DVD CCA Drops Case; DeCSS Not a Trade Secret

jon787 writes "EFF is reporting that the DVD CCA is dismissing its case against Andrew Bunner. He was being prosecuted under California's trade secret laws for redistributing DeCSS. This means that the DVD CCA has finally conceded that CSS is no longer a secret, something the rest of us have known for a few years now."

Comments

Full Press Release

[mpav]

Full Press release is available here.

Yeah...

[c0dedude]

I'd just like to take a minute to thank the EFF. You can help them by donating.

Re:Wait,

[kfg]

That's actually not a simple question which reading the article would fully resolve.

What it means is that the DVD CCA acknowledges that the keys and algorithm of CSS are no longer secret and thus have no protection under law as such.

In effect it means that said keys and algorithm can be published under certain circumstances without risk of action.

But that isn't exactly the same thing as saying that DeCSS is legal in the US.

KFG

Re:DMCA ?

[red floyd]

However, 17 USC 1201(f) explicity allows reverse engineering for interoperability:

(f) Reverse Engineering. -

(1)

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

(2)

Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.

(3)

The information acquired through the acts permitted under paragraph (1), and the means permitted under paragraph (2), may be made available to others if the person referred to in paragraph (1) or (2), as the case may be, provides such information or means solely for the purpose of enabling interoperability of an independently created computer program with other programs, and to the extent that doing so does not constitute infringement under this title or violate applicable law other than this section.

(4)

For purposes of this subsection, the term ''interoperability'' means the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged.