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[4.8] What is DeCSS?
CSS (Content Scrambling System) is an encryption
and authentication scheme intended to prevent DVD movies from being
digitally copied. See 1.11 for details. DeCSS refers to the general process of defeating
CSS, as well as to DeCSS source code and programs.
Computer software to decrypt CSS was released to
the Internet in October 1999, although other "ripping" methods were
available before that (see 6.4.2). The difference between circumventing CSS encryption
with DeCSS and intercepting decrypted, decompressed video with a
DVD ripper is that DeCSS can be considered illegal under the DMCA
and the WIPO treaties. The DeCSS information can be used
to "guess" at master keys, such that a standard PC can generate
the entire list of 409 keys, rendering the key secrecy process useless.
In any case, there's not much appeal to being able
to copy a set of movie files (often without menus and other DVD
special features) that would take over a week to download on a 56K
modem and would fill up a 6G hard disk or a dozen CD-Rs. An alternative
is to recompress the video with a different encoding format such
as DivX (see 2.10) so that it will take less space, but this often results
in significantly reduced picture quality. In spite of lower data
rates of DivX et al, the time and effort it takes to find and download
the files is not worth the bother for most movie viewers. The reality
is that most people ripping and downloading DVDs are doing it for
the challenge, not to avoid buying discs.
The supporters of DeCSS point out that it was only
developed to allow DVD movies to be played on the Linux operating
system, which had been excluded from CSS licensing because of its
open-source nature. This is specifically allowed by DMCA and WIPO
laws. However, the DeCSS.exe program posted on the Internet is a
Windows application that decrypts movie files. The lack of differentiation
between the DeCSS process in Linux and the DeCSS.exe Windows application
is hurting the cause of DeCSS backers, since DeCSS.exe can be used
in the process of copying and illegally distributing movies from
DVD. See Tom Vogt's DeCSS central for more information on
DeCSS.
Worthy of note is that DVD piracy was around long
before DeCSS. Serious DVD pirates can copy the disc bit for bit,
including the normally unreadable lead in (this can be done with
a specially modified drive), or copy the video output from a standard
DVD player, or get a copy of the video from another source such
as laserdisc, VHS, or a camcorder smuggled into a theater. It's
certainly true that DVD piracy is a problem, but DeCSS has little
to do with it.
Shortly after the appearance of DeCSS, the DVD CCA filed a lawsuit and requested a
temporary injunction in an attempt to prevent Web sites from posting
(or even linking to!) DeCSS information. The request was denied
by a California court on December 29, 1999. On January 14, 2000,
the seven top U.S. movie studios (Disney, MGM, Paramount, Sony [Columbia/TriStar],
Time Warner, Twentieth Century Fox, and Universal), backed by the
MPAA, filed lawsuits in Connecticut
and New York in a further attempt to stop the distribution of DeCSS
on Web sites in those states. On January 21, the judge for the New
York suit granted a preliminary
injunction, and on January 24, the judge for the CCA suit in
California reversed his earlier decision and likewise granted a
preliminary
injunction. In both cases, the judges ruled that the injunction
applied only to sites with DeCSS information, not to linking sites.
(Good thing, since this FAQ links to DeCSS sites!) The CCA suit
is based on misappropriation of trade secrets (somewhat shaky ground),
while the MPAA suits are based on copyright circumvention. On January
24, 16-year old Jon Johansen, the Norwegian programmer who first
distributed DeCSS, was questioned by local police who raided his
house and confiscated his computer equipment and cell phone. Johansen
says the actual cracking work was done by two anonymous programmers,
one German and one Dutch, who call themselves Masters of Reverse
Engineering (MoRE).
This all seems to be a losing battle, since the
DeCSS source code is available on T-shirts and was made publicly
available by the DVD CCA itself in court
records--oops! See Fire, Work With
Me for a facetious look at the broad issue.
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