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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."

86 of 362 comments (clear)

  1. One down... by irving47 · · Score: 4, Funny

    SCO to go...

    --
    I had a sucky sig.
  2. DeCSS by (1337)+God · · Score: 5, Funny

    /* efdtt.c Author: Charles M. Hannum <root@ihack.net> */
    /* */
    /* Thanks to Phil Carmody <fatphil@asdf.org> for additional tweaks. */
    /* */
    /* DVD-logo shaped version by Alex Bowley <alex@hyperspeed.org> */
    /* */
    /* Usage is: cat title-key scrambled.vob | efdtt >clear.vob */

    #define m(i)(x[i]^s[i+84])<<

    unsigned char x[5] ,y,s[2048];main(
    n){for( read(0,x,5 );read(0,s ,n=2048
    ); write(1 ,s,n) )if(s
    [y=s [13]%8+20] /16%4 ==1 ){int
    i=m( 1)17 ^256 +m(0) 8,k =m(2)
    0,j= m(4) 17^ m(3) 9^k* 2-k%8
    ^8,a =0,c =26;for (s[y] -=16;
    --c;j *=2)a= a*2^i& 1,i=i /2^j&1
    <<24;for(j= 127; ++j<n;c=c>
    y)
    c

    +=y=i^i/8^i>>4^i>>12,
    i=i>>8^y<<17,a^=a>>14,y=a^a*8^a<<6,a=a
    &nbs p; >>8^y<<9,k=s[j],k ="7Wo~'G_\216"[k
    &7]+2^"cr3sfw6v;*k+>/n."[k>>4]*2^k*257/
    &nbsp ; 8,s[j]=k^(k&k*2&34)*6^c+~y
    ;}}

    --

    Background: 28/M/Bi-Sexual; Owner of a Linux company; MBA Harvard 2003; B.S. Comp Sci MIT 2000
    1. Re:DeCSS by xargoon · · Score: 5, Funny

      Maybe they will sue them for abusing the DVD logo and trademark instead..

    2. Re:DeCSS by Aardpig · · Score: 4, Funny

      The fact that you can easily do ASCII art with C shows what a god-awful language it is. Nice program, though!

      --
      Tubal-Cain smokes the white owl.
    3. Re:DeCSS by Bullet-Dodger · · Score: 2, Funny
      The fact that you can easily do ASCII art with C shows what a god-awful language it is. Nice program, though!

      For your own sake, never ever use Perl.

    4. Re:DeCSS by shaitand · · Score: 4, Funny

      The difference is I bet the guys who put this out there INTENDED for it to be ASCII Art. With perl I write my app first and then go back to see what images I can find hidden within it.

  3. Full Press Release by mpav · · Score: 5, Informative

    Full Press release is available here.

  4. distro's by byrd77 · · Score: 5, Interesting

    so does this mean the varios linux distro's will be able to include a dvd player by default? could be a boon to wider acceptance on the desktop, especially at home

    --
    - Carpe diem, quam minimum credula postero.
    1. Re:distro's by ElGnomo · · Score: 2, Informative

      you can already play DVDs with mandrake 9.2. Dont remember the app's name though. Is this feture really missing in most distros?

    2. Re:distro's by Aardpig · · Score: 2, Informative

      IANAM, is there a mathematical term for the shape of a Pringle?

      Yes, it's a saddle point, specifically one for which d^2[f]/dx^2 and d^2[f]/dy^2 differ in sign, where the surface is described by z = f(x,y).

      --
      Tubal-Cain smokes the white owl.
    3. Re:distro's by Loki_1929 · · Score: 5, Funny

      " so does this mean the varios linux distro's will be able to include a dvd player by default?"

      Yep, as soon as we can find a DVD player in this damn spaghetti System V code.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    4. Re:distro's by gnuadam · · Score: 4, Informative

      As far as I understand it, they exist always under threat. Again, I might be mistaken, but I really think mpeg2 is patented.

      Ah, yes, yes it is patented.

      --
      You say :wq, I say ZZ. Why can't we all just get along?
    5. Re:distro's by mattdm · · Score: 2, Informative

      Errr, why? What form of intellectual property is holding it back? (Other than the mpeg2 issue mentioned elsewhere.) If it *was* a trade secret, it can't have been copyrighted. Trademark law doesn't seem applicable, and I haven't heard of any CSS patents....

    6. Re:distro's by asdfghjklqwertyuiop · · Score: 3, Insightful

      Probably not. CSS may not be a trade secret any longer, but there's also the problem that under the DMCA any open source DVD player could be considered a circumvention device and thus illegal.

      The DVD CCA and motion picture studios were separately suing (or threatening to sue) people over both issues: the trade secret and the redistribution of a circumvention device. I got a C&D letter about the later myself. 2600 magazine was sued on grounds of the later also. Unfortunately 2600 lost, and they lost on appeal too. But no circumvention case has gone to the supreme court yet.

