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[dvd-discuss] encryption and limited time



What about the argument that congress cannot copyright protect an encrypted
file if it does not mandate that an unencrypted file be released ones the
copyright term expires.

Since no such mandate exist right now (as far as I know), you could say that
encrypted dvd's are not copyright protected, thus DeCSS isn't circumventing
any copyrighted work.

This would come from the copyright clause 'limited time' provision.  The
idea is that an encrypted file in the public domain is not sufficient for
the 'limited time' provision, but that it needs to be an unencrypted
version.