Re: Bug#223961: libdvdread3: makes download of possibly illegal libdvdcss too easy

[Andreas Metzler <ametzler@downhill.at.eu.org>]

On Mon, Dec 15, 2003 at 11:37:38PM +0000, Brian M. Carlson wrote:
> On Mon, Dec 15, 2003 at 06:50:10PM +0100, Adrian Bunk wrote:
> > 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
[...]
> > > 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.

> Ignorance of the law is no excuse. If I choose to use an MP3 encoder in
> this country without paying Frauenhofer and Thomson exorbitant fees, I'm
> taking that risk. Any reasonable user should already know that libdvdcss
> is dangerous, and if one doesn't want one's door battered in by the
> cops, one shouldn't use it.
[...]

Afaik the German Law is stricter than that. It is verboten to describe
ways to circumvent an "wirksamer Kopierschutz". (a copy protection
method that is working.), e.g. you might get in trouble with respect
to criminal law if you post an article to German usenet, describing
how to copy copy-protected CD foo with program bar.

If this issue applied to libdvdcss2 Debian would be in trouble.

However if you copy copy-protected CD foo with program bar at home you
won't be persecuted by criminal law, but the manufacturar might start
private action against you, claiming compensation.

Now try to apply the latter on "playing a DVD with xine using
libdvdcss2" instead of "copying a CD", I really cannot see which
damage the DVD manufacturarer could claim compensation for.
                   cu andreas
-- 
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