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Re: Bug#156287: Advice on Drip (ITP #156287)

tb@becket.net (Thomas Bushnell, BSG) writes:

> Steve Langasek <vorlon@netexpress.net> writes:
>> On Wed, Jul 30, 2003 at 09:09:10AM -0700, Thomas Bushnell, BSG wrote:
>> > Steve Langasek <vorlon@netexpress.net> writes:
>> > 
>> > > This is an arbitrary distinction that has no clear basis in the law.
>> > > You are also circumventing CSS by playing the DVD in question (viewing
>> > > is also a form of "access").  Remember that CSS is a standard developed
>> > > by a consortium of DVD *player manufacturers*, to maintain their
>> > > hardware profits.
>> > I believe this is not correct.
>> In what regard?
> I believe that the circumvention in question, under the DMCA, is
> specifically only circumvention which is a copy protection mechanism.
> The CSS is not a copy protection mechanism, in any sense of the term.
> It is rather a mechanism designed to enforce region coding.  
> It is not correct that CSS was developed by hardware player
> manufacturers in order to maintain their profits.  All the players can
> always play an unencrypted DVD.  It is the studios that choose to
> encrypt, and they do so to enforce region coding, and staged
> geographic releases and differential pricing.
> The distinction was between playing and copying of movies by means of
> decrypting CSS.  You assert that viewing is a form of "access" (which
> indeed it is), but this misses the point that the DMCA covers only a
> copy-protection scheme, not an "access protection scheme".

DMCA 1201(a)(1)(A):  No person shall circumvent a technological
measure that effectively controls access to a work protected under
this title. The prohibition contained in the preceding sentence shall
take effect at the end of the 2-year period beginning on the date of
the enactment of this chapter.

DMCA 1201(a)(3)(A): As used in this subsection, to ''circumvent a
technological measure'' means to descramble a scrambled work, to
decrypt an encrypted work, or otherwise to avoid, bypass, remove,
deactivate, or impair a technological measure, without the authority
of the copyright owner; and

You've apparently only read 1201(b), which covers circumvention of
mechanisms protecting other Title 17 rights.


> I do agree with your broader point that if we can ship libdvdcss, we
> can ship applications that use it.
> I also agree that, if it's feasible, a lawyer's advice would be useful
> here.
> Thomas

Brian T. Sniffen                                        bts@alum.mit.edu

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