Do you have ANY sort of reference to this?

    68. Re:Hrmm by dh003i · · Score: 1

      I'd like to see people start backing up comments "I have the right" with the actual legal statute defining it.

      (1) Such contracts are not being held up in court. Courts are refusing to uphold EULAs and other similar licenses, which would include any license on a DVD preventing you from watching it on the system of your choice with the software of your choice.

      (2) The right to privacy. They can place as many assinite clauses in their contracts as they want, doesn't mean they're enforcible. This is because the right to privacy is constitutional, and takes precedence over any "license" you "agreed to" when buying a DVD. It would be unconstitutional to enforce any licensing term that could only be enforced by a violation of the right to privacy, which is what these terms would fall under.

      (3) It is unreasonable to say you "agreed to" any license when buying a DVD, since you signed nothing, had no lawyers present, and certainly were not told of any license.

      no Sir, you do not have the right to watch the DVD however fucking damn well you please.

      By the two legal grounds, and the one practical ground, listed above, yes, Sir, I damn well do have the right to watch my DVD however the fuck I please.

    69. Re:Hrmm by mfrank · · Score: 1

      If all you have to watch a DVD on is a Linux box with DeCSS, how can you "agree" to the terms of the "contract" when you don't know what they are until you've already broken the "contract"?

      "Ooooh, it's printed on the DVD case". Too bad. I didn't read it.

      "It was displayed when the movie started". Too bad. I was in the pisser.

      They don't have my signature acknowledging I know the terms of the contract and that I agree to them. Too bad for them. At least a POS EULA has a "Yes I Agree" button. So that's why you have one of your buddies install your software for you when they're over for a beer :).

    70. Re:Hrmm by tomhudson · · Score: 1
      They may have a patent on one algorythm for encoding the disks; they did not patent DeCSS as a decryption technique. For example, I can license mp4 decoding libraries from fraunhoff, or, if I independently develop a different algorythm for decoding mp4s, they're shit out of luck. Sure, they've patented their method, but not other methods of achieving the same ends.

      As for the actual dvd's content, it's not protected by patent, but by copyright. Fair use means that I have the right to use it any way I want, provided that I don't make illegal copies. In many jurisdictions (including my own), consumer protection laws hold that if you require that a certain product must be used, rather than let the customer decide (for exampl;e, if GM required that you use only their motor oil), you must make it available at no charge. Guess that means if I can't play DVDs on a linux box, they've got to give me a DVD player for free.

      Besides, patents don't protect anything that is "obvious". Seeing how quickly CSS was broken, the patent is probably voidable on that basis.

    71. Re:Hrmm by ATMAvatar · · Score: 1

      there are licensed players for linux (though i haven't seen any in a while).

      Name one.

      The only player I can think of off the top of my head was LinDVD, and as far as I can remember, it was swept under the rug before release (or shortly after).

      If somehow you can come up with one - great - I would love to check it out.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    72. Re:Hrmm by yuri+benjamin · · Score: 1
      tomhudson wrote:
      This is a legitimate use, just as hammers and shovels and pry bars also have legit uses.


      Planesdragon replied:
      Not necessarily.

      CSS is an encryption system, designed to ensure that DVDs are played only in players sold in the intended market.


      Artificially segregating markets so you can charge more in some market segments (eg region encoding) is illegal in most jurisdictions AFAIK. (Hence regionless players are perfectly legal here in New Zealand)

      Forcing a customer to buy one product in order to use another product (eg "Approved" DVD players) is also illegal in most jurisdictions AFAIK (Hence MS can't sue codeweavers)

      IANAL, YMMV, yada yada

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
    73. Re:Hrmm by Adrian+Lopez · · Score: 1

      The kind of contract you're describing is called a contract of adhesion. The terms of such a contract are the same for everybody, and there's no room for negotiation. Because of this, contracts of adhesion are less enforceable than negotiated contracts. It may be argued that the DVD publisher's terms do not constitute an agreement, since the terms are imposed unilaterally upon the consumer. Frankly, any restrictions on personal use should require a negotiated contract.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    74. Re:Hrmm by intermodal · · Score: 1

      well, this is true to a certain degree, but it's also incorrect. I don't recall anywhere on the box of my DVD does it say that I may only play it on an authorized player, nor do I recall anything stating specifically that I cannot play it in China. I bought the media that happened to have a movie on it, not a contract to play it whenever they see fit. A contract requires two signatures and an expiration date in the US.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    75. Re:Hrmm by bigpat · · Score: 1

      no, I still believe copy is the right word here because were are talking about the content and not the raw data.

      Of course the word 'protection' is one of the words that marketing folks would choose because it sounds good. Like a mother protecting her child... even more accurate would be 'copy prevention'

      "The remainder is accurate and well-put, but irrelevant to this discussion, since violation of contract or copyright laws (or any other law, for that matter) is not the intended use of DeCSS."

      Sure it is relevant, DeCSS is primarily meant to help Linux users watch DVDs on their computers, which requires that the content be copied off of the DVD and into a bitstream. Physically, any playback device has to 'copy' the content in order to function, really, reading/playing/viewing and copying content are just forms of the same activity.

      That, to me, is the essence of fair use. Once I have purchased content I have a license to view, read, listen to it and copy it for my personal use or distribute copies of it after the exclusion term has expired.

    76. Re:Hrmm by CyberGarp · · Score: 1

      US common law provides for contracts lacking signatures.

      Yes, it does. If both parties admit to the contract, or have some form of evidence. Otherwise, it's unprovable based on the claim of one party. So for a nice enforceable contract, better get it in writing with a signature by both parties.

      When you go to Best Buy and buy a CD, you just entered into a sales agreement, whether you signed anything or not.

      And a sales agreement is protected by consumer law, not contract law.

      --

      I used to wonder what was so holy about a silent night, now I have a child.
    77. Re:Hrmm by Planesdragon · · Score: 1

      IANAL Either, but I've taken a few "business law coureses" that were taught by lawyers.

      A contract in the USA requires four things:

      1: Offer ("Would you like to buy this DVD for $20?")
      2: Acceptance ("Yes, I would; here's my $20")
      3: Consideration (Each part gets something; you get a DVD, they get $20)
      4: Legal Purpose (Laws to kill people are automatically nullified.)

      Signatures help prove the existance and terms, and expiration dates help keep "legal purpose", but they're not required for contracts. When you go to a gas pump and fill up your tank, you've got an implicit contract to go and pay. (if you don't, the store can take you to civil court and sue you for the cost of the gas + punitive damages.)

      Courts regularly review contracts, and throw certain catagories out as a matter of policy, others on a matter of law, etc, etc. So, even if we did have a contract where I sell you my firstborn son, it'd very likely be nullified due to legal implications. (OTOH, if it's a "you pay my wife to have the child we were planing to abort and then you adopt it" kind of deal, it might get through.)

    78. Re:Hrmm by sineltor · · Score: 1

      So, if a poll comes out stating that a noticable majority thought that it was ok to discriminate/kill/beat up on (insert group here), the courts would go along with it? Come on...

      *cough*axisofevil*cough*

      --
      'No publisher will ever pay you enough to successfully sue them' - Dave Sim
    79. Re:Hrmm by Planesdragon · · Score: 1

      First, shrinkwrap licenses have not yet been tested in court.

      Depends on where you live. Some places they've been found as good, others they've been tossed out.

      AFAIK, a shrink-wrap license is an offer; you can go and get a refund as per the terms say, as long as you didn't click "accept."

      A much, MUCH better way, btw, would be to require real licensing, with a name in a database and everything. But, no, we can't have that--too many "privacy considerations." *sigh*

    80. Re:Hrmm by Planesdragon · · Score: 1

      Artificially segregating markets so you can charge more in some market segments (eg region encoding) is illegal in most jurisdictions AFAIK. (Hence regionless players are perfectly legal here in New Zealand)

      Regionless players are prefectly legal here in the USA, too. They just run the risk of losing their license.

      Forcing a customer to buy one product in order to use another product (eg "Approved" DVD players) is also illegal in most jurisdictions AFAIK (Hence MS can't sue codeweavers)

      Nintendo can sue the author of an emulator, though. And Apple gets away with requiring the purchase of Apple hardware to run OSX. And somehow Sony manages to keep folks who like memory sticks tied to Sony.

      I think that the law just doesn't touch the interopabiilty issue, which means that the CSS scheme ("you must buy a CSS player, and we're really conservative about who we sell the recipie to") is perfectly legal.

      (I wonder sometimes if, on the odd chance that some screwball actually took a random 'net post as legal advice, the alleged-offender [who 'acted as a lawyer without passing the bar' or whatnot] could countersue for idiocy and slander?)

    81. Re:Hrmm by Obfuscant · · Score: 1
      Briefly, a contract is a legally enforcable promise between two people.

      So, briefly, when Qwest promised to sell me DSL service which included 8 static IP addresses for $43.90 per month, and then after installing the DSL told me that the 8 static IP addresses would cost an additional $14.95 per month, they were in breach of contract and had committed fraud?

    82. Re:Hrmm by ryanwright · · Score: 1

      I see a lot of "I have the right" comments everywhere. But where do you think you have these rights? I'd like to see people start backing up comments "I have the right" with the actual legal statute defining it.

      Here's one for you: I have the right because I say I do. So there.

      Laugh all you want, but this is what's beautiful about life: My rights don't have to be defined anywhere. I get to decide for myself what they are. If I feel I have the right to watch my DVD in any manner I please, then I do, and fuck anyone who doesn't like it.

      Now, if something I feel is my right also happens to be illegal, I do have to face possible consequences for my actions. I believe I have the right to grow and smoke pot if I so choose - it's nobody else's damn business if I want to get high in my own home. But it's highly illegal and employers test your piss for this sort of thing, so I don't do it. The consequences are too great.

      In this case (watching my DVD with DeCSS in the privacy of my own home), there really aren't any consequences. Therefore, I can safely exercise my self-given right to do this.

      --
      -Ryan, with the unoriginal sig
    83. Re:Hrmm by Surt · · Score: 1

      I wish I could mod and post in the same article, that is the funniest reply I've ever had. :-)

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    84. Re:Hrmm by Anonymous Coward · · Score: 0

      If you have the "right" to do that, then I have the right to modify and redistribute GPL'ed code without making my source available.

      It's the same principle that allows movie studios to limit what you can do with thier movies that allows Linus to limit what you can do with the Linux Kernel source code.

    85. Re:Hrmm by corbettw · · Score: 1

      "So, briefly, when Qwest promised to sell me DSL service which included 8 static IP addresses for $43.90 per month, and then after installing the DSL told me that the 8 static IP addresses would cost an additional $14.95 per month, they were in breach of contract and had committed fraud?"

      Sounds like it. Did you contact your state's public utility commision, or equivilant?

      --
      God invented whiskey so the Irish would not rule the world.
    86. Re:Hrmm by way2trivial · · Score: 1
      You can not go to jail for breach of contract

      right, but you can wind up owing the RIAA an amazing amount of money in a test case..

      --
      every day http://en.wikipedia.org/wiki/Special:Random
    87. Re:Hrmm by broter · · Score: 1
      IANAL as well, so this is the perfect time to put in my $.02...


      • When you go to a gas pump and fill up your tank, you've got an implicit contract to go and pay.


      This is quite a different issue. The transfer of goods in a store (or gas station) setting is a well defined interaction in the culture. When I pick up something from a merchant's store I *should* understand that I'm obligated to pay for it.

      After I pay for it, I also understand that I can do with it what I wish. In a limited form, this is codified in section 109 of Title 17:


      • "...the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord."


      There is no implied contract with DVDs. There is no shrink wrap contract with DVDs. As a matter of fact, in Title 17, section 1201 (c)(1) it states that


      • "Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title." (emphasis added)


      Also, if it can be argued that DVD is reverse engineering, then that's protected under title 17 as well:


      • "Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title."

      --
      "One man can change the world with a bullet in the right place."
      - Mick Travis, "If..."
    88. Re:Hrmm by broter · · Score: 1

      Also, if it can be argued that DVD is reverse engineering...

      Sorry, I meant DeCSS and not DVD :)

      --
      "One man can change the world with a bullet in the right place."
      - Mick Travis, "If..."
    89. Re:Hrmm by Anonymous Coward · · Score: 0

      I believe your argument is inherently flawed.
      In a REAL contract, both parties have to be informed of what they are agreeing to. This takes many forms, the form that most slashdotters can identify with is the EULA. The publisher makes the consumer aware of all the terms of their purchase, and the consumer can either agree with those terms, or disagree with them. Simple enough.
      What you are implying, however, is that when I (or anyone) purchases a DVD that we are unknowingly agreeing to a contract. This, in and of itself is an oxymoron because one cannot UNKNOWINGLY (aka not being informed that a contract exists) enter a contract.
      So, in conclusion, simply buying something (agreeing to pay 20 bucks for a DVD) is, at MOST, a contract between you and the store you buy it from (the contract essentially being that your money is good, and that the DVD will work).

    90. Re:Hrmm by CashCarSTAR · · Score: 1

      Actually wrong.

      As a programming nobody (really) I could tell you that the GPL, in reality is damn fucking brilliant.

      It's a positive license.

      Don't agree with it? Fine. Standard copyright law takes effect.

      Want to agree with it? Fine. Then you can add on and release your changes.

      Your choice.

    91. Re:Hrmm by Art+Tatum · · Score: 1

      It's actually in the text and the arguments are in the Congressional record. But I'm tired and I got it backwards (brain fart). So, completely ignore what I said. :-)

    92. Re:Hrmm by Art+Tatum · · Score: 1

      Doh! That's what I meant. I've been running on very little sleep lately and it looks like it's starting to have an effect.

    93. Re:Hrmm by Art+Tatum · · Score: 1

      And I just noticed that the original comment was actually modded up to +5. Geez, the moderators really *are* on crack.

    94. Re:Hrmm by Alsee · · Score: 1

      modded up to +5. Geez, the moderators really *are* on crack.

      Yeah, I was so irked at the moderation that I almost tossed some flammage at you :D

      It doesn't look like it's ever going to get modded down. Hmm, it would be good if we could nuke our own posts down to -1 (with it locked there) when we realize we've goofed. I'm rarely wrong (chuckle), but there have been 2 or 3 times I would have done that.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    95. Re:Hrmm by commodoresloat · · Score: 1

      We're talking about the right to use merchandise you paid for in whatever way you want. Contract law is irrelevant here, totally. There is no fucking contract. You buy a DVD. They can't tell you you don't have the right to watch the DVD under Linux any more than they can tell you that you can't stick the DVD in your microwave.

    96. Re:Hrmm by Lectrik · · Score: 1
      Contracts are a legal question, which the courts are deciding. There are *terms* displayed when you watch a DVD. And they are more restrictive than copyright law itself.


      hang on a tic,
      Is that realy a fair place to put terms.
      "If you are watching this DVD on non-MPAA approved hardware/software remain where you are, the authorities have already been called. The rest of you may now continue to enjoy our preprocessed "entertainment" material."
      --
      --- As to make my comment seem, by comparison, more intelegent... doodie doodie doodie poop poop poop!
    97. Re:Hrmm by Kintanon · · Score: 1

      No argument there. The wrong judge on the wrong day and you could owe every penny you own, your first born son, and a lifetime of servitute to the RIAA/MPAA whoever.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    98. Re:Hrmm by thynk · · Score: 1

      they were in breach of contract and had committed fraud?

      IANAL, but this sounds more like false advertising rather than a breech of contract, but I agree with the other respondant - take it up with the PUC. From my experience with Qwest, the ammount of billing errors, non disclosed charges and other crap they pile onto bills, they give the impression of being nothing more than a buch of theiving goat fuckers.

      --

      Good judgment comes from experience, and a lot of that comes from bad judgment.
    99. Re:Hrmm by thynk · · Score: 1

      I see a lot of "I have the right" comments everywhere. But where do you think you have these rights?

      It's always been my understanding that a goverment can recognize, secure and protect those rights... but they don't grant them. Something about "endowed by their Creator with certain unalienable Rights" failing to mention the government, MPAA or RIAA as being anyone's Creator.

      If there is a contract saying you can only play DVD's on an Authorized Player, and you accept that contract, then no Sir, you do not have the right to watch the DVD however fucking damn well you please.

      Never seen such a contract. I know the DSS folks want me to believe there is one, I know they put hardware limitation in place to make sure I wasn't exposed to any forign films this year, but to the best of my knowldge, there is no contract made with the MPAA, implied or otherwise upon the purchase of a DVD

      I see what you're saying in your post and I agree with this part - Not that I agree with the RIAA/MPAA on issues like this. On the contrary, I believe laws that benefit consumer freedoms and choice should be broad, while those limiting freedom and choice should be very narrow or non-existant. However it seems most of the laws today are turned the other way around.

      Disclaimer - IANAL (those I like chicks who do). IANAH (I Am Not A Historian).

      --

      Good judgment comes from experience, and a lot of that comes from bad judgment.
    100. Re:Hrmm by LarsG · · Score: 1

      Laugh all you want, but this is what's beautiful about life: My rights don't have to be defined anywhere.

      As long as you don't sign a contract or license, that DVD in your hand is your property. You can do whatever you like with it, including putting it in the microwave to watch the funny sparkles.

      As for the content of the DVD - that's a matter of copyright law. Nowhere in the US copyright law does it say that it is illegal to watch the contents of a DVD with whatever tools or means you deem necessary (well, except for that braindead anticircumvention DMCA thingie).

      What I really find frustrating, is that some people have been exposed to EULAs for so long that they actually start to believe that they are legally binding contracts. They're not.

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    101. Re:Hrmm by Hatta · · Score: 1

      Government cannot grant rights, it can only limit them.

      --
      Give me Classic Slashdot or give me death!
    102. Re:Hrmm by Gleef · · Score: 1

      When I purchase a DVD, I am purchasing a real product, and I have the right to do with it anything not expressly prohibited by law. I have the legal right to play it on a licensed player; I have the legal right to play it on an unlicensed player. I have the legal right to transfer it to video tape and archive it in my basement. I have the legal right to dust off the archive VHS copy, bring it to a friends house and the two of us quietly enjoy a private viewing of the content. I have the legal right to take an excerpt from that DVD and include it in a documentary I might be making. If I get sick of the DVD, I have the right to resell it to a complete stranger.

      All of this is well established in United States law (the USA being the country I live in, and the country in which I purchased most of my DVDs). When I purchase copyrighted materials, I have right to fair use of those materials. The DMCA even explicitly says it is not to interfere with fair use.

      I have no contract with the MPAA, the DVD Consortium, or any movie producers. They have no grounds or standing to tell me how I can or cannot use their content. The laws under which I live do offer some restrictions, for example I can't stand on a street corner selling unauthorized copies of my DVD, but they say nothing about me being required to abide by the DVD Consortium's region encoding, macrovision, or player licensing schemes.

      The MPAA/DVD Consortium could scream until they're blue in the face, the public could even agree with them. It doesn't change the fact that they have no legal authority to restrict unlicensed use of CSS by anybody but people who have signed contracts requiring compliance.

      Disclaimer: I am not a lawyer, the above is not legal advice.

      --

      ----
      Open mind, insert foot.
    103. Re:Hrmm by Slime-dogg · · Score: 1

      Not necessarily. All that is needed for a contract is an offer and an acceptance. A verbal contract is just as binding as a notorized contract, but it's just harder to prove it exists

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    104. Re:Hrmm by gui_tarzan2000 · · Score: 1

      But it seems to me that the DVD companies had to know that people were going to want to play DVDs on their Linux systems, and since Linux is free there would be no chance of royalties for the decryption software because no one would pay it. So why bother with denying a whole segment of the world's population based on that one fact? Hm... could it be that they were only interested in licensing the technology to those who would pay large sums of currency??? In the immortal words of Cereal Killer... "I think so!"

      --
      Have you hugged your penguin today?
  3. Name calling? by absurdhero · · Score: 2, Interesting

    It looks like the industry is so desperate, they have to resort to name calling and hollow accusations. What a sad state of affairs.

    1. Re:Name calling? by DShard · · Score: 1

      I wouldn't call it desperate. I think they are simply dodery simpletons that wouldn't understand technology if it bit them on the ass. The music industry used to have that problem and then they made business decisions to make themselves irrelevant. The movie industry has some room for more than a few years before they can decide they want to be irrelevant as well.

    2. Re:Name calling? by aborchers · · Score: 2, Insightful
      It looks like the industry is so desperate, they have to resort to name calling and hollow accusations. What a sad state of affairs.

      I expect this kind of nonsense from "the industry". What's terrifying is they have a DA doing their name calling for them!

      --
      Trouble making decisions? Just flip for it.
    3. Re:Name calling? by DShard · · Score: 1

      Violation of trade secrets is a civil offense.

      AINAL

    4. Re:Name calling? by aborchers · · Score: 1

      I don't get your point. Is it that a DA shouldn't be involved in a civil case?

      The issue is before the CA Supreme Court, though, as a constitutional free-speech issue. It's moved beyond the realm of a civil conflict between parties at that point, no?

      --
      Trouble making decisions? Just flip for it.
    5. Re:Name calling? by L.+VeGas · · Score: 1

      Looks like the industry is so desperate, they have to resort to name calling and hollow accusations.

      I agree! The industry is just a big bunch of.... jerks! Yeah, jerks! And I heard they do all kinds of illegal things. All the time!

    6. Re:Name calling? by benwb · · Score: 1

      The U.S. Economic Espionage Act of 1996 makes misappropriation of trade secrets a federal crime. 250,000 fine and/or 10 years in jail for each office.

    7. Re:Name calling? by sulli · · Score: 0

      He's the State Attorney General. As noted by others, he's giving Hollywood a big wet blowjob in hopes of being elected governor someday. Lost my vote today, he did.

      --

      sulli
      RTFJ.
    8. Re:Name calling? by DShard · · Score: 1

      When you are trying a civil case a DA is not involved. This is a individual to individual proceeding, whether they are a person or a corporation. Where it is being tried does not change the type of case. The supreme court heres LOTS of civil cases, it is just testing their constitutional merit typically.

    9. Re:Name calling? by DShard · · Score: 1

      I guess that's why IANAL. Good show!

    10. Re:Name calling? by aborchers · · Score: 1

      Sorry. I meant AG, not DA, but come to think of it, that makes it even more repulsive!

      --
      Trouble making decisions? Just flip for it.
    11. Re:Name calling? by Anonymous Coward · · Score: 0

      True, but for this to apply, the information must (a) be secret, (b) be adequately and properly protected, and (c) be released by someone that was entrusted with the secret. Not to mention that they need to be in the US. None of the prerequisites exist, so this doesn't apply.

  4. This again??? by Bull999999 · · Score: 4, Insightful

    Didn't they use the same exact argument when VRCs came out?

    --
    1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    1. Re:This again??? by krystal_blade · · Score: 5, Funny

      No, the argument against "Vicious Rectal Colonizing" is what spawned the revision of personal property laws versus the common good.

      That argument still gets around from time to time though.

      krystal_blade

      --
      It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
    2. Re:This again??? by tomakaan · · Score: 1

      And look how well that worked out for them. Their just grasping for anything and everything to keep them from drowning.

    3. Re:This again??? by 91degrees · · Score: 2, Funny

      No. The VCR was compared to The Boston Strangler. This is just compared to a burglary tool.

      Clearly the motion picture industry's attitude is softening a little.

    4. Re:This again??? by chrisbtoo · · Score: 1

      Right, that's it. I'm adding you as a friend. After this and yesterday's description of foosball, it had to be done.

      --
      Registering accounts later than some other chrisb since 1997
    5. Re:This again??? by red_gnom · · Score: 2, Informative

      "Lockyer told the judges, adding that the movie studios lose millions of dollars because of piracy over the Internet."

      Well, the statistics do not seem to back this statement up. It looks that the movie industry is doing better then ever:

      YEARLY BOX OFFICE

      In year 2002 they grossed $9,135 millions.
      In year 2000 $7,661 millions.
      In year 1996 $5,911 millions.
      So the number of downloads mast be increasing their profits, and if it is so, I think they should repay some money to the downloading community for advertising and marketing activities.

