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DeCSS Loses Free Speech Shield

JohnGrahamCumming writes "BusinessWeek/CNET is reporting that the California Supreme Court has ruled that 'a Web publisher could be barred from posting DVD-copying code online without infringing on his free speech rights.' They also say that 'the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case.'" According to the article, this "...overturned an earlier decision that said blocking Web publishers from posting the controversial piece of software called DeCSS, which can be used to help decrypt and copy DVDs, would violate their First Amendment rights."

613 comments

  1. Trade secret case depends on Norway by Euphonious+Coward · · Score: 5, Interesting
    The original decision was based on a biased assumption that the original reverse-engineering and publication were illegal in Norway. At last report the Norwegian court had rejected that assertion. Norwegian law specifically forbids anti-reverse-engineering clauses in contracts. The confused or arm-twisted Norwegian prosecutors said they meant to ask for a re-trial. I haven't seen any news about results of that re-trial, if any.

    The "knew or should have known" test should not have been applied to the original trade-secret violation case. It appears that not even Norway's prosecutor "knows", and its court certainly thinks not. How would some kid who's never been there be expected to "know"? The only outcome that would not embarrass California's courts any further would be to decide that there was no remaining trade secret at the time of the original filing.

    1. Re:Trade secret case depends on Norway by anthonyrcalgary · · Score: 5, Insightful

      It doesn't matter. The DeCSS code is everywhere now.

      But the implications are worrying.

      --
      When someone might yell at me, it has to be OpenBSD.
    2. Re:Trade secret case depends on Norway by EinarH · · Score: 5, Informative
      The norwegian economical crime unit appealed the case. The case is scheduled to be raised again in a new court in December.
      But they might decide to drop the whole case because the possibility for failure.

      The case will anyway only (in Norway) be off historical interest since Norway anyway probably will addopt the new Infosoc directive from EU planned to take affect from January 2004.

      But the way it is today, Johansen is not sentenced for anything and per se not guilty according to Norwegian laws.

      --

      Melius mori in libertate quam vivere in servitute.

    3. Re:Trade secret case depends on Norway by buford_tannen · · Score: 1, Insightful

      The Infosoc directive sounds ominously like "Ingsoc", from Orwell's 1984.

      Coincidence? I think not!

      --
      Buford "Mad Dog" Tannen
    4. Re:Trade secret case depends on Norway by Squareball · · Score: 3, Interesting

      True, but I wonder, what would happen if the code was split up into say 3 sections. Is a web publisher allowed to publish "some" of the code? Since part of the code doesn't work all by it's self. So then some people publish part 1, others part 2, and others part 3. Do a google search and get all 3 parts, cut and paste, and bam, you have DeCSS now. I wonder how they could stop that on legal grounds. but IANAL of course :)

    5. Re:Trade secret case depends on Norway by Jace+of+Fuse! · · Score: 2, Insightful

      How about only two parts?

      As I understand the code (since last looking at it) there was some code, and some tables. If the data tables were stored on one site, and the code itself on another, is it complete enough to be in violation?

      How about two different files on the same site?

      --

      "Everything you know is wrong. (And stupid.)"

      Moderation Totals: Wrong=2, Stupid=3, Total=5.
    6. Re:Trade secret case depends on Norway by solman · · Score: 2, Interesting

      Why is Norway obliged to adopt EU directives if they are not part of the EU?

    7. Re:Trade secret case depends on Norway by Anonymous Coward · · Score: 0

      Sorry for sounding like a n00b - but do you have some more info on what the infosoc directive actually entails? Call me lazy but I really would like a copy of "Infosoc for Dummies" instead of wading through the piles of legalese that come up when I do a search on google.

      What I do know though is that right now they're holding hearings on the EUCD. There are representatives from EFN (Norway's equivalent of EFF) there, and from their preliminary response they make a convincing case against adopting the EUCD as it is right now. EFN's preliminary stance can be read here (sorry, Norwegian only):

      http://www.efn.no/eucd-norge.html

    8. Re:Trade secret case depends on Norway by flyneye · · Score: 1

      Not to mention of course that the left of democrat state of Calicornia WOULD put business before a Constitutional right guaranteed to all irregardless of what a pathetic state sup-court run by your stereotypical lefty moron put in place by the proliferation of career activists and special needs minorities.(hahahaha I CAN say that all in one breath)No discourtesy meant to any REAL people who just happen to have state citizenship through whatever misfortune.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    9. Re:Trade secret case depends on Norway by Jerf · · Score: 1

      The "knew or should have known" test should not have been applied to the original trade-secret violation case. It appears that not even Norway's prosecutor "knows", and its court certainly thinks not. How would some kid who's never been there be expected to "know"?

      "Ignorance of the law is not a defense."

      I say this to highlight how absurd that statement has become in an era where coming to a full understanding of the law that affects us every day would take more then a lifetime, literally.

    10. Re:Trade secret case depends on Norway by magores · · Score: 1

      I have the DeCSS code on the back of a t-shirt.

      IMHO, this is as much a protected form of speach as:
      -a white-robed KKK guy, or a
      -stripper in a US flag thong, or a
      -guy with a "Suspected Terrorist" button, or a
      -car with an "Abortion is Murder" bumper sticker ....

      Free Speach is great when you agree with the message. It's even more relevant when you don't.

    11. Re:Trade secret case depends on Norway by anthonyrcalgary · · Score: 2, Insightful

      Preaching to the choir, man. :)

      (Un?)fortunately, as hackers our favorite way to combat this stuff is to a) write a program so slick that it's impossible to stop, or b) shake our fists at the sky with dramatic readings of source code and t-shirts and so forth.

      There need to be lawsuits. The ACLU doesn't do everything right, but they'll go all out for what they believe in and they'll do it in court. Unfortunately, that's how it works in the US.

      --
      When someone might yell at me, it has to be OpenBSD.
    12. Re:Trade secret case depends on Norway by gustavf · · Score: 2, Informative

      Norway is part of the European Economic Area. See article at Wikipedia.

    13. Re:Trade secret case depends on Norway by Anonymous Coward · · Score: 0

      Infosoc is basicly the same thing as EUCD, thats how I understand it.

  2. The solution by captainclever · · Score: 5, Insightful

    Don't host it on a website.. in the US.

    There are plenty of other countries that don't have such a crazy legal system.

    --
    Last.fm - join the social music revolution
    1. Re:The solution by silicon_id · · Score: 2, Interesting

      Art or Subversion? The real solution is not to stand for stooges on the take sell our freedoms to the corporations.

    2. Re:The solution by Anonymous Coward · · Score: 2, Funny

      A better solution would be to write in complete sentences.

    3. Re:The solution by Jason1729 · · Score: 2, Informative

      Even if you host it on a website outside the US, you are still legally responsible and well within reach of the US authorities. Sure it might make it harder to link the site to you, but once the link is made, the fact that it's hosted offshore won't provide any legal defense.

      Jason
      ProfQuotes

    4. Re:The solution by MunchMunch · · Score: 5, Interesting
      "Don't host it on a website.. in the US. There are plenty of other countries that don't have such a crazy legal system."

      That's not so much a 'solution' as a 'quick-fix.'

      For how long will it work? Really, with the EU and the WIPO both following the disturbing trends in the US, its not very likely that safe havens from the current American copyright regime will exist for long.

      On the contrary, when the issue is lost here, at least in the current international climate, the world has no choice but to listen--and the being complacent and hosting on outside servers instead of fighting it simply gives these absurd copyright laws more time to become 'written in stone' so to speak in US law. Remember Eldred v Ashcroft? During oral arguments, the soon-to-be majority opinion Justices kept bringing up the question, as though it were a justification, of "why haven't copyright extensions been challenged before?" The longer these laws stay on the books, the harder its going to be to find respite from them in any country.

    5. Re:The solution by LloydSeve · · Score: 2, Informative

      Unfortunately that is not completely accurate.

      Our legal system has already tested it's power
      abroad. Anyone offering our citizens something
      that is illegal in this country can be tried in the US.

      As well, if you are a US citizen, and are
      currently living in the US, you can not host a
      website on a, say Australian server, that hosts
      content that is illegal in the US, since you
      yourself are uploading the data from the
      US as an origin.

    6. Re:The solution by Anonymous Coward · · Score: 0

      "Even if you host it on a website outside the US, you are still legally responsible and well within reach of the US authorities."

      Why? Whats the precedent? Say it was posted in the UK for example?

    7. Re:The solution by Anonymous Coward · · Score: 0

      Our legal system has already tested it's power abroad.

      Please give me one example where this has been tested. I'm not doubting you, but I can't find any examples of this myself and I'd like to know more about how they actually get this to trial.

      you can not host a website on a, say Australian server, that hosts content that is illegal in the US, since you yourself are uploading the data from the US as an origin

      Whoa. Seems like jumping to conclusions there. If I'm a USAian and I have a server in Australia, I can fetch my content from ANYWHWERE on the internet, putting it directly on my Australian server. Example... Some binaries or source code I'd like to publish from my Aussie server are to be found in the Czech Republic. I ssh to the Aussie server and write a script to wget that content with a cron job. I log out. The script runs, unattended, non-interactively on the Aussie server, fetching the content from the Czech Republic. What's the problem? (From a USAian law point of view.)

    8. Re:The solution by Anonymous Coward · · Score: 0

      >Why? Whats the precedent? Say it was posted in the UK for example?

      If you are a US citizen, and are in the US when uploading the files, there's plenty of precedent.

    9. Re:The solution by captain_craptacular · · Score: 1

      All you did is abstract the crime. That like saying that if instead of killing you, I build a robot and program it to kill you at some convenient time when I won't be around. I'd still be held accountable for your death.

      By your logic, people who hire hitment wouldn't be liable for the crime of murder, because after all, they didn't do it...

      The idea is that you willfully and purposefully set in motion a chain of actions that you KNEW at the time would result in the breaking of the law. Therefore you are guilty of any laws broken by said chain of actions on your behalf.

      --
      They who would give up an essential liberty for temporary security, deserve neither liberty nor security
    10. Re:The solution by Anonymous Coward · · Score: 0

      If you are a US citizen, and are in the US when uploading the files, there's plenty of precedent.

      Only a small minority of people are US citizens or are in the US so this is hardly a major issue. The fact that these sorts of laws look set to spread to other jurisdictions is a much more worrying point.

    11. Re:The solution by imbaczek · · Score: 1

      With a little bad luck, there will be less: EU and software patents.

      So what if it's offtopic :P It still pisses me off.

    12. Re:The solution by Anonymous Coward · · Score: 0

      So you all won't complain when I set up a mirror and take resonable steps to block all visitors from the United States based on IP range? Good good.

    13. Re:The solution by Anonymous Coward · · Score: 1, Interesting

      The idea is that you willfully and purposefully set in motion a chain of actions that you KNEW at the time would result in the breaking of the law.

      There is a circular logic in your argument that assumes he still broke the law. In reality, all he has done is transfer data from one place to another, completely outside the jurisdiction of the United States and that data never crossed the border into the U.S.

      The argument appears to be that it would be illegal to upload data to a non-U.S server from the U.S simply because that data was illegal when you uploaded it from inside the U.S. If you didn't upload it from the U.S, how could it be illegal in the U.S?

    14. Re:The solution by Mikeytsi · · Score: 1

      How about don't host it on a website,.. in California. This is the CALIFONRIAA Supreme court, not the SCOTUS.

      --
      I've been called a "Fucking Dick" by better people than you.
    15. Re:The solution by dillon_rinker · · Score: 1

      It's east to legally share trade secret/NDA content in the US!

      1. Store the info on your broadband-connected XP box at home.
      2. ??? (who knows what those crazy script kiddies will do?)
      3. Information is free!

    16. Re:The solution by Anonymous Coward · · Score: 1

      > Not on the internet, Eurotrash.

      Don't be so arrogant. Only a moron would believe that most people on the internet are in the US.

    17. Re:The solution by Anonymous Coward · · Score: 0

      /* Slashdot is in the US, isn't it? */

      /* css_unscramble.c : unscrambling function
      Copyright (C) 1999 Derek Fawcus

      This program is free software; you can redistribute it and/or modify
      it under the terms of the GNU General Public License as published by
      the Free Software Foundation; either version 2 of the License, or
      (at your option) any later version.

      This program is distributed in the hope that it will be useful,
      but WITHOUT ANY WARRANTY; without even the implied warranty of
      MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
      GNU General Public License for more details.

      You should have received a copy of the GNU General Public License
      along with this program; if not, write to the Free Software
      Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111, USA.
      */

      unsigned int CSSt0[11] = { 5,0,1,2,3,4,0,1,2,3,4 };

      unsigned char CSSt1[256]= {
      0x33,0x73,0x3b,0x26,0x63,0x23,0x6b,0x76,0x3e,0x 7e,0x36,0x2b,0x6e,0x2e,0x66,0x7b,
      0xd3,0x93,0xdb, 0x06,0x43,0x03,0x4b,0x96,0xde,0x9e,0xd6,0x0b,0x4e, 0x0e,0x46,0x9b,
      0x57,0x17,0x5f,0x82,0xc7,0x87,0xc f,0x12,0x5a,0x1a,0x52,0x8f,0xca,0x8a,0xc2,0x1f,
      0 xd9,0x99,0xd1,0x00,0x49,0x09,0x41,0x90,0xd8,0x98,0 xd0,0x01,0x48,0x08,0x40,0x91,
      0x3d,0x7d,0x35,0x24 ,0x6d,0x2d,0x65,0x74,0x3c,0x7c,0x34,0x25,0x6c,0x2c ,0x64,0x75,
      0xdd,0x9d,0xd5,0x04,0x4d,0x0d,0x45,0x 94,0xdc,0x9c,0xd4,0x05,0x4c,0x0c,0x44,0x95,
      0x59, 0x19,0x51,0x80,0xc9,0x89,0xc1,0x10,0x58,0x18,0x50, 0x81,0xc8,0x88,0xc0,0x11,
      0xd7,0x97,0xdf,0x02,0x4 7,0x07,0x4f,0x92,0xda,0x9a,0xd2,0x0f,0x4a,0x0a,0x4 2,0x9f,
      0x53,0x13,0x5b,0x86,0xc3,0x83,0xcb,0x16,0 x5e,0x1e,0x56,0x8b,0xce,0x8e,0xc6,0x1b,
      0xb3,0xf3 ,0xbb,0xa6,0xe3,0xa3,0xeb,0xf6,0xbe,0xfe,0xb6,0xab ,0xee,0xae,0xe6,0xfb,
      0x37,0x77,0x3f,0x22,0x67,0x 27,0x6f,0x72,0x3a,0x7a,0x32,0x2f,0x6a,0x2a,0x62,0x 7f,
      0xb9,0xf9,0xb1,0xa0,0xe9,0xa9,0xe1,0xf0,0xb8, 0xf8,0xb0,0xa1,0xe8,0xa8,0xe0,0xf1,
      0x5d,0x1d,0x5 5,0x84,0xcd,0x8d,0xc5,0x14,0x5c,0x1c,0x54,0x85,0xc c,0x8c,0xc4,0x15,
      0xbd,0xfd,0xb5,0xa4,0xed,0xad,0 xe5,0xf4,0xbc,0xfc,0xb4,0xa5,0xec,0xac,0xe4,0xf5,
      0x39,0x79,0x31,0x20,0x69,0x29,0x61,0x70,0x38,0x78 ,0x30,0x21,0x68,0x28,0x60,0x71,
      0xb7,0xf7,0xbf,0x a2,0xe7,0xa7,0xef,0xf2,0xba,0xfa,0xb2,0xaf,0xea,0x aa,0xe2,0xff
      };

      unsigned char CSSt2[256]= {
      0x00,0x01,0x02,0x03,0x04,0x05,0x06,0x07,0x09,0x 08,0x0b,0x0a,0x0d,0x0c,0x0f,0x0e,
      0x12,0x13,0x10, 0x11,0x16,0x17,0x14,0x15,0x1b,0x1a,0x19,0x18,0x1f, 0x1e,0x1d,0x1c,
      0x24,0x25,0x26,0x27,0x20,0x21,0x2 2,0x23,0x2d,0x2c,0x2f,0x2e,0x29,0x28,0x2b,0x2a,
      0 x36,0x37,0x34,0x35,0x32,0x33,0x30,0x31,0x3f,0x3e,0 x3d,0x3c,0x3b,0x3a,0x39,0x38,
      0x49,0x48,0x4b,0x4a ,0x4d,0x4c,0x4f,0x4e,0x40,0x41,0x42,0x43,0x44,0x45 ,0x46,0x47,
      0x5b,0x5a,0x59,0x58,0x5f,0x5e,0x5d,0x 5c,0x52,0x53,0x50,0x51,0x56,0x57,0x54,0x55,
      0x6d, 0x6c,0x6f,0x6e,0x69,0x68,0x6b,0x6a,0x64,0x65,0x66, 0x67,0x60,0x61,0x62,0x63,
      0x7f,0x7e,0x7d,0x7c,0x7 b,0x7a,0x79,0x78,0x76,0x77,0x74,0x75,0x72,0x73,0x7 0,0x71,
      0x92,0x93,0x90,0x91,0x96,0x97,0x94,0x95,0 x9b,0x9a,0x99,0x98,0x9f,0x9e,0x9d,0x9c,
      0x80,0x81 ,0x82,0x83,0x84,0x85,0x86,0x87,0x89,0x88,0x8b,0x8

    18. Re:The solution by agurkan · · Score: 1

      If you are a US citizen, and are in the US when uploading the files, there's plenty of precedent.
      what's in dispute is not uploading the file. could it be illegal to link to the file on your website? it is not up/downloading.

      --
      ato
    19. Re:The solution by shaitand · · Score: 1

      Are you intentionally ignoring the fact that most of the world's population is NOT in the US themselves and therefore STILL out of the reach of the US? Or are you so far gone you automatically ignore the vast majority of the people on this planet?

    20. Re:The solution by RALE007 · · Score: 1
      what's in dispute is not uploading the file. could it be illegal to link to the file on your website? it is not up/downloading.

      Where the fsck have you been? Go ask 2600.

      --
      Beware blue cats moving at .99c
    21. Re:The solution by Anonymous Coward · · Score: 0

      anyone have a server co-loed in sealand?

    22. Re:The solution by paganizer · · Score: 1

      ...And are you intentionally ignoring the fact that NO ONE on the planet is safe from the Bush / Ashcroft / Cheney triumvirate?
      Lets see; if you are a normal person in Mainland china, I could see you getting away with very publicly thumbing your nose at the New World Order; If you were a member of the ruling Elite of a couple of other places, say, India, Russia or possibly Saudi Arabia, I could see you getting away with it.
      But everyplace else? If they want you, and you aren't vital to them (or possibly a European Royal) you are SCREWED; it wouldn't be a smart move on the part of your government to piss off "The Sleeping Giant" or as I like to call us, "The People that are hated almost as much as the French".

      --
      Why, yes, I AM a Pagan Libertarian.
    23. Re:The solution by Snaller · · Score: 2, Funny

      Don't host it on a website.. in the US.

      There are plenty of other countries that don't have such a crazy legal system.


      Which only lasts until America decides to "liberate" the country...

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    24. Re:The solution by Anonymous Coward · · Score: 0

      "The world has no choice but to listen"? Are you kidding?

    25. Re:The solution by Anonymous Coward · · Score: 0

      Hmm... I wonder if Bill G saw the need for this years ago. Yes, that must be the real reason that Microsoft products are so unsecure... Because a certain level of insecurity in govenrment data systems is absolutely vital for freedom. In reality, B.G. is a hero, a super hero even !

      "For Freedom ! CRASH !"

      "I am the business-suited warrior of freedom and justice ! In the name of Windows, your data will be posted to the Internet ! BUFFER OVERFLOW CRASH !!!" - Sailor B, coming to your email any day now...

    26. Re:The solution by Richardsonke1 · · Score: 1

      That's quite an interesting point. Now, is slashdot guilty of posting the code because it is on their site? Will slashdot break their policy of never deleting posts? We shall see...

      --
      "Men lie."
      "Yeah, about sleeping with other women, but never about bioluminescent plankton."
      -Dan Brown
    27. Re:The solution by Anonymous Coward · · Score: 0

      I run a minor website; I get traffic from about 60 countries but around 50% is from .com, .net, and .edu TLDs.

    28. Re:The solution by Jason1729 · · Score: 1

      First, I was talking about an american uploading it to an off-shore account. They would certainly be held accountable to US laws.

      Second, even if a non-American did it, the US would still consider it within their right to arrest them if they visit the US. Just ask Dmitry Sklyarov.

      Jason
      ProfQuotes

  3. Oh shit! by briancollins · · Score: 2, Funny

    So this means we're going to have to buy the DVDs? nope.

  4. Goodbye free speech! by Anonymous Coward · · Score: 1, Funny

    People will miss you! Hey, we have some nice places here in Europe. Come join us! :)

    1. Re:Goodbye free speech! by Anonymous Coward · · Score: 0

      Yeah, I hear there's lots of spare housing in France all of a sudden...

      What are the estimates, 10,000+ elderly are dead in the heatwave? Whew, there hasn't been a purging of such a large segment of their "undesirable" population in 60 years...

  5. What is this DeCSS? by FreeLinux · · Score: 1

    Could someone post a link to it? I'd like to know what it is. :)

    1. Re:What is this DeCSS? by N8F8 · · Score: 5, Informative

      OK: decss.c

      --
      "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    2. Re:What is this DeCSS? by xv4n · · Score: 1
      > Could someone post a link to it? I'd like to know what it is. :)
      1. >>OK: decss.c [redspike.tk]

      I think he meant it sarcastically.

    3. Re:What is this DeCSS? by Xeth · · Score: 3, Funny

      Your sig seems oddly a propos...

      --
      If your theory is different from practice, then your theory is wrong.
    4. Re:What is this DeCSS? by pyrrhonist · · Score: 1
      --
      Show me on the doll where his noodly appendage touched you.
    5. Re:What is this DeCSS? by Jugalator · · Score: 1

      Every time I see that code I'm amazed that some still believe in security by obscurity. Since that's at least what those giant arrays in the beginning look like to me. "- Nooo, they'll never figure this out, this protection scheme is great"

      --
      Beware: In C++, your friends can see your privates!
    6. Re:What is this DeCSS? by -stax · · Score: 1

      multiple nested slashdot, well you get the idea: Perl Source

    7. Re:What is this DeCSS? by mijok · · Score: 1

      Ok, here you go! Not that I know why you want to strip Cascading Style Sheet tags from HTML documents... ;)

      --
      Karma. Moderation. Is my .sig good now?
  6. No time now for detailed analysis... by Glyndwr · · Score: 5, Funny

    ... so here's a "from the gut" reaction.

    Ah, shit.

    Sometimes, the continued reporting of how our rights as consumers are being eroded makes me want to put slashdot in my barred hosts file. And then move to a cave. I'm sick of this crap, I really am.

    --
    You win again, gravity!
    1. Re:No time now for detailed analysis... by ichimunki · · Score: 4, Insightful

      rights as consumers

      I don't know about you but I'm a citizen not a consumer. I do stuff like vote and pay taxes... although I have to wonder why I bother with the former and if there are any good ways to avoid the latter. Got room in that cave?

      --
      I do not have a signature
    2. Re:No time now for detailed analysis... by chef_raekwon · · Score: 1

      the continued reporting of how our rights as consumers are being eroded

      you think this is bad -- take a look at your rights as a citizen of the USA, and tell me that you still have all those basic rights....(dept homeland security ring a bell?)

      when is the revolution? please post to slashdot, so that a Canadian version of CNN can cover 'the ground breaking news'. (that is, ofcourse, if CNN goes off the air).

      --
      We're like rats, in some experiment! -- George Costanza
    3. Re:No time now for detailed analysis... by Jaysyn · · Score: 1

      The real question is, when California implodes do all the legal rulings go with it?

      Jaysyn

      --
      There is a war going on for your mind.
    4. Re:No time now for detailed analysis... by Glyndwr · · Score: 1

      Fortunately, I'm a .uk person and so have a good three years more to enjoy before all the same sucky laws as the US have now get implemented here.

      --
      You win again, gravity!
    5. Re:No time now for detailed analysis... by Anonymous Coward · · Score: 0

      Your judges wear wigs, and send British farmers to jail for shooting buglars, so why don't you STFU about our laws. Can you even go out of your house without being filmed by the gov't? Right. At least we still have civil rights that can be eroded.

    6. Re:No time now for detailed analysis... by cshark · · Score: 1

      But it only means it can no longer be protected under free speach if it's a trade secret. There's no way anyone can claim this is a trade secret anymore. And there are still high courts in other states that haven't weighed in on this yet. At some point, the court will make the right decision. But this usually takes a couple of dacades, historically.

      --

      This signature has Super Cow Powers

    7. Re:No time now for detailed analysis... by Eric+Ass+Raymond · · Score: 2, Insightful
      British farmers to jail for shooting buglars

      What the FUCK makes you think that the law should allow every Tom, Dick and Harry to shoot burglars to death?

      Give a shout and watch the bastards running away.

    8. Re:No time now for detailed analysis... by DGolden · · Score: 2

      He said buglars not burglars.

      I'm not quite sure what a buglar is, but it sounds rather rude, and maybe one should shoot them on general principles.

      --
      Choice of masters is not freedom.
    9. Re:No time now for detailed analysis... by Henry+V+.009 · · Score: 1

      Or bludgeon you to death because you caught them. But at least you'll save some lives of those poor burglars!

    10. Re:No time now for detailed analysis... by Anonymous Coward · · Score: 0

      Dude, you break into my house by prying my door open with a crowbar, I break into your ribcage by prying it open with a hollow-point. Seems like a fair trade to me.

    11. Re:No time now for detailed analysis... by angst_ridden_hipster · · Score: 2, Offtopic

      California implode?

      Now what would lead you to think that's going to happen?

      It wouldn't be our current gubernatorial circus, would it?

      It certainly couldn't be our collection of fine thrust, subduction, and displacement faults throughout the state.

      It couldn't be the current national Administration's "fuck 'em, they didn't vote for me, so let 'em use candles!" energy policy.

      It wouldn't have anything to do with corrupt local politicians in every major city, would it?

      It doesn't have anything to do with chronic overdevelopment? Pollution? Overpopulation? Gutting of the educational system? Overwhelming domination of franchises? Precipitous decline of the middle class? Bursting of the dot-com, aerospace, and biotech bubbles? Exorbitant housing prices?

      Hm? What? What would lead you to think there's implosion danger here?

      --
      Eloi, Eloi, lema sabachtani?
      www.fogbound.net
    12. Re:No time now for detailed analysis... by Blue+Lozenge · · Score: 3, Funny
      Sometimes, the continued reporting of how our rights as consumers are being eroded makes me want to put slashdot in my barred hosts file. And then move to a cave.

      That would be a cave with a broadband connection, right? I mean... for a second there, I thought you were going a little too far.

    13. Re:No time now for detailed analysis... by Eric+Ass+Raymond · · Score: 1
      Seems like a fair trade to me.

      A life for a door. Way to go!

    14. Re:No time now for detailed analysis... by panck · · Score: 4, Insightful

      "An opinion without action is useless."

      I was listening to some NPR thing about Martin Luther King Jr. this morning, and I remember that quote. I don't know who said it, but it's true.

      It's one thing to be "sick of this crap", but unless you vote, and/or give money to a political candidate, it doesn't matter.

      Money right now, while the candidates are trying to get the nomination is especially important. More people who can hear your candidate's message are more people who will vote for him. In that sense, money translates to many many more votes than your 1 vote.

      Bush, et al know this, and they are milking all those wealthy supports who can fork out $2000 a plate.

      Personally, I am supporting Howard Dean for president.

      Make your own opinions about the candidates, but again

      DON'T JUST SIT THERE, VOTE AND GIVE MONEY

      (Not to say the poster isn't being active about his opinion, I'm just reminding others who may not be)

      --
      "What thou shalt not, I shalt did!" -Bart Simpson
    15. Re:No time now for detailed analysis... by WNight · · Score: 2, Insightful

      I must agree with the other posters. I'm not for shooting people trespassing over the corner of your lawn, but shooting someone breaking into your home is different.

      The burglar could choose safety by staying home. You didn't seek out danger, it was brought to you. IMHO, if there's even a small chance that your safety will be helped by shooting the buglar, it's justifiable. This means, if they're running away, it's too late. If they're coming in, fair game. You could give them a warning, but if they were willing to hurt you all you've done is give away the element of surprise.

      And no, I'm not from the USA. I'm from Canada, where we've got almost the same gun laws as in the UK. I simply value the life of the farmer infinitely far ahead of the burglar.

    16. Re:No time now for detailed analysis... by PsiPsiStar · · Score: 1

      You forgot "Schwarzenegger and Coleman running in the same primary"

      --

      ___
      It's the end of my comment as I know it and I feel fine.
    17. Re:No time now for detailed analysis... by Anonymous Coward · · Score: 0

      A life for a door. Way to go!

      You have a point. Since you obviously can't discern the intentions of someone using a crowbar to break open your door it would be better to wait until after they rape your wife and kids before your kill them.

    18. Re:No time now for detailed analysis... by Anonymous Coward · · Score: 0

      Your judges wear wigs

      Your judges wear black robs. Your point?

      send British farmers to jail for shooting buglars

      I'm not sure what a buglar is, but how dare we have actual laws that say it is bad to take another human beings life!

      Hang on, I think that one might even by in that Bible thingy you lot like so much!

    19. Re:No time now for detailed analysis... by Jaysyn · · Score: 1

      Actually I was thinking about the San Andreas fault, get out while you can, California's collective karma is about to be up...

      Jaysyn

      --
      There is a war going on for your mind.
    20. Re:No time now for detailed analysis... by Xtraneous · · Score: 1

      or just modify /etc/hosts .

      127.0.0.1 slashdot.org

      --
      .noitacidem deen uoy siht daer nac uoy fI
    21. Re:No time now for detailed analysis... by Anonymous Coward · · Score: 0

      The people are being trampled by the mega-corporations and the governments they own. But the people have the power. It's been demonstrated over and over thoughout history.

      We need to get their attention. Like a worldwide strike to call attention to our growing resentment at being treated more and more like slaves. Maybe I'll post the suggestion over at TheOpenIdea. I wonder if it's something they'd like to develop...

    22. Re:No time now for detailed analysis... by pi_rules · · Score: 1
      It wouldn't be our current gubernatorial circus, would it?


      Could somebody clear this sentiment up for me? We're offtopic here I guess, but hey, this is a political thread.

      How is it a "circus"? Sure, there's a number of whackjobs out there making million to one shots at being governor, but from what I gather the biggest hoopla is all about Arnold running.

      What, pray tell, is so damned terrible about a man who's taken a body building start and turned it into a multi million (if not billion) dollar business for himself, speaks something like 5 languages, has a degree in macro economics, married into one of the most political families in the USA and comes from a political family back in Austria (so I've heard) running for govenor of his home state in the USA?

      He's the perfect candidate. Everybody knows his name; he's Republican but a very moderate Republican. California is in a finaicial crisis -- he apparently knows how to handle money and he's got a degree in the matter. He's not a career politician and that is a good thing. You'd have a hard time buying this man out too with special interest money. What does he stand more to gain from? Pocket change from a lobbyist or sticking to his ideals, picking California out of the ruins in 8 years or whatever and making more blockbuster movies with that added popularity of actually being the good guy in real life?

      I hope he stomps all the other competition, makes huge inroads in California over the next 2 years, and that this gets Ted Nugent into the governor's race here in Michigan. There's a fella that I don't think I've ever heard say anything that didn't make sense to me, at least politically. You can't find a straighter shooter (no pun intended) than this guy.

      Meh, I'm getting irked enough with politics lately that I think it's time I start running for offices and become a career politician or something. Seems that it's the only way to fix it.
    23. Re:No time now for detailed analysis... by Phat_Tony · · Score: 1

      Voting and giving money are great- but I wouldn't give the money to politicians. Try to find a politician who has the slightest clue what's going on with patents, copyright, etc. You mention Howard Dean, and perhaps he's "in the know." But to support him, I'd be supporting a host of other things I find abhorrent. And try to find me other candidates who are familiar with the issues around 1-click, the Micky Mouse Protection Act, Carnivore, Direct TV lawsuits, or DeCSS.

      Give your money to the EFF (Electronic Frontier Foundation) if you want to support the right side of these kinds of issues. For other issues, you may may want to give money to CATO, the ACLU, the Friedman Foundation, or whatever nonprofit actively supports what you believe in. You can usually trust them to spend the money fighting fairly particular fights.

      But almost any donation to a candidate is a donation in favor of pork-barrel spending. It doesn't matter if they're Democrats or Republicans. In addition to whatever issues a politician purports to support (and check their Voting Record to see if they even do what they say), they probably vote for massive pork-barrel spending. Almost every politician does. That's why the national debt is increasing at $1,200,000 a minute right now. (OK, the debt's increasing because taxing 30% of the GDP doesn't begin to cover the actual spending.

      I also strongly agree with the other reply to this parent saying to tell other people. Although if some of these people somewhere along the line don't either vote or give money, it won't do much.

      --
      Can anyone tell me how to set my sig on Slashdot?
    24. Re:No time now for detailed analysis... by Jeremi · · Score: 1
      In addition to whatever issues a politician purports to support (and check their Voting Record to see if they even do what they say), they probably vote for massive pork-barrel spending. Almost every politician does.


      That may well be true in general, but I think you'll find that Howard Dean is pretty responsible about spending.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    25. Re:No time now for detailed analysis... by Jeremi · · Score: 1
      Well, there is the small detail of his never having held a single public office in his entire life. Maybe during good times it would be acceptable to allow a rank amateur to govern the most populous state in the Union, but during a crisis like this I think the state needs someone with more experience. On top of that is the fact that he hasn't said anything about what he would do as governor -- his platform is basically "vote for me, because I'm Ahnold".


      No thanks.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    26. Re:No time now for detailed analysis... by DoctorFrog · · Score: 1
      I don't know about you but I'm a citizen not a consumer.

