Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
Patents Media Movies Your Rights Online

DVDCCA Claims Patent on CSS 227

An anonymous reader writes "After dropping their suit against Andrew Bunner, DVDCCA has filed a patent-infringement lawsuit against 321 Studios. This is an interesting claim, because since patents are published, something can not be both patented and a trade secret."
This discussion has been archived. No new comments can be posted.

DVDCCA Claims Patent on CSS

Comments Filter:
  • by czcxmag ( 752690 ) on Sunday February 15, 2004 @06:38AM (#8284832)
    ..when so many corporations own patents on so many intangible things that a corporate dynasty like IBM can bring anyone in the world to their knees financially.

    Even foreign governments.

    Intellectual property in all of its various forms is being abused by the corporate world. The madness is the laws supporting this behavior continue to pass, bypassing the individual and wholeheartedly supporting the corporation.

    Isn't the government supposed to be working for us? Aren't our rights supposed to be first and foremost in their minds? There is a balance to be maintained, and our rights are not unlimited, but more and more across the entire globe the individual is lost.

    Not to be funny but has anyone considered the implications of all these recent intellectual property rights and how it seems more and more that we're being pushed into the draconian future of Johnny Mnemonic and Shadowrun? The only way you get information is to steal it. The only way for another corporation to get information is to hire you to steal it.

    I grow more and more distressed at the world my son will grow up in, the conditions he will consider normal, the laws he will break just by trying to think.
    • by Anonymous Coward on Sunday February 15, 2004 @06:40AM (#8284847)
      Intellectual property is a myth. You CANNOT and SHOULD not be able to own an idea. I am beginning to think that this may be a real turning point in civilization as we know it. Imagination and the associated innovation based off that imagination is what makes us able to do so many amazing things. Now, you can imagine building something to change the world, you can even imagine how to build it, but if someone has previously thought of it, you are in for a losing legal battle. This may be an extreme statment with regard to software patents, but the premise is frightening in either scenario. This is a legal restriction on free thought and development. Software patents are just one piece of the larger takeover.
      • by October_30th ( 531777 ) on Sunday February 15, 2004 @06:47AM (#8284867) Homepage Journal
        You CANNOT and SHOULD not be able to own an idea.

        But of course you should be able have the right to call an idea your own and have it recognized as such. As a scientist I will jealously guard my research and results up to practical applications as my own property. I have patents and will defend those if necessary.

        Completely restricting the use of an idea is a completely different thing, though. That's not what patents were invented for - it's only today that the big corporations have begun to see copyright and patents as tools for hoarding and hiding information.

        • by Rip!ey ( 599235 ) on Sunday February 15, 2004 @07:10AM (#8284913)
          But of course you should be able have the right to call an idea your own and have it recognized as such.

          But if I should come up with the same idea through my own research whilst being completely unaware of yours, I shouldn't have the right to call my idea my own and have it recognised as such?

          It should cut both ways or not at all.
          • But if I should come up with the same idea through my own research whilst being completely unaware of yours, I shouldn't have the right to call my idea my own and have it recognised as such?

            That's correct; you don't own an idea unless you're the first person to think of it. This creates an incentive to be creative, not lazy, and to keep up to date on the latest developments in your field.

            This can be disputed, of course, but I think that's the reasoning.

            yours

            • by krunk7 ( 748055 ) on Sunday February 15, 2004 @10:44AM (#8285765)
              Implementation should be patented, not ideas. Any half-wit can dream and any "think-tank" can come up with scores of ideas to patent as "intellectual property", but it takes true innovation and talent to make it real.

              The laws as they stand today ignore this distinction and, as such, directly inhibit the creativity they are designed to protect. If the mouse trap were invented today, the inventor would not only be able to patent his design but the very idea of "catching mice". Than the world would have had to wait 20 years before someone could propse a better way.

              We are in the very first dawn hours of modern technology and though our ideas may seem extremely special to us today they'll be nothing but the the wheel of tomorrow.


          • The patent system awards the first to invent (or, outside of the US, the first to file), and it's just tough luck if someone beats you to it. That's life in a competitive system. If you don't like it, change society or live in a commune where another resource allocation method is used.

