Legal Status of libdvdcss

[Randy Gloden]

"Note that libdvdcss doesn't use those things though. It's not the same as deCSS.
This is more of a question of circumventing the copy protection, there is no
problem about using stolen intellectual property."


The decss uses the Xing key that was lifted from that software.  libdvdcss checks through a series of keys.  The implementation of the algorithm is different, but the same basic steps (algorithm), with whatever key is supplied, is still required to decrypt the streams.  Though legally not tested, many believe the liability of including the software is not worth the risk of a lawsuit.  The Xing key was only one part of what was argued with DECSS.  It was part of that case because it was very easy to demonstrate the inclusion of the stolen key.  Other elements were also a part of the case.  With or without the Xing key, that lawsuit was going to happen.

Either way I wish some one would send libdvdcss to trial.  If we won, then all this becomes a non issue.  Since we are acting like it is already illegal, I think we have nothing to lose in court.  That is probably why the DVD CCA haven't taken the little distros that include libdvdcss to court.  Ubuntu has assets, so it would not be a good candidate to try this.

So I don't think things are going to change.  The major distros are not including the libdvdcss, so the DVD CCA and MPAA win.  If some one "significant" calls their bluff and starts to include the codec, then they and only then do they benefit by legal action.  Neither side is certain of the outcome, so neither side is going to risk it.


---------Randy

www.microbabble.com