[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes:
> Steve Langasek <[EMAIL PROTECTED]> writes:
>
>> On Wed, Jul 30, 2003 at 09:09:10AM -0700, Thomas Bushnell, BSG wrote:
>> > Steve Langasek <[EMAIL PROTECTED]> 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.
-Brian
> 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 [EMAIL PROTECTED]
http://www.evenmere.org/~bts/