            Read the US constitution and find that the patent system is there for the people too - that includes you and I as creative individuals. The bargain is a _limited_ monopoly for 20 years. 20 years if not a bad payoff for the ti
            • by Safety Cap ( 253500 ) on Sunday February 15, 2004 @09:12AM (#8285219) Homepage Journal
              ~ the patent system is there for the people too ~.
              There are a class of people who have more money and power than anyone you will ever have. If those "people" file a patent that circumvents your own patent and you try to assert your rights, they will crush you like a bug. If they like an idea you patented, then they will find a legal loophole and crush you like a bug. You don't have the resources (time, money, or access to a horde of lawyers) to defend yourself.

              Because those people [google.com] have such vast resources, they patent as much as they can---even things that seem obvious. The average person does not stand a chance against them.

              • Hardly. Need I mention Eolas? You people seriously need to get over this whole 'The corporations rule the world' crap.
                • by mrbuttboy ( 460308 ) on Sunday February 15, 2004 @10:18AM (#8285594)
                  First off, the Eolas patent is a terrible example of a patent. Mentioning it alone shows how broken the system is. The number of bad patents issued in recent years is more then a bit scary.

                  But, let us ignore the merits of the Eolas paten itself. Instead let us examine what Microsoft has done and can do. MS has enough lawyers to comfortably fight any patent is chooses. If they see a patent they don't like (and can't buy) the can challenge it. Can you afford to challenge a patent? What about 10? What about 1000? MS can.

                  They can also afford to ignore a patent. They can do whatever they want, ignoring what the patent holder wants now, and pay for it later. If I thought I would have to pay a multi-million dollar settlement for ignoring a patent I wouldn't do it - I can't afford it. MS can.

                  Money DOES equal power and pretending it doesn't in a civil arena is disingenuous. Nobody "Rules the world" but corporations of MS's size can afford to abuse the system - almost anywhere they want.

                  Many anti-corporation people are just "wacko" - they will make claims that make no sense. However with size comes privilege and if there is one thing Microsoft has it is Size.
                • Hardly. Need I mention Eolas? You people seriously need to get over this whole 'The corporations rule the world' crap.

                  I wouldn't be so smug in dismissing the danger of corporations [google.com] yet by invoking Eolas as a counterexample, since it is highly unlikely that Eolas' patent will be allowed to stand after it is reexamined [slashdot.org] -- something which almost certainly would not have happened were one [microsoft.com] of those corporations not involved.

              • This rebuff doesn't work. If my grandma if 102 yrs old and has smoked 60 a day since age of 12 with nary a cough, does that mean smoking isn't harmful? It COULD mean that, of couse - but maybe it happens to be an exception.

              • You have a bit of a twisted perspective on the world. The so called "people" you refer to are just average people like you or I that happen to work for a company where resources are marshalled in a different way. If you don't think you fare a chance as an independent person, join a collective enterprise where you can marshall resources.
              • That didn't stop SCO from suing much bigger company like IBM.
            • The patent system awards the first to invent (or, outside of the US, the first to file), and it's just tough luck if someone beats you to it. That's life in a competitive system. If you don't like it, change society or live in a commune where another resource allocation method is used.

              The problem is that ideas aren't a finite resource to be allocated like wheat or coal or milk. Ideas can be duplicated without effort. I'm reminded of this quote:

              "He who receives an idea from me, receives instructions


              • You rely on the fact that "ideas can be duplicated without effort": please remember that while duplication of ideas costs near zero, the development of those ideas can cost quite a lot. In fact, you are making the argument for the patent system: it recognises that ideas take time/effort/cost to produce, yet can be stolen in an instant: hence the 20 year protection.

                case-by-case would be too unworkable: the system is not perfect because it tries to accomodate the entire swathe of inventions with a single bru
        • by ajagci ( 737734 ) on Sunday February 15, 2004 @07:23AM (#8284932)
          But of course you should be able have the right to call an idea your own and have it recognized as such.

          And why "should you"?

          As a scientist I will jealously guard my research and results up to practical applications as my own property. I have patents and will defend those if necessary.

          Yes, I have no doubt that you will be "jealous" and display all sorts of other annoying behaviors so common of academics.

          However, what you are completely overlooking is that "your" research and "your" results are based on centuries of tradition and thought by others. Your work has only been possible because others shared their ideas freely.

          Furthermore, your patents keep other people from using the idea even if they themselves came up with it independently. It is just an accident that you happened to have filed the patent on "your" idea first. Chances are, in fact, that others had the same idea before but didn't patent it or did publish it.

          Let me repeat that: your patent keeps other people from using their ideas that they themselves came up with independently. How do you justify that?

          Completely restricting the use of an idea is a completely different thing, though.

          That's what patents do: for about 20 years, the patent holder gets nearly full control of the invention. Patents don't even have academic or research exemptions.

          That's not what patents were invented for

          That is exactly what patents were created for: to give inventors exclusive use of an idea for a limited amount of time. And, at least since the times of Edison and Watson, corporate patent portfolios have been a big thing. It's just that barriers to entry into many markets were so strong for other reasons that they didn't have to use their patent portfolios much until now.
          • There's a difference between an idea and the implementation of that idea - IP laws were created to protect *implementations*. If I have an idea, my own implementation of it is almost certainly going to differ, more than likely in non-trivial ways, from someone else's implementation, and I should have the right for some reasonable length to have enough control over that implementation to make some money off it, so long as I don't harm anyone else by doing so. That doesn't mean it's always right to *use* tha
          • by Rich0 ( 548339 ) on Sunday February 15, 2004 @07:50AM (#8284975) Homepage
            However, what you are completely overlooking is that "your" research and "your" results are based on centuries of tradition and thought by others. Your work has only been possible because others shared their ideas freely.

            I've always been annoyed by the academic "first to publish" game. How many grad students end up having to slave night and day in the lab to try to be the first to discover something novel, and being a week behind another group is the difference between getting your Ph.D. with lots of recognition and having to pick some other project and work a few more years. It also brought us such wonderful concepts as holding up the full publication of discoveries so that a scientist can publish just enough information initially to establish priority and get recognition, but hold up enough information so that only they can get additional publications on follow-up reasearch (for an example of this, look at the tradition where crystallographers would publish glossy photos of their proteins on the front page of Science and then only release their coordinates a year later - I believe that this is fortunately and finally falling out of favor (though I haven't been current in the crystallography field for a few years now)).

            Knowledge is furthered the most when people work together, and it should be recognized that all modern discoveres are merely the result of standing on the shoulders of those who went before us. Actaully, this is one thing that I like about the GPL - it basically says "I made my contribution to the world public, and if you're gonna stand on my shoulders you had better do the same".

            In a day and age where automation has made neither food nor labor scarce society shouldn't be running in a mode where everybody is compelled to try to be king-of-the-hill just to life a modest life. It seems like we've turned into a society where either you are one of the few people who reap the benefits of modern technology (ie you own the capital), or you are one of the people displaced by it (ie it you work at Walmart).
            • And how, pray tell, would you differentiate between someone who just happened to think up the same idea, but second, from the person who is lying and just claiming to have independantly thought of it? Hmmm.
              "all modern discoveres are merely the result of standing on the shoulders of those who went before us"
              Old, tired saw. That goes for all information at all times? And? How would you propose someone recoup the time and investment of the R&D? Are you digging in your pocket and sending cash in th
            • by nathanh ( 1214 ) on Sunday February 15, 2004 @07:41PM (#8289827) Homepage
              In a day and age where automation has made neither food nor labor scarce society shouldn't be running in a mode where everybody is compelled to try to be king-of-the-hill just to life a modest life. It seems like we've turned into a society where either you are one of the few people who reap the benefits of modern technology (ie you own the capital), or you are one of the people displaced by it (ie it you work at Walmart).

              You sound exactly like Karl Marx ;-)

              He argued that the master-slave society could only give way to communism once there were sufficient resources to sustain everybody's basic needs.

              He also said that the "haves" would fight to prevent the "have-nots" from sharing in the wealth. Looking at the world around us today, it is like Karl Marx had a window into the future.

              I disagree with a lot of what Karl Marx wrote - I think he ignores the fundamental problem of human greed, as well as the ever-increasing lower limit of our basic "needs" - but it's always a treat to read The Communist Manifesto and realise how right he was about so many things. Marx has a a better hit-rate for his predictions than Nostradamus!

          • Sweeping statements that people should not be allowed to own ideas seem very short sighted in a number of applications (especially with products, as opposed to business methods). It is easy (and idealistic) to say that people shouldn't be able to own ideas because they are, at some level, based upon ideas put forth by others. However, that is not entirely the case, since obviously some original thought must have gone into the idea or else it would have been thought of long ago.

            The idea behind protecting i
            • by ajagci ( 737734 ) on Sunday February 15, 2004 @10:29AM (#8285658)
              Sweeping statements that people should not be allowed to own ideas seem very short sighted in a number of applications

              Well, I made no such statement, I challenged someone to justify their position because they thought it was obvious that people should be able to.

              The idea behind protecting ideas through a system of intellectual property is merely a balancing act.

              That's the idea, indeed.

              Without it, many of the best aspects of capitalism will be eliminated.

              That's your assertion. And, in fact, there is ample historical evidence to the contrary.

              For example, without patents, companies that develop new drugs would quickly disappear (unless someone can offer a reason why anyone would spend hundreds of millions of dollars to develop a new drug knowing you would never be able to recoup your costs).

              Well, a large fraction of drug development is paid for by public money anyway, and most drugs are paid for by public money in a market that can hardly be called "free". In fact, quite a number of economists believe that we'd be saving a lot of money if all drug development was paid for by the government and we did away with drug patents altogether. Furthermore, a free market tends to develop the wrong drugs: drugs that make money are not the drugs that we have the greatest need for.

              So, your drug example is actually an example where patents don't work.

              As for the problem of screwing people who thought of ideas independently, that is just another balancing act. Sure, it would be great if we could come up with some certain way of proving that someone developed an idea independently from others. But do you have any idea how difficult this would be to implement? The problem is with burdens of proof.

              Why are you stating the obvious? I was simply pointing out that the guy was wrong in his assumption that because he patented it, he somehow owned the idea in any moral sense.

              As for the problem of screwing people who may have thought of the idea first but didn't patent it, Congress used a phrase most of us learned on the playground: "you snooze, you lose." That made sense to me when I was six and it still makes sense now.

              Yes, and that's about the level of thoughtfullness you seem to have regarding patents: that of a six year old on the playground.

              • The drug thing is interesting.

                In Australia, we have a system called the Pharmaceutical Benefits Scheme [health.gov.au]

                It significantly subsidises drugs for Australians but, equally important:

                "Before a medicine can be subsidised via the PBS, the Pharmaceutical Benefits Advisory Committee (PBAC) must recommend it for listing on the PBS. When recommending a medicine be listed on the PBS, the PBAC takes into account the medical conditions for which the medicine has been approved for use in Australia, its clinical effectiv

            • by Znork ( 31774 ) on Sunday February 15, 2004 @11:58AM (#8286354)
              "For example, without patents, companies that develop new drugs would quickly disappear."

              Heh. They already have. The remaining ones arent developing any new drugs, they're developing new proprietary versions of aspirins that arent better than the old ones except they're patented. Then they send the doctors on golfing trips so they'll prescribe new expensive versions of the same old shit instead of cheap generics.

              Well, except the ones that are developing various organ enlargment pills.

              I'd place a bet that we'd get more useful medical research done if we scrapped the patent system, kicked the pharmaceutical corps out and relied on public and charity funding for research.
        • Okay, that sounds like a different enough opinion from mine to ask about it.

          My view on patents was that their only use is to prevent anyone else from working in a particular area of research. If I invent gadget-X and don't patent it, then the world gets gadget-X. But if I patent it, then I prevent anyone working independantly on the same ideas from working. If I patent it, then gadget-X will not be widely available nor available at a reasonable price until the patent expires. Nor will Gagdet-X ever be i
        • Understood. Patents are to protect your investment in R&D. Now, if some kid in Helsinki can replicate your invention in a weekend, precisely how much of an investment could their have been in the protected R&D? The point is(was) that if you had invested a year of your life developing some product, some bigger company with 100 times the resources wouldn't be allowed to reverse engineer it in 1/100th the time and begin competing against you. Unfortunately, this scenario has become inverted. My
        • As a scientist I will jealously guard my research and results up to practical applications as my own property.

          I can't believe you think you're a scientist. The word is "opportunist".

          Cheers
          Stor

      • You sound like a communist: "property should be free", wake up and realise that in this capitalist system that property is not free.
        • by Dun Malg ( 230075 ) on Sunday February 15, 2004 @11:07AM (#8285900) Homepage
          You sound like a communist: "property should be free", wake up and realise that in this capitalist system that property is not free.

          Don't be a dope. He didn't say that property should be free, he said that "intellectual property" isn't property. He's also quite correct. The term itself was concocted in the 19th century to make the ownership of ideas sound less absurd. Ideas can't be property, as their very nature fails the definitions of property. First and foremost, they cannot be scarce; i.e. if I you express your idea to me, we both have the idea-- sharing doesn't diminish it. What we have currently is a system of [patents/copyright/etc] that allows intangible things like ideas, music, and stories to be treated as if they were property. This is provably true: when one buys song from its writer, what you're transferring is the copyright-- you likely already have the song. Same thing with patents. This isn't about capitalism vs. communism. It's about free market vs. gov't granted monopolies. There has to be a balance and currently the USPTO isn't doing a good job.

