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MPAA Fires Back at AACS Decryption Utility

RulerOf writes "The AACS Decryption utility released this past December known as BackupHDDVD originally authored by Muslix64 of the Doom9 forums has received its first official DMCA Takedown Notice. It has been widely speculated that the utility itself was not an infringing piece of software due to the fact that it is merely "a textbook implementation of AACS," written with the help of documents publicly available at the AACS LA's website, and that the AACS Volume Unique Keys that the end user isn't supposed to have access to are in fact the infringing content, but it appears that such is not the case." From the thread "...you must input keys and then it will decrypt the encrypted content. If this is the case, than according to the language of the DMCA it does sound like it is infringing. Section 1201(a) says that it is an infringement to "circumvent a technological measure." The phrase, "circumvent a technological measure" is defined as "descramb(ling) a scrambled work or decrypt(ing) an encrypted work, ... without the authority of the copyright owner." If BackupHDDVD does in fact decrypt encrypted content than per the DMCA it needs a license to do that."

87 of 343 comments (clear)

  1. well.. by pair-a-noyd · · Score: 4, Funny

    1. Horse
    2. Gate
    3. ???
    4. Profit!

    1. Re:well.. by Grinin · · Score: 2

      wasn't it:

      "Phase 1: Steal under-pants"
      "Phase 3: Profit"

      "But wait, whats phase 2?"

      "Phase 1: Steal underpants"
      "Phase 3: Profit!"

    2. Re:well.. by Grinin · · Score: 2, Funny

      OK. No one got my South Park reference. I apologize. I would remove the comment if I could :(

  2. why bother by mastershake_phd · · Score: 4, Insightful

    Legality aside, they must know they will never eliminate this utility. DVD Decrypter is still easy enough to find. And that is something a lot of people might be interested in compared to the number of people who actually own a HD Disc.

    1. Re:why bother by Curtman · · Score: 5, Insightful

      Legality aside, they must know they will never eliminate this utility. DVD Decrypter is still easy enough to find.
      It's a shame that they dropped the case against Decss. Hopefully they won't this time and they'll lose fair and square.
    2. Re:why bother by melikamp · · Score: 5, Insightful

      Implementation of this specification requires a license from AACS LA LLC.

      IANAL, but what the hell does that mean? There are only two relevant "IP" laws: copyright and patent. Since the code is original, copyright does not apply. Is AACS patented then? Again, I have no idea what exactly the legislation is, but I would assume that in most jurisdictions the law does not apply to PCs. I am under an impression that there might be a patent on a device with the said software, but that would probably not apply to a general-purpose device which can run any software.

    3. Re:why bother by digitalunity · · Score: 5, Informative

      Close. The misnomer "Intellectual Property" is typically a trifecta - Copyright, Patent and Trademarks. It would be difficult to bring a trademark suit into this matter since the author of this tool is not misrepresenting their tool under the auspices of a tool trademarked by another company.

      Patents are an easy one. If the AACS encryption is covered by patents(which it probably is) there's a good case for patent infringement. I won't go this particular here. As far as I am concerned, if the encryption can be broken by information release by the patent holder outside of the realm of a patent application, it's fair game.

      Copyrights are a tough nut to crack. Without the DMCA, the tool would probably fall under fair use. With DMCA provisions, it would most likely qualify as an 'circumvention' device. Very sad, but under existing law, it's unavoidable.

      Solution?
      1) Ignore the laws. Release the software from an unfriendly neighbor country.
      2) Lobby.
      3) Lawyer up.
      4) Start shooting lawmakers.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    4. Re:why bother by andy_t_roo · · Score: 2, Insightful

      It doesn't circumvent any copy protection - it just allows holders of the keys to decrypt theit encrypted content - this program assumes that the "explicit authorization" presented is in the holding of the key.

  3. So let me get this straight... by physicsnick · · Score: 4, Funny

    They're firing back at the total and utter destruction of AACS by using... lawyers.

    Yeah. That'll stop piracy.

    1. Re:So let me get this straight... by Dr.+Eggman · · Score: 5, Funny

      Lacky: "Sir! Pirates in the nets, breakin' yur AACS!"
      MPAA: "We must respond with out most powerful weapon: Ready the Lawyer Cannons."

      --
      Demented But Determined.
    2. Re:So let me get this straight... by The+Real+Toad+King · · Score: 5, Funny

      Lacky: "But sir! Wouldn't firing our lawyers out of cannons seriously injure them?"
      MPAA: "I SAID READY THE LAWYER CANNONS GODDAMMIT!"

    3. Re:So let me get this straight... by troll+-1 · · Score: 2, Funny

      MPAA: "We must respond with out most powerful weapon: Ready the Lawyer Cannons."

      Methinks ye meant canons as in:

      (Eccl.) A law, or rule of doctrine or discipline, enacted by a council and confirmed by the pope or the sovereign; a decision, regulation, code, or constitution made by ecclesiastical authority.

      Thou shalt not circumvent this sacred AACS, nor be curious about it, nor shall thee seek to understand the inners of its secret workings lest thee be driven to infernal damnation. It be the ruling of this inquisition on pain of death that thee recant all allegiance to curiosity.

    4. Re:So let me get this straight... by denmarkw00t · · Score: 5, Funny

      Lacky: "But, I am le tired..." MPAA: "Well, take a nap and then FIRE ZE LAWYERS!"