    7. Re:distro's by Natalie's+Hot+Grits · · Score: 4, Interesting

      The DMCA does not disallow users to decrypt works for which they have purchased a license to. If you legally obtain a DVD, there is no law which states you cannot decrypt it with any method provided you do not distribute the work, or display it in public. The act of purchasing the DVD means you are authorized to decrypt the dvd by any means under the home recording act and fair use doctrine of the supreme court. The DMCA SPECIFICALLY states that all decryptions which are covered under the US Supreme Court "Fair Use" Doctrine are not to be illegal or prosecuted. Until the supreme court chimes in and says it is illegal to decrypt legally licensed works, it will always be innocent until proven guilty..

      On the issue of DeCSS DISTRIBUTION: There has yet to be any ruling on the validity of appeals courts ruling that DeCSS distribution breaks the DMCA. Until the DMCA's clause which prohibits decryption tool distribution is proven constitutional (in which case the Supreme court would have to take back the fair use doctrine, which is unlikely, but not unprecedented) it will always be legal to distribute such tools. In all cases where this has come up, the DoJ has stopped short of taking it to the supreme court. Until companies are disallowed to lobby the department of justics, prosecution under false pretenses will always be an issue in America (and it is still illegal BTW).

      There is a problem in america when people think things are illegal just because some company says it is. Just remember... there has been no court ruling which says that distribution of decryption tools is infringing on anyone's copyrights.

      Since district courts cannot rule a law constitutional or unconstitutional, that particular clause of the DMCA has not yet been able to hold much weight. The MPAA will never allow the DMCA to be taken to the supreme court. This is why they sued 2600.com, and not a bigger corporation who has in the past distributed knowingly DeCSS.

      Correct me if I'm wrong, but Elcomsoft was aquitted of all charges in its adobe e-book reader case, which has nearly identical case background to the DeCSS.

      Now.. the fact that companies don't want to risk being sued, that is their decision to make. But the facts are that nobody can be held liable for a law which does not even comply with basic supreme court doctrine. You cannot be sued under copyright law unless you are copying works. And you cannot be brought up upon charges for crimes against the state without the department of justics getting involved. You won't find John Ashcroft doing that to a company like RedHat or Mandrake wrt DeCSS. There is too much risk of it going to the supreme court and getting shot down.

      The ONLY target the DMCA can touch now is distributers without a good track record. And that is just the reason all DeCSS cases which have supreme court merit will be dropped by the DoJ forever until eternity.

      --
      Two infinite things: your stupidity and mine. But I'm not sure about the latter. If my sig offends you, I'm sorry.
  5. So if something is released to the public... by cartzworth · · Score: 5, Interesting

    ...whether or not it is by the company that created it, it ceases to be a trade secret in the case of proprietary encryption schemes?

    1. Re:So if something is released to the public... by ScrewMaster · · Score: 4, Informative

      The entire point of a "trade secret" is that it is secret. Trade secrets do not enjoy copyright or patent protection: both of those require that you disclose that which you are attempting to protect. I mean, you can't tell the patent office "I've got this way cool invention that will make me a billion dollars and I want patent protection but I don't want to tell you or anyone else how it works." Full disclosure is part of the process: your invention may be trivial , totally unoriginal, or absolutely brilliant, but you do have to disclose it in your patent app.

      If you choose to NOT seek patent or copyright protection and choose to protect it yourself, you are SOOL if the secret gets out anyway. For example, Coca Cola takes extreme measures, both within its' organization and without, to prevent anyone from learning the actual formula for Coke, because they've never patented it and if it does get out they would lose their monopoly on the Coke taste lickety split.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:So if something is released to the public... by taustin · · Score: 4, Insightful

      Trade secrets do not enjoy copyright or patent protection.

      I don't know what kind of dope you're smoking, but it must be good stuff. Copyright always applies, published or not.

    3. Re:So if something is released to the public... by The+Vulture · · Score: 2, Informative

      This is somewhat simplistic, but copyright covers the implementation of the idea, not the idea itself (that's where a patent would come in).

      So if a trade secret is released, I can implement it in my own way, and not run afoul of copyright laws.

      -- Joe

    4. Re:So if something is released to the public... by lawyamike · · Score: 2, Informative

      First, you are correct inasmuch as your post implies that copyright applies regardless whether a creator has sought its protection. Unlike a patent, copyright protections attach as soon as a creative work is set into a tangible form.

      Second, though, the original poster is correct that copyright cannot apply to unpublished or unrevealed works. That is, a story that one creates and recites without fixing to tangible form is not protected by copyright, but the same story published in text (or even recorded into some other tangible form) is protected.

    5. Re:So if something is released to the public... by wfberg · · Score: 4, Informative

      Trade secrets do not enjoy copyright or patent protection.

      I don't know what kind of dope you're smoking, but it must be good stuff. Copyright always applies, published or not.


      The word "secret" refers to the content, not the "tangible" form. Let's say you have a secret; "Dear diary, last night I robbed the 7-11." If I find your diary and rephrase that secret - as in "The 7-11 was robbed by taustin last night" - that's bona fide freedom of information right there.

      Obviously in the case of CSS the DeCSS implementation wasn't a direct lift of any existing code; it was reverse-engineered, and not copied from existing code.

      Freedom of information(gathering) is one of the basic tenets of democracy; without it, there is no free press. Of course, there are always companies looking to infringe upon it, even to the extent of pushing for laws that establish so-called "database rights" or pretending that trade secrets are secret when they're not secret any more.

      Also note that the US government has a lot of files that are secret, but not copyright protected.

      IANAL but I belief this is a case of "cattus ex sacculo est". (the cat's out the bag)

      --
      SCO employee? Check out the bounty
    6. Re:So if something is released to the public... by ScrewMaster · · Score: 2, Interesting

      Other way around. Copyrights cover ideas, PATENTS cover implementations. That was why, a long time ago, you could not receive a patent unless you could demonstrate a working invention, i.e., an implementation. Personally, I think the removal of that requirement has been the source of a lot of recent problems with patents in the U.S.

      --
      The higher the technology, the sharper that two-edged sword.
    7. Re:So if something is released to the public... by ScrewMaster · · Score: 2, Informative

      Well, it does matter, and the secrecy of that formula is why Coke is able to spend those billions and get a return on the investment. If it became known that the precise formula used by Coca Cola Corporation to make their product were common knowledge, said product would be come significantly less valuable. Someone may very well have already hit upon their formula, but they'll never, ever, admit it.

      I don't drink the stuff anyways. Like you said, it's basically colored, flavored sugar-water. Not healthy.

      --
      The higher the technology, the sharper that two-edged sword.
    8. Re:So if something is released to the public... by shaitand · · Score: 4, Insightful

      Niether of you are right. Software clouds the issue, software should not be patentable at all, it doesn't fit in with the scheme of things.

      Patent's are to cover IMPLEMENTATIONS of physical things, a specific way of making a steam engine, a certain weight shape and size of hammer for a specific purpose, etc.

      Copyrights are to cover ACTUAL creations of non-tangible things, source code, books, writting in general, artwork, etc.

      NIETHER is to cover ideas which are in themselves not SUPPOSED to be ownable. Patents are dangerous because if overly broad they can effectively protect an idea instead of an implementation.

      Software is copyrightable, it should not be patentable. The things which software patents are issued for are ideas and that is why software patents should not be considered truely valid.

    9. Re:So if something is released to the public... by DavidTC · · Score: 2, Interesting
      You can't make Coca-Cola anyway, even if you now the formula. (Which, BTW, is basically known, although it's been through a few revisions since then. The formula from known is from, I think, the 1960s. It would basically taste the same as the current one, the biggest change since then is well known, the change to corn syrup from sugar.)

      Coca-Cola contains essense of de-cocainized coca leaves, they have a plant in New Jersey and a special license from the DEA to import coca leaves. If you get the formula, good luck getting a license to import coca leaves, or trying to purchase essence of coca leaves from Coke.

      And they like to pretend the secret is a lot better guarded than it is. Half a dozen people in their syrup plant can, and I quote, 'make it while asleep'.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    10. Re:So if something is released to the public... by shaitand · · Score: 2, Insightful

      How exactly does one steal an idea? There are currently over 30 different companies manufacturing DVD players. Did they steal the idea? Did they all steal the idea to play movies to begin with?

      Ideas are NOT property, they can't be stolen. You don't own ideas you have, there is nothing exclusive about an idea. Most people go their entire lives without having any truely ORIGINAL educated idea.

      Idea's today are based on hundreds or even thousands of "stolen" ideas that came before them.

      Once long ago someone had the idea of mathmatics, does that mean that nobody else should be performing calculations or expanding that idea and improving upon it? Someone once thought of the a device that calculates, lots of people took the idea of the abucus and made other devices which calculate, leading eventually to modern day calculators and computers.

      When you write a program you are "stealing" ideas, lots of people have these ideas. Ideas float all over the place, there are THIS VERY MOMENT billions of people on earth, all of them having ideas. Belive it or not, the odds of there being a chain of logic which is not followed by two of them without knowledge of the other at some point in their lives is pretty slim. At a billion to one odds of someone else thinking of the same thing you did that yields 3 who *gasp* stole your idea without ever even knowing it existed!

      Ideas are NOT property. They cannot be stolen. You don't even own something copyrighted or patented. You own the copyright or the patent, but the not the thing to which it pertains. Mankind owns the thing, and has granted you certain limited controls of that thing for a limited term in exchange for expressing your idea so the rest of mankind can possibly benefit from it. The ideas you have don't belong to you, they belong to the human race.

  6. Does this mean? by Facekhan · · Score: 5, Interesting

    Does this mean that Xine and Mplayer can now be distributed with libdvdcss included.

  7. Yeah... by c0dedude · · Score: 5, Informative

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

    --
    Since when has this country used intellectual elite as a pejorative term?
  8. so by pvt_medic · · Score: 4, Interesting

    does that basically kill thier argument about anything that copies DVD because if it is public knowledge anyone can do what they want

    --
    30% Troll, 50% Underrated, 10% Interesting
    Score:5, Troll
  9. CCA finally concedes CSS is no longer a secret... by dodgyville · · Score: 5, Funny

    Now if we can only get the Beatles to finally admit that Paul is dead, then that will mean the two most important but worst-kept secrets in the world will have been revealed on one day.

    --
    apt-get install deathstar && deathstar alderaan && echo "You're far too trusting"
  10. And I still... by downix · · Score: 5, Funny

    haven't gotten the damned t-shirt yet. 8(

    Ok, thinkgeek here I come!

    --
    Karma Whoring for Fun and Profit.
    1. Re:And I still... by Bob9000 · · Score: 2, Funny

      I ordered that t-shirt, and all I got was this lousy t-shirt!

      --
      Those whose signatures threaten negative moderation will be modded down.
  11. Hurrah! by BeneathTheVeil · · Score: 3, Funny

    Let the mass pirating of DVDs begin!

    ...what?

  12. Will it be easier to get region-free players? by MichaelCrawford · · Score: 5, Interesting
    One would think that all the DVD player manufacturers will now start making region-free players, but that might not be the case because they have contracts with the DVD-CCA that forbids them from doing so.

    I've so far avoided getting a dedicated DVD player just because they have region coding, preferring to use a software-based open source dvd player.

    But it's sure not as convenient or as pleasant to watch DVDs on my laptop as it would be on my TV with a dedicated player. For one thing, my laptop doesn't have a remote control.

    --
    Request your free CD of my piano music.
    1. Re:Will it be easier to get region-free players? by EinarH · · Score: 4, Interesting
      Just out of curiosity, on average how many DVDs that you watch are made for regions other than the one you live in?
      Not many, some though maybe 20% for me (I'm from Europe). But that is not the point. If I want to buy DVD's in Asia why should I not be allowed to do so?
      The whole point behind the region coding is to stiffle competition and control distrobution so the prices on the DVD's can be kept artificially high. Without region coding the prices on both players and DVD's would have been lower.
      --

      Melius mori in libertate quam vivere in servitute.

    2. Re:Will it be easier to get region-free players? by bblfish · · Score: 2, Interesting
      There are many films that get published in one region but not the other. For example the Polish film "The Saragossa Manuscripts" which was filmed in Spain is only available as a Region 1 (US) encoded DVD. I am in Europe and can not watch a European film because of the greed and stupidity of these $@!$ media oligopolies. Quite ironic really.

      I bought it anyhow because it is really original: it was a favorite of the Greatful Dead lead singer. But I can't watch it on my PowerBook laptop or our home DVD player. Luckily we have an old Apple Cube around that did not have these restrictions.

      I should have bought my laptop in Switzerland. Apparently they made region encoding illegal there.

    3. Re:Will it be easier to get region-free players? by 91degrees · · Score: 2, Interesting

      I have a few US imports. Roughly 7 or 8, and about 40 or so UK releases. It's actually rarely worth importing these days. The ones I have either showed no signs of becoming available in England for many months, or had feautres that aren't on the region 2 release.

      The principle of the thing is important though. At first, the region 2 releases were extremely sparse of features. Because the European distributors had to compete with the US editions, they had to add the features.

    4. Re:Will it be easier to get region-free players? by AvitarX · · Score: 2, Insightful

      You know it is also wuite possible they could cost more money?

      If they cherry pick what proffits (per unit) they can from the poorer areas, by selling them at a price that would not be sustanable if they all cost that, but still make them a few extra dollors. They can use that money to repay some of the overhead of producing a movie.

      If the average price was used, the poorer areas could not buy any DVDs, so now we in the affluent areas have the burden of repaying more of the production cost ourselves, which means that the average price would actually have to be higher then what we currently pay.

      Of course I live in America and good ald movies are like 10 dollors on DVD. Mediocer just past new release are 12 and new releases rarly break 20 dollors. So compared to Europe our DVD's are cheap.

      Of course our CDs are too, even without region locking. Last time I went to Vienna (about 5 years ago (or more)) I bought a new CD for 20-25 dollors (which was about the normal price). In the US I would have expected to pay about 11 or 12 dollors (this was pre-napster, which destroyed our record shops in town. It is a college town so the largest CD buying population all the sudden could get any CD they wanted for free over broadband. Napster may encourage CD sales, but not amongst college students with broadband, now I pay as much as 15 dollors for a CD).

      So, I guess I am saying I deffinatly benifit from region coding prices, and possibly you are too, but I doubt it, you are probably helping to subsidize my low cost, just as you were in non-region encoded CDs.

      Also, there is very little competition in the DVD market region encoding or no. That is what copyright means. You get a monopoly on your product.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  13. Linux? by mahdi13 · · Score: 5, Funny

    Does this mean I can finally watch encrypted DVDs on Linux without having the fear of the FBI crashing through my windows?

    --
    "Some things have to be believed to be seen." - Ralph Hodgson
    1. Re:Linux? by Kjella · · Score: 4, Funny

      Does this mean I can finally watch encrypted DVDs on Linux without having the fear of the FBI crashing through my windows?

      No, the SCO case is not settled yet.

      (HOW-TO: Mix SCO into a COMPLETELY unrelated story...)

      Kjella

      --
      Live today, because you never know what tomorrow brings
    2. Re:Linux? by NakedPenguin · · Score: 2, Funny

      1. Sure, but you still have to worry about your Windows crashing. 2. Sure, assuming you've paid SCO their $650 3. Don't buy DVDs! Stick it to the MPAA! Any others?

