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