The DMCA, DeCSS, Copyrights and the First Amendment
Universal Studios v. Reimerdes MPAA encrypts DVDs using the CSS algorithm 2600, an online magazine, posts both source code of DeCSS and links to mirror pages. MPAA sues 2600 for copyright infringement
CSS Algorithm
Potential Attacks on CSS CSS uses a small 40 bit key Attack space on a movie file is 2 16 Attack space on Disk Key is 2 25 Attack using known player key is DeCSS
Streamcipher 2 Linear Feedback Shift Register LFSR1 is 17 bits LFSR2 is 25 bits
Potential Attacks on CSS CSS uses a small 40 bit key Attack space on a movie file is 2 16 Attack space on Disk Key is 2 25 Attack using known player key is DeCSS
Universal Studios v. Reimerdes Encryption protects property, and under DMCA section 1201, anti-circumvention measures are illegal. Posting to the internet is illegal distribution Prohibiting owners from profiting from their work is infringement
Digital Millennium Copyright Act Prohibits the circumvention of encryption schemes designed to protect copyrighted works Creates prohibitions on devices designed to circumvent copy-protection mechanisms
Universal Studios v. Reimerdes Encryption protects property, and under DMCA section 1201, anti-circumvention measures are illegal. Posting to the internet is illegal distribution Prohibiting owners from profiting from their work is infringement
Fair Use Copyrighted material may be used without permission or compensation under some circumstances Parody, educational and archival uses The DVD encryption scheme prevents such uses The DMCA makes exemption for the exercise of fair use
Source Code as Speech Junger v Daley – Source code is a method of exchanging ideas and is thus protected Bernstein v. US Dept of State – instructions, technical information and manuals are functional but are still protected as speech
Source Code Takes Action 2 kinds of speech - pure, and expressive Algorithm is an idea, an English description is still pure speech. An executable is a series of commands which cause a computer to perform an action. Source code falls between the two, but is closer to an executable than to English.
Conclusion The court finds in favor of the MPAA The DMCA was correctly applied Serious questions remain about the constitutionality of the DMCA