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 216

Attack space on Disk Key is 225

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 216

Attack space on Disk Key is 225

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