  4. Law by mfh · · Score: 5, Interesting

    There are laws, legal interpretations and then there is reality; the courts will connect this program to its most wide use, not its intended use.

    Why do we keep using the same methods of our oppressors against ourselves? For CREDIT??? For PERSONAL GAIN???

    A note to any future coders of freedom; write it anonymously and just release it into the wild. Do not claim the rights over it for your benefit because that is exactly how they keep shutting you down. They can't fight a ghost! ;-)

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Law by Skreems · · Score: 3, Informative

      I'm pretty sure muslix64 (or whatever his alias is) HAS remained anonymous. But they can file take-down notices against anyone hosting the thing.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    2. Re:Law by grub · · Score: 2, Insightful


      But they can file take-down notices against anyone hosting the thing.

      They can file take-down notices against anyone in the US hosting the thing.

      --
      Trolling is a art,
    3. Re:Law by mfh · · Score: 3, Insightful

      Nah, he'll have some stupid line of code that identifies him. Or they'll reveal something that connects it to him.

      By anonymous, I mean without connection or identity, not pretending to be someone else. They get subversives every time by their need to maintain their self identity in some form, be it though personal expression or some other random link that forensics easily trails back like a string right to the perps (which is what you are if you're doing anything creative these days with computers).

      --
      The dangers of knowledge trigger emotional distress in human beings.
    4. Re:Law by failure-man · · Score: 2, Insightful

      Jurisdiction has never seemed to have much influence on where the take-down notices go . . . .
       
      They can enforce take-down notices against anyone in the US. Fixed.

    5. Re:Law by Chandon+Seldon · · Score: 3, Insightful

      write it anonymously and just release it into the wild.

      I absolutely agree that if our society had really degraded to the point that it was no longer safe to share information it would be possible for things like this to be posted with complete anonymity. If the world had truly become a horrible dystopian nightmare, that might even be absolutely necessary.

      I like to think that we're not there yet, and that it's still safe for people to share what they know with full credit for the work they have done to obtain that knowledge. If the world has really progressed to the point where sharing simple knowledge is no longer safe, then we have a worse problem than simply being locked out of the content of some video disks.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  5. Copyright? by wiredlogic · · Score: 2, Insightful

    You can't copyright a telephone number. I don't see why an encryption key should be any different. It doesn't represent a creative work and should not be subject to copyright protections. At best an encrytion key would be considered a trade secret. Of course a "secret" that is readable to anyone with a debugger isn't much of a secret.

    --
    I am becoming gerund, destroyer of verbs.
    1. Re:Copyright? by idonthack · · Score: 4, Informative

      It's not the fact that the decryption key is known and distributed. It's the fact that muslix64's program is capable of decrypting a copyrighted work without permission. That's a violation of the DMCA.

      --
      Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
    2. Re:Copyright? by Skreems · · Score: 4, Insightful

      I see what they're trying to do, but I don't understand how that should be legal. If I buy a HD-DVD, they're giving me permission to watch it. To do so, I have to decode it. I signed nothing at the time of purchase promising to watch it only with players they approve of. By all logic, they HAVE given me permission to decrypt it.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    3. Re:Copyright? by xantho · · Score: 2, Interesting
      Sure it decrypts the content, but isn't it for the purpose of interoperability? We already know that an HD-DVD + Vista + Windows Media Player + LCD TV connected via DVI is a losing proposition, but decrypting the video first makes everything interoperable.

      <5 minutes go by>

      OK, I read this article which discusses the reverse engineering part of the DMCA, and it seems like it might not apply because the software does not otherwise check to make sure that the user is authorized to do the thing in the first place, i.e., the user could be trying to decrypt an already copied HD-DVD that has been burned onto an HD-DVDR (do those exist for us plebeians yet?).

      According to a source in the article, the courts have been screwing up rulings by "improperly conflating infringement with circumvention", which is what a lot of people I know have been saying for quite a while. Just because some assholes will use it to pirate movies doesn't mean that a whole crapload of people who just want to watch HD-DVD movies from their computer to a nice HD TV won't see substantial benefit from using the software as well, and that should be upheld.

      Imagine if the ruling came down that the internet allowed piracy and ought to be banned. That's obviously a bit of another can of worms, but the idea stands. Just because someone can use something to infringe doesn't mean that the thing out to be disposed of and its use prohibited, as there are reasonable uses for it too.

    4. Re:Copyright? by cpt+kangarooski · · Score: 4, Informative

      If I buy a HD-DVD, they're giving me permission to watch it. To do so, I have to decode it. I signed nothing at the time of purchase promising to watch it only with players they approve of. By all logic, they HAVE given me permission to decrypt it.

      Not quite.

      It's a bit easier to use DVDs as an example for this, rather than Bluray or HDDVD, since they're not as well documented.

      The movie studios encrypted discs with CSS. They then gave the DVDCCA the power to grant authorizations to decrypt and access those movies. The DVDCCA in turn authorized the player manufacturers to build players that could handle that decryption, provided that they conformed to certain requirements (e.g. respect region codes, add macrovison to the outputs). The permission is granted, therefore, to the disc-playing machine, not the owner or user of the machine, nor the owner or user of the disc itself.