        • Mmm... no. It was the communists who were into idea and thought control. The democratic system leans more towards freedom of ideas, thoughts and expression.

          Well, unless someone else has the exclusive rights to those thoughts.
      • The IP system was originally designed as a way to promote innovation (and I quote the Constitution of the United States "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries") but has been outrageously abused. I think that we should still have an intellectual property system, it should just be cut down considerably.

        In this world, there are people who give to give, and there are people w
    • by Anonymous Coward
      We have seen this before [slashdot.org], and it was seen before that... Good points, but at least attribute them to the original author, or be original yourself.
    • Just think, if the US Army had claimed a patent on WMDs you could have won the Cold War, Iraq and N.Korea in the courts...
  • phew (Score:5, Funny)

    by Tirel ( 692085 ) on Sunday February 15, 2004 @06:40AM (#8284845)
    for a second there i thought they had a patent on CSS [w3.org]
  • by jamesjw ( 213986 ) on Sunday February 15, 2004 @06:44AM (#8284860) Homepage

    And I thought CSS was dead..

    I mean how many times do they have to crack it before they realise that the cats already out of the bag?

    Its been circumvented so many times, how can they hold a straight face while that file for legal action against 321studios?

    *shakes head*

    -- Jim.
    • by flimnap ( 751001 ) on Sunday February 15, 2004 @07:49AM (#8284974) Homepage

      I guess when the whole trade secret [slashdot.org] thing stops working, it's time to patent!

      I use Gordian Knot [sourceforge.net] to encode DVDs (uncopyrighted religious movies that just happen to be CSS 'protected' ;), and it takes more effort then I'd like. I have to make decisions, for crying out loud!

      The only effective way to stymie the illegal copying of DVDs is to make the purchase price attractive enough that they'd rather just buy it. In my opinion, if you appeal to the lazy in people, you win.

  • 321 studios (Score:5, Funny)

    by Rosco P. Coltrane ( 209368 ) on Sunday February 15, 2004 @06:48AM (#8284870)
    DVDCCA has filed a patent-infringement lawsuit against 321 Studios

    Wow, after seeing the MPAA issue hundreds of subpoenas, it somehow didn't occur to me that DVDCCA didn't actually sue 321 studios, but a company named 321 Studios.

    Kudos to these guys for the choice of name. It's almost as if they expected to be sued and wanted to make a good joke out of it. Well done!
    • by spektr ( 466069 ) on Sunday February 15, 2004 @07:01AM (#8284895)
      It's almost as if they expected to be sued and wanted to make a good joke out of it.

      Remembers me of Douglas Adams, who said that Branwell Bronte "died standing up leaning against a mantelpiece, in order to prove that it could be done".

    • from: http://slashdot.org/comments.pl?sid=48662&cid=4934 529

      "Did anyone else think hat the MPAA was suing three-hundred and twenty one different studios?"
    • by nathanh ( 1214 ) on Sunday February 15, 2004 @07:42AM (#8284959) Homepage
      Wow, after seeing the MPAA issue hundreds of subpoenas, it somehow didn't occur to me that DVDCCA didn't actually sue 321 studios, but a company named 321 Studios.

      It was actually only 78 studios, but some of those companies had 8x speed burners.

      • It was actually only 78 studios, but some of those companies had 8x speed burners.

        34*8+44*1=316
        35*8+43*1=323

        Evidently 37 studios had 8x burners, but 4 of those studios only ran them at 4x speed for some reason...

  • by kyz ( 225372 ) on Sunday February 15, 2004 @06:56AM (#8284887) Homepage
    You did realise that MPEG-2 is patented, right? Both encoding and decoding, yeah? DVD X Copy decodes the MPEG-2 and re-encodes with DivX (MPEG-4). Both are patented and must be licensed.
    • No. (Score:5, Interesting)

      by Anonymous Coward on Sunday February 15, 2004 @07:08AM (#8284909)
      1. The story doesn't say anything about MPEG, so what you are saying is pure conjecture.
      2. The MPEG licenseholders and the DVD forum are different entities.
      3. MPEG must be *licensed* but due to the nature of the patent sharing agreement that allows MPEG to exist, it is impossible for an MPEG format to be discriminatorily licensed. That is to say, everyone has to *PAY* to use MPEG in commercial products, but everyone has to pay equally-- they can't jack up the prices for people who the MPEG committee doesn't like, or vice versa, and they certainly can't deny use of the MPEG codecs to 321 studios if 321 studios is willing to play.
    • by Yosho_Katsuhito ( 752804 ) on Sunday February 15, 2004 @07:33AM (#8284948)
      ok... now for the FACTS: the XCopy series is ONLY for MPEG2, and Royalties ARE BEING PAID. The recompression that is used in the XCopy programs is a technique known as Trans-coding. This process removes extra MPEG video information that lessens the quality slightly, but does not change keyframes or time. This is actually abusing some of the transport streams damage recovery, and dropping "less important" video information. This, applied in correct amounts at the right times, can shrink a DVD video to the required 4.36 gigs needed for writing to modern DVD R / RW discs. This DOES NOT change the format, as very few players support anything other than MPEG1/2, and the re-encoding process would take forever and a day! Currently, the only program of theirs even using Mpeg4 is CopyPlus5, which does scaled-down AVI files for palm pilots. This feature is broken in current versions of DivX by the way... look elsewhere if you want to do that. chances of an update to DCP5 = slim to none. oh, by the way, MPEG2 is owned by the MotionPictureExpertsGroup I believe, NOT DVDCCA. DVDCCA was created specifically for handling CSS and related tech, and licensing to the various technology companies. Later...
      • As you seem to be well-informed, how about setting up a web site which explains all of that in detail? I don't know that all of that info can be easily found, certainly not in one place, and the whole story on how various recording schemes work would be useful to many people.
  • Devil's Advocate (Score:5, Interesting)

    by Anonymous Coward on Sunday February 15, 2004 @07:13AM (#8284917)
    This is an interesting claim, because since patents are published, something can not be both patented and a trade secret.

    It is not generally possible for idea A to be both a patent and a trade secret. But it is possible for one part of program B to infringe on patent C, and for another part to violate trade secret D.

    Or it could be that DVDCCA is admitting that their earlier suit was wrong.

    (Or it could be that they're full of s**t...)
    • Is there a chance they applied for the patent after the entire planet figured out how DVDs work?

      It's also kind of hard to have something be a trade secret when it's being printed on T-shirts.
  • Unrecognized Patents (Score:5, Interesting)

    by RAMMS+EIN ( 578166 ) on Sunday February 15, 2004 @07:18AM (#8284925) Homepage Journal
    I have a question I hope someone here can answer. Suppose a company is assigned a patent by the USPTO, but not by the patent office in my country. In order for the patent to be assigned to the company, they have to publish their invention. This means that I can find out what their invention is (since it's public), but since the patent doesn't apply in my country, I would not be infringing on the patent by using that information. Is this correct? Why or why not?
    • by servoled ( 174239 ) on Sunday February 15, 2004 @07:30AM (#8284942)
      IANAL, but as far as I know you would be fine if the company does not have a patent in your country, or does not have an application pending in your country which covers the same thing.

      There currently aren't any laws which recognize patents from other countries as being valid in any other country (at least to my knowledge). However, there is such a thing as a world patent filing through WIPO [wipo.org] that files patents under the Patent Cooperation Treaty [wipo.int]. The WIPO does not grant any rights to a filer of the patent other than the right to re-file the patent as a national stage application in each of the countries that are selected during the filing of the PCT application while retaining the original filing date of the PCT application as a priority date. Basically this just allows for an easier way to file a patent application in multiple countries at the same time.
    • by Anonymous Coward on Sunday February 15, 2004 @07:44AM (#8284963)
      Yes, this is correct. If you live in the EU, for example, you can safely ignore US patents and vice versa, since the patent offices are limited in their jurisdiction.

      Btw, I live in Sweden. In my country, you are allowed to build a patented device for your own use or research (on the device itself). Specifically, the law says that non-professional use is exempt. (section 3.3.1)
      • This may not be correct if it is provided via internet download. And the EU patent office ignores current legislation.

        FFII [ffii.org] shall be supported in order to avoid EU patent legislation and we have to join forces in order to correct the mistakes of the Us system.

        software patents are a danger to society.
  • by servoled ( 174239 ) on Sunday February 15, 2004 @07:18AM (#8284926)
    Assuming there is a patent for CSS and 321 Studios is not licensing it, I say fuck em, its their own damn fault.

