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Friday, June 24, 2011



Despite the fact that DeCSS is still legal in 48 states (all but California and New York) and the rest of the world, the MPAA (Motion Picture Association of America) and DVDCCA (DVD Copy Control Association) are sending threatening letters to anyone they feel can be intimidated into believing that their mirrors of the DeCSS source code are illegal. They named hundreds of web sites in their lawsuit which they would like to see shut down for distributing DeCSS. What's their legal basis for doing so? The Digital Millennium Copyright Act (DMCA). This heinous piece of garbage legislation was quietly passed in 1998. It has provisions in it which make it illegal to create/distribute "tools" capable of circumventing copyright protection. Literally. That's it. I guess nobody thought to realize that this means that the following things are now illegal:
  • Pens
  • Pencils
  • Ink
  • Photocopying machines
  • Big Chief writing tablets
  • Cameras (chemical and digital, still and video)
  • All forms of audio and video recording tape
  • All recordable CD-ROMs
  • Typewriters
  • Musical instruments of all kinds
  • Your eyes
  • Singing and talking
No, I'm not being ridiculous. Every one of these things is illegal under the DMCA along with DeCSS.This is the test trial case, folks. There is no legal precedent for this. Whatever the courts decide about DVDs, DeCSS, the DMCA, the MPAA, and the DVDCCA will become the legal precedent for all of eternity. But relax; these typically greed-motivated, selfish children don't have a chance in hell of winning. Why?
Here's a nice comment about the whole mess that pretty much equates to "Case Closed" in this matter. It was posted anonymously on slashdot.org so I don't know who to credit, but I would if I could because it's brilliant.
Has it occurred to anyone that the MPAA and the DVDCCA should be sued for illegal product tying? Anti-trust laws should apply to illegally forcing the purchaser of one product (DVDs) to accept the purchase of another tied product (CSS-licensed players.)
It's time to file an injunction against the MPAA and the DVDCCA for causing great harm to consumers by forcing them to purchase products (i.e. players and movies) that are illegally tied to each other via CSS which has as its sole purpose the lining of the pockets of the DVDCCA.
The only reason for the existence of CSS is to allow the DVDCCA to make millions of dollars by ripping off manufacturers and consumers alike with unfair and monopolistic licensing schemes while infringing upon fair-use rights to a copyrighted work. No one in their right mind can claim CSS prevents piracy; all it does is prevent playback, and pretty shoddily at that (CSS is about as secure an encryption method as Pig Latin). CSS is a great scam being foisted upon an unsuspecting public to make the DVDCCA rich, fat and happy. And the same goes for "Region Codes."
If you buy Exxon gasoline and are forced to use it only in Exxon-licensed automobiles and only within the "region" where you bought it, that's illegal product tying and a breach of anti-trust laws.
If you buy a DVD movie and are forced to play it only in MPAA/DVDCCA-licensed players and only within the "region" where you bought it, that's illegal product tying and a breach of anti-trust laws.
I defy anyone to point out any fundamental difference between those two statements.
Contact your State's Attorney General's office and let them know how you feel about illegal product tying.
So go ahead, O great and mighty greed-mongers. Try and sue me for giving someone directions to a location where they might find some information about something whose purpose is to defeat your monopolistic and ILLEGAL marketing schemes. You do NOT want this to become headline news on CNN, and I guarantee you it will be whether Time-Warner owns the damn thing or not.
Want to read more? Lookie here.


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