      This is why, when you watch a DVD on an approved player, it is lawful with regards to access-controls, regardless of whether the DVD is lawfully made and possessed, lawfully made but stolen, or unlawfully made (and yet still encrypted for some reason). But it is unlawful to watch a DVD on an unapproved player, regardless of the provenance of the DVD.

      So no, when you bought the DVD, you did not get permission to decrypt it. But so long as your player is approved, then it isn't unlawful for you to use it -- or for anyone to use it -- without having to be given permission themselves.

      I'm pretty confident that the newer generation formats work in substantially the same way.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:Copyright? by AoT · · Score: 3, Insightful

      I assume you've also never signed anything that says you won't break into houses and crap on the floor.

      Yeah, but if I buy a bottle of coke I don't see any reason I shouldn't piss in it.

      And what's more, if you sell me a sheet of paper with a code on it and then get pissed when I break it, you're going to have to start prosecuting all us folks who do the crypto-quote in the newspapers. That's illegal, too.

    6. Re:Copyright? by AlHunt · · Score: 2, Insightful

      >It's the fact that muslix64's program is capable of decrypting a copyrighted work without permission. That's a violation of the DMCA.

      Are you sure? My car is capable of going 100 mph and my car isn't illegal.

      --
      1 in 4 Maine children in struggle with hunger.
    7. Re:Copyright? by EvanED · · Score: 5, Funny

      No, see, you're thinking about laws rationally. Stop it.

    8. Re:Copyright? by UncleFluffy · · Score: 2, Insightful

      It's the fact that muslix64's program is capable of decrypting a copyrighted work without permission.

      So is this. And this.
      --

      What would Lemmy do?

    9. Re:Copyright? by ewhac · · Score: 5, Insightful
      What utter sophistry. If this is the true state of intellectual "property" law in this country, I suggest you change specializations before your soul starts dissolving away.

      Playing a movie DVD constitutes a performance of a copyrighted work. A license to perform the work in a private residence is concomitant with the purchase of a copy. There is nothing anywhere that says how you must perform the work. The license is relevant only to the performance, not the performer. You may perform the work either in a super-uber high-end jewel-encrusted DVD player, or in a crufty piece of junk you bought second-hand at Salvation Army.

      ...Or, in a DVD player program you wrote yourself.

      I don't need "permission" to write a program, I don't need "permission" to run a program, and I don't need "permission" to have that program crunch on data in my lawful posession. The End. There is nothing inherent in the statutes or the Uniform Commercial Code that grants copyright holders the right to constrain the method of performance, nor can it be reasonably argued that they should enjoy such a right.

      As for the DMCA, well, that needs to be repealed yesterday.

      Schwab

    10. Re:Copyright? by Skreems · · Score: 4, Insightful

      That's all well and good, but it seems borderline illegal for them to give me something and then require that it only be used with other products they approve of. It's like car manufacturers putting special-shaped gas nozzles on, saying you can only fill up at licensed gas stations, and then suing you if you modify the nozzle to work with other stations.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    11. Re:Copyright? by cpt+kangarooski · · Score: 4, Informative

      A license to perform the work in a private residence is concomitant with the purchase of a copy.

      Utterly and hilariously wrong.

      No such license ever, ever, ever exists. The reason being that it is impossible to license something that you haven't got to begin with. Copyright is a limited collection of rights; it does not apply to every single thing in connection with a work. In particular, the right of performance is a part of copyright. But only of public performance. Copyright holders have no right whatsoever to control private performance. Not having that right, they cannot license others.

      Everyone has the right to privately perform any damn thing that they like. It's a part of free speech, and is not limited by copyright. Public performances are what's limited by copyright. Public performances are the performances that can be licensed.

      If you're going to complain about my knowledge of the law, it would help if you knew something about it first.

      In any event, we're not talking about copyright law, per se. We're talking about circumvention law, which for all anyone knows isn't even pursuant to the copyright power. It is its own beast, and in the case of DVDs at least, it operates as I have described it. The UCC is irrelevant to this discussion, as is anything other than 17 USC 1201 et seq.

      I agree that much of the DMCA is very bad, but I think that it's vital that people understand just how bad, without suffering from any misconceptions, such as yours, in order to get support for copyright laws that we can actually be happy with, if not proud of.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    12. Re:Copyright? by cpt+kangarooski · · Score: 3, Insightful

      I would say (and IANAL) that when a customer buys a DVD (s)he also obtains the implicit right to view it. It's not the consumer's issue how that technology is licensed.

      It is illegal for the consumer to access the work, if there is an access control, if the consumer lacks authorization. The studios never give consumers authorization (and the implied authorization argument has, so far, fallen flat). Rather, they authorize devices, which can be used by people who themselves lack authorization. That is, the authorization is an attribute which flows through the player, rather than the disk. (Though it's still attached to the player -- the owner doesn't have authorization, save for with regard to that player; a possessor of the player has authorization with regard to that player, even if he isn't the owner, etc.)

      From the programmers' point of view, as long as the code that they write isn't taken from a licensed user of the software, they're not violating copyright -

      This conversation is about access and circumvention. We are not talking about copyright, which is a different, though related subject.

      and as long as the primary purpose of the code is simply to view the DVD, then I think that that (at least arguably) keeps them on the good side of the DMCA.

      That argument has been tried, and it has failed. Feel free to keep trying a loser argument, but don't be surprised when it keeps on being a loser. I'm not suggesting how I want things to be, I'm describing how things are. You'll have better luck coping with this, and in changing things for the better, if you deal with reality, rather than pretend that things presently are how you wish they would be.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:Copyright? by KDR_11k · · Score: 2, Insightful

      Yes but the DMCA supercedes Fair Use.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    14. Re:Copyright? by tricorn · · Score: 3, Informative

      Actually, I own the disc, AND I own a copy of the contents, which I can use in any way not restricted by copyright. I don't own the copyright on the contents, but it is certainly an "authorized copy", and I've purchased it, I own it, and I have rights to use it in certain ways. When copyright law talks about "owner of an authorized copy", it isn't talking about the copyright owner, it's talking about ME.

    15. Re:Copyright? by WNight · · Score: 2, Insightful

      You do own the content. You merely lack the copying rights to make a duplicate of it legitimately. Seriously, space/media-shifting and backup allowances clearly show that you own the content, not just the plastic disc or paper book.

      Doesn't really matter though, you can't sell someone something without implicitly giving them permission to use the thing.

      If that means they need to decrypt it to view it, and you knew that, that must mean that you intend to let them use the product, or it wouldn't be a sale. (And the courts have ruled solid that, if it looks like a duck, it is. If you think you bought something, you did.) If you've given people the rights to decrypt it, that means it's not a DMCA violation (" ... without permission"), and thus legal.

      Further, as the MPAA would *have* to know this. Contract/Sale law is pretty well understood here. So for them to send a DMCA takedown they *must* be lying.

      Clearly, the law intends to stop unintended decryption - trying to put the files on P2P. Sure. But it's insanity to just assume that this applies to legitimate use of media you purchased legally.

      The MPAA have no leg to stand on, but they aren't above cold-blooded and calculated direct misstatements of fact, lies, of outright fraud as an reading of Hollywood history will show. What's a little intentional perjury? So like the RIAA they continue to send takedown notices against legit files, having sworn to be the rights-holder, etc, and continue to do so merely because nobody has enough money to punish them in court. Thieves.

    16. Re:Copyright? by Mattsson · · Score: 3, Interesting

      While you could contort this into meaning they've given you permission to decrypt it, they've not given you the right to obtain the keys you would need to do so.

      By selling me a HD-DVD/Bluray-disc, they give me permission to decrypt said content, but they do not give me the tools or keys to do so.
      When, for instance, Toshiba sell me an HD-DVD player, they sell me a tool to do the decryption with and a key, although a bit hidden.

      I now own an encrypted media-file and a key to decrypt it.
      What tool I use to decrypt this legally acquired file with my legally acquired key with should be no ones business but my own.

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    17. Re:Copyright? by cpt+kangarooski · · Score: 3, Insightful

      I'd be surprised if, in most cases, the DVD made for retail differed at all from the DVDs made for rental. In fact, they even tend to hit shelves at the same time. And in any event, it's also legal to rent any lawfully made copy of a DVD without special permission, so it would only matter for the big chains that could negotiate early access anyway. Also, the warning wouldn't need to be there for the distributor -- they would have a contract that would lay out all the terms.

      No, it's there to be read by end users, who will hopefully not question the strong wording.

      What I don't understand is why, if I've encoded something using AACS, that I own the copyright to, why I'm not entitled to give permission to any and all to use an AACS decryption program to decrypt my copyrighted work. Wouldn't that basically make possession and distribution of such a decryption program be unaffected by the provisions of the DMCA (since it would be "with the authorization of the copyright owner")?

      Or, in the world of regular DVDs, if you made CSS-encoded DVDs, couldn't you authorize people to use DeCSS, which would legitimize it? Feel free to give it a shot, but I doubt a court will go for it in the real world.

      Doing so doesn't automatically make any 3DES or AES decryption program a DMCA violation, that would be silly!

      A lot depends on the reasons for which someone distributes a copy. If RSA distributes a general-purpose decryption program using 3DES, then they'll be fine, even though it could be used against 3DES encrypted movies. If Doom9 does it, then they're not going to be fine, since they really only ever distribute anything for it to be used in conjunction with movies. That they might even be identical programs isn't relevant. Intent isn't something that is found in the bits of the program, but the law can still recognize and infer from the circumstances.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:Copyright? by DarkJC · · Score: 2, Insightful

      Then they should be suing the person who makes 400,000 copies of the content for copyright infringement. They shouldn't be suing the creator of the tool used, nor should the tool be taken down. It can be used legally to watch content I've legally bought.

  6. Isn't AACS encryption just AES? by RalphBNumbers · · Score: 4, Insightful

    Going by the 'logic' in the article, *all* AES implementations (i.e. software included on most of the world's computers) are forbidden by the DMCA.
    After all, someone somewhere might use any of them, along with a key acquired separately, to decrypt some media for which they don't own the copyright.