      Boy am I sick of that pretentious and inaccurate phrase...

      The two are not mutually exclusive. You're a citizen and a consumer, unless you already live in a cave, grow your own food, make your own clothes, etc. etc.

      Citizens have certain rights even if they're not consumers. Consumers have other rights even if they're not citizens.

      It's bad news when any of those rights are taken away or diminished, and I'm horrified that the California Supreme Court places so little value on a citizen's rights of free speech. However, it's a bad idea to muddy the waters with an argument which warrants non-citizens may be denied the rights they have as consumers.

    27. Re:No time now for detailed analysis... by nadaou · · Score: 1
      Sometimes, the continued reporting of how our rights as consumers are being eroded ...


      Fuck our rights as consumers, I'm horrified about what's happening to our rights as citizens.
      --
      ~.~
      I'm a peripheral visionary.
    28. Re:No time now for detailed analysis... by infolib · · Score: 1

      Personally, I am supporting Howard Dean for president.

      Has he made any statements on this issue - or the wider issues of "intellectual property"? When he was on Lessigs blog his response basically was "we're thinking about it". What conclusion will he come to when the IP lobbyists start forking over $2000 a plate?

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
    29. Re:No time now for detailed analysis... by Anonymous Coward · · Score: 0

      If somebody breaks your house it is more likely to steal your TV than rape your children. Why you US people are so scared of everything? Even in Europe people get raped but never ever by burgler.

    30. Re:No time now for detailed analysis... by will_die · · Score: 1

      Yet a professional politician was in office when all this problem was going on.
      What again was the problem with having a non-career politician running the place?

    31. Re:No time now for detailed analysis... by Jaysyn · · Score: 1

      If we didn't have *career* politicians to begin with, we wouldn't have the huge fucking problems that we do now.

      Jaysyn

      --
      There is a war going on for your mind.
    32. Re:No time now for detailed analysis... by ichimunki · · Score: 1

      Oh, okay. In that case I'm also a million other things, including a supplier (the opposite of consumer). In this case, however, the rights in question are those of a citizen (e.g. free speech), not those of a consumer (e.g. product labeling).

      --
      I do not have a signature
    33. Re:No time now for detailed analysis... by DoctorFrog · · Score: 1
      Now that's a sentiment I can get behind! :)

      I think a case could be made for both citizen and consumer rights being violated here. I'm less concerned about product labelling than about the right of a consumer to use a purchased product in any legal manner s/he sees fit.

      I completely agree, however, that the more important right being diminished here is the citizen's right to free speech. (I wish it weren't restricted to the citizenry, even, but I'll take what I can get.)

    34. Re:No time now for detailed analysis... by ichimunki · · Score: 1

      In this case, the DMCA does not (as far as I can tell) prevent you from writing DeCSS yourself (which allows you to exercise your consumer rights)-- so technically we still have the right to use our purchases (I agree, that's pretty slim). What the DMCA does do is prevent you from telling others how to make DeCSS. That's clearly a violation of the first amendment to Constitution (at least it's clear to me), but as I understand it the lower courts leave those kinds of pronouncements to the Supremes (in cases where such a ruling would invalidate a law or a part of a law, that is).

      Either way, the DMCA and the RIAA can get stuffed, no? :)

      --
      I do not have a signature
    35. Re:No time now for detailed analysis... by DoctorFrog · · Score: 1
      It's muddy at best. I think installing deCSS on my computer, even if I clean-room reverse engineer it, is a DMCA no-no... and I consider that a violation of my consumer rights.

      As you say, though, I can't even talk about my theoretical clean-room DeCSS, and that's a clear violation of my citizen's free speech to me too. I don't think it's even a valid trade-secrets case; if I didn't obtain the DeCSS equivalent through industrial espionage I should be able to sell it in a free market.

      Either way I agree with your assessment that the DMCA and the RIAA can get stuffed. It's a sad day when a government by, of and for the people cares more for the rights of corporations than individuals.

    36. Re:No time now for detailed analysis... by Jeremi · · Score: 1

      The problem is that a non-career problem won't know what he's doing. Just because there are bad career politicians doesn't mean that all career politicans are bad. To make the point more obvious: say you went to a bad professional mechanic, and he screwed up your car. Would you then say that the only mechanics you would trust from then on are the amateurs? If so, then I guess you deserve what you get...

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
  7. Still a shot by Anonymous Coward · · Score: 5, Informative

    Notice that the decision is based on the code being a trade secret. The lower appeals court can still decide that the code is not a trade secret, and it could still be published

  8. next step - supreme court? by smd4985 · · Score: 4, Insightful

    i find this decision surprising, but from an article on CNET an EFF attorney indicates that this wasn't a total loss. the court ruled that the revelation of trade secrets is not protected speech, though it isn't clear if DeCSS is a trade secret (because it is so widespread). nevertheless, the ruling sets a bad precedent, and i'm sure the supreme court will be appealed to.

    --
    smd4985
    1. Re:next step - supreme court? by Keju · · Score: 1

      If you're worried about setting a bad precedent, then hope they don't appeal. This case has loser written all over it if it goes to the next level.

    2. Re:next step - supreme court? by Anonymous Coward · · Score: 0

      i find this decision surprising

      I don't, not for a california court.

    3. Re:next step - supreme court? by Anonymous Coward · · Score: 0

      Sounds like the perfect case for the EFF.

    4. Re:next step - supreme court? by Anonymous Coward · · Score: 0

      Does anyone know the legal definition of a "trade secret". Could it be argued successfully that Nike's trade secret was to use child labor? Or maybe it would be a trade secret that cigaretts manufactures added some specific addictive chemical? I don't think anyone should have to keep their mouth shut about either of those
      If a company wants to have a "trade secret" then it should be up to them to keep it a secret. No person should be placed under any obligation to keep secrets for someone else just because they are clever enough to recognize the format of some chunk of data.
      Hopefully the legal definition of "trade secret" is defined in a way to exclude the above kinds of situations, but it wouldnt surprise me if its left to the judge.

    5. Re:next step - supreme court? by Anonymous Coward · · Score: 0

      But doesn't trade secret just protect against the first revelation of the secret? Even if DeCSS was revealing trade secrets, the Nth copy of it wasn't...

    6. Re:next step - supreme court? by Anonymous Coward · · Score: 0

      What I don't get is this. If I reverse engineer a trade secret, and build a competing product, am I disallowed from making the details of the inner workings of my product public? I.e. Can I not create an open source product based on my own reverse engineering work?

  9. T-Shirts by N8F8 · · Score: 5, Funny

    Dows this mean they have to stop selling the t-shirts too?

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    1. Re:T-Shirts by IthnkImParanoid · · Score: 2, Funny

      Don't forget outlawing a particular prime number, and stopping people from singing along to the DeCSS songs, and keeping people from distributing a gif of the mona lisa with the code padded into it.

      --
      It's nothing but crumpled porno and Ayn Rand.
    2. Re:T-Shirts by Alan · · Score: 2, Insightful

      I'm still a bit unsure as how allowing me to watch DVDs under Linux is destroying the rights of the consumers and no doubt, the economy of the western world.

      I'm still going to wear my shirt though.

    3. Re:T-Shirts by IthnkImParanoid · · Score: 1

      The MPAA makes money liscencing the decryption algorithm to people who make players, and uses region encoding to charge Europeans more.

      int donor=MPAA;
      if(this->invalidatesBusinessModel(donor))
      {
      Collect(donor);
      Illegalize(this);
      Prosecute(this->maker);
      }

      --
      It's nothing but crumpled porno and Ayn Rand.
    4. Re:T-Shirts by Anonymous Coward · · Score: 0

      Don't forget outlawing a particular prime number

      The supreme court has ruled that laws cannot be copyrighted. They can't outlaw the prime number without publishing it in a freely distributable law, which kind of defeats the whole purpose of outlawing it in the first place.

    5. Re:T-Shirts by Cumstien · · Score: 1

      Everyone knows that pigeon/court is a total whore.

    6. Re:T-Shirts by MikeXpop · · Score: 1
      --
      Etiquette is etiquette. He kills his mother but he can't wear grey trousers.
    7. Re:T-Shirts by Anonymous Coward · · Score: 0

      you forgot

      3. Profit!!

  10. Mr. Cox by Eberlin · · Score: 3, Funny

    Mr. Cox...come on over to California for your MBA.

    Does this mean that DeCSS isn't protected under "fair use" either? Bastages.

  11. What's next? Arrest Securityfocus folks? by sdriver · · Score: 5, Informative

    Maybe it's good reason all the tech jobs are going overseas. At least in India/Russia they have the freedom to post security related software without going to jail...

    1. Re:What's next? Arrest Securityfocus folks? by Kaemaril · · Score: 1

      Maybe it's good reason all the tech jobs are going overseas. At least in India/Russia they have the freedom to post security related software without going to jail...

      For the time being. I'm sure once the WTO and the US government has had a quiet word, that might change.

    2. Re:What's next? Arrest Securityfocus folks? by RealAlaskan · · Score: 1
      At least in India/Russia they have the freedom to post security related software without going to jail...

      In USA, when you find an exploit, they shoot you off to jail. In Soviet Union, when you find an exploit, they just shoot you.

    3. Re:What's next? Arrest Securityfocus folks? by Mitreya · · Score: 1
      At least in India/Russia they have the freedom to post security related software without going to jail...

      Unless they intend to visit US one day...?

    4. Re:What's next? Arrest Securityfocus folks? by mcc · · Score: 3, Insightful

      At least in India/Russia they have the freedom to post security related software without going to jail...

      In America, Soviet Russia makes jokes about YOUR lack of rights!

  12. You're so fucked by Anonymous Coward · · Score: 0
    Come on you smart Americans. Come back to the Old World.

    Let the puritans and corporate fascists fight it out.

    Now that I think about it, it would be nice if the EU guaranteed, in the very best "socialist" fashion, a job and a house for all of you. I'd be ready to pay for it. As a payback for the Marshall Aid, you know. We still owe you for that.

    1. Re:You're so fucked by CrazyDuke · · Score: 1

      Actually, I am intersted, considering I already have lived 3 years in Berlin. (Father was in the US military stationed there.) My only problem is I only can speak English. Although, I can understand some of a few other languages when spoken. I suppose I could goto Great Britain, except their government is already busy brown-nosing ours.

      --
      Any sufficiently advanced influence is indistinguishable from control.
    2. Re:You're so fucked by Anonymous Coward · · Score: 0

      You could always try the Netherlands. English is almost a second language. Although you should really make an effort to learn the local language while you're there, don't just rely on English and pointing!

  13. In other news..... by Anonymous Coward · · Score: 2, Funny

    This link leads to a story about a related case. I know, it's no laughing matter....

  14. California has gone insane... by ravind · · Score: 1

    ..it's no surprise that their supreme court should follow.

  15. Move My Grave by Anonymous Coward · · Score: 0

    Move my grave to a free country!

    George Washington

    1. Re:Move My Grave by Anonymous Coward · · Score: 0

      No can do. Bushco's friends are busy figuring out how to harness the accelerating spinning motion to pump oil more efficiantly.

  16. Err... trade secret rights?? by Abcd1234 · · Score: 5, Informative

    What does that mean? Correct me if I'm wrong, but last I checked, there's no such thing as "trade secret rights". Trade secrets are secret because you keep them secret (via NDA or whatever). Once they escape, they're public knowledge, end of story. I wonder how long it'll take before trade secrets are lumped together with patents, copyrights, and trademarks as "IP". *sigh*

    1. Re:Err... trade secret rights?? by IthnkImParanoid · · Score: 1

      Damnit, that strategy was crucial to my company's business model. By publishing my company's business model, you have stolen my trade secrets, and infringed upon my right to make a profit! Expect to hear from my lawyer.

      --
      It's nothing but crumpled porno and Ayn Rand.
    2. Re:Err... trade secret rights?? by Sanity · · Score: 5, Informative
      Once they escape, they're public knowledge, end of story.
      IANAL, but IIRC the law still tries to put the toothpaste back in the tube if the original disclosure was a breach of trade-secret law (such as a violation of an NDA or license agreement), no matter how widely that toothpaste has been spread around.

      For this reason trade secret law is, in many ways, much more powerful (and restrictive to the general population) than copyright.

    3. Re:Err... trade secret rights?? by BoyHowdyAAF · · Score: 2, Informative

      You're wrong. ;)

      Trade secret law is generally a state law issue, although there is a Federal anti-espionage law on the books, too, I believe.

      Generally, something's a trade secret if it was secret initially, you made reasonable efforts to keep is secret, and it's commercially valuable. The formula for Coke, for example, is a trade secret.

      Of course, if you let it out into the public domain, there's nothing you can do. Liability can only arise if there's a breach of confidence or if improper means were used to discover the trade secret. Continuing with the Coke example, if someone who was given the formula in confidence gives it away, they're liable. Similarly, if somebody breaks into the Coke building and takes the formula, they're liable.

      However, people other than those who breached the confidence or used improper means can still be liable if they knew it was a trade secret. So if Generic Cola Maker buys the formula, knowing that it was stolen, and starts selling soda made with the Coke formula, they're liable too. You can be liable even in the absence of knowledge, although the remedy in that case is often an injunction against using the trade secret, rather than damages.

      Not saying that this body of law sits well with me, but hey, there's a poor summary of it.

    4. Re:Err... trade secret rights?? by evilned · · Score: 1

      This is exactly the problem. At some point, copyright and patent protection ends (although the US congress seems intent on making sure copyright never ends) putting the information clearly in the public domain. At what point does that NDA or license expire?

      --

      "My head hurts, My feet stink, and I dont love Jesus." -Jimmy Buffett

    5. Re:Err... trade secret rights?? by Anonymous Coward · · Score: 0

      Yes, and the question in this case is whether EULAs should be given the power of NDAs.

      I think it is obvious that under any reasonable interpretation, they shouldn't. Particularly because for mass-market software, you can always avoid agreeing to the EULA trivially.

    6. Re:Err... trade secret rights?? by garcia · · Score: 2, Informative

      but how are they going to say that it was disclosed via an NDA or licesense agreement when it wasn't?

      The encryption was broken because of the stupidity of a particular company. One key was found because of the stupidity and the rest were figured out because of the low-strength of the keys. (40 bit?)

    7. Re:Err... trade secret rights?? by Henry+V+.009 · · Score: 1

      That is true. But it always gets applied to other businesses. I've never heard of it being applied to journalists.

    8. Re:Err... trade secret rights?? by zurab · · Score: 1
      IANAL, but IIRC the law still tries to put the toothpaste back in the tube if the original disclosure was a breach of trade-secret law (such as a violation of an NDA or license agreement), no matter how widely that toothpaste has been spread around.

      For this reason trade secret law is, in many ways, much more powerful (and restrictive to the general population) than copyright.


      I did not yet read the ruling fully, but 2 problems I see are:

      1. Trade secret law cannot trump free speech right granted by Constitution; It makes sense to use reasonable efforts to contain trade secret proliferation, but there's still parent poster's argument. IANAL either, but it is my understanding that trade secret law governs a contractual arrangement between private parties. Once a trade secret is put into public knowledge, then censoring the "secret" would constitute a violation of free speech rights of the people who were not part of the original trade agreement, and had no involvement in how the secret was obtained. How can a law that governs an arrangement between private parties trump a right given by the Constitution? It seems to me that the MPAA dispute should be with the party that violated the arrangement and did not take care of a trade secret, and the party that "stole" (knowingly improperly obtained) these secrets, and seek damages from them.

      2. Court ruled that:

      In this case, a Web site operator posted trade secrets owned by another on his Internet Web site despite knowing or having reason to believe that the secrets were acquired by improper means. The trial court found that the owner misappropriated these trade secrets ...

      How could someone have a knowledge of how these trade secrets were obtained, and whether they were obtained in violation of some agreement between private parties? Why are all people bound by some agreement that 2 companies have made between each other?
    9. Re:Err... trade secret rights?? by Anonymous Coward · · Score: 0
      At what point does that NDA or license expire?

      Well, most NDA expire when they hit the court room.

    10. Re:Err... trade secret rights?? by Aapje · · Score: 1

      IANAL, but IIRC the law still tries to put the toothpaste back in the tube if the original disclosure was a breach of trade-secret law (such as a violation of an NDA or license agreement), no matter how widely that toothpaste has been spread around.

      But how could this ever be the case? The CSS protection was reverse engineered, wasn't it? Trade-secret law is certainly not intended to protect you from that. Patents are the proper tool if someone can figure out how your product works just by analyzing it. Reverse engineering of the CSS isn't (yet) illegal in quite a few countries. Once you (legally) find out how CSS works, it can no longer be considered a trade secret, can it? Nobody had to break any licenses (you can analyze a player in a country which doesn't recognize EULAs) and there was no theft. It could be a breach of trade-secret law if they found out that the original creator of DeCSS was doing something illegal, but AFAIK that hasn't been proven and they are just going after one of the distributors.

      So WTF is going on? Is it just the SNAFU US legal system or is there a lawyer who can explain to me why this legal wrangling is going on?

      PS, SNAFU = Situation Normal All Fucked Up.

      --

      The Drowned and the Saved - Primo Levi
    11. Re:Err... trade secret rights?? by grahammm · · Score: 1

      And also whether EULAs can apply to hardware which you purchase (a DVD player). The hardware may (and often does) contain embedded software, but once you have purchased the hardware you are (within the boundaries of criminal law) at liberty to use it in any way and for whatever purpose you choose. You are not restricted to the way which the manufacturer would like you to use it.

      I am sure that, for example, an electric drill manufacturer would not be allowed to dictate that the purchaser not use it as a screwdriver, but that you must also buy an electric screwdriver (which the same manufacturer also produces.)

    12. Re:Err... trade secret rights?? by cheekyboy · · Score: 1

      So all the accounting tricks and fraud and stock fraud by S&P500 companies can be classified as 'trade secrets' then?

      --
      Liberty freedom are no1, not dicks in suits.
    13. Re:Err... trade secret rights?? by TacoBellGrande · · Score: 1

      I'm not sure how this got modded up so high and marked as informative, because most of it is wrong.

      Trade secrets are and always have been considered part of intellectual property rights. As another poster pointed out, intellectual property by design limits speech. I can't write a book that says, "I read the latest Tom Clancy book. It says <insert Tom Clancy novel here>".

      Moving onto trade secret law, I think its a really good thing that if I take my PC in to get repaired and the technician notices my employer's financial info on the hard drive, they could be punished for revealing it.

      Finally, Trade Secrets aren't the only laws that trump free speech. Both yelling "Fire!" in a crowded theater or revealing matters of national security are both enforceable, and for good reason.

      As I understand it, the court's ruling only means that they can't use a 1st amendment defense, which I'm inclined to agree with. I would hope they would find, however, that DeCSS has nothing to do with trade secrets.

      Nolo.com -- trade secrets
    14. Re:Err... trade secret rights?? by Sanity · · Score: 1
      The encryption was broken because of the stupidity of a particular company.
      Stupidity or erronous disclosure is no insulation from trade secret obligations - if it were - trade secrets would be meaningless.
    15. Re:Err... trade secret rights?? by Smartcowboy · · Score: 1

      If I buy a can of Coke and I analyse it and then I deduce the formula all by myself, am I liable?

    16. Re:Err... trade secret rights?? by BoyHowdyAAF · · Score: 1

      I'm not positive, but my guess would be no. I don't believe that analysis of that sort would be considered "improper means."

      [insert obligatory don't-get-legal-advice-from-non-lawyers-on-Slashdo t disclaimer here]

  17. It's not hard to copy DVDs by Josh+Booth · · Score: 5, Informative
    ...[DeCSS] could more broadly be used in the process of decrypting and copying DVDs.

    That's balogna, and everyone on Slashdot knows it. Just because the orginization is called the DVD Copy Control Association doesn't mean that the encryption used has anything to do with copying the DVDs. I can easily and full "cp /dev/dvd ~/copied-dvd.iso" without DeCSS. But you need DeCSS to access the content, which has nothing to do with copying (well, permenantly), only playing.

    1. Re:It's not hard to copy DVDs by Anonymous Coward · · Score: 0

      No, actually you can't. Try it. You get IO errors on the DVD.

    2. Re:It's not hard to copy DVDs by Anonymous Coward · · Score: 2, Informative

      Actually, you can't. Most DVDs are DVD-9 and most DVD-Rs are DVD-5 so inorder to copy it you either have to split it (cannot be done without decryption) or downsampe (ditto). Maybe when dual layered burners come out we won't need DeCSS.

    3. Re:It's not hard to copy DVDs by Anonymous Coward · · Score: 0

      From what I understand, DeCSS doesn't really decrypt the data as much as unlock the drive. You can't copy a DVD without it. Of course, that's not the only use for DeCSS, which was your point.

    4. Re:It's not hard to copy DVDs by len_harms · · Score: 3, Informative

      Thats partialy wrong.

      CSS was a way to enforce 'region controls'. Belive it or not this sort of thing is actually illegal in many countries. Now however they positioned it in such a way that it was for 'copyright' control. To keep those nasty pirates at bay. Like they say follow the money and you will find who benifits the most from this system being in place. I can tell you it is not the consumer.

      It was never about stoping people from copying. It was about makeing sure they get your last dollar out of you.

      Now the 'unlock the drive' is a way they have tried to continue to enforce the CSS schema. The drive actually looks at the data on the DVD and decides after so many plays its a 'region x' type drive. It will show up as data that does not read correctly for 'unknown regions'.

      All DeCSS does is remove the region controls and the encryption they used for it. ANY dvd drive can read any disk. The software (players) and firmware (drives) is the only thing that enforces the 'read error' problem. That is why they do not like DeCSS. As there are drives out there that just ignor the region control part and just shovel data like they should.

      There are people out there that have access to the ablity to make dvd18 disks. Do you think they care one iota about DeCSS? They can blast the whole disk bit for bit and still sell them. And the disk will work just fine in any properly regioned dvd player. There are also players out there that are 'region free'. Meaning they can play any disk from any part of the globe.

    5. Re:It's not hard to copy DVDs by Anonymous Coward · · Score: 1, Informative

      you can't do it that way. but you can if you use dd instead of cp

    6. Re:It's not hard to copy DVDs by Anonymous Coward · · Score: 0

      This shows you have never copied dvds. I have done it, and it's much more difficult than this. Most DVDs cannot burn the CSS protected regions so you must decrypt before you burn. Not to mention the difficulties with the DVD-5 and DVD-9 formats.

      Leave it to slashdot to mod you up to 5 for making a pointless argument about making a compeltely useless, unplayable, unburnable ISO.

    7. Re:It's not hard to copy DVDs by Experiment+626 · · Score: 5, Informative
      But you need DeCSS to access the content, which has nothing to do with copying (well, permenantly), only playing.

      I'm glad someone else caught this. It's a bit disturbing when even the Slashdot posting describes DeCSS as "DVD-copying code". DeCSS would not be necessary to make exact copies, and while it could be useful for other types of copies (like downsampling), its main use is not for copying, but playback.

      Obviously, this is not the way the RIAA wants people to think of DeCSS. It's much harder to demonize a DVD playing program than some kind of copying tool used by Nasty Evil Pirates. The fact that when DeCSS is mentioned the latter comes to mind, even for a Slashdot poster or tech journalist shows just how effective the RIAA's propaganda really is.

      To win this battle, it has to be recast not as a fight for our right to bootleg movies, but put the focus on the legitimate questions that have nothing to do with copying anything.

      • How ARE users of Linux and other non-MS operating systems supposed to watch the movies they've paid for?
      • How common-knowledge can a process be and still enjoy "trade secret" legal status?
      • What gives the RIAA the right to effectively right their own international import/export laws through some ridiculous region encoding scheme and giving them the force of real laws?
      • Does (and should) watching a DVD you legitimately bought and own from Japan or England in the United States make you a criminal?
    8. Re:It's not hard to copy DVDs by IamTheRealMike · · Score: 1
      I'm glad someone else caught this. It's a bit disturbing when even the Slashdot posting describes DeCSS as "DVD-copying code". DeCSS would not be necessary to make exact copies, and while it could be useful for other types of copies (like downsampling), its main use is not for copying, but playback.

      No, that's not correct. I'd be willing to bet a lot that it's main usage is for piracy. Considering how easy it is to get an authorized DVD player for Windows, how 95% of the worlds computers run Windows, and how rampant piracy is, the primary usage of DeCSS will be to decrypt discs so they can be recompressed with lower quality/better codecs and then placed on Kazaa.

      Anybody who believes that this doesn't occur clearly doesn't know any teenagers, and is being naive. The primary use of DeCSS is to break DVD encryption for piracy purposes.

      Now, it can also be used to let Linux users watch DVDs, and for that I am profoundly grateful. I certainly don't agree that DeCSS distribution should be restricted, but at the end of the day people who believe this is an enormous conspiracy to control the supply chain need to take an economics 101 - while supply chain control is probably a part of it, a bigger reason is to stop DVDs turning into the next MP3s.

      It's also not true that you can copy a DVD without decrypting it first. DVDs contain data in special regions of the disc that are placed there at manufacture time. DVD burners generally cannot alter what is put there. CSS was specifically designed with both casual and mass commercial piracy in mind.

    9. Re:It's not hard to copy DVDs by 87C751 · · Score: 1
      It's also not true that you can copy a DVD without decrypting it first. DVDs contain data in special regions of the disc that are placed there at manufacture time. DVD burners generally cannot alter what is put there.
      Which only means that consumer-grade equipment cannot copy a DVD without decryption. Real pirates have full-up DVD plants using the same technology that is used to produce the DVD in the first place. If the MPAA auditing is anything like the RIAA's, the majority of pirate DVD's could very well be coming from the same plants that produce the "genuine" product.

      But there's no possibility that the MPAA could be double-dealing pirate product to boost their income, right? Right??

      --
      Mail? Put "slashdot" in the subject to pass the spam filters.
  18. It's not "copying" by richieb · · Score: 4, Insightful
    First of all DeCSS does not copy anything - it simply descrypts the data. Unless you want to take the position that anytime you read data from a DVD you actually copy it...

    Anyway, what kind of trade secret is it, if everybody knows it?

    --
    ...richie - It is a good day to code.
    1. Re:It's not "copying" by kiltedtaco · · Score: 4, Insightful

      Look, I know it, you know it, we all know what the MPAA doesn't like about DeCSS. It's not disc to disc copying, it's converting from dvd to something more easily transmited over the net. Divx.

      You can argue about how DeCSS doesn't copy anything, but you all know it, DeCSS is used for ripping dvd's to vcd's and divx. We can keep living in la la land and pretend that DeCSS is perfectly ledgitimate, but it really isn't.

      That doesn't mean I support the decision by the courts, I think code is speech too. It's just that i'm not willing to keep beliving in my argument just because the other side doesn't have the wording *exactly* right.

    2. Re:It's not "copying" by korgull · · Score: 1

      true, but just in case you "copy" a DVD, it doesn't matter much wether you leave the copy encrypted as well. You can still decrypt it when playing the disc.

    3. Re:It's not "copying" by Anonymous Coward · · Score: 1, Interesting

      BS.

      Do you wan't to forbid P2P systems?
      Do you wan't to forbid the WWW?
      Do you wan't to forbid local libraries?
      Do you wan't to forbid hardware stores?

      They all have give/sell services which can
      potentially conflict with national legislation.

      The music/movie industrie has lost, most
      of their products are inferior, prices
      inflated, and they'd rather sue instead
      of innovate. Their greedy and dumb.

    4. Re:It's not "copying" by 3terrabyte · · Score: 1

      Troll.
      The original intent of DeCSS was to play DVD's on Linux, which wasn't being supported by any of the mfgr's.

      --

      Why are there only 19 people folding@home for slashdot?

    5. Re:It's not "copying" by UnrefinedLayman · · Score: 1

      You show me someone who uses DeCSS to rip DVDs and I'll show you someone who uses a pacifier to crack open eggs.

      Show me someone who uses DeCSS to rip DVDs released in the last two years and I'll show you someone who has a pacifier and no egg. DeCSS can't even decrypt most DVDs.

      Most DVD ripping programs make DeCSS look like crap, which it is.

    6. Re:It's not "copying" by Jord · · Score: 2, Insightful

      DeCSS was written to allow watching DVDs on Linux. That was its purpose in life. It was not written for ripping them into another format, etc. People need to stop blaming the tools and blame the pirates. If people are stealing your content put them in jail but do not stop tools like this that have absolutely nothing to do with copying of DVDs. BTW, There are a large number of ways to convert a DVD into vcd or dxv. And guess what, they are easier to do then to mess with DeCSS.

    7. Re:It's not "copying" by crumley · · Score: 1
      You can argue about how DeCSS doesn't copy anything, but you all know it, DeCSS is used for ripping dvd's to vcd's and divx. We can keep living in la la land and pretend that DeCSS is perfectly ledgitimate, but it really isn't.
      It may be used that way, but I don't use it that way. I use it to watch DVDs that I have purchased on my Linux laptop.

      A photocopier can also be used to copy whole books, but they are still legal to own and use. This whole case came about because MPAA is trying hold onto unreasonably tight control of DVDs. DeCSS should not be illegal to possess, distribute or use.

      --
      Preventive War is like committing suicide for fear of death. - Otto Von Bismarck
    8. Re:It's not "copying" by EzInKy · · Score: 1

      You can argue about how DeCSS doesn't copy anything, but you all know it, DeCSS is used for ripping dvd's to vcd's and divx. We can keep living in la la land and pretend that DeCSS is perfectly ledgitimate, but it really isn't.

      Obviously the use of crowbars and screwdrivers should be made illegal also since they too can be used to access content illegally.

      --
      Time is what keeps everything from happening all at once.
    9. Re:It's not "copying" by rzbx · · Score: 1

      "...DeCSS is used for ripping dvd's to vcd's and divx. We can keep living in la la land and pretend that DeCSS is perfectly ledgitimate, but it really isn't."

      Sigh. Don't trust everything you read. First of all, ripping DVD's existed before DeCSS. Second, DeCSS DOES have legitimate uses. Yes, in many cases DeCSS (and related) is used to rip DVD's and encode them in different formats, but what does this mean? Progress. Is it against the law? Yes, but is this law moral, good for the economy, good for artists, and good for the people in general? I say not. Rather than believing someone else, whether it be the media, the politicians, the corporatations, or even me, do some of your own analysis. BTW, here is a google cache link to a site about DeCSS you should check out:
      http://216.239.37.104/search?q=cache:GWL6LVZ 2EiYJ: www.linux.gr/DeCSS/decss.html+DeCSS+Linux+player+r eason&hl=en&ie=UTF-8

      --
      Question everything.
    10. Re:It's not "copying" by TheMidget · · Score: 1

      What the fuck are you talking about? Should we outlaw knives because they are used to stab people?

    11. Re:It's not "copying" by JonSari · · Score: 1

      Actually, the fact that computers work by making an "in-memory" copy of data does play a part in intellectual property claims. It's yet another of the convoluted bits of legal precedent that we need to support the EFF in rectifying.

    12. Re:It's not "copying" by kiltedtaco · · Score: 1

      Arg, look. I got 6 or 7 replies stating basicly the same thing, so i'm only replying once.

      I agree with all your points, it's just that the argument "DeCSS doesn't do bit-by-bit-copying, hence can't be for pirating" doesn't work.

      and I AGREE WITH ALL OF YOU that there's no reason to punish the makers of the tool, but if we're going to argue for DeCSS as a ledgitimate tool, we have to use the right arguments, and I don't think that "anyone can do a bit-by-bit copy" is a good argument.

      I think I really should repeate myself

      I never said we should forbid P2P! I said that we should RECOGNIZE the fact that DeCSS has "bad" and "good" uses, just like we recognize that with p2p apps. Yes I know you can use

      Oh and another reply said something about how decss was designed primarily so that you could play dvd's on linux. As far as the code goes, there's no difference between playing it on screen and converting it to another format. The code wasn't written to primarily do one or the other, it can do both.

      Someone else replied saying that there are better programs for ripping dvds. Correct. But that has no bearing on the DeCSS case. Just cause everyone else is speeding on the highway doesn't mean you should too, and doesn't mean that the cops can't pull you over unless they pull everyone else over too.

    13. Re:It's not "copying" by kiltedtaco · · Score: 1

      But nobody denies the fact that crowbars and screwdrivers can be used to 'access content illegaly' (I think you meant something about breaking into cars?).

      Maybe I made that statement a bit ambiguous. "DeCSS CAN be used for ripping dvds"
      and I didn't mean to say it had no ledgitimacy at all, I just meant to say that it's not the eiptome of perfect, good, just, infallable software. It can be used to pirate movies.

    14. Re:It's not "copying" by Aapje · · Score: 1
      You can argue about how DeCSS doesn't copy anything, but you all know it, DeCSS is used for ripping dvd's to vcd's and divx. We can keep living in la la land and pretend that DeCSS is perfectly legitimate, but it really isn't.

      You are just repeating the MPAA without thinking. Extracting content from a DVD has many valid uses because it allows you to:
      • Create a player which is open source, unlicensed or different in other ways which our supreme MPAA overlords disagree with.
      • Create a player which allows you to skip scenes (boring, violent, erotic, non-violent, non-erotic, advertising, etc).
      • Extract content for fair use purposes: teaching, criticizing/reviewing, research, satire, etc.
      • Make a backup.
      • Keep the content accessible until the copyright expires. A limited copyright (required by the constitution) is null and void if all copies of the work in consumers' hands are destroyed by the time it expires (bit rot is already destroying discs a few years old).
      • Use the content when/if the copyright expires.
      The DMCA is evil (and unconstitutional) precisely because it makes these things impossible. IMO, a bit of piracy is to be preferred over a world in which so many freedoms are taken away. I am not living in la-la-la land, I simply prefer to have a choice, a rich public domain to inspire new creations, cultural treasures which cannot be buried for a lifetime or forever and most of all, I prefer to have free speech.

