[dvd-discuss] my pithy analysis: is an mpeg-2 file a "work?"

[Matt Perkins <section1201(at)yahoo.com>]

Hello -- I apologize if this has been covered in the
past:

I have an idea which might challenge the
anti-circumvention laws, as applied to DVDs and
perhaps other things.  I'm sure I'm missing something
(or a lot of somethings), so please be gentle ...


* * * * *

Assumptions:

1.) A coyrighted work fixed into a digital format has
the same protection under copyright law, regardless of
the digital format employed.  So, an HTML novel has
the same copyright status as a Word 97 novel.  One
cannot violate the copyright only in the HTML version;
one can only violate the copyright in the work, the
novel.  

2.)  A digital copy of a copyrighted work IS NOT a
copyrighted work in and of itself.  If this assumption
is false, then MGM obtained a new 95-year term on its
DVD of "The Wizard of Oz," released in 1997 (and
Warner in 1999, when re-released by that studio). 
That cannot be so.  Copyright protects the expression,
not the medium or format used in conveying that
expression.

3.)  The CSS architecture restricts access to one or
more MPEG-2 datafile(s).  [Is this true? Sorry ...
does CSS encrypt the entire disc file (menus,
navigation commands, etc.), or just the VOBs?]

4.)  The CSS-encrypted datafile is available for the
user to access without restriction.

Conclusions:

5.)  An MPEG-2 datafile is not a copyrighted work. 
(See assumption 2.)  Therefore, CSS is not a
"technological protection measure which effectively
controls access to A WORK PROTECTED under [the
Copyright Act]."

6.)  If an MPEG-2 datafile does, in fact, derive some
copyright status merely because it may convey a
copyrighted work, then the CSS-encrypted datafile must
also derive copyright status from the same mechanism. 
To conclude otherwise would violate assumption 1.

7.)  Since the CSS-encrypted file (conclusion 6)
conveys the copyrighted expression without any
technological restriction, there is NOTHING in a CSS
DVD which "effectively controls access to a work
protected under [the Copyright Act]."

* * * * *


Brain ... running in circles ... please help!
:)

--mattperkins/minneapolis


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