    6. Re:This again??? by ichimunki · · Score: 1
      Nitpick:
      1. The data to which you linked does not bear out your assertion that downloads are increasing their profits. They appear to have averaged about 5-7% revenue growth every year since 1980. The gains in the last few years are unremarkable. Their worst year was 1985, when revenue grosses dropped over 7%. Their best year was 1982 when ticket grosses were up over 16%.
      2. The data you are showing is relative to ticket sales in theaters, where DeCSS is a non-issue. DeCSS affects the sale of VHS and DVD products by diluting the market for those goods with "pirate" copies that are either free or cheap.
      3. The average cost to make a movie has risen from under $10mm in 1980 to almost $60mm in 2002. Meanwhile, the per film ticket gross has gone from about $10mm in 1980 to $20mm in 2002. This means that in the early 80s a movie was expected to break-even at the box office. It is clear that in 2003, most movies are not expected to break even from their theater run and that, in fact, the majority of the revenues must come from elsewhere-- probably from things like VHS sales, DVD sales, and licensing rights.
      4. Just using the numbers you linked to, the movie makers are actually losing more money than ever. So I suggest not using these numbers in any rational debate about the subject at hand.
      5. DeCSS is not just about copyright infringement. Allowing the MPAA to frame the debate this way is surely going to help them win. DeCSS is about Fair Use, free speech, and the public domain. DeCSS is not necessary for copyright infringement, since duplicating the contents of a DVD does not require cracking anything. The keys are right there on the DVD when you buy. If you just copy the whole disc, the player has no way to know if it's a legitimate DVD or a copy. Furthermore, no amount of DeCSS would have kept the various copies of the "Matrix Reloaded" from showing up on Kazaa or as BitTorrents, since they were not ripped from purchased DVDs (or so I hear).
      --
      I do not have a signature
    7. Re:This again??? by Anonymous Coward · · Score: 0

      Nah, the reply to the foosball post was much funnier.

    8. Re:This again??? by red_gnom · · Score: 1
      1. The data to which you linked does not bear out your assertion that downloads are increasing their profits. They appear to have averaged about 5-7% revenue growth every year since 1980.

      For the last six years the averaged revenue growth is 7.2 - 9.8% (except for the year 2000 probably due to the recession). That's pretty good figures. For the years 1980-1995, before high speed Internet, the average revenue growth was 5.2% a year.

      2. The data you are showing is relative to ticket sales in theaters, where DeCSS is a non-issue. DeCSS affects the sale of VHS and DVD products by diluting the market for those goods with "pirate" copies that are either free or cheap.

      You are right here. The increase in DVD sales is much more impressive than the revenue growth of the ticket sales.

      DVDs conquer the movie world

      WARNER-HOME-VIDEO-DVD Sales Soar

      BusinessWeek

      Blockbuster Sees Revenue, Profit Growth in Q1

      4. Just using the numbers you linked to, the movie makers are actually losing more money than ever. So I suggest not using these numbers in any rational debate about the subject at hand.

      The Domestic Grosses are just part of moviemakers revenue. There are also Overseas Grosses, which excide the domestic grosses. There are also rental revenue, merchandise sells, and VHS and DVD sells.

      Warner's 4Q revenue rose to $11.4 billion from $10.6 billion, as strong box office and DVD sales and improvingCNN Money

      Fox Post Profit Gains

      The Ever-Expanding, Profit-Maximizing, Cultural-Imperialist, Wonderful World of Disney

    9. Re:This again??? by ichimunki · · Score: 1

      Just to make clear, I don't disagree at all with your conclusion, that freely available downloads mostly constitute excellent (free) advertising. In fact, I'm guessing that if the members of the MPAA (and the RIAA) were to flood the P2P/BT and other online distribution vehicles with just barely acceptable quality copies of their works that they would effectively drown out the "piracy" and be even more effective in generating both ticket sales and media sales. Heck. They could put 15 ads in the movie every 15 minutes and most of us wouldn't care. We'd accept that as the "price" of getting a free copy. But the numbers are HUGE, so they probably feel like that's gambling with some awfully big chips and are understandably reluctant.

      --
      I do not have a signature
  5. Doesn't it seem odd... by Nu11.org · · Score: 4, Insightful

    That a tool that allows people to copy their DVD's for their own purposes is "a tool for burglary", yet a gun which allows people to kill other people is a "right"? Null

    1. Re:Doesn't it seem odd... by Hypocritical+Guy · · Score: 5, Funny

      That a tool that allows people to copy their DVD's for their own purposes is "a tool for burglary", yet a gun which allows people to kill other people is a "right"?

      This makes me so angry I want to go shoot someone!

      --
      If you liked licking my balls, add me to your foes list!
    2. Re:Doesn't it seem odd... by Oliver+Wendell+Jones · · Score: 0, Offtopic

      yet a gun which allows people to kill other people is a "right"?

      So a gun is "bad", but knives, baseball bats, tire irons and all the numerous other things that are commonly used to kill people are "good"?

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    3. Re:Doesn't it seem odd... by ERJ · · Score: 1

      Although meant as a flame against guns, I think it is ironic how this guy manages to place guns the exact same way as Bill Lockyer places DeCSS.

      Both have illegal and legal uses. And that is the point, isn't it?

    4. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      Its the same people that say DVDs shouldn't be copied that says guns are bad, aka Democrats/Liberals. Of course this is /., so I'll be modded down instantly for saying this...

    5. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      >So a gun is "bad", but knives, baseball bats, tire irons and all the numerous other things that are commonly used to kill people are "good"?

      Don't be a typical pro-gun American moron. A gun can *only* be used to shoot (people). Knives, baseball bats and other potentially lethal objects aren't *made* to kill people.

      Or do you want to actually outlaw rocks, or even your own fists?

    6. Re:Doesn't it seem odd... by smittyoneeach · · Score: 1, Insightful

      Like the classic comment about the general offering target practice to Boy Scouts.
      Accusec by a female reporter of training the boys to be killers, he observed
      she was equipped to be a prostitute...
      If we simply boycott all of these products, they won't afford sharks (lawyers), and the whole non-argument will eat itself.
      Sure, I own some DVDs, but would gladly give them all all away if it would get these idiots to shut their pie hole.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    7. Re:Doesn't it seem odd... by fobbman · · Score: 5, Insightful

      Software doesn't pirate DVDs...PEOPLE pirate DVDs.

    8. Re:Doesn't it seem odd... by s20451 · · Score: 5, Insightful

      Although this seems like a troll, it really isn't. In recent years, both before and after Sept. 11, the US government has passed a raft of legislation curtailing and limiting the 1st Amendment, to the general apathy of the population. Meanwhile, any suggestion of curtailing the 2nd Amendment, however mild, is met with howls of protest.

      Wouldn't it be nice if the ACLU was as politically powerful as the NRA?

      Disclaimer: I am a Canadian.

      --
      Toronto-area transit rider? Rate your ride.
    9. Re:Doesn't it seem odd... by scubacuda · · Score: 1
      A gun can *only* be used to shoot (people)

      Don't be foolish.

      It can be used to kill tasty animals, too!

      (Just ask Ted Nugent!)

    10. Re:Doesn't it seem odd... by 91degrees · · Score: 1

      Those are also "rights", and potentially much more dangerous than DeCSS.

    11. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 5, Insightful
      any suggestion of curtailing the 2nd Amendment, however mild, is met with howls of protest.

      If faced with creeping tyranny, wouldn't you want to be armed, just in case?

    12. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      I don't know where you're from but here in upstate ny we still have a lot of hunters. And downstate a bit (long island) they need MORE hunters (well, less people would make more sense imho, but we can't go around shooting long islanders afaik [IANAL]). the deer are all over the place down there. they have no enemies but cars and not nearly enough food in the winter.

    13. Re:Doesn't it seem odd... by Undertaker43017 · · Score: 1

      "A gun can *only* be used to shoot (people)" And don't be a typical anti-gun nut. I own several guns, not one of them has ever shot a person. Guns can be used to shoot many things, not just people.

    14. Re:Doesn't it seem odd... by FroMan · · Score: 1

      Don't be a typical anti-gun liberal moron. A gun can *only* be used to shoot (people, animals, show of force to protect people, used in sporting events). Knives, baseball bats and other potentially lethal objects aren't *made* to kill people, just like guns.

      --
      Norris/Palin 2012
      Fact: We deserve leaders who can kick your ass and field dress your carcass.
    15. Re:Doesn't it seem odd... by Echnin · · Score: 1

      Brilliant... Don't have any mod points, so someone mod this comment up. :)

      --
      Lalala
    16. Re:Doesn't it seem odd... by Steve+B · · Score: 1
      A gun can *only* be used to shoot (people).

      Deer are people, too!

      --
      /. If the government wants us to respect the law, it should set a better example.
    17. Re:Doesn't it seem odd... by DShard · · Score: 1

      What is the oddest thing to me is that compared to the tech industry they are paupers. The tech industry is very responsive to customers, because if they don't someone else will. Yet even with this, it seems the entertainment industry has a lot more political clout. What's wrong with this picture?

    18. Re:Doesn't it seem odd... by TamMan2000 · · Score: 4, Insightful

      Didn't help the iraqis...

      Disclamer: I am not against the 2nd amendment, it is just that that argument is freakin' weak...

      --
      "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    19. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      Actually, it was an led flashlight in my pocket. I was happy to see you though :)

    20. Re:Doesn't it seem odd... by scubacuda · · Score: 5, Informative
      While funny (and applicable), that story is bogus.

      Claim: Questioned about the wisdom of teaching Boy Scouts to use firearms, a US General points out the difference between being equipped to do something and doing it.

      Status: False.

      Example: [Collected on the Internet, 1999]

      This is an extract of an National Public Radio (NPR) interview between a female broadcaster and US Army Lieutenant General Reinwald about sponsoring a Boy Scout Troop on his military installation.

      Interviewer: "So, LTG Reinwald, what are you going to do with these young boys on their adventure holiday?"

      LTG Reinwald: "We're going to teach them climbing, canoeing, archery, and shooting."

      Interviewer: "Shooting! That's a bit irresponsible, isn't it?"

      LTG Reinwald: "I don't see why, they'll be properly supervised on the range."

      Interviewer: "Don't you admit that this is a terribly dangerous activity to be teaching children?"

      LTG Reinwald: "I don't see how, we will be teaching them proper range discipline before they even touch a firearm."

      Interviewer: "But you're equipping them to become violent killers."

      LTG Reinwald: "Well, you're equipped to be a prostitute, but you're not one, are you?"

      End of the interview

      Origins: As great a tale as this is, it's pure fabrication. It began life in 1999, purportedly about an "LTG Reinwald" of the US Army. In 2001 it reappeared, this time attributed to "Marine Corps General Reinwald."

      The U.S. Army denies that there is a Lieutenant General Reinwald and chalks the whole thing up as a hoax. (Which is as logic dictated all along; if an armed forces spokesperson ever gave voice to a sexist remark likening a female interviewer to a prostitute, that officer would soon be called upon to make a very public apology as well as face charges within ranks for conduct unbecoming.)

      National Public Radio had this to say about the matter:

      We are aware of an erroneous story posted on the Free Republic Website, and possibly elsewhere, which mentions a supposed interview between an unnamed NPR reporter and a U.S Army Lieutenant General Reinwald. The story is false -- the dialogue mentioned was not an NPR interview, and it never aired on any NPR program.

      Those who like their guns and who believe responsible gun ownership begins with teaching young people the right way to handle firearms at an early age have a great fondness for this story. As well they should, because this anecdote illustrates in a humorous way the difference between having the ability to do something and that ability dictating life choices.

      The "Reinwald" story existed as a joke as far back as October 1997 when it appeared on a number of web pages in the following form:

      Excerpt from a recent live radio interview on one of the regional Welsh stations:

      A female newscaster is interviewing the leader of a Youth club:

      Interviewer: So, Mr. Jones, what are you going to do with these children on this adventure holiday?

      Mr Jones: We're going to teach them climbing, abseiling, canoeing, archery, shooting...

      Interviewer: Shooting! That's a bit irresponsible isn't it?

      Jones: I don't see why, they'll be properly supervised on the range.

      Interviewer: Don't you admit that this is a terribly dangerous activity to be teaching children?

      Jones: I don't see how, we will be teaching them proper range discipline before they even touch a firearm.

      Interviewer: But you're equipping them to become violent killers.

      Jones: Well, you're equipped to be a prostitute but you're not one are you?

      Needless to say, the interview was terminated almost immediately.

      Notice the differences that have taken place between the two tellings:

      * "Abseiling" has been taken out of the Americanized version (probably because whoever altered the text didn't know it was a r

    21. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      There aren't eighty million Iraqis. Also, I doubt the whole of the army would fight against the People.

    22. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      Actually, knives are made for stabbing and cutting things. It's actually exactly the same.

    23. Re:Doesn't it seem odd... by stanmann · · Score: 1
      A gun can *only* be used to shoot (people).

      Deer are people, too!

      Broccoli are people too!
      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    24. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      Dude, you have you guns right now, and you are doing nothing to stop creeping tyranny with them.

    25. Re:Doesn't it seem odd... by grunteled · · Score: 1
      If faced with creeping tyranny, wouldn't you want to be armed, just in case?
      Yes. However, the day an M1A1 rolls into town to put down any uprising, I'm sure I'll feel less than effective with my two shotguns and .40 Semiauto. Hell, most folks don't have the arms to defeat a police SWAT team, much less the Army/National Guard.

      Even if it never comes to that, any attempt to remove government officals by force will label you a terrorist. After which you will be jailed, tortured, and later executed. Allowing you to own guns these days is largely appeasement. You have very little chance of fighting off a determined gov through ownership of civilian weapons. I still am happy with the killing people who try to kill me part though.
    26. Re:Doesn't it seem odd... by dameron · · Score: 4, Insightful
      >>any suggestion of curtailing the 2nd Amendment, however mild, is met with howls of protest.

      >If faced with creeping tyranny, wouldn't you want to be armed, just in case?

      To paraphrase a jurist I heard on the radio recently, the 2nd Amendment isn't our great bulwark against tyrany, the 1st Amendment is.

      The upcoming stealth FCC media consolidation deregulation poses a far, far greater threat to democracy than the most rabid gun control advocate.

      -dameron

    27. Re:Doesn't it seem odd... by hummassa · · Score: 1

      Hell, most folks don't have the arms to defeat a police SWAT team,...
      unless they are drug dealers.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    28. Re:Doesn't it seem odd... by aron_wallaker · · Score: 1

      Hell, most folks don't have the arms to defeat a police SWAT team, much less the Army/National Guard.

      Exactly! Did no one read the details of the battles in Iraq ? Many of the 'militia' attacks consisted of a bunch of Iraqi Baathists with AK-47's packing into SUV's and rushing at American positions.....where they were promptly destroyed, quite often without inflicting any US casualties whatsoever. Now the US forces were definitely surprised at this level of resistance as they had been led to believe there would be none, but in the end it barely slowed the US advance.

      The moral of the story ? Anyone who claims the right to be armed keeps the government honest is seriously deluded - any corrupt government supported by a reasonably modern army can control an armed populace if it chooses to use force. For proof again, look at Iraq - since the government fell it seems like a pretty large section of the population was anti-Hussein (if not pro-US) and the number of AK-47's on the street of Baghdad lately would frighten even the NRA....but it never made much difference in terms of who ran the country.

    29. Re:Doesn't it seem odd... by Reziac · · Score: 1

      Exactly. The Iraqi PEOPLE are not armed, therefore they were easily subjected to a totalitarian gov't -- their OWN.

      This was the case long before the U.S. ever looked in Iraq's direction.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    30. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      No, they're not.

    31. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      1) Would the US Army fight against other people from the USA in their own country?

      2) Were their 80 million gun owners in Iraq with more than 250 million guns between them?

    32. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0
      That a tool that allows people to copy their DVD's for their own purposes is "a tool for burglary", yet a gun which allows people to kill other people is a "right"?


      No, not if the legal system behaves in a way that values property rights more highly than ordinary people's right to life. And in this case (as in so many others), the legal system and the entire apparatus of government are quite willing to arbitrarily extend the property rights of the few at the expense of the rights of everyone else-- fair use, privacy, whatever.

      Don't believe me? Just observe the behavior of the Justice Department, state Attorneys General, the courts, and legislatures. The system is rigged, and even when there are laws to protect us from being ripped off, they're not enforced. But if there's a buck to be made by bending the laws, the courts will acquiesce, for example in the absurd extension of patent law to cover algorithms and business processes. Logically absurd, but a decision that serves powerful commercial interests at the expense of consumers and the greater good of society.

      Corporate welfare is not an aberration, it's the whole rationale for the US system of government.

      Excuse the rant, but so many /. postings are legalistic in tone, and naively assume that the courts are their friends. The tradition of the Dred Scott decision lives on. That case was about property rights too. The underlying philosophy has changed surprisingly little over time. As the man said: liberties are taken, not given.

    33. Re:Doesn't it seem odd... by jedidiah · · Score: 1

      Proper infantry tactics aren't about spraying bullets around. Proper tactics are about the judicious use of force, accuracy and TEAMWORK.

      It's training and cohesion that separates armies from the rabble.

      Also, real soldiers are taught how to take out tanks with nothing more than what a civilian might have on hand.

      Mebbe if you picked up some relevant manuals, you wouldn't be so willing to be intimidated by scary looking things.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    34. Re:Doesn't it seem odd... by Overzeetop · · Score: 1

      That's quite true. I suspect that - even in theory - no individual or group of individuals, given an unlimited right to buy arms, could stand up the the US military. Even Bill Gates couldn't rally against the $300+B/yr the gov't spends.

      However, the right to free speech _can_ mobilze a nation to "overthrow" the government in power. It usually happens every 4-12 years here.

      Isn't the line in the 2nd amendment about the right to bear arms followed by the caveat that it be for the purpose of a well-regulated militia? Are the state national guards not that "well regulated milita" which was so necessary in the years before a national paid army? Is your desire to own a shotgun for sport not protected by the 2nd amendment? For what it's worth, I own a 12ga dbl barrel shotgun, and (until just recently), a Semi-automatic Ruger MarkII pistol. Though I think a well secured gun is a lousy crime deterrant, there are times when they are quite useful. That's especially true when you live out in the country, as I do.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    35. Re:Doesn't it seem odd... by jedidiah · · Score: 2, Interesting

      Bullsh*t.

      It's not the weapons, it's the training.

      If it were Russian soldiers or Viet Cong instead of clueless civilians, the US Army would take such a beating that it cry "wee wee wee" all the way home.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    36. Re:Doesn't it seem odd... by Overzeetop · · Score: 1

      Apparently, my "Plain Old Text" still made my tags dissappear on the first couple sentences of that last paragraph. Damn slashdot.

      let's try that again, kids:

      [flamebait] Isn't the line in the 2nd amendment about the right to bear arms followed by the caveat that it be for the purpose of a well-regulated militia? Are the state national guards not that "well regulated milita" which was so necessary in the years before a national paid army? Is your desire to own a shotgun for sport not protected by the 2nd amendment? [/flamebait]

      --
      Is it just my observation, or are there way too many stupid people in the world?
    37. Re:Doesn't it seem odd... by grunteled · · Score: 1
      Or do you want to actually outlaw rocks, or even your own fists?
      No. Nor do I want guns to be outlawed. Given they have the purpose of sport, self defense, and food gathering among others. Just the same as knives, baseball bats, rocks, sticks, or fists.

      Oh..., but that's right. People who enjoy the sporting side of firearms are 'American morons' but people who beat each other with fists, feet, and sticks in a ring are 'sportsmen'. Boxers and martial arts experts and such.
    38. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      To put it into context the Second Amendment Supports the First Amendment. The First amendment only states we have the right to Free Speech whereas the Second Amendment gauruntees our right to protect that Free Speech.

      My only problem is those who so defend the second amendment so forcefully seem to be the same who wish to put conditions on Free Speech. And the liberals are no better with their modern form of censorship ala PC (Politically Correct).

    39. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      In Soviet Russia, the DVD's pirate YOU.

    40. Re:Doesn't it seem odd... by grunteled · · Score: 1

      Actually, it's both. Without effective weapons the best you can hope for is a long drawn-out conflict of harrasement. Good tactics can keep you alive and fighting, but you will probably not defeat the enemy outright. On the other hand, Good equipment and no training will get you killed in short order.

      To the poster just above you. How many of the 80 million will be willing to fight. Of those how many have the training to do so? How many will stay in the fight once families and friends are dead. Many nations have built armies that became perfectly willing to oppress thier own people to remain in a position of power and good grace. If you depend on the good will of people who's living (freedom from jail) depends on following orders given, then you are deluding yourself.

    41. Re:Doesn't it seem odd... by grunteled · · Score: 1

      But i'm not infantry, nor are most other gun owners I know. I'm a network admin, and a sometimes target shooter. So yes, I guess a tank/grenade launcher/machine gun might intimidate me.

    42. Re:Doesn't it seem odd... by Bourbonium · · Score: 1

      The ACLU just picks its battles differently. With the NRA around to safeguard the 2nd Amendment, the ACLU figures that's one they don't need to bother with (so they avoid opposing any legislation that attempts to curtail it, assuming that the NRA will fight that battle for them). And, of course, they don't want to alienate their left-leaning core constituency which consists of quite a few gun-grabbers who would happily disarm the rest of the population). The NRA has also proven somewhat impotent in opposing most gun control legislation anyway. Witness all the gun laws that are already on the books in the U.S. today, so I suspect you are exaggerating the extent of their political power.

      Wouldn't it be nice if the ACLU defended all provisions of the Bill of Rights equally, rather than selectively? I guess that's why we have the Libertarian Party in the U.S. Doesn't Canada have an ideologically similar Libertarian Party?

    43. Re:Doesn't it seem odd... by EvilBudMan · · Score: 1

      I'm in favor of both the first and second admendment. The erosion of either is a threat to democracy. You can't have one without the other.

    44. Re:Doesn't it seem odd... by JM_the_Great · · Score: 1

      PEOPLE don't pirate DVDs, DVD-burners do ;)

      --

      --Justin Mitchell
      "2nd Place is a fancy word for losing" --Bender (Futurama)
    45. Re:Doesn't it seem odd... by 1029 · · Score: 1

      To paraphrase a jurist I heard on the radio recently, the 2nd Amendment isn't our great bulwark against tyrany, the 1st Amendment is.

      Yep. Your right to free speech and free expression will do wonders against jack-booted thugs with supressed sub-machine guns and gas grenades.

      Ah, time to get modded "troll" again, which seems to happen whenever someone isn't rabidly anti-gun around here. But I guess I can live with that; at least we both still have our rights to freedom of expression... well, for the most part anyhow.

      --
      - I love animals. I try to eat at least one a day.
    46. Re:Doesn't it seem odd... by TamMan2000 · · Score: 1

      Get the facts

      The Iraqi people are indeed armed, much more so than american civilians are, and it could not protect them from their own totalitarian government.

      --
      "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    47. Re:Doesn't it seem odd... by GlassUser · · Score: 1

      If even a quarter of the american population put up even a slightly organized resistance, the armed forces would be overrun. Additionally, a significant percentage of them would refuse to fight american civilians.

    48. Re:Doesn't it seem odd... by TamMan2000 · · Score: 1

      Would the US Army fight against other people from the USA in their own country?

      I heard something about some government report recently that estimated a ~50% desertion rate if those were the orders, with a smaller, but still large subset (can't remember the number) attempting mutiny...

      --
      "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    49. Re:Doesn't it seem odd... by knobmaker · · Score: 1
      Wouldn't it be nice if the ACLU was as politically powerful as the NRA?

      Yes, it would, because then there would be two politically powerful organizations defending the 2nd Amendment. The right to own weapons is one of the most important civil liberties, because without it, Americans would have to rely solely on the innate benevolence of government to preserve their other liberties.

      By the way, the 2nd Amendment has been curtailed, in many ways. When I was a kid, you could order a war surplus rifle in good working condition for 20 bucks, from an ad in the back of a comic book, and the Post Office would deliver it to your house. And oddly enough, there was far less gun violence then than there is now-- especially among kids.

      Still, I take your point. It's true that many ACLU members fear and hate guns, just as many NRA members fear and hate dissent. But in fact, they ought to be working together, not at cross-purposes.

    50. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      "Your superior intellect is no match for our puny weapons!" - Kodos

      Pamphlets and speeches incite the people and fortify their will.
      Weapons carried by people of strong will win battles and wars, and maintain peace and liberty.

      If a people are able to speak freely but have no arms, only their arguments have force, and tyrants will feel safe to ignore their arguments.

      The British were not driven from America by pamphlets, but by musket balls. But the musket balls would not have flown without the pamphlets.

      The right to bear arms and the right to free speech should be considered the two sides of one coin.

    51. Re:Doesn't it seem odd... by jedidiah · · Score: 1

      Well, we've already established that the Fedayeen have proper infantry equipment.

      They just have no clue how to use it.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    52. Re:Doesn't it seem odd... by jedidiah · · Score: 1

      Like I said: If you take the 2nd Amendment seriously, crack open a book sometime.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    53. Re:Doesn't it seem odd... by DarkZero · · Score: 1

      Didn't help the iraqis...

      Disclamer: I am not against the 2nd amendment, it is just that that argument is freakin' weak...


      Actually, it definitely helped the Kurds in northern Iraq (aka "Kurdistan"), who have been able to hold their position and build a suitable government in relative safety with the help of machine guns, grenades, and other deadly weapons. With just their own soldiers and their own arms, they had been able to hold off not only the Iraqi government, but also Iranian proxy armies and Al Qaeda forces right up until the Americans came into Iraq a couple months ago and solved almost all of their problems. They even managed to hold off a major offensive from a group that is assumed to be from either Iran or Al Qaeda right before the American and British invasion, and with hardly any (if any at all) help from the Americans or the British.

      If tyrannical groups can hold their land against outside forces with guns, then so can less repugnant groups, and that's exactly what the Kurds did for all that time.

    54. Re:Doesn't it seem odd... by knobmaker · · Score: 2, Interesting
      You have very little chance of fighting off a determined gov through ownership of civilian weapons.

      This is a popular view, and makes it more comfortable to accept the idea of domination by powerful police and military organizations. I believe it to be incorrect.

      First of all, an uprising in America would not take the form of such Hollywood scenarios as Red Dawn. It would in all likelihood begin in the urban centers. Urban fighting is very different from fighting in open country, particularly if the people in power count the urban infrastructure as part of their assets. In other words, the American government is very unlikely to drop battlefield nukes on Manhattan, because they'd be destroying their own possessions. This scenario applies to many other aspects of a popular American uprising-- from powerplants to factories to transportation. The military would be constrained in its use of overwhelming force by the practical problems of occupying its own country.

      Secondly, harassing tactics could prove so expensive that the authorities might be forced to negotiate with the insurgents. This has happened thousands of times in human history-- an inferior force has forced concessions from a superior force because it's cheaper than fighting a war.

      Finally, proponents of the "resistance is futile" viewpoint seem to assume that American soldiers are robots who would feel no misgivings about crushing their own people. I think that's nonsense. Members of our military have grown up with the idea that this is a free country, and that freedom is a good thing. A sizable portion of them would, in my opinion, mutiny-- if asked to kill their own people. These mutineers would provide both military expertise and powerful weapons to the insurgents.

      History provides numerous examples of disarmed people who were tyrannized by their own leaders. Far fewer examples can be found of this happening to armed people. Remember the American Revolution. The idea that the American rabble might defeat trained British troops and their mercenaries was an idea so ridiculous that few in England took it seriously. Until it was too late.

    55. Re:Doesn't it seem odd... by Tackhead · · Score: 1
      > What is the oddest thing to me is that compared to the tech industry they are paupers. The tech industry is very responsive to customers, because if they don't someone else will. Yet even with this, it seems the entertainment industry has a lot more political clout. What's wrong with this picture?

      Comes down to lobbying power.

      Suppose you're a senator. What set of tits would you rather nuzzle your nose between when snorting your line of cocaine? Titney's perky silicone Spears? Or Steve Ballmer's hunky manboobs?

      There are some things even a Senator won't do.

    56. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      But people are the most fun things to shoot!

    57. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      Yeah man! Here in the US we have thousands of people who spend all their free time training with paintball guns just waiting for the chance to pick up some live rounds and whack somebody! And they're hard-core, just ask them....they'll tell ya!

    58. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      Guns don't kill people, I kill people!

    59. Re:Doesn't it seem odd... by IthnkImParanoid · · Score: 1

      Nail on the head.

      How effective is one person with a gun, really? Yes we need guns to defend against the tendency of people in power to acquire more (and more and more), but unless we can communicate with each other and educate ourselves we can never resist on a large enough scale.

      --
      It's nothing but crumpled porno and Ayn Rand.
    60. Re:Doesn't it seem odd... by Unregistered · · Score: 1

      Legally the 1st is more important. Imn reality the 2nd is more important. With guns we can resist. Words are kinda usleless against tanks and bullets, imo.

    61. Re:Doesn't it seem odd... by Whatever+Fits · · Score: 1

      Although this seems like a troll, it really isn't. In recent years, both before and after Sept. 11, the US government has passed a raft of legislation curtailing and limiting the 1st Amendment, to the general apathy of the population. Meanwhile, any suggestion of curtailing the 2nd Amendment, however mild, is met with howls of protest.
      Well, Americans are, in general, stupid and apathetic. They watch the nightly news as their entire news source. That is the most politically biased and sanitized version of the news you could possibly get without actually providing you with any actual information. Ten to fifteen second clips about real information and a couple of minutes devoted to a fire in an abandoned warehouse does not constitute news. It is just ridiculous. Yes, we have freedom of the press, but look where it gets us. We have a bunch of press who give us their version of the news. I'm just so glad I have the Internet available and can read non-mainstream sources.

      Wouldn't it be nice if the ACLU was as politically powerful as the NRA?
      They are, but they don't focus on benefitting freedom of speech. They have their own agenda that is not focused. When they put their weight behind something, it usually breaks. The problem is that they pick some really strange things to support. If they actually focused on freedom of speech issues and not some crap issue (literally) then I think they would be a more respectable institution and get some good work done.

      Disclaimer: I am a Canadian.
      I'll try not to hold that against you! ;)

      --
      My name fits again.
    62. Re:Doesn't it seem odd... by Obfuscant · · Score: 1
      To paraphrase a jurist I heard on the radio recently, the 2nd Amendment isn't our great bulwark against tyrany, the 1st Amendment is.

      He's wrong. The 1st amendment is how we are supposed to keep from needing the 2nd, but without the 2nd, the 1st is toothless.

      The upcoming stealth FCC media consolidation deregulation poses a far, far greater threat to democracy than the most rabid gun control advocate.

      The "most rabid gun control advocate" is no threat to democracy at all, but he is a threat to those who want to take it away from him, such as those people who are mis-led by media misreporting exacerbated by limited viewpoints being heard.

    63. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      No, no, don't do that. Shoot the damned DVD!

    64. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      Hmm... then why all the media stories about Iraqis buying guns leading up to the war?

      Look at all the grief the Palestinians have caused for Israel simply by effective long-term brainwashing and rocks-and-molotov cocktails.

      The American Patriots did well also by hiding their guns and ammo caches well enough from the British.

      If people decide they need guns, they'll get them no matter what.

      It's a big red herring.

      Now, if the local constabulary says that if I'm convicted of using a gun against the police, I will get to watch my children and wife be publicly eviscerated, before I'm shot in the head, and my parents have to pay for the bullet as well as the cleanup from the eviscerations, I'm probably not going to risk that, and most people with families won't.

      Notice how I say, "convicted". It should imply a heavy dose of kangaroo court room action.

    65. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      All that you are really pointing out is that once a tyrant has enough of a grip on power to feel free to fill mass graves with 15,000 people at a time, gas entire villages to death, and has a comprehensive secret police, it might be a little late. The Iraqis are still terrified today of Saddam, that he might still return, even with the Allied nations occupying Iraq.

      The most important thing that the average Iraqi did with the weapons that Saddam passed out prior to their liberation was to not use them. That was far more damaging to the regime than if they had simply fired a few bullets at Saddam Inc. instead of at the Allies before the Iraqi secret police killed their entire family.

      I am not against the 2nd amendment, it is just that that argument is freakin' weak

      I think that you are confused. Its not that its a weak argument, but rather that like most things, the outcomes depend upon the conditions and the state of who is being examined. If you pick a highly unfavorable case and people who aren't in a position to improve it, you get a bad outcome.

      You didn't mention the Yugoslavians who pretty much threw out the Nazis by themselves even given the Nazi's ruthlessness. Or the Afghanis who booted out the Soviets.

    66. Re:Doesn't it seem odd... by TamMan2000 · · Score: 1

      I think that you are confused.

      Nope,
      I know what I think... Small arms can do very little (they can make it happen, but in desparate situations anything can be a weapon) against modern a military.

      I like the 2nd becasue I don't feel that anyone who wants to use an objest for fair, legitamate purposes should be denied that freedom becasue of societies fear of what he could use that object for...

      --
      "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    67. Re:Doesn't it seem odd... by Anonymous Coward · · Score: 0

      >> Words are kinda usleless against tanks and bullets, imo.

      Hoo boy! Tell that to Boris Yeltsin...

  6. Breaking, entering, and stealing? by shish · · Score: 5, Insightful

    It may break encryption, but entering and stealing? WTF???

    --
    I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    1. Re:Breaking, entering, and stealing? by sean23007 · · Score: 1

      It breaks the encryption, enters the private intellectual property, and allows you to steal the data that you purchased but for some reason don't own. At least that's about as far as I can follow it.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    2. Re:Breaking, entering, and stealing? by hal200 · · Score: 1

      What I believe they're trying to say is that every time you use DeCSS, the Devil breaks into Baby Jesus's home and steals his lollypop!

      I hope you're happy! You made Baby Jesus cry! ;)

      --

      I just want to take over the world...Why does that automatically make me EVIL?

    3. Re:Breaking, entering, and stealing? by drinkypoo · · Score: 1

      "breaking and entering" is a particular legal construct to differentiate defeating a security mechanism and then trespassing. If someone leaves their door open and you rob them, you're trespassing and burglarizing; If they lock it and you break it down or pick it and enter, then you're "breaking and entering", trespassing, and burglarizing.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  7. No surprise by DrTentacle · · Score: 5, Interesting
    Bunner said he originally posted the code so that people could use it to play their DVDs on the Linux operating system, a practice that was all but impossible at the time.


    Unfortunately, with no large corporate backing at the time, legitimate uses such as this would of course be ignored. When large corporates think they are losing money, the government will come down on their side time after time.

    Let's hope that uses such as this can be viewed as more legitimate now that the OSS movement has some large backers - IBM and the like.
    1. Re:No surprise by geekoid · · Score: 1

      not true. The Auto industry used to be THE corporation. At there peak of power, the people still got the governmant to regulate them. Do you think the auto manufacturers wanted to put seat belts in there cars?

      Someone call ralph nader and see if what he did in the auot industry he can do in the software industry.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:No surprise by DrTentacle · · Score: 1

      I'm sure the cost of fitting seat belts was passed straight back on to the consumer. Given the total cost of a car, it's pretty minimal.

      I can't see the MPAA passing the cost of what they consider to be lost sales onto the people who are buying DVDs - The price is already relatively high, and they don't want to dissuade further people from paying for them.

  8. Likewise.... by freeze128 · · Score: 2, Insightful

    Gasoline is a tool for ARSON!

    1. Re:Likewise.... by rusty0101 · · Score: 1

      And when sprayed through a atomizer, into a confined area, it can become an explosive requiring a small spark to go off.

      -Rusty

      --
      You never know...
    2. Re:Likewise.... by stanmann · · Score: 1

      Or, it can Be an IC engine. Hmmm... Imagine that a bomb under control providing power.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    3. Re:Likewise.... by Anonymous Coward · · Score: 0

      doesn't have to be in a confined area. put some gasoline in a hairspray bottle. get one of those long lighters, and it will actually combust in air. no compression needed. the compression only HELPS it burn better.

  9. Field of Dreams by Anonymous Coward · · Score: 4, Funny

    If you grow them, they will cum.

    1. Re:Field of Dreams by Hrothgar+The+Great · · Score: 1

      If you grow them, they will cum.

      That is just pretty damn well clever right there.

    2. Re:Field of Dreams by Anonymous Coward · · Score: 0

      The actual quote is "If you build it, he will come", with a "he", not "they".

    3. Re:Field of Dreams by Anonymous Coward · · Score: 0

      Hmm... I guess when you look at it that way it really isn't funny at all.

    4. Re:Field of Dreams by Anonymous Coward · · Score: 0

      You're a lot of fun at parties, aren't you?

  10. Just to spite them... by Anonymous Coward · · Score: 2, Insightful

    I wish someone released a divx of the court procedings.

  11. VCRs will be the death of Hollywood by Anonymous Coward · · Score: 0
    And monkeys are flying out of my butt.

    Maybe this time we can hope MPAA is correct that digital content distribution will kill Hollywood.

    If only we could be sooo lucky

  12. Again, you dont need DeCSS to copy a DVD by Sigurd_Fafnersbane · · Score: 5, Informative

    Again, you dont need DeCSS to copy a DVD, you need it to be able to decode its content.

    Making a bit by bit copy of a DVD will play flawlessly in any DVD player, no problem. The problem comes when you want to build your own DVD player, then you need DeCSS.

    1. Re:Again, you dont need DeCSS to copy a DVD by Sigurd_Fafnersbane · · Score: 5, Informative

      One could add that having DeCSS would enable you to rip a DVD and make a un-encrypted copy. In this respect it could be used for circumventing the copy protection. Nevertheless I will risk the claim that 99.9% of the people using DeCSS is doing so to watch DVDs they have purchased for their hard earned cash.

      If you wanted a pirated version it is easier to download one than to make one yourself;-)

    2. Re:Again, you dont need DeCSS to copy a DVD by stratjakt · · Score: 5, Informative

      You can copy the vob file to your HDD and play it back with powerdvd or other licensed DVD playback softwares.

      So you could go ahead and trade around the encrypted movie and watch it, no problem.

      Even with a super duper mega unbreakable encryption, you could still framegrab the video and encode it into divx or whatever. You're downsampling and losing quality either way, it's really six of one, half dozen of the other.

      This doesnt stop movie trading, it just prevents the MPAA from collecting CSS licensing for DVD playback devices, and takes away their power to impose region locks on the movies.

      It's a strawman argument to protect their artificial regional targetted marketting.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:Again, you dont need DeCSS to copy a DVD by Poeir · · Score: 4, Informative

      The problem here is that consumer DVD burners can't burn to track 0, where the keys to the encryption are kept; so when you burn a bit-by-bit copy, it's encrypted with no key, and therefore useless.

      I don't have any idea what a professional DVD burner would cost.

      --
      Sigs are like bumper stickers.
    4. Re:Again, you dont need DeCSS to copy a DVD by visualight · · Score: 4, Insightful

      If that's true, then why was there ever a problem in the first place? Surely this was brought up so many times back when this first started with 2600. Even the MPAA must realize that DeCSS is not necessary for copying DVD's. So while the MPAA and their bribed politicians are claiming it's a burglary tool in court, the reason they went to court in the first place is probably something else. Like that fact that with DeCSS you can watch a movie on an UNLICENSED player.

      For the MPAA (though they won't say this in court), this has nothing to do with copy prevention, but everything to do with the when, where, and how you watch a film you paid for. Obviously this is important to them or they wouldn't have dreamed up Region Codes.

      How the hell do you get to be a State Attorney General and not have the mental ability to see straight through this?

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
    5. Re:Again, you dont need DeCSS to copy a DVD by Anonymous Coward · · Score: 0

      So get rid of your DVD-General burner and get DVD-Authoring one. "Problem" solved and original poster still has his point.

    6. Re:Again, you dont need DeCSS to copy a DVD by winse · · Score: 1

      One could add that having DeCSS would enable you to rip a DVD and make a un-encrypted copy. In this respect it could be used for circumventing the copy protection.

      actually I think that is the very purpose that they are worried about. Bandwidth to trade encrypted vobs is prohibitive still (time money), but those college kiddies love their Divx. I think this is what they're pissed at.

      (as a side note, I know a guy that trades vobs because he likes having good copies)

      --
      this sig is deprecated
    7. Re:Again, you dont need DeCSS to copy a DVD by _xeno_ · · Score: 1
      Nevertheless I will risk the claim that 99.9% of the people using DeCSS is doing so to watch DVDs they have purchased for their hard earned cash.

      I disagree. Based on the sheer number of FAQs and utilities designed to allow "ripping" of DVDs, I would hazard a guess that maybe 20% of DeCSS usage is only for watching the disc. The remaining 80% are the people who create the DVD rips. I know people who would rent DVDs from the local video store and then rip them to their computer, to increase the GB shared so they could get into the bigger Direct Connect hubs. (That, and to "stick it to the man" or something. Whatever.)

      A lot of people here seem to write off piracy as being completely bogus, and that just plain isn't true. You do have to accept that piracy happens and that people are using DeCSS to accomplish it.

      Does this make it illegal? I don't think it should. I'm sure all of us have at one time or another seen the services of someone whose legal profession is creating breaking and entering tools. We call them "locksmiths" and they provide quite a useful service when you accidently drop the keys in the car and close the locked door. I mean, I even saw a show were this one guy managed to cut a new key for the ignition of an RV in under a minute based only on a blank and inserting it into the ignition. They then made off with this poor guy's RV.

      Well, actually, the poor guy had neglected to pay the loan, and so he no longer owned it, and the person "stealing" it really worked for the repo agency the lender had hired.

      It's all questionable anyway, and even though I do believe that piracy is a problem, I do not accept that it is really costing the industry billions. I know that I never would have bought the Boondock Saints without someone asking me to download it for them. I've got the DVD now (that it's been released in the US, which it wasn't when I "pirated" it). I can't stand DRM anyway. Ever since Epic Megagames released the patch that removes the CD check on UT2K3, I've been playing much more of it than before. It's a royal pain to go CD hunting to play a game. I'll accept having to swap CDs on a console, but not on a game that requires 2GB of harddrive space.

      I still have problems playing Blizzard games - they usually insist that I'm using a copied CD, even though I'm not. It's quite annoying, not being able to play a game I paid $60+ for, because it thinks I pirated it. (And not being able to return it, because it didn't decide it was pirated until after the return period was over.)

      Conclusion: yeah, DeCSS probably is being used as a utility to pirate videos. But I don't think that makes it right to go after the creators any more than I think we should lock up all the locksmiths because they have the skills required to break into my car. Even if people are pirating content, that doesn't make DRM any more palettable - it is usually used as a manner of control more than a manner to protect a work.

      --
      You are in a maze of twisty little relative jumps, all alike.
    8. Re:Again, you dont need DeCSS to copy a DVD by Kurt+Granroth · · Score: 1

      No, you don't need DeCSS to copy a DVD to another DVD.. but I wonder if that's what they (the smart ones, anyway) are really worried about. The MPAA complains about losing millions of dollars due to piracy. Where and how? I wouldn't have the first clue how to get a pirated DVD even if I wanted to.

      I think the key here is location. From what I've heard, most movie piracy at this scale is done in the Pacific Rim countries. And from my SVCD/VCD encoding days, I further remember that those two formats were very very popular in China and maybe Japan.

      Summarizing the facts:
      1. You don't need DeCSS to copy a DVD to a DVD
      2. DVD copies are (relatively) expensive
      3. SVCD and VCDs are cheap (media and player-wise)
      4. Pacific Rim countries are "hotbeds" of piracy
      5. SVCD/VCD are very popular in the the Pacific Rim countries
      6. DeCSS *IS* needed to recode a DVD to SVCD or VCD

      Conclusion:
      The MPAA isn't afraid of home users copying DVDs using DeCSS, they are afraid of mass re-encoding of DVDs into SVCDs for sale overseas. But since they are as jackbooted an organization as exists, they don't care that they step on home users on the way.

      Am I off base, here?

    9. Re:Again, you dont need DeCSS to copy a DVD by Sigurd_Fafnersbane · · Score: 1

      I might be biased by the fact that without DeCSS I would not be able to use any of my DVDs for anything more elaborate than as small frisbees.

      I would hazard a guess that maybe 20% of DeCSS usage is only for watching the disc. The remaining 80% are the people who create the DVD rips.

      I find it illogical that people should be more interested in ripping the DVDs than in watching them.

    10. Re:Again, you dont need DeCSS to copy a DVD by jedidiah · · Score: 1

      Lies, damned lies & statistics.

      The fact remains that any attempt at "respectable use" of DeCSS will get you SUED. Therefore, any conclusions that one may draw from characterizing the use of DeCSS are fundementally flawed. If Redhat could release a DVD player with it's distribution, plenty of people would be using it for that. If the DeCSS suit's hadn't happened, a wide variety of players would have quickly been developed.

      It's a self fulfilling prophecy. When you push a product under ground, it is far more likely that it will be used under ground.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    11. Re:Again, you dont need DeCSS to copy a DVD by _xeno_ · · Score: 1
      Yeah, but most people who have DVDs don't want to watch them on the computer. I play DVDs on my machine, but I do so without DeCSS - since I run Windows XP. Even if I didn't, I still have my PS2, which plays DVDs with TV output. Most people, I would imagine, fall into the category of using a DVD player to watch DVDs. A lot of people now have DVDs - they're better than VHS - but can play them legally on their DVD player or on their Windows computer.

      However, there are still a lot of DeCSS and similar (there's another CSS decryption program out there somewhere) for Windows, which rip the VOB files to the harddrive. It can then be easier to watch them if you have a flakey DVD-ROM drive, but that I doubt that's what they are used for. Especially since most of them also include methods of inputting the end results into various utilities that output AVI files through Windows codecs (most notably, DiVX codecs).

      It would be interesting to find out though. My post actually was referring to DeCSS derivitives - programs that contain either DeCSS but provided additional features (like a GUI), or programs that had the same functionality as DeCSS. I wasn't actually referring to DeCSS itself. (Not that I made that clear, my bad.)

      Who knows? I don't think there are that many Linux users out there that watch DVDs using Linux. I don't really know any users (anymore) who watch DVDs using Linux and when I used Linux, I rebooted into Windows to watch DVDs. (It was easier, at the time, due to the vast suckage of all Linux media players.) But I do know that there are a lot of people who actively rip DVDs and there is a community out there willing to explain how to do it.

      Then again, I'm a member of the "college piracy croud" that the (MP|RI)AA rails against so frequently, so my views may be colored...

      --
      You are in a maze of twisty little relative jumps, all alike.
    12. Re:Again, you dont need DeCSS to copy a DVD by Sigurd_Fafnersbane · · Score: 1
      Yeah, but most people who have DVDs don't want to watch them on the computer.

      But wont they need to watch the ripped of copies on a computer?

      I am using ogle for watching DVDs and I have no complaints. I dont have a windows license I can dual-boot into and I guess neither can most Solaris/HP-UX/AIX/SCO^h^h^hCMS users.

    13. Re:Again, you dont need DeCSS to copy a DVD by Lumpy · · Score: 1

      Nevertheless I will risk the claim that 99.9% of the people using DeCSS is doing so to watch DVDs they have purchased for their hard earned cash.

      yup or people like me that decrypts the entire DVD so I can change the VOB files and re-write it back to a DVD-R so I can WATCH that region 4 dvd on my region 1 dvd player.

      DVD content companies are complete jerks for using that region crap.

      My biggest question is why dont we have a lawyer from the EFF that has the balls to tell the judges that the other side is boldly lying to them?

      "you honor, they are boldly lying to you. CSS is not a copy protection, it is content control to keep YOU from viewing a DVD made for europe. and a DVD can easily be copied without this DeCSS tool or any decryption whatsoever. I reccomend the court thorw out the case based on their constant lying to the court in order to manuipulate your honor."

      we need lawyers with balls, not the spineless cockroaches that mack up the lawyer population.

      --
      Do not look at laser with remaining good eye.
    14. Re:Again, you dont need DeCSS to copy a DVD by angle_slam · · Score: 1
      However, there are still a lot of DeCSS and similar (there's another CSS decryption program out there somewhere) for Windows, which rip the VOB files to the harddrive.

      Great point. I wonder if all the "DeCSS is used for Linux" people would be happy if DeCSS was allowed for Linux, but not for OS X and Windows.

    15. Re:Again, you dont need DeCSS to copy a DVD by Alsee · · Score: 3, Informative

      I don't have any idea what a professional DVD burner would cost.

      With all of the competing formats it's a real pain to search out the proper drives. You need a drive that can write DVD-R(A). The A stands for authoring. I don't have a price quote on them, but I'm pretty sure these drives can be had for under $1000 now. There are cheap drives around $100 to $200 that claim "authoring", but it's hard to verify whether or not they actually support DVD-R(A).

      Any time you see DVD-R it generally actually means DVD-R(G). the G stands for general. The (G) discs are crippled in that one of the sectors is destroyed. I really hate industry conspiracies that cripple products. There is no reason to ever buy a disk with a destroyed sector over an un damaged disk. Yet no manufacturers sell undamaged DVD-R(G) disks. Everyone buys damaged disks because that's all that's on the shelves.

      You need to get DVD-R(A) disks. These use a different dye that can't be recorded on by "ordinary" DVD burner lasers. They are usually a several dollars a piece because very few are made/sold. I did once come across a dozzen or so on e-bay for under a dollar each.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    16. Re:Again, you dont need DeCSS to copy a DVD by drinkypoo · · Score: 1

      I have noticed that there are now CDR drives which can write subcode/ECC, and they are readily available. It seems like most drives will do this now. Is writing to track 0 covered by CSS somehow and thus protected by DMCA, or will we eventually see DVD burners which can write to track 0?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    17. Re:Again, you dont need DeCSS to copy a DVD by geekoid · · Score: 1

      "How the hell do you get to be a State Attorney General and not have the mental ability to see straight through this?"

      becase not enough people in the know bother to write the representives to tell them. It is The Apathy of Nerds(c). People need to get off there ass and get involved. Sure, it means less time doing what you love, but if you don't there will come a time when you can't do what you love.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    18. Re:Again, you dont need DeCSS to copy a DVD by Nom+du+Keyboard · · Score: 1
      In this respect it could be used for circumventing the copy protection.

      WRONG! It could be used for circumventing region encoding restrictions, not copy protection (i.e. preventing the making of exact copies).

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    19. Re:Again, you dont need DeCSS to copy a DVD by Anonymous Coward · · Score: 0
      ..copy the vob file to your HDD and play it back with powerdvd or other licensed DVD playback software.

      Can anyone point me to a good "how to" this? I am not looking to make the files smaller or a different format I just want to watch off my hd.

    20. Re:Again, you dont need DeCSS to copy a DVD by Anonymous Coward · · Score: 0

      Not true. In order to copy a DVD you need a completely blank DVD. It is not possible to purchase blank DVD's that don't have the key area pre-written with 0xff's.

      Although you can copy 99.99 percent of the content, the DVD will not play unless you have the key area copied as well.

      I'm not defending the MPAA, I'm simply pointing out a fact that you need DeCss to make a watchable DVD copy in most countries

    21. Re:Again, you dont need DeCSS to copy a DVD by Unregistered · · Score: 1

      No, they get a cut of every dvd player (software or hardware) sold. They don't get a cut of DeCSS. Therefore they don't like it. It's that simple. CSS only exists so they can tax dvd players.

      How the hell do you get to be a State Attorney General and not have the mental ability to see straight through this?

      Bribery can lower teh IQ by over 120%.

    22. Re:Again, you dont need DeCSS to copy a DVD by Kjella · · Score: 1

      I don't have any idea what a professional DVD burner would cost.

      FYI, about 30,000 NOK or 4,500$.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    23. Re:Again, you dont need DeCSS to copy a DVD by Anonymous Coward · · Score: 0

      1) put in dvd
      2) copy .vob file to your hdd
      3) open it in powerdvd (in file mode) like it was an avi or mpg file.

    24. Re:Again, you dont need DeCSS to copy a DVD by kfuq · · Score: 1

      ffmpeg -i snatch_1.vob -f avi -vcodec mpeg4 -b 800 -g 300 -bf 2 -acodec mp3 -ab 128 snatch.avi not hard at all... even in the instructions.. :P

      --
      iF yOu WAnT to C YOUr iP agaIn gAThEr tWO MilLIon dOLLArS IN Non - cONsEcuTivE TweNtY's AnD AWaiT FuRThER iNstrUctIoN
  13. Slim Jims by L.+VeGas · · Score: 4, Insightful

    I can buy slim jims at my local auto parts store.

    1. Re:Slim Jims by FroMan · · Score: 2, Funny

      Yeah, we all know slim jims are only used for nefarious purposes. I mean, their advertising is totally reeking of it. "Break into a slim jim" and you have a huge muscular guy who is a wrestler (which coincidentally looks like a thug) who shouts that phrase. I'd have to say slim jims should be illegal. Regular beef jerky for everyone. None of that sausage crap.

      --
      Norris/Palin 2012
      Fact: We deserve leaders who can kick your ass and field dress your carcass.
    2. Re:Slim Jims by sean23007 · · Score: 2, Funny

      I can buy Slim Jims at my local gas station.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
  14. Fuck you, Lockyer. by sulli · · Score: 2, Insightful

    California consistently votes Democratic and we get this? Okay, he's sucking on the teat of Hollywood, but still.

    --

    sulli
    RTFJ.
  15. So that's how... by krystal_blade · · Score: 1

    those bastards got into my house and stole my Do It Yourself Masturbation Kit (tm).

    They used DECSS!!!

    Wait a minute...

    krystal_blade
    (I really don't have one of those kits that come in a blue box... Really...)

    --
    It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
    1. Re:So that's how... by TheRaven64 · · Score: 3, Funny
      those bastards got into my house and stole my Do It Yourself Masturbation Kit (tm).

      They stole your hand? That's got to hurt...

      --
      I am TheRaven on Soylent News
  16. So what? by arth1 · · Score: 2, Insightful

    A crowbar, a credit card, a bottle opener and a screwdriver are also burglary tools, but the legitimate uses are real, which is one darn good reason why the tools are available to the public.

    Same with DeCSS -- you can use it to facilitate illegal copying, or you can use it for legitimate purposes, like creating backups, viewing the media on devices lacking a built-in DeCSS equivalent, copy short excerpts you are entitled to for journalistic or educational purposes under fair use, or exercising your public right to copy the works once the copyrights expire.

    1. Re:So what? by corbettw · · Score: 2, Insightful

      "Same with DeCSS -- you can use it to facilitate illegal copying, or you can use it for legitimate purposes, like creating backups, viewing the media on devices lacking a built-in DeCSS equivalent, copy short excerpts you are entitled to for journalistic or educational purposes under fair use, or exercising your public right to copy the works once the copyrights expire."

      The problem with this is that it can be argued you don't need DeCSS do any of this. Let's look at each one, one a time.

      Creating backups: The MPAA and DVD publishers can argue that you do not have the right to make "backups", which are really just copies of their content. You can't make a "backup" of a book, same thing with a movie or TV show.

      Viewing on non-CSS compliant devices: It can be argued that these devices are not properly licensed, therefore viewing DVDs on them is illegale according to the terms of the contract you have with the DVD publisher (see my previous comment).

      Fair use copying by journalists or students: Most providers will provide at no or little cost (usually just the shipping cost) excerpts of their content for editorial purposes. It may not be as convenient to write to a publisher for excerpts, but since they provide an alternative this use doesn't have much of a leg to stand on.

      Copying works after copyright expires: Haa-ha-ha-ha! Copyrights expire?? Yeah, right. <wipes tears of laughter from eyes> Seriously, though, when the copyright on a work expires, the previous holder of that copyright is under no legal, or moral, compulsion to make it easy, or even possible, for you to make copies of the work.

      You might think DeCSS is a harmless tool that only allows people who have legimately purchased content to view that content, and I'm even inclined to agree with that, but the truth is there's no way you can spin it to win in court. Every "legimate" use of DeCSS can be too easily countered in front of the judge.

      --
      God invented whiskey so the Irish would not rule the world.
    2. Re:So what? by An+Audience+of+One · · Score: 1

      Seriously, though, when the copyright on a work expires, the previous holder of that copyright is under no legal, or moral, compulsion to make it easy, or even possible, for you to make copies of the work.

      No, but the law should make it illegal to do it. They don't have to make it possible - but if we manage anyway we're allowed. I don't mind companies making it hard for me to do something (well, I'll have an issue with the company, and complain about *them*), but the government should be supporting *my* right to make such a copy, not supporting them at stopping me.

  17. Re:I say.... by tomhudson · · Score: 1
    We should get a P2P DDOS type of program going, get everyone on the current P2P apps to sign up for it, and assassinate the the major recording label companies 1 by 1. </quote>

    Nah ... the RIAA keeps chainging their web hosting co - 4 times since november and it's now being run by - get this - an accounting firm.

  18. I love this "logic" by st0rmshad0w · · Score: 2, Insightful

    Ok, so DeCSS is a "buglary tool", fine. And its not legal to make a "buglary tool"? Riiight. If that's the case, then why stop there? How many languages has this thing been written in? Start outlawing the languages because you can make "buglary tools", hell, why stop there, just get rid of computers! Or wait, I have it! Eliminate all traces of human thought, seems to be working well for the California AG.

    1. Re:I love this "logic" by aug24 · · Score: 1

      I understand the Copyright Act part, but wtf is a 'Digital Millenium' anyway?

      Hmmm... 1000... is it, like, eight?

      J.

      --
      You're only jealous cos the little penguins are talking to me.
    2. Re:I love this "logic" by Anonymous Coward · · Score: 0

      digital millenium = buzzword. that's why DMCA is so stupid. because buzzwords are only used by stupid people.

  19. Politics, duh. by mjmalone · · Score: 3, Insightful

    "Lockyer, who's gearing up to run for governor next year, appeared on the side of the DVD Copy Control Association"

    Of course he is on the side of the DVD Copy Control Association, he is on the side of the movie studios... They have deeper pockets and are more likely to win him the election then the technogeeks in silicon valley's burst bubble...

  20. Logical Conclusion by cybermace5 · · Score: 4, Insightful

    Computers are a tool for burglary, let's ban those.

    --
    ...
    1. Re:Logical Conclusion by Cyno · · Score: 1

      Memory is a tool for piracy. Let's force everyone to take drugs that disable the hypocampus whenever we encounter copyrighted information.

    2. Re:Logical Conclusion by dissy · · Score: 1

      > Computers are a tool for burglary, let's ban those.

      Sad part is, if you look at whats been happening over the past few years, computers _are_ being banned, one function at a time :(

    3. Re:Logical Conclusion by Billly+Gates · · Score: 1
      Well Microsoft agrees and is developing palladium for this reason.

      Then afterwards real computers not crippled will be a tool for piracy so we can ban them.

  21. Number of daily downloads by BigGar' · · Score: 2, Insightful

    From Yahoo News:
    However, in one indication of the money that is at stake, Lockyer cited estimates that as many as 350,000 movies are illegally downloaded from the Internet every day.

    Does this even sound reasonable?
    If each move filled a cd at 700MB then they're claiming that 245TB of movies are downloaded on a daily basis. That seems a tad high to me.

    --


    Shop smart, Shop S-Mart.
    1. Re:Number of daily downloads by X-Dopple · · Score: 1

      It sounds reasonable, considering that some 4M people are using Kazaa right now, I'd think that a fair portion of those are downloading movies.

    2. Re:Number of daily downloads by stratjakt · · Score: 3, Insightful

      Worldwide?

      Take all the irc channels, ftp pubs, kazaa, usenet. Say 1000 sources with 350 downloads per day.

      It sounds about right. No doubt he also includes legitimate downloads like divx.com in his math.

      Also realize, though that 99% of that is porn. The number gets pretty realistic, conservative even.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:Number of daily downloads by Anonymous Coward · · Score: 0

      its probably also reasonable to assume that most of those people are university students. mine throttles kazaa to the point that it might take 2/3 weeks to download a movie (of course now that its summer, goes much quicker)

    4. Re:Number of daily downloads by eet23 · · Score: 1

      If someone has a 24x CD burner, they're actually downloading 24 movies. Or was that the RIAA? I forget.

    5. Re:Number of daily downloads by Inda · · Score: 1

      Over a million on the eDonkey network and over 50 P2P clients last time I checked. The number is shy I think.

      Compare that to the 9.6 million British people who watched "The Mask of Zorro" for nothing on a Thurday in December 2001, this is a small silly number. [Source]

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    6. Re:Number of daily downloads by Anonymous Coward · · Score: 0

      Why would multiplying it out give you more grasp on the estimate? It doesn't, almost no one can conceptualize a huge number.

      Why not imagine n people downloading one movie every m days on average, with n/m = 350,000? That's something we can conceptualize.

  22. When will someone call their bluff by Anonymous Coward · · Score: 0
    Get one of the DVD copiers that pirates use.

    Bring it to court.

    Show that all the damn thing does is a bit-for-bit copy and that DeCSS is completely unrelated to the problem of piracy.

  23. Way to go, Slashdot! by Anonymous Coward · · Score: 0

    Just link to CSS/Auth in the article text, why don't you. No one ever reads Slashdot, the MPAA will never find out :-)

  24. Just for my info... by emo+boy · · Score: 0

    I'm curious if anyone knows what kind of increase in revenue the legal industry has been receiving in the last 5-10 years. With all this litigation over copyrights and piracy it seems to me it won't ever go away. Not with this kind of attention and with this kind of opportunity to make money off of it.

  25. Key Picks by Anonymous Coward · · Score: 0

    Someone was selling key picks at the dayton hamvention. Couldn't demo them, but they could be sold.

    1. Re:Key Picks by Anonymous Coward · · Score: 0

      The laws on lock picks vary from state to state, IIRC in some states anyone can own them and use them as long as it's not in the commission of a crime, while in some states, it's a violation to even have them if you are not a bonded Lock Smith, with jail time and fines if your found with them.

  26. CSS doesn't control Piracy by More+Trouble · · Score: 5, Informative

    If you want to "pirate", aka make unauthorized copies, of a DVD, just image it. CSS doesn't hinder you one iota. That's not what it's for. It's for forcing users to use licensed players. And, more over, it's to force users to obey region encoding. Neither of these have anything to do with movie's intellectual property.

    :w

    1. Re:CSS doesn't control Piracy by Malc · · Score: 1

      "it's to force users to obey region encoding"

      Hollywood seems to be synchronising their international releases more and more which makes this excuse rather meaningless.

    2. Re:CSS doesn't control Piracy by Anonymous Coward · · Score: 0

      They're also editting their international releases more and more. Removing scenes from Pearl Harbour and Saving Private Ryan for German and Japanese release - so that the Krauts and Japs don't look like bad guys.

      Or just not releasing certain films at all.

      And it's not just Hollywood, I thought you nerds all had boners for whatever Japanimation drivel comes out.

    3. Re:CSS doesn't control Piracy by drinkypoo · · Score: 1
      Hollywood seems to be synchronising their international releases more and more which makes this excuse rather meaningless.

      However they still price different-region releases differently.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  27. I am happy! by Karamchand · · Score: 1

    ..not to live in the USA. And that's not anti-US. It simply means that some parts of the US' judicial system don't fit together with my point of view which are very important to me. Therefor I am glad to live in a country which judicial system is more compatible with mine.

    1. Re:I am happy! by Anonymous Coward · · Score: 0

      It is not the judicial system that is the problem in this case (not yet at least). It is the legislative branch and its dumbass laws that need to be taken to the Supreme Court and shot down. I am happy to be in the US because it theory we have checks and balances.

  28. here's my answer to him by scubacuda · · Score: 1

    g++ burglarytool.c
    ./a.out

    1. Re:here's my answer to him by Anonymous Coward · · Score: 0

      obviously, you've never gotten laid

  29. I've always said: by cavemanf16 · · Score: 2, Funny

    If the RIAA and MPAA don't want to let their movies and music get copied, then simply don't distribute it enmasse to untrusted sources via 8-track, cassette tape, LP, CD, CD-ROM, DVD, etc! It's as easy as that!

    Oh, wait... no one wants to go spend $20 to take themselves and a significant other to the movie theatre for one showing of "The Hot Chick," but they'll rent it or buy it on DVD for the EXACT SAME PRICE for multiple viewings? Guess my idea of "customer value" should have been thrown out a long time ago along with my ideas that are counter-culture to the new socialism: Sue companies to get rich!

    Silly me.

  30. He's a whore for Big Entertainment by John+Jorsett · · Score: 2, Insightful

    Bill "Nightschool" Lockyer is so set on being governor of California that he'll not only carry the Entertainment industry's water, he'll draw it a warm bath and tuck it in bed. Entertainment makes lots of political donations in California.

  31. No problem here... by Anonymous Coward · · Score: 0

    ...when I'm not allowed to watch my DVD's, I'll just turn to DIVX and SVCD.

    No, I don't give a damn about menues and higher resolution you'd only see if you're eyes are 10cm from the screen. I'm not allowed to see them anyways.

  32. decss.c by Anonymous Coward · · Score: 0

    Argh, WinZip couldn't open that gzipped tar file. Cripes!

  33. Its a necessary tool. by haystor · · Score: 3, Insightful

    The argument needs to be made that the tool is necessary to provide backups of data as the physical media will deteriorate before the copyright expires. After all, the purchaser has a license to the copyright material its not just physical ownership of the disk.

    Of course the MPAA could argue that copyright expiration is so far in the future that any consideration of post-expiration is ridiculous. And I might agree.

    --
    t
  34. The Boston Strangler Returns by Effugas · · Score: 4, Insightful

    "I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone."
    --Jack Valenti, head of the MPAA, in congressional testimony.

    Who's burglarizing who? I buy a car, I get the keys. Ford doesn't have the right to tell me where I can drive; I bought the car, and I bought its keys. If they come in and take the keys away from me, am I not the victim of burlary?

    Too much intellectual property handwaving. Sellers don't have authority over buyer's uses, as some rather racist folks in whitebred towns discovered as their old homes were bought up by upwardly mobile *gasp* minorities.

    --Dan

    1. Re:The Boston Strangler Returns by Cyno · · Score: 1

      I think the very concept of a minority is wrong. It implies that there are different groups of people. If we are all human, all the same race, then doesn't this sort of rhetoric lead to segregation and discrimination, even subconsciously?

      We are human and we are the majority.

  35. "Consistently voting Democratic" by Anonymous Coward · · Score: 0
    Wake up, folks.

    It's the Democrats who brought you DMCA. It's the Democrats who want to bring you CDTBPA.

    And it's consistent with their philosophy of government - use the power of the government to bring about results that we - the Democrats - think are the best - for all of us.

    Such as using the power of the government to protect the outdated business model of an industry that gives them lots of $$$.

  36. He must have missed some of his law classes by mocm · · Score: 2, Insightful

    when he confuses copyright infringement with burglary and theft. This is an alarming show of incompetence by this attorney general.
    His incompetence in IT matters could have been excused, but seems to be on the same level.

    --
    ***Quis custodiet ipsos custodes***
  37. Actually, you got my point exactly... by Nu11.org · · Score: 2, Insightful

    It wasn't meant as a flame against guns. It was meant as a flame against hypocrisy.

    Null

  38. Confusing Burglary with Circumvention by Anti+Frozt · · Score: 4, Interesting

    Mr. Lockyer seems to be confusing the act of Burglary with that of Circumvention. DeCSS is not a tool for stealing or copying DVDs, but a tool for decoding a DVD for use in a DVD player, i.e. one created for Linux.

    This would be like accusing someone who breaks into a car, but doesn't take anything, of grand theft auto. I think Mr. Lockyer needs to spend a few more years in Law School or at least read over the criminal legislation.

    --
    In C++, friends can touch each others private parts.
    1. Re:Confusing Burglary with Circumvention by Des+Herriott · · Score: 1

      This would be like accusing someone who breaks into a car, but doesn't take anything, of grand theft auto

      Even that's a poor analogy. It's more like selling your own fuel for a given make of car, and getting accused of grand theft auto by [insert fuel company here].

      What DeCSS allows you to do is watch a DVD on hardware which hasn't been blessed by the DVD-CCA.

    2. Re:Confusing Burglary with Circumvention by Anti+Frozt · · Score: 1

      What DeCSS allows you to do is watch a DVD on hardware which hasn't been blessed by the DVD-CCA.

      Exactly. Breaking into a car is circumventing protection methods, in this case, a car lock. Stealing the car is something completely different.

      However, fair use comes into play when the object in question (DVD, car) is your own property. The analogy is correct, there are just certain circumstances in which it holds a slightly different meaning.

      --
      In C++, friends can touch each others private parts.
    3. Re:Confusing Burglary with Circumvention by wurp · · Score: 1

      This would be like accusing someone who buys a car, gets home and realizes that the keys don't fit unless they wear special patented gloves they don't own, and then breaks into their own car.

  39. The irony, as they say, is priceless. by janda · · Score: 4, Interesting

    The advertisement I got when I come into the comments page was for the Intel C++ compilter.

    If DeCSS is a burglery tool, Intel, Microsoft, and other assembler/compiler makers should be charged with "aiding and abetting".

    --
    Karma: Food Fight (Mostly affected by Date Plate).
    1. Re:The irony, as they say, is priceless. by olethrosdc · · Score: 1

      This is not funny. Soon, compilers for low-level languages may be illegal.

      --

      I miss my rubber keyboard.(Homepage)

    2. Re:The irony, as they say, is priceless. by TheDanish · · Score: 1
      as helloworld.s

      Error: Illegal operation. That's 'as', not your stupid Hello, World program you're trying to assemble. Get with the times. At least use C#, dude. You embarrass us both. Try it again and I'll forward your keystrokes for the past five months to the FBI. Just remember how easy it is to forget to delete history that may or may not connect you to some certain ildche 0npre.
      Sorry. That's what I thought when I saw that. I mean, I'm really sorry. That was a pretty stupid joke...
      --
      Danish != nationality
  40. Cease and DeCSS by flagweb · · Score: 1

    This ruling will have serious consequences throughout the web and programming communities.

    It will open up the flood gates if the ruling is in favor of the defendant. OR it will cause many more court cases and innocent prople jailed if the prosecution wins.

    --
    Ernie Dambach
    "It is no small thing to celebrate a simple life -Tolkien
  41. DeCSS? by Anonymous Coward · · Score: 0

    I don't care about this DVD DeCSS shit. I watch only screeners andf pirated movies :)

    Another triumph of piracy!

  42. Not a PIRACY tool at all by horace · · Score: 2, Interesting

    Am I right in thinking that there is no need ot use a tool like DeCSS to copy a DVD? I believe you can just make a bit for bit copy of the DVD which is less likely to alarm the punters.

    There are contantly stories mentioning DeCSS and file sharing in the same breath as piracy. While both may be in conflict with the law they are quite different and everything should be done to explain the differences between the two. ie

    File sharing/DeCSS = personal, between friends, not for profit.

    Piracy = for profit, doesn't use MP3s, doesn't need DeCSS, run by gangsters

    The case against the latter is much stronger and more legitimate. Confusion between the two is very damaging and widespread.

    DeCSS just overcomes a measure designed to reduce free trade in DVDs to allow the maintenance of differential pricing and irritate peole who travel a lot.

    1. Re:Not a PIRACY tool at all by praedor · · Score: 2, Informative

      To VIEW your DVDs on your computer generally requires decryption software to view it. THIS was the main reason DeCSS was written, remember? So that people could watch the legally purchased and owned DVDs on their totally legal and legit linux systems.


      Copying is also legal and legit for backup purposes. Period. This you CAN do with the correct burner in bit-by-bit manner but such are not in general custody of most users. Copying is peripheral to DeCSS in the first place, just FUD-talk by MPAA criminals and their mob lawyers.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    2. Re:Not a PIRACY tool at all by cavemanf16 · · Score: 1

      I know of at least some lawyers in training (i.e. at law school currently) that would argue just as you do, which is good, because some future lawyers do not see DeCSS as a tool for piracy, simply a tool to let me watch a DVD on an OS that's not been "commissioned" by Hollywood (i.e. *BSD's, Linux, etc).

  43. bad chemistry joke by scubacuda · · Score: 1
    Windows Security: The oxymoron for the new millenium.

    Isn't an oxy-moron just a flaming idiot?

    1. Re:bad chemistry joke by sulli · · Score: 1
      Isn't an oxy-moron just a flaming idiot?

      No, a dumbass with acne.

      --

      sulli
      RTFJ.
  44. What? by Anonymous Coward · · Score: 0

    Yeah, just because you post on Slashdot doesn't mean that 1/2 is 3!

    Just because A is the first letter of the alphabet, doesn't mean that Apples are green!!

    I figure that those two make about as much sense as your analogy. What you wanted was:

    Just because you have the right to own a gun doesnt mean you can kill other people. Just because you have a copy of DeCSS doesn't mean you can use it.

    Which doesn't make much sense either, but at least the analogy is correct.

    1. Re:What? by Anonymous Coward · · Score: 1, Funny

      Just because A is the first letter of the alphabet, doesn't mean that Apples are green!!

      Of course, as any Randroid will tell you:

      A is A!

  45. Somebody ought to check the calendar by John+Jorsett · · Score: 1

    "Lockyer, who's gearing up to run for governor next year, appeared on the side of the DVD Copy Control Association"

    Governor Davis was elected last year to a 4-year term, so that means Lockyer won't be running until 2006 at the earliest. Unless someone is anticipating that the petition to recall Davis is going to be successful, in which case the recall election would be anywhere from September 2003 - March 2004, depending on when the last signatures are turned in.

    1. Re:Somebody ought to check the calendar by Anonymous Coward · · Score: 0

      Hey, my wife and I signed that petition the other day. They're estimating 1.2 million signatures by July (900k required). Davis is a fucking wanker and needs to go. Then again, I hate both major parties about equally, so I'd sign a petition to oust them all. :)

      Partisan politics has destroyed a once great nation. Along with a lot of other bullshit (lobbyists, etc), but that's the biggie.

  46. Good point. by sulli · · Score: 1, Flamebait
    And it's the Republicans who bring us Ashcroft, Guantanamo, and USA PATRIOT. We really can't win.

    It's truly appalling.

    --

    sulli
    RTFJ.
    1. Re:Good point. by Anonymous Coward · · Score: 1, Insightful

      Holy shit somebody just had an epiphany. Both parties suck. I laugh at people who bash Bush and say he shouldn't be President because all I have to say is "Would you rather have Tipper Gore in the White House?"

    2. Re:Good point. by JJahn · · Score: 4, Insightful

      Unfortunately, both the Democrats and Republicans brought us the PATRIOT act.

