Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology[321 Studios]

[Jeme A Brelin <jeme(at)brelin.net>]

On Fri, 27 Feb 2004, Ole Craig wrote:
> 	The opinion cites Corley (272 F.3d at 444) and says "This Court
> agrees with the Corley court that the purchase of a DVD does not give to
> the purchaser the authority of the copyright holder to decrypt CSS."
>
> 	Does the court still not realize that decryption is necessary in
> order to view?
>
> A. I have purchased a DVD.

The court has only commented on THAT condition.

> B. I have purchased licensed DVD player hardware.

Licensed by whom and how?  I don't think my computer's DVD player carries
a DVDCCA license... but I'm not certain.

> C. I have signed no license agreement with the DVDCCA.

And neither has the copyright holder, if you recall.  Remember the DVD
mastering form that was posted here a couple of years ago?  There was a
checkbox for CSS scrambling, but no comment on how that enters you into a
contract with the decoder manufacturers or anyone else (i.e., no chain of
authority).

> D. In order to view the content on the DVD, it must somehow be
> 	decrypted.
>
> Decryption does not occur magically; it is performed by my computer at
> my instruction. The computer is a proxy for my action, not an actor
> itself. If, as the court opines, the combination of (A & B) does not
> confer *upon me* the "authority of the copyright holder" which is
> required to decrypt, and furthermore given (C); how am I legally clear
> of the DMCA when (D) occurs as I play my DVD?

Where doe sthe court mention B?  Did I miss that?

J.
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     Jeme A Brelin
    jeme@brelin.net
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