      Why would we give this up? The RIAA and the MPAA have had piracy problems before (VCR, cassettes) and their revenue has only increases by harnessing those 'piracy tools'. So why are extreme measures necessary?
      --

      The Drowned and the Saved - Primo Levi
    15. Re:It's not "copying" by Anonymous Coward · · Score: 1, Insightful

      I'm sure this is redundant, but...

      You can argue about how DeCSS doesn't copy anything, but you all know it, DeCSS is used for ripping dvd's to vcd's and divx. We can keep living in la la land and pretend that DeCSS is perfectly ledgitimate, but it really isn't.

      Just because something can be used for illegitimate purposes does not make that thing illegitimate itself. DeCSS is used by many thousands of Linux users to play DVD's on their computers like the rest of the world can - and YOU know it.

      Besides, the vast majority of DVD recoding to VCD, Divx, etc. is done on Windows platforms (because of it's dominance). It's ridiculously easy to find plenty DVD ripping / encoding software for WinPC (Flaskmpg, virtualdub, smartripper, etc). These programs have no need for DeCSS to do the job.

      What stake have you got in this, to be ignoring any legitimate use of DeCSS in your opinion?

    16. Re:It's not "copying" by kiltedtaco · · Score: 1

      I never said that DeCSS was completely illedgitimate, I just said that it is not completely ledgitimate. It can be used for 'good' reasons (watching on linux) and 'bad' (copying illegaly.) I completely acknowledge that fact, I was just pointing out that many people seem to not.

      But thank you for mindlessly repeating the anti-DMCA arguments. NOT THAT I DISAGREE WITH THEM, but you seemed to counter arguments I didn't make.

      just a little afterthought. It's sad when everyone seems obligated to be completely for or completely against a topic, and when someone says anything interpreted as being for/against something, they are immediatly grouped with everyone else on the same 'side', and are immediatly thought to support whatever that side supports. I think that the MPAA is wrong in some points, and that the DeCSS supporters are wrong in some points too. But when I point out what I think are the flaws in the DeCSS argument, i'm immediatly treated as if I'm jack valenti himself. I think this is a problem endemic of the US as a whole, where most people are unwilling to actualy hear someone's beliefs, and would rather just lump them together with a bunch of other "pirates", "hackers", "terrorists".

  19. Laws laws laws. by blitzoid · · Score: 5, Interesting

    See, that's why I just ignore laws like that. I bought the DVD. It's mine. I own it. If I want to crack the copy protection, it's my choice. Since, you know, I own it and all. If I wanna take a razor and scratch up the surface, it's my choice. Since, you know, I own it and all.

    I really don't understand how it came to be that if you buy something it's still not yours.

    Then again, I live in canada so that DeCSS ruling probably doesn't effect me... yet.

    --
    I am a filthy pirate.
    1. Re:Laws laws laws. by Zork+the+Almighty · · Score: 1

      I've re-encoded some of my dvds, yet I probably wouldn't have done so if I had to break CSS on my own. The crux of the matter is that only a few people have the expertise, willingness, and time required to figure it out, and the law targets the disemination of knowledge.

      --

      In Soviet America the banks rob you!
    2. Re:Laws laws laws. by einhverfr · · Score: 1

      See, that's why I just ignore laws like that. I bought the DVD. It's mine. I own it. If I want to crack the copy protection, it's my choice. Since, you know, I own it and all. If I wanna take a razor and scratch up the surface, it's my choice. Since, you know, I own it and all.

      The problem is that by buying the DVD, you are subsidizing the MPAA's crusade against our rights, fair use, etc. The solution is not to buy DVD's. Maybe you can buy them used, however :-)

      However, not buying the DVD's will lead them to cite piracy as a cause of losses (ala RIAA). So a better option is to organize an official boycott of these organizations and advertise it widely.

      --

      LedgerSMB: Open source Accounting/ERP
    3. Re:Laws laws laws. by Mitreya · · Score: 1
      See, that's why I just ignore laws like that. I bought the DVD. It's mine. I own it. If I want to crack the copy protection, it's my choice. Since, you know, I own it and all. If I wanna take a razor and scratch up the surface, it's my choice. Since, you know, I own it and all.

      Well, ignoring the law does not help the people that are constantly being sued.

      More importantly, you can crack the copy protection. It is legal and who's gonna find out, anways? DMCA kicks in at the moment you share your cracking code with someone else.

    4. Re:Laws laws laws. by hamsterboy · · Score: 1
      See, that's why I just ignore laws like that. I bought the DVD. It's mine. I own it.
      Ah, but you don't own it. Or, at least, not the data on it. What you paid for was a shiny plastic disc (which is worth about $0.10, USD or CND) and a license to view the data stored on it at home, as long as there aren't too many people with you.

      Now, under current US law, it's legal for you to store a backup copy, but it's not legal for you to crack the encryption on the video data (under the DMCA). If you use majick, you're fine; if you write C code, do not pass GO, and the MPAA will be happy to collect your $200 (again, USD or CND).

      Hamster

    5. Re:Laws laws laws. by Anonymous Coward · · Score: 0

      I don't agree with them, but the counter argument is simple. You own the DVD, they own the movie. That's why it's called IP. It only exists as a mutual hallucination.

    6. Re:Laws laws laws. by WNight · · Score: 2, Informative

      Close, but incorrect in an important way.

      You not only own the disk, but you own the data as well. What you don't own is the right to duplicate that data for most reasons. The reason this is important is that you don't need a license to use something that you own.

      It's like a book. They don't put after-sale restrictions on books because the courts ruled that they could not.

      As copyright law has special provisions for copying that is required in use (copy a game to the HD, or a movie into RAM and into video RAM, etc) there's no unlawful access involved in decrypting a DVD and copying it to the HD for viewing.

      Doing anything with it after this, re-encoding it for instance, might be problematic, but the actual use of DeCSS to decrypt it and make it watchable is perfectly legal.

      btw, because you're perfectly entitled to use copyrighted works that you bought, including copying them as necessary, you don't need to agree to EULAs. They're after-sale contracts which have never been valid.

    7. Re:Laws laws laws. by Anonymous Coward · · Score: 0

      Right on, bro!

      I mean, it's my gun. If I want to shoot people with it, that's business. I'm just using my property, since I own it and all.

    8. Re:Laws laws laws. by Anonymous Coward · · Score: 0

      "As copyright law has special provisions for copying that is required in use (copy a game to the HD, or a movie into RAM and into video RAM, etc) there's no unlawful access involved in decrypting a DVD and copying it to the HD for viewing."

      Actually, you don't have that right. There was a ruling made on that, saying that ANY copy, done by you or the computer (HD, RAM, etc), is an unauthorized extra copy. It's the ruling that gave EULAs any power at all. I don't think anyone has seriously challenged it...if they want to get rid of EULAs, that's the one to target

    9. Re:Laws laws laws. by Nodatadj · · Score: 1

      "as long as there aren't too many people with you."

      Always wondered how many is too many.
      Like I've had 20 or 25 people squashed into my living room watching videos we've rented/bought/whatever.

      Is that too many?
      Does it take into account the comfort in which you watched said film? 25 people in a living room isn't very comfortable, even if it is possible :)

    10. Re:Laws laws laws. by Anonymous Coward · · Score: 0

      Which relates to copyright infringement how?

    11. Re:Laws laws laws. by Anonymous Coward · · Score: 0

      I ignore it too.
      Civil Disobedience is the only way to stop this shit. Everyone should be sharing this so called 'illegal' array of ones and zeros on their favorite p2p program. When they try to sue small groups, peg them for not enforcing the law equally. Yes. Sue them for not suing us. It sounds crazy but it might make them think about it.

      The cat is out of the bag, just like p2p. It's not going away. The general populace is just going to have to *deal* with that.

      This won't stop software dev. on simlilar subjects, or borderline stuff, it just means developers will stop associating their real information with said items.

    12. Re:Laws laws laws. by crapulent · · Score: 1

      I agree with the sentiment... but you're not buying the contents, you're buying the physical medium and the -right- to a copy of the data. You don't own the data itself. If that were the case you could turn around and rebadge it and sell it as your own. (Note: I'm not talking about reselling the DVD on half.com, I'm talking about duplicating and selling massive number of it for profit.)

    13. Re:Laws laws laws. by crapulent · · Score: 1

      Bullshit. Title 17, Chapter 1, Section 117 specifically allows you to make copies of any computer program so long as it's:

      - an essential step in the utilization of the computer program in conjunction with a machine

      or

      - for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful

      Don't spew things that are false.

    14. Re:Laws laws laws. by Anonymous Coward · · Score: 0

      Wrong. You do own the data (to be exact, you own a copy of the original data). You don't, however, have authorship rights to the data.

  20. DeCSS Meta Comment by llamalicious · · Score: 4, Funny
    Hmm, feel free to add here folks, I'm going to post a meta comment for this one (you know they're coming)
    • I should be able to say/print whatever I want! I am teh 1337!
    • The US and all it's USians are heading towards a nihilistic semi-fascist state!
    • DeCSS only breaks something that wasn't secure in the first place, who cares!
    • Six posts of people willing to host mirrors of DeCSS code
    • 4 geeks are going to comment on their DeCSS Perl t-shirts!
    • One militant troll is going to suggest we bomb MPAA headquarters
    • Someone's going to post DeCSS here on /. to see if they can get the comment removed.
    • 3 or 4 trolls who have no idea what DeCSS is are going to ask anyone if they know how to disable regions on their DVD player
    • Requisite flames will be posted telling the posters from the last bullet to STFU and RTFA. Or something.
    • One or two GNAA trolls (seem to be a dying breed, yay)
    • One page widening troll (oh wait, he hasn't shown up lately)
    Correct me, mod me, flame me, whip me, beat me. It's all good, you just aren't that important. Should you post something funny/insightful, I might give a shit. :)
    1. Re:DeCSS Meta Comment by blitzoid · · Score: 2, Funny

      And a partridge in a pear treeeeeee!

      --
      I am a filthy pirate.
    2. Re:DeCSS Meta Comment by swordgeek · · Score: 1

      You forgot the one actual valid response, which gets posted fairly heavily (shockingly!). DeCSS has no relevance to copy protection in the first place. Just decrypting for use.

      But aside from that, I think you got them all.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    3. Re:DeCSS Meta Comment by llamalicious · · Score: 0, Offtopic

      dull noted!

      seeing how you failed to troll or mod me flamebait, and your other comments seem to show intelligent life behind the keyboard, you'll be friended! here, have a cookie.

      oooh shiny..!

    4. Re:DeCSS Meta Comment by Anonymous Coward · · Score: 0

      You forgot the slashbots who are going to demonstrate their fundamental mis-understanding of copyright law by posting that DeCSS is about fair use and not copying.

      As if ripping DVD's to DiVX and sharing them on Kazaa isn't copying.

    5. Re:DeCSS Meta Comment by bigpat · · Score: 4, Funny


      • one or two post about how predictable the other comments are
    6. Re:DeCSS Meta Comment by Anonymous Coward · · Score: 0

      Blah Blah Beowulf Cluster Blah Blah Soviet Russia Blah Blah wouldn't have this problem if you ran Linu... Wait just a damned second! That's got to be a first!

      - DRFSR

    7. Re:DeCSS Meta Comment by Anonymous Coward · · Score: 0

      Brilliant, bigpat! Mod that post up and its parent down. There is always the l33t dipshit who thinks he's smarter than everyone else because he put up a list of "expected" comments.

    8. Re:DeCSS Meta Comment by TopShelf · · Score: 1
      You forgot:

      I'm still on Betamax, you insensitive clod!

      --
      Stop by my site where I write about ERP systems & more
    9. Re:DeCSS Meta Comment by swordgeek · · Score: 1

      Don't be a prat! Of course ripping DVDs and sharing them on Kazaa is copying. So is sharing a completely unaltered iamge of the DVD. The fact that one is decrypted by the sharer, and the other is decrypted by the downloader (who may well burn it to a DVD and toss it into his Sony player with legal decrypting code) is entirely irrelevant. DeCSS didn't make it possible to copy the file.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    10. Re:DeCSS Meta Comment by Anonymous Coward · · Score: 0

      o anticipate the flame from somone's hypocricy against posted list of meta posts.

      o anticipate the anticipation of a list of meta posts.

      o Fair use via Title of Absolute Ownership of Property, as holder in due course, without prejudice (Uniform Commercial Code, a creditor whose debtor relinquises and transfers absolute use and ownership and tennancy of real property to the creditor).

      (this is not a troll, but the two beginning remarks may as well be, if not the latest one I end this post with)

    11. Re:DeCSS Meta Comment by Anonymous Coward · · Score: 0

      It had to be done.

      #include
      typedef unsigned int uint;
      char ctb[512]="33733b2663236b763e7e362b6e2e667bd393db06 43034b96de9ed60b4e0e4\
      69b57175f82c787cf125a1a528 fca8ac21fd999d1004909419 0d898d001480840913d7d35246\
      d2d65743c7c34256c2c64 75dd9dd5044d0d4594dc9cd4054c0 c449559195180c989c11058185\
      081c888c011d797df0247 074f92da9ad20f4a0a429f53135b8 6c383cb165e1e568bce8ec61bb\
      3f3bba6e3a3ebf6befeb6 abeeaee6fb37773f2267276f723a7 a322f6a2a627fb9f9b1a0e9a9e\
      1f0b8f8b0a1e8a8e0f15d 1d5584cd8dc5145c1c5485cc8cc41 5bdfdb5a4edade5f4bcfcb4a5e\
      cace4f539793120692961 703878302168286071b7f7bfa2e7a 7eff2bafab2afeaaae2ff";
      typedef unsigned char uchar;uint tb0[11]={5,0,1,2,3,4,0,1,2,3,4};uchar* F=NULL;
      uint lf0,lf1,out;void ReadKey(uchar* key){int i;char hst[3]; hst[2]=0;if(F==\
      NULL){F=malloc(256);for(i=0;i>2) ^(lf0>>16))b=((lf1 \
      >>12)^(lf1>>20)^(lf1>>21)^(lf1>>24))lf0=(lf0>1) \
      |(a>1)|(b>8)+x+y;} void \
      CSSdescramble(uchar *sec,uchar *key){uint i;uchar *end=sec+0x800;uchar KEY[5];
      for(i=0;i=0;\
      i--)key[tb0[i+1]]=k[tb0[i+ 1]]^F[key[tb0[i+1]]]^key [tb0[i]];}void CSStitlekey2\
      (uchar *key,uchar *im){uchar k[5];int i;ReadKey(im);for(i=0;i=0;i--)key[tb0[i+1]]=k[tb0[ i+1]]^F[key[tb0[i+1]]]^key\
      [tb0[i]];}void CSSdecrypttitlekey(uchar *tkey,uchar *dkey){int i;uchar im1[6];
      uchar im2[6]={0x51,0x67,0x67,0xc5,0xe0,0x00};for(i=0;i6; i++)im1[i]=dkey[i];
      CSStitlekey1(im1,im2);CSStitl ekey2(tkey,im1);}

  21. All DVD piracy to stop! news at 11! by chill · · Score: 5, Insightful

    Of course, all those pirate DVDs that are printed en masse in places like China, New York and LA are going to be put right out of business.

    Heaven forbid people pump the video from a DVD component output into a capture card and make a DiVX copy that is smaller, almost as good and without copy protection.

    IMHO, DeCSS was litigated not because it allowed copying/viewing of DVDs but because it was a major embarrassment to the industry. Their best and brightest were humbled by a kid from Norway. Oh the shame!

    DeCSS was written for, and mainly used for, watching legally purchased DVDs on Linux computers. Was the DVD industry ever able to come up with examples of DeCSS being used to pirate DVDs? There are probably more pirate DVDs stamped in China in one day that were EVER made with DeCSS.

    Loss of face. A shame the idiots in charge just didn't commit suicide and get it over with.

    --
    Learning HOW to think is more important than learning WHAT to think.
  22. Hypocritical by Prizm · · Score: 5, Insightful

    Why is it that we can post the directions for how to properly murder someone or build a bomb (In fact, this seems to be the topic of most movies made today), yet we are barred from posting DVD-copying code?

    Can a case be made that posting DVD-copying code and directions on a website makes people more likely to copy DVDs, while there is no correlation to how many people are more likely to build a bomb or murder someone after reading the directions online?

    1. Re:Hypocritical by King_TJ · · Score: 1

      No, it's simply because there's no corporation with a vested interest in protecting a specific set of directions on a method of murdering someone, or building bombs, which is currently leaked out all over the Internet against their wishes.

    2. Re:Hypocritical by monkeydo · · Score: 1

      Can a case be made that posting DVD-copying code and directions on a website makes people more likely to copy DVDs, while there is no correlation to how many people are more likely to build a bomb or murder someone after reading the directions online?

      Do you disagree?

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    3. Re:Hypocritical by Xeth · · Score: 3, Funny
      Because murder/terrorism don't directly affect the level of control that the media conglomerates have.

      Sad answer to the rhetorical question...

      --
      If your theory is different from practice, then your theory is wrong.
    4. Re:Hypocritical by 3terrabyte · · Score: 1

      Good point. I guess the RIAA hasn't been killing people for profit lately. Good thing, otherwise, they'd sue anyone that was trying to cut in...

      --

      Why are there only 19 people folding@home for slashdot?

    5. Re:Hypocritical by RealityProphet · · Score: 1
      Why is it that we can post the directions for how to properly murder someone or build a bomb

      Because nobody has yet brought a suit against someone for posting information on how to build a bomb. If someone actually goes to a site that tells them how to build a bomb, builds one, and then that person murders someone with the bomb, you can bet your ass that the person behind that web site will be held accountable. Then that "speech", just like yelling, "Fire!" in a crowded theater, will be exempt from the first amendment.

      Remember: a condition, or a law, needs to be challenged before it can be struck down. You cannot simply strike down a law just because [you feel] it is unconsitutional. The law must be used, and then the person who it is used against can bring suit against it.

    6. Re:Hypocritical by nitpick1 · · Score: 1

      Murder is in the public domain and bombs are open source.

    7. Re:Hypocritical by HiThere · · Score: 1

      Actually, they have. They lost. Of course, that was decades ago.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    8. Re:Hypocritical by DanAnderson26 · · Score: 1

      If you live in the US you can't post instructions for making a bomb:

      http://zdnet.com.com/2100-1105_2-5063032.html

      Dan

    9. Re:Hypocritical by gillbates · · Score: 1
      Why is it that we can post the directions for how to properly murder someone or build a bomb...

      Actually, you can't. IIRC, public dissemination of bomb-building techniques was made illegal in 1997. Something as simple as talking about using match heads to build pyrotechnic devices is now a federal felony. RaiseTheFist.com was shut down for doing this very thing. After the 9/11, even a newsgroup discussion about ways to make a bomb is illegal.

      --
      The society for a thought-free internet welcomes you.
    10. Re:Hypocritical by YrWrstNtmr · · Score: 1

      "Why is it that we can post the directions for how to properly murder someone or build a bomb"

      Actually, it appears you can't.

      See Sherman Austin's recent sentencing, in part from putting up links to bomb making sites.

    11. Re:Hypocritical by zenyu · · Score: 1

      Actually, you can't. IIRC, public dissemination of bomb-building techniques was made illegal in 1997. Something as simple as talking about using match heads to build pyrotechnic devices is now a federal felony.

      Better close down the New York Public Library then. It's not yet illegal for me to tell you to combine a volatile petrochemical with some high nitrogen content fertilizer and use high current and thin wire as a fuse to blow up a hill for your road project in a pinch. It is illegal for me to bring up bomb making techniques in a political discussion. It's all about perceived intent.

      RaiseTheFist.com was shut down because the kid had a public defender instead of the best lawyer his mom could borrow money for.

    12. Re:Hypocritical by nullard · · Score: 1
      The relevant part of the article on this reads:
      ... it is illegal to publish such instructions with the intent that readers commit "a federal crime of violence."


      This implies that it is not illegal if you say:

      I implore the readers of these instructions not to commit a federal crime of violence with the information on this page.


      Are the silly looking disclaimers of the early '90s going to make a comeback?
      --


      t'nera semordnilap
    13. Re:Hypocritical by UberLord · · Score: 1

      Why is it that we can post the directions for how to properly murder someone or build a bomb (In fact, this seems to be the topic of most movies made today), yet we are barred from posting DVD-copying code?

      It doesn't cost big corps a single cent if you murder somone or build a bomb. However, if you post code to copy a DVD then it hurts their bottom line.

      What sickens me is that DVD-copying code (your words) is misleading. DVD-Reading code is more appropriate. The DVD has to be read and decrypted to be shown in your DVD player. This is the primary useage of the decss code. The fact that the same code can be used to save the DVD to an mpeg or divx file is used by the legal people just to screw you and me. If the DVD makers released a DVD player freely available on every platform I'd use that and stay legal. But they don't so I flaunt the law

    14. Re:Hypocritical by calidoscope · · Score: 1
      Why is it that we can post the directions for how to properly murder someone or build a bomb (In fact, this seems to be the topic of most movies made today), yet we are barred from posting DVD-copying code?

      This has got to one of the most insightful comments I've ever read on this subject - I would really like to be able to force each and every member of the CA Supreme Court the choice of explaining why to my satisfaction or be stripped of all of their rights as provided by the U.S. Constitution - especially the part about "due process of law".

      A few years ago someone sued Oliver Stone after a relative was killed by someone who was "inspired" by "Natural Born Killers". By the logic of the **AA's, Oliver Stone is guilty of being an accessory to murder. It was really sickening to se the news media pleading "First Amendment" on that one.

      --
      A Shadeless room is a brighter room.
    15. Re:Hypocritical by gillbates · · Score: 1
      Better close down the New York Public Library then.

      I've heard about federal agents asking libraries to remove certain "harmful" books from circulation after 9/11. Not sure how successful they were, though.

      --
      The society for a thought-free internet welcomes you.
  23. "Outranked"? by badasscat · · Score: 5, Interesting

    the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case.'"

    If this is in fact what they said, it'll never hold up. Freedom of speech is the First Amendment to the US Constitution (for those of you who don't live here). It cannot be "outranked" by property and trade secrets rights. No state or federal law can "outrank" the Constitution of the United States.

    The article may have misinterpreted the decision, but if that indeed was the decision, it will be overturned.

    1. Re:"Outranked"? by Henry+V+.009 · · Score: 4, Insightful
      It seems likely that the article misinterpreted the decision. The first line gives a more probable interpretation of what the Court actually said (which is in line with the first decision on this):
      The California Supreme Court ruled Monday that a Web publisher could be barred from posting DVD-copying code online without infringing on his free speech rights.
      It seems to me that the Courst felt that free speech was not at issue. The article quotes the court:
      "Disclosure of this highly technical information adds nothing to the public debate over the use of encryption software or the DVD industry's efforts to limit unauthorized copying of movies on DVDs," the court wrote. "We do not see how any speech addressing a matter of public concern is inextricably intertwined with and somehow necessitates disclosure of DVD CCA's trade secrets."
      So the Court is creating a distinction between speech and 'information.' And it is saying that government can regulate 'information' to the hilt. This is defining the concept of speech down rather than putting trade secret law over free speech. I still hope that SCOTUS slams them hard on this one.
    2. Re:"Outranked"? by Henry+V+.009 · · Score: 1

      Addendum: If 'highly technical information' really isn't protected speech, then that is a wonderful opportunity for the government to regulate scientific journals. You know, to keep the terrorists from getting ideas.

    3. Re:"Outranked"? by GigsVT · · Score: 1

      Freedom of speech is the First Amendment to the US Constitution

      I don't think they were in any particular order, although I think one could argue that the founders ordered them that way to hint at their relative importance. IANAH(istorian).

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    4. Re:"Outranked"? by Lord_Dweomer · · Score: 1
      "Freedom of speech is the First Amendment to the US Constitution (for those of you who don't live here). It cannot be "outranked" by property and trade secrets rights. No state or federal law can "outrank" the Constitution of the United States. "

      You must be new to this country.

      --
      Buy Steampunk Clothing Online!
    5. Re:"Outranked"? by Anonymous Coward · · Score: 0

      You might feel differently if someone published step-by-step instructions on how to break into your house. I don't mean instructions on how to break into houses but rather how to break into your house specifically.

      I think having some limits on free speech is not only a good idea but actually necessary for some peace of mind.

    6. Re:"Outranked"? by Fnkmaster · · Score: 1
      All that paragraph says is that legally, they don't see DeCSS as "political speech", which is the category of speech deemed in our legal system to be most highly subject to protection by the First Amendment. Now, other forms of speech are still assumed to be protected, but the protections on non-political speech may be trumped by other concerns, such as an intellectual property system that promotes investment in and development of new technology. Or preventing libel or fraud. Etc. Almost ANY speech is permissible, even if it is absolutely despicable and repugnant, if it meets the criteria set for political speech (i.e. "addressing a matter of public concern", "contributing to public debate" on an issues, etc.).


      I am not positive I agree with that sentiment, nonetheless. But that's not really the point. I don't believe that trade secrets should be usable to infringe on basic property rights - a company's right to declare some arbitrarily simple algorithm, magic number, keycode, or fact to be a "trade secret" is silly to begin with. And it's certainly even worse to suggest that a trade secret that can be easily discovered by legally permissible reverse engineering should trump the rights of consumers to use legally purchased products (DVDs) in the devices of their choice. If somebody else figured it out, how can it still be a trade secret? And if you have to figure out the "trade secret" to build compatible devices to work with a widely distributed "standardized" consumer product, how could it possibly be a legitimate trade secret? These are the issues that a court should address. I would like to see this kind of abuse of intellectual property law of any sort to be stopped (i.e. sticking trademarked words in "keys" used to protect some copy protection mechanism is really no different than calling some magic numbers stuck in there and minimal algorithm a "trade secret", and both tricks have been attempted by industry groups to fuck over consumers).

    7. Re:"Outranked"? by toxic666 · · Score: 1

      And IP is addressed in the body of the original Constitution. Article I, Section 8: Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

    8. Re:"Outranked"? by fishbowl · · Score: 1

      > I still hope that SCOTUS slams them hard on
      > this one.

      Hard enough to suit me would involve removing the judges from the bench who made this ruling, and disbarring any attorney who was arguing for it.

      Attempting to create laws which are in fundamental opposition to the Constitution should carry severe consequences for those who participate in such treason.

      --
      -fb Everything not expressly forbidden is now mandatory.
    9. Re:"Outranked"? by JonSari · · Score: 1

      Systematically allowing private interests to trump free speech in this way would be a dire risk to our position as the world's technological leader, which is fundamental to our economy. If I cannot analyze another's algorithm, it will dramatically reduce my ability to improve upon it.

      This is precisely the form of "innovation" that Microsoft generates its profits from.

    10. Re:"Outranked"? by Anonymous Coward · · Score: 0

      simple solution then, take DeCSS, (you have to understand code!) and do a detailed writeup of exactally what it does, IN ENGLISH! and post that instead of the code. then it is clearly 'speach' not just information.

      hint, the goal here is to push things far enough that it is clear to the lawman that free speach is being infringed.

    11. Re:"Outranked"? by alexo · · Score: 1

      Burn, Karma, burn...

      Only persons have rights.
      You are not a person, you are a consumer.

      The distinction is simple: to be a person you have to be able to buy legistlation.
      Corollary: Wealthy corporations are persons.

      > This is defining the concept of speech down rather than putting trade secret law over free speech.

      Translation: If we cannot override the constitution, we'll find a way around it.

    12. Re:"Outranked"? by Anonymous Coward · · Score: 0

      Property rights are also part of the constitution, however. While I agree that the ruling will probably be overturned, your analysis is flawed. The constitution contains many contradictory points, which are only really resolved in the courts.

      I'm a little puzzled how a traditionally whacko lefty court like the ones in California would have ruled in such a boneheaded way, though. Makes you kinda wonder at how much power the suits in Hollywood really have.

    13. Re:"Outranked"? by Chops-Frozen-Water · · Score: 1
      Now, other forms of speech are still assumed to be protected, but the protections on non-political speech may be trumped by other concerns, such as an intellectual property system that promotes investment in and development of new technology.

      Which is a scary principle, in that it almost makes whistle-blowing un-protected speech...
      I know that whistle-blowing has its own legal protections, but without that protection it sounds as if it'd be iffy as to whether or not it would be protected speech given the court's decision. What's the threshold for "addressing a matter of public concern" or "contributing to public debate"? It's a slippery slope they've stepped on...
      --
      The Future: Some assembly required; batteries not included.
    14. Re:"Outranked"? by Anonymous Coward · · Score: 0

      Yes, and you might feel differently if I held a knife to your throat until you recanted your statements. What both of our scenarios share is that they are both irrelevant to the issue at hand. HAND.

      Oh, and my peace of mind relies on you being prevented from saying anything ever again, so do work on that old chap. KTHXBYE.

    15. Re:"Outranked"? by PurpleWizard · · Score: 1

      Mickey Mouse copyright act managed to side step the constitution. Lawyers and industry sponsored politicians are good at circumnavigating those sorts of trivial black and white things.

    16. Re:"Outranked"? by Guppy06 · · Score: 1

      "It cannot be "outranked" by property and trade secrets rights."

      The hell it can't. My ownership of my front yard trumps your "right" to set up a soapbox on it.

      Or are you saying that the first amendment give advertisers the right to set up a billboard on your property without your permission? Or that my "right" to reproduce virus code trumps your right to control what goes on with your computer?

      "No state or federal law can "outrank" the Constitution of the United States."

      It's called "common law." It's why the federal constitution says you can be secure in your papers and posessions without having to explicitly spell out what "papers" and "posessions" means.

      At any rate, the argument was misapplied: A purchased DVD is no longer the property of the publisher.

    17. Re:"Outranked"? by Sphere1952 · · Score: 1

      It's been done. Even better are the songs, such as Joesph Wecker's descramble.

      --
      Big Brother Bush is doubleplus ungood.
  24. illegal prime by SHEENmaster · · Score: 4, Informative
    4
    8565078965 7397829309 8418946942 8613770744 2087351357
    9240196520 7366869851 3401047237 4469687974 3992611751
    0973777701 0274475280 4905883138 4037549709 9879096539
    5522701171 2157025974 6669932402 2683459661 9606034851
    7424977358 4685188556 7457025712 5474999648 2194184655
    7100841190 8625971694 7970799152 0048667099 7592359606
    1320725973 7979936188 6063169144 7358830024 5336972781
    8139147979 5551339994 9394882899 8469178361 0018259789
    0103160196 1835034344 8956870538 4520853804 5842415654
    8248893338 0474758711 2833959896 8522325446 0840897111
    9771276941 2079586244 0547161321 0050064598 2017696177
    1809478113 6220027234 4827224932 3259547234 6880029277
    7649790614 8129840428 3457201463 4896854716 9082354737
    8356619721 8622496943 1622716663 9390554302 4156473292
    4855248991 2257394665 4862714048 2117138124 3882177176
    0298412552 4464744505 5834628144 8833563190 2725319590
    4392838737 6407391689 1257924055 0156208897 8716337599
    9107887084 9081590975 4801928576 8451988596 3053238234
    9055809203 2999603234 4711407760 1984716353 1161713078
    5760848622 3637028357 0104961259 5681846785 9653331007
    7017991614 6744725492 7283348691 6000647585 9174627812
    1269007351 8309241530 1063028932 9566584366 2000800476
    7789679843 8209079761 9859493646 3093805863 3672146969
    5975027968 7712057249 9666698056 1453382074 1203159337
    7030994915 2746918356 5937621022 2006812679 8273445760
    9380203044 7912277498 0917955938 3871210005 8876668925
    8448700470 7725524970 6044465212 7130404321 1826101035
    9118647666 2963858495 0874484973 7347686142 0880529443

    extract it with:

    #!/usr/bin/perl
    use LWP::Simple;
    use Math::BigInt;
    my $html = get("http://www.utm.edu/research/primes/curios/485 65...29443.html");
    my($prime) = $html =~ m{
    ([^};
    $prime =~ s{\D+}{};
    $prime = Math::BigInt->new($prime);
    my $binary = '';
    while ($prime > 0) {
    $binary = pack("N", ($prime % 2**32)) . $binary;
    $prime /= 2**32;
    }
    $binary =~ s{^\0+}{};
    open(my $fh, "| gunzip -c 2>/dev/null") or die "cannot gunzip, $!";
    print $fh $binary;
    close $fh;
    --
    You can't judge a book by the way it wears its hair.
    1. Re:illegal prime by BrynM · · Score: 1

      Could you explain that a little bit? Is that part of the encryption/decryption code?

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    2. Re:illegal prime by Anonymous Coward · · Score: 5, Funny

      extract it with:

      #!/usr/bin/perl


      Anyone else see the irony in using Perl to make something less obfuscated? :o)

    3. Re:illegal prime by swordgeek · · Score: 1

      Bah!!!

      Just post the damned code, and quit playing with cute ways of extracting it. The point was made--two years ago. The courts WILL recognise this as identical to the actual code, and will act on both, or neither.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    4. Re:illegal prime by silas_moeckel · · Score: 2, Informative

      It is teh DeCSS code. CSS is so tirvial of an encryption scheme that you can effectivly make the decoder out of a big prime number and gzip.

      --
      No sir I dont like it.
    5. Re:illegal prime by BrynM · · Score: 1

      Wow. That's an interesting facet of this. I remember the arguments about how trivial it was and have seem CSS code myself (even managed to compile some), but the gzip example puts it over the top. I'll have to give the code a try.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    6. Re:illegal prime by korgull · · Score: 3, Funny

      you're in some kind of trouble now.
      This number was patented I believe.

    7. Re:illegal prime by pyrrhonist · · Score: 1
      For more in depth articles try these:

      DeCSS Prime

      Gallery of CSS Descramblers

      --
      Show me on the doll where his noodly appendage touched you.
    8. Re:illegal prime by bytesmythe · · Score: 2, Insightful

      Just for the record, the triviality of the encryption scheme is irrelevant. ALL programs are "numbers" in some numeric base system. Since they use a lot more symbols than standard counting, a program would be represented by something like base-50 or so. That number can be easily converted to any other base.

      In the case of this DeCSS code, however, all they did was gzip the source file, then take the huge hexadecimal number that represented that file and convert it to base-10. It just so happens the number is prime. So, DeCSS may indeed be trivial, but you could do the same thing with the source for SSH or MD5 hashing, or even the entire linux kernel.

      --
      bytesmythe
      Hypocrisy is the resin that holds the plywood of society together.
      -- Scott Meyer
    9. Re:illegal prime by Anonymous Coward · · Score: 0

      Ya know, having perl code that's cross platform would be nice -- though your code is nifty, it falls into one of the traps of Linux proponents -- I can't execute this script on my Windows Machine (With Activestate Perl) because it makes use of linux/unix commands. Quite honestly, that sucks for me -- but if you are going to post code, at least make it code that can be read cross-platform.

  25. solution by ih8apple · · Score: 1

    According to the article:

    "Monday's Supreme Court ruling will let companies protect their legitimate trade secrets from online distribution while still holding out the possibility that DeCSS might ultimately be deemed too widely distributed to qualify for that protection, some attorneys said. "

    So the solution to all of this is to widely distribute anything you want to be free speech and eventually the protection will cease due to the wide distribution. So, with the widespread use of MP3s, shouldn't they no longer be considered protected and be freely available as free speech?

    1. Re:solution by Anonymous Coward · · Score: 0

      No, because your Britney mp3s aren't "trade secrets," but they are copyrighted. Different rules apply.

    2. Re:solution by i_am_nitrogen · · Score: 1

      MP3's are covered by copyright, which protects expression of ideas. Trade secret laws protect those ideas themselves, but only until the idea is conceived by someone else, or discovered in a legal way.

      Copyright is used to protect artistic creations while widely distributing them. Trade secrets are protected by not distributing them.

  26. Is this for California only? by Dante333 · · Score: 1

    Does this ruling apply to people outside of California? Does this ruling apply to say Matthew Pavlovich, who was removed from the law suit, because he had no connection to California? In a related note raise your middle finger if you think this isn't going to be appealed to the Federal Court system?

  27. Never Meant to Be Public by BrynM · · Score: 2, Insightful
    "property and trade secrets rights outranked free speech rights in this case, because the DVD code was never meant to be public."
    And the watergate tapes were never meant to be public. Neither was that Lawinski blowjob. Or the problems Pintos had with rear impacts. Or the harmful effects of tobacco. Or the methamphedamine formula. Or the LSD formula. etc. etc. etc.

    This doesn't change the fact that the DVD code became public and now is. Being that manufacturers provided discs with the DVD code on them to the public for a small fee, I don't see how it could have been avoided.

    --
    US Democracy:The best person for the job (among These pre-selected choices...)
    1. Re:Never Meant to Be Public by gl4ss · · Score: 1

      besides than that.. if there weren't decss by now somebody would have written some program to catch the output from some legit dvd viewing program so that it would be just as simple to rip a dvd(or heck, captured analog signal from hw player which they,mpaa, would like to see disappear too).

      so what it burns down to is that decss doesn't even matter _that_ much, what it makes possible is open source dvd players, it's effect on piracy and copying of divx's & etc is just about nil..
      -

      --
      world was created 5 seconds before this post as it is.
    2. Re:Never Meant to Be Public by Student_Tech · · Score: 1

      The method they use (CSS) I beleive is public, its just the keys they use to decrypt it that aren't supposed to be public.

    3. Re:Never Meant to Be Public by drakaan · · Score: 1

      Neither was that Lawinski blowjob

      Pretty sure that should have read blowjobs (plural). Just want to make sure accuracy is kept high (as usual) on slashdot...

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  28. damn by stagl · · Score: 2, Funny

    what about that t-shirt i got from think geek a while back? should i be nervous? ;)

    --

    R.I.P.
  29. DeCSS by The+Old+Burke · · Score: 1
    'the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case.'
    At first this sounds wrong, free seech sholfd be protected under the constitution, right?

    The thing is that the constitution doesn't specific mention this sort of case. Intellectual property should and is protected at the same level as property. Such a level where choosen by the founding fathers becuase they discovered that the the intellectual property is vital to a growing economy. In other words, this dessicon is correct under the constitution.

    --
    Proud patriot and republican voter.
    1. Re:DeCSS by Anonymous Coward · · Score: 0

      "Proud patriot and republican voter."

      Oh, and don't forget illiterate.

      I had to read your post three times to make it through the spelling and grammatical errors, only to find that your point was completely nonsensical.

      Now I understand how your country put Bush into power.

    2. Re:DeCSS by gilroy · · Score: 1
      Blockquoth the poster:

      Such a level where choosen by the founding fathers becuase they discovered that the the intellectual property is vital to a growing economy.

      Yeah, let me be the first to call "BS" on that. Jefferson has a famous quote that ends, "Inventions then cannot, in nature, be a subject of property." And if the Founders thought that intellectual property should be protected "at the same level" as real property, why then does it expire? Real property never expires; your property rights in, say, your house or your car never go away with the simple passage of time. But your "intellectual property" rights have a clock ticking from the moment you receive them. (No one ever seems to admit or deal with this curious distinction...)


      The Founder were clear and emphatic: Things like copyright were useful to spur creation of new works. They almost certainly did not conceive of it as a way to spur the economy, as the contribution of IP to the total economy in 1787 was nearly nil. They thought that prosperity came from real estate. On the other hand, copyright and patent law could help give an incentive to authors and inventors. But they also recognized -- having suffered under the restrictive British system and having seen its negative effects -- that "intellectual property" law could also stifle and destroy the public domain. That's why copyright expires ... precisely because the Founders recognized that it was not "property" like a parcel of land or a musket.

    3. Re:DeCSS by Jimithing+DMB · · Score: 1
      The thing is that the constitution doesn't specific mention this sort of case. Intellectual property should and is protected at the same level as property. Such a level where choosen by the founding fathers becuase they discovered that the the intellectual property is vital to a growing economy. In other words, this dessicon is correct under the constitution.

      Really? The constitution does not mention "Intellectual property." It does, however, specifically mention things such as copyrights and patents.

      Nice signature... proud to be a Republican. I generally do like to vote Republican because I generally tend to agree with them more than Democrats, but I wouldn't say I was proud of it because frankly both political parties in this country suck eggs.

      I get the impression that you are eating the party line right up. That's plainly obvious when you make statements suggesting that the founding fathers considered "intellectual property." Whether you agree or disagree with organizations such as GNU, you should go to www.gnu.org and read GNU's position on so-called intellectual property.

      To sum up GNU's position: Intellectual property is a term that does nothing but confuse the issues of copyrights, patents, trademarks and other areas of law.

      As far as this case is concerned, I see in the article that the judges only ruled that trade secret law trumps free speech rights for this case. They also issued a ruling that the case should be reexamined to find out if any trade secrets actually were violated. I suppose I can view that as a reasonable ruling. However, I would not be able to fathom another ruling that any trade secrets were actually violated. Furthermore, it's generally accepted practice that once a secret is out in the open, it's no longer a trade secret and so no longer deserves the protections.

      I wouldn't consider this a setback but more of a readjustment to fit the case in the legal framework where it should have been in the first place.

    4. Re:DeCSS by INMCM · · Score: 1

      No, it is not. No where in the constitution does it say that property is more important than free speech. The constitution DOES say that congress may make no law prohibiting free speech. The court is required to interperate laws within that guideline. Free speech will win out in this case because the information is already so widly avaible and ordering folks to stop distrubuting it would be an intrinsic limitation of free speech.

      Speaking of founding fathers; they would abhore the state copyright law has fallen in to. Corporations have managed to extend the orginal copyright term and possible extensions to the most extreme lengths. Yes, our founding fathers saw IP as a vital part to a growing nation but only if it entered public domain after a few years.

      --
      Caffeine Good
  30. Which came first? by worst_name_ever · · Score: 3, Funny
    ...the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case...

    Right, because you know, since property and trade secrets rights are guaranteed in the Zeroth Amendment to the Bill Of Rights, they outrank the First Amendment, don't they?

    --

    In Soviet Rush, today's Tom Sawyer gets high on you.
    1. Re:Which came first? by Anonymous Coward · · Score: 0

      If by zeroth, you mean they're in the original text of the Constitution, then yes.

      Down with Free Speech. Tell all your friends.

    2. Re:Which came first? by markt4 · · Score: 1

      Well, property rights are mentioned in the Fifth Amendment:

      "... nor shall private property be taken for public use, without just compensation."

      But that's probably not what they meant.

    3. Re:Which came first? by Anonymous Coward · · Score: 0

      Don't forget the Xth Amendment, it gives us the RIGHT to DeCSS.

    4. Re:Which came first? by toxic666 · · Score: 3, Informative

      You are correct, they are not guaranteed by an amednment, but in the original text.

      United States Constitution, Article I, Section 8:

      Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

    5. Re:Which came first? by BigBadBri · · Score: 1
      Science and useful Arts (my emphasis)

      I don't think that DVDs come under the Founders idea of a 'useful Art' - their conception of 'useful Art' would be better viewed as a technique, or a recipe, or invention.

      Novels, idle entertainments, and the like were far less prevalent than they now are, and to the extent that the authors of such works were intended to be protected, we need only look at the copyright provisions - the grant of exclusivity for limited periods.

      DeCSS does not conflict with Clause 8 - being reverse engineered, it contains nothing taken directly from the original work, and it applies, in any case, to works other than those intended to be protected under the Constitution.

      --
      oh brave new world, that has such people in it!
    6. Re:Which came first? by karlmiller · · Score: 1

      Actually, the passage you are referring to allows for patents and copyrights. I've never heard anyone interpret that to mean that companies are allowed to inhibit speech once a trade secret has been figured out. Just my two cents.

    7. Re:Which came first? by d3faultus3r · · Score: 1

      While the Bill of Rights is part of the constitution, the constitution is not part of the bill of rights. for that reason, copyright cannot be the zeroeth amendment to the Bill of Rights. That and the rules of grammar and math.

      --
      read my blog
      musings on politics and technol
    8. Re:Which came first? by jdavidb · · Score: 2, Interesting

      Perhaps the first amendment repealed that section of the Constitution.

    9. Re:Which came first? by rbird76 · · Score: 1

      This specifically doesn't apply to trade secrets - trade secrets are kept for unlimited time unless someone spills the beans, in which case they're null and void. Also, the point of this article (of the Constitution) is to ensure that the author gets protection for his/her works in return for allowing others to use them AND build from them (science can't be advanced easily with an object that is a black box - if the mechanism of output isn't known, what the output means is unknown, even when the output is useful). Trade secrets thus don't seem to be covered by this article - only things like patent, trademark, and the like.

      Please note though - IANACS (Constitutional scholar).

  31. Hilarious by Anonymous Coward · · Score: 0

    /*
    * css_unscramble.c : unscrambling function

    * Copyright (C) 1999 Derek Fawcus

  32. In other words... by Sanity · · Score: 4, Insightful
    The movie industry's right to prevent fair use of DVDs outranks our right to know when we are being sold flawed cryptography?

    CSS does not prevent people from copying CDs illegally, what it does prevent is perfectly legal uses of DVDs such as playing them in countries other than that in which they were sold, and playing them on operating systems for which CSS decoders might not exist. Now our government wants to compromize the 1st amendment to defend their right to stop us from doing something that our laws specifically entitle us to do?

    All laws which seek to limit two or more people's ability to willingly share ideas and information will ultimately be seen as being just as rediculous as witch burning or the Spanish Inquisition. Our right to effectively regulate our governments, which requires that we have free and open access to knowledge, ideas, and information, is being sold off based on the wrong-headed dogma that treating everything as "property" will improve efficiency.

    Having said all that, I think we should welcome this ruling - since it is perhaps one of the clearest examples of how the 1st Amendment is being corroded by laws which increasingly serve only to stifle innovation and prop up monopolies to the detriment of science and the useful arts.

    1. Re:In other words... by Richard_at_work · · Score: 1
      Ok, jsut a little trivia for you, dont read into this in any way :)

      hat it does prevent is perfectly legal uses of DVDs such as playing them in countries other than that in which they were sold

      Actually, in many countries this is illegal anyway. In the UK, it is illegal for you to sell, buy or view any motion film that has not been passed and rated by the board of classification (those nice people who decides what age you have to be to watch a film)

      It doesnt matter if the region 1 dvd that you are playing in the UK is exactly the same as the region 2 dvd you can purchase here, the region 1 dvd doesnt have a classification in the UK, and therefor is illegal to watch!!

      And the crux of the matter is that this isnt just the UK, many countries have this limitation although few if any prosecutions have come about because of it :)

      CSS does not prevent people from copying CDs illegally

      No, but it does allow all those DVD rip SVCDs floating around on the net, downloadable by all. Now tell me how that can be classed as fair use. Yes, decss may have quasi legitimate uses, but still.

      and playing them on operating systems for which CSS decoders might not exist.

      You know, this might jsut be a good time for an enforced boycott of the movie industry until they allow us proper access!!

      perhaps one of the clearest examples of how the 1st Amendment is being corrodeded...

      The problem with free speech laws is that how do you determine where to stop, what line is enough, or do you jsut allow all free speech? Threats? Allegations about your sex life with sheep? yes, dubious stuff like that is covered under other laws, and will be stopped, but then do you not have protection under the 1st amendment for saying these things?! Its very similar to the Decss case here, one party wants to claim free speech, the other says it isnt. Personally, my view is how the hell is a bit of code speech at all? It isnt, in exactly the same way as a car engine isnt as well. They come under freedom of expression, potentially, and im not an american so i do not know where you guys stand on that.

    2. Re:In other words... by zurab · · Score: 1
      I think we should welcome this ruling - since it is perhaps one of the clearest examples of how the 1st Amendment is being corroded by laws which increasingly serve only to stifle innovation and prop up monopolies to the detriment of science and the useful arts.


      Look at this quote from the ruling:

      The mere fact that DVD CCA's trade secrets may have some link to a public issue does not create a legitimate public interest in their disclosure. ... Disclosure of this highly technical information adds nothing to the public debate over the use of encryption software or the DVD industry's efforts to limit unauthorized copying of movies on DVD's. And the injunction does not hamper Bunner's ability to "discuss and debate" these issues as he has "in the past in both an educational, scientific, philosophical and political context." Bunner does not explain, and we do not see, how any speech addressing a matter of public concern is inextricably intertwined with and somehow necessitates disclosure of DVD CCA's secrets ...

      In other words, they are saying that, since this computer code looks like Greek (not even) to them, it's probably not important in the discussion and public debate. As they said, "adds nothing to the public debate". How can they say this? What do they know whether it adds to public debate or not? What is the definition of "public debate"? If you ask people who use this encryption method for research, documentation, studies, improvement of similar and better encryption methods, etc. then it does add to "public debate".

      And what is that "government's interest in encouraging innovation and development" they keep referencing? Hell, here I was thinking it was public interest.
  33. Outrageous Outranking by An'Desha+Danin · · Score: 5, Insightful
    '...the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case.'

    Funny, I wasn't aware that propety and trade secrets rights were in the Constitution.

    --
    Anything you might ever need to say about anything has already been said better by Penny Arcade.
    1. Re:Outrageous Outranking by Telastyn · · Score: 0, Flamebait

      And neither is the prohibition of yelling *FIRE!* in a theatre for example.

    2. Re:Outrageous Outranking by Anonymous Coward · · Score: 0

      Did you read it?

    3. Re:Outrageous Outranking by Xeth · · Score: 1
      The problem with this argument (as much as I'd love for it to be correct) is that copyright and all other intellectual property must *by their very nature* restrict free speech. If they cannot, they have no power at all. And much as the general crowd around here might hate them, reasonable copyrights do (at least for the time being) serve a reasonable purpose. Perhaps in some vaguely distant future where we have sufficient automation to make working an option for most we can abolish such laws, but until then they do serve an (at least on ocassion) beneficial purpose.

      As an aside, DeCSS is a ridiculous abuse of the DMCA's overly broad powers, and should be abolished with that corrupt law. I am just trying to point out that limiting free speech is a necessary property of copyright.

      --
      If your theory is different from practice, then your theory is wrong.
    4. Re:Outrageous Outranking by toxic666 · · Score: 3, Informative

      Then you should try reading it sometime:

      Article I, Section 8:

      Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

    5. Re:Outrageous Outranking by Anonymous Coward · · Score: 1, Interesting

      That's probably because you've never taken a government class on the US Constitution. The Constitution definitely guarantees property rights. One of the major points of the Constitution is that while the government has the power of eminent domain, you must be compensated if you are deprived of your property. It's right up there with life, liberty, and the pursuit of property (or happiness, as it was later changed for purposes of political correctness).

    6. Re:Outrageous Outranking by Anonymous Coward · · Score: 0

      But theInventor in this case is Jon Johansson. So *HE* can give free access to DeCSS.

      Thank you.

    7. Re:Outrageous Outranking by rbird76 · · Score: 1

      Actually, um, no, the statement wasn't changed for PC. The original statement is in the Declaration of Independence which (obviously) predated the Constitution.

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness...
      (from www.law.indiana.edu/uslawdocs/declaration.html)

      I think your overall point (that the Constitution protects property rights) is correct, just not the last parenthetical phrase.

  34. Isn't this a little late? by Genjurosan · · Score: 1

    I'm curious as to what's next? DeCSS is so far out there now, I don't see how it can ever be retracted. I know that without it, my HTPC would not be possible. I use DVD Decrypter (www.dvddecrypter.com) to rip all my purchased movies to my HDD so I can output them at 1080i.

    For the more educated when it comes to CSS, Is there a way, other than changing the entire standard of encryption, to fix the damage that has been done? Someone please post an 'informative' post with some information please.

  35. Meant to be public? by dachshund · · Score: 3, Interesting
    the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case, because the DVD code was never meant to be public

    If I'm not mistaken, this code wasn't stolen, it was reengineered from scratch, wasn't it? If that's the case, what does it matter if the code was "meant to be" public? It became public the minute its author wrote it. Is the court really saying that the manufacturer's intent bars me from writing original descriptions of a product?

    PS I realize that this may be an issue of the code containing "stolen" trade secrets such as keys. If this is the case, would the decision still apply to a truly "clean-room" version of DeCSS?

    1. Re:Meant to be public? by shdragon · · Score: 1

      Sorta... As I recall, dvdjon lifted/discovered/whatever one of the original keys from a hardware dvd player. That was the basis of the reverse engineering. IANAL or an engineer for that matter so I'm not sure how "the key" plays in to all this.

      A truly "clean-room" version of DeCSS would make this a null issue.....IF it weren't for the DMCA which makes it illegal to reverse-engineer a copy-protection scheme.

      --
      "...we dont care about the economics; we just want to be able to hack great stuff."
  36. Are trade secrets a constitutional right? by fejrskov · · Score: 2, Insightful

    Two questions from a non-US citizen:

    - Are property and trade secrets rights a constitutional right?

    - Can anything outweigh a constitutional right?

    I Denmark we have something called "Grundloven" (translates to something like "the basic law"). NOTHING can surpass what's written in this law. I sure hope that's the case too with your constitution...

    1. Re:Are trade secrets a constitutional right? by Jim+McCoy · · Score: 1

      - Are property and trade secrets rights a constitutional right?


      Yes. Property rights are broadly covered by the fifth amendment to the constitution when it states "nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation" and also by reference in a varity of other clauses in the constitution. Trade secrets are covered in Article one, section eight where it states that Congress shall have the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" which covers copyright, patents, and trade secrets.


      - Can anything outweigh a constitutional right?


      No. One section of the constitution clearly states that it is "the supreme law of the land" (Article six, paragraph two.) Nothing can trump the constitution, which is why so many tricky questions in US law end up being decided by the US Supreme Court; once the supremes rule on how a law fits (or does not fit) into the contitutional framework that is the end of the discussion unless the people amend the constitution. [The court will occasionally reverse itself and say that it was wrong before about what the governing principle was for a partiicular law, but they have to find their support in the constitution itself - they cannot say that the constitution is wrong, only that a prior court made a mistake in how it read the constitution.]


      Jim

    2. Re:Are trade secrets a constitutional right? by kzadot · · Score: 1

      The major difference between the American constitution and the European basic laws, is that the Constitution is a law restricting the activities that the Government could otherwise perform against its citizens.
      In Europe, its just another layer of law for the citizens.
      In Germany for example, the Grundgesetz specifies certain rights that people have, such as freedom of speech. But it specifies these rights, not to say that the government may NOT infringe on these rights, but as a starting base for what rights the Government CAN infringe on. For example later on in the Grundgesetz itself it yanks away the right to free speech, and prohibits speaking freely about holocaust denial, and expressing anti-democratic opinions.

      I guess America got one thing right over Europe at least. But America owes Englands Common Law system for that. The rest of Europe is based on the more authoritarian Roman Law.

  37. Woah, Woah, Woah.... by Anonymous Coward · · Score: 2, Insightful

    I thought trade secrets were not subject to protection? If I buy a chicken dinner from KFC and figure out what the secret "11 herbs and spices" are, I can tell anyone I want to. As a matter of fact, this information is published in a couple of books and is widely available on the Net. To my knowledge this has always been held as a "trade secret" by KFC, so what gives the the MPAA any special protection for DeCSS?

    1. Re:Woah, Woah, Woah.... by Anonymous Coward · · Score: 0

      Yes. You are correct. The exception would be, for example, if you broke into KFC's headquarters and stole the formula.

  38. Barn door closed, missing wall not noticed... by MightyTribble · · Score: 5, Insightful


    This lawsuit was specious. DeCSS had/has nothing to do with illegal DVD duplication as described by the plantiffs - the DVD pirates of Asia don't use it, and never had. They didn't need to.

    All it's done is solidify a bad law and provide PR for the DVDCCA and MPAA. Large scale movie piracy will continue, untouched by this ruling, in factories all over China, Russia and Vietnam.

    But US citizens will now be unable to exercise reasonable fair-use on DVDs they own.

    This is *fantastic* news. Sure, in the short-term it looks bad, but in a few years time the consumer backlash will be a sight to behold. It'll happen, once Joe Sixpack realises he has to buy a seperate copy of "American Wedding III" for each media player he wants to watch it on.

    1. Re:Barn door closed, missing wall not noticed... by Lumpy · · Score: 1

      Why does it suprise you that the Supreme court in the state that is the home for theMovie industry came to this conclusion?

      Who do you think bought and paid for that Court and Judge?

      It's just more proof of how california really is... Just wait until you get Gov. Arnold in there... He will also be sure to lock up the precious Motion Picture property and ask for very stiff punishment for those evil people hurting the fine and innocent movie companies....

      nobody expected anything different out of the california courts.

      --
      Do not look at laser with remaining good eye.
    2. Re:Barn door closed, missing wall not noticed... by Anonymous Coward · · Score: 0
      but in a few years time the consumer backlash will be a sight to behold


      Bah, you are assuming sheeplike consumers actually care. Fact is, people don't care, and all the ranting in the world on slashdot won't amount to shit. You lost, get over it.

  39. Property Rights? There is no secret by nuggz · · Score: 1

    Property rights? I didn't know there was a restrictive license on DeCSS.
    What property rights are being violated?

    Trade secrets only exist as long as it is a secret. It isn't anymore.

  40. Protest the DCMA: This law must be broken. by Erik_the_Awful · · Score: 0, Redundant

    #!/usr/bin/perl # 472-byte qrpff, Keith Winstein and Marc Horowitz # MPEG 2 PS VOB file -> descrambled output on stdout. # usage: perl -I :::: qrpff # where k1..k5 are the title key bytes in least to most-significant order s''$/=\2048;while(){G=29;R=142;if((@a=unqT="C*",_) [20]&48){D=89;_=unqb24,qT,@ b=map{ord qB8,unqb8,qT,_^$a[--D]}@INC;s/...$/1$&/;Q=unqV,qb2 5,_;H=73;O=$b[4]>8^(P=(E=255)&(Q>>12^Q>>4^Q/8^Q))> 8^(E&(F=(S=O>>14&7^O) ^S*8^S>=8 )+=P+(~F&E))for@a[128..$#a]}print+qT,@a}';s/[D-HO- U_]/\$$&/g;s/q/pack+/g;eval

    1. Re:Protest the DCMA: This law must be broken. by Erik_the_Awful · · Score: 1

      Comments:
      efdtt.c Author: Charles M. Hannum Thanks to Phil Carmody for additional tweaks. Length: 434 bytes (excluding unnecessary newlines) Usage is: cat title-key scrambled.vob | efdtt >clear.vob

      #define m(i)(x[i]^s[i+84])y)c+=y=i^i/8^i>>4^i>>12,i=i>>8^y >14,y=a^a*8^a>8^y/n."[k>>4]*2^k*257/8,s[j]=k^(k&k* 2&34)
      *6^c+~y;}}

  41. Re:Mod Parent Down by RMH101 · · Score: 4, Funny
    NAZI! NAZI! NAZI!

    nope, all ok so far.

    your turn: go out into a major city with a broomstick in your hands and shout "allah is great! allah is great" and see how long you last.

  42. Trade Secret RIGHTS? by Migraineman · · Score: 4, Insightful

    From the article -
    Under the previous ruling, a disgruntled employee might be able to post a company's proprietary code online and claim free speech rights, for example.

    Forgive me for being naive, but this incident is already covered by Copyright Infringement laws. No need to bring Free Speech into the picture.

    This judgement leads us down a slippery slope to a point where any form of reverse engineering is illegal - just claim "trade secret rights" (whatever those are.)

    1. Re:Trade Secret RIGHTS? by mike449 · · Score: 1

      This most likely would be a contract violation, because of the ND clause in the employees contract.
      If somebody else gets the secret from an insider and publishes it, it is the insider who is at fault, not the publisher. Well, maybe publisher as well, but only if he knew the information was obtained in violation of the law.
      Publication by itself should not be illegal.

  43. Ammendment I - Check by Anonymous Coward · · Score: 0

    In the Corporation vs People, the Corporation wins. Which is the natural outcome.

    One down, nine to go.

    Amendment I

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    Am I trolling or is it that my frustration surfacing? I feel helpless watching common sense distorted by people who are capable to interpret laws in any way that fits them.

    The more numerous the laws, the more corrupted the state. Yes, indeed.

    By the way, what good does DVD encrytion do for me? Or even for the DVD business... has it stopped someone from copying/backing up a DVD (which by the way SHOULD be OK and easy).

    Damn, I am really starting to fear an Orwellian future. Yes, I am an Anonimous Coward.

  44. libdvdcss, libdvdread by i_am_nitrogen · · Score: 2, Interesting

    Does anybody know if this also applies to libdvdcss and libdvdread? If so, that means it could once again be illegal for someone to watch an encrypted DVD in Linux. This makes it really difficult or impossible for someone to build and sell any Linux PC or HTPC capable of playing DVD's.

    Oh well. Screw the DVD-CCA. I'm going to keep doing what I want, and next time I go to a movie theater, I'm going to hand out free CD's with a bootable Linux-based DVD player on them.

    1. Re:libdvdcss, libdvdread by thinkninja · · Score: 1

      I'm a Linux newbie but I came across this project the other day which does exactly that:

      Movix

      --
      "The number of Unix installations has grown to ten, with more expected." (Unix Programmer's Manual, 2nd ed.; june 1972)
  45. those can't outrank it by SHEENmaster · · Score: 1

    but a briefcase full of cash and a pre-screening DVD of the Return of the King sure do...

    ("This DVD is a pre-screening meant to bribe Judge Joe, any other viewer of this video is in violation of...")

    --
    You can't judge a book by the way it wears its hair.
  46. Re:Err... trade secret rights?? MOD UP by Abcd1234 · · Score: 1

    Ahhh, *very* interesting. This I didn't know. Thanks.

  47. Your answers.. by Genjurosan · · Score: 5, Insightful

    - Are property and trade secrets rights a constitutional right?

    NO.

    - Can anything outweigh a constitutional right?

    MONEY.

    1. Re:Your answers.. by RealityProphet · · Score: 1
      - Are property and trade secrets rights a constitutional right?
      NO.

      Neither is there a consitutional right to privacy, although you may seem to think there is. Rather, the constitutional ammendments have been interpreted in such a manner as to imply a general right to privacy. The same is absolutely true for property rights and it may be true for trade secret rights as well.

    2. Re:Your answers.. by RevMike · · Score: 1
      The law of the United States was based upon the legal traditions of Great Britan. Amendments 9 and 10 specifically address the issues that concern rights so fundamental no one thought to explicitly mention them.

      Amendment IX

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      Amendment X

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

      Among the rights implied by the ninth amendment is the right to enjoy the benefits of one's property. If someone else's speech has the effect of infringing on one's right to benefit from one's own property, that speech can be regulated. For instance, a person may not erect a sign on your lawn without your permission. While the sign may be a form of speech protected by the first amendment, your right to your own lawn trumps that person's right to speech.

      In this case, California has said that, if the property in question was information and that information doesn't further the public debate about the issues of the day, it cannot be made public with the protection of free speech.

      This should be an intuitively just ruling. If a thief broke into your doctor's office and stole your medical records, others should not be able to publish potentially embarrassing information about you from those records and then claim protection of the first amendment. The court specifically left wiggle room in their ruling that free speech could be applied to "Whistle Blowers" (insiders who expose wrongdoing in corporations or government agencies) and the like.

      The court also remanded the case back to lower courts in order to examine the issues of whether the trade secret could be considered property in this context and whether the trade secret was acquired by illegal means.

      Again, it seems intuitively just that if a thief were to break into the offices of Coca-Cola and steal the secret formula, the thief and third parties who pass on the secret formula should not be allowed to hide behind free speech in order to benefit from the theft.

      Now the lower courts will visit the issue of whether the DeCSS people did anything wrong in creating DeCSS.

    3. Re:Your answers.. by Anonymous Coward · · Score: 0

      It's not like "a thief broke into your doctor's office and stole your medical records". The DeCSS wasn't created through a raid of the MIAA. It was created through reverse engineering. A closer analogy would be if someone were to shadow you to learn about your medical history and then publish *that* information. The problem is, DeCSS was created without raiding anyone or stealing anything. Through reverse engineering, the "trade secret" was discovered and published about. It'd be exactly like if some lab was able to discover Coca-Cola's formula and passing it out. Coca-Cola can't legally claim any protection. Maybe if Coca-Cola could somehow invoke the DMCA..

  48. worrying picture by noyren · · Score: 1

    I think this paint a worryingly (it's a word now) exact picture of the US today. You can tell people how to build a bomb, but not how to copy a dvd.

  49. I refuse to buy a product that.... by einhverfr · · Score: 5, Insightful

    I refuse to buy any product from any company who assumes that I am a criminal and refuses to give me the benefit of the doubt. Do I run Windows or Office? Nope. Do I watch DVD's? Nope. If I could watch a DVD without a DVD player would I? Usually not.

    The point is that the MPAA (and now RIAA, Microsoft, etc.) make it a point in assuming that their customer base is a part of their problem. Fine. Then I won't be a part of their customer base. End of story.

    Somehow I don't think I am alone. THe recoding industry started seeing additional losses after winning their battle against Napster, and although most of it is explained by simple economics, I have known many friends who felt very torn whether to buy an album by an artist they liked-- if they buy it, they are lining the pockets of an insdustry they felt betrayed by, but they still wanted to support their artists.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      So they wouldn't buy it before thanks to Napster, and won't buy it now because the RIAA killed Napster.

      Doesn't sound like you or your friends are proving anything, since they weren't getting your dollars in the first place...

    2. Re:I refuse to buy a product that.... by einhverfr · · Score: 1

      So they wouldn't buy it before thanks to Napster, and won't buy it now because the RIAA killed Napster.

      The friends I was referring to spent lots of money on CD's before the RIAA killed Napster. To them, Napster was sort of a "Cool way to find new artists."

      So yes, they were buying quite a lot of music... Now most of them stick to indie music.

      --

      LedgerSMB: Open source Accounting/ERP
    3. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      My sentiments exactly. I will never EVER buy another music cd, movie, or movie ticket ever again. Usually I get these items as presents for Christmas from family friends (love my movies/music), but this year I'll have to ask for blank CDs/DVDs instead!

      I'll continue to do this until the MPAA/RIAA swallow their pride and admit that what their doing is flat out wrong and stupid.

      They can lie and rip off consumers for years, but once the tables are turned and consumers are dealing it back to them it's all of a sudden WRONG? Sorry, Charlie! Not the way it works.

    4. Re:I refuse to buy a product that.... by Agent+R · · Score: 1

      The point is that the MPAA (and now RIAA, Microsoft, etc.) make it a point in assuming that their customer base is a part of their problem. Fine. Then I won't be a part of their customer base. End of story.

      Now this is a fun concept. If these entities see their customer as a part of the problem, then why not get rid of their customer base? That'll help "solve" their problem. Sounds like a solution upper management would come up with, eh? ;-D

      I have known many friends who felt very torn whether to buy an album by an artist they liked-- if they buy it, they are lining the pockets of an insdustry they felt betrayed by, but they still wanted to support their artists.

      Lets not forget the thousands of people who only want to get a single tune out of a CD with 12 other crappy ones. Not only does one pay for the music he/she wants, but also for all the dead weight too.

      --
      !@#$% whole-grain cereal. When I want fiber, I eat some wicker furniture. - G. Carlin
    5. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      That's exactly what justifies downloading music and not paying for it.

      Think of the times when a label has pushed and promoted an artist simply for ONE song while keeping the remaining songs as fillers. $15 for ONE decent song!!

      MPAA is the same way with their Special Ultra Deluxe Edition of DVDs they release every 3 months or so.

    6. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      yeah, that'll teach 'em.

    7. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      My goal isn't to teach them.

      My goal is to no longer line their pockets with my hard earned cash, especially if it's cash that could possibly be used against me in some manner!