    3. Re:Good point. by Dante333 · · Score: 2, Informative

      And the DMCA. It passed 99-0 in the Senate back in 1998.

    4. Re:Good point. by ryanwright · · Score: 1

      Democans, Republicrats. They're just a different breed of evil.

      I have a coworker who changes his vote to the party that has less power at polling time. He says, "If we can keep the power balance as close to 50/50 as possible, nobody will get anything done, thus, they won't be able to screw with my life."

      He has a good point.

      --
      -Ryan, with the unoriginal sig
  47. Unrelated comments? by 91degrees · · Score: 2, Funny

    "The program DeCSS is a burglary tool," Lockyer told the judges, adding that the movie studios lose millions of dollars because of piracy over the Internet.

    Do those statements have anythiong to do with each other? how about this one - "Cheese is smelly and horrible", says Bob Blob, adding that millions of people worldwide are starving.

  48. Piracy is such a harsh word by scubacuda · · Score: 5, Funny
    I prefer to call it

    (hand over one eye)

    ARRRRRR-chiving!

    1. Re:Piracy is such a harsh word by TheRaven64 · · Score: 4, Funny

      Hi, maybe I can help you. I run an offsite backup service, tailored for your DVD backups. If you send me a backup copy of your DVD collection, then I will store it for you, free of charge...

      --
      I am TheRaven on Soylent News
  49. Don't panic. by grub · · Score: 4, Funny


    It's only a matter of time before SCO decides they own the rights to all motion picture technology and tries to sue the RIAA.

    --
    Trolling is a art,
    1. Re:Don't panic. by Anonymous Coward · · Score: 0

      s/RIAA/MPAA/g

    2. Re:Don't panic. by Lord_Slepnir · · Score: 1
      Take this one step further: We simply tell the **AA that SCO Linux is a 'Piracy tool' since you can rip DVDs, Encode DVDs, Decode DVDs, and play these rips on them. The ensuing battle will be like the Eastern Front in WWII.... a sink hole for manpower that produces no results, effectivly immobailzing both competitors.

      The scene, MPAA headquarters
      Janitor: Why are you all still working? It's 4am.
      Lawyer: If we don't round up at least 20 college students by tomorrow morning, we'll get sent to the SCO front!

  50. Not purchase: license by John+Jorsett · · Score: 2, Informative

    Who's burglarizing who? I buy a car, I get the keys. Ford doesn't have the right to tell me where I can drive; I bought the car, and I bought its keys. If they come in and take the keys away from me, am I not the victim of burlary?


    The industry's point of view (and backed up by law) is not that they've sold you something, but that you've bought a license. Which means that they get to tell you the terms by which you can use it.

    1. Re:Not purchase: license by Effugas · · Score: 4, Interesting

      It's not as backed up by law as you think it might be, or there wouldn't continue to be fights about Right of First Sale that the industry kept losing (i.e. sales of used CDs and DVDs.)

      The industry can think what they want; the moment they put their product in a retail outlet, apply sales tax appropriate for a consumer good, and advertise using slogans like "Buy it today!" (Blockbuster), they sold it.

      Imagine if every purchase you made came with a list of conditions. Imagine how often you'd ignore that list.

      --Dan

    2. Re:Not purchase: license by idlethought · · Score: 2, Interesting

      No license agreement signed, no license agreement visible before purchase. No license agreement. If someone wants to sell me something with additional terms they need to tell me before I buy it. So where on a region 1 DVD does it say "You are only licensed to play this DVD within North America or on a Region 1 licensed DVD player"?

    3. Re:Not purchase: license by Anonymous Coward · · Score: 0

      That argument is fine provided the licence terms are clear, legal and fair. Which they generally are not. When was the last time you receieved a licence agreement with a DVD? If the content is licenced to you, then is that licence purpetual? If the media becomes damaged, do the liceners have an obligation to replace it so that you can continue to use the content that you have a licence for?

      No. The media companies treat it as a licence or a sale as it suits them. Licence terms like those would be rejected by any sane individual if they were written.

    4. Re:Not purchase: license by Poeir · · Score: 3, Funny

      Hey, great! I can't find part I of my Fellowship of the Ring DVD, I think it was lost during the move, where do I send for another piece of media so I can still use my license?

      --
      Sigs are like bumper stickers.
    5. Re:Not purchase: license by Rude+Turnip · · Score: 1

      The reality of the matter is that you bought a product *not* a license. When you buy something in a retail transaction, you own it - period. You can't distribute copies of it to other people, but otherwise you can do what you please.

      There are legitimate licenses for IP, I see it in my business. But in all of those cases, you're dealing with actual contracts, signatures, etc. and the substance of the transaction in those cases is clearly not retail, unlike buying a DVD.

    6. Re:Not purchase: license by Geekboy(Wizard) · · Score: 1

      On the back of most of my DVD cases.

      "This DVD is licensed only for viewing in Canada, and the United States"

    7. Re:Not purchase: license by JeffTL · · Score: 1

      I have never seen a license agreement on any DVD; all I have seen is the FBI warning about illegal display and duplication. Nothing about not decrypting them for Linux. If I own a disc and no license is presented --even after sale-- then I have all rights not prohibited under copyright law. I see nothing in copyright law to prevent me from using decryption, if necessary, to use whatever means necessary to access the content for which I have paid. Though, of course, I have always used Windows 98 or XP for DVD purposes, unreliable as they are, and more importantly given the nature of this post, I am not a lawyer and there may be one mor more legal errors in this post.

    8. Re:Not purchase: license by idlethought · · Score: 1

      Unless you've cut it short it says nothing about 'region 1'

      Since it's legal to move the players about and decss allows me to watch a region 1 film in the US on a region 2 player. (which doesn't breach the DVD license) CSS doesn't enforce the license, and obstructs use in accordance with the license.

      Assuming the license stands the quote you have is a claim, not a license agreement.

    9. Re:Not purchase: license by Geekboy(Wizard) · · Score: 1

      I'm sure it does say something about region 1 players. I'm at work, and can't check. I don't give a rat's ass anyways, I'll watch the movies wherever I am, and will mod all of my players to be region free.

    10. Re:Not purchase: license by cgenman · · Score: 1

      The industry's point of view (and backed up by law) is not that they've sold you something, but that you've bought a license. Which means that they get to tell you the terms by which you can use it.

      Try convincing your friendly local computer store that you disagree with the click-through license of the software you have bought and therefore have every right to return it, opened, for a full refund, as per the agreement in the license. Except for Frys (who will take anything back), I haven't had any bites.

      The industry is a bit delusional about the enforcibility of unreasonable conditions of the licenses they sell, and many don't hold up in court for that very reason. Contract law is not black-and-white, but requires the active participation of both parties and is more enforceable the more compromise is involved.

      And BTW, Ford still owns the copyright on the car you purchased. You can't duplicate the artistic expression parts of the design without Ford's permission*. But the courts have upheld your right to export that vehicle and sell it elsewhere. If Ford suddenly decided that they wanted regional protection on their cars so that subsidiaries wouldn't be competing with eachother, the courts probably wouldn't uphold such a clause.

      Despite what the industry might want you to believe, you HAVE bought something physical in addition to the license, and the rights granted to you by the industry are those rights which the industry has legal control over. Additional conditions, whereby the user gives up rights (such as the right to complain about a product without the company's permission) have largely been struck down in court.

      Before you know it, we'll have "sticker through" licenses on fruit, saying that you can only eat this fruit on fine Corningware(tm) brand dinnerware.

      *Doesn't apply to boat hulls except in Florida. Don't ask me.

    11. Re:Not purchase: license by Amazing+Quantum+Man · · Score: 1

      The industry's point of view (and backed up by law) is not that they've sold you something, but that you've bought a license. Which means that they get to tell you the terms by which you can use it.

      WARNING: the following is a straw man

      BEGIN SAMPLE AD
      Get [Disney's video of the month] on DVD! Own it today!
      END SAMPLE AD

      Now, the actual wording of the ads is different from above, but they never say "license it today!" It seems that either we own the disk, or there's a very heavy false advertising suit that can be filed against any MPAA member that sells movies on DVD.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    12. Re:Not purchase: license by CaptainCarrot · · Score: 1

      Not exact wording, but you're close. And they very often do use the word "own". I think I've more often heard, "Now you can own [insert movie title] on DVD!" with "own" emphasized by the narrator. If they didn't really mean it, they're faking it real well.

      --
      And the brethren went away edified.
  51. MOD Raven's Post UP!!! by krystal_blade · · Score: 1

    He "gets it"

    where it=joke

    krystal_blade

    --
    It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
    1. Re:MOD Raven's Post UP!!! by Anonymous Coward · · Score: 0

      You are one entirely unfunny motherfucker.

  52. A huge piece of what's wrong with our legal system by reverendG · · Score: 5, Insightful

    I think that a huge piece of what's wrong with our legal system is the blurring of facts, charging issues with emotion, and obscuring real issues. By saying things like "burglary tool", Lockyer is taking a piece of software and equating it with something the violates the security of an everyday middle class citizen. Admittedly, this is exactly how you should sway a jury in today's legal system. This is also why today's legal system is so fsck'd up.

    The truth of the matter is that DeCSS is no more a burglary tool than a Dremel tool, and a middle class jury, who doesn't sit on media corporation boards, isn't going to give a damn about this case. The only way to make them care is to charge the issue with the illusion that someone is going to be "breaking, entering, and stealing" into their house to abduct their kids.

    Unfortunately, although Lockyer is successfully relating the issue to something that the jury may be able to comprehend, he's also hopelessly obscuring the truth, and most middle class people aren't going to know the difference between a codec and a hole in the ground, so they aren't going to be able to discern the deliberate obfuscation.

    Judges should be educated about technology before trying cases like this, and then prevent counsel from either side from making misleading statements like this. This would greatly even the playing field in the legal arena, and probably stop many of the misinterpretations of the DMCA. If all judges who deal with technology could be educated to at least being literate with the terminology, they would be able to dismiss legal actions that try to use the DMCA in a way that it wasn't intended (if there is such a thing).

    --

    Why should I argue rationally with someone being irrational? I'll just mock them instead.
  53. Foolish analogies by undone9 · · Score: 0, Flamebait
    I can sum up half the posts so far as follows:

    "I have this pencil which can also be used to commit a crime. The goverment ought to outlaw that, by the same logic they use in DeCSS. Now we don't have pencils! The goverment sure is stupid!"


    Okay kids, now I'm not a fan of the way IP is handled in the US either. But seriously...DeCSS is not a pencil. It is a tool designed to remove copyright protection from someone's IP.


    Are guns a right? Yes. But we don't allow people to own nukes, or certain kinds of guns, either. Why? Because they're explicity designed to do Bad Things, as opposed to possibly being used for Bad Things.


    The argument that DeCSS is explicity designed to get around a (questionable) law is CORRECT.

    1. Re:Foolish analogies by Anonymous Coward · · Score: 3, Interesting
      Okay kids, now I'm not a fan of the way IP is handled in the US either. But seriously...DeCSS is not a pencil. It is a tool designed to remove copyright protection from someone's IP.


      Yo... but CSS restricts fair use. Perhaps DeCSS is the slimjim that breaks into your car when you lock yourself out. MM.. make that a rental car even. You don't own the car, but you have the right to enter it (even if you don't have the keys at the moment), so it's hardly breaking and entering. Nor is it stealing when someone uses DeCSS to watch their DVD on a linux box.

      The govt shouldn't be trying to outlaw DeCSS. Everyone I know that uses DeCSS owns DVD's. They give the MPAA money. I, OTOH, prefer to watch movies that I download. I give the MPAA no money. Way to go after the bad guys MPAA. Way to stop piracy.
    2. Re:Foolish analogies by Anonymous Coward · · Score: 2, Insightful

      Good post, but it's more muddled than that.

      When I buy a DVD, I've bought a DVD. I haven't licensed it.

      However, I can't play my property on my Linux-based computer. Enter DeCSS, which allows me to use my property in a way I see fit.

      Now, wait for it.. Wait for it.. Here's the problem.

      All this digital crap. Perfect copies and all that.

      Because you can theoretically make a perfect copy of a DVD, and give it to your friend, while still keeping your current property, DVDs don't fit into old school 'property'.

      This wasn't what people were thinking of when laws and precedents were drawn up a century or two ago. Back then, if you bought, say, a can of yams from some farmer, the farmer was confident you couldn't use them and give them to someone else at the same time.

      You could give em to a friend, sure, but you wouldn't have any yams. You *could* try to both utilize the yams, and copy them, but humans are analog and made an imperfect, rather brown and smelly copy of the yams.

      Yeah, I just woke up. Uh, right.

      Let me try to rephrase that. Old School == You couldn't give away your property for free and still hold that property. Thus, no one really cared much if you gave it away. If you wanted that property again, you'd have to buy it again.

      New school == "Here's a copy. Go home and watch it, and I'll watch the original here, and we'll make funny comments to each other over the phone."

      Or some shit like that. Bah, damn the man, eat more broccoli, carrot juice consitutes murder.

    3. Re:Foolish analogies by ExRex · · Score: 2, Insightful

      Crap.

      CSS has not a whit to do with piracy. Piracy is the bogey man that the MPAA trots out to camoflage its agenda. CSS is about control of when you can watch a movie.

      Without CSS the DVD consortium wouldn't have "officially licensed" decoders. And without those licensed decoders they couldn't carve the world up into zones. Those Intl zones keep a European DVD from playing in the US. More importantly, from the MPAA's point of view, it quashes the possibility of an Int'l gray market. Everybody has to by the disks in their own zone. No one can send them to their relatives "back home" and expect them to play.

      CSS is there purely as a legal manoeuvre: "See, we have encryption!" The real point is to keep as absolute control of every disk and, ultimately, every viewing of that disk as is humanly possible.

      Disney's decaying DVDs are the next step. You can expect the price of regular Disney DVDs to go way up once the decaying ones hit the market.

      --
      The closer you are to the code, the happier you are. - Ancient Geek Proverb
    4. Re:Foolish analogies by Anonymous Coward · · Score: 0

      It is a tool designed to remove copyright protection from someone's IP.
      I can copy a DVD fine without DeCSS, explain how content scrambling protects copyright!

      The argument that DeCSS is explicity designed to get around a (questionable) law is CORRECT.
      And which law is that exactly?

  54. Ob Monty Python reference by Anonymous Coward · · Score: 0

    please, cuff me and send me to the bighouse, i've got a tool shed!

    Pffft. You are only half the criminal that "Two Sheds" Jackson is.

  55. so now it's a trade secret? by anonymous+loser · · Score: 5, Interesting
    An interesting point from the news.com article:
    During Thursday's hearing, DVD CCA attorney Robert Sugarman told the seven-judge panel that the software is designed "to allow individuals to steal a trade secret and, by virtue of that, hack into a system that protects the trade secrets of motion picture makers."

    How did this go from stealing copyrights to stealing trade secrets all of a sudden? Exactly what part of the DVD is a trade secret? It can't possibly be the encryption, because nobody's interested in that part, they want the content. The content itself is certainly no trade secret, since it is widely distributed and available to anyone with a Blockbuster card.

    1. Re:so now it's a trade secret? by Anonymous Coward · · Score: 0

      IIRC, the trade secret was the key that the DeCSS developers extracted from some poorly-written Windows DVD software in order to create DeCSS. I'm not entire sure how DeCSS would be used to steal more trade secrets though...

    2. Re:so now it's a trade secret? by OpCode42 · · Score: 1

      The trade secret is the key to decrypt the content.

      That is all.

  56. weapons of mass destruction don't kill people... by scubacuda · · Score: 1
    ...evil dictators do!

    (Or leaders in other countries do, when they try to overthrow the evil dictators.)

  57. Hey meat boy! by mekkab · · Score: 1

    Snap into a slim-jim!

    (I'm totally going to hell for that one!)

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  58. Re:A true story by Anonymous Coward · · Score: 0

    A geek in a park? OUT IN THE SUN! No-way man, it's all a lie! You don't know the first thing about true geeks! Now if you were in a Coffee House or at the local Computer parts store.....

  59. O.K, but was the question.. by Anonymous Coward · · Score: 0

    ..how do you incorrectly use a compiler?

    You don't use g++ to compile C. Use gcc for C and g++ for C++. They are not the same thing.

    1. Re:O.K, but was the question.. by scubacuda · · Score: 1
      Wow...it's a good thing I did THAT wrong...otherwise I could have gone to jail!

  60. Re:I just made the worst mistake of my life by Anonymous Coward · · Score: 0

    the next time your mom starts drinking, invite me over. I'll have sex with her, and you'll be spared the incest.

  61. O/T: Your Sig by TheRaven64 · · Score: 4, Funny
    EULA? I'm compliant. I made my changes to it and clicked "AGREE".

    I've wondered about that. The old version of windows update allowed you to agree to the EULA displayed in a box before the text had loaded, so I agreed to an empty EULA. Another version used an editable text box for the EULA. I replaced it with text stating that a 51% share in Microsoft Corporation became my property as a result of accepting the conditions, and clicked Okay. This leaves us with two options. For a contract to be legally binding, it must be legally binding for both parties so either EULAs are not legally binding, or I own MS. If the second is true then Balmer, you are so fired.

    --
    I am TheRaven on Soylent News
    1. Re:O/T: Your Sig by haystor · · Score: 1

      A friend of mine had a problem while his house was getting built and they had to redo the contracts. They sent him unsigned copies for him to sign. He retyped the whole thing, matching fonts and switching out responsibilities from OWNER to CONTRACTOR in several key areas. Sent it back in and they signed it. Now if he has problems down the line...

      Seriously though, its my understanding that there must be some expectation that a EULA is being read in order for it to be enforceable. I think about this when I hit "I Agree" to a EULA every time I have to play some online game. They could change this EULA anytime and I wouldn't notice the changes. Moreover, they have the luxury of preparing this EULA with the legal dept. Do they expect all half-million of their users to run that EULA past they lawyers every time they log on? Of course not, they *expect* users to take action against "legal" papers without the consultation of legal advice.

      Of course, most users get tricked into arbitration because that's the agreed upon solution in the EULA but that begs the question.

      --
      t
  62. copyright by Stormcrow309 · · Score: 2, Interesting

    Since DeCSS is an implementation of a mathamatical concept, and is not the ONLY way of ripping data off of a DVD, isn't this a way of squashing one's competitors? Main purpose of DeCSS is the viewing of the DVD, not the copy of it. So, if DeCSS is not permitted by the Courts, doesn't that setup a monopoly? Where is the FTC when you need them. Only way this would be a valid argument if the equation was copyrighted and it was a copyright infringement case. (Which makes me think of copyrighting A + B = C.... Hummmmm)

    --

    In God we trust, all others require data.

  63. Re:A huge piece of what's wrong with our legal sys by stratjakt · · Score: 1

    Judges should be elected, not appointed.

    It would solve 99% of the idiocy; clowns like this trying to write law from the bench by way of precedent.

    They all have big fat egos, and imagine some hotshot lawyer quoting one of their rulings in a case years from now. Their job is to rule according to the law, but they dont. They look for grey areas so they can fill in the blanks. They are also political appointees, and there is no comeuppance for their ridiculous rulings.

    So since they're so keen on tweaking legislation, they should be elected like any other legislator. Then when one of these idiots makes a moronic ruling that hurts citizens, he can be voted out.

    --
    I don't need no instructions to know how to rock!!!!
  64. Not exactly an epiphany, dude. by Anonymous Coward · · Score: 0

    I've been choosing "less bad" candidates for years.

  65. Rhetoric by nanojath · · Score: 2, Insightful
    Unfortunately, this is just a typical, if escalated, example of the rhetoric the supporters of intellectual property insanity (read: multimedia conglomerates) are pushing. Try and have a discussion here about copyright without seeing people bicker over the fact that illegal duplication of copyrighted material is not legally "stealing" (in my opinion it's not morally equivalent either although it's in the ballpark and a lot more so if you are bootlegging for money).


    The basic reality, and it does represent a problem for the business models of the mediaopolies, is that the vast majority of people don't take the transgression of illegal, non-commercial duplication seriously as a crime.


    And this is the thing: I think copyright law is a good thing, by and large, it creates a lot of economic activity and can protect and enrich the artist who is wise enough not to give up that right, but the DMCA is a whole other thing. Controlling access to "burglars' tools" is one thing, but this is more like telling me I'm not allowed to go to the hardware store and get a duplicate key made for my own house.

    --

    It Is the Nature of Information to Transgress Artificial Boundaries

  66. Re:I say.... by TyrranzzX · · Score: 1

    Oh, yeah, and as soon as I start suggesting some retrobution for what they are doing they mod me down.

    So, would you rather give up your rights and take the fucking lieing down? I certainly won't, and millions of people telling the goverment "hey, you start some shit, we've got guns and DDOS apps" will jog them right back into reality quite quickly.

    I'm fucking sick and tired of these corperations deciding what our rights are going to be, I'm sick of our goverment's repeated attempts at massivly silencing "independant", aka non corperate sponsored opinion through the loosening of mass-media constrictions, and I'm tired of these asswipes giving me "standard letters" when I mail them about subjects; "We're sorry you feel that way, but you're only one person and the senatore has whores and other companies to attend to"

    I'm appauled at the "settlements" they've done with the RIAA and moreso with microsoft, which neither organization got hurt by. I'm even more appualed at how bush is handling the rebuilding of iraq; instead of letting the people do it and give them money like they did with japan and france, we're going to let corperations come in and make the law. When we protest, we're called terrorists for blocking the streets and told the punishment is jail for life, and then if we don't back down they break out the tear gas and rubber bullets.

    And now we've got advertisements from people in high places that technology and systems that have been around for almost 40 years are illegal. Either this dickhead has been bribed or he was ill informed, and I'm thinking the former becuase he wouldn't come out and say it in the public without some cohersion.

    And the most appualing thing of ALL is the fact that when it comes time to re-elect, all of this wonderful information is going to be buried under mounds of Bull Shit that each side is flinging at the other because as we all know; there are millions of americans who have internet access and don't know how to use it becuase the channel-5 news is all the information we need.

    So fine, mod me into oblivian you dipshit, mabye in a few years when you have no civil rights left and corperations own everything, then ask you to sign your rights away via contract to make a meager living you'll understand.

  67. Different Media by ProfessionalCookie · · Score: 2, Interesting

    Actually you can do a bit by bit copy, but not with an off the shelf DVD burner, and not with off the shelf media.

    There are two types of DVD discs (not talking about + and - here) DVD A and DVD G, which stand for 'Authoring' and 'General use' respectivly. The DVD G media is missing a physical ring on the inside of the disc that hold the encryption key. A DVD G drive won't even write the key. If the key is pysically in the wrong place, guess what? the disc won't work.

    Still if they're gonna ban DeCSS (and they shouldn't) they should have a group writting DVD player apps for every platform with a DVD drive.

  68. Hahahahhaha by dh003i · · Score: 4, Interesting

    Yea, sure. Just like the EULA's on software. Oh, wait, those are having trouble being upheld in court.

    If the consumer perceives it as being a sale, and isn't told otherwise, then it's a sale. As in, they now own that DVD in the same sense that they own a book they buy.

    Not only is their license invalid, and thus it's just an ordinary sale, like the sale of a book, but their license is also completely unenforcible, which means irrelevant. Encorfing their license would mean violating the privacy of millions of Americans and stepping into their homes, to prevent them from watching DVD's on GNU/Linux. No court is going to allow that. So, in other words, the MPAA's "license" is moot on two terms.

  69. Multitool by Gandalf1957 · · Score: 1

    Absolutely it's a burglary tool - being used to steal the next governorship ! Does this constitute the use of a tool as a tool by a tool ? ( British Slang - tool Noun. 1. A penis, implying its supposed usefulness. [1200s] 2. An idiot, a contemptible person.)

  70. BTW anyone read any of by Anonymous Coward · · Score: 0

    the messages at copyleft ?? There are a hundred or so complaining about NOT receiving merchandise, about there being no response from anyone at copyleft for weeks, about credit cards getting charged and merchandise not showing up ??
    I think I'll find a better way to support the EEF then getting ripped off for a shirt.

  71. In Other News by gerrynjr · · Score: 1

    Viewing the source html to a webpage is theft, Microsoft owns all code written with Visual Studio, and NO ONE own anything that they purchase. OPen Standards? HAHA, whatevers made with those is owned by the standard bodies. What is up with this though? Why does everyhting have to be someone's IP, or a threat to it? Just get off the boat if you can't take changes in the marketplace!! (And let someone else take your place.) Additionally, if piracy goesup, it is not because of these tools, it's because of the economy. Economy goes down, people have less cash to spend on recreational activities. IT"S THAT SIMPLE!! (same goes for music)

  72. Thank you, Tyler. by runlvl0 · · Score: 1

    Tyler: "Did you know that if you mix equal parts of gasoline and equal parts frozen orange juice concentrate, you can make napalm?"
    Narrator: "No, I did not know that, is that true?
    Tyler: "That's right. One can make all kinds of explosives using simple household items."
    Narrator: "Really."
    Tyler: "If one were so inclined."
    ...
    Narrator: Tyler was full of useful information.