    3. Re:Linux? by CGP314 · · Score: 2, Insightful

      Does this mean I can finally watch encrypted DVDs on Linux without having the fear of the FBI crashing through my windows?

      Who do you think you are? Zero cool?

      --
      In London? Need a Physics Tutor?

      American Weblog in London

    4. Re:Linux? by JoeBuck · · Score: 4, Insightful

      You can't be prosecuted under the DMCA for having Ogle or DeCSS or the like on your computer, and using the program to play DVDs that you have obtained legally. The DMCA only forbids "trafficking" in technology that circumvents copyright protection measures, not use of such technology.

      You could still theoretically be at risk for use of software that infringes patents, but that's a civil matter (the patent holder might be able to sue you), not a criminal matter (no one can arrest you).

    5. Re:Linux? by DavidTC · · Score: 3, Interesting
      Decrypting CSS has no patents on it. Sans the their idiotic 'trade secret' suit, the only 'violation' is that somehow they are the only people authorized to authorize you to watch DVDs, due to the magic of the DMCA. (I, personally, want to make a CSS encoded DVD and sue them, but the encrypting is patented...but there are countries that do not allow software patents. And there are no legal issues with importing a device made with a process that's patented here but not elsewhere, as long as the device itself does not use the patented processes. Just one damn CSS made by someone who's not a member of the MPAA or one of their licencees and the entire house of cards comes crashing down, and there's no risk at all as long as you make it in a country without software patents. (It's not like making a player, they can't sue you under the DMCA for making a DVD.) For bonus points, claim DeCSS is the only authorized player for your DVD.)

      And the trade secret suit was stupid from the start, anyway. You can't protect trade secrets by slapping a EULA on a piece of software, you have to have real contracts with real signatures. To get around being bound by an EULA, legally, is child's play. They did it by being in a country that didn't allow you ban reverse engineering, but you could have done it by simply having someone else click 'I Agree', or gotten a decompressor for the installer and copied the files out manually to reverse engineer. (And, yes, copying the files manually to install the software is completely legal.) Tada, you're not legally bound by the EULA, even if you would have been normally bound by it, which is itself in question because it's imposing terms after the sale.

      And since someone could do that, it's automatically not a trade secret, so even if that's not how they break it, it doesn't matter. If you (on purpose) had your company secrets laying in plain sight from the street on a desk, and I can prove it, I didn't steal your 'trade secrets' even if I, personally, happened to get them by breaking into the building and cracking a safe...because they stopped being trade secrets when you failed to try to protect them.(You can fail to protect them, but you have to at least try for them to remain trade secrets.)

      Trade secrets have to be real secrets, and you can't just hand out devices that use them willy-nilly in the store. If you walk into court with a 'trade secret' violation and can't immediately produce a list of people who have had authorized access to it and the contracts they signed, you'll get laughed out of court, and it's really amazing the MPAA was able to drag this out this long, probably by conflating it with the supposed DMCA violations, which are utterly unrelated.

      Also, you probably shouldn't patent the damn encoder if you are trying to keep the decoder secret, that really doesn't make any sense either.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  14. How does this affect DVD Jon? by RobertB-DC · · Score: 3, Insightful

    So, if it's no longer a trade secret in the US, does that mean that the Jon Johansen can finally quit worrying about the Norwegian government's appealing the second aquittal? Or can they claim that he's still guilty, if they prove it was a trade secret at the time he "hacked" it?

    en francais, aussi...

    --
    Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
    1. Re:How does this affect DVD Jon? by bwt · · Score: 4, Interesting

      Actually, I suspect that the timing of this DVD-CCA decision is completely explained by the fact that Jon won in Norway. If Jon's actions were legal under the laws of his country then Bunner's actions in the US are not traceable to an act of misappropriation.

  15. Donate! Please consider $upporting the EFF... by (1337)+God · · Score: 3, Insightful

    If any of you have some spare dollars or Euros lying around, maybe this article and the fact that you're in a relaxed Friday night mood might convince you to make a tax-deductible donation to the Electronic Frontier Foundation and help save civil liberties in cyberspace.

    Andrew Bunner, the man featured on this Slashdot page, was being prosecuted under California's trade secret laws for redistributing DeCSS. If the EFF hadn't stepped in and stood up for his rights (at no cost to him), he very well might be in jail right now.

    So please, consider joining or donating right now. It really does make a big difference.

    One thing I promised myself back in college was that if I made any money off my computer knowledge gleaned from the Open-Source and computer-loving communities like Slashdot, Freshmeat, SourceForge, etc., I would donate 1% of my salary to various groups such as the EFF. I have kept my word, and I must tell you that it feels great.

    I urge you all to think strongly consider it. Who's watching out for us if we don't all chip in?

    Thanks for reading this, friends. It means a lot to me.

    --

    Background: 28/M/Bi-Sexual; Owner of a Linux company; MBA Harvard 2003; B.S. Comp Sci MIT 2000
  16. 40 bits by MooseGuy529 · · Score: 3, Informative
    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.

    It's not CSS that's the problem--the five-digit player key is a trade secret.

    Anyway, let's celebrate!

