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[dvd-discuss] Limited Times again...
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: [dvd-discuss] Limited Times again...
- From: "Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>
- Date: Thu, 6 Feb 2003 09:00:21 -0800
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
Here's another argument against not allowing copyright protection for the distribution of works that are encrypted.
We know that it is possible to devise cryptographic schemes that require decades if not centuries of dedicated supercomputer time to break. Aside from the fact that it is highly unlikely that a super computer can work for centuries without a breakdown, obsolesence, or that anyone would spend centuries of CPU time to break the encryption, then by the use of strong encryption, the monopoly is extended beyond the lifetime of copyright both in a practical sense as well as logically demonstratable. Therefore, the distribution of copyright material with strong encryption violates the limited time clause in the Constitution and COngress cannot confer the monopoly of the copyright upon the creator.
The the question then becomes if one allows copyright for weaker encryption, then it must be weak enough that it can be broken (ie. determine the secret key) by someone in a "reasonable" time to prevent perpetual copyright. But this is not allowed by the DMCA. Ergo the DMCA is in conflict with the copyright clause. The alternative to the secret key is to require key escrow. Who holds the key in escrow? Since the key must be held in escrow until the end of copyright only an organization that will be around can hold it. The only organization guaranteed to be is the granter of the copyright since if they are not around then without enforcement "moral rights" are just empty posturing. All of this is predicated upon the fact that the holder of the copyright doesn't distribute the work in a new media with a new key or put another key into their licensed players.