      That and I get to save money in the process ;)

    8. Re:I refuse to buy a product that.... by Mitreya · · Score: 1
      The point is that the MPAA (and now RIAA, Microsoft, etc.) make it a point in assuming that their customer base is a part of their problem. Fine. Then I won't be a part of their customer base. End of story.

      It seems that all of the aforementioned industries are very quick to blame declining revenue on piracy. Therefore, exiting their customer base is not sufficient to bring them down... unless you're forking the money over to EFF.

    9. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      Oh yes, and I don't own that ONE SONG, I'm going to go nuts. My health could very well be at stake. It is SO CRITICAL that I posess that song that it is better for me to steal it than to GO WITHOUT IT.

      Please, give me a big fat break. DVDs are not food. CDs are not medicine. They are completely discretionary items. You are free to not posess them if the terms don't suit you. But don't expect any sympathy from me or the law if you decide to rip it off instead.

    10. Re:I refuse to buy a product that.... by einhverfr · · Score: 1

      Now this is a fun concept. If these entities see their customer as a part of the problem, then why not get rid of their customer base? That'll help "solve" their problem. Sounds like a solution upper management would come up with, eh? ;-D

      I have an idea but I don't have time to impliment it and it will take a lot of work. I will be seeing if I can get use it as a business opertunity for some friends of mine, but if anyone here is interested, email me:

      What we need is an alternative model of music distribution where the artists and the fans all get what they want, but the music is Free from the shackles that are constricting it at the moment. I would suggest that someone start an electronic recording/publication firm and help recruit artists to it. The artist would retain some rights to the work, but it would be swappable, etc. free of charge.

      --

      LedgerSMB: Open source Accounting/ERP
    11. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      I went from buying over 200 CD's per year to buying only a handful, carefully selected to not be from the big five record companies. I hope the good musicians sign with the best small labels.

    12. Re:I refuse to buy a product that.... by homer_ca · · Score: 1

      Yeah, if it's a good movie, they'd cash in by making 4 different special editions. For the crappy movies, they'd just license some TV or comic francise or make another sequel and advertise the hell out of it and pray for good box office the first week before word of mouth spreads too much.

    13. Re:I refuse to buy a product that.... by DroopyStonx · · Score: 0

      Well, in my case, there are a few artists I love who happen to be on some labels that are with the RIAA. Unfortunately, I can't buy their CD. I want to, but I can't. I won't. I'll support them other ways though, maybe by seeing them live, buying a T-shirt or two. If there was a way to pay them directly, I'd be all for it. Regarding movies, I'm the same way, except I justify it by remembering all the times I shelled out cash to see some horrible crappy movie. How many millions did Gigli make? Not much compared to others, but for the fact it made SOMETHING... there's justification right there :) You don't gotta agree with it, but it's completely understandable.

      --
      We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
    14. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      The point is that the MPAA (and now RIAA, Microsoft, etc.) make it a point in assuming that their customer base is a part of their problem. Fine. Then I won't be a part of their customer base. End of story.

      Yes. I think that if a customer is pirating MS software then MS is right at considering that customer as part of its problem. Think of it. You somehow assume that there is a special bond between unlawful customers and business.

      I have known many friends who felt very torn whether to buy an album by an artist they liked-- if they buy it, they are lining the pockets of an insdustry they felt betrayed by, but they still wanted to support their artists.

      I understand you. It would be nice if everything had no monetary price associated with them. Why don't you apply that yourself and do a 24/7 for fuck all of wages? Somebody needs to start that trend.

      I know man. The industry betrayed you because now they prohibit you from copying their CDs and they might come after your arse. I know. Napster and Audiogalaxy ages where really brilliant. Hey! They took a right from us!

    15. Re:I refuse to buy a product that.... by instantnoodles · · Score: 1

      Its proven that customers have no qualms about buying pirated goods. Just look at Asia (except for Japan.)

      China, Thailand, Philippines, ect. don't have strong copyright laws, so the use of pirated movies/music/software is overwhelming. Its actually hard to buy legitimate copies.

      Your argument about your friends deciding to buy an album because of the lawsuits is iffy. A similar argument I heard about pirated software was that people used them to "try before you buy" (which is pure crap)

      Bottom line, people think its ok to steal $1000 worth of music, but refuse to shoplift gum.

    16. Re:I refuse to buy a product that.... by kapok_tree · · Score: 1

      THe complaint, I think, is more along the lines of using restrictive anti-copying protection - that is, they are proceeding on the assumption that each and every person who buys the product intends to do soemthing illegal with it. I, too find that an offensive assumption. It is equivalent to renting a house and then the landlord refusing to give you the keys, instead insisting the you call him whenever you want the door unlocked because "Otherwise you'll just let all your friends in and ruin the carpet" When I purchase an item, I enter into an agreement witht he seller - I give them money, they give me the product. I expect a certain modicum of trust be offered to me in this, and right now I'm not seeing that in much of the entertainment industry.

    17. Re:I refuse to buy a product that.... by NoData · · Score: 4, Insightful

      Bottom line, people think its ok to steal $1000 worth of music, but refuse to shoplift gum.

      Sigh...Once again, class:
      Theft = I am -1 item, you are +1 item.
      Copying = I am +0 items, you are +1 item.

      Copyright infringement != Theft.
      It just doesn't. Period. Depite what Lars told you.

    18. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      My sentiments exactly. I will never EVER buy another music cd, movie, or movie ticket ever again.

      Amen, Brother. I have not bought a _NEW_ major lable CD in almost 3 years now but I am still buying 3 to 5 CDs a week. This past weekend I purchased 3 Beatles CDs from one of my fav used CD stores here in Chicago. These are $13.50 new on Amazon.com and more like $15.00 each at Virgin. That's $45.00 I did _NOT_ give to the RIAA. I paid $8.00 each for them. I went home, ripped them to my hard disk (GRIP is great) and then burned 2 copies using XCDRoast. The original I put away for safe keeping. One copy went in the carrying case for my car and the other went on the shelf to be lent out. When one of the copies gets trashed or stolen or the hard disk crashes I'll just pull out the original and spend a weekend ripping and buring.

      When the entertainment industry stops acting like I am a criminal then I start buying new CDs again and not one fucking moment before. They need me more than I need them and I know I can out last them. Fuckers

    19. Re:I refuse to buy a product that.... by xtturbo · · Score: 1

      betrayed? they pirated music who betrayed who? I dont love the RIAA, but they have every bloody right to make this business decision. Im more peeved at copy controlled cds..... And the latest mastering techniques (related to the copy control?) that makes the cd sound horrid

    20. Re:I refuse to buy a product that.... by xtturbo · · Score: 1

      Wrong. They /know/ that people out there will do something illegal, and are doing there best to stop it. You're just peeved cuz its harder to get what u want for free. Get over it, copy protection is crap anyway. Almost as crap as warez quality sound....but thats another story.

    21. Re:I refuse to buy a product that.... by kapok_tree · · Score: 1

      Ah, you've apparently missed that crucial little part where I have in fact paid for these things - like DVDs - and am peeved first that I have trouble playing them on my linux box (a functionality I paid for) and that they have entered into this agreement by treating me like a criminal.

    22. Re:I refuse to buy a product that.... by xtturbo · · Score: 1

      dvds were made to be played on a dvd player its just luck if you can play them on other things

    23. Re:I refuse to buy a product that.... by Anonymous Coward · · Score: 0

      You are not alone. There is an army of people wh agree with you and act accordingly.

    24. Re:I refuse to buy a product that.... by xThinkx · · Score: 1

      QUIT MAKING BLANKET STATEMENTS that are obviously wrong


      ...

      I got no problem stealin gum

      --
      Let's get one thing perfectly clear, I did not vote for George W Bush, and I do not endorse what he does or says.
      "
    25. Re:I refuse to buy a product that.... by einhverfr · · Score: 1

      Wrong. They /know/ that people out there will do something illegal, and are doing there best to stop it.

      It is comments like this that make me agree more and more with RMS.... Sure, the guy is a bit over the edge sometimes (or most of the time) but I think there is an element here that is important to note:

      If I buy a piece a product whose manufacturer assumes that I possess criminal intent, the company which issues these is in a position of control over me and how I *use* the product. For this reason, I exclusively run Linux (avoiding Windows and Office, although I am currently a contractor at Microsoft),I have migrated my non-techie parents to Linux, and I intend to keep fighting this fight. Or I presume you would rather live in a world where we control neither our entertainment nor our data?

      --

      LedgerSMB: Open source Accounting/ERP
  50. The Day Free Speech was lost by AstroDrabb · · Score: 1

    Remember Monday August 25, 2003 as the day that freedom of speech was lost in America for corporate profit. There is no legal definition for "IP". Soon, companies will be calling EVERYTHING "IP" and will be stripping away more and more rights. If "IP" is infact stolen from a company, then yes, freedom of speech should not allow that stolen "IP" to be spread. However, if that "IP" is gained by legal reverse engineering, then freedom of speech should in fact have more weight over "IP". In this case, nothing was stolen, the DeCSS code was created NEW from reverse engineering, which is totally legal. If a corporation does not make efforst to protect their "IP", then they have no right to later call it trade secrets. It is a sad day to be an American for me.

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
    1. Re:The Day Free Speech was lost by Mryll · · Score: 1

      It seems it is essentially illegal to look too closely at anything that you buy from another if they deign that their encoding of information is "secret". It feels like they could accuse a person of modifying a plain text configuration file in a software product because they didn't intend it to be edited. Or accuse you of "illegal modifications" for scanning and building an index of a book that you bought. The seeming actual technical scope of this law is either far beyond the intent of those who approved it, or they're willing to crush individuals in favor of companies. The law is so broad that it could only be selectively enforced. Wonderful policy... not

  51. Re:Mod Parent Down by Anonymous Coward · · Score: 5, Funny

    your turn: go out into a major city with a broomstick in your hands and shout "allah is great! allah is great" and see how long you last.

    A lot longer than someone preaching Christianity in Mecca.

  52. Story also on SF Gate by guzzirider · · Score: 2, Informative

    SF Gate also has a story on this here more or less the same information ..

  53. Re:Mod Parent Down by rTough · · Score: 1

    Nazi?

    I don't seem to get arrested so your view of Europe is a bit of. But I'm convinced you're not speaking about laws that forbid you to to use sertain words but rather laws that forbid you to release "Mein Kampf" and to make rasist remarks. Even thou I will touch a sensetive point I would have to agree with you on that too some extent although I'm sure you have some regions in the US with similar laws.

    If it's hatelaws you speak about you do have them in the US as well.

  54. California deserves Ahnold! by The+Ape+With+No+Name · · Score: 1

    So much for the fun-loving, freedom-to-choose state. Remember for every Cole Valley, there's a Encino in CA....

    --
    Comparing it to Windows will be a moot point, since El Dorado is going to have a 40% larger code base than XP.
  55. Are The Supremes Up For Recall? by Nom+du+Keyboard · · Score: 1
    Maybe the California Supreme Court mistakenly believes it is up for recall, and is now trying to change its decisions to protect itself.

    Would Arnold put up with this garbage if he was on the court?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  56. Determination by Who? by 4of12 · · Score: 2, Informative

    Now that there is another trump suit over the right to free speech (I guess that "national security", "libel", "slander" and no "Fire! in a crowded theatre are additional reasons), I have to wonder whether there will be cases where free speech is suppressed for less than reasonable cause.

    For example, the Co$ has maintained that certain of its documents are trade-secrets.

    Corporations could shield a great deal of signficant information under the guise of trade-secrets, such as advice that Enron executives gave to VP Cheney concering energy policy (the US federal government has already dismissed attempts to release those conversation under the FoIA).

    Judges pretty much try to interpret law. What this ruling indicates is the need for legislative review, debate, and possible modification of the law:

    what are the real costs, benefits, and side effects of various IP protection laws and who do they effect?

    If IP is taken to an extreme, there will be issues cropping up where information, as coded in genetic expressions, will become someone's intellectual property and "reading" it by overcoming some supposed obstacle would be a crime.

    --
    "Provided by the management for your protection."
    1. Re:Determination by Who? by u38cg · · Score: 1

      As the law in the UK and the US stands, if you discover a new gene, you can get a patent on it. This is what a number of biotech companies have been doing, simply discovering and patenting genes as fast as they can, hoping that it will pay off big time when someone else discovers they're sitting on the next big thing.

      --
      [FUCK BETA]
    2. Re:Determination by Who? by 4of12 · · Score: 1

      You can imagine the ruckus that will occur when some human lucky enough to have some of those "patented" genes in their DNA strand decides to reproduce.

      If you thought making backup copies of CDs has been a problem, wait until you want to use your good genes to create your own children, let alone use those genes for good effect in your own life.

      I'm sure there'll be convenient payment plans available so we can pay the gene discoverers their fees, avoid court and so everyone will be happy as clams:).

      --
      "Provided by the management for your protection."
  57. The DVD makers have rights too... by John+Seminal · · Score: 2, Interesting
    They should be allowed to protect their products. So if they spend money on a protection procedure, and someone finds a way to destroy that protection, then harm was caused to the producer.

    At the same time, those who produce these DVD's should not have a monopoly and charge 15x what it costs to produce the product. And they should not release the same DVD over and over and over again to make 20 dollars * 3 times. First comes the DVD with no extras, then the special edition, then the collectors edition.

    If you view this from an emotional standpoint, I can see why some would want to screw the movie industry.

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:The DVD makers have rights too... by korgull · · Score: 1

      They never did create a copy protection.
      It is nothing more than a playing protection as it only encrypts data.

      It's your choice not to buy the DVD and wait for the special edition. In the meantime you can grab a copy from the net untill the final version has arrived :-)
      I do agree that as a customer you feel really bad when three months later after you bought a DVD, a special edition appears. This does discourage to buy a DVD at first edition.

    2. Re:The DVD makers have rights too... by Anonymous Coward · · Score: 0
      So if they spend money on a protection procedure, and someone finds a way to destroy that protection, then harm was caused to the producer.

      I spend money surveying people to learn that they like chocolate, and then I start selling chocolate ice cream. Then somebody else starts selling chocolate ice cream too, in competition with me. They built on my research and then competed with me! Harm was caused to me!

    3. Re:The DVD makers have rights too... by CdnShaggy · · Score: 1

      Thats a noon starter argument. There are many different studios to choose from. Just like there are many different brands of chocolate icecream. It makes the world a better place. But its your choice whether you buy Hagendaaz or not. Same as buying the 'cheep' dvd, or the Extended one. Personally i have never really listened to any of the voice over stuff.. never seen the point. I can generally get out of the film that what i need.

  58. What? by tds67 · · Score: 1
    An industry technology coalition called the DVD Copy Control Association (DVD CCA) had sued dozens of people in California courts, contending that posting the software online violated its trade secrets rights.

    If the software has already been public for some time now, how can it still be a trade secret?

    HELLO?!?

  59. You can always find a copy . . . by droleary · · Score: 1

    . . . here

    Note that it may be in a data superposition until you actually observe a page to decode into be the DeCSS source!

    1. Re:You can always find a copy . . . by tds67 · · Score: 1

      What about Google's cache system? Will the code have to be expunged from there?

  60. As I explain to my non-techie friends by IthnkImParanoid · · Score: 3, Informative

    To put it in simpler terms, I can copy coded/Chinese text by hand without ever knowing what it says. DeCSS is a codebook or Chinese-English dictionary. Dictionaries don't help you copy stuff.

    --
    It's nothing but crumpled porno and Ayn Rand.
  61. Re:Mod Parent Down by HyperColor+Underware · · Score: 2, Insightful

    See, Europeans misunderstand something about free speech.

    How free is it, if only the majority opinion gets heard? Of course, it's assinine to hear racist literature being read aloud on streets. But to take the right away from them is even sicker.

  62. so how come NOTHING, not even the right to life, by rokzy · · Score: 1

    can outweigh the second ammendment when making some money by being a monopoly outweighs the first?

    I don't think "free speech" should be used to allow copyright infringement or other illegal acts. I much prefer "being reasonable" over blindly following things written in another age like a regilious fundamentalist. I just wish that courts were reasonable and sensible all the time, not just when it meant protecting profits.

  63. Yes, trade secret rights. by Shenkerian · · Score: 1
    Trade secrets are a form of "IP," and are often extremely valuable (e.g., the Coca-Cola formula).

    The very purpose of patent protection is to provide an incentive for the inventor to make public his invention in the form of a patent filing, thus allowing others to build on his work. In exchange for this service to society, the inventor receives exclusive rights to its commercial use for x years, where x has been around 15-20 years, currently 17 years from the date the patent is granted (iirc).

    In that sense, patents are beneficial to society in that they promote the disclosure of inventions that would otherwise be kept secret. Unfortunately, the patent application, granting, and enforcement processes have gone horribly awry.

    --
    You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    1. Re:Yes, trade secret rights. by Abcd1234 · · Score: 4, Interesting

      Dude, you're mixing up your IP. Trade secrets and patents are pretty well diametrically opposed. A patent on an item gives you the right to a limited monopoly on the production/use/whatever of that item. However, in exchange for those rights, you must publically disclose, in detail, the workings of your item. A trade secret, OTOH, is just that. A secret. It absolutely must not be publically disclosed (hence the use of contracts, NDAs, etc, to prevent exposure of the secret).

      Of course, that doesn't change your point that trade secrets are valuable (your Coca-Cola formula example is, actually, a good one... it's a trade secret, not a patent), however, one must not allow corporations to trump the rights of the public in order to protect their bottom line (a disturbing trend these days).

    2. Re:Yes, trade secret rights. by HiThere · · Score: 5, Interesting

      Patents could be, and perhaps once were, beneficial to society. They do not currently have a net posititve impact on society. On the bottom lines of certain companies, perhaps, but that's a separate matter. And one might question which of those companies have a net positive impact on society.

      Patents are essentially nothing more or less than one particular method for creating monopolies. Monopolies have, except when relatively weak, a net negative impact on society. Thus when an individual owns a patent, there can be an argument that the net impact on society is positive. It distributes the power base, and thus strengthens democracy. But when some centralized agency, say an employer, owns or controls the patent then net benefit on society becomes negative because it acts of further strengthen already unusually strong elements. And thus weakens democracy.

      Note that while a republic does not depend on being egalitarian, and often isn't, a democracy does so depend. Thus as centralizations of power accumulate the country becomes less and less democratic (small d). Not, however, necessarily more republican. If the power is quite centralized oligarcies are more likely. Or even some sort of virtual feudal system (with, e.g., people being forbidden by contract from changing masters [perhaps employers?])

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:Yes, trade secret rights. by Anonymous Coward · · Score: 0
      You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.

      'whilst' isn't a 'C' keyword. AC WINS - FATALITY!!!

    4. Re:Yes, trade secret rights. by Shenkerian · · Score: 1
      I'm not mixing up my IP. I just failed to emphasize that the purpose of patents is specifically to reduce the number of trade secrets. By creating an incentive (i.e., a temporary monopoly) to disclose trade secrets as public records, patents provide an incentive for inventors to contribute their inventions to the public domain after a defined period of time.

      That was my original point, which I apparently failed to make clear.

      --
      You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    5. Re:Yes, trade secret rights. by Shenkerian · · Score: 1

      I gotta that's the response to my sig I've seen yet.

      --
      You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    6. Re:Yes, trade secret rights. by Anonymous Coward · · Score: 0
      That was my original point, which I apparently failed to make clear.

      I feel for you. It drives me nuts when someone here tells me I'm full of it, then says exactly the same thing I said.

      I had no trouble understanding your post as explaining the contrast between trade secrets and patents.

    7. Re:Yes, trade secret rights. by Abcd1234 · · Score: 1

      *sigh* No, I just misread.

      And you make an interesting point, too... especially considering that trade secret law apparently gives the owner of the secret a form of indefinite monopoly, in that the owner can always bar another from using their secret if it was misappropriated...

    8. Re:Yes, trade secret rights. by Anonymous Coward · · Score: 0

      now that is some funny stuff

    9. Re:Yes, trade secret rights. by Shenkerian · · Score: 2, Insightful
      You're right about misappropriation, but trade secret is unique IP protection in that it doesn't protect against independent discovery, including (afaik, but apparently not in this DeCSS case) reverse engineering.

      I believe the chance of independent discovery is the key question in whether to seek patent protection. If your product, like the Coca-Cola formula, is difficult to discover, trade secret law provides an indefinite but uncertain monopoly, as you said. If otoh your product is easy to reverse engineer, patent law provides at least a short term of certain monopoly.

      --
      You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    10. Re: Yes, trade secret rights. by Black+Parrot · · Score: 1


      > Patents could be, and perhaps once were, beneficial to society. They do not currently have a net posititve impact on society. On the bottom lines of certain companies, perhaps, but that's a separate matter.

      Due to the widespread habit of tit-for-tat licensing, the net effect of the patent system, to a first approximation, is to keep the have-nots out of the game.

      > Patents are essentially nothing more or less than one particular method for creating monopolies. Monopolies have, except when relatively weak, a net negative impact on society. Thus when an individual owns a patent, there can be an argument that the net impact on society is positive. It distributes the power base, and thus strengthens democracy. But when some centralized agency, say an employer, owns or controls the patent then net benefit on society becomes negative because it acts of further strengthen already unusually strong elements.

      Think of the US patent system as neo-mercantilism.

      --
      Sheesh, evil *and* a jerk. -- Jade
    11. Re:Yes, trade secret rights. by grahammm · · Score: 1

      Trade secrets are only valuable while they remain secret. Whether to patent or keep as a trade secret is a case of risk analysis.

      If you keep the secret for longer than patent protection would apply (as in the case of Coca Cola formula), then you win by keeping it as a trade secret. However you run the risk of someone discovering the secret, when you lose control of it. Even worse is if as well as discovering the secret, the other person patents it - granting them a temporary monopoly, as I believe that trade secrets do not count as prior art.

      If you decide to patent then you have a temporary monopoly, but once this expires anyone can take advantage of it. Also there is the risk that by publishing, someone else could improve it and take the business away from you.

    12. Re:Yes, trade secret rights. by buzzcutbuddha · · Score: 1

      Patents are designed to allow the small man, the thinkers, the tinkerers, and the inventors, like Ben Franklin, the ability to protect their discoveries and inventions from being co-opted by larger firms that would use their resources to create a cheaper version of said invention.

      Yes, patents can suck when some company's got it, and they're not sharing, but that's how it works. Just as with free speech, you have to take the good with the bad.

      We were never meant to be a democracy in the US, and if living in your democracy means I have no way to protect my IP, you can have your democracy, I'll find a republic to live in, which is the rule of law. I think we can all recognize that the rule of the mob is just as destructive and despotic as the rule of a single dictator.

      Monopolies exist, they are natural in capitalism, and they will continue to exist. As long as there are no government interventions, and the monopoly doesn't use force to prevent market change, the monopoly will go away. Monopoly's can be beneficial for the customer. For example Standard Oil was a monopoly, and while they were the only place for gas and oil, the price of gas went steadily down. They didn't gouge the customer because they were smart enough to realize that if they did, someone else would step in and start their own company and they would lose market dominance. For more food for thought, land ownership is a monopoly. If I own the land, I'm the only one who owns that land, and you cannot use it without my express consent, or you can be arrested.

      People like to point to what's going on in the US, and how much it sucks, and gee, isn't capitalism terrible, but we don't have capitalism in America, we have a mercantalism system that was retrofitted with socialist programs. Mercantalism does suck, and it does breed more unnatural monopolies and bad laws which allow companies to extend patents and play fair, but in a true capitalist republic, neither monopolies nor patents would be so onerous, or reviled so much.

  64. So true. Mod parent up. by Anonymous Coward · · Score: 0

    nt

  65. My criticisms by Zork+the+Almighty · · Score: 4, Insightful

    In Monday's decision, the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case, because the DVD code was never meant to be public.

    Exactly when are trade secrets "meant" to be public ? Does this ruling really place "trade secrets" above free-speech ? Unreal.

    Nor did the code itself contribute significantly to a debate over whether DVDs should be encrypted at all, the judges said.

    Is the publics' role simply to debate things that they can't do anything about ? DeCSS added plenty to the public debate, because it enabled people to do something that they couldn't previously do. It IS the debate.

    --

    In Soviet America the banks rob you!
  66. I was trying to make a point by SHEENmaster · · Score: 1

    that it is utterly rediculous to make a number illegal, and yet it is.

    If they rank a non-secret of trade above the first ammendment, then consider it an act of civil disobedience. If not, enjoy the code.

    --
    You can't judge a book by the way it wears its hair.
    1. Re:I was trying to make a point by Anonymous Coward · · Score: 0

      Amen bro!

    2. Re:I was trying to make a point by 3terrabyte · · Score: 1

      Well, you number wouldn't be illegal, but wouldn't the code you posted after it be illegal since it's used in relation to the decoding of CSS?

      --

      Why are there only 19 people folding@home for slashdot?

    3. Re:I was trying to make a point by Anonymous Coward · · Score: 0

      Just about anything can be digitized and turned into a number. Are you suggesting that this overturns all speech restrictions? Can I shout 0x46495245 in a crowded big-endian theater?

    4. Re:I was trying to make a point by rthille · · Score: 1

      Can I shout 0x46495245 in a crowded big-endian theater?

      Certainly, you'll probably be less annoying than the crying baby in the NC-17 movie or the jerk on the cell phone...

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    5. Re:I was trying to make a point by Anonymous Coward · · Score: 0

      That is the most stupidly rediculous thing I have read ever. So numbers shouldn't be illegal, eh? You might not have noticed, but that thing you are using right now while sitting on your fat ass operates with 0's and 1's; you know, numbers. Anything in your computer is simply a number. That l337 assembler program you wrote which prints your name, your childporn collection, you name it.

      Fucking stupid teenage Americans. Thank god I live in a sane place; I would rather die than put my foot on American ground.

    6. Re:I was trying to make a point by swordgeek · · Score: 1

      But the point has been made, and made, and made again. Yes it's ridiculous--you're preaching to the converted here. What I'm saying is that it *IS* illegal, according to recent US rulings. Your point is valid, but irrelevant. No matter how preposterous it is, there's no point in pointing it out yet again. Better to do something productive like, for example, spreading the code as far and wide as possible.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    7. Re:I was trying to make a point by Slack3r78 · · Score: 1

      And posting the code in a manner that shows just how much of a joke the scheme is isn't "spreading the code as far and wide as possible?"

  67. Good. by jcsehak · · Score: 5, Insightful

    Let me state, right off the bat: this is not a troll.

    While I agree with just about everybody here that reverse-engineering shouldn't be illegal, and you should be able to publish DeCSS, I just want to watch the DVD I bought legally for crying out loud, etc --

    Let's keep the first amendment out of this, okay? DeCSS is code. It's not free expression, it's not an Art form. It's simply a useful tool that let's you watch DVDs on your linux box. It should be legal to distribute it, not because of free speech, but because you simply should be allowed to write code that let's you watch movies.

    Rather than trying to shove the square peg of technology into the round hole of the 1st amendment, we should be addressing current technology laws. In a way, not calling shenanigans on the DMCA every chance you get implies your acceptance of it. If you fix the DeCSS problem with 1st amendment logic, you've fixed the DeCSS problem. But if you fix it by repealing the DMCA, you've fixed a whole lot of other problems as well.

    --

    c-hack.com |
    1. Re:Good. by Anonymous Coward · · Score: 0

      So I'll make a painting of the DeCSS code. End of story.

    2. Re:Good. by johnbeat · · Score: 3, Interesting

      If computer code is not creative expression, why can it be copyrighted?

    3. Re:Good. by sacolcor · · Score: 1

      I'll differ here. I feel that computer code (particularly source code) contains expressive content. The ruling today even said so, with the caveat that it would only be expressive to "cryptography enthusiasts". However, the court seemed to find that this was too small a group to balance the corporate interests involved.

      I'd have called it differently. IMHO, the DeCSS algorithm is expressive, and thus protected. However, the cryptographic key that the code contains is not. That's just a number...it's not speech. And if you classify posting someone else's crypto key as protected speech, I don't think you'd like the results...they'd blow a hole in all the privacy protections for personal data.

    4. Re:Good. by SmurfButcher+Bob · · Score: 2, Informative

      1st amendment kinda does apply, though.

      The issue is about protecting snake-oil. Look at the patterns of these laws - from Felton to Sklyarov - refuting claims of "being secure" is becoming illegal; any business model, no matter how far-fetched, is protected. The people creating the flaws are held harmless; the people who point them out are crucified.

      Case and point - find an open WAP in the parking lot of a large retail store. Walk inside, and see the "PC Cash Registers" are using it, broadcasting credit card info etc. free and clear. You don't know this, but the jerk who set it up believes a MAC filter is adequate to prevent harvesting.

      You gonna tell the people in the store? You sure as hell cannot tell the customers.

      --

      help me i've cloned myself and can't remember which one I am

    5. Re:Good. by Anonymous Coward · · Score: 0

      So I can say:

      Write out plaintext integer "P" in binary notation. Beneath it write out the ciphertext integer "C" in binary notation. Underneath the two values, write a third value using the following procedure: if the two binary digits above are the same, write a "0". If they are different, write a "1". Convert this third binary number to an integer "K". This is your recovered key.

      But I can't say:

      key = plaintext ^ ciphertext

      ??????????

      I think the judge is just clueless. "Cryptography enthusiasts" indeed. I have an intro electronics textbook with a linear feedback shift register in it as an excercise, crypto enthusiasts would be BORED with such a simple system if it wasn't for the legal aspects surrounding it.

    6. Re:Good. by JohnA · · Score: 1

      Sorry, but code can very well be free expression.

      If I take something that is commonly available to anyone and render it in a unique or special way, is it art?

      How about repurposing copyrighted or protected media into new forms? Is that art.

      I may not think everything produced is art, but who am I to judge what is or is not creative expression? That is the slippery slope raised by this case.

    7. Re:Good. by poot_rootbeer · · Score: 1

      Let's keep the first amendment out of this, okay? DeCSS is code. It's not free expression, it's not an Art form. It's simply a useful tool that let's you watch DVDs on your linux box.

      Where did you get the idea that in order for speech to be protected, it must be artistic and not utilitarian?

      Code is speech. I can't put it any more simply.

      It should be legal to distribute it, not because of free speech, but because you simply should be allowed to write code that let's you watch movies.

      If only we could have some sort of memorable term for that allowedness... hmm... how about 'freedom of expression'?

      If you fix the DeCSS problem with 1st amendment logic, you've fixed the DeCSS problem. But if you fix it by repealing the DMCA, you've fixed a whole lot of other problems as well.

      If you get a court to rule that prosecution of DeCSS-related cases using the DMCA is a violation of free speech principles, then you've proven that the DMCA itself is unconstitutional. Problem solved.

    8. Re:Good. by mav[LAG] · · Score: 2, Informative
      Let's keep the first amendment out of this, okay? DeCSS is code. It's not free expression, it's not an Art form. It's simply a useful tool that let's you watch DVDs on your linux box.

      Source code is protected speech under US law I believe. From Dave Touretzky's gallery of DeCSS scramblers:

      ...the 9th Circuit US Court of Appeals, who ruled in the Bernstein cryptography case that source code is indeed protected speech. In their decision, The 9th Circuit even quoted some Scheme code from the declaration of MIT Professor Harold Abelson, explaining why source code is an effective and sometimes preferred means of human communication. Professor Andrew Appel of Princeton University also filed a declaration explaining the importance for computer science of being able to publish source code. More recently, the 6th Circuit US Court of Appeals ruled in the Junger cryptography case that, independent of its functional significance, the expressive nature of source code affords it First Amendment protection.

      --
      --- Hot Shot City is particularly good.
    9. Re:Good. by smiff · · Score: 1
      DeCSS is code. It's not free expression, it's not an Art form. It's simply a useful tool that let's you watch DVDs on your linux box.

      Perhaps you should read this. The DeCSS issue is about a whole lot more than cryptography. Some day, the only way to electronically communicate with 90% of the population will involve secret standards. Some day, when you want to point out how the President is breaking his campaign promises, you won't be able to pull an old story out of your archives. Some day, when your car breaks down, you'll have to pay a king's ransom for repairs because only one organization can legally circumvent the copy protection device. Some day, if old content ever enters the public domain, you won't be able to access that content because a few naive judges think this issue is limited to cryptography.

  68. Re:Mod Parent Down by Anonymous Coward · · Score: 0

    Not sure if you're aware but typing a word and saying a word are not the same. Just a quick tip for our backward European friends.

  69. Here's what the court really wants ... by jc42 · · Score: 1

    So publishing information about a defective product is illegal, but trade secrets trump "free speech". It's obvious what this means.

    What the court wants is that, if you have knowledge of a defect in a product like the CSS encoding, you shouldn't publish it openly for the benefit of customers. You should declare it your own trade secret, and sell it only to people willing to pay your price. Then the courts will protect you rather than punishing you.

    Who would want to pay you good money for the information? Why, commercial pirates, of course. Just contact them, and contract with them to do the decoding that they need for their business.

    This is then a B2B sale, and the US courts will support you against anyone who tries to publicise what you're doing.

    What, me cynical? Nah ...

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:Here's what the court really wants ... by Anonymous Coward · · Score: 3, Informative

      No, trade secrets are quite simple.

      Revealing a trade secret is only illegal if you either obtained knowledge of the secret by illegal means or if you are breaking a contract (NDA or similar) by revealing it.

      The big question in this case is whether reverse engineering is obtaining a trade secret by illegal means. It is fairly obvious that it shouldn't be (and earlier cases have confirmed this), but there is a risk that courts may decide that under current legislation (DMCA etc.) it is.

  70. Decrypt and Copy? by vandan · · Score: 2, Insightful

    Bullshit.

    Decrypt - yes. You need to decrypt a DVD before playing it.

    Copy - no. You can copy a DVD with the encryption in-tact.

    This is about licencing fees. Each player must be licensed.

    Each time someone tells you it's about copy protection, punch them in the face for me.

    1. Re:Decrypt and Copy? by JohnA · · Score: 1
      This is about licencing fees. Each player must be licensed.

      That is partly true. The license fee, according to the DVDCCA website is only $5k per year for an associate license, which includes CSS but not voting rights.

      The main thing here is CONTROL. Manufacturers who license CSS are required by contract to implement region coding and macrovision. There are also a host of other requirements as well, including a confidentiality clause that prevents them from talking about the license details to anyone outside their organization.

      It's kind of funny, actually, because a manufacturer really doesn't have to license CSS anymore, but they all seem to do it anyway. Typical CYA behavior, I guess. :-)
  71. How about suing the movie studios for making DVDs? by Anonymous Coward · · Score: 0

    OK, a little OT here, but...

    The MPAA is trying to get things like DeCSS, DVD X Copy, etc. banned as illegal circumvention devices. All right, well then, how do the studios make their DVDs? They use pressing plants to do it. Well, if DVD X Copy is a circumvention device, then these plants sure as hell are, too. In fact, they can churn out many more discs than a PC can.

    So, wouldn't it be interesting if a copyright holder sued the studios for a DMCA violation for using a circumvention device? To be a copyright holder, you'd just need to have a copyrighted work on DVD. Not a big deal there. Just produce something and copyright it.

    Another angle would be for the copyright owner to sue for restraint of trade. I mean, it looks to me like the studios are trying to prevent anyone who doesn't have the cash to use a pressing plant from duplicating their work, thereby squeezing them out of the marketplace.

    321 Studios, are you listening?

  72. Three words to remember by earthforce_1 · · Score: 1

    California Recall Election

    Anybody who lives there should immediately phone every candidates office, and make sure that this law is rewritten with the consumer in mind. Don't think you don't count, this election can be won or lost on a very small number of votes, giving the large number of candidates running. If enough of you vote as a block, you can have a surprisingly large clout.

    --
    My rights don't need management.
  73. Constitutional law not required?! by TheRealStyro · · Score: 0

    What is it with justices today that they are completely ignorant regarding the US constitution and its bill of rights? Here we have a judge that believes that first amendment speech right should take a backseat to corporate trade practices. In Alabama there is a chief justice that cannot separate his private religious beliefs from a constitutional requirement of non-endorsement of religion by the government. Then there is John Ashcroft, US attorney general, who believes that he can (and worse, should) remove sacred sections from our constitution.

    --
  74. Re:Mod Parent Down by pyrrhonist · · Score: 1
    Evidently you can't sell games in Germany, either!

    See note at bottom of page: Return to Castle Wolfenstein

    --
    Show me on the doll where his noodly appendage touched you.
  75. Something I've always wondered about.... by Anonymous Coward · · Score: 0
    I dont quite get how DVDs are protected. Its more complex than just saying use DeCSS as I understand it. or maybe I dont understand it. please correct me if i'm wrong.

    when you load a DVD somehow the software has to authenticate itself to the drive. For example on a mac, you cant just put in a DVD and run DVD backup (deCSS) instead you have to run the DVD player first, then something magical happens (??? what ???) and the drive can be used by DVD Backup.

    Moroever, if you look at the drive in your directory and try to copy the files you see there, they all copy just fine to the harddrive. but you cant play them using the DVD player. Why? if its a copy of the disk why cant the DVD player play the files succesfully? it will try to play them. they just come out scrambled and useless.

    finally is it the drive or the DVD player that is decoding the CSS? if its the player, why cant it play the files you copied to the disk. if its the drive, then why cant I use DeCSS (DVD backup) directly on the files without first running the player to authenticate the drive?

    can anyone explain? also I see a lot of DeCSS code which always fails to mention what files it needs to be run on. (.eg. do you decode each .vob file by itself or as a group. are there other files that need decoding?

    1. Re:Something I've always wondered about.... by IthnkImParanoid · · Score: 2, Informative
      Moroever, if you look at the drive in your directory and try to copy the files you see there, they all copy just fine to the harddrive. but you cant play them using the DVD player. Why? if its a copy of the disk why cant the DVD player play the files succesfully? it will try to play them. they just come out scrambled and useless.
      My guess is it was a normal copy, not a bit-by-bit copy. Sort of like copying a boot disk; you need to use rawwrite to copy the image instead of just copying because it need each sector and track to be exactly the same. A normal copy doesn't ensure that; it just places the data on the disk.

      Furthermore, various forms of CD/DVD copy protection entail putting necessary data on the media that violates checksums or table of contents information, so your CDROM drive will "correct" those errors, leaving you with a bad "copy".
      finally is it the drive or the DVD player that is decoding the CSS? if its the player, why cant it play the files you copied to the disk. if its the drive, then why cant I use DeCSS (DVD backup) directly on the files without first running the player to authenticate the drive?
      It is the player, since this whole DeCSS controversy arose because the Norweigian kid wanted a DVD player for Linux when there were none commercially available, so wrote one himself.
      --
      It's nothing but crumpled porno and Ayn Rand.
    2. Re:Something I've always wondered about.... by Anonymous Coward · · Score: 0
      So then to copy a DVD I dont actually need DeCSS I just need to copy the files directly? (then to play it I can play it on a normal dvd player or whatever).

      Something I still dont get is how come dvd backup is able to create files on my harddrive that can now be treated as normal files, moved anywhere, and played with a normal player. I dont think this makes sense given what you said. that is apparently it does NOT matter that the sectors and tracks are written the same. perhaps the issue is that during the high-level read of the original DVD the checksums are messing up the file.

      if this is case then the solution is to do a low-level (raw) read of the disk then re-write this as you want using a high-level (normal) write. the files will now be slightly longer i guess.

      if not why not?

    3. Re:Something I've always wondered about.... by IthnkImParanoid · · Score: 2, Interesting

      From what I remember, the checksum and table of contents methods are in the hardware of the CD/DVD ROM drives, which makes low-level reads equally ineffective. Safedisc is a popular copy protection method for CDs, though it has been awhile since I googled it.

      I'm not sure how DVD rippers get around the protection. It's been posted in the comments for this story that the various ripping programs out there don't use DeCSS, and are much more efficient than if they did use DeCSS.

      --
      It's nothing but crumpled porno and Ayn Rand.
    4. Re:Something I've always wondered about.... by swillden · · Score: 3, Informative

      I dont quite get how DVDs are protected. Its more complex than just saying use DeCSS as I understand it. or maybe I dont understand it.

      There are two layers of "protection".

      First, the player and drive perform a mutual authentication process (although one has to wonder why a player would ever care to verify that the drive is an "authentic" DVD drive). A "proper" drive should refuse to operate until after this authentication process has been performed. Also, after the authentication sequence, the drive will provide the disk key, if asked.

      Second, after the drive is unlocked, the actual data streams must be decrypted. Normally (i.e. with an authorized player) the way this works is that the player retrieves a set of encrypted copies of the disk key, one of which is encrypted with it's player key. After retrieving the disk key, it can then decrypt the title keys, which are then used to decrypt the data stream.

      However, that's not how most unauthorized players work. They still do the authentication step, but when it comes to decryption they don't bother with using a player key to get the disk key to get the title keys... instead they just attack the data streams and compute the title keys. This is possible because CSS really, really sucks. It's vulnerable to a known-plaintext attack with a trivial amount of known plaintext and there's plenty of known plaintext in the DVD sector headers.

      The "just attack it" approach is why open source DVD players are a little slow to play a DVD the first time they see it. Most (all?) of them use libdvdcss which caches the keys so that the next time it sees the disk it won't have to do it again (on my box, the caches are in ~/.dvdcss). However, on modern machines, the crack time is almost negligible, so users may not notice the difference, given that it takes a few seconds for the DVD to spin up anyway.

      For example, on my 800MHz PIII laptop, libdvdread (with libdvdcss) reports that it took seven seconds to decrypt all 8 title keys for a DVD I had handy. My laptop actually starts playing a movie much *sooner* than either of my "real" DVD players.

      Seven seconds to crack all of the keys on a three year-old laptop. Sheesh. I guess as a user I should be glad the cryptography is so bad, but the security geek in me really wants to slap the creator(s) of CSS around some.

      I really, really want to meet the guys who designed WEP.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:Something I've always wondered about.... by Anonymous Coward · · Score: 0
      Hi, thanks for the good info. Maybe you could tell me a little more. Why do the "unauthorized" players attack the data stream. Would it not be just as easy and also more robust simply to do the same things the Authorized players do. For example, surely by now someone has reverse engineers one of the player keys. once you have that it seems like you have everything you need to act like an authorized player.

      I have noted that occasionally deCSS programs do screw up their attacks. The people I have talked with tellme there are two possible reasons for this. one is if the file size is too small and the other is if the file is slightly corrupted. I cant argue thissince I dont know. but I do know that authorized players are more robust than unauthorized ones in the case of file corruption.

      so why dont the so called illegal players just do it the "authorized" way instead of doing it doggy style?

    6. Re:Something I've always wondered about.... by swillden · · Score: 2

      For example, surely by now someone has reverse engineers one of the player keys.

      Oh, that was done first. Johanssen extracted the Xing player key from Xing's software player when he reverse engineered CSS. Early open source DVD players used this key.

      so why dont the so called illegal players just do it the "authorized" way instead of doing it doggy style?

      I'm guessing here, but I can offer two reasons, one legal, one practical. The legal reason is that the DVD-CCA can probably argue that the player keys are copyrighted. The practical reason is that if a key became widely used in unauthorized players, the DVD-CCA might just look into revoking that key. They couldn't make it stop working with existing disks, but they could make sure that it didn't work with any new disks. Rather than fighting that arms race, the unauthorized players just crack.

      Besides, cracking is cooler.

      I have noted that occasionally deCSS programs do screw up their attacks... but I do know that authorized players are more robust than unauthorized ones in the case of file corruption.

      I haven't seen this, and it doesn't make any logical sense. I have seen disks that Linux players won't play, but it's not because they can't decrypt the data -- DVDs are complex and reverse engineering them is hard. The reason it doesn't make any sense is because authorized players should be *more* sensitive to problems with corruption. They depend absolutely on being able to retrieve that block of disk keys, and if that portion of the disk isn't readable, bit-perfect (module error correction), they're hosed. As far as there not being enough known plaintext for crackers, well, as I understand it, there's a few bytes at the front of every 2048-byte packet, so unless the title is *very* short, there's always plenty of data available. If some of it is corrupt, there's plenty more.

      That said, I'm not saying you're wrong, just that the statement doesn't make sense to me. There is a whole lot I don't know about DVDs.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  76. Re:Mod Parent Down by quasi_steller · · Score: 1, Informative

    Unfortunatly this isn't funny, it is true.

    --
    ...interesting if true.
  77. Now a Federal Matter by ewhac · · Score: 5, Insightful

    The next obvious stop is the Federal Circuit, which is where Constitutional matters such as Free Speech get decided.

    Trade "secrets", once released into the retail marketplace, essentially cease to be so, since reverse-engineering is a legitimate practice, and always has been. License "agreements", which are a legal fiction anyway, do not change this fact. The idea that such compromised "secrets" can still trump Free Speech is ludicrous on its face.

    Don't think for one nanosecond that this is over.

    Oh, and to head off the foolish remarks ahead of time:

    • Copying is not theft, and never was.
      Copying a thing is not the same as taking a thing. They are morally, economically, and legally distinct acts. Conflation of the two will merely confuse you and lead you to the wrong conclusions.
    • EULAs are bullshit.
      See this editorial for a primer as to why you should view any such "agreement" as highly suspect.
    • Yes, there are legitimate reasons for getting at the raw data.
      Merely because you can't think of a reason why anyone should examine the unencrypted data on DVDs doesn't mean good reasons don't exist (wacky screen blankers and realtime integration with video games are but two examples). Therefore, cutting off all access to that data shows a remarkably foolish lack of foresight; you have no idea what you'll be depriving yourself of later.
    • The Law is not the be-all end-all authority of moral behavior.
      Merely chanting, "It's illegal!" will win you no new followers. There are plenty of foolish, self-serving laws on the books, and many others are violated on a daily basis without threat to the Republic. You must describe why you believe such illegality is a social benefit, not just for you, but for your audience as well.
    • "Property" cuts both ways.
      Copyright extremists like to bleat that creators' rights should be protected, and that creators should have absolute control over their creations. Apart from the fact that this point of view is completely unrealistic, it also fails to take into account that, by virtue of having sold (not licensed) their goods in the retail marketplace, their "properties" are now subject to the whims of a new owner -- namely, the person who purchased it, and who may have very different ideas about what should and shouldn't be done with it. S/he is every bit the legitimate owner as the creator. So who calls the shots, and how do you justify that?

    Schwab

  78. huh? by Anonymous Coward · · Score: 0

    The First Amendment is very important, but what does the fact that it's first have anything to do with its "rank"? If it was so important, it should have been in the original text of the Constitution. You say an amendment is more important because it alters the previous text? Well then by the same token, shouldn't the last amendment be the most important? Clearly, the order the amendments were placed isn't the deciding factor as your post would suggest.

  79. Re:Broomstick? by Anonymous Coward · · Score: 1, Insightful

    How long have the thirteen year old kids been locked up at guantanamo without any legal protection, now again?

  80. Re:Mod Parent Down by HyperColor+Underware · · Score: 1

    Well shit. We can play the game of the year of 2001. We can preach nearly any beliefs we want, barring slanderous remarks. But damn. We can't discuss how to override copyright protection schemes. Shit.

  81. you forgot... by vt0asta · · Score: 1
    What's a slashdot article without the obligatory:

    IANAL, but I have legal advice anyway that sounds close enough to what everyone watches on TV. modded +5 informative

    Several faux SCO press releases where Darl McBride is claimed to have said "Our IP is also in DeCSS", announcing that SCO is preparing to sue the owners of DVD players for copyright infringmenet

    One off the wall profit list

    --
    No.
  82. Re:All DVD piracy to stop! news at 11! by Mitreya · · Score: 1
    Their best and brightest were humbled by a kid from Norway. Oh the shame!

    Not to be nitpicking or anything, but the kid in Norway DID NOT write DeCSS. From what I remember, he "borrowed" the DeCSS code without giving proper credit to authors and put a GUI on top of that borrowed code.

    I do agree with your post though.

  83. The trade secret status is still doomed by Sloppy · · Score: 5, Informative
    I have an idea. I keep it a secret for a while. Lots of people want to use my idea, so I license my idea to them, on the condition they aren't allowed to tell my idea to someone else.

    My licensees then start to sell boxes that contain my idea inside of them. The boxes are difficult, but not impossible, to open. They sell these boxes far and wide, to anyone who wants them, without any contractual terms. You can walk into a store and anonymously buy one of these boxes with cash.

    Someone eventually opens one of the boxes and peeks inside to see how it works. He happens to have picked one of the easier-to-open boxes, but really, all of the boxes were openable. It was just a question of how hard someone was willing to work.

    Did I exercise due dilligence in keeping my idea a secret?

    That's about how solid DVDCCA's trade secret is: not at all. The widespread publication of the already-reverse-engineered DeCSS isn't what screwed them. The sale of DVD players themselves is what doomed them. As soon as the first DVD player was sold to an end-user without any contractual obligation to keep the inner workings a secret, the DVDCCA had lost control of their secret. Anyone could have opened their box, even here in USA. Some guy in Norway just happened to be the first to get the glory.

    That this loss of control was known about in advance (the whole point was that consumer electronics would implement the algorithm) rather than one of their licensees surprising them by producing a DVD player, is devestating.

    If they wanted to keep CSS as a trade secret, they should have made it so DVDs could only be played in theaters, with the descrambling happening on equipment that was under control of people with whom they had secrecy agreements.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  84. So what does this mean? by mAineAc · · Score: 1

    That because someone doesn't use the correct operatign system they are not allowed to watch dvd's? I mean was there any software out there before this that allowed people who used linux to watch a dvd?

  85. OK ASS by HyperColor+Underware · · Score: 0, Flamebait

    Actually the 13-14-15 year olds are on the verge of being released, as in, in the next month.

    Now this is really fuzzy. You're saying it's OK that the Europeans do it, because he's old?

    It's still the EXACT SAME VIOLATION. They're holding that guy, and probably more, without trial, USA is doing the same thing.

    With one hand, Russia holds back the United States from using military force. With the other hand, they wipe out scores of Chechens.

    Europe is so screwed up, it's almost sad to talk about it.

    1. Re:OK ASS by Anonymous Coward · · Score: 0

      It's not the same thing. I know that you americans like electrochuting children and mentally retarded, but here, were we are somewhat less inspired by western movies, we have this weird idea that those people can't be held accountable for their actions.

      That guy seems to be held without a decent trial, yes, and that's certainly not good. There is, however, a difference between putting an adult who appears to have commited a serious crime (possesion of >1000kg drugs) in an ordinary european prison and locking up children in a torture camp without even telling anyone what for.

      It's about time you let them out. How long have you had them there? More than 14 months I think.

    2. Re:OK ASS by HyperColor+Underware · · Score: 2

      WHAT DIFFERENCE?!

      The rights were still taken away. What difference does it matter whose rights were taken away!? SHouldn't the problem be the rights were taken away in the first place, not justifying it becasue America's doing it in the first place?

      Of course not. That would make too much sense.

    3. Re:OK ASS by Anonymous Coward · · Score: 0

      So you mean you can't see the difference between a grown man having his trial delayed for an unacceptable amount of time because of administrative problems and a thirteen years old kid being held in a cage because *SHRILL VOICE*"HE IS AN EVIL TERRORIST... BUT WE CAN'T TELL YOU HOW!"*/SHRILL VOICE*?

    4. Re:OK ASS by EzInKy · · Score: 1

      It's not the same thing. I know that you americans like electrochuting children and mentally retarded, but here, were we are somewhat less inspired by western movies, we have this weird idea that those people can't be held accountable for their actions.

      I'm as much or more against the death penalty as anyone else. But as far as responsibility for ones actions there is no magic spell that occurs at midnight on the last day of your sevententh year that enables you to suddenly determine wrong from right. You, and the vast majority of others know that murder is wrong long before you enter adolescense.

      --
      Time is what keeps everything from happening all at once.
    5. Re:OK ASS by mfrank · · Score: 1

      Well, one of the advantages of not executing murderers is that they can kill pedophile priests with no consequences.

    6. Re:OK ASS by Anonymous Coward · · Score: 0

      No, there isn't a clear point where a child becomes an adult, but you have to draw the line somewhere.

      Children under eighteen are considered immature and not responsible in other areas, such as drivers licenses and voting. Why shouldn't they be treated in that way when they've commited a crime too? Or do you want kids driving SUVs and voting in important elections?

    7. Re:OK ASS by EzInKy · · Score: 1

      No, there isn't a clear point where a child becomes an adult, but you have to draw the line somewhere.

      Children under eighteen are considered immature and not responsible in other areas, such as drivers licenses and voting. Why shouldn't they be treated in that way when they've commited a crime too? Or do you want kids driving SUVs and voting in important elections?


      There are lines drawn when it comes to responsibility and privileges.In many states minors aged 16 or possibly even less can drive. Criminal responsibility varies too, but generally it follows common law which considers children under 7 presumptively unresponsible, 7 to 14 possible unresponsible, and 14 and over presumptively responsible for their actions.

      --
      Time is what keeps everything from happening all at once.
  86. Where does the input file go in this? by Anonymous Coward · · Score: 1, Funny

    where does the input .vob file get inserted here?

  87. Screw that. by BoneFlower · · Score: 2, Informative

    http://www.indrasweb.com/blog/archives/000063.php# 000063

    Permission granted to spread this link around.

  88. Re:so how come NOTHING, not even the right to life by Anonymous Coward · · Score: 0

    The problem is, everybody thinks their own point of view is the reasonable one. Thats why a fixed definition is necessary.

  89. Why is it a bad precedent? by raehl · · Score: 2, Insightful

    I've developed something, and no one knows what it is. You, through some nefarious means, maybe breaking into my office, manage to learn my trade secret. Free speech does not give you the right to publish it. What's wrong with that?

    The problem isn't that trade secrets were ruled protected, the problem is that DeCSS was ever considered a trade secret in the first place.

    1. Re:Why is it a bad precedent? by Anonymous Coward · · Score: 0

      What happens if someone learns a trade secret just by chance or a stroke of genius and not by any nefarious means. Should they be obligated to keep quiet? Or are these types of "trade secrets" that one can learn without using any nefarious means excluded from the legal definition of "trade secret"
      If the laws dont acknowledge that you dont need some evil plan to learn a trade secret then you will never be able to argue the angle you suggest; that is the possibility that the internal workings of DeCSS are not the "trade secret" but the "trade secret" is simply that DeCSS is used to encrypt the content, or the other possibility that the trade secret is really only the key the dvd player needs to decrypt the content using the DeCSS algorithm.

    2. Re:Why is it a bad precedent? by stwrtpj · · Score: 2, Informative
      I've developed something, and no one knows what it is. You, through some nefarious means, maybe breaking into my office, manage to learn my trade secret. Free speech does not give you the right to publish it. What's wrong with that?

      Absolutely nothing. But what does this have to do with this case?

      Your analogy is not apropos. The author of DeCSS did not break into anything, nor steal anything, nor copy anything. He did a bit of clever reverse-engineering, nothing more.

      Now, could this still constitute revealing a trade secret? Maybe. The real trade secret is in the encoding algorithm itself, which a decoding algorithm cannot help but reveal. So I will agree that there is a trade secret issue here, but the tone of your example makes it sound like it was done for malicious intent and thus should be the sole grounds to stop it.

      From an ethical point of view, we have to consider the fact that the programmer did not do this for personal gain, other than to be able to play legally purchased DVDs on a system not normally supported for such playback. Might be a stretch, but one could argue that this is legal under the DMCA as it involves interoperability.

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    3. Re:Why is it a bad precedent? by asscroft · · Score: 1

      ok. WHO defines what is and is not a trade secret? is it the patent office? the company stealing the secret? the company guarding the secret? At what point does WHO get to decide that enough people know the secret and it's not a secret anymore? I woulda modded you up too. I'm not disagreeing. I just wonder who messed up - and more importantly, who is supposed to make the decision?Seems like there must be a legal definition somewhere of what a trade secret is, and I wonderif DECSS was indeed a trade secret by that criteria. If so, is it still, seeing as how it's not a secret anymore. I still find it hilarious that a kid unraveled their precious secret. ha-ha-ha-haaa-haaa. M-P-A-A Suxors.

      --
      because I have been enjoined by this Holy Office to abandon the false opinion which maintains that the Sun is the centre
    4. Re:Why is it a bad precedent? by LeBlueBoy · · Score: 1

      The analogy is fine. The original poster wanted to know why do the courts still consider DeCSS a trade secret?

  90. Somebody correct me if I'm wrong, but ... by ninewands · · Score: 5, Interesting

    I was under the impression that the only way that publishing a "trade secret" was wrong was if the owner had entrusted you with it and you disclosed it.

    I cannot see how Brunner can be found liable for publishing the DVDCCA's "trade secrets" when Johanssen's code was independently developed in a reverse engineering environment even more stringent than the classic "clean room." I may be incorrect on the facts, but as I understand the Norwegian case, Johanssen did not dismantle his DVD player, download the ROMs and then disassemble the code. Most of what he did involved examining the data on the disk and trying to find the decryption key by means of quasi-brute-force cracking.

    I see no violation of "trade secrets" here primarily because neither Johanssen nor Brunner were ever entrusted with the "secret" by the DVDCCA in the first place. Johanssen discovered it by independent reverse engineering, which the US Supreme Court has already determined to be protected as "fair use."

    But, then again, I MIGHT be wrong on that.

  91. Yearly Debian/KDE3 survey by Anonymous Coward · · Score: 0

    Welcome gents and ladies! This is August and is once again time for our yearly survey of the Debian testing packages to see if KDE3 has been included yet.

    Wait....wait....wait... NOPE! STILL NO KDE3 debs in Debian testing.

    When are you dinosaurs gonna learn? You wonder why even the Macintosh feebs laugh at you?

  92. No surprise, judges are lawyers & lawyers are by 2TecTom · · Score: 0

    ... mostly anyways. It's obvious that American justice is for sale to the highest bidder. If this is such a free society, why is justice only available for a fee? Let's face it, the affluent have sold this country down the river.

    Sadly anonymous by necessity ...

    --
    Words to men, as air to birds.
  93. Cry me a river by Anonymous Coward · · Score: 1, Informative

    the guy was carrying over 1,000 kilos of drugs and your worried about him being held without bail?
    I think its safe to say that this guy is a flight risk.

    Its also safe to say that this guy's fate in the US wouldnt have been any better except for the chance of prison rape which is highest in the US.

    Hey, whenever we cross the border to get some cheap cigs in the US, we have the inside of our windows scraped. Getting your car taken away because the asinine War on Drugs' zero tolerance is only one of the stupid things that can happen to you.

    The WOD sucks everywhere but no matter how bad the french and the swedes are, NO ONE is remotely close to the gulag down south....says the man whose 'democratic' country next door already knows who the next leader will be even though the leadership races arent even finished.

    zack

  94. Trade secrets trump free speech? by macdaddy357 · · Score: 1

    Where is corporate "intellectual property" more important than freedom of expression? In the United States of Avarice.

    --
    How ya like dat?
  95. bet you my karma they aren't. by RMH101 · · Score: 1
    they're letting the kids out of camp x-ray? whilst that cvnt rumsfeld states on the record that even if the detainees at guantanemo bay are found innocent they may need to be detained for as long as he wants?

    like i said, bet you my karma points they're not released by the 25th of september.

  96. Re:All DVD piracy to stop! news at 11! by Lathi- · · Score: 0, Offtopic
    A shame the idiots in charge just didn't commit suicide and get it over with.


    Despite popular opinion, some things aren't funny to joke about.
  97. no shit by Anonymous Coward · · Score: 0

    KDE 3 doesn't compile on kernel 0.86. You've got to satisfy dependencies first. Get it straight.

    1. Re:no shit by Anonymous Coward · · Score: 0

      Look, I'm trying damnit! These crazy KDE developers are all the place. What the hell is "Glibc"? Why won't it compile on libc4? Bah!

  98. Prof by heli0 · · Score: 2, Informative

    Our favorite dmca-flaunting professor Dr. David Touretzky has most of the decss implementations hosted at his site.

    He also has the scientology documents that slashdot censors, which you can read here

    Dr Touretsky also received a cease and desist letter from COS in an attempt to remove the material, but I guess he wasn't more worried about spending his dot com millions than setting a horrible precedent by caving.

    --
    Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way...
  99. The New Constitution by cc_pirate · · Score: 0

    The rights of the corporations shall never be circumvented by the rights of the peons.

    How this decision could have possibly been made without rampant corruption of our judges is completely beyond me.

    Kiss the constitution goodbye. The 1st Amendment no longer exists unless you want to complain about God. Write about anything else and you'll either be branded a terrorist (for political speech) or a DMCA violator (for commercial/political speech) and thrown in jail.

    This country is no longer "free". It hasn't been for a long time.... unless you are corporation.

    The only possible good news would be if someone could appeal this to SCOTUS and get a different answer.

    --

    "There are laws that enslave men, and laws that set them free. " - Sean Connery as King Arthur

  100. ITS ON BABY by HyperColor+Underware · · Score: 0

    Don't know how you're gonna get them to me though.

    Here are links for your parousal:

    http://news.google.com/news?hl=en&lr=&ie=UTF-8&edi tion=us&q=cluster:www.smh.com.au/articles/2003/08/ 25/1061663742056.html

    Enjoy!

    166 articles SHOULD be enough...

    Also, it tells how the conditions are being substantially increased - from the animal cage style quarters, to places with a bed, sink, a toilet.

    But of course, it's bad, because it's America.

  101. they should use their rights to protect adequately by Mryll · · Score: 1
    So if they spend money on a protection procedure, and someone finds a way to destroy that protection, then harm was caused to the producer.

    One could also assert that if a company expects to sell some physical object, but not to provide the customer with the FULL actual contents of the object, but instead to intentionally limit access to the object, that they had best use adequate and appropriate protections on the physical object.

    IIRC, I never agreed to any license when I purchased a DVD or CD. If they fail to protect that physical object themselves but expect the content protected, then they're depending upon honest behavior and possibly license agreements for their "rights". Illegitimate distribution of copyrighted material invokes civil liabilities, some day it might be a crime. Simply reading copyrighted material at a level that's present in a purchased product but inadequately protected should NOT be a crime IMO. This whole business makes the concept of property ownership a joke, which is where I can see a constitutional objection.

  102. Thoreau to the rescue by bstadil · · Score: 1

    Two words: Civil Disobedience

    --
    Help fight continental drift.
  103. Again. by HyperColor+Underware · · Score: 1

    It's ok to take rights away of SOME people, as long as it makes the majority happy?

    Yeah, you Europeans REALLY got the smarts going on.

    1. Re:Again. by Anonymous Coward · · Score: 0

      Hey, its been working so far for Bush and Ashcroft.

  104. Ruling to affect the SCO vs IBM case? by pbrammer · · Score: 1

    Couldn't this hurt IBM's side in the suit of SCO vs IBM? Doesn't this invalidate the GNU Public License? SCO's position is that it's their work, and the California State Supreme Court ruled that trade works are to be protected over first amendment rights... Soo.... SCO simply claims that it's their work, and the whole world has been using it illegally.

    Phil

  105. Ironic Punishment by sam_handelman · · Score: 1

    MPAA Inquisitor: Recant!
    Publisher: Never!
    Inquisitor: You'll be sorry.
    Publisher: Do your worst!
    Inquisitor: Very well! You leave me no choice! As punishment for distributing this code, you'll be forced to watch these ten DivX movies made from rips that used code you posted!
    Publisher: I heard Dirty Pretty Things was pretty good.
    Inquisitor: Nice try. You'll be watching this past Summer's big budget movies! Should I start you off with "The Hulk" or "Gigli"?
    Publisher: No! I recant! I recant! You can spy on me! You can nuke my hard drive from space! Anything! Please! Aieeeeee!

    --
    The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
  106. The obvious response: by mcc · · Score: 4, Insightful

    Trade secret controls are a privilegde.

    Free speech is a right.

    The privilidge of controlling trade secrets is granted to businesses by acts of government legislatures.

    The right of freedom of speech is innate, universal, and to inaliable to every member of the human race. It also happens to be among the rights that the architects of the government of the united states decided needed to be explicitly enumerated in the government's charter as something that government legislatures are explicitly reminded they are not allowed to impinge in their actions.

    Innate human rights take precedence over government-granted privilidges. Always. And among the functions of the courts in the United States is the task of ensuring that, when a government legislature attempts to put into law a limit on a universal human right despite.having no right or authority to do so, the law which creates the limitation is declared invalid and removed from the body of law of the land. For the moment, the California Supreme Court has failed in their duty.

    This rant brought to you by Captain Obvious(TM)

    1. Re:The obvious response: by palp · · Score: 2, Insightful

      If I steal your credit card number, I do not have the right to post it all over the internet and tell it to everyone I know.

      The court's decision was correct, trade secrets are not protected under free speech, and shouldn't be. DeCSS shouldn't be a trade secret, is all.

      --
      -palp
    2. Re:The obvious response: by Anonymous Coward · · Score: 0

      government 101, the rights of the people are weighed against the interests of the government. in this case, the courts have decided in the interests of the government.

    3. Re:The obvious response: by Anonymous Coward · · Score: 0

      DeCSS wasn't stolen

    4. Re:The obvious response: by gribbly · · Score: 2, Funny

      Privilegde is a spelling error!

      grib.

      --
      maybe
    5. Re:The obvious response: by Anonymous Coward · · Score: 0

      So much for the American ideal of government for the people, by the people. The interests of the government should be the same as the interests of the people. Any government which acts against the interests of the people is corrupt and should not be allowed to hold office.

    6. Re:The obvious response: by palp · · Score: 1

      That's why I said it shouldn't be a trade secret.
      The court's ruling was that trade secrets are not protected under free speech laws. I agree with this.

      --
      -palp
    7. Re:The obvious response: by Anonymous Coward · · Score: 0

      "The right of freedom of speech is innate, universal, and to inaliable to every member of the human race."

      No it isn't. Sorry, Ducks ... but that's the reality of the matter.

    8. Re:The obvious response: by Anonymous Coward · · Score: 1, Insightful

      The right of freedom of speech is innate, universal, and to inaliable to every member of the human race.

      I'm not sure why you would bother suggesting this to the largely atheist and naturalistic Slashdot crowd. With no God above to judge us, leaving mankind to do it for itself, then there is no such thing as an innate, universal, inalienable right. In a godless world, the rights we have are only those that our society lets us have, and nothing more. If that happens to include free speech, fine. But if not, there ain't nothin inalienable about it.

    9. Re:The obvious response: by Anonymous Coward · · Score: 0

      I pitty you if you truely think that. My God is a wonderful loving God, and he only wants the best for us. Ben Franklin said it best: "Beer is proof that God loves us, and wants us to be happy."

    10. Re:The obvious response: by Snaller · · Score: 1

      What the hell have you been smoking lately?

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    11. Re:The obvious response: by deblau · · Score: 1
      Trade secret controls are a privilegde. Free speech is a right.

      While normally I would agree with you, Captain Obvious, there are other arguments to be made here. Taking the devil's advocate position here, what about property rights? Americans have, in the same document that gives us free speech rights, the right of the people to be secure in their persons, houses, papers, and effects. Considering that some people believe that inanimate constructs can have the same qualities as tangible goods, there is this thing called "intellectual property". According to a certain logic and interpretation, this 'property' is protected under the Fourth Amendment, and not subject to revocation or seizure. When someone goes out of their way to 'protect' this 'private property' (a la Trade Secret laws), and someone else 'steals' it (DVD Jon et al), they may consider themselves in possession of the Moral High Ground going after the 'thieves'.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    12. Re:The obvious response: by Anonymous Coward · · Score: 0

      "Trade secret controls are a privilegde."

      wrong. nothing is a "privilegde". that's because there's no such word.

      back to the monkey house, sparky.

  107. FLAIMBAIT? by HyperColor+Underware · · Score: 1

    Right.

