Slashdot Mirror
CSS of DVDs Ruled 'Ineffective' by Finnish Courts
An anonymous reader writes "The CSS protection used in DVDs has been ruled "ineffective" by Helsinki District Court. This means that CSS is not covered by the Finnish copyright law amendment of 2005 (based on EU Copyright Directive from 2001), allowing it to be freely circumvented. Quoting the press release: ' The conclusions of the court can be applied all over Europe since the word effective comes directly from the directive ... A protection measure is no longer effective, when there is widely available end-user software implementing a circumvention method. My understanding is that this is not technology-dependent. The decision can therefore be applied to Blu-Ray and HD-DVD as well in the future.'"
It's an interesting concept though - if you can crack the system, and the cracks are easily obtainable in enduser products, then it is - for the purposes of the courts - not really encrypted. I like that thinking.
Is it just my observation, or are there way too many stupid people in the world?
That might have been true in the past. In the age of the Internet, cracks can almost instantly become widespread.
Res publica non dominetur
There's a very distinct (and important!) difference between bypassing enforcement technology and violating copyright.
Copyright law spells out how to tell if a use of copyrighted works is infringing or not, and provides a list of examples of non-infringing use.
However, enforcement technology may well prevent you from doing any sort of copying; even what is explicitly provided as an example of allowable use! Bypassing the enforcement technology for this purpose is clearly not a violation of the owners copyright.
So, circumventing the enforcement tech, and violating copyright are two seperate things.
Now, to continue on a slightly different topic... Why should circumvention be illegal in the first place? Copyright law already handles every case where someone who is circumventing the enforcement is doing something you'd classify as wrong. It seems to add redundancy, and more importantly, target a new class of people... namely those who are trying to excersize thier fair-use rights.
I'll leave it up to you to speculate who could want such legislation and why they'd want it. I'm pretty sure you can figure out my thoughts on it, I'll leave you to develop your own.