    --

    Tired of free iPod sigs? Subscribe to my blacklist

    1. Re:40 bits by El · · Score: 2, Interesting

      Can't the player key be passed in as a command-line argument, thus making the code fully distributable? As long as they don't automatically configure the key, I don't see the problem.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    2. Re:40 bits by edwdig · · Score: 4, Informative

      The key isn't a problem. You don't need to know the key ahead of time. CSS encryption is so badly designed that you can brute force find a key within a few seconds. Any recent Linux DVD player doesn't contain a key, it just looks at the DVD and figures one out.

      They're admitting CSS isn't a trade secret anymore. If you know CSS, then it only takes a few seconds to find a key. Based on that, how can you justify calling the key a trade secret?

    3. Re:40 bits by DavidTC · · Score: 4, Interesting
      Except figuring out trade secrets by brute force is completely legal.

      Trade secrets are basically anti-patents. (Which is why the term 'intellectual property' is stupid.)

      With patents, inventers are screwed even if they reinvent it without knowing about the original.

      With trade secrets, not only can invent it myself, but I can do everything in my power to learn it from you as long as I obey the law and don't break any signed NDAs.

      If I am, to pick a mostly silly but widely used example trade secret, trying to steal the formula to Coke, I not only can subject the drink to chemical analysis, but I can take a tour of the plant with a hidden high-powered camera, I can rifle through their trash, I can get hired as a employee and attempt to learn it that way, I can get an employee drunk, etc. If I do, I win. (Note all companies make you sign an NDA before learning trade secrets, and in some places it's actually part of your employment contract, so you actually can't sign on with them to learn it.)

      Also note that if I trick someone else into telling it, while they may be liable, I am not, and can use my knowledge in any way I want. (Which, BTW, is one of the few forms of legal blackmail...I can offer to sign an NDA if they will pay me X amount of money.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
  17. DMCA ? by vlad_petric · · Score: 4, Informative
    Not being a trade secret doesn't mean it's not prosecutable under DMCA. The reason distros don't include libdvdcss is really DMCA.

    DVD css was cracked through reverse engineering, which does not equate to stealing a trade secret. I do think that the outcome is important, but it won't really make that much of a difference IMHO (and of course, IANAL)

    --

    The Raven

    1. Re:DMCA ? by red+floyd · · Score: 5, Informative
      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.
      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    2. Re:DMCA ? by Sloppy · · Score: 2, Informative
      However, 17 USC 1201(f) explicity allows reverse engineering for interoperability
      That kind of got talked to death a few years ago. What you say appears to be true, going by the text of the law. But in the 2600 case, Judge Kaplan ruled differently.
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  18. In Other News... by plasm4 · · Score: 5, Funny

    Microsoft releases Office under the GPL Steve Ballmer wins Nobel Price in physics Former Enron executive Ken Lay goes to jail Duke Nukem Forever released

    1. Re:In Other News... by EulerX07 · · Score: 4, Funny

      Patent on punctuation expires! You can now freely make use of it!

  19. Re:Wait, by Anonymous Coward · · Score: 2, Informative

    It means that you can now legally play your legally purchased DVD's on your legal Linux platform.

    Btw, IANAL.

  20. No, sorry, that's spin your reading.. by stratjakt · · Score: 4, Interesting

    This means that the DVD CCA has finally conceded that CSS is no longer a secret

    No it doesn't, it means they decided not to pursue this particular case. I dont see where they conceded anything, or shut the door on any future legal action.

    Just because the EFF sees it that way doesnt mean it's so, they're a special interest group with an agenda. Agreeing with the agenda doesn't make everything they say/do in pursuit of that agenda right.

    --
    I don't need no instructions to know how to rock!!!!
  21. Will 2600 post the code again? by Bob+Cat+-+NYMPHS · · Score: 3, Interesting

    There's still a permanent injunction against them even linking to it. This should be interesting.

  22. Don't be so naive by BigChigger · · Score: 4, Insightful

    They're readying the next format now anyway. They know that DeCSS has made no dent at all in their revenues. But they won't make that mistake (letting the keys out) again.

    BC

  23. At last! by stealth.c · · Score: 3, Interesting

    An article where the corporations AREN'T omnipotent. I agree with above posters: give a few spare clams to the EFF.

    Hopefully this is the first event among many where we begin to turn the tide against corporate power. What the Internet gives us is too important to get shackled down by bureaucrats. I want to be able to get news and information from anyone anywhere and with no middlemen but the ones *I* designate. We'll win this war eventually.

  24. It doesn't affect his case. by jbn-o · · Score: 4, Informative

    So, if it's no longer a trade secret in the US, does that mean that the Jon Johansen can finally quit worrying about the Norwegian government's appealing the second aquittal?

    Wikipedia says "Okokrim announced on January 5, 2004 that it would not appeal the case any further" (apparently Slashdot will not let me type the O with the slash through it, but it gives me the proper character in the editor area).

  25. DMCA? by Rick+Zeman · · Score: 5, Interesting
    IANAL, but could it be that the reason they backed away from this case is that they don't want the DMCA itself to undergo the judicial scrutiny that it would?

    It sure needs to, like, oh, shrinkwrap laws.