    Disagree with the majority, get modded down. Of course. Slashdot rules.

    1. Re:FLAIMBAIT? by sketerpot · · Score: 1

      I see that you disagree with the majority on the spelling of the word "flamebait".

    2. Re:FLAIMBAIT? by Anonymous Coward · · Score: 0

      sketerpot@chase3000.com

      sketerpot@chase3000.com

      sketerpot@chase3000.com

      sketerpot@chase3000.com

      Harvest away my spambots!

      Dean for America!

    3. Re:FLAIMBAIT? by Anonymous Coward · · Score: 0

      Well, for what it's worth, meta moderaration has vindicated you,

      Hugs, Kisses, and Reprisals for their crimes against the truth,

      -604793

  108. Erosion of rights by Anonymous Coward · · Score: 0

    ...the continued reporting of how our rights as consumers are being eroded makes me...

    Silly Rip Van Winkle... wake up. You have to have rights first before they can get eroded. Ours were all stomped on and taken away decades ago, probably before you were even born. Stop fantasizing.

  109. But Microsoft can use SCO to attack the GPL by Anonymous Coward · · Score: 0

    What is this, a nut-case country or something? The richest man in the U.S. can just make up the rules? No. I want my Linux and I want to watch my DVDs on it. I do not want to pay SCO/MSFT and I paid for my DVD. I can use whatever tool I want to watch 'em on my Linux box.

  110. Trade secret law by Hamster+Lover · · Score: 2, Interesting

    First off, the IANAL blurb.

    From my searching on the web for trade secret law, I have found several nuggets of information:

    - Trade secret law is generally State enforced, there is a Federal component, but the States by and large enforce trade secrets.

    - Reverse engineering is considered a complete defense, that is, if the trade secret was discovered through the author's own efforts then the disclosure of said trade secret disolves the trade secret protection and cannot be considered actionable.

    I did not read the court decision, but I am pretty sure from the history of the DeCSS controversy that whatever trade secret protection for DeCSS that existed was extinguished by the discovery and publishing of the DeCSS keys from the unencrypted Xing implementation. Thus, the reverse engineered discovery was entirely legal and entirely disolved whatever trade secret protection existed. I don't see how this could be considered trade secret any longer, given the method of discovery and widespread nature of the information.

    My 2 cents.

    1. Re:Trade secret law by ewhac · · Score: 1

      I am pretty sure from the history of the DeCSS controversy that whatever trade secret protection for DeCSS that existed was extinguished by the discovery and publishing of the DeCSS keys from the unencrypted Xing implementation. Thus, the reverse engineered discovery was entirely legal and entirely disolved whatever trade secret protection existed.

      Except that DVD-CCA is claiming that the (ha ha) license "agreement" supersedes this. The EULA contained a clause to the effect of, "You will not attempt to discover trade secrets and, if you do, you agree to keep them secret." And that, of course, you must "agree" to the "license" before you can install and use the program.

      This is, of course, pharmaceutically-pure bullshit.

      Unfortunately, too many people are taking this kind of thing seriously. I still say the EFF, in addition to the First Amendment angle, should also be repudiating the, "license."

      Schwab

  111. Er... by Ibanez · · Score: 1

    You are a bit incorrect there...there are times when property outranks free speech. One example is hypothetical, but is drawn from real life examples.

    You're a doctor who specializes in abortion. In many states (Possibly the nation, but I'm not sure that the Supreme Court has ever ruled on something like this) it would be illegal for protesters to protest on the property of your abortion clinic. Lets take this one step further, in a situation that the Supreme Court would highly rule in favor of property. You're the doctor still, but this time the protesters are out on your front lawn picketing. You think the Supreme Court would rule for the people protesting? Highly unlikely.

    That being said, the Supreme Court would probably not review it and let the state's supreme court decide. And in the case that we're talking about, DeCSS, the outcome would probably not be the same as my scenario. BUT what you say is not correct.

    Blake

  112. The Zeroth Amendment by Mu*puppy · · Score: 1
    A liberty may not pre-empt 'rule of law' or, through enforcement, allow 'rule of law' to come to harm.

    The cold logic behind the curtain: Without 'rule of law,' liberties cannot be ensured. Therefor, rule of law becomes paramount to the definition of liberties.

    Make rule of law itself the perceived target ('Allowing people to circumvent encryption devices is an affront to established (bought, in our current US system) law'), and it's amazing how fast liberties can be ignored.

    Although some times 'liberties' are allowed to influence how the 'rule of law' is executed, the under-lying (and admittedly very hard to 'positively define') 'rule of law' is the foundation. 'Rule of law' (order out of chaos) can be found in dictatorships, solialist communes, theocracies, monarchies, even simple tribes. It's the execution of 'rule of law,' as defined by 'liberties,' that make these governing systems different...

    --
    There's no wrong way, to eat a Rhesus...
  113. Just fuck it! by Anonymous Coward · · Score: 0

    Don't buy their damned movies or music. Don't go to movies or concerts. Don't buy the products they advertise.

    Read a book!

  114. Re:Mod Parent Down by Anonymous Coward · · Score: 0

    Go buy a copy of Mein Kampf

  115. If that's the case by SHEENmaster · · Score: 1

    you'll just be annoying unless someone things you'd really scream in hex.

    (Use case and punctuation)
    0x4669726421
    0b0100011001101001011100100110010100100001
    {'F','i','r','e','!'}

    (Come to think of it, by leaving off the null terminator, we're inviting a nasty memory access exception...)

    --
    You can't judge a book by the way it wears its hair.
    1. Re:If that's the case by corsec67 · · Score: 1

      Yes, and when people sue you for shouting fire in a movie theater, you counter sue with a DMCA violation.

      --
      If I have nothing to hide, don't search me
    2. Re:If that's the case by Anonymous Coward · · Score: 0

      You assume an ASCII theatre. Your message may be misinterpreted in an EBCDIC or unicode threatre.

  116. why do you need DeCSS to copy a DVD? by way2trivial · · Score: 2, Interesting
    to do a bit by bit copy of data, you read the data, encrypted or not.. and copy it somewhere

    now- admittedly, for the copied data to be useful, you need the ability to write that data on a
    compatible (read, dual layered) medium that is not available at the consumer level.

    but (ianal) the copyright law exception that allow you to make a
    backup don't require that backup to be useful. You have the data, it is backed up.

    think I'm being silly? Consider a professional grade 4 track for audio production, something with DRM that allows a digital backup to be created once from the original master.. lets say you lose the originals/they get damaged.. can the backups help? no-- you can't back them up.

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  117. Gee, that goto came out awefully fast. by Anonymous Coward · · Score: 0

    Aside, I know. But I'm always amused when I see a programming keyword in someone's English text. Your fingers have be trained to type "goto" instead of "go to" at some point. That says to me that you are:

    1) either an old geek (like me).
    2) a young geek that got a *VERY* early start.
    3) responsible for maintaining fucked up code
    4) responsible for writing fucked up code.

    Which is it?

    1. Re:Gee, that goto came out awefully fast. by CrazyDuke · · Score: 1

      I am 22 years old. The first programming language I learned was BASIC on the C64 somewhere around 10-12 years ago.

      --
      Any sufficiently advanced influence is indistinguishable from control.
  118. Doesn't the DMCA provide 4 reverse engineering? by JohnDenver · · Score: 1

    I've read the DMCA and I've seen the provisions for reverse engineering which especially applies for the purpose of creating a compatible technology.

    This seems like a clear case of reverse engineering to create a compatible DVD player.

    How is it this case and the 2600 case got so far?

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:Doesn't the DMCA provide 4 reverse engineering? by i_am_nitrogen · · Score: 2, Insightful

      I believe that the reverse engineering provision only applies to making a compatible product with the player. In other words, creating CSS discs to work with a DVD player, not a DVD player to work with CSS discs.

    2. Re:Doesn't the DMCA provide 4 reverse engineering? by Anonymous Coward · · Score: 1, Insightful

      So why does no "consumer" DVD writing hardware/software allow you to set the region coding? Why should someone putting their wedding video, or any material for which they hold the copright, onto DVD be allowed to restrict where it can be played in the same way as the MPIAA members do?

  119. Cal Supreme Court Upholds Free Speech in DVD Case by updog · · Score: 1

    By reading this on the EFF website, you would think that there was a different outcome. It's interesting to read what the EFF thinks about the decision.

  120. I see by HyperColor+Underware · · Score: 1, Insightful

    I see the same right being violated. Doesn't matter the circumstances.

    Who is to say that alleged drug smuggling is less of a crime than alleged terrorism?

    1. Re:I see by Anonymous Coward · · Score: 0

      Noone says that.

      What I'm saying is that there is a difference in how a kid and a grown man should be treated and that there is a difference between a kz-camp and the average european low-security jail.

    2. Re:I see by HyperColor+Underware · · Score: 1

      How they are treated are not matters that pertain to the discussion of the "held without trial." The children are not being held in a criminal manner.

      How are those children's fate any different than the 600+ in the camp already? Because they're kids? Fuck that. Trial as an adult is the best thing in the world. If you're capable of making babies, you're capable of being responsible for your own damn actions. I'm sick of this "kids will be kids" shit, go violate someone elses car you sick kids.

    3. Re:I see by Anonymous Coward · · Score: 0

      The Geneva conventions says loads of things about how you should and shouldn't treat prisoners of war.

      Oh, sorry! I forgot that they aren't prisoners of war! They're "illegal combatants" in "the war against terrorism"! And they aren't on US soil, so your constitutional rights don't apply to them. How convenient; you can treat them as you want to!

      Your view on children is disgusting. I hope you don't have any of yourself.

    4. Re:I see by Anonymous Coward · · Score: 0

      Its not, and we should all be equally fucking ashamed because of it. But no, we have to turn it into a U.S versus Europe flame fest instead. You should all be ashamed of yourselves, no matter if you're European (Check!) or American.

    5. Re:I see by Anonymous Coward · · Score: 0

      $50 says hes a pedophile. But anyway this argument is going nowhere.

  121. Trade secrets? How do I know one when I see it? by Anonymous Coward · · Score: 1, Interesting

    I'm not sure how a third party is bound a trade secret agreement. Here's what I've been told is true: if "A" has some information which he wishes to have kept secret, he has to explicitly inform "B" of such when sharing the information with him. "B" is then bound by contract law to honor the secret.

    If "C" should somehow independently discover the secret, "C" is in no way bound to keep it. This is partly because "C" isn't obligated to "A" and mainly because there is no way for "C" to recognize the information as being secret without having been so informed by "A".

    And trade secrets are limited in scope. A company can't say that everything you learn while within their walls or from contact with their employees or agents is a trade secret. If it isn't clearly identified as a secret when someone tells it to you, it's not your responsibility to keep it from others.

    DeCSS is a fine example of a non-secret. While "A" and "B" mutually agreed to keep the secret, "C" found it out independently and has no obligation to "A". Even if "C" discovered the secret because "B" forgot to protect it, the breach is by "B" who can be sued by "A". "C" is in the clear.

  122. "Gallery of CSS Descramblers" says "We are free." by Futurepower(R) · · Score: 1


    There is a credible theory that modern democracy began because the nobles in England would not even consider following the king. So, rather than have a complete lock-up, they wrote the Magna Carta, which limited the power of the king.

    I'm glad to see the same tradition being continued in the United States. The "Gallery of CSS Descramblers" says "Oh, you want to take away our freedom? Then our response is that we will exercise it more."

    In the U.S. at the moment, the less intelligent, more conflicted people are in charge.

  123. Re:Mod Parent Down by Anonymous Coward · · Score: 0

    Rubbish. It's an amusing stereotoype but bares no resemblance to reality. People do preach Christianity in Mecca and survive just fine. The original joke may have been funny or not, but trying to pass it off as truth is unconscionable.

  124. Now hear this! Now hear this! by gacp · · Score: 1

    Mimiluv duckspeak crimethinkers' crimethink is doubleplusungood, terrorism. All goodthinkers bellyfeel copyright. Minitru rectifies: ``Bill of Rights'' misprinted, unmisprinted ``Bill of Duties''.

    --
    ``L'imagination au povoir.''
  125. The Clock Is Ticking for DVDCCA by Royster · · Score: 2, Informative

    Basically, the CA Supreme Court said that the Court of Appeals should have considered whether the basis for granting the original injunction was sound. The Court of Appeals said, even assuming it's sound, it's a prior restraint under the First Amendment.

    This is still bad news for the DVDCCA becuase their trade secret is no more. In the dissent, one CA Justice was ready to declare it then and there. The majority of justices thought it better to let the Court of Appeals make that determination. It is appealable again after that.

    The opinion says that this is a narrow decision. All it says is that there are some circumstances when the courts can order non-disclosure against some individuals.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  126. code that let's you watch movies by way2trivial · · Score: 1
    yes, and kazaa is code that allows me to watch anything I want..

    it's just code right?

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  127. Copyright Impeachment by Anonymous Coward · · Score: 0

    I can see it now - Bush, Ashcroft and co. copyright being anti-bush, etc. and then try you on copyright infringement when you march to Washington to get Bush impeached.

  128. and all those t-shirts...? by paultt · · Score: 1

    does this mean that i'm in trouble of life when i live home with that decss t-shirt?!?!?!

    PS
    jokes apart, indeed this's a bad new.... :-(

    ptt.

  129. And in related news . . . by Anonymous Coward · · Score: 1, Funny

    ThinkGeek sold out of DeCSS t-shirts today.

  130. Dear California Supreme Court: +1,FairAndBalanced by Anonymous Coward · · Score: 3, Funny

    Eat This:

    #!/usr/bin/perl -w
    # 531-byte qrpff-fast, Keith Winstein and Marc Horowitz
    # MPEG 2 PS VOB file on stdin -> descrambled output on stdout
    # arguments: title key bytes in least to most-significant order
    $_='while(read+STDIN,$_,2048){$a=29;$b=73;$ c=142;$ t=255;@t=map{$_%16or$t^=$c^=(
    $m=(11,10,116,100,1 1,122,20,100)[$_/16%8])$t^=(72, @z=(64,72,$a^=12*($_%16
    -2?0:$m&17)),$b^=$_%64?12 :0,@z)[$_%8]}(16..271);if ((@a=unx"C*",$_)[20]&48){$h
    =5;$_=unxb24,join"",@ b=map{xB8,unxb8,chr($_^$a[--$ h+84])}@ARGV;s/...$/1$&/;$
    d=unxV,xb25,$_;$e=256| (ord$b[4])>8^($f=$t&($d>>12^ $d>>4^
    $d^$d/8))>8^($t&($g=($q=$e>>14&7^$e)^$q*8^ $q>=8)+= $f+(~$g&$t))for@a[128..$#a]}print+x"C*",@a}';s/x/p ack+/g;eval

  131. Flawed cryptography? Meh. by Esion+Modnar · · Score: 1
    ...when we are being sold flawed cryptography?

    Maybe I'm missing the point, and don't think I'm taking the MPAA's side, but what do we care about the quality of the cryptography being used in DVD's?

    The cryptography (if any) is for their (imagined) benefit, not ours. They could use ROT-13 as their cryptography, and as long as it plays, I don't care.

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  132. California's vested interest by kaltkalt · · Score: 1

    Keep in mind, california 1) is insane; and 2) is home to Hollywood, where billions of dollars is made each year by selling bad movies to the unwitting public. Which means california, out of all the 50 states, is the only one that truly has a vested interest in getting rid of (yeh right) DeCSS. The law is created by self-interest. Only we peons can say freedom of speech is in our best interest.

    --

    Stupid people make stupid things profitable.
  133. DeCSS is not "DVD copying code" by penguin7of9 · · Score: 1

    You can copy DVDs just fine without DeCSS. DeCSS is there for decoding DVDs so that they can be displayed.

  134. Excellent point by mikeswi · · Score: 2, Interesting

    The point is that the MPAA (and now RIAA, Microsoft, etc.) make it a point in assuming that their customer base is a part of their problem. Fine. Then I won't be a part of their customer base. End of story.

    Excellent point. If you weren't already at 5 points, I'd mod you up instead of replying.

    I have known many friends who felt very torn whether to buy an album by an artist they liked-- if they buy it, they are lining the pockets of an insdustry they felt betrayed by, but they still wanted to support their artists.

    Understandable. However, it is a misconception that the creators of the content make money from CD sales. Except for a few very well know and very well off individuals, artists make most of their money from concert sales. They generate interest in those concerts when people listen to their music, regardless of how their fans come across that music.

    If you want to support your artists, buy concert tickets, not CDs.

    1. Re:Excellent point by einhverfr · · Score: 1

      However, it is a misconception that the creators of the content make money from CD sales. Except for a few very well know and very well off individuals, artists make most of their money from concert sales. They generate interest in those concerts when people listen to their music, regardless of how their fans come across that music.

      I know that and you know it too, but the cd's also serve as a sort of advertising for artists, and buying them probably does help the artist to some extent...

      What we need instead is a digital, electronic music service which offers Free music (Free as in speach) as an advertising service for artists. It might be hard to get it started, but once it does, I think it would work very well.

      --

      LedgerSMB: Open source Accounting/ERP
  135. Hasta La Vista, RIAA: +1, Patriotic by Anonymous Coward · · Score: 0


    #!/usr/bin/perl -w
    # 531-byte qrpff-fast, Keith Winstein and Marc Horowitz
    # MPEG 2 PS VOB file on stdin -> descrambled output on stdout
    # arguments: title key bytes in least to most-significant order
    $_='while(read+STDIN,$_,2048){$a=29;$b=73;$ c=142;$ t=255;@t=map{$_%16or$t^=$c^=(
    $m=(11,10,116,100,1 1,122,20,100)[$_/16%8])$t^=(72, @z=(64,72,$a^=12*($_%16
    -2?0:$m&17)),$b^=$_%64?12 :0,@z)[$_%8]}(16..271);if ((@a=unx"C*",$_)[20]&48){$h
    =5;$_=unxb24,join"",@ b=map{xB8,unxb8,chr($_^$a[--$ h+84])}@ARGV;s/...$/1$&/;$
    d=unxV,xb25,$_;$e=256| (ord$b[4])>8^($f=$t&($d>>12^ $d>>4^
    $d^$d/8))>8^($t&($g=($q=$e>>14&7^$e)^$q*8^ $q>=8)+= $f+(~$g&$t))for@a[128..$#a]}print+x"C*",@a}';s/x/p ack+/g;eval

  136. No longer a secret by nullard · · Score: 1

    I did a report on this for my Computer Ethics course. The simple fact is this: the DeCSS code was published in an unsealed legal filing by John Hoy, president of the DVD-CCA (those fighting against DeCSS). By doing this, he made it part of the public record, thus nullifying any trade secret status it might have had.

    I had a better link to the filing but I don't have time to track it down. Use google.

    --


    t'nera semordnilap
  137. Not an art form? by linuxtelephony · · Score: 1

    DeCSS is one implementation of a process to decrypt a DVD.

    The person that wrote it used a language to describe and express for himself a process. It just so happens that process decrypts DVDs. What if it added two numbers together?

    Is code art? Depends on who you ask. Some coders definitely view coding as an art form. How a program is written, the manner and/or order in which it executes, the minimum or maximum number of lines it takes to do something, the elegance of the design or implementation of a design. All of that is an art. The medium just happens to be in a language that a computer can interpret.

    Is code speech? I believe Borland took this issue to some court in response to Lotus 1-2-3's suit against Quattro Pro because Quattro Pro supported 1-2-3's macro language. I don't remember all the details, but one issue that was raised was the issue of language. If you created a language, and people learned that language as a means of expression, can copyright law prevent others from using that language? A quick google did not reveal any real answers, except that Borland won at an appeal court and the supreme court deadlocked (one justice recused himself due to IBM owning Lotus).

    I agree, getting rid of the DMCA would fix a lot of problems. The DMCA flies in the face of so many entrenched precedents, not the least of which is reverse engineering and fair use. In this case, you could even argue that DMCA is impairing freedom of speech.

    --
    . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
  138. Except explicitly in the Fifth Amendment by djembe2k · · Score: 1
    Which reads:
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  139. One more time by Veteran · · Score: 1

    DeCSS is not about priracy, it is a ludicrous tool for any commercial pirate to use; it is much easier for these people to do a bit copy of the DVD and mass produce it - which they do.

    This is not about controlling piracy - Hollywood doesn't care about that - what they do care about is controlling your use of DVD's once you have bought them.

    DeCSS is about having a free and open source DVD player for Linux.

    DeCSS is as much about piracy as owning a screw driver is about being a burgular.

    Sadly I think that we are putting up just good enough a fight here with the EFF to insure that we lose in court and set a precedent. This is a prime example of the general crappiness of the law overiding common sense.

  140. Wrong focus by Sanity · · Score: 1
    The problem with free speech laws is that how do you determine where to stop, what line is enough, or do you jsut allow all free speech? Threats? Allegations about your sex life with sheep?
    You miss the point - the real question is how far are you willing to accept the inevitable compromize of "good" forms of speech to prevent or discourage "bad" forms of speech.

    I mean, everyone thinks that wife-beating is terrible, yet even though forced installation of cameras in people's homes would prevent it, people would never accept that.

  141. Not the final authority. by AJWM · · Score: 4, Interesting

    This is only the state Supreme Court. If the appeal makes its way to the US Supreme court, they might disagree with: "the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case."

    Last time I looked, the US Constitution specifically protects free speech, but only indirectly protects property rights (and specifically limits so-called intellectual property), and says nothing at all about trade secrets.

    OTOH, courts -- even Supreme Courts -- have been known to come up with screwy decisions.

    --
    -- Alastair
  142. Re:Flawed cryptography? Meh. by Sanity · · Score: 1
    Maybe I'm missing the point, and don't think I'm taking the MPAA's side, but what do we care about the quality of the cryptography being used in DVD's?

    The cryptography (if any) is for their (imagined) benefit, not ours. They could use ROT-13 as their cryptography, and as long as it plays, I don't care.

    The problem is that when Intellectual Property law can be used to artifically prop-up flawed encryption schemes then it discourages the creation of crypto schemes that don't require dumb laws to support them.

    Which is better - having secure airports, or making it illegal to talk about the flaws in airport security?

  143. God bless the USA by Anonymous Coward · · Score: 0

    Aren't we lucky to live in the world's richest country, where money counts as free speech but programming code doesn't?

  144. I am embarassed to be a Californian... by The+Master+Control+P · · Score: 1

    "Dear CA Supreme Court: Without any respect what so ever, fuck you. I have a handful of DVDs (I will never buy another) and I will watch them on any operating system I want. You are a disgrace to freedom and our Constitution."

    It's quite obvious now (as it has been for some time) that our "courts" are nothing more than a big-business circle jerk. If you try to fight them on their turf, they'll win and the only result will be more propaganda for them to spin.

    Unfotunately, I don't think civil disobedience will work either... Ghandi succedded because A) the great majority of people actually cared about something other than bread and circuses B) Britian couldn't control the news coming out. Unfortunately, the average fuckwit in America today doesn't know anything about the constitution, doesn't know anything about any amendment other than the first, and only wants bread and circuses, so forget A. And guess who controls the media? Take the fight to *your* turf, however, and you'll find that these idiots don't stand a chance (Already RIAA.com seems to be slow). Some initial suggestions:

    * Never buy another DVD. Never let any of your friends buy another DVD either. Get the tape or p2p it
    * I'm sure everyone here can think of a way to DOS or DDOS their site
    * Snail-mail DOS
    * Post their E-Mail addresses for the spambots

    Yes, a lot of this is indeed malicious. But when passive resistance isn't working, you have no choice but to step up to actively fighting them. I'll change my sig for the spambots as soon as I find it (Besides, that honeypot now gets plenty spam...)

  145. Parent Post Couldn't Be More Incorrect. by HopeOS · · Score: 1

    Code is a language. It has grammar. It has syntax. It has nuance. It has multitudes of dialects. Most importantly, it has meaning. It is most emphatically Speech in every sense of the word.

    The fact that a machine can process and execute it is entirely orthogonal.

    Not convinced? The Supreme Court ruled that the symbolic notation for music was Speech. Just because the language does not translate efficiently into audible words does not disqualify it from First Amendment protection.

    Would you like to explain how a musician playing sheet music differs from a computer executing code? A phonograph playing a record?

    Sheet music is copyrightable, so is code. How exactly does one copyright something if it's not Speech?


    -Hope

    1. Re:Parent Post Couldn't Be More Incorrect. by Anonymous Coward · · Score: 0

      How exactly does one copyright something if it's not Speech?

      One doesn't. That's the point.

  146. It's NOT hard to copy DVDs w/out DeCSS by nullard · · Score: 2, Interesting

    Or you can mount the image and use a legally authorized DVD player.

    When I bought my G4 it was advertised as being able to play DVDs w/out an mpeg decoder card. They were right, but the DVD software they had written wasn't up to the task. They have since lost a class action suit on this point.

    Before the update to the DVD player was released, I found that I could get DVDs to play back properly (no more sound-going-out-of-sync) if I first made a disk image of the DVD then mounted it. Opening the Apple DVD Player software allowed me to play the "fake" dvd flawlessly.

    I think this was fair use, but it does show how someone could pirate DVDs w/out using DeCSS. A simple copy works. This would not make much sense for piracy since used DVDs are cheaper than the HD space they take up.

    --


    t'nera semordnilap
    1. Re:It's NOT hard to copy DVDs w/out DeCSS by steve_bryan · · Score: 2, Interesting

      >used DVDs are cheaper than the HD space they take up

      Have you seen current hard disk prices? You don't need extraordinary shopping skills to get a price of no more than $1 per gigabyte. A used DVD for $10 would be a good price. Guess how much space that DVD probably takes on your hard drive. I bet it is something like 7 or 8 gigabytes so about $8.

      Now bear in mind that often when people claim exponential growth they really just mean really fast growth. But the amount of hard drive storage you can buy for a fixed amount of money really has grown exponentially. So in about 2 years you can expect that DVD to fit in less than $1 worth of hard drive space. Houston, we do have a problem.

    2. Re:It's NOT hard to copy DVDs w/out DeCSS by Sanction · · Score: 1

      Man, I don't want to live in your town. $10 for a used DVD is a _good_ price? Most places I shop, I can get new ones for that, of recent releases too.

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    3. Re:It's NOT hard to copy DVDs w/out DeCSS by steve_bryan · · Score: 1

      I was going to be more harsh but you are probably just not paying sufficient attention before you post. Yes, I just purchased "All That Jazz" for less than $11 and it was new, not used. While used prices don't seem to go much below $10, that IS NOT the point. Recall I mentioned that hard drive capacity at fixed cost is growing exponentially. So it does not matter what magical kingdom you live in, there will be a time soon (since the suggested retail price has already been beaten) when the hard drive space will cost less and it is moving relentlessly toward zero!

      So your observation is pointless and only tends to imply your lack of a clue. If you had a good reason why this growth will diminish that might be relevant. But last I heard there are another two orders of magnitude density increases that researchers are already certain of achieving in the commercial market.

      Did you read the whole post this time and understand what it says? We are all very impressed that you live in such an ideal place and are such a brilliant shopper. So what?

    4. Re:It's NOT hard to copy DVDs w/out DeCSS by Sanction · · Score: 1

      Did you also notice that as storage space becomes cheaper, there tend to appear newer media formats that require more space to store? By the time the disk space approaches zero for DVD's, some new format will have come along that requires a much larger amount of space to store, even with a lossy format.

      The other factor is how much time and hassle is it worth to copy a DVD, when at $10 it is far easier for most to just buy the thing and not have to worry about the major hassle of trying to view beautiful movies on a PC, which is usually not very adequate to the task. For $10 you get a permanent format with multiple disks, usable on much higher quality home AV hardware, with almost zero effort. Why bother with ripping it?

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    5. Re:It's NOT hard to copy DVDs w/out DeCSS by steve_bryan · · Score: 1

      Sure, not only have I noticed it, I record using it on a regular basis. It is called HDTV and it consumes about 9 gigabytes per hour. It is unmistakably superior to DVD and there is a great deal of equipment being designed and sold that make it that much more valuable. It requires about two to three times as much space which puts it about a year behind DVD encoded material on the hard disk price curve.

      I wouldn't want anyone to confuse my observation for my own preference. I like buying and having the DVD's. When it is inexpensive enough (it is not today), I might also enjoy having all my DVD's online making it easier to search and play any video I own without the annoyance of searching through my collection, waiting through the FBI threat screens, long and pointless unskippable intros before you get to the first menu, not to mention discs that stop working because of repeated use. Viewing from anywhere in the house over local ethernet on a computer, using a media browser set top box, with a wirelessly accessed laptop anywhere close would also be a plus.

      Much as I might like that online scenario, I don't see how the entertainment industry will be able to coexist with computers that can store their product for almost nothing. If the pressure is not enough any specific year just wait a few and it will be. When the death throes of the RIAA are discussed it is usually in the context of P2P networks or MP3 compression. But those are just secondary forces compared to the all consuming hard disk drive. Cost per CD? About 50 cents and dropping quickly.

  147. What's next, SAMBA? by Anonymous Coward · · Score: 0

    SMB was never meant to be made public... The same logic could be used by MS to squish SAMBA then.

    This is BULL!

  148. US Gets Own "Official Secrets Act"... by HTH+NE1 · · Score: 1

    ...through the corporate property law backdoor, and everyone in the US (and soon the world, assuredly) is an implied signatory.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  149. Re:Mod Parent Down by Anonymous Coward · · Score: 0

    Never been to Mecca, have you?

  150. Does this mean..... by 3seas · · Score: 1

    That we can now legally view our legally purchased DVDs on a linux GPL pure box now?

    If not then where is consumer choice?

  151. Argh, cluless idiots by retro128 · · Score: 1

    They also say that 'the state Supreme Court ruled that property and trade secrets rights outranked free speech rights in this case.'"

    Jesus, we might as well staple our mouths shut now. Just what can one say or do that CAN'T be construed as some kind of IP violation these days?

    --
    -R
  152. California Supreme Cout Decision & Commentary by David+Hume · · Score: 3, Interesting

    The opinion says that this is a narrow decision.


    You can read the PDF version of the California Supreme Court decision at: DVD Copy Control Association, Inc. v. Andrew Bunner.

    The opinion is neatly summarized in its first paragraph:

    "Today we resolve an apparent conflict between California's trade secret law (Civ. Code, [sec.] 3426 et seq.) and the free speech clauses of the United States and
    California Constitutions. In this case, a Web site operator posted trade secrets owned by another on his Internet Web site despite knowing or having reason to know that the secrets were acquired by improper means. The trial court found that the operator misappropriated these trade secrets in violation of section 3426.1 and issued a preliminary injunction pursuant to section 3426.2, subdivision (a), prohibiting the operator from disclosing these secrets. Accepting as true the trial court's findings, we now consider whether this preliminary injunction violates the First Amendment of the United States Constitution and article I, section 2, subdivision (a) of the California Constitution. We conclude it does not."


    Prof. Eugene Volokh of UCLA Law Schooland the Volokh Conspiracy has some comments.

  153. Breach of DCMA? by Anonymous Coward · · Score: 0

    Even though you post the decryption code, would I be in violation of the DCMA for decyphering something that's been deliberately encoded?

  154. Coca Cola? by kavau · · Score: 1
    Would the exact ingredients of Coke be considered a trade secret? It's certainly a secret, but is it a "trade secret" in the technical sense? Now, if I analyze Coca Cola in a mass spectrometer (there may be some difficulties, but let's just pretend there aren't any), would I be allowed to publish the results on my website?

    I know Coca Cola and DVDs are entirely different things. But the process of reverse engineering seems to be quite similar to the process of chemical analysis, on a superficial level. Sometimes we can get more insight from every-day life comparisons...

  155. Re:All DVD piracy to stop! news at 11! by WNight · · Score: 1

    As that kid himself said, he didn't write the code. Friends of his did (perhaps from a hacking group) and he volunteered to release it, because he was under 18 and living outside of the USA.

  156. Post DECSS on Freenet by Famatra · · Score: 1

    Simply post DECSS info / program on Freenet. If the courts will not uphold the first amendment then p2p anonymous technology will.

    Freenet P2P is GPL open source and you can download it at:

    http://freenet.sourceforge.net/

  157. This is bad....REALLY REALLY bad! by knautilus316 · · Score: 1

    I am THOROUGLY apalled at this ruling. The judge actually said that industry "trade secrets" overrule free speech. This is a direct circumvention of the First Amendment, and the legel panel responsible should face legal consequences for violating their oath to uphold the United States Constitution.

    Judges do not have the ability to determine that something is more important than a Constitutional Amendment, but it seems to me that this is exactly what they've done.

    What's next? Are they going to take all firearms away from civilians because they *might* be used to commit a crime?

    I for one downloaded DeCSS to my hard drive just because of this ruling.

    ~Knautilus

  158. So what about Coca Cola? by 2toise · · Score: 1

    If the Coke recipt is not a patent, but a trade secret, what would happen if I reverse engineered a can of coke, and got the ingredients, then published them?
    Is that legal?
    Why? / Why not?

  159. Contract Broken, CSS Key Should Be Public Domain by HopeOS · · Score: 1

    You make a reasonable point in that the key itself is simply a number. That brings us to the second point. Does the MPAA have the right to prevent its secret number from being publicly distributed? That above all else, I believe, is the real question. Is this any different than posting someone's bank account number with instructions for anonymously raiding the account? I think there are ample reasons why this is not the case.

    1. The number is available in all DVD hardware and software. It is not secret, merely difficult to obtain.

    2. Without the number, DVD owners cannot view their lawfully purchased DVD. Access to this number is implicit with the purchase of the DVD. Otherwise, they have not purchased a copy of the movie, they have purchased a piece of plastic.

    3. When technology moves on and the last DVD player dies, all these pieces of plastic will be worthless, useless, and their contents lost, without this key. It stands to reason that the public good requires that custody of the key belongs with the DVD owners, not the MPAA.

    4. At its root, copyright is a social contract between the public and the content creator. This right is limited solely to replication of content, not its use. As CSS has no capacity to limit replication, and substantially impedes use, it is my opinion that the MPAA has violated the social contract. To remedy these damages, the MPAA must relinquish all rights to the CSS key.

    -Hope

  160. Property Rights by jefu · · Score: 1
    Property rights are broadly covered by the fifth amendment to the constitution when it states "nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

    Unless you count asset forfeiture. Which has developed into a very nice way for the local "law enforcement folks" to deprived someone of any of their property with essentially no due process , no right of appeal and generally no rights for much of anything. But then its only applied to those who are evidently (though not legally) icky and horrid in one way or another, so the notion of rights (which clearly should only belong to the nice and law abiding) doesn't apply.

    But what the hell, Scalia thinks all the lumpen proles have too many rights already. Maybe its time to change the constitution as so many would like it changed : "Nobody but me and my friends have any rights except as I want to bestow them."

  161. Re:Contract Broken, CSS Key Should Be Public Domai by ZenJabba1 · · Score: 1

    3. When technology moves on and the last DVD player dies, all these pieces of plastic will be worthless, useless, and their contents lost, without this key. It stands to reason that the public good requires that custody of the key belongs with the DVD owners, not the MPAA.

    You just created a brainspark for me... This is one of the reasons the *AA's want these kinds of laws. When CD's and DVD's move on, they want to be able to reissue all there copyright material into the new format, rather than have up "copy" it yourself.

    If its purely digitial data, you will have no drop in quaility and you wont need to repurchase the goods again and reprive them of the funds to keep the lie going.

    --
    `find / -name "*your_base*" -exec chown us:us {} \;`
  162. mmmm by CdnShaggy · · Score: 1

    I understand the emotions that are behind this .. But what is the difference between someone posting the DECCSS and posting the recipe for CocaCola ?? I dont understand how anyone can think this to be free speech ?

  163. Rights and not rights until... by tgraupmann · · Score: 1

    The rights of the individual should be upheld above the rights of any business or corporation.

  164. Haven't you heard by Archfeld · · Score: 3, Insightful

    The US only pays attention to national borders when it is ours. Otherwise even if what you do is legal where you are, if it violates our laws we will try and enforce it....Makes me sad to be an American sometimes. I just love how we can prosecute foriegn nationals for violating US laws outside the US, but deny them the inherent protection of the US system...
    Welcome to the United States of Hypocrisy, a subsidiary of King George Inc.
    "Looking out for their own interests at our expense since the day they were "elected" - Bush and company."

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re: Haven't you heard by Urkki · · Score: 1

      Time to read 1984 for those who haven't yet or have forgotten... Communism isn't the the only route to that kind of world...

  165. Well written article by nmos · · Score: 1

    How many times do we see stories where the author appears to have just stumbled out of bed and scralled a few un-researched paragraphs based on a headline appearing on the AP wires? This time around the author seems to have actually done a fair and ballanced TM job of reporting both sides of the issue. Nice going Business Week/CNET.

  166. Re:California Supreme Cout Decision & Commenta by arose · · Score: 1

    And how do you own "secrets" when said secrets aren't secret anymore?

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  167. Wrong basis by Todd+Knarr · · Score: 1

    The First Amendment isn't the right basis for defending against trade-secret cases, anyway. The right basis is straight contract law: that you haven't made any agreement with them to keep that information secret, nor received any consideration for doing so which would imply an agreement. At that point they have to prove that they protected their trade secrets from disclosure or produce an NDA with your signature on it, which is a harder job for them.

  168. Re:California Supreme Cout Decision & Commenta by aaza · · Score: 1
    Of all the different kinds of "intellectual property", trade secret is the hardest to protect. The only protection that it really has is an NDA. If it can be reverse engineered (as the DeCSS was), it is no longer secret. There is no recourse for the company/group involved - the person who released the code did not violate an NDA (which is contract law, anyway, not criminal).

    Oh, except for that stupid anti-reverse-engineering-clause in the DMCA.

    IANAL, YMMV (in your country - check local laws), HAND, yada yada.

    --
    In theory there is no difference between theory and practice.
    In practice, however, there is.
  169. reply to a sig. by wadiwood · · Score: 1

    on topic: next they'll try to ban product reviews because they interfere with trade.

    response to a sig (afterall this is slashdot)

    You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    "while" and "whilst:"

    "while" can be used as a conjunction or a noun or a verb.

    "whilst" only works as a conjunction.

    Eg:

    I will do that in a little while
    (ok)
    I will do that in a little whilst
    (using conjuction where a noun should be)

    but using both as a conjunction:

    I'll submit an article while you write a reply
    or
    I'll submit an article whilst you write a reply
    both work because the "while" and "whilst" are both being used as conjunction.

    In a little while, while you get pedantic, I'll while away some time reading the dictionary.
    "whilst" and "whiles" are older forms of the language than "while" and "while". How much I use "whilst" usually depends on what novels I've been reading recently. I fret that I wouldst utter curious phrases like "we must away ere the break of day".
    And I'll stop calling you a pretentious kookaburra. (or is that donkey?)

    --

    -- it must be true, it's on the internet.
  170. Hardly... by Anonymous Coward · · Score: 0

    How long would you sit by and let me post your CC and SS number on line?

    I can hear the screaming starting already. Free speech for everyone except when it annoys me...

    The 1st amendment (in case you haven't read it recently) does not even come close to allowing anyone to say anything at any time any where. Far /far/ from it.

    Go peddle crazy elsewhere.

    1. Re:Hardly... by knautilus316 · · Score: 1

      The First Amendment says that the government doesn't have the authority to gag you....THAT'S IT! It's your right to protest, to picket, and denounce government actions.

      It has ABSOLUTELY NOTHING to do with software written independently, and licensed under the GPL.

      Don't tell me to go read the Constitution when you're the one screwing it up.

      ~Knautilus

  171. I call bullshit by PotatoHead · · Score: 1

    I hear what you are saying, but it does not completely add up.

    I don't do divx. I do however watch DVD movies with Ogle and DeCSS. (Or some derivitive of it.) It is wrong to catagorize decss as evil just because it can be used to do evil things. (Evil in the context of the MPAA BTW --I could care less about divx ;)

    The current situation sucks.

    I purchase DVD media, player, computer and obtain player software, but I must break the law to actually just view the media on my machine because I choose to run an open OS.

    This is just silly.

    You know, I setup that machine to be a smartass. Downloaded Ogle, did the decss thing and, in general, setup a very nice bedroom movie player. Thought I would see what all the buzz was about. Well, Guess what?

    That machine happens to be better than all the other players I own combined! I can skip the FBI crap, previews, and other long segments on just about every movie with zero problems. Seek times, menu-navigation and other things work well and in a simple way. On Linux of all things!

    I find it disgusting that, here in the land of the free, a paying DVD customer must deal with all the restrictions. It's an insult at the very least! Ask my family after using Ogle for a while. They ask why they cannot fast forward to the good parts! I get to tell them they are not trusted and be reminded how they could be criminals each and everytime they choose to watch a movie.

    DeCss has actually increased the use value of my DVD collection because it does not force me to bother with all the crap that makes it a waste of time.

    It is not about people making copies. This very clearly is about control and how they manage our lack of it!

    Enough of a rant. Just don't see your point of view. Not everybody wants to just rip/encode/share everything they get their hands on. Plenty of people just want to be treated like an adult when they spend their money.

    Having to watch that damn FBI segment every last time I watch a DVD makes me want to setup the pirate equipment just so I can encode my collection minus that particular stream. Having gone through the work of such an encode share it? Damn right! because nobody should be treated the way DVD viewers are today.

    Decss actually prevents piracy in my situation (heh, heh)

    1. Re:I call bullshit by kiltedtaco · · Score: 1

      Once more I find myself having to clarify that I never inteded to say that DeCSS has no ledgitimate use, I just wanted to say that DeCSS does have illedgitimate uses, and that most people seem to deny that those illedgitimate uses exist.

      I agree i'm against the MPAA and all this, but I think it's important to make the right arguments against the MPAA and not make arguments that are just as ignorant of the real world as the MPAA's arguments.

  172. Not consistent with EFF's news by dumky · · Score: 5, Interesting

    IANAL and my english isn't that great sometimes, but EFF's release concerning this doesn't match BuisnessWeek's, from what I can tell.

    Check out EFF's release: California Supreme Court Upholds Free Speech in DVD Case.

    I am misunderstanding it?

  173. Very natural reaction.... by Kjella · · Score: 1

    (...) I have known many friends who felt very torn whether to buy an album by an artist they liked-- if they buy it, they are lining the pockets of an industry they felt betrayed by, but they still wanted to support their artists.

    That's a very natural reaction from a fan, that has an interest in the band and probably would have bought the album anyway, and where Napster served like a "preview" service. The problem are those that would set their internet connection on download, and stop buying albums because now they get them for free.

    It's as if they outlawed the crowbar, because 95% of the time it was used to break into houses, while you used it only for legal purposes. Of course you're frustrated that they take away a useful tool from you.

    Killing Napster is very much like the CD copy protection. It pisses off your customers, and the warez version with no CD check comes out almost instantly. Hell, I use those myself on legal copies so I don't have to look for the damn CD.

    On the other hand, it's not enough for me to boycot them. I buy the games I like, the music I like and the movies I like. If they got SecuRom, CSS or whatever, as long as I manage to do what I want with them. Sure it sounds very resigned, but a slashdot crowd boycot of DVDs doesn't mean that CSS would disappear - only the DVD movies we'd like to watch, because they don't sell. And I've never had a survey ask me why I don't buy more DVD movies, so I doubt they'd even know about it.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  174. History is being written by jwr · · Score: 3

    It is interesting to observe what is currently happening in the US. I'm sure this period will be thoroughly covered in future history books. Witness the Americans passively giving up all they have been fighting for and all they praise as dear to their country. Witness the vanishing of freedom and privacy, the death of independent media, and -- most worrying of all -- death of public opinion, which just blindly listens to the media and the current administration.

    The net effect of all this is that the average citizen will not oppose his rights being trampled, will not mind his privacy being gone, and will support going to war against anyone, given sufficient amount of convincing by administration officials.

    Wake up, Americans!

  175. I fail to see what the big deal this... screw em by shaitand · · Score: 1

    This only affects people in california. It was the california state supreme court. Doesn't affect ISP's here in IL that actually matter.

  176. Re:Mod Parent Down by Anonymous Coward · · Score: 2, Informative

    Rubbish. It's an amusing stereotoype but bares no resemblance to reality. People do preach Christianity in Mecca and survive just fine. The original joke may have been funny or not, but trying to pass it off as truth is unconscionable.

    Not according to the Saudi Embassy:

    "Forbidden items include alcohol, narcotics, weapons, ammunition, pork and pornography. Prescription drugs must be documented. Makkah and Madinah hold special religious significance and only persons of the Islamic faith are allowed entry."

  177. nuts by Anonymous Coward · · Score: 0

    downtown newark and new york city people with bullhorns say allah is great, whites are devils with no souls, on and on , religion, mystisism, and nonsense. And selling books with the same nonsense and more (that the Earth's center is hollow says one black muslim book)

    I live here, I talk to these nuts, they're harmless.

  178. Re:they should use their rights to protect adequat by CdnShaggy · · Score: 1

    So, the fact that the IceCream Makers, make their quart of ice cream for less then a dollar, and ship it to you and you pay 4$.. Or the coffee places that make 100X on the cost ? I dont see anyone getting upset over that ?

  179. Does contract law override statutory law? by Hamster+Lover · · Score: 1

    That is the question that springs to my mind regarding licence agreements.

    What if your toaster contained a EULA that modified the warranty terms from state law, or you had no warranty, or that any liability on the part of the manufacturer was null and void, or that you could not disclose any critisisms of the toaster's operation to others?

    Does contract law supercede state or federal law? If so, what are the circumstances? What constitutes an enforcable contract? Can you ignore the terms of a license agreement? Courts need to address these issues before the entanglement of technology and society can move forward.

    I have heard in Canada you cannot sign away your statutory rights, they are after all, the law. I recall one particular case involving a local ski hill that claimed the liability waiver you sign before skiing absolved them of whatever liability they may incur. The judge disagreed noting that courts are the arbiters of the law, not the ski hill, and that liability was laid out by statute and could not be removed by signing a waiver.

    What do I know, IANAL, I just play one on TV.

  180. Isn't a trade secret no longer a trade secret... by DigitalReligion · · Score: 1

    ...if the party who reverse engineers it comes to find the "trade secret" on their own?


    Otherwise there should be a database of trade secrets so people dont infringe on them unknowningly :|

  181. And if you can't give, TELL. by The+Revolutionary · · Score: 1

    Some of us can't aford to give. And others of us just don't want to buy into the big-money game. And if you do or do not, a corresponding grass roots campaign down at the level of the people is essential.

    Tell your co-workers, family, friends, and people you run into what these monied interests are doing to our nation, to our world, and to our future.

    They will listen. These are not difficult concepts to get across. There exist laws which prevent common citizens from doing what intuitively they believe they ought to be able to do. These laws exist for the benefit of corporate profits, laws bought with this very money.

    Unless your father is Dick Cheney himself, even he will understand the simple notion of a law which just seems wrong to ordinary folk.

    Do you know what we need? What we need are little printable cards, maybe business-card size or slightly larger, that we can keep in our back pocket and hand out to people, listing the injustices or present "intellectual property" law.

    We need a list of some bold facts of simple, incredibly simple, things that just seem wrong, and are wrong.

    It also needs to contain a website to go to for further information.

    Ideally this website will contain links to specific cases, templates for the cards to print out, congress-people links, quotes from sold-out congress-people, and a philosophy section.

    And no, I do not trust the EFF on this, not after the interview of one of the board members here. He does not represent my interests.

    1. Re:And if you can't give, TELL. by The+Revolutionary · · Score: 1

      ?

      Because I'm a zealot.

      To compromise is to fail.

      Are you happy now?

  182. Re:All DVD piracy to stop! news at 11! by mibus · · Score: 1

    I doubt there would be quite so many divx movies on kazaa etc. if it weren't for DeCSS.

    I love it, myself, and use it regularly to watch DVDs on my Linux and OSX computers. (Apple's DVD player won't play outside of my region, VLC will).

    But yes, it has had bad side effects. I just happen to think it's more important that it's free :-)

  183. It's not about Linux, you ninnies! by Cid+Highwind · · Score: 5, Interesting

    This case is about the source code to decss.exe in specific, not about open-source CSS decoders in general. DeCSS is *not* what lets you watch DVDs in Linux. That's done by libdvdread and libdvdcss, which (so far) have not been sued, harassed, or even mentioned by the big bad MPAA! DeCSS is a *Windows-only* utility that decrypts DVD images copied to a hard drive. That might be fair use, but it's certainly not a DVD player for Linux.

    So go on, expend all your political energy whining about DeCSS and your God-given right to watch DVDs on your Linux box, and ignore Ashcroft, the TIA, the PATRIOT act, and a hundred DMCA cases you've never heard of that are the real threats to your freedom.

    Flame away, I'll be watching The Two Towers DVD with xine on my Gentoo box...

    --
    0 1 - just my two bits
    1. Re:It's not about Linux, you ninnies! by TheLinuxSRC · · Score: 1

      I am a bit confused. I had thought that DeCSS used an encryption key that was pulled from the firmware of a dvd player. i.e. the author used a key (he extracted) that was not encrypted in the firmware of a particular dvd-player by the player's manufacturer.

      OTOH libdvdcss cracks the encryption without using a (trade secret?) licensed key....

      In the first case, a trade secret might have been exposed. In the second, good 'ol fashioned ingenuity took place.

      Please correct me if I am wrong.

    2. Re:It's not about Linux, you ninnies! by Cid+Highwind · · Score: 1

      I believe you're right. IIRC after the first key was exposed, everyone realized how weak the encryption was and that they could crack the other keys easily.

      --
      0 1 - just my two bits
  184. Re:The solution - host a fake file by Anonymous Coward · · Score: 0

    I always put a fake "RIAA/MPAA Sucks" DECSS text file on all the webservers. Help waste their time.

  185. Software is invention more than it is expression by bacchusrx · · Score: 2, Interesting

    It has always perplexed me how software came to fall under the protection of copyright. It starts with the idea that software is "expression" (not "invention") and should be protected as such.

    I mean, I can understand why companies would want such a thing: if software were protected by patent only -- and, provided software patents weren't granted so irresponsibly (i.e. a patent souldn't cover abstract or nonnovel concepts, mathematical formula, etc. but only actual, specific implementations of novel concepts) -- well,

    1. the source code for all software would be available for public scrutiny, and
    2. the right to restrict the use of your software would be limited, and would expire after 20-some years, rather than exist in perpetuity.

    So, I can understand why it's a "better deal" for software companies that code falls under the rules of copyright rather than those of patents. Still, software has much more in common with patentable inventions than it has with, I don't know, Hamlet or Starry Night or Finnegans Wake.

    Yes, sometimes some code is exclusively the expression of an idea--Hello World examples in text books, for instance, Touretzky's DeCSS Gallery, etc. And, yes, I buy the concept that software is to varying extents both functional and expressive. Most of the time, however, software is no different than a recipe. Recipes are also dual use -- arguably more expressive than code is functional -- but a recipe still doesn't necessarily get the protection of copyright law.

    Copyright, after all, was devised to encourage the spread of intangible ideas, art, research, press. Patents, likewise, were devised to encourage invention, technology, science.

    Now, I admit, I'm a socialist bastard and I reject property outright. But it seems to me, even on "social democratic" grounds, that software copyrights are contrary to the intent of copyright and that software ought to be protected, if at all, under a different system of law.

    I know Slashdot hates software patents, but, in all honesty, software patents are a deal more sane than software copyright, if software went through the same scrutiny as other inventions. Patents are limited in both time and scope. Patents apply to specific implementations, only. Patents are "public domain" (i.e. on the public record for the benefit fo the public). Patent rights don't prevent tinkering and they don't prevent people from dreaming up new ideas based on what they've seen.

    If software were protected by a sane system of patents, I very much doubt the GPL would have come to pass at all because most of the things it seeks to protect would be the case for all software.

    Of course, when we speak of "protection" we're talking about two different things: the right to control one's creation and the right to create it in the first place. Slashdot likes "software is expression" because it protects the latter, but, I think we're ultimately shooting ourselves in the foot due to the overzealousness of protections for the former. Protecting the right to reverse engineer, tinker, experiment, and so on, needn't come at the burden of unreasonable rights of control.

    bacchusrx.

    --
    Life after capitalism? The participatory economics project
  186. HEY! by ShadowRage · · Score: 1

    I have a great idea how to fix all of this, why dont we all just shoot ourselves? becuase we're evil badguys and not needed for any of these companies' profits, their money comes from magical wells from lollypop lane! in seriousness, these people have forgotten who they're serving. we're not serving them, now they're pissed because we dare find alternatives or serve ourselves, so they bitch to the government to make it legal to enslave us. Oh well, I guess I'll go find some little island somewhere. I'm just plain tired of this constant crap that we kep getting fed, like I've said so many times.. just wait for the systems to trip over each other and keep a ammunition on hand when hell breaks loose. The people who serve us now feel that they are the people in power and feel that they can fuck us around, well, when people get pissed and not support them by not buying anything. they're quickly remember who they really are and will kiss ass again. this DeCSS stuff is an example of how greed controls the fate of the human race, we need to abolish greed, but before that happens, greed must take its course and do its damage, though its damage could mean the end of us all. however, people will survive and find new ways not to centralize the world around the almighty dollar and do things for others out of the reason for keeping the human race alive, because in the end, money has no real power, except social status.

  187. How to eliminate the problem by The+Revolutionary · · Score: 1

    Until we have nothing left but locked down hardware which self-destructs in response to attempts to study it, distributors can not stop prevent the willing from liberating the information.

    Until neighbors are paid off to report neighbors, brothers to report brothers, distributors can not prevent the willing from liberating the information.

    Sharing this information over p2p networks I believe is too dangerous. It is far too easy for you to be found, and sentenced to have your future destroyed, without you having accomplished anything. It is too impersonal. To many people, you are just an IP address.

    What is far more dangerous to the existing "intellectual property" regime is the in person swapping of the physical media. When you go over to your neighbor's house or apartment for an evening to watch a movie, what if you were to bring copies of the latest DVDs you have bought? Maybe you'll watch one or two of them. What if when you are heading home you say, "Oh, just go ahead and keep them." Who is going to turn your offer down? It's just like being offered money or a gift. They will take it if for no other reason than that they don't want to offend you or seem unfriendly.

    It is the widespread practicing of this very personal form of infringement which will spell the end of the corporate "intellectual property" regime.

    Because unlike electronic copying, when you look your friend or your neighbor in the face, who has just given you a gift as a fellow person and as a friend and a neighbor, they can not then look at you and say, "Communist!", or "Theif!".

    It is against their every intuition to do so, because you aren't just an IP address in a newspaper or court brief. You are their friend and their neighbor in the flesh.

    I think that this would have significantly more intuitive appeal to people than the current issues which often seem to focus on electronic sharing.

    Or maybe it's just a matter of waiting 20 years until we have middle aged people who have known p2p swapping all of their lives.

  188. Re:Software is invention more than it is expressio by jcsehak · · Score: 1

    Thank you. You put it much better than I did.

    --

    c-hack.com |
  189. Damn Straight by Mark_MF-WN · · Score: 1

    I've been boycotting the music industry for a 6 months now (although I haven't bought an album in years). Besides, every time I buy a blank CD, I'm subsidizing the RIAA (welcome to Canada -- we'll see your crazy laws and raise you a ridiculous levy :P ). I've essentially payed for music I download anyway. So screw them.

    I can't believe that governments don't care that the MPAA is cementing the Microsoft monopoly. It just proves that western politicians have lost their balls. Thank goodness for DeCSS.

  190. In other news by Mark_MF-WN · · Score: 1

    There has been a rash of illegal organ thefts. Numerous American lawmakers were discovered to be missing their testicles.

    There was also a disturbing incident in which the American constitution was passed around as toilet paper by MPAA members.

  191. After the PGP ruling... by sn00ker · · Score: 1

    I find it deeply, deeply disturbing that corporate greed can find more sympathy with judges than "national security".
    Not that I ever thought that PGP should be restricted, either in source or in binary, but, fuck, national security should be a much bigger hammer with which to thump software than unadulterated money-grubbing.

    --
    "God, root, what is difference?" - Pitr, userfriendly
  192. Your order seems backwards by dachshund · · Score: 1
    You are correct, they are not guaranteed by an amednment, but in the original text.

    Hmm. I always thought that the purpose of an amendment was to modify/override what was there before. To give an unrelated example: Article I dictates that the state legislatures choose senators, however we actually follow the text of Amendment 17, which requires popular election of Senators. Given this order of precedence, why shouldn't the First Amendment be considered to take priority over the text of Article I?

    Admittedly, the fact that the Bill of Rights was ratified at the same time as the rest of the Constitution makes this rather tricky. Still, saying that Article I "is in the original text" seems to imply that it's actually less important.

    1. Re:Your order seems backwards by toxic666 · · Score: 2, Informative

      The actual facts are that the Constitution was ratified on June 21, 1788 and the Bill of Rights were ratified on December 15, 1791. Amendments may modify the text of the Constitution and / or be additions to it.

      The Bill of Rights enumerates specific rights not defined in the original 1787 Constitution and are additions. They modify neither articles, sections nor clauses of the Constitution.

      The 17th Amendment modifies (actually, supercedes) the text of Article I, section 3 of the Constitution. As an Amendment, it has precedence over the text of the original document.

      Amendments may also modify other Amendments. The 18th Amendment allowed for laws to prohibit the manufacture, sale, transportation, importation and exportation of intoxicating liquors. That one was so big a failure it was specifically repealed by the 21st Amendment.

  193. Bad call by dachshund · · Score: 1
    It's not just a number, it's a functional password that makes the difference between describing a working or non-working system for decoding DVDs. Would you consider this password more worthy of protection if it was the words "Open Sesame" rather than a string of bits?

    To extrapolate your argument, you're suggesting that the mathematical formula E=MC^2 can be protected, but the actual value of the speed of light (C) can't, thus rendering the entire formula meaningless. For no better reason than that you don't like numbers.

  194. Re:All DVD piracy to stop! news at 11! by Anonymous Coward · · Score: 0

    Despite pussy opinion, everything is funny to joke about. Rape, murder, paraplegia, George W Bush - all of these horrible things can make for some excellent jokes, in the right contexts.

    So grow a fucking spine, suck it up, and accept that other people will find things funny even if you don't.

  195. please mod down.. by darqchild · · Score: 1

    that's just mean..

    --
    What? Me? Worry?
  196. Re:Dear California Supreme Court: +1,FairAndBalanc by Anonymous Coward · · Score: 1, Interesting

    How on earth did that get past the lameness filter?

  197. Except that... by Penguin2212 · · Score: 1

    Except that DeCess wasn't exactly intended to be used for illegally copying DVD's.

  198. Well Print Screen... by tonedevil · · Score: 1

    can be used to pirate pictures from internet sites.

  199. Analysis by Rogerborg · · Score: 1

    Congress shall make no law [...] abridging the freedom of speech

    Now, this is clearly very difficult for our Congresscritters and judges to comprehend, so I'm going to break it down to make it easier for them to understand.

    Congress. Shall. Make. No. Law. Abridging. The. Freedom. Of. Speech.

    I'm not sure where the confusion is coming from.

    --
    If you were blocking sigs, you wouldn't have to read this.
  200. Re:Dear California Supreme Court: +1,FairAndBalanc by Anonymous Coward · · Score: 0

    Your IP has been logged. Please wait for the SWAT team to arrest you.

  201. 2600 Lawsuit... by taernim · · Score: 1

    Is it just me, or does this sound very similar to what happened to 2600 Magazine??

    --
    "PC Load Letter? What the $@#% does that mean?!"
  202. You can even buy it from lindows.com by G�tz · · Score: 1
    It doesn't matter. The DeCSS code is everywhere now.
    You can even buy the Lindows DVD Player, which is a modified Xine containing libdvdcss. They advertise that it was licensed by the DVD consortium. So how can decss be illegal if it was even blessed by an official license?
    1. Re:You can even buy it from lindows.com by Anonymous Coward · · Score: 0
      So how can decss be illegal if it was even blessed by an official license?
      The same way LAME is still illegal for you to use even if I pay the MPEG patent licencing fees.
    2. Re:You can even buy it from lindows.com by G�tz · · Score: 1
      There's a difference: libdvdcss cracks the CSS enrcryption and allows you to do everything the normal DVD player cannot do like skipping the FBI warning or copying everything to the HD.

      As libdvdcss is GPL software, it cannot comply to this requirement from the DVD forum:

      The first step for obtaining the Format Book is to sign a Non Disclosure Agreement with the DVD FLLC. Under the NDA, Company is prohibited from disclosing any technical information, trade secret and know-how in the Format Book, because the knowledge contained in the Format Book is proprietary and confidential.

      This is not like MPEG audio layer 3, where you don't have a NDA.
  203. Publishing usually is a good idea by Anonymous Coward · · Score: 1, Interesting

    Has anyone managed to publish this code as a book with an ISBN number printed in an OCR friendly font yet?

    Also last I checked, the code will always be available without needing to reverse engineer it since it has been submitted as evidence in the Jon Johansen case.

  204. there is one BIG problem with this statement by OeLeWaPpErKe · · Score: 1

    You don't need decss to copy dvd's if you have a dvd writer (or some patience, or use a dvd imaging tool, or ...).

    In fact I know someone who's bought a dvd writer for this purpose.

    This brings the reason for DeCSS's existance back to a single one, to view dvds on linux. You no longer need it for copying.

    The united corporations of America will hopefully soom make the new law official. You can't do anything without checking with the 500 richest people first.

  205. Xtianity in Mecca by Anonymous Coward · · Score: 0

    Actually, nutsack, there are plenty of Christians and even Jews openly living and worshipping in Mecca, just as in Iraq where Christians held top government positions.

    Fact is, Bush's U.S. is well on it's way to being less free than these places you only know about through vague propaganda.

  206. Sooo... by supe · · Score: 1

    Host it on a FTP site!

  207. A serious question... by Anonymous Coward · · Score: 0

    Does a boycott matter? I haven't bought a DVD player because it is DRM by definition (it will play movies only through use of a decrypter) and it lacks the functionality - recording - of my good old VCR.

    And I know scores of people who still do the VCR thing, for whatever reason. The local video stores are stocked about 50-50 between DVDs and VHS tapes.

    And yet ... DVD players have been said to be one of if not THE fastest growing consumer products ever.

    At what level of adoption, or more accurately, non-adoption, is there an economic incentive for the DVD cartel to change its DRM practices? What if DVD players are adopted very quickly shooting up to 50% of the audience -- and then just stops there, because of inertia by the buying public, or active resistance to the consumer-unfriendly DVD DRM concept, or whatever.

    In other words, does a boycott matter? Even if 50% of us say, "screw DVDs, we're not going to use them until they remove the DRM and make them more easily recordable and consumer-friendly", will the 50% that have already adopted, and their occasional re-purchases of newer models, be enough to satisfy the DVD cartel?

    On the one hand, the immediate answer would seem to be, of course-not. Look at how greedy the MPAA and RIAA etc. are and how they want to squeeze blood from a stone. They won't be satisfied until there is 100% adoption of DVDs, and as such if they run into the immovable mass of people who won't downgrade from VCRs to DVDs then they will make DVDs better (i.e. more recordable).

    But is that true? Because such businesses have increasingly seemed willing to write off huge sectors of their audiences. Even the creation of DRM'd DVDs (again, all manufactured DVDs are DRM'd by default) was decidedly an anti-consumer move. The RIAA sues its consumers and doesn't care. The DVD cartel introduces a product with fewer features than VCRs and doesn't care.

    So, can they make "enough" money off of catering to the clueless 50% who buy DVD, ahem, ugh, "players", and say "screw you" to the other 50% who say "we're not gonna buy a drm'd product like DVD players".

    Do the economics work so they can just write off people like you and me who "refuse" to buy such anti-consumer products, and just ignore us?

    That seems to be what they're doing ALREADY, right?

    Nevertheless, keep resisting... I certainly am, too.

  208. where is the a.c.l.u. when you need them? by LifesABeach · · Score: 0

    the state Supreme Court ruled that property and trade secrets rights outranked free speech rights

    i can't help but think of the "bill of rights", and a minor law stating that state courts cannot make rulings that are against federal law.

    i can't help but wonder why this case has gone as far as it has. i'm thinking of the implications here, the rights of business over the rights of free-speech? something is not being mentioned here.?.?.?

  209. Re:Mod Parent Down by mfrank · · Score: 1

    I'm sure they're referring to the actual religious sites/mosques, not the whole cities.

    If a Pentecostal Christian started speaking in tongues and handling snakes in the nave of Notra Dame cathedral, they'd be told to leave too.

  210. Why... by AnalogDiehard · · Score: 1
    ...does the industry flout their first amendment rights when movie directors complain about third party DVD rental houses censoring subversive scenes from movies, when the pr0n industry justifies their existence on the first amendment, yet the courts decide that the injunction against DeCSS does not violate the first amendment?

    Hypocrites, these movie monguls are.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  211. Let's see... by Sphere1952 · · Score: 1

    The movie industry is in California. This decision is by the Calafornia Supreme court.

    There's no connection at all, right?

    --
    Big Brother Bush is doubleplus ungood.
  212. No comfort in "trade secrets" by twitter · · Score: 1
    What exactly makes a "trade secret"? Bullshit protectionism for large companies and nothing else. The US federal and state governments have sprung to the defense of the DVD consortioum's little encryption method. Do you think they would care if you or I were ripped of by the same company? I don't. An idividual who breaks his word to his employer and spews their secrets is liable for the damage, but you and I have no such obligations. If a big dumb company can't keep it's secrets but bets it's profitability on it, they deserve to be burnt. Free speech is a right because it's impossible and unnatural for a government to inhibit it. To even try is oppresive, morally wrong and stupid. In the end, just about any detail to make things work could be labled a trade secret and no one could tell anyone anything.

    I hope this makes it up to the supreme court becasue it's just pain bogus. If I figure out how to watch DVD's by my own research, I have every right to tell my neighbors about it.

    --

    Friends don't help friends install M$ junk.

  213. Caution! by 4of12 · · Score: 1

    Lemme help you out in your future legal drama. IANAL, BTW.

    Based on the court documents, be it hereby known by one and all, that

    Bunner M-d N8F8 posted these secrets in the form of DeCSS on the Internet NOT so Linux users could enjoy and use DVD's and so others could improve the functional capabilities of DeCSS. He DID not ^H^H^H post them to comment on any public issue or to participate in any public debate.

    [I'm just extracting this from Ed Felten's commentary.]

    --
    "Provided by the management for your protection."
  214. Ok, I buy that. by PotatoHead · · Score: 1

    Your post is somewhat confusing in this area, point well taken.

    I too want the arguments to be sound. Understanding this point is only half the battle though. Winning the PR war is the other half...

  215. Totally agree by Archfeld · · Score: 1

    and as far as that kind of world, a capitalistic 1984 would be much worse, when you could not contribute anymore you would be discarded as valueless, at least a communistic system deals with the people as a whole and not the potential $$$ value a person represents. I guess you'd always have some value...Soylent green is PEOPLE....

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  216. Re:California Supreme Cout Decision & Commenta by ethereal · · Score: 1

    The DVD CCA is trying to have it both ways - not patenting the information up front, but then relying on the government for IP protection after the cat's out of the bag. Their doctrine of some trade secrets being "unlawfully exposed" is contrary to the intent of the Constitution, even if it appears to have been somewhat supported by recent legal decisions.

    Trade secrets should have no standing for protection in court IMHO; if you want your ideas protected, you should have to patent or copyright them so that the public eventually receives some benefit from them. The perversion of trade secrets is requiring the government to defend trade secrets, with no eventual release into the public domain to pay for the costs of that defense. It's a corporate handout, pure and simple.

    --

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