    - Fight Club

    --

    Carthago delenda est!
    1. Re:Thank you, Tyler. by dmayle · · Score: 1

      Frozen Orange Juice concentrate is there to throw you off the track. If you really wanted to do this, you'd read the jolly roger, or the arsonist's cookbook. (I think those are the name's, it's been a long time...) They'll tell you specific things to use that are gelatin based that will accomplish a napalm like effect.

      Note that the above conversation on bomb/anti-personnel weaponry is legal, while posting the DeCSS code is not...

    2. Re:Thank you, Tyler. by runlvl0 · · Score: 1

      Well, just to be a techno-geek, I'll aknowledge that styrofoam makes a much nicer napalm mixer (with gasoline). The preceeding discussion just reminded me of the movie quote, though, and your point about the content of this thread is very well made.

      Disclaimer: I am not a terrorist. Who makes THAT t-shirt? I need it for airport checkpoints.

      --

      Carthago delenda est!
    3. Re:Thank you, Tyler. by Rude+Turnip · · Score: 1

      A guy who was in the Navy during 'nam told me you could use gasoline and liquid Tide laundry detergent.

    4. Re:Thank you, Tyler. by ryanwright · · Score: 1

      After downloading the Jolly Roger's Cookbook from a local BBS, some friends and I promptly whipped up a batch of napalm with some styrofoam and gasoline. We put it on the ground and watched it burn for quite some time.

      --
      -Ryan, with the unoriginal sig
  73. Anologies by JayateMo · · Score: 1

    Please, somone put a stop to stupid anologies, comparing OS to cars and bikes and what not???
    Its my experience that ignorant people tend to use anologies, like a toiler on the sea, trying to unlock a hole ;)
    Anyway, stupid people not knowing what the talk about trying to make up stupid anologies as if the subject was to complicated to adress directly...

    1. Re:Anologies by JayateMo · · Score: 1

      Like ignorant people who cant spel...

    2. Re:Anologies by jedidiah · · Score: 1

      Analogies are not so much employed by the ignorant as they are an attempt to communicate with the ignorant.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  74. Re:Doesn't it seem odd... Going in reverse order by althalus · · Score: 1

    Nah, it's that the presidency before the current one already did everything possible to destroy the second ammendment, nothing left to do there really.

    And who says the ACLU doesn't have power, heck, I'm afraid to say *anything* about my personal beliefs, for fear of getting sued by them for infringing on somebody else's right to not hear my beliefs.

  75. Arrogance, insanity, or both? by stinky+wizzleteats · · Score: 2, Insightful

    So let me get this straight. I can sit in my home, with a DVD I purchased in full, and by the act of playing that DVD on my Linux computer, I have forcibly invaded the private premises of the media industry and stolen their property?

    We've known for years that words like piracy and theft are intended to have an emotional effect, (unless, of course, groups of Scandanavian teenagers are storming container ships on the open sea and stealing DVDs) but burglary?!

    The only support for the application of the concept of burglary is phrases such as "hacking into mechanisms to protect trade secrets". Does this indicate that the man who may one day be governor of California believes that a copy of a DVD is to be considered the private property and premises of the MPAA?! And what trade secret is violated by skipping the forced commercials at the beginning of the video? It is shocking that someone would walk into a courtroom and have the gall to suggest that a DVD in my own home represents homestead rights and privileges of the MPAA! Regardless of the outcome, I have to wonder about a world where someone would even attempt to make a point so utterly devoid of reason.

    Can somebody please tell me that he is just being stupid? Please, someone post something about attributing to evil that which can be explained by incompetence. I really need something like that to get me through the day.

  76. dumb. by Telastyn · · Score: 2, Interesting

    Doesn't decss do the same thing your dvd player does to decrypt dvds? How can it be an illegal tool then? - unless of course any company making and selling a dvd player is doing something illegal...

    1. Re:dumb. by clonebarkins · · Score: 1
      Doesn't decss do the same thing your dvd player does to decrypt dvds? How can it be an illegal tool then? - unless of course any company making and selling a dvd player is doing something illegal...

      <disclaimer>IANAL</disclaimer>

      To legally create a system that decrypts CSS, you have to license the technology from the DVD-CCA (i.e., pay lots and lots of money). DVD players are made by companies that have paid this licensing fee. Bunner et al have not.

      The problem here, however, is that source code cannot be used to decrypt anything. It can certainly be compiled to do that, but compiled binaries and source code are two different things. The source code is an idea (speech), where as the compiled binary is an implementation (a tool). A lot of people, including myself, think that merely telling somebody how to do something (i.e., providing the source code) is different than actually doing it (i.e., running the compiled binary).

      For example, the court has already determined that it is perfectly legal to provide detailed instructions on how to build a bomb. What it is illegal to do is to actually build the bomb (whether you blow it up or not is covered by a whole different set of laws). This to me correlates to the "DVD-CCA vs. $defendant" cases very nicely. It should be perfectly legal to provide detailed plans for building a tool to decrypt DVDs (i.e., distribute DeCSS source code), but illegal to actually build and use the code (except for uses that are generally considered "fair" such as for personal or educational uses).

      --

      "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

  77. Re:A huge piece of what's wrong with our legal sys by Cyno · · Score: 1

    Its doubtful the jury is concerned about their kids, but the thought of someone using DeCSS to break into their house and steal their property. That's cause for concern.

    What fascinates me is how we use money and expensive first class resorts to help educate our judges about our capitalist legal system. 5 years ago I didn't know anything about my country. Now I know too much.

  78. Take Action Against the FCC (OT) by syrupMatt · · Score: 1, Offtopic

    This Monday, FCC Chair Michael Powell will hold his vote on media
    consolidation. There's nothing special about that date -- it's totally
    arbitrary. The vote will conclude a process which has shown deliberate
    disregard for the views and opinions of the American
    people. Powell has refused to even release the actual language of
    the rule change -- it won't be known until after the vote. And he's
    only held a single meeting to hear the views of the public. Even when a
    bipartisan group of Senators requested that he give Congress some time
    to discuss the impact of this change, Powell brushed them off.

    Chairman Powell still has the power to delay the rule change and allow
    time to have a democratic debate about its consequences. Please call
    him today and ask him to allow a real public debate on an issue of such
    massive importance.

    You can reach Powell's office at:
    (202) 418-1000

    Once you've made your call, please let us know at:
    http://moveon.org/fcccall.html

    --
    "Moving through the masses like a fish through water." syrup
  79. Re:A huge piece of what's wrong with our legal sys by realdpk · · Score: 1

    Somewhat O/T.

    Education is a very sticky subject. Who would write the textbooks, and who controls what goes in those textbooks? As things are now, you can bet Microsoft would play a big part in it, and, for example, Linux may end up nothing more than a chapter in a 1000 page book - that chapter discussing how it is used to circumvent the economy or some such nonsense.

    We'd be better off educating the public. Granted, the US is not a democracy, so we cannot vote for or against laws like the DMCA, but if enough of us want something and we tell our representatives there's at least a slim chance we can get it. Better yet, perhaps we could convince the Big Evil Corporations(tm) not to do big evil things.

  80. burglery tool?!?! by Anonymous Coward · · Score: 0

    You mean like a screw driver or a brick? Those are burglery tools as well.

    I know lets outlaw screwdrivers and bricks....that way there will be no more burgleries...of course you won't be able to make walls or fix your car, but hell thats what industry wants right?

  81. Yeah! by Greyfox · · Score: 2, Funny
    God damn DECSS! If it weren't for that, all those copies of "The Matrix, Reloaded" wouldn't be on the Internet right now.

    What? er... nevermind.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  82. Re:Doesn't it seem odd... Going in reverse order by Taldo · · Score: 1
    Nah, it's that the presidency before the current one already did everything possible to destroy the second ammendment, nothing left to do there really.

    Pffft. So we have registration and limitations on some KINDS of weapons. (In general, ones which ARE specifically designed not simply to kill people, but to kill large numbers of people, as quickly and as messily as possible.) Big deal. Hell I don't trust most people with sharp objects. Clinton didn't weaken the Second Amendment. You still have the right to keep a weapon, unless you're a felon or have been diagnosed with mental illnesses that make you prone to violence. In that case we're entirely within our rights to not trust you with the means to kill.

    And who says the ACLU doesn't have power, heck, I'm afraid to say *anything* about my personal beliefs, for fear of getting sued by them for infringing on somebody else's right to not hear my beliefs.

    This says more about right-wing propaganda than anything else. Unless you're highly placed enough to force those beliefs on others, (such as employees) you have nothing to worry about. Pat Robertson, however, would have people believe that there are ACLU lawyers hiding behind every tree waiting to persecute good conservative Americans for 'speaking their minds.' Well if 'speaking your mind' involves faux-optional bible study groups at work, pushing a particular political opinion at your employees, (or students if you're a teacher) workplace racism or homophobia, or other things of that nature, then expect a call from the ACLU. If not, you have nothing to worry about. It really is that simple.

    Your fear of the ACLU's 'power' says more about how effective the other side's propaganda has been than about the ACLU itself.

  83. Solution by JASP2 · · Score: 1

    Lot of whining going on here... When I was a lowly 2LT in the Army, my boss, a grizzly Major who I still have tons of respect for, used to say "Don't bring me problems, bring me solutions."

    So... I don't have a solution, but I hope some of you do. I would like to see some suggestions that I might be able to take action on. Does anyone out there have an organization for educating judges on technology... I'll volunteer to teach a class.

  84. killer program, by Anonymous Coward · · Score: 0

    dude, can you post the source?

  85. Re:A huge piece of what's wrong with our legal sys by Dinny · · Score: 1

    Judges should be hired for a job not elected or appointed. The should have performance reviews by a panel of their peers. And these reviews should be a matter of public record. It's foolish to elect people to do a job that is not, at it's core, a job about politics. Perhaps the Supreme Court should be elected, but none below that.

    Right now in most states Sheriff and Corener are elected positions. This is an stupid situation. These positions have jobs to do and actual credinatls would be nice. Why should the most politically sauve person get the job? How about the best police officer or necrophiliac?

  86. AAAARRRGGHHH!!! by wurp · · Score: 4, Insightful

    I can't believe so many people have replied to this, and not pointed out -- DeCSS IS NOT ABOUT COPYING DVDs!!!

    DeCSS is about watching DVDs that I paid for on machines not approved by the MPAA, for example my two linux machines.

    It also gives you back the fair use rights that the movie industry is trying so hard to steal, but the primary use for DeCSS is to watch movies on linux.

    The only way DeCSS even helps DVD copying is that it allows you to do lossy compression you couldn't otherwise do. DVD "copy protection" doesn't in the least keep you from copying a DVD. I can easily copy a DVD and view it without using any unapproved decryptor.

    1. Re:AAAARRRGGHHH!!! by Overzeetop · · Score: 3, Insightful

      Actually, DeCSS circumvents a copy-protection feature of a commerically produced DVD which inadvertantly prevents the end user of a purchased product from a legal use of said product.

      Before you cry foul, the "feature" was intended to prevent the viewing of a DVD on an unauthorized system (one which has no macrovision or region encoding, for example, which is TRUE for region 1 DVDs based on current law, AFAIK).

      Nonetheless, you have purchased a product - not a licence. If your DVD breaks in five years, they will not replace it for a nominal media cost, nor will they send you new media should your system change (OTOH, microsoft used to send you 3.5" floppies if you licenced their software and you got it delivered on CD).

      Once you've bought it, you should be able to do anything you want to with it, as long as the product (physical disc and information therein) stays with you and, arguably, your immediate family. You can even use it to shim up that door frame that's a bit out of whack. Of course, if it doens't work to shim the door frame, you won't get your money back, as it's not the intended use of the product. If , even with DeCSS it doesn't work on your PC - once again - you won't get your money back. If you put it in your DVD player and it doesn't work, you can take it back and get a replacement, because that IS the intended use.

      Try this analogy: you may purchase a lock from Quickset, sit on your living room floor, and pick the lock all you want. You are circumventing their mechanism without a licenced key, but it's your lock and your home. The law has not been broken.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:AAAARRRGGHHH!!! by MoonBuggy · · Score: 1

      I can easily copy a DVD and view it without using any unapproved decryptor.

      Indeed, just plug the video out of your MPAA approved DVD player into a DVD recorder. The interesting point is that I own a Samsung DVD/VCR combi. It's de-macrovisioned, multi region and even has a button on the front labeled "Copy" which transfers a DVD to VHS. Why are they going after the poor free software that could be used for illegal purposes but probably isn't, but not going after the big company who make something equally useful but potentially illegal?

    3. Re:AAAARRRGGHHH!!! by wurp · · Score: 1

      Even more than that, I can copy the encrypted file and then view the encrypted file with any approved player.

  87. History has shown by definition. by Rev.+Null · · Score: 1

    If something is breakable by definition, then the breakability is self-evident, and can at most be confirmed by history.

    --
    -- My comment is above.
  88. No, only evil dictators do, by hummassa · · Score: 1

    even when they try to overthrow other evil dictators.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  89. I have to say it. by Anonymous Coward · · Score: 0

    In Soviet Russia, DVDs pirate YOU!

  90. Better analogy by Reziac · · Score: 1

    Better analogy: you buy a car [DVD], but the key that the dealer gave you doesn't work. So you get a locksmith to make you a working key [DeCSS], and now you can drive your car in the usual fashion.

    If you happen to use your car as a robbery getaway vehicle [illegally copy and distribute DVDs], that has NOTHING to do with whether the original seller's key did or didn't work.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  91. Wrong by Pendersempai · · Score: 5, Insightful

    There are no juries in a state Supreme Court. He was making the argument to a justice, who can be expected to understand issues enough not to fall for such rhetoric.

    The "middle-class jury" you so disparagingly reference is not making any major policy changes; they're deciding on findings of fact and leaving the actual legal maneuverings to the trial judge. Beyond that, most sweeping decisions are appealed.

    Judges should be educated about technology before trying cases like this, and then prevent counsel from either side from making misleading statements like this.

    To a large extent, judges ARE educated about technology before trying cases like this. And why should they "prevent counsel from either side from making misleading statements like this" when they could simply RECOGNIZE them as misleading and NOT BE MISLED?

    Yes, the system may have its faults, but the ignorance of your post makes it abundantly clear that you're not one to prescribe fixes.

    1. Re:Wrong by jedidiah · · Score: 1

      The average judge is no better informed on technology issues, or even IP law itself, to render a judgement much better than the average middle class housewife.

      Judges aren't trained for the task, they aren't trained in specialty subject areas in or outside of the law.

      Someone else is confusing France with US/UK.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  92. the concept of truth by cdn-programmer · · Score: 1

    Cleary the concept of truth isn't applicable in the USA legal system.

  93. Copyleft now a defendant?! by Superfreaker · · Score: 4, Funny

    Did anyone notice this:
    "Well the inevitable has happened, Copyleft is now named as a defendant in the DVD-CCA case in California. "

    Just for selling a shirt with the code printed on it?! I can't compile a shirt!

    'Begin lameness
    I know the shirt is soft wear, but this is ridiculous

    1. Re:Copyleft now a defendant?! by cpopin · · Score: 1

      I'd like to buy three t-shirts, but from the look of their discussion board they're not shipping. Is this because of legal problems?

      You can tell who's in charge of marketing at CopyLeft.net: their discussion board is on the same page as the product purchase form.

      --
      -=- Many seek good nights and lose good days.
    2. Re:Copyleft now a defendant?! by Bull999999 · · Score: 1

      Their logic:

      1. Burglars wear shirts, therefore shirts are burglary tools.
      2. DeCSS is a burglary tool.
      3. Therefore shirts = DeCSS.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
  94. Re:A huge piece of what's wrong with our legal sys by andreMA · · Score: 1

    Not a good idea.

    (1) MPAA and RIAA will need to bribe (excuse me, make political donations) many more politicians (which are what the judges will have become under this system)

    (2) The cost of CDs and DVDs will inevitably rise as the trade groups recover the additional expense of bribing this new multitude.

    (3) Sales of these items will drop as the price rises (imagine that!)

    (4) This will of course be blamed on piracy, spawning yet another generation of special-purpose legislation.

    Anyhow... um, yeah. I'm not fond of the idea of electing judges anyhow, although I think something needs to be done. How about keeping the system of appointing and confirming (in legislature) as done in most states... but ballots include the names of existing judges and you can vote to fire them?

  95. Another tool for crime by girth · · Score: 1

    Drunk driving is a crime, and causes more financial harm than pirated movies, but I don't see alchohol being outlawed (again) anytime soon.

  96. Public Information by 2MuchC0ffeeMan · · Score: 1

    Oh look, he has a website ...

    some public information:

    Mailing Address:
    BILL LOCKYER
    California Department of Justice
    P.O. Box 944255
    Sacramento, CA 94244-2550

    His Phone, well, you may have to ask for him:
    (800) 952-5225

    --
    Runnin' On Empty .... I'm Still Alive
    1. Re:Public Information by Anonymous Coward · · Score: 0

      If you look at the source for the form, this hidden email comes out:

      piu@doj.ca.gov

  97. Re:Doesn't it seem odd... Going in reverse order by Anonymous Coward · · Score: 0
    Clinton didn't weaken the Second Amendment



    You are either a liar or a fool. The 1994 rifle ban was the first gun ban in the U.S. not based on the U.S. government's taxing authority (until it, other gun control laws were really tax laws. For example, NFA didn't ban machine guns, it just required a $200 tax). As such an expansion of government authority, it quite certainly did weaken the 2nd amendment. The 2nd amendment doesn't say that guns can't be banned, it says the right can't even be infringed. A total ban on several company's models (even ignoring that this was a bill of attainder; also illegal under the Constitution) is most certainly an infringement.

  98. what if we posted fake DeCSS by Anonymous Coward · · Score: 0

    would we be safe from suit if we posted a file called css-auth.tar.gz on a page with "fake DeCSS" on it someplace. just to fuck with the MPAA?

  99. Re:Doesn't it seem odd... Going in reverse order by Taldo · · Score: 1
    You are either a liar or a fool. The 1994 rifle ban was the first gun ban in the U.S. not based on the U.S. government's taxing authority (until it, other gun control laws were really tax laws. For example, NFA didn't ban machine guns, it just required a $200 tax). As such an expansion of government authority, it quite certainly did weaken the 2nd amendment. The 2nd amendment doesn't say that guns can't be banned, it says the right can't even be infringed. A total ban on several company's models (even ignoring that this was a bill of attainder; also illegal under the Constitution) is most certainly an infringement.

    There is no such thing as an absolute right. You have the right to keep a weapon. As a society we have the right to limit your access to specific types of weapons that you have no particular legitimate use for and that are designed for purposes that in civil society can only be considered nefarious.

    If you think that having an assault rifle makes you somehow more manly, that's your issue. The rest of us have a right to not have to deal with the results. People who want to defend themselves can. The weapons banned under these laws aren't defensive, and were never intended to be.

  100. Tax by Malicious · · Score: 1

    What about the tax I pay on recordable medium?
    I pay for my right to back up my Movies, and now they take that away from me too.

    --
    01101001001000000110000101101101001000000110001001 10000101110100011011010110000101101110
  101. A lockpick is a burglary too by phorm · · Score: 2, Interesting

    And locksmiths use lockpics, or other special devices to open up locations where keys have been lost, etc. But, lockpicks are used by burglars, burglars are criminals and locksmiths use lockpicks, so that must mean that locksmiths are criminals.

    Geeze... doesn't this sound like basic High-School logic courses? Just because once group uses a tool for a purpose does not make the tool criminal, and does not make other groups using the tool criminals.

    Meanwhile... a warrant is out for the inventor of the coathanger, after it was discovered that this device could also be used as a tool for burglarizing vehicles...

  102. Perhaps we should ban some by Ilan+Volow · · Score: 1

    Of course, it depends whether you count IIS as a breaking and entering tool.

    --
    Ergonomica Auctorita Illico!
  103. Re:Doesn't it seem odd... Going in reverse order by jedidiah · · Score: 1

    Military issue rifles are not designed to kill "masses of people". The weapons banned by Clinton's administration are not meant to be used for spraying bullets. THOSE KINDS OF WEAPONS WERE ALREADY ILLEGAL.

    All the previous administration did was to ban some guns that merely look a little more scary than the average deer rifle.

    Actually, it's quite moronic to ban American citizens from owning those weapons they would be most likely trained to used.

    Sure, mebbe get rid of AK-47's and Uzi's. However, there is a compelling national security interest in allowing and encouraging competency in the M-16.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  104. California residents READ THIS! by Greg+Lindahl · · Score: 2, Interesting

    Go immediately to:

    http://caag.state.ca.us/consumers/mailform.htm

    and enter a consumer complaint. I said that I owned a DVD player and some DVDs, and that the California Attourney General's office was trying to prevent me from watching the DVD on my Linux computer.

  105. Re:Doesn't it seem odd... Going in reverse order by Anonymous Coward · · Score: 0

    There is no such thing as an absolute right

    That is a stupid statement; showing that you have no clue what a right even is.

    As a society we have the right to limit your access to specific types of weapons that you have no particular legitimate use for

    Societies don't have rights. There's no such thing as a "collective" right under the Constitution. Collectively, governments or "societies" only have powers, and the Constitution is very clear that the only legitimate powers that can be exercised are those that are explicitly delegated to government. The right to regulate firearms is not one of those powers. Again, you don't have the faintest clue what a right even is.

    If you think that having an assault rifle makes you somehow more manly, that's your issue

    And for the third time, you show how clueless you are. The founders didn't put the 2nd amendment in the Constitution because the were "manly"; they put it there because they were smarter than you, and realized the importance of an armed citizenry. And assault rifles weren't banned by the 1994 so-called law; assualt weapons were (that you don't know the difference again shows how completely ignorant you are on the subject; "assault weapons" that are also rifles are not "assault rifles").

    The weapons banned under these laws aren't defensive, and were never intended to be.

    And in addition to being a moron, you prove that your memory is defective as well. It was only the last decade when the Korean shopkeepers in LA had to use these very same weapons to defend their lives and their property during the riots (the same riots where both police and fire departments refused to go into those areas of the city). The large magazine capacity of these weapons allowed those Korean americans to defend themselves against a mob (all without killing those threatening them either, for that matter).

    The simple fact is, you are clueless just about every issue (Constitution, historical, practical) related to this issue, and in your ignorance you consider yourself wise. It's a good thing for you that government hasn't decided to treat the 1st amendment like they treat the 2nd, since it could easily be argued that ultimately your abuse of freedom of speech (speaking out of a level of ignorance so massive that you don't even have a clue how ignorant you are) has and will continue to cause far more damage to the Republic than any "assault weapon" could ever do.

  106. Re:Doesn't it seem odd... Going in reverse order by Taldo · · Score: 1
    Look more scary? Possibly. However, the reason they do is because of the features that make them more dangerous.

    Pistol grip/bullpup design is included so that the weapon can be fired from the hip as easily (or nearly as easily) as from the shoulder.

    Extra capacity magazines are included so that one doesn't have to reload as often.

    Trigger and firing mechanisms that are built for rapid fire (this doesn't even get into 'how easy is it to modify the weapon to allow fully automatic fire) are intended to spray large amounts of bullets.

    It's not a question of 'it looks scary' however much some people may want to portray it that way.

  107. Re:A huge piece of what's wrong with our legal sys by jedidiah · · Score: 1

    In the American legal system, IT'S A JUDGE'S JOB TO WRITE LAW FROM THE BENCH.

    That is simply the way it works. This is also why American law students study cases that go as far back as 1200 in England. It's all just one long chain of "judges legislating from the bench".

    Don't like it? Move to Louisianna or anywhere else that didn't inherit it's legal tradition from England.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  108. Yeah, but... by Anonymous Coward · · Score: 0

    IN Soviet Russia...DVD pirates YOU!

  109. Trade secrets by Anonymous Coward · · Score: 0

    Okay, as far as IP goes, trade secrets get the least amount of protection. If I do something that gives me a competitive advantage, and I make a point of not telling anyone what it is (like NDAs for anyone that works for me), then it's a 'trade secret', and I can sue someone for revealing it. Once it's public knowledge, it's not a secret anymore, and not protected.

    I noticed that the judged asked them why their secret should be enforced, when it's obviously not a secret anymore. Good judge.

    The thing is, they shipped CSS and keys to millions of people, who were under no obligation to keep the secret, and probably didn't know that it was there in the first place. Electronics companies seem to think that their work is magically safe from prying eyes, so that they can keep secrets in your living room.

    I argue that their trade secret protection died when they shipped their first unit without an NDA. Any good electrical engineer could legally open it up and figure it out.

    I also found it really laughable when Microsoft argued trade secret protection for Kerberos code published on the web. Yeah, there was a click-through, but distributing to millions of people you don't have a relationship with is decidedly not keeping a secret. Especially when many of them can't legally enter a contract with you (minors, other jurisdictions.)

    DVDCCA should go back to the DMCA.

  110. Re:Doesn't it seem odd... Going in reverse order by Taldo · · Score: 1
    Ack... the level of rhetoric is toxic.

    That is a stupid statement; showing that you have no clue what a right even is.

    Baseless emotionalist statements. Possibly instead of simply ranting, you could make a point? Such as if there is such a thing as an absolute right, list it?

    Societies don't have rights. There's no such thing as a "collective" right under the Constitution. Collectively, governments or "societies" only have powers, and the Constitution is very clear that the only legitimate powers that can be exercised are those that are explicitly delegated to government. The right to regulate firearms is not one of those powers. Again, you don't have the faintest clue what a right even is.

    Society is a collection of individuals. As such, the rights of individuals extend to society as a whole, where they apply. Now.... again instead of mindless rhetoric and emotional hooks.... possibly you could explain how you having an AK makes you part of any 'well regulated militia?'

    Yeah I didn't think so.

    And for the third time, you show how clueless you are. The founders didn't put the 2nd amendment in the Constitution because the were "manly"; they put it there because they were smarter than you, and realized the importance of an armed citizenry. And assault rifles weren't banned by the 1994 so-called law; assualt weapons were (that you don't know the difference again shows how completely ignorant you are on the subject; "assault weapons" that are also rifles are not "assault rifles").

    The Founders added in the Second for any number of reasons. For one thing there was a much more level playing field between soldiers and civilians at the time. (A pennsylvania rifle was a pennsylvania rifle, after all. Combat was much simpler.) At the time, an armed revolt against an oppressive state was an option. This was before people developed little toys like RPG's and heavy machine guns. As big and bad as you may think you are, you have no chance at all against a column of armed and armored troops in the modern age. Get over it.

    Yes, some non-rifles (with essentially the same features as the assault rifles) were also banned, and for the same reasons. The ban is still commonly referred to as the 'assult rifle ban.' Excessive anal retentiveness about minutae is a sign of a weak core argument. Might want to look into that.

    And in addition to being a moron, you prove that your memory is defective as well. It was only the last decade when the Korean shopkeepers in LA had to use these very same weapons to defend their lives and their property during the riots (the same riots where both police and fire departments refused to go into those areas of the city). The large magazine capacity of these weapons allowed those Korean americans to defend themselves against a mob (all without killing those threatening them either, for that matter).

    ...as is resorting to personal attacks. At any point here I could have called you a simpering weakling for posting AC... I could have said that your compulsive need for military weapons was compensation for a deep seated inferiority complex related to an undersized penis. I could have made tinfoil hat and black helicopter jokes.... If I were being mean. :)

    The fact is that the case you cite didn't require such weapons. A pistol and a decent door lock would be more than adequate. In that sense they're like most thieves. If you have ANY gun and look like you have any sort of clue as to how to use it, they'll move on to someone who doesn't.

  111. I was there by legal_tinker · · Score: 2

    My commentary is at Bricoleur.
    -Alex

  112. fugitive fermentation of an individual brain... by gessel · · Score: 2

    The whole question is moot. The DMCA is unconstitutional because it is contrary to the clear intent of the framers in drafting a clause to grant a temporary and embarrassing monopoly to inventors to further the progress of science and the useful arts. Bill Lockyer's comments indicate his ignorance of constitutional law, and the substitution thereof by media industry tripe: DeCSS cannot be "burglary tool" because there cannot be a "theft" of an idea because an idea cannot be owned, not in these United States.

    DeCSS my be illegal, but if such proscription is found to be necessary to promote the progress of science and the useful art, no matter how absurd such a conclusion obviously is, it would be illegal as a guerrilla anti-trust tool, not as a tool of theft.

    Contitutional law is guided by the writings of the framers of the contitution, which illuminate their intent in drafting. Thomas Jefferson was our third president, our first Patent Examiner, and the author of the Declaration of American Independence.

    Thomas Jefferson to Isaac McPherson

    13 Aug. 1813 Writings 13:333--35

    It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions, and not merely for their own lives, but inheritable to their heirs. But while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural and even an hereditary right to inventors. It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it, but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody. Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new an

  113. What next, rape and murder? by AtariAmarok · · Score: 2, Interesting

    "breaking, entering and stealing"

    This abuse of words without regard to their meaning (but with regard to emotional effect) is getting alarming. According to them, you can perform B&E in your own house if you do something wrong with a DVD.

    It amounts to "A and B are crimes. B sounds much worse, so let's call all the A crimes B crimes so they look like worse fiends."

    "The program DeCSS is a burglary tool,"

    If this is the case, then I suppose it is a short matter of time before DeCSS is claimed to be a weapon used in crimes of murder and rape.

    If this keeps up, sometime next year, some MPAA or RIAA flack will be the first to accuse a disc pirate of committing genocide.

    --
    Don't blame Durga. I voted for Centauri.
  114. Theft of a copyright? by AtariAmarok · · Score: 1

    "How did this go from stealing copyrights to stealing trade secrets all of a sudden"

    This topic involves (potential) violation of a copyright, not theft. Theft of a copyright is when someone claims a copyright as their own, which is not applicable to this DeCSS discussion.

    --
    Don't blame Durga. I voted for Centauri.
  115. DeCSS vs Dremel by AtariAmarok · · Score: 1

    The truth of the matter is that DeCSS is no more a burglary tool than a Dremel tool.


    I think it is far less of one. During burglary, you can smash windows with the Dremel tool and maybe use it to cut out door locks or safes. It is much, much harder to use DeCSS in burglary... the easiest way would be to use it to distribute a "Burglar's How-To" DVD that was protected by DeCSS.

    --
    Don't blame Durga. I voted for Centauri.
  116. Support Michael Powell by Anonymous Coward · · Score: 0

    "The vote will conclude a process which has shown deliberate
    disregard for the views and opinions of the American
    people."


    No. It lets the people watch what they want and listen to what they want to.

    "FCC Chair Michael Powell will hold his vote on media
    consolidation"


    Media consolition is a myth. Over the last 25 years, national TV news sources have more than doubled; we get a new one every several years. Print, including internet, is exploding with new voices.

    Even ClearChannel, held up as the main example of media consolidation, only controls less than 10% of radio stations! If the "worst" comes to pass, Clear Channel would control 20% of radio stations.

    Yes, write to Powell. Thank him for taking the First Amendment into account and resisting those who want government to have more control over media voices.

  117. Get your facts straight, MPAA whore by Exatron · · Score: 1

    The fact is that no contract is established when I purchase a DVD, regardless of what the MPAA wants you to believe. I have no obligation to abide by terms set by the MPAA simply by purchasing a DVD.

    --
    "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
    "Decepticons FOREVER!!!" - Ravage
  118. Bill Lockyer's Contributors by w_mute · · Score: 3, Interesting

    Take this with a grain of salt if you will. But on the list of his 2001-02 campaign contributors:

    RIAA - $15,000.00
    Sony Pictures Ent. Inc. - $5,000.00
    Howard S. Welinsky (Warner Brothers Sr. VP) - $4,000.00
    MPAA - $2,000.00
    Paramount Pictures Group - $2,500.00
    The Walt Disney Company - $2,500.00
    Twentieth Century Fox Film Corporation - $2,000.00
    Universal Studios, Inc. - $2,000.00
    Alan F. Horn (Warner Brothers CEO) - $1,000.00
    MGM And UA Services Company - $1000.00

    Note that these amounts are only a small portion of about $12 million US in contributions. The largest portion of contributions comes from other big business (Telecom, etc), law firms, and casinos.

    -Greg

  119. Re:Doesn't it seem odd... Going in reverse order by Anonymous Coward · · Score: 0
    Ack... the level of rhetoric is toxic

    Then why did you start it with your nonsensical claim that a ban on arms doesn't abridge a right that says the right to have arms shouldn't be infringed?

    Society is a collection of individuals. As such, the rights of individuals extend to society as a whole, where they apply

    Idiot. Rights are for the exercise of individuals, not "societies". Your collectivist interpretation of "rights" makes no sense; if you need the consent of everyone around you to perform an action, it is a privilege, not a right.

    possibly you could explain how you having an AK makes you part of any 'well regulated militia?'

    Once again, you show how clueless you are. You don't even know what "well-regulated" means, let alone a militia. While it is probably a waste of time, I will try to educate your tiny little brain with a few facts. "Well-regulated" just means "properly functioning", as in a "well-regulated clock" being one that keeps proper time. "Militia" is merely the body of people at arms (i.e., an armed populace). Even today, US law (Title 10) still defines the militia as all males (and some females) of adult age. The most important prerequisite of being a well-regulated milita (a militia that can function) is the presence of arms. An AK might not be the best weapon for that role, but it is certainly an adequate one.

    At the time, an armed revolt against an oppressive state was an option. This was before people developed little toys like RPG's and heavy machine guns. As big and bad as you may think you are, you have no chance at all against a column of armed and armored troops in the modern age. Get over it.

    Idiot. If small arms were not worthwhile in mordern combat, they wouldn't be issued to troops today. You have no clue about the effectiveness of small arms, and their role in an insurgency, even today, would be quite useful. No one would expect a resistance to tyranny to be an early 20th century style battle.

    Yes, some non-rifles (with essentially the same features as the assault rifles) were also banned, and for the same reasons. The ban is still commonly referred to as the 'assult rifle ban.'

    No, you dumbass. "Assault rifles" are fully automatic (usually selective fire) rifles. "Assault weapons" are not full auto weapons, they are merely semi-autos that "look bad" (usually based on the same improved ergonomics of true assault rifles). It is commonly referred to as the 'assult rifle ban' (sic) only by ignorant idiots who don't understand the difference or deliberate deceivers who don't want others to understand the difference.

    ...as is resorting to personal attacks

    People like you who want to abridge the rights of others out of arrogant ignorance deserve to be personally attacked.

    At any point here I could have called you a simpering weakling for posting AC... I could have said that your compulsive need for military weapons was compensation for a deep seated inferiority complex related to an undersized penis. I could have made tinfoil hat and black helicopter jokes.... If I were being mean. :)

    No, you would just be using the only arguments you have to defend your indefensible position.

    The fact is that the case you cite didn't require such weapons. A pistol and a decent door lock would be more than adequate

    Argh. You IDIOT! They were going from shop to shop firebombing! "A decent door lock" didn't do anything to stop the looters until the Koreans showed they were willing to use force to defend themselves. These people were not "like most thieves"; they were as interested in destruction as they were in looting, and were blaming the Koreans for their economic woes just like 1930s Germans blamed the Jews.

    In that sense they're like most thieves. If you have ANY gun and look like you have any sort of clue as to how to use it, they'll move on to someone wh

  120. Re:Doesn't it seem odd... Going in reverse order by jedidiah · · Score: 1

    You are simply a clueless moron perpetuating politically motivated lies.

    An M-16 is designed to be a lowend sniping rifle. It is meant to be fired SLOWLY and for ACCURACY. This is how real soldiers are trained to use it.

    It is NOT a tommy gun.

    It is a single fire weapon meant to be accurately used at ranges of 500 yards. I have done this myself (USMC Marksman).

    All of your comments apply equally well to pistols. After market full-auto mods and magazine extenders exist for pistols as well. However, pistols have the added feature of being easier to hide. There are also various models of pistols with lesser recoil making pistols easier to use and generally more accessable to novices.

    The comment about the grip is too laughable for words.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  121. I said it before, I'll say it again. by MsGeek · · Score: 1

    I would gladly pay for a DVD-CCA blessed binary program I could run under Linux so that I can watch 90% of of the DVDs in my collection. As it is, thanks to the version of MPlayer included in Mandrake Linux 9.1, I can watch 10% of my DVDs...the ones without encryption.

    The major players in the Windows DVD playing software market all have DVD players ready to go. Yet they will not sell them, for any price, to any member of the general public. Why is this so? Why can't I pay my $50 or so (NVidia NVDVD is $40, actually) to the makers of LinDVD and/or PowerDVD for Linux and get a copy I can install on my computer?

    Maybe NVidia might be the ones to make a commercial DVD player for Linux. They've made wonderful binary drivers for their video cards and for the nForce motherboard chipset, maybe they might be the ones to grow a spine and do this.

    Until then, it's circumvent, circumvent, circumvent. I don't like it. I don't like breaking the law to enjoy my movies anywhere I want to play them. Using Linux (or FreeBSD or whatever F/OSS operating system you want) should not be a crime.

    --
    Knowledge is power. Knowledge shared is power multiplied.
    1. Re:I said it before, I'll say it again. by ryanwright · · Score: 1

      Until then, it's circumvent, circumvent, circumvent. I don't like it. I don't like breaking the law to enjoy my movies anywhere I want to play them.

      You care too much. Break the stupid law without thinking about it. It's not worth the paper it's printed on, so why should you waste any of your energy disliking it?

      --
      -Ryan, with the unoriginal sig
  122. Speaking of stealing... by lilricky · · Score: 0

    Dont order one of those DeCSS t-shirts, They process your credit card, but dont ship the shirt :(( Check out their bulletin board, or try calling their phone number.

  123. Re:Doesn't it seem odd... Going in reverse order by Anonymous Coward · · Score: 0

    Pistol grip/bullpup design is included so that the weapon can be fired from the hip as easily (or nearly as easily) as from the shoulder

    No it isn't. Not that you could ever hit anything except maybe at close range by "firing from the hip" in the first place, but a traditional hunting stock would be easier to shoot from that position. Firing a rifle with any appreciable recoil in that position with a pistol grip could break your wrist.

    Trigger and firing mechanisms that are built for rapid fire (this doesn't even get into 'how easy is it to modify the weapon to allow fully automatic fire) are intended to spray large amounts of bullets.

    The "trigger and firing mechanisms" of these weapons are just self-loaders ("semi-auto") whose engineering principles have been around for well over 100 years. As far as 'how easy it is to modify the weapon to allow fully automatic fire', BATF regulations already define a firearm that can be easily converted (less than 8 hours of machine shop time; about the time a sub-machine gun could be fabricated from scratch) to full-auto as already being a full-auto firearm.

    In other words, you don't know what you're talking about.

  124. Improper analogies by SpeedBump0619 · · Score: 2, Insightful

    There are so many metaphors for DeCSS being thrown around that I hardly know where to start. Most of these seem to be subtlely incorrect, not implying the proper levels of ownership and copyright respect. Consider:

    DeCSS:DVD::Crowbar:House
    Close, but no cigar. We presume that for this use of a crowbar to be legal you must own or have rights to access the house. It is unclear which is meant simply because a house bears no resemblance to intelectual property. In other words, this house is real property...it can only be in the hands of one person at a time, that person has the right to access his property.

    DeCSS:DVD::Criminal:Victim
    Not even close. Besides the fact that DeCSS is a process and Criminal is a person, A criminal's victim is presumed to have rights. What rights does a DVD posses? None. As with the previous one, this analogy *also* fails because of the differing nature of intellectual property and IP crimes to real property and real property crimes (theft).

    Hmm, so what *are* the properties of the items with which we want to relate?

    IP:
    the property held by IP owner (the content)

    protection method:
    CSS, a protective wrapper around IP stored within a DVD.

    circumvention method:
    DeCSS, a utility to allow access to "wrapped" IP

    content media storage:
    DVD

    content access method:
    DVD player

    the DVD represents two distinct things. Both the protected media and the right to access it are conveyed by the ownership of a DVD. This is an important distinction. No, i'd go so far as to say it is *the* important distinction. Consider the implications of it being otherwise.

    Consider a theatre. The provision of media and the right to access it are separated (ticket and auditorium). I would expect it to be *clearly* indicated if purchasing the ticket (right to watch) did not also purchase access (access to watch). Wouldn't you? I suspect that ownership under every law in every common law county implies both rights simultaneously. Not doing so probably requires a special contract which specifically retracts the right to access for the property.

    Since I have never signed (nor have I even seen) such a restricting contract governing my ownership of my DVD's, I must assume that my purchase of a DVD includes both the right to watch and access to watch.

    The owners of the IP contained in DVD's are trying to obscure the fact that they want the courts to revoke an implied right. These IP owners want to separate these two rights, placing the right to watch with the DVD and the right to access with the dvd player. Where did I give up my *standard* (IP) property rights which would allow this?

    Lets try a more coherent comparison. We need to find a system where right to access and right to view are separable. I posit that the standard book is a fine example. Suppose:

    I enter a book store, pick up a book, read the first page and decide I'd like to buy it to finish reading it. I go to the counter with the book and pay for it, getting a polite "thank you" from the store owner. When I get home, I go sit in my favorite chair, open the book to find that all the pages are blank. In confusion I search the book for the reading instructions. Finding none I call the bookstore, where I am informed that I can only read the book under a special kind of light. The bookstore just happens to have those lights installed. The store owner kindly offers to sell me a lamp so I can read my book, seeming confused at my annoyance. I however look online and find out that a massive tacheon flux through the book causes the ink to become visible for 24 hours. I do a bit more research and find a diagram showing how to create a tacheon emmitter using duct tape and chicken wire. Now, I can read my book. Have I committed a crime?

    IP:
    the content of the book.

    protection method:
    special ink

    circumvention method:
    tacheon emmitter

    content storage media:
    book

    content acc

    1. Re:Improper analogies by MooseGuy529 · · Score: 1
      DeCSS: myDVD::Crowbar:my House Close, but no cigar. We presume that for this use of a crowbar to be legal you must own or have rights to access the house. It is unclear which is meant simply because a house bears no resemblance to intelectual property. In other words, this house is real property...it can only be in the hands of one person at a time, that person has the right to access his property.

      Italic text was added by me.

      Obviously--having a DeCSS program should also be just like having a crowbar. It's a legal item to possess, but using it in the wrong way can be a crime. That'd be like if they forced everyone to have their feet amputated at birth so you couldn't kick people. And it's legal to get into your house with a crowbar, provided you don't then go and try to get insurance money, but that's another story.

      This is a really good analogy, especially pointing out that even if the bookstore patented the light, the tacheon emitter is not. But that's also a flaw in your argument--if you had figured out how to build one of the lights then it would be exactly equal.

      Frankly, they need a law saying that technical measures (such as DeCSS) must not impose at all on people's rights to use their content in any legal way, such as viewing it with whatever they want.

      --

      Tired of free iPod sigs? Subscribe to my blacklist

  125. Get your facts straight, Slashdot hippie whore by Anonymous Coward · · Score: 0

    You are ignorant.

    But hey, so is everyone else here, that's why it's Slashdot!

  126. mentioned t-shirt by hatrisc · · Score: 1

    that t-shirt is nice. i own one and it's extremely comfy! buy one and support decss!

    --
    I write code.
  127. what variety? by Anonymous Coward · · Score: 0

    Would that be cucumbers, zuchini, or carrots?

  128. Planes by TamMan2000 · · Score: 1

    I'm sorry, but the Kurd would have had their asses kicked so hard without the no fly zone, meaning American and British air power.

    Sure, they weren't calling in strikes, but they were not having bombs dropped on them either, and they would have if they had fought With just their own soldiers and their own arms...

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    1. Re:Planes by jpmorgan · · Score: 1

      Also, the American and British forces launched thousands of air-strikes against Iraqi military emplacements in the no-fly-zones. If memory serves me correctly, the US and British militaries dropped several times the amount of ordinance on Iraq during the enforcement of the no-fly-zones than they did in the original war.

  129. Re:Doesn't it seem odd... Going in reverse order by Taldo · · Score: 1
    I'm done being nice.

    Idiot. Rights are for the exercise of individuals, not "societies". Your collectivist interpretation of "rights" makes no sense; if you need the consent of everyone around you to perform an action, it is a privilege, not a right.

    And what is a society?

    Oh yeah, it's a collection of individuals.

    You have rights in this society. Those rights may be exercised UNTIL they begin to infringe on the rights of others. Meaning, (to put it in terms your fundamentally underdeveloped and hormone poisoned brian can understand) your right to swing your fist ends at my nose.

    Clearly you're too stupid to understand this concept. If you think you need these weapons, you can't be trusted with them. These weapons are designed for combat. Period. End of story. No amount of propaganda will change this fact. Some people, (we call them soldiers) have a legitimate reason for this. You do not. ('I wanna look like a tough guy' isn't a legitimate reason from our perspective. Your insecurities about your penis aren't sufficient reason for us to risk allowing you to have a weapon like this.) We as a society DO have the right to pass laws to protect our safety from idiots like you, and we WILL exercise that right.

    Idiot. If small arms were not worthwhile in mordern combat, they wouldn't be issued to troops today. You have no clue about the effectiveness of small arms, and their role in an insurgency, even today, would be quite useful. No one would expect a resistance to tyranny to be an early 20th century style battle.

    Actually they can be quite effective... if you have specific training in how to use them and have sufficient cover. Oh, and if you AREN'T facing APC's and tanks. News flash.... Rambo's a myth. Yes yes, I know that's hard to understand and totally devastates your self-image.... but it's true. Charge a tank brandishing a machine gun, and you're going to die.

    Life isn't an action movie.

    No, you dumbass. "Assault rifles" are fully automatic (usually selective fire) rifles. "Assault weapons" are not full auto weapons, they are merely semi-autos that "look bad" (usually based on the same improved ergonomics of true assault rifles). It is commonly referred to as the 'assult rifle ban' (sic) only by ignorant idiots who don't understand the difference or deliberate deceivers who don't want others to understand the difference.

    And it's exactly these same ergonomics that make these weapons more dangerous and require specific training and control. As I mentioned in another post, the bullpup/pistol grip, easy modification to full auto, and high capacity magazines are designed for suppressive fire or for shooting into a crowd. You don't need this capability, and we don't want you to have it. (Because clearly you're stupid and hotheaded enough to use it.) Again, focusing on minutae is the sign of a weak argument.

    Argh. You IDIOT! They were going from shop to shop firebombing! "A decent door lock" didn't do anything to stop the looters until the Koreans showed they were willing to use force to defend themselves. These people were not "like most thieves"; they were as interested in destruction as they were in looting, and were blaming the Koreans for their economic woes just like 1930s Germans blamed the Jews.

    You can show force just as well with a Glock as you can with an AK. If you need 30 shots to kill someone, you can't be trusted with a gun.

    As interested in destruction as they were.... isn't it funny how they managed to not destroy anything valuable that they wanted?

    Even with the AKs, the Koreans still had to fire multiple warning shots (an option that would not have been available with lower capacity weapons) just to keep the firebombers away. If the brandishing of an AK didn't stop them, showing them a pistol certainly wouldn't have done so.

    And your attitude again clearly shows you can't be trusted with firearms. You don't have th

  130. MOD DOWN!!! by Anonymous Coward · · Score: 0

    We hate intelligent anti-liberals here!!!!!

  131. Well... by Anonymous Coward · · Score: 0

    I have a rather large DVD collection. Most of them are unencrypted and region 0, and can be viewed even without DeCSS (and have all been obtained _legally_. Anchor Bay for example have released unencrypted DVDs for a long time).
    So, shouldn't they sue the companies responsible for unencrypted releases? They're clearly supplying all the tools needed (_none_, that is) to the "pirates".

  132. thats backwards by Anonymous Coward · · Score: 0

    The NRA is powerful because it is made up of PEOPLE who care about their second amendment rights. If the ACLU had that same kind of grassroots support in relation to the first amendment, this wouldn't happen.

    Don't get mad that some other group is more successful because they care more about their rights to do something about it than your group does.

  133. Re:Doesn't it seem odd... Going in reverse order by Taldo · · Score: 1
    And as a full-auto weapon it's also designed for suppressive fire. Like most military weapons it has multiple uses.

    The tommy gun was designed for similar purposes. The 100 round drum you see in gangster movies was rarely used because it was a pain in the ass. Most use (including military use) wasn't all that different from the M16. (Although the M16 is more accurate and gets more sniping use as a result. Natrual progression.)

    Yes, full auto and magazine extenders exist for pistols as well.... and are rarely used, (see the previous pain in the ass comment.) Yes it's possible to make a full auto pistol. Sig even makes one for military use. All are rarely used, because to make it worthwhile you have to have a magazine large enough to make the weapon a pain in the ass to use. (And pretty much negates the concealment factor.) Overall, most people don't bother.

  134. Re:Doesn't it seem odd... Going in reverse order by Taldo · · Score: 1
    No it isn't. Not that you could ever hit anything except maybe at close range by "firing from the hip" in the first place, but a traditional hunting stock would be easier to shoot from that position. Firing a rifle with any appreciable recoil in that position with a pistol grip could break your wrist.