  26. Makes You Wonder... by Anonymous Coward · · Score: 3, Interesting

    Why all of the sudden this was dropped? Considering the recent RIAA actions, the second persuit Jon Johannson, the movements to crackdown on bootlegs, etc?

    Why drop this? Makes me wonder what is up the sleeves.

  27. Does this mean by Catharz · · Score: 3, Funny

    copyleft are finally going to send me my goddamned t-shirts?

    --
    To know that you know what you know, and that you do not know what you do not know, that is true wisdom. --Scooby Doo
  28. Re:Wait, by kfg · · Score: 5, Informative

    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

  29. This means I can erase ... by thrill12 · · Score: 2, Funny

    ...my tapes which I encoded with the C64 version of DeCSS again ?

    --
    Slashdot: stuff for news, nerds that matter, matter for news, stuff that nerd
  30. Visit my DeCSS mirror by MichaelCrawford · · Score: 4, Interesting
    Want to post your own DeCSS mirror? You can get it from my DeCSS mirror.

    It's been on the first page of hits at google for the query content scrambling system for a couple of years now.

    --
    Request your free CD of my piano music.
  31. Too damn old by siskbc · · Score: 4, Funny
    Yep, as soon as we can find a DVD player in this damn spaghetti System V code.

    I dunno about that, but you might find a serviceable 8-track player. Do those need decoding though?

    --

    -Looking for a job as a materials chemist or multivariat

  32. Re:Wait, by Triumph+The+Insult+C · · Score: 4, Funny

    according to sco, that'd be your legally purchased DVD's on your illegal linux platform.

    i can't wait for the ibm lawyers to finish with darl and friends. they'll make goatse.cx look like a cakewalk

    --
    vodka, straight up, thank you!
  33. Re:Import one.. by badasscat · · Score: 4, Insightful

    from well, anywhere but the US? :)

    I can buy one at the Japanese market down the street from me for $119. They do exist in the US, you just have to know where to look. Of course, a wide variety of web sites sell them too.

    It's moot in terms of this discussion, though, because CSS has nothing to do with region coding. My player's region free but it's still CSS-protected - you can't make a digital copy of DVD's even if you could somehow connect a PC to it. My old Apex player would remove the CSS protection but as far as I know there was nothing you could really do with the resulting data (unless someone did eventually invent a cable and connector to do it... but then why not just use a DVD-ROM drive to begin with?).

    My point? I have no point. Well, maybe just that we should clarify what CSS really does before talking about what the removal of it can do for us. Using DeCSS is not going to remove region coding on your DVD player (not like you could use it on a standalone player anyway), nor is it going to do it for you on a DVD-ROM drive (though other commonly-available firmware utilities will).

  34. Is DeCSS really no longer a trade secret? by Anonymous Coward · · Score: 3, Interesting

    When they dropped the case, did they actually admit that it's no longer a trade secret? The second is much, much stronger than the former. If they admit it's not a trade secret, GNU/Linux DVD players are completely legally in the clear. If they simply stop prosecuting the case, it would certainly weaken the trade secret (since they are required to take active measures to keep it secret under trade secret laws), but they could potentially still prosecute others. It would still have to be struck down as a trade secret in a court of law, or openly admitted to not being one...

    It hasn't been a legally enforcable trade secret for a while, but they could still throw enough legal $$$ to harass most people not to distribute it. If they admit it's not one, they won't be able to do that anymore (it'll get struct down in court in 5 minutes and 0 dollars, rather than months or years and hundreds of grand).

    It'll also mean they're no longer bad guys, and I'll be able to stop undermining them in every way possible. Or at least with respect to DVDs... I'll have to investigate whether they are doing anything else evil first...

  35. Re:Wait, by Anonymous Coward · · Score: 2, Funny

    they'll make goatse.cx look like a cakewalk

    Did you have to bring that up? I know it's a cultural phenomenon and all, but I'm having dinner. Insensitive clod.

  36. One Last Step by HolyCrapSCOsux · · Score: 2, Funny

    Now if I can only get my soundcard to work in either 2.4.22 or 2.6.0.

    --
    0xB315AA8D852DCD3F3DCA578FD2E0BF88
  37. that's because of HD DVD by wotevah · · Score: 3, Interesting

    You know why they are conceding, that's because the new HD DVD standard will have a different kind of protection, and this time they will get it "right" by patenting some part of it (hopefully not).

  38. Failure to pursue translates into the conclusion.. by Svartalf · · Score: 4, Interesting

    Either it's a Trade Secret and they vigorously pursue the violator- or they completely lose the ability to pursue anyone with regards to the secret in question (as it's no longer one...).

    For the DVD CCA to decide to no longer pursue the case means nobody will be harassed by them in this regard- if they do, they can and will face harassment or misuse of procedure countersuits that they'll lose.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  39. Re:Over 50% for me. by taniwha · · Score: 2, Informative

    for the Americans reading - NZ (and Oz) were both included in a primarily spanish speaking region (South America - go figure) - there's lots of english language stuff that just isn't released for them

  40. Re:Import one.. by squiggleslash · · Score: 3, Informative
    Actually the two are connected and CSS's primary reason for existing is to enforce region encoding.

