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MPAA Fires Back at AACS Decryption Utility 343

RulerOf writes "The AACS Decryption utility released this past December known as BackupHDDVD originally authored by Muslix64 of the Doom9 forums has received its first official DMCA Takedown Notice. It has been widely speculated that the utility itself was not an infringing piece of software due to the fact that it is merely "a textbook implementation of AACS," written with the help of documents publicly available at the AACS LA's website, and that the AACS Volume Unique Keys that the end user isn't supposed to have access to are in fact the infringing content, but it appears that such is not the case." From the thread "...you must input keys and then it will decrypt the encrypted content. If this is the case, than according to the language of the DMCA it does sound like it is infringing. Section 1201(a) says that it is an infringement to "circumvent a technological measure." The phrase, "circumvent a technological measure" is defined as "descramb(ling) a scrambled work or decrypt(ing) an encrypted work, ... without the authority of the copyright owner." If BackupHDDVD does in fact decrypt encrypted content than per the DMCA it needs a license to do that."
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MPAA Fires Back at AACS Decryption Utility

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  • why bother (Score:5, Insightful)

    by mastershake_phd ( 1050150 ) on Wednesday February 28, 2007 @10:01PM (#18189692) Homepage
    Legality aside, they must know they will never eliminate this utility. DVD Decrypter is still easy enough to find. And that is something a lot of people might be interested in compared to the number of people who actually own a HD Disc.
  • Copyright? (Score:3, Insightful)

    by wiredlogic ( 135348 ) on Wednesday February 28, 2007 @10:04PM (#18189710)
    You can't copyright a telephone number. I don't see why an encryption key should be any different. It doesn't represent a creative work and should not be subject to copyright protections. At best an encrytion key would be considered a trade secret. Of course a "secret" that is readable to anyone with a debugger isn't much of a secret.
  • by RalphBNumbers ( 655475 ) on Wednesday February 28, 2007 @10:07PM (#18189732)
    Going by the 'logic' in the article, *all* AES implementations (i.e. software included on most of the world's computers) are forbidden by the DMCA.
    After all, someone somewhere might use any of them, along with a key acquired separately, to decrypt some media for which they don't own the copyright.
  • Re:why bother (Score:5, Insightful)

    by Curtman ( 556920 ) on Wednesday February 28, 2007 @10:09PM (#18189740)

    Legality aside, they must know they will never eliminate this utility. DVD Decrypter is still easy enough to find.
    It's a shame that they dropped the case against Decss [wikipedia.org]. Hopefully they won't this time and they'll lose fair and square.
  • Re:So what? (Score:5, Insightful)

    by idonthack ( 883680 ) on Wednesday February 28, 2007 @10:11PM (#18189776)
    A man has to run from the law because he wrote a program that lets people watch videos, and you can't find anything wrong with that?
  • by TomRC ( 231027 ) on Wednesday February 28, 2007 @10:12PM (#18189778)
    "If BackupHDDVD does in fact decrypt encrypted content than per the DMCA it needs a license to do that."

    Yep - and the users who are entering keys for encrypted content should do exactly that. The software is no more a violation of DMCA than is the PC it runs on. Oh wait - I guess that's where we're headed, isn't it?
  • Re:Law (Score:2, Insightful)

    by grub ( 11606 ) <slashdot@grub.net> on Wednesday February 28, 2007 @10:18PM (#18189840) Homepage Journal

    But they can file take-down notices against anyone hosting the thing.

    They can file take-down notices against anyone in the US hosting the thing.

  • Re:Copyright? (Score:5, Insightful)

    by Skreems ( 598317 ) on Wednesday February 28, 2007 @10:18PM (#18189848) Homepage
    I see what they're trying to do, but I don't understand how that should be legal. If I buy a HD-DVD, they're giving me permission to watch it. To do so, I have to decode it. I signed nothing at the time of purchase promising to watch it only with players they approve of. By all logic, they HAVE given me permission to decrypt it.
  • Re:Law (Score:3, Insightful)

    by mfh ( 56 ) on Wednesday February 28, 2007 @10:21PM (#18189872) Homepage Journal
    Nah, he'll have some stupid line of code that identifies him. Or they'll reveal something that connects it to him.

    By anonymous, I mean without connection or identity, not pretending to be someone else. They get subversives every time by their need to maintain their self identity in some form, be it though personal expression or some other random link that forensics easily trails back like a string right to the perps (which is what you are if you're doing anything creative these days with computers).
  • by Anonymous Coward on Wednesday February 28, 2007 @10:22PM (#18189886)
    That's a violation of the DMCA

    in USA and applicable only to US residents

    the other 5.7 billion people can enjoy their HD rips

  • Re:So what? (Score:5, Insightful)

    by burnin1965 ( 535071 ) on Wednesday February 28, 2007 @10:35PM (#18189980) Homepage

    Technically, he wrote a program that enables one to violate the rights of content creators.

    Technically Toshiba has created a device which makes it possible for someone to violate the rights of content creators by playing an HD DVD movie in front of an audience using a Toshiba HD DVD player and a big screen HD TV.

    And technically speaking just because a law is passed by the Congress doesn't mean it is constituionally legal.

    burnin
  • by khchung ( 462899 ) on Wednesday February 28, 2007 @10:41PM (#18190020) Journal
    I have to wonder why so many post here still talks about how the DMCA do not apply, how the utility is legal, etc.

    Isn't it obvious by now that what DMCA and other laws really said never mattered to **AA? Lawsuits, DMCA notices, etc, are simply hammers to beat down any opposition so the **AA members can keep reaping profits with their outdated business models.

    As long as the hammers are useful, it will be used. Saying that the hammer is not made to hit people is not going to help. As long as DMCA notices can take down stuff they do not like, it will be used and abused. Saying that DMCA is not applicable here is not going to help.

    I don't know what should be done about these **AA tactics. However, I do know that telling a street thug that punching below the belt is unethical will be futile.
  • Re:Law (Score:3, Insightful)

    by failure-man ( 870605 ) <failureman&gmail,com> on Wednesday February 28, 2007 @10:50PM (#18190074)
    Jurisdiction has never seemed to have much influence on where the take-down notices go . . . .
     
    They can enforce take-down notices against anyone in the US. Fixed.
  • You Misunderstand (Score:2, Insightful)

    by mfh ( 56 ) on Wednesday February 28, 2007 @10:52PM (#18190080) Homepage Journal
    There is absolutely no need for anyone like this to do interviews unless they have some sort of self-congratulatory outlook on greyhat coding. Any number of onlookers, including slashdotters could tell exactly what was meant by certain actions or features in any project. The only people doing interviews are looking for attention and that's not the point, IMHO.
  • Re:Copyright? (Score:4, Insightful)

    by AoT ( 107216 ) on Wednesday February 28, 2007 @11:08PM (#18190198) Homepage Journal
    I assume you've also never signed anything that says you won't break into houses and crap on the floor.

    Yeah, but if I buy a bottle of coke I don't see any reason I shouldn't piss in it.

    And what's more, if you sell me a sheet of paper with a code on it and then get pissed when I break it, you're going to have to start prosecuting all us folks who do the crypto-quote in the newspapers. That's illegal, too.
  • by Ant P. ( 974313 ) on Wednesday February 28, 2007 @11:11PM (#18190224)
    ...When the copyright owner has given the user both the encrypted data and the key to decrypt it with? Surely if they don't want people decrypting their secret content they wouldn't do something as stupid as that, would they?
  • Re:Copyright? (Score:3, Insightful)

    by AlHunt ( 982887 ) on Wednesday February 28, 2007 @11:39PM (#18190426) Homepage Journal
    >It's the fact that muslix64's program is capable of decrypting a copyrighted work without permission. That's a violation of the DMCA.

    Are you sure? My car is capable of going 100 mph and my car isn't illegal.

  • Re:Law (Score:4, Insightful)

    by Chandon Seldon ( 43083 ) on Wednesday February 28, 2007 @11:40PM (#18190436) Homepage

    write it anonymously and just release it into the wild.

    I absolutely agree that if our society had really degraded to the point that it was no longer safe to share information it would be possible for things like this to be posted with complete anonymity. If the world had truly become a horrible dystopian nightmare, that might even be absolutely necessary.

    I like to think that we're not there yet, and that it's still safe for people to share what they know with full credit for the work they have done to obtain that knowledge. If the world has really progressed to the point where sharing simple knowledge is no longer safe, then we have a worse problem than simply being locked out of the content of some video disks.

  • Re:Copyright? (Score:3, Insightful)

    by UncleFluffy ( 164860 ) on Wednesday February 28, 2007 @11:55PM (#18190540)

    It's the fact that muslix64's program is capable of decrypting a copyrighted work without permission.

    So is this. [gnu.org] And this. [staples.com]
  • Re:why bother (Score:5, Insightful)

    by melikamp ( 631205 ) on Thursday March 01, 2007 @12:11AM (#18190614) Homepage Journal

    Implementation of this specification requires a license from AACS LA LLC.

    IANAL, but what the hell does that mean? There are only two relevant "IP" laws: copyright and patent. Since the code is original, copyright does not apply. Is AACS patented then? Again, I have no idea what exactly the legislation is, but I would assume that in most jurisdictions the law does not apply to PCs. I am under an impression that there might be a patent on a device with the said software, but that would probably not apply to a general-purpose device which can run any software.

  • Re:Copyright? (Score:5, Insightful)

    by ewhac ( 5844 ) on Thursday March 01, 2007 @12:35AM (#18190750) Homepage Journal
    What utter sophistry. If this is the true state of intellectual "property" law in this country, I suggest you change specializations before your soul starts dissolving away.

    Playing a movie DVD constitutes a performance of a copyrighted work. A license to perform the work in a private residence is concomitant with the purchase of a copy. There is nothing anywhere that says how you must perform the work. The license is relevant only to the performance, not the performer. You may perform the work either in a super-uber high-end jewel-encrusted DVD player, or in a crufty piece of junk you bought second-hand at Salvation Army.

    ...Or, in a DVD player program you wrote yourself.

    I don't need "permission" to write a program, I don't need "permission" to run a program, and I don't need "permission" to have that program crunch on data in my lawful posession. The End. There is nothing inherent in the statutes or the Uniform Commercial Code that grants copyright holders the right to constrain the method of performance, nor can it be reasonably argued that they should enjoy such a right.

    As for the DMCA, well, that needs to be repealed yesterday.

    Schwab

  • Re:Copyright? (Score:5, Insightful)

    by Skreems ( 598317 ) on Thursday March 01, 2007 @12:38AM (#18190768) Homepage
    That's all well and good, but it seems borderline illegal for them to give me something and then require that it only be used with other products they approve of. It's like car manufacturers putting special-shaped gas nozzles on, saying you can only fill up at licensed gas stations, and then suing you if you modify the nozzle to work with other stations.
  • by Jartan ( 219704 ) on Thursday March 01, 2007 @12:57AM (#18190874)
    The problem is they are correct that this IS illegal. The DMCA is a law and it prohibits this activity. Now of course the DMCA itself is illegal as well which means they'll just use it as a club against someone but drop the case before it can be proved unconstitutional.
  • by idonthack ( 883680 ) on Thursday March 01, 2007 @01:39AM (#18191156)
    But the police won't.
  • MPAA response (Score:2, Insightful)

    by Ken_g6 ( 775014 ) on Thursday March 01, 2007 @01:52AM (#18191232) Homepage

    My web browser allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Absolutely! You must use Internet Explorer 7.

    My operating system allowed me to operate this web browser which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Of course! You must install Windows Vista.

    My computer allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Definitely! You must buy a computer with a Trusted Computing module.

    My university's computer store sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Certainly! The store must sell only computers with a Trusted Computing module, running Windows Vista.

    My government runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is it in violation of the DMCA?
    Probably. The government must only use computers with a Trusted Computing module, running Windows Vista.

    My fellow citizens elected the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Are they in violation of the DMCA?
    Some of them are. They've been sued, haven't they?

    Some MPAA members are citizens who elected the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Are they in violation of the DMCA?
    There may be a few, but they're being rooted out as we speak.

    Some MPAA members worship a deity who allegedly convinced them to elect the government which runs the university which runs the computer store which sold me the computer which allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption. Is He in violation of the DMCA?
    Without question! In His omniscience, He "imports...any technology, product, service, device, component, or part thereof, that - (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;".

    Next, on Slashdot, the MPAA sues God for decrypting all their copyrighted works! ...or is that Boston Legal?
  • Re:Copyright? (Score:4, Insightful)

    by cpt kangarooski ( 3773 ) on Thursday March 01, 2007 @01:56AM (#18191246) Homepage
    I would say (and IANAL) that when a customer buys a DVD (s)he also obtains the implicit right to view it. It's not the consumer's issue how that technology is licensed.

    It is illegal for the consumer to access the work, if there is an access control, if the consumer lacks authorization. The studios never give consumers authorization (and the implied authorization argument has, so far, fallen flat). Rather, they authorize devices, which can be used by people who themselves lack authorization. That is, the authorization is an attribute which flows through the player, rather than the disk. (Though it's still attached to the player -- the owner doesn't have authorization, save for with regard to that player; a possessor of the player has authorization with regard to that player, even if he isn't the owner, etc.)

    From the programmers' point of view, as long as the code that they write isn't taken from a licensed user of the software, they're not violating copyright -

    This conversation is about access and circumvention. We are not talking about copyright, which is a different, though related subject.

    and as long as the primary purpose of the code is simply to view the DVD, then I think that that (at least arguably) keeps them on the good side of the DMCA.

    That argument has been tried, and it has failed. Feel free to keep trying a loser argument, but don't be surprised when it keeps on being a loser. I'm not suggesting how I want things to be, I'm describing how things are. You'll have better luck coping with this, and in changing things for the better, if you deal with reality, rather than pretend that things presently are how you wish they would be.
  • by Anonymous Coward on Thursday March 01, 2007 @02:28AM (#18191404)
    Trade secret law - and really what's going on here is that the MPAA (or whoever - probably some front group) will only license you their secrets if you promise to use them a particular way and not release them - it's a great idea, you even potentially have someone to sue if the secret gets out .... what you don't have is a comeback if someone invents the same thing or figures out how it works on their own .... which is what's going on here
  • by KDR_11k ( 778916 ) on Thursday March 01, 2007 @04:07AM (#18191776)
    Trade secrets don't apply since the document describing AACS is released to the public. Hard to claim something as secret if you've told everyone about it already.
  • Re:Copyright? (Score:2, Insightful)

    by KDR_11k ( 778916 ) on Thursday March 01, 2007 @04:24AM (#18191824)
    Yes but the DMCA supercedes Fair Use.
  • Re:Just? (Score:2, Insightful)

    by TheVelvetFlamebait ( 986083 ) on Thursday March 01, 2007 @04:39AM (#18191862) Journal

    I believe a law written to keep people from doing what they want with what they set out money for is unjust
    And I say that if you plan to spend money on something to use in a way that's against the law, you probably should probably not go through with it.
  • by jimicus ( 737525 ) on Thursday March 01, 2007 @05:19AM (#18191994)
    My computer allowed me to run my operating system which allowed me to download this utility which allowed me to circumvent this encryption.

    Not to worry. With the advent of Trusted Computing, your next computer won't.
  • Not illegal (Score:5, Insightful)

    by ajs318 ( 655362 ) <sd_resp2@earthsh ... .co.uk minus bsd> on Thursday March 01, 2007 @05:21AM (#18192010)
    The important phrase is "without the authority of the copyright holder". If you own the disc, you are entitled by sole virtue of ownership to use it for its rightful purpose -- which (assuming it is just an ordinary, home-viewing sell-through disc) is to watch the movie stored on it, in private. The copyright holder cannot prevent you from doing that, without rendering the disc unfit for its rightful purpose (and therefore owing you a refund of the purchase price you paid).

    Go ahead and decrypt. Either you do have the authority of the copyright holder, or the disc is unfit for purpose and you are owed a full refund. In either case, you will find your purchase receipt very helpful.
  • Re:Copyright? (Score:3, Insightful)

    by WNight ( 23683 ) on Thursday March 01, 2007 @05:33AM (#18192046) Homepage
    You do own the content. You merely lack the copying rights to make a duplicate of it legitimately. Seriously, space/media-shifting and backup allowances clearly show that you own the content, not just the plastic disc or paper book.

    Doesn't really matter though, you can't sell someone something without implicitly giving them permission to use the thing.

    If that means they need to decrypt it to view it, and you knew that, that must mean that you intend to let them use the product, or it wouldn't be a sale. (And the courts have ruled solid that, if it looks like a duck, it is. If you think you bought something, you did.) If you've given people the rights to decrypt it, that means it's not a DMCA violation (" ... without permission"), and thus legal.

    Further, as the MPAA would *have* to know this. Contract/Sale law is pretty well understood here. So for them to send a DMCA takedown they *must* be lying.

    Clearly, the law intends to stop unintended decryption - trying to put the files on P2P. Sure. But it's insanity to just assume that this applies to legitimate use of media you purchased legally.

    The MPAA have no leg to stand on, but they aren't above cold-blooded and calculated direct misstatements of fact, lies, of outright fraud as an reading of Hollywood history will show. What's a little intentional perjury? So like the RIAA they continue to send takedown notices against legit files, having sworn to be the rights-holder, etc, and continue to do so merely because nobody has enough money to punish them in court. Thieves.

  • Re:why bother (Score:2, Insightful)

    by andy_t_roo ( 912592 ) on Thursday March 01, 2007 @05:53AM (#18192108)
    It doesn't circumvent any copy protection - it just allows holders of the keys to decrypt theit encrypted content - this program assumes that the "explicit authorization" presented is in the holding of the key.
  • DMCA all the way (Score:3, Insightful)

    by remmelt ( 837671 ) on Thursday March 01, 2007 @07:16AM (#18192448) Homepage
    The real question is: can they take away the right you have to do with your property what you want? You buy a BR (or DVD, for that matter). You want to watch it on Linux. What now? Can they say: you cannot do that? Your analogy with breaking in is a straw man. You have been given the right to watch the movie on your equipment. It doesn't specify what equipment anywhere on the disk, the receipt or in the store. Copyright laws say that I cannot distribute the content without permission. I'm not doing that. I can't display it publicly, not doing that either. Can't make illegal copies, not trying to do that. I just want to watch the movie.

    Saying that I can only peruse the film on a "licensed device" is racketeering (I'm looking at you, iTunes!)

    The only protection they have is their flimsy "encryption". Flimsy because it gets broken by a couple of guys in a couple of weeks (thanks doom9 people!) Because the RIAA/MPAA/etc aren't THAT stupid, they pushed for the DMCA with its non-circumventing rule. You cannot legally break encryption, even if you are not breaking the copyright it protects. Let me say that one more time. You can't break the encryption on your legally bought disks, even when you just want to watch the movie. Said in yet another way: every person in the USA watching a DVD on their Linux system is a criminal under the DMCA.

    > To do so you have to be privy to secret information (i.e. keys). To obtain these you must be an AACS LA licensee, or obtain them illicitly.
    It's only illicit because of the DMCA. There is nothing wrong with me opening the hood of my car, replacing a couple of parts and driving off if that suits my fancy. The car is mine, the manufacturer has nothing to say about it any more (bad car analogy: cars aren't usually copyrighted. But you get my point)

    > While you could contort this into meaning they've given you permission to decrypt it, they've not given you the right to obtain the keys you would need to do so.
    I don't understand how you can say that. They have obviously given me explicit permission to watch the damn movie. The movie is encrypted. Do I need to spell it out? How does it NOT follow that I can decrypt the movie? It's so obvious that it's painful. Again, the only protection they have from me doing what I'm supposed to do with the movie is the DMCA.

    What the **AA successfully does is turn the copyright system into a "we can say what you can do with our stuff because of copyright". Copyright law was never intended that way. Copyright gives the holder a government granted, limited monopoly on distribution. The starting point is that we can do with our stuff what we want. Anything. Copyright was invented to give artists incentive to make more of their art by giving them a short monopoly over the distribution, making them the only selling point of the art, so they can make money. It's like the difference between opt-in and opt-out. It used to be that we could do anything, except for a few things (ie distributing content), for a short time (some years), because of the copyright. The **AA makes it sound like we can do nothing because the content is theirs, except for the few things they allow. This is wrong because it goes against the grain of the law.
  • Re:Copyright? (Score:4, Insightful)

    by cpt kangarooski ( 3773 ) on Thursday March 01, 2007 @08:05AM (#18192634) Homepage
    I'd be surprised if, in most cases, the DVD made for retail differed at all from the DVDs made for rental. In fact, they even tend to hit shelves at the same time. And in any event, it's also legal to rent any lawfully made copy of a DVD without special permission, so it would only matter for the big chains that could negotiate early access anyway. Also, the warning wouldn't need to be there for the distributor -- they would have a contract that would lay out all the terms.

    No, it's there to be read by end users, who will hopefully not question the strong wording.

    What I don't understand is why, if I've encoded something using AACS, that I own the copyright to, why I'm not entitled to give permission to any and all to use an AACS decryption program to decrypt my copyrighted work. Wouldn't that basically make possession and distribution of such a decryption program be unaffected by the provisions of the DMCA (since it would be "with the authorization of the copyright owner")?

    Or, in the world of regular DVDs, if you made CSS-encoded DVDs, couldn't you authorize people to use DeCSS, which would legitimize it? Feel free to give it a shot, but I doubt a court will go for it in the real world.

    Doing so doesn't automatically make any 3DES or AES decryption program a DMCA violation, that would be silly!

    A lot depends on the reasons for which someone distributes a copy. If RSA distributes a general-purpose decryption program using 3DES, then they'll be fine, even though it could be used against 3DES encrypted movies. If Doom9 does it, then they're not going to be fine, since they really only ever distribute anything for it to be used in conjunction with movies. That they might even be identical programs isn't relevant. Intent isn't something that is found in the bits of the program, but the law can still recognize and infer from the circumstances.
  • by Overzeetop ( 214511 ) on Thursday March 01, 2007 @10:18AM (#18193546) Journal
    He has to run from the law becuase he shared his work. It is perfectly legal to create a decryption system to decrypt discs you own. You just can't share it with anybody. That's the catch-22 in the fair use provisions of the DMCA - you're allowed to excecise your fair use rights and decrypt works you own (i.e. have a non-exclusive licence to), but the law forbids anyone from distributing such tools, meaning you have to develop it yourself.
  • Re:Copyright? (Score:2, Insightful)

    by DarkJC ( 810888 ) on Thursday March 01, 2007 @10:22AM (#18193584)
    Then they should be suing the person who makes 400,000 copies of the content for copyright infringement. They shouldn't be suing the creator of the tool used, nor should the tool be taken down. It can be used legally to watch content I've legally bought.

And it should be the law: If you use the word `paradigm' without knowing what the dictionary says it means, you go to jail. No exceptions. -- David Jones

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