    --
    "The worst tyrannies were the ones where a governance required its own logic on every embedded node." - Vernor Vinge
    1. Re:Isn't AACS encryption just AES? by hcmtnbiker · · Score: 2, Funny
      Actually the DMCA reads like this:

      (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that - (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
      So there you have it. This is perfectly legal because AACS doesnt "effectively controls access."
      ------
      Infact that whole part of the law contradicts itself, if you have a technological measure that bipasses DRM, wouldnt that DRM not effectively control access to the work?
      --
      If i had one dollar for every brain you dont have, i would have $1.
    2. Re:Isn't AACS encryption just AES? by subreality · · Score: 2, Informative

      AES is just encryption. AACS also specifies a lot of key handling procedure.

      So no, it's not just AES, but IMO that doesn't make their claim much more credible.

  7. Single Page Thread by TubeSteak · · Score: 3, Informative

    http://forum.doom9.org/showthread.php?t=122770&pp= 40
    Coral Link

    &pp=40 works on most (all?) vBulletin boards.
    (The default is 20 posts per page)

    --
    [Fuck Beta]
    o0t!
  8. Turtles all the way down by $uperjay · · Score: 5, Interesting

    My web browser allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?

    My operating system allowed me to operate this web browser which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?

    My computer allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?

    My university's computer store sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?

    My government runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?

    My fellow citizens elected the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Are they in violation of the DMCA?

    Some MPAA members are citizens who elected the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Are they in violation of the DMCA?

    Some MPAA members worship a deity who allegedly convinced them to elect the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is He in violation of the DMCA?

    etc., etc.

    1. Re:Turtles all the way down by StikyPad · · Score: 4, Funny

      Some MPAA members worship a deity who allegedly convinced them to elect the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption... ...in the hole at the bottom of the sea.

    2. Re:Turtles all the way down by jimicus · · Score: 2, Insightful

      My computer allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption.

      Not to worry. With the advent of Trusted Computing, your next computer won't.

    3. Re:Turtles all the way down by mgiuca · · Score: 2, Funny

      Could God could create a DRM so secure even he himself couldn't crack it?

  9. Re:So what? by idonthack · · Score: 5, Insightful

    A man has to run from the law because he wrote a program that lets people watch videos, and you can't find anything wrong with that?

    --
    Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
  10. Absolutely correct... by TomRC · · Score: 5, Insightful

    "If BackupHDDVD does in fact decrypt encrypted content than per the DMCA it needs a license to do that."

    Yep - and the users who are entering keys for encrypted content should do exactly that. The software is no more a violation of DMCA than is the PC it runs on. Oh wait - I guess that's where we're headed, isn't it?

  11. Just? by dosius · · Score: 2, Interesting

    I believe a law written to keep people from doing what they want with what they set out money for is unjust, and my belief is that unjust law should be "flagrantly ignored". DMCA or no DMCA, this program should be ensured its place on the Internet. Not because it's a piracy tool, but because it's a tool promoting fair use - something the MAFIAA seems to have forgotten the existence of.

    -uso.

    --
    What you hear in the ear, preach from the rooftop Matthew 10.27b
    1. Re:Just? by Paradigm_Complex · · Score: 2

      They haven't forgotten about fair use at all. They just plain don't like it.

      --
      "A witty saying proves nothing." - Voltaire
    2. Re:Just? by TheVelvetFlamebait · · Score: 2, Insightful

      I believe a law written to keep people from doing what they want with what they set out money for is unjust
      And I say that if you plan to spend money on something to use in a way that's against the law, you probably should probably not go through with it.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  12. Publish the code PGP style by wiredlogic · · Score: 4, Interesting

    One easy runaround is to publish the code as a printed book like Zimmermann did for PGP. This takes away any "digital"-ness and reverts to normal, proper copyright law.

    --
    I am becoming gerund, destroyer of verbs.
    1. Re:Publish the code PGP style by Lifthrasir · · Score: 4, Funny

      You obviously haven't seen my handwriting . . .

      --
      No beer, no TV make Lifthrasir something something
  13. Bogus take-down request by cfulmer · · Score: 4, Informative

    Under section 1201(b) of the DMCA, offering to the public a "technology . . . that (A) is primarily designed . . . for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title."

    Section 512(c) is the part that specifies the notice-and-takedown provisions, but it appears to me that it only refers to infringing material.

    Note the difference: a circumvention device is not infringing material; it can be used to infringe, but unless it contains copyrighted code, it does not infringe by itself.

    Now, naming something 'BackupHDDVD' is probably enough to show its primary design. So, just like DeCSS, it's a circumvention measure. A takedown notice is just the wrong method to bring it down.

    1. Re:Bogus take-down request by cpt+kangarooski · · Score: 2, Informative

      Well, I think it's just a screwup with regard to what the people on the business end of it are calling it, really. It can't be a 512 takedown notice, since the program is not infringing even though it pretty certainly is a circumvention device. But it can be a regular old cease and desist notice. The main difference is that for 512 takedown notices, ISPs do what they're told in order to protect themselves from being sued, in accordance with the law that protects them so long as they obey the notices. For C&Ds, the ISP isn't protected anyway, but will probably have an easier time of it if they do what they're told. I doubt the lawyers that sent it actually called it a takedown notice in the context of 512.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  14. Re:Copyright? caveat by Anonymous Coward · · Score: 2, Insightful

    That's a violation of the DMCA

    in USA and applicable only to US residents

    the other 5.7 billion people can enjoy their HD rips

  15. Vote with your wallet, bring down MPAA. by liftphreaker · · Score: 5, Informative

    Yeah I know we're drooling over the resolution and quality of HD, but as a matter of principle, why note vote with your wallet and don't buy a single HD/BR movie? Or is it OK for us to be treated like criminals, in the hope that we accept such treatment?

    I know for sure that I won't be buying any HD/BR media, ever, till this DRM mess is sorted out.

  16. Mirror, mirror, on the wall... by Lethyos · · Score: 4, Funny

    Who has proliferated, most of all?

    --
    Why bother.
  17. Re:So what? by burnin1965 · · Score: 4, Insightful

    Technically, he wrote a program that enables one to violate the rights of content creators.

    Technically Toshiba has created a device which makes it possible for someone to violate the rights of content creators by playing an HD DVD movie in front of an audience using a Toshiba HD DVD player and a big screen HD TV.

    And technically speaking just because a law is passed by the Congress doesn't mean it is constituionally legal.

    burnin
  18. What the law said does not matter to **AA by khchung · · Score: 5, Insightful

    I have to wonder why so many post here still talks about how the DMCA do not apply, how the utility is legal, etc.

    Isn't it obvious by now that what DMCA and other laws really said never mattered to **AA? Lawsuits, DMCA notices, etc, are simply hammers to beat down any opposition so the **AA members can keep reaping profits with their outdated business models.

    As long as the hammers are useful, it will be used. Saying that the hammer is not made to hit people is not going to help. As long as DMCA notices can take down stuff they do not like, it will be used and abused. Saying that DMCA is not applicable here is not going to help.

    I don't know what should be done about these **AA tactics. However, I do know that telling a street thug that punching below the belt is unethical will be futile.

    --
    Oliver.
  19. You Misunderstand by mfh · · Score: 2, Insightful

    There is absolutely no need for anyone like this to do interviews unless they have some sort of self-congratulatory outlook on greyhat coding. Any number of onlookers, including slashdotters could tell exactly what was meant by certain actions or features in any project. The only people doing interviews are looking for attention and that's not the point, IMHO.

    --
    The dangers of knowledge trigger emotional distress in human beings.
  20. QTFairuse6 by AusIV · · Score: 4, Interesting

    If BackupHDDVD does in fact decrypt encrypted content than[sic] per the DMCA it needs a license to do that.

    Quite some time ago, slashdot ran this article about a program called QTFairuse6, which uses iTunes to decrypt Fairplay music. If that argument against BackupHDDVD is valid, QTFairuse6 should be fine because iTunes is doing the decryption, and iTunes is allowed to do that. I'm sure the RIAA would disagree, and I know inconsistent arguments work better in law than my line of work (CS), but that was my immediate reaction when I read the summary.

  21. How is it unauthorised by Ant+P. · · Score: 4, Insightful

    ...When the copyright owner has given the user both the encrypted data and the key to decrypt it with? Surely if they don't want people decrypting their secret content they wouldn't do something as stupid as that, would they?

  22. I can't unlock the door without the key! by Dachannien · · Score: 5, Interesting

    Okay, so this software requires a decryption key in order to work. By default, it doesn't include a key, and you have to enter it yourself. So, as shipped, it does not circumvent an encryption system, because it can't decrypt a ham sandwich if it doesn't have the key. Now, if you are licensed to use the decryption, then you will have a key that you can type in, and then this software will work. If you have a key that you're not licensed to use, then that's on you, not the author of the software.

    What this means is that the content cabal is asserting that they are the only ones with the right to encrypt using AACS by virtue of the fact that they are the only ones who can license others to decrypt using AACS. If I decide I want to encrypt something with AACS, I'm going to need a player that decrypts it. I don't need the content cabal's sacred keys - I just need the keys that I generate to decrypt my own work. This software provides the mechanism for applying my keys to my content.

    In other words, if there's an "intellectual property" issue here, it's not copyright, and therefore, not DMCA-related. There may be applicable patents being violated here, though, which is how the content cabal keeps a strangehold on implementations of AACS (and CSS) to ensure that they fulfill their draconian content control functions like region codes and UOP.

  23. Re:I should... - the cartoon version by Adeptus_Luminati · · Score: 5, Funny

    I have a fox-trot cartoon clip in my cubicle

    In it, the kid is sitting at his computer rubbing his hands and licking his lips. His mother asks him what he is is doing...

    Mother: What are you doing?
    Kid: I'm creating digital music. The first song I'll call "0" and the second I'll call "1".
    Kid: Anybody who then publishes CDs with replicas of my content will be sued for Trillions of dollars due to Billions of instances of copyright infringements! MPAA & RIAA will be my first victims.
    Mother: Remind me not to allow you to go to law school.
    Kid: Ahhhh! To live in America! (dollar signs in his eyes).

    Adeptus

    --
    No trees were killed in the making of this post; however, many trillions of electrons were horribly inconvenienced.
  24. Re:Of course it's illegal by Sancho · · Score: 2, Interesting

    I don't think they can have it both ways. If distributing the program is illegal, then distributing the keys must not be (after all, the key is not a program which can decrypt the copyrighted video). This should actually make things easier, since the keys are the hard part to find (any idiot can implement an algorithm that's an open specification).

  25. Re:Moving? by twistedcubic · · Score: 4, Funny


    Try New Zealand:

    - Relatively low murder rate
    - Democracy in more than name only
    - Mostly WASP population
    - English Speaking - Technologically forward looking
    - Good infrastructure
    - No thought police, DMCA or Dumbya.


    Is this one of those puzzles where you try to figure out the item in the list which doesn't belong?

  26. Re:Moving? by limecat4eva · · Score: 2, Interesting

    "- Mostly WASP population"

    Yeah, I hate diversity too! Seriously, how is that a selling point?

    --
    comma
  27. Re:Of course it's illegal by muonman · · Score: 3, Interesting

    Perhaps because the wording of the First Amendment makes it very clear that the DMCA is illegal.

    Of course, YMMV.

    --
    Anything NOT worth doing is NOT worth doing well...
  28. Re:So what? by Yartrebo · · Score: 2, Informative

    Communist theory forbids IP as it is private property of a most despicable sort, but last I checked China has copyright, patent, and trademark laws (even if not enforced too much), making them hypocrites, just like they are in saying that they represent the people.

    Of course, the US is far worse in this regard, but then again they don't claim to be communist.

  29. Re:So what? by civilizedINTENSITY · · Score: 5, Interesting

    His point was that if you take that player outside and have a block party, you've just used said device to violate copyright. Can't even have a movie day at the Library with materials in the library (although you can still read to children there...)

  30. Technically it IS illegal. by Jartan · · Score: 4, Insightful

    The problem is they are correct that this IS illegal. The DMCA is a law and it prohibits this activity. Now of course the DMCA itself is illegal as well which means they'll just use it as a club against someone but drop the case before it can be proved unconstitutional.

  31. Re:So what? by BronsCon · · Score: 5, Interesting

    Technically, he wrote a program that enables one to violate the rights of content creators.
    Technically, it needs the keys in order to decrypt the media. The supposed illegality of this is speculative, at best as it circumvents nothing.

    If the program decrypted the content without input from the user, in the form of keys, it certainly would enable one to violate the rights of copyright holders.

    Of course, you can probably google for the keys needede to decrypt at least a few discs (I really don't care, since I don't have the proper discs or drive, anyway), but, if you're going to do that, you may as well just grab the .torrent while you're at it.

    I guess, next, they'll go after Plasmon, MTS, Mitsubishi and others for making HD-DVD glass-master and pressing equipment, which can be used to make illegal copies as well? And many an AC on /. will support them for it, regardless of the fact that this is the same equipment used to make the original; without it, there would be nothing to copy.
    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  32. Ignore the law all you want by idonthack · · Score: 2, Insightful

    But the police won't.

    --
    Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
  33. MPAA response by Ken_g6 · · Score: 2, Insightful

    My web browser allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Absolutely! You must use Internet Explorer 7.

    My operating system allowed me to operate this web browser which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Of course! You must install Windows Vista.

    My computer allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Definitely! You must buy a computer with a Trusted Computing module.

    My university's computer store sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Certainly! The store must sell only computers with a Trusted Computing module, running Windows Vista.

    My government runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Probably. The government must only use computers with a Trusted Computing module, running Windows Vista.

    My fellow citizens elected the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Are they in violation of the DMCA?
    Some of them are. They've been sued, haven't they?

    Some MPAA members are citizens who elected the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Are they in violation of the DMCA?
    There may be a few, but they're being rooted out as we speak.

    Some MPAA members worship a deity who allegedly convinced them to elect the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is He in violation of the DMCA?
    Without question! In His omniscience, He "imports...any technology, product, service, device, component, or part thereof, that - (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;".

    Next, on Slashdot, the MPAA sues God for decrypting all their copyrighted works! ...or is that Boston Legal?
    --
    (T>t && O(n)--) == sqrt(666)
  34. Picked a bad example by wmansir · · Score: 5, Informative

    DVD Decrypter is easy to find, but Lightning UK was forced to stop development and take down the original site because of legal threats. Fortunately he continued to develop the excellent burning portion of the program with ImgBurn. As a result of the legal threats DVD Decrypter itself is now outdated as it cannot handle the some of the latest copy protections without assistance. RipIt4Me is a much better option for the latest DVD releases.

  35. Re:So what? by Hal_Porter · · Score: 4, Informative

    Can't even have a movie day at the Library with materials in the library (although you can still read to children there...)

    Technically, under the DMCA, you have to brainwipe the children afterwards.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  36. Re:really there are 4 ..... by KDR_11k · · Score: 3, Insightful

    Trade secrets don't apply since the document describing AACS is released to the public. Hard to claim something as secret if you've told everyone about it already.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  37. Not illegal by ajs318 · · Score: 4, Insightful

    The important phrase is "without the authority of the copyright holder". If you own the disc, you are entitled by sole virtue of ownership to use it for its rightful purpose -- which (assuming it is just an ordinary, home-viewing sell-through disc) is to watch the movie stored on it, in private. The copyright holder cannot prevent you from doing that, without rendering the disc unfit for its rightful purpose (and therefore owing you a refund of the purchase price you paid).

    Go ahead and decrypt. Either you do have the authority of the copyright holder, or the disc is unfit for purpose and you are owed a full refund. In either case, you will find your purchase receipt very helpful.

    --
    Je fume. Tu fumes. Nous fûmes!
  38. Re:So what? by Library+Spoff · · Score: 2, Interesting

    probably off topic but....

    We used to be able to purchase DVD`s from any store and rent them out in the library i work in - much in the same way we do with cd`s. It was costing us roughly £12 per dvd. But because the movie industry is losing SO much cash hand over foot we now have to purchase the special rental copies from suppliers at roughly £40 a copy. We can`t afford to buy as many dvd` - so they lose more money. Go figure...

    --
    Acid House saves Souls
  39. MPAA Fires Back at AACS Decryption Utility - Spec by dbcom · · Score: 2, Interesting

    Anyone notice that the 2 of the spec files at the AACS site are unavailable?

  40. Re:Moving? by veganboyjosh · · Score: 3, Funny

    by EvilIdler (21087) Alter Relationship on Wednesday February 28, @09:30PM (#18190720) (http://purehatred.org/) Doesn't New Zealand also have some unusually strict laws against certain types of horror movies?

    there's a joke in here somewhere.

  41. DMCA all the way by remmelt · · Score: 2, Insightful

    The real question is: can they take away the right you have to do with your property what you want? You buy a BR (or DVD, for that matter). You want to watch it on Linux. What now? Can they say: you cannot do that? Your analogy with breaking in is a straw man. You have been given the right to watch the movie on your equipment. It doesn't specify what equipment anywhere on the disk, the receipt or in the store. Copyright laws say that I cannot distribute the content without permission. I'm not doing that. I can't display it publicly, not doing that either. Can't make illegal copies, not trying to do that. I just want to watch the movie.

    Saying that I can only peruse the film on a "licensed device" is racketeering (I'm looking at you, iTunes!)

    The only protection they have is their flimsy "encryption". Flimsy because it gets broken by a couple of guys in a couple of weeks (thanks doom9 people!) Because the RIAA/MPAA/etc aren't THAT stupid, they pushed for the DMCA with its non-circumventing rule. You cannot legally break encryption, even if you are not breaking the copyright it protects. Let me say that one more time. You can't break the encryption on your legally bought disks, even when you just want to watch the movie. Said in yet another way: every person in the USA watching a DVD on their Linux system is a criminal under the DMCA.

    > To do so you have to be privy to secret information (i.e. keys). To obtain these you must be an AACS LA licensee, or obtain them illicitly.
    It's only illicit because of the DMCA. There is nothing wrong with me opening the hood of my car, replacing a couple of parts and driving off if that suits my fancy. The car is mine, the manufacturer has nothing to say about it any more (bad car analogy: cars aren't usually copyrighted. But you get my point)

    > While you could contort this into meaning they've given you permission to decrypt it, they've not given you the right to obtain the keys you would need to do so.
    I don't understand how you can say that. They have obviously given me explicit permission to watch the damn movie. The movie is encrypted. Do I need to spell it out? How does it NOT follow that I can decrypt the movie? It's so obvious that it's painful. Again, the only protection they have from me doing what I'm supposed to do with the movie is the DMCA.

    What the **AA successfully does is turn the copyright system into a "we can say what you can do with our stuff because of copyright". Copyright law was never intended that way. Copyright gives the holder a government granted, limited monopoly on distribution. The starting point is that we can do with our stuff what we want. Anything. Copyright was invented to give artists incentive to make more of their art by giving them a short monopoly over the distribution, making them the only selling point of the art, so they can make money. It's like the difference between opt-in and opt-out. It used to be that we could do anything, except for a few things (ie distributing content), for a short time (some years), because of the copyright. The **AA makes it sound like we can do nothing because the content is theirs, except for the few things they allow. This is wrong because it goes against the grain of the law.

  42. Re:So what? by SkyDude · · Score: 2, Informative


    But because the movie industry is losing SO much cash hand over foot we now have to purchase the special rental copies from suppliers at roughly £40 a copy. We can`t afford to buy as many dvd` - so they lose more money. Go figure...

    Well, in this case, you should be blaming the Screen Actors Guild or whatever unions control talent. The rental versions cost more because a big chunk of the additional money goes to the actor's unions (SAG, etc). This was negotiated years ago when the unions realized what a cash cow videotape movies for home use was. The studios have to honor the contract to keep from getting sued.

    --
    == First cross river, then insult alligator.
  43. More accurately: he shared by Overzeetop · · Score: 2, Insightful

    He has to run from the law becuase he shared his work. It is perfectly legal to create a decryption system to decrypt discs you own. You just can't share it with anybody. That's the catch-22 in the fair use provisions of the DMCA - you're allowed to excecise your fair use rights and decrypt works you own (i.e. have a non-exclusive licence to), but the law forbids anyone from distributing such tools, meaning you have to develop it yourself.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  44. Do Something About it: Pass the FAIR Use Act by rzanerutledge · · Score: 2, Informative

    While we're all spending time here grumbling about it, how about spending 2 minutes contacting your representative -- Support Rick Boucher and John Doolittle's FAIR Use Act, which is a good first step at removing some of the entertainment industry's most draconian anti-innovation weapons and chipping away at the DMCA's broad restrictions on fair use. Take action now and tell your representative to help restore balance in copyright now: http://action.eff.org/site/Advocacy?id=271

  45. Re:What we need... by Anonymous Coward · · Score: 2, Informative

    Just use Backup HDDVD (which is in Java) along with this key: 0xAA856A1BA814AB99FFDEBA6AEFBE1C04