Re: [dvd-discuss] AVRA sues Warner Home Video

["Peter D. Junger" <junger(at)samsara.law.cwru.edu>]

Noah silva writes:

: Seriously, though.. a strictly movie DVD is (IMO) not a program, it is a
: huge encrypted data file.
: 
: Of course a DVD can have programs on it too...
: 
: Or it can have both (like this one with the virus recently).
: 
: Asking if a DVD is a program is asking if a CD is a program.
: A Video CD or an Audio CD I would say isn't, just as a CD full of text
: files or mpeg movies.
: A CD with EXE files, etc., cintains programs (it still isn't a program).
: 
: the hairyness comes when.. it's got word docs, but they have macros,
: it's got HTML .. with javascript, etc.

The question as to whether something is a ``program'' is difficult to answer
without a context.  In the context of the United States Copyright Act
a computer program is defined as:

  A "computer program" is a set of statements or instructions to be used directly or 
  indirectly in a computer in order to bring about a certain result.

[17 U.S.C. Sec. 101]

Under this definition, since "statements" clearly means "data," while "instructions"
means "instructions," any digital file---at least any digital file that is to be
used in a computer---is a computer program.  The term ``computer'' is undefined, but
there can be no doubt that a Windows box is a computer---even if it is a rather
defective one---and since video DVD's are used on Windows boxen to bring about a certain
result---a purgation of pity and fear, or something like that---it follows that
Video DVD's are computer programs under U.S. Copyright law, including the DMCA.

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists