[dvd-discuss] Comparing DeCSS with legitimate code.

[Mark Roberts <maroberts(at)dial.pipex.com>]

I understand that DeCSS has been defended on the grounds that it allows 
legitimate playback of DVDs on operating systems for which no DVD player 
exists. Has it been pointed out to the court that every legitimate DVD 
player in the world has code which performs exactly the same function as 
DeCSS  ?

Since the code in DVD players is not designed for "circumventing a 
technological measure" [1201-2(A)], it is impossible for DeCSS to have 
been primarily designed for circumventing a technological measure. 
Similarly, since the code in DVD players has an obvious "commercially 
significant purpose" [1201-2(B)], it cannot be said that DeCSS does not 
have a commercially significant purpose. Indeed it can be argued that 
DeCSS is example template code which could be used commercially embedded 
in a legitimate DVD player to alow legitimate playback of DVDs.. No 
functions of DeCSS specifically allow copying or circumvent the 
technological measures that protect the DVD.

Since there is NO difference between DeCSS and any code whichj 
legitimately retrieves information from a DVD player, it cannot be said 
that DeCSS breaches the DMCA, as it specifically meets the provisions of 
1201.(2)(A) and 1201.(2).(B)

Unless the court can say what DeCSS does that a legitimate player does 
not, there is surely no way that it can be ruled illegal.

I apologise if any of the above argument has been made with the same 
emphasis before.

Regards
Mark Roberts