Re: Bug#223961: libdvdread3: makes download of possibly illegal libdvdcss too easy
On Sun, Dec 14, 2003 at 11:16:11PM +0100, Andreas Metzler wrote:
> Adrian Bunk wrote:
> > Package: libdvdread3
> > Version: 0.9.4-3
> > Severity: critical
>
> > The debconf note says:
>
> > <-- snip -->
>
> > Many DVDs use css. To play these, a special library is needed to
> > read them, libdvdcss. Debian cannot distribute this library
> > according to some laws, but it is available on other places on the
> > internet for download. Run
> > `/usr/share/doc/libdvdread3/examples/install-css.sh' to download and
> > install it.
>
> > <-- snip -->
>
> > These "some laws" not only prevent distribution of libdvdcss, they
> > also disallow the use of libdvdcss in some countries (e.g. in Germany).
> [...]
>
> It is rather dubious and not proven in court that using libdvdcss
> for *playing* DVDs (not copying them) is indeed illegal in Germany. I
> suggest further discussion on -legal.
It's at least a grey area, and most likely in more countries than just
Germany.
If you as a private person say "I think it is legal to use libdvdcss for
playing DVDs", it's your choice.
But for a user, it should be very clear that there are legal risks when
using libdvdcss.
Besides this, is it 100% clear that the debconf note and install-css.sh
couldn't fall under some forbidden promotion or distribution clause in
Germany or other countries which would also bring legal risks for all
mirrors and distributors of Debian [1]?
Note that I'm not happy with the legal situation of libdvdcss, but even
if it would succeed in the end, a lawsuit with it's costs against users,
mirrors and/or distributors of Debian would cause serious harm for
Debian.
@Nathanael:
The German copyright law was changed, and it does now prohit the
circumvention of copyright protection.
You might be sued by the copyright holder (with at least the costs of
the lawsuit), and if you do it not only for your private use, the
penalty is up to one year in prison.
I'm referring to the German "Gesetz ueber Urheberrecht und verwandte
Schutzrechte", especially the paragraphs 95a, 97 and 108b.
> cu andreas
cu
Adrian
[1] in Germany, it's not clear to me how much a judge _might_ interpret
into paragraph 95a (3) of the German copyright law
BTW: Please Cc me on replies, I'm not subscribed to debian-legal.
--
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"Only a promise," Lao Er said.
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