    The deal goes like this: In order to produce a DVD player that's worth buying, a manufacturer must license CSS (until now, anyway). However, a license stipulation imposed by the CCA for licensing CSS is that the players that use it also impose region encoding. Outside of the US, region encoding almost certainly violates basic competition laws, which is why manufacturers routinely flout the license there; however within the US, there are fewer competition laws to allow these kinds of get-outs.

    --
    You are not alone. This is not normal. None of this is normal.
  41. damn! by standsolid · · Score: 2, Funny

    now my copyleft t-shirt isn't cool anymore :(

    --
    WTPOUAWYHTTOTWPA
    What's the point of using acronyms when you have to type out the whole phrase anyways?
  42. Never really been a problem by KalvinB · · Score: 2, Interesting

    You just needed to buy one DVD player per region you wanted to watch.

    I don't think any DVD players are incapable of playing DVDs from other regions. They just lock you into a region after certain criteria are met.

    So really, this whole exercise didn't prevent anything it was intended to prevent and just lined the pockets of DVD player manufacturers.

    With players comming down to $50 or less, there's less and less incentive to not purchase an additional player for other regions.

    And there already are DVD players out there that can be hacked to be region free. You just have to hunt for them.

    Ben

  43. There are still disturbing precedents... by Hamster+Lover · · Score: 3, Insightful

    In essence, it all comes down to the EULA that accompanied the software that Jon Johansen reverse engineered in the first place.

    The DVD CCA was succesful in the Supreme Court of California in establishing that the provisions of the EULA that prohibited reverse engineering were enforceable and constituted discovery by "improper means".

    There are other serious precedents, namely that no one may reverse engineer a software product for the purpose of interoptability where the EULA strictly forbids it, that the EULA of any software product is enforcable and most distressing of of all, that trade secret law trumps the First Amendment (under very narrow circumstances, granted).

    Even with the case dismissed, these precedents stand in the State of California, do they not?

  44. Re:I'm pretty sure mpeg2 is included with most.. by Natalie's+Hot+Grits · · Score: 3, Informative

    Mpeg1 and 2 (including layer 3 a la MP3) are covered by patents for encoding.

    If the decoding process IS patented, it does not carry a royalty. That is how mp3 became popular, because it was free to download the players. mpeg1 and 2 are the same way when it comes to video.

    --
    Two infinite things: your stupidity and mine. But I'm not sure about the latter. If my sig offends you, I'm sorry.
  45. Re:I'm pretty sure mpeg2 is included with most.. by juhaz · · Score: 3, Interesting

    It's covered for decoding too.

    MP3 decoding didn't carry a royalty and thus became popular, but after that happened they became greedy and now want to charge from it.

    Most of the people don't care about that, but technically it's still patented.

  46. Re:I'm pretty sure mpeg2 is included with most.. by squiggleslash · · Score: 2, Informative

    Not a "tax", no. Taxes are levied by governments. And I have no idea what you mean by "imports to its country" unless you're making some very peculiar pun on the meaning of the word "tariff". But yes, Fraunhoffer does have the legal right to set a tariff for users of its patented technologies, and it does.

    --
    You are not alone. This is not normal. None of this is normal.
  47. I'm Andrew Bunner -- here's my reaction by kinesis · · Score: 4, Funny

    So I'm the "Bunner" in DVD CCA vs Bunner. If you could look in my out-box today, here's what you'd see:

    Friends and family,

    My fifteen minutes of fame are over. The DVD CCA is dropping their case against me. For those that don't remember, I was sued in late 1999 for posting the source code to a software DVD player on my web site. The plaintifs included Sony, MGM, Panasonic, Microsoft, Warner-Brothers, and most other corporations in either media or electronics.

    Today, they gave up. They've withdrawn the case
    without prejudice.

    Reading between the lines that means that they finally realized they were going to lose and that even if they won, the "secrets" of playing a DVD have been pretty well documented for the public.

    To celebrate the occassion, I've asked my lawyers to file a counter-suit alleging emotional anguish and seeking damages of one hundred billion trillion dollars.

    -- Andrew

  48. Speaking as a defendant by OriginalArlen · · Score: 2, Interesting
    (I'm Doe #13 in the original restraining order) I found the whole surreal experience both interesting and enlightening experience - really brought home to me how broken the US legal system is, that it took over 4 years for them to accept that actually, I have at no time ever offered to sell pirated movies. I aonly just discovered that they'd accused me of this by following some links and searching for 'zpok' (my hostname at the time) on the EFF - found testimony by a DVDCCA attorney about how he found I was an evil pirate, sent me a letter "by electronic mail" and so forth. Laughable if it wasn't so serious. Of course I never pirated a movie or audio recording in my life, I don't run any P2P or file trading apps, all I did was mirror deCSS source on the site. Pah! Losers! :)

    I'd still like to know why they thought California state law had jurisdiction over the UK though.

    As luck would have it we have a delayed departmental Xmas do tonight (we were all working too hard before xmas to have it then) - look out London, I'm really ready to party now :))

    --

    Everything I needed to know about life, I learnt from Blake's Seven