    Although, as usual, there is no information as to what patent DVDCCA is claiming infringment on, or what components of DVD Copy and DVD X COPY DVDCCA claims infringe upon that patent. So, until we get more information about this case I suspect the large portion of discussion here will be needless bitching and moaning about patents, lawyers and law in general, with the occasional bad joke about someone patenting suing people and how they are going to sue DVDCCA.

    Wait until more facts come in before you assume that DVDCCA is wrong in this case.
    • by trezor ( 555230 ) on Sunday February 15, 2004 @07:26AM (#8284937) Homepage
      • Assuming there is a patent for CSS and 321 Studios is not licensing it, I say fuck em, its their own damn fault.

      So you seriously believe that the DVDCCA would license CSS to 321 studios?

      After all they tried to suit 'em hard (as usual) for making it software which made it possible to backup your DVDs.

      After they lost that case, yeah, they're probably eager to license them the technology.

      I salute 321 studios for what their doing, and I despice DVDCCA and the likes of them, for trying to make it unlawful to backup your own media.

      I say fuck the DVDCCA, and that's not just a gut reaction.

    • by ncr53c8xx ( 262643 ) on Sunday February 15, 2004 @08:27AM (#8285051) Homepage
      Assuming there is a patent for CSS and 321 Studios is not licensing it, I say fuck em, its their own damn fault.

      As another poster pointed out, CCA will not license it 321. In fact, the conditions CCA imposes on the software makers are much more restrictive. The software maker cannot, for instance, provide and option to skip over the ads and trailers in the DVD.

    • You have all the information. Organization created by the big media corporations is attacking a small corporation about DRM technology. Rather disgusting topic.

      What is more insteresting however, is that little detail: once upon a time, CSS was supposed to be trade secret, now it's patent. It can't be both.

      This means that eihter a) this lawsuit is pure rubbish or (more interesting) b) lawsuits against people publishing DeCSS were brought under false pretense. This may have very interesing legal effects. Fo
      • or c) the patent in question has nothing to do with the trade secrets that were argued about in the previous lawsuit.

        The fact remains that we don't know exactly what the DVDCCA is claiming infringment on. Your assumption that the previous trade secret law suit and the current patent law suit are based upon the same piece of technology is unfounded. Until we know more details we can't say for sure if DVDCCA has a valid case or not.

        Also, just because a big company is suing a small company about DRM does n
  • by Fzz ( 153115 ) on Sunday February 15, 2004 @07:21AM (#8284929)
    This is an interesting claim, because since patents are published, something can not be both patented and a trade secret.

    This is not necessarily a contradiction. The CSS algorithm (or business model!) could be patented and published, and the player keys could still be a trade secret.

  • by 0x0d0a ( 568518 ) on Sunday February 15, 2004 @07:21AM (#8284930) Journal
    IANAL.

    The trade secret approach would be dead in the water. Trade secrets provide protection against leaks, where employees disclose information that they shouldn't, but not protection against people reverse engineering, rediscovering, or reimplementing something.

    The only thing left is patents.

    It would be interesting to see if this approach works. If the case is won by the DVD CCA, it provides a strong argument against the DMCA -- patents alone would provide sufficient protection for at least some copy control technologies. If it's lost, then they've lost one more layer of protection.

    I'd have to see the patents, but I'm a little doubtful that they really have CSS patented. The mechanisms involved are not revolutionary. Patents don't protect an end product -- just a particular process that yields that end product -- so I'd be suspicious that a patent would either not cover the work being done or would not be valid.
    • Patents don't protect an end product -- just a particular process that yields that end product

      This doesn't seem to hold for at least some of the software patents out there. Amazon managed to patent "one click shopping". This means nobody else can implement one click shopping, even if they use an entirely different process (source code) from what Amazon does.

      If what you say was true (which I wish it was), software patents wouldn't give you any protection you don't already have using copyrights, but for

      • It is true, you're just not looking at it properly. In your example the product is not the one click shopping, it is the placing of an order with a store, the process is one click shopping. Amazon cannot patent placing an order, just *a particular process that yields that end product*.

        In theory you could also impliment one click shopping as long as the process is slightly different from amazons, but who would want to? One click shopping is a stupid idea.
    • by Rich0 ( 548339 ) on Sunday February 15, 2004 @08:44AM (#8285111) Homepage
      I wonder if CSS even meets the criteria for patentabilty. Donesn't a technology have to be both novel and useful to be eligible for patents?

      I'd argue that an encryption system which was already broken half a decade ago by a teenager is NOT useful. CSS's only application is legal - to invoke the DMCA. However, the protection to copyrighted works already applies to movies under regular copyright law - they didn't need CSS to get legal protection for their works.

      If CSS really were useful it would have been unbreakable - and then they wouldn't need all these lawsuits to prevent DVD copying - since their technical control would be enough. Of course, making an unbreakable encryption system where the decryption keys are embedded in millions of devices that cost under $100 to buy is impossible. The best they could hope for is digital sigs - so they could at least control the authoring of content (as is done with game consoles) - then only the public key is in the open and susceptible to hacking. It doesn't prevent modding, but in the DVD market modding is not going to be significant.
    • by SiliconEntity ( 448450 ) * on Sunday February 15, 2004 @01:04PM (#8287037)
      How quickly we forget the history. I guess we remember what we want to believe rather than the truth.

      First, the truth is that CSS was not reverse engineered, rediscovered, or reimplemented in a legal way. It was leaked. The Xing DVD player failed to implement its contractual obligation to obfuscate the CSS algorithm and key. This failure played a crucial role in the public discovery and publication of this information. It was Xing's failure to guard the trade secret information that allowed it to leak out and led to DeCSS.

      Second, the algorithm was not broken by a teenager. Rather, once it was extracted from Xing's software, professional cryptographers were able to identify weaknesses in CSS that let disks be played even without a player key. Some cryptographers have opined that it might have been possible to break the algorithm even without access to the trade-secret source code. But this opinion comes with 20-20 hindsight. It is absolutely the case that no one broke CSS before the source code was published, despite claims that it was absurdly weak.
  • by j7953 ( 457666 ) on Sunday February 15, 2004 @07:25AM (#8284935)

    Of course the same thing cannot be both patented and a trade secret, but the method that CSS uses to "protect" content can be patented, while the actual keys used can be trade secrets. RSA used to be patented, but the secret keys people used were secret anyway.

  • Buncha Hooie... (Score:5, Informative)

    by Anonymous Coward on Sunday February 15, 2004 @07:25AM (#8284936)
    As an Ex-Employee, I can say this: They are fully expecting to get shut down. Many of their internal business practices are "Profit before perfection" and it shows. They plan on getting as much buck as possible before any bad rulings shut them down. looking for the basis of XCopy? check out IfoEdit (freeware!!!). GamesXCopy? look for GameJack (gamejack.org) combined with Daemontools! Step 1: release barely-functional software. Step 2: Step 3: Profit! Nearly everything they have is un-original. Only the transcoder for re-compressing MPEG2 is original. Burning system? why, that is CopyToDVD. Reading? BlindRead, with CSS hacks. They claim that they are fighting for the users, but fire an AVERAGE of 30 people per month. This is from a total of around 180! Fellow Slashdotters, beware! This is NOT a company to feel sorry for. Instead, we need to rally behind the idea that open-source versions being legal. my 2-cents... btw: anon so that old friends don't get the boot too.
    • Good info--thanks. And the nice thing about the open source versions is that even if they are declared to be "illegal," there's no stopping their distribution.
  • by rollingcalf ( 605357 ) on Sunday February 15, 2004 @07:36AM (#8284951)
    What do you mean something cannot be patented and also be a trade secret?

    Our store-bought legislators have allowed software to be patented, copyrighted, trademarked, and be a trade secret all at the same time!

    The algorithms in a patent may not actually work as described, because there is no requirement to prove them for correctness or submit a working program. There may be subtle modifications required to get it to actually work. However, if you implement a working program that does the the same thing you can be sued for infringement.

    Second, the patent language is usually so obfuscated with legalese, redundancy and excess verbosity that the patent is of little use to someone who wants to build a working program.

    The lack of a requirement to publish source code, combined with the obfuscated patent language, allows software to effectively remain a trade secret even after it has been patented.
  • Just wait... (Score:5, Insightful)

    by Kjella ( 173770 ) on Sunday February 15, 2004 @07:46AM (#8284969) Homepage
    This is an interesting claim, because since patents are published, something can not be both patented and a trade secret.

    Copyright
    Trademark
    Trade secret
    Patents
    Methods
    Designs
    "Intellectual Property" without further elaboration

    Companies would like to try "all of the above". They want all of the protections, while giving nothing in return. What's even worse, is that I think many politicans and such actually believe that they're doing the right thing to "promote the science and arts" by doing so.

    Unfortunately, in the capitalistic society money is equated with results - i.e. the more IP protections, the more revenue generated from IP, and thus the more invested in IP, and the higher the