[mythtv-users] Now legal to decrypt DVDs?

Gabe Rubin gaberubin at gmail.com
Mon Jul 26 19:30:12 UTC 2010


On Mon, Jul 26, 2010 at 12:18 PM, Greg <greg12866 at nycap.rr.com> wrote:
> I found this article today. It's a bit vague...
>
> http://www.betanews.com/article/DMCA-revised-unlocking-jailbreaking-phones-ebook-texttospeech-deemed-fair-use/1280166064

The Library of Congress (office of the Registrar of Copyrights, which
is tasked with evaluating proposals for exceptions to the DMCA and
come up with the actual exceptions) allows decryption for taking
clips, not full decryption for playback (i.e., it is for coying the
work out to a new creative work such as a documentary).  So this
changes nothing for linux users playing back DVDs protected by CSS.

Coincidentally, today also saw the Fifth Circuit release an opinion
dealing with the DMCA that is a lot more relevant to the question of
decrypting DVDs.  I have not read the opinion, but there is this
quote: "Merely bypassing a technological protection that restricts a
user from viewing or using a work is insufficient to trigger the
DMCA's anti-circumvention provision. The DMCA prohibits only forms of
access that would violate or impinge on the protections that the
Copyright Act otherwise affords copyright owners... The owner's
technological measure must protect the copyrighted material against an
infringement of a right that the Copyright Act protects, not from mere
use or viewing."

This is just the Fifth Circuit so it does not change the law of the
land outside of that circuit and it does seem that other circuits are
split on this issue.  Eventually, it could go the Supreme Court, which
would establish the legal principal on this issue (or the Supreme
Court could reject hearing this or similar cases).


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