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