    Once again, suppressive fire doesn't require much accuracy. Neither does firing into a mob. Give someone a large enough target, or downplay the importance of actually hitting anything specific, and it doesn't matter whether you're firing from the shoulder or the hip. Except that the hip lets you sweep back and forth quickly.

    The "trigger and firing mechanisms" of these weapons are just self-loaders ("semi-auto") whose engineering principles have been around for well over 100 years. As far as 'how easy it is to modify the weapon to allow fully automatic fire', BATF regulations already define a firearm that can be easily converted (less than 8 hours of machine shop time; about the time a sub-machine gun could be fabricated from scratch) to full-auto as already being a full-auto firearm.

    Yes, and some are made to cycle faster than others, thus allowing someone to pump out more shots more quickly even without modifying the weapon. This is a combat use. Not something one would use to defend against a burglar. You wanna be a soldier? Join the military. The rest of us don't want to deal with your friendly fire.

  135. So is "slim jim" by Googer · · Score: 1

    The "slim jim" is also a burglary tool - yet it can be found in most law enforcement vehicles!

    A burglary tool used legitimately by law enforcement? How can that be?!?!

  136. Tools != Crime by nurb432 · · Score: 1

    Its only a burglary tool if used improperly.

    Here a "lock pick set" is legal to own. Its how you use it that may or may not be legal. The 'tool' is neutral.

    As it is to own a brick.. if you build a shed with it then its legal, if you bash someone's head in, then its not..

    Oh wait.. now they will try to ban bricks too.. 'for the children'

    --
    ---- Booth was a patriot ----
  137. Yes.... by lysium · · Score: 1
    ....and the semi-automatic pistol that I am allowed to carry will go far against soldiers sporting the latest assault rifle and kelvar suit. I might be able to moderately wound such an attacker before I am killed.

    -------------

    --
    Together, we will drive the rats from the tundra.
    1. Re:Yes.... by Tokerat · · Score: 1


      Aim for the face. ;-)

      --
      CAn'T CompreHend SARcaSm?
    2. Re:Yes.... by lysium · · Score: 1

      I forsee the problem being the gun that will be in front of said face, presumably aimed in my general direction....X-|

      --
      Together, we will drive the rats from the tundra.
  138. Californians. by geekoid · · Score: 1

    Pleasew write your representitves, and the AG and calmly explain what this is used for, explain then 'pirates' just make a bit by bit copy(encryption and all), that the AG is trying to remove your right to play a dvd you purchase on a computer of your choose.
    Write your paper's editor, get this into the paper, pererably written by a columnist, or a reporter, but even letters to the editors page will help.

    People seem to want to know how to stop this nonsence. well there's a road map for you.
    If you can get a moment of your officials time, do so. If you can get a moment of time with an executive at a large company, maybe you can get them to make a call to whoomever the give campagn contributions to.
    Get librarians involved.

    You must act now, or these rights will go away.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  139. Re:I just made the worst mistake of my life by sebmol · · Score: 1

    You're supposed to cut out your eyes now and kill your father.

    --
    "Light is faster than sound." - "Is that why people tend to look bright until you hear them speak?"
  140. Trade secret law by Hamster+Lover · · Score: 2, Informative

    After reading the article (!), I stepped over to Google and looked up the law regarding trade secrets.

    WHAT FACTORS DETERMINE WHETHER SOMETHING IS A "TRADE SECRET"?

    the extent to which the information is known outside the business;

    the extent to which it is known to those inside the business, i.e., by the employees;

    the precautions taken by the holder of the trade secret to guard the secrecy of the information;
    the savings effected and the value to the holder in having the information as against competitors;
    the amount of effort or money expended in obtaining and developing the information;

    the amount of time and expense it would take for others to acquire and duplicate the information.

    Ok, so how does any of this relate to the dissemination of a trade secret? As near as I can tell from my scouring on the web, reverse engineering a trade secret is a complete defense, meaning if the information was obtained by independant means then there is not much you can do about it. With DeCSS, the information was reverse engineered and became common knowledge so there is no basis for trade secret protection anymore. I don't see how the MPAA has any case here for an apparent trade secret that was legally reverse engineered and the information placed in the public domain.

    What do I know, I am not a lawyer.

  141. Self Serving Language by s4f · · Score: 2, Insightful

    >Lockyer told the judges, adding that the movie studios lose millions of dollars because of piracy over the Internet.
    This entitlement attitude really pisses me off, it has for many years.

    They didn't lose a dime. They may not have made a dime, but they have no right to assume I'd pay for something just because I'd take it for free.
  142. Re:I really really hope you're joking. by Cyno · · Score: 1

    Yep I'm a liberal hippie jew who loves niggas and all humans reguardless of how they look or what they do. I hate their actions. I hate their ignorance. But I love them and I think that is all you need.

    But I'm retarded, so go figure this stuff out on your own.

    We were all created equal, especially the retards. Why? Does it matter if the person feeling happiness is a scientist or a retard? No. They are feeling and that is all that matters.

  143. Re:AAAARRRGGHHH!!! It's Not Copy Protection by Nom+du+Keyboard · · Score: 1
    Actually, DeCSS circumvents a copy-protection feature

    You completely missed the original poster's point (one I would have made but he got there first) that CSS is not, and never was, copy protection. There is nothing about CSS that prevents a bit-by-bit copy of the disc. All that CSS does is attempt to prevent viewing on unapproved and/or out of region players. That's it! Nothing more!

    Calling it copy protection distorts the entire argument!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  144. Re:Don't panic. Actually they DO own it by Nom+du+Keyboard · · Score: 1
    It's only a matter of time before SCO decides they own the rights to all motion picture technology...

    They do own it. Remember, DeCSS was written for Linux!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  145. Dissemination not use at issue by Anonymous Coward · · Score: 0
    You can do what you want with the DVD, just be careful about wearing the T-shirt! Come to think of it, playing the DVD in a public place might also be off limits--better ask your lawyer first.

    By the way (and I'm surging off topic here) how can we protect basic rights and freedoms if there are a million battles continually created by specially empowered professions--law makers, enforcers, adjudicators--and a huge support infrastructure, all bent to the task of enforcing limits on human behavior?

    We could report progress on a million fronts and still have rights rolling back as inevitably as a glacier melts.

    These battles serve those at the top of the economic food chain by diverting the attention of those further toward the middle from the fate of the ones suffering, abused and denied resources (actually looted, poisoned and destroyed en-mass!) at the bottom.

    The "ring of steel" at the G8 Evian summit is a good illustration for the tendency of the system to restrict anything that would interfere with the harvesting and dissipation of resources. Those at the top, who make the allocation decisions, are inevitably the most isolated from conditions at the bottom.

    Excellent grooming confers an aura of legitimacy if not saintliness that is amplified through the media, in effect projecting a utopia--the voices and visages of compassionate men and women--and all can tune into via their TVs!

    So however bad the news, rollback of Miranda, reproductive rights, disease and starvation abroad we can count on well-groomed voices to guide us through to the next day.

    Even tho the DVD using community might win in some DeCSS case, can we expect the larger tide of individual rights to turn in our lifetimes? How is it that the ideal of shared abundance seems so far off? Could the excesses of the Nazi regime be a more general phenomenon associated with the infrastructure of industrial resource harvesting?

  146. Um, no. by brlewis · · Score: 1

    Only if there are conspicuous terms on the outside the box, is there any case for the existence of a contract other than standard contract of sale. Even with conspicuous terms on the outside it's debatable.

  147. Letter I just sent to the CA Attorney General by Dominic_Mazzoni · · Score: 1

    Mail form where you can send your own letter

    I would like to comment on statements that California Attorney General Bill Lockyer made in a recent court case where he is quoted as saying that "DeCSS is a burglary tool".

    I am strongly opposed to copyright infringement and I applaud the California Attorney General for doing everything possible to stop both large-scale and small-scale piracy of media, whether digital or otherwise.

    But I would ask that the Attorney General please make a distinction between software tools, which can generally be used for both legal and illegal actions, and the actions which are themselves illegal.

    I should note at this point that I have a Master's degree in Computer Science from Carnegie Mellon University, I have experience with encryption algorithms, and I have worked in the software engineering field for many years.

    DeCSS is a program that decrypts the data stored on a DVD movie. Every DVD player, hardware and software, contains a program functionally identical to the one known as DeCSS. The difference is that all commercial DVD players contain a program (or derivative program) that was originally written by members of the DVD consortium who came up with the format in the first place. DeCSS was written in a "clean room", by talented computer programmers who figured out how the encryption on a DVD works without access to any secret information.

    Note that this "reverse engineering" is very common in the field and is completely legal. It's the equivalent to a Ford technician opening the hood of a Honda and studying how the engine works to see how they got such good performance.

    DeCSS has many legal uses. The most obvious one is that it lets amateur programmers write their own DVD players, to play the DVD movies that they already own. Some may want to do this so that they can watch DVDs on their favorite operating system that is not supported by any commercial software yet (like Linux), and others may want to build new innovative portable DVD players.

    DeCSS is not even necessary to make copies of a DVD! You can make a perfect copy of a DVD simply by copying all of the data encrypted. It does not require decrypting the data to make a copy, any more than it is necessary to understand French for me to make a photocopy of a book written in French.

    It is true that DeCSS can be used to share DVD movies over the Internet in a different format (usually smaller size) than the original. However, in this case, DeCSS is one of about a dozen separate software programs that are all involved in the process. It just so happens that in the special case of DVDs, DeCSS was the only missing piece of the puzzle that didn't exist before. But there is nothing about DeCSS that makes it, in and of itself, illegal.

    As a computer programmer, I am very concerned at the idea that a program can be labeled as illegal, when it has many legal uses. This threatens to have a chilling effect on the software industry. It's like owning a knife - it can be used for good or for evil. Owning the knife is not illegal, using it to kill someone is.

    [Slashdotters: sorry if some of my analogies aren't that good. Feel free to pick them apart, but if you do, please suggest better ones, and I'll use the best I'm aware of in the future when discussing this with friends. Also, if you're complaining, show me the letter YOU wrote...no? I thought so.]

    1. Re:Letter I just sent to the CA Attorney General by Anonymous Coward · · Score: 0

      Your comments are well taken. But I think you missed the point that this isn't about "truth". It is about power and control. By characterizing the software in these colorful and obviously incorrect manner, Lockyer is simply attempting to villify and marginalise teh DeCSS software.

      Lockyer clearly feels little regard for truth adn justice. But he is not stupid. I would not call him crafty either. Adjectives that come to mind include vile, deceitful, manipulative. He is clearly not out for justice, he is out for a win and is willing to debase himself in order to get it.

      I doubt the judges will be taken in by anything he says. Yet, there is an adgenda and a considerable amount of vested interests at stake here. So who knows how the judges will rule.

      Pointing out that the reasoning is incorrect is ok, but I think we have to realise that what is going on is closer to an inquisition than to a trial. If the court goes along with these clearly vapid arguments then they will have demonstrated that just like a prostitute, they can be bought.

  148. Re:Doesn't it seem odd... Going in reverse order by Anonymous Coward · · Score: 0

    Once again, suppressive fire doesn't require much accuracy. Neither does firing into a mob. Give someone a large enough target, or downplay the importance of actually hitting anything specific, and it doesn't matter whether you're firing from the shoulder or the hip. Except that the hip lets you sweep back and forth quickly.

    You seem to get your firearms knowledge (or rather, the lack thereof) from watching movies. No army now, or has ever, trained soldiers to "fire from the hip", nor would a pistol grip make such firing easier (if anything, it would become nearly impossible with a pistol grip).

    Yes, and some are made to cycle faster than others, thus allowing someone to pump out more shots more quickly even without modifying the weapon

    The other posters are right; you are an idiot. The lock time of semi-autos today are no better than guns more than 100 years old.

    You wanna be a soldier? Join the military. The rest of us don't want to deal with your friendly fire.

    Figures. You're just a damned communitarian who thinks the only time people should be allowed to exercise their rights is when they serve the state. Your kind killed more people last century than the rest of all other tyrants in history.

  149. what about VHS by Anonymous Coward · · Score: 0

    Do they ever whine and moan in court about how many VHS copies of movies have been recorded off the air and then distributed to friends/family. sheesh.

  150. Re:Doesn't it seem odd... Going in reverse order by Anonymous Coward · · Score: 0

    I'm done being nice.

    You've never been nice. You just went from being an idiot to being an asshole.

    You have rights in this society. Those rights may be exercised UNTIL they begin to infringe on the rights of others. Meaning, (to put it in terms your fundamentally underdeveloped and hormone poisoned brian can understand) your right to swing your fist ends at my nose.

    Your tiny little brain still can't grasp the concept that banning someone else's property just because of what they might potentially do with it is called prior restraint, and is fundamentally incompatible with liberty. But you wouldn't know about that, because you don't even have a clue about what freedom even means.

    If you think you need these weapons, you can't be trusted with them

    Tyrant wannabee. Your way of thinking had its reign last century. You and your kind are on the way to the ash-heap of history.

    Actually they can be quite effective... if you have specific training in how to use them and have sufficient cover. Oh, and if you AREN'T facing APC's and tanks. News flash.... Rambo's a myth. Yes yes, I know that's hard to understand and totally devastates your self-image.... but it's true. Charge a tank brandishing a machine gun, and you're going to die

    Just because you're too stupid to realize that insurgency warfare isn't fought against an enemy's strengths, but their weaknesses, doesn't mean the average resistance member is anywhere near as stupid as you are. In such warfare, the military isn't even a target. You know nothing, and sadly your ignorance is so vast that you can't grasp how lacking your mind is.

    You can show force just as well with a Glock as you can with an AK. If you need 30 shots to kill someone, you can't be trusted with a gun

    The Korean shopkeepers aren't as bloodthirsty as you are. Like most decent people, they just wanted to protect their lives and property. The AKs let them do that, giving them an easily recognized (and somewhat feared) weapon to brandish, as well as a magazine capacity sufficient to allow warning shots.

    And your attitude again clearly shows you can't be trusted with firearms. You don't have the right attitude. You don't 'intimidate' people with a gun. Have you ever even taken a basic gun safety course? They could be stopped with a revolver. 'Hi everybody. See that guy that's approaching me with a firebomb? *BANG* Does anybody else want a nice big hole in their chest?'

    Again, you show that you're much more bloodthirsty than the Koreans with the AKs were. They used their guns responsibly. You just seem to want an excuse to kill people; or worse, create situations where that's the only alternative for others to their being a victim.

    You do not point a weapon at anything you don't intend to kill. Ever. That's just about the most basic rule there is.

    More bloodlust from your deranged mind. You should never point a gun at something you're not willing to kill, but there's a big difference from "willing" and "intend". The Korean grocers with the AKs were far more wise than you; they were able to avoid bloodshed (both their own as well as those threatening them) merely by brandishing their rifles. Just like most of the millions of defensive uses every year where guns are used, the guns were able to serve their defensive purpose without bloodshed.

    Your irrational acceptance of NRA propaganda has your brain so warped that you automatically assume that anyone who feels you don't have the right to own any sort of weapon that makes you feel like your penis is more than two inches long is a rabid anti-gun nut. I'm anything but, let me assure you.

    Liar. Your statements in the various posts prove that you know almost nothing about guns (posting about such stupid non-topics as "hip-firing" and other nonsense) and that you want to ban what you know nothing about. You quite clearly are a rabid anti-gun nut. The further pro

  151. Analogie by robi2106 · · Score: 1

    Holy rusted metal Batman! I think you finally gave me an illustration that I can use when explaining this sort of stuff to friends!

    Thanks for the thought and work on that!

    robi

    1. Re:Analogie by MooseGuy529 · · Score: 1

      Agreed, wonderful post!

      --

      Tired of free iPod sigs? Subscribe to my blacklist

  152. That's all it takes? Really? (Re:Hrmm) by kilroy_hau · · Score: 1

    Your agreement to those terms is sealed when you promise to pay $20 for that DVD, and then do so.


    What if I slip a note an my $20.00 stating "By accepting this money you agree to give me one DVD for every movie produced in the future"

    By your reasoning, the agreement of the movie producers is sealed when they accept the money. It goes both ways or no way at all.

    --


    Kilroy was here!
  153. Re:Doesn't it seem odd... Going in reverse order by Taldo · · Score: 1
    Ok, whatever it is you're smoking, quit.

    You seem to get your firearms knowledge (or rather, the lack thereof) from watching movies. No army now, or has ever, trained soldiers to "fire from the hip", nor would a pistol grip make such firing easier (if anything, it would become nearly impossible with a pistol grip).

    Are you stoned, stupid, or just not paying attention?

    It ALLOWS you to fire from the hip, which in some cases is an advantage. (Such as trying to make people keep their heads down, or firing into a mob.) Strawmen are easy to knock down, but they don't prove your point.

    The other posters are right; you are an idiot. The lock time of semi-autos today are no better than guns more than 100 years old.

    When it's intentionally limited, yes. Not all are.

    Figures. You're just a damned communitarian who thinks the only time people should be allowed to exercise their rights is when they serve the state. Your kind killed more people last century than the rest of all other tyrants in history.

    And you pulled this out of where?

    Let me rephrase for those who have trouble hearing through the chip on their shoulders. If you want to play with military weapons, go join the military. The rest of us don't want to deal with the consequences of your incompetence.

  154. It's none of their business what I do with the DVD by charlie763 · · Score: 1

    If I buy a DVD, I physically own the media that it is printed on. Weather I throw it off a cliff, wear it as a hat or shoot a L.A.S.E.R. at it to read the bits is none of anyone elses biznatch.

    --
    Welcome to the land of the free...pay toll ahead...no photography...please open your bag...
  155. A Catch 22 - Would hurt M$oftA by simon_aus · · Score: 1

    A legislative dilemma for the US Congress?

    --
    Stopping myself...Abort (core dumped)
  156. Re:Doesn't it seem odd... Going in reverse order by Anonymous Coward · · Score: 0

    It ALLOWS you to fire from the hip, which in some cases is an advantage. (Such as trying to make people keep their heads down, or firing into a mob.) Strawmen are easy to knock down, but they don't prove your point

    No, it does not allow you to fire from the hip; a pistol grip makes it HARDER to fire from the hip. You seem to know as little about ergonomics as you do firearms. Place your arm down next to your hip. What position is it in? Now try to rorate your wrist the nearly 90 degrees forward it would take to hold a pistol grip from there. So do you understand now, or are you "stoned, stupid, or just not paying attention?".

    When it's intentionally limited, yes. Not all are

    You still don't seem to understand. Semi-autos from over a hundred years ago could fire just as fast. For semi-autos, the only relevant issue is how fast you can pull the trigger. The human finger hasn't changed significantly in tens of thousands of years. As for your "intentionally limited" comment, I don't think you even know what lock time means.

    And you pulled this out of where?

    Let me rephrase for those who have trouble hearing through the chip on their shoulders. If you want to play with military weapons, go join the military.


    Sorry, I didn't realize you were so ignorant that you didn't know who you were paraphrasing:

    "Germans who wish to use firearms should join the SS or the SA. Ordinary citizens don't need guns, as their having guns doesn't serve the State." -Heinrich Himmler

  157. is it a crime? by samantha · · Score: 1

    If I buy something that the manufacturer has burdened with various unrequested locks and restraints from actually being used by me, is it a crime if I break said restraints? The law today says that it is. But it is the law that is wrong not the action. Hopefully this case will end with this being affirmed. But whether it ends that way or not the truth of what is and is not reasonbale remains.

  158. Just like Gail Thackaray... by yroJJory · · Score: 1

    An unsupervised teenager with a modem is as dangerous as an unsupervised teenager with a gun.

    --
    Jory
    1. Re:Just like Gail Thackaray... by Anonymous Coward · · Score: 0
      And an ignorant statistic is more dangerous than a gun in the hands of that teenager.

  159. So much for Lockyer by yroJJory · · Score: 1

    I won't vote for that asshole every again.

    --
    Jory
  160. GREAT! by Sj0 · · Score: 1

    GREAT! Now that we don't need to follow the laws of reality anymore, let's go CRAZY!

    Eminems hair is a crime against humanity.

    The last star wars movie was a murder weapon.

    Brittany Spears is a used crack needle!

    Kangaroo Jack is a tool for Treason!

    Princess Mononoke is a terrorist tool used by the CIA to spy on the japs!

    --
    It's been a long time.
  161. except by _avs_007 · · Score: 1

    Most software publishers don't make you aware of these terms until AFTER you bought the thing. So one would think that sales doctrine would apply, and say that since no contract was presented AT TIME OF PURCHASE, than the purchase is NOT bound by any contract.

  162. contract by _avs_007 · · Score: 1

    By reading this post, you agree to mail $500.00 by registered mail to...

  163. or by _avs_007 · · Score: 1

    Just have your kid by the DVD and install all your software, since you cannot enter into a contract with a minor ;)

    1. Re:or by The+Analog+Kid · · Score: 1

      Actually a minor can enter a contract, but have the ability to dissolve it at anytime.

  164. more contracts by _avs_007 · · Score: 1

    By posting comments that I mispelled "buy", you hereby agree to mail $50 to me for being a nitpicking sob....

    By pointing out I should've used the preview button, you hereby agree to mail $1000 to me for making me look like an arse....

  165. If DeCSS is illegal... by Plissken · · Score: 1

    If DeCSS is illegal because it allows you to watch css encrypted movies, wouldn't that mean that ANY DVD playback software is illegal due to the fact that they can play back ENCRYPTED CSS DVDS. Therefore, ANYTHING that can playback CSS Encrypted movies, is ILLEGAL!

  166. Find an alternative to Lockyer for governor by Anonymous Coward · · Score: 0

    What I wonder is why everyone is kvetching and moaning, preaching to a choir that's already converted. Of course Lockyer is wrong! Why aren't we finding a Democratic candidate with viewpoints more in tune with consumer rights and fair use to run against him in the next primary? Lockyer is planning to be the Democratic gubernatorial candidate for 2006. Wake up and send a message, before you have to choose between Lockyer and an even worse Republican candidate.

    (I'm assuming that no Republican candidate would ever take a pro-DeCSS position, though I'd love to be proven wrong.)

  167. The Next Presidential Address: by A_Non_Moose · · Score: 1

    states they are looking for DeCSS which is a "Weapon Of Mass Destr^H^H^Hcryption".

    (God help us all if it comes to that)

    --
    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  168. Looking at statistics... by Kjella · · Score: 1

    Estimated ppl online in 2002: About 600 million. 350K*365/600M = 0,22 1CD rips per person per year. Granted, lots and lots of people are on modem and would be flatlined at 0 CDs. However, knowing how some people with broadband downloads dozens of rips each year, I don't think the number is that far from the truth. Particularly if you count any traffic with a public IP address, such as University and College campuses.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  169. OT: ACLU by i_am_nitrogen · · Score: 1

    Wouldn't it be nice if the ACLU was as politically powerful as the NRA?

    No, because the ACLU frequently takes cases/causes that are based on bogus claims.

    Consider one case, where a woman left her church because her son was abused by a grossly misbehaving member of that church. The ACLU then steps in, and a lawsuit is filed for three million dollars, stating that the church did not live up to its responsiblity to keep the man away from her son, also stating that the man was a high official in the church, when he was just another member. In fact, the woman had invited the man to stay at her house! Note that I may be incorrect on some of the details of this case, but the general idea is the same.

    Another case: in Salt Lake City, the LDS church purchased a small street that borders Temple Square to create a safer environment for pedestrians visiting the square. The ACLU then decides to argue that the LDS church is violating free speech (!) by not allowing protestors to harass pedestrians while on the LDS church's private property! There is still plenty of public sidewalk outside of the church's private property where protestors can gather.

    So you see, while the ACLU does much good, it also does much bad. It is a lot like most other political organizations. No organization should have significant political power over any other.

  170. what the &$%* by Anonymous Coward · · Score: 0

    How the F&*$ is it stealing if you own the DVD and have a DVD drive and you want to play the DVD you bought for F$%#@ing $18.00 on a God Damn Linux Box This shit just pisses me off. I swear this has gotta be the most stupid shit I have ever heard of. Remember Janes Addiction "Some people should die, Thats just unconscious knowledge"

  171. Nobody uses DeCSS anymore by Anonymous Coward · · Score: 0

    DeCSS is obsolete, there are MUCH BETTER tools today, in Linux, Windows and MacOS

  172. Bad Windows software forced me to use DeCSS by Anonymous Coward · · Score: 0

    I bought a DVD player, fully intending to use it with the Windows player software it included, called Win DVD.

    But the disc was either badly pressed or Win98 incompatible, and wouldn't work. Then I downloaded two other shareware players, and they kept crashing.

    So then I rebooted to Red Hat 8, installed Xine, dropped in a certain library (I don't think I need to say which one) and it worked like a dream !!!

    (After I deleted GXine, that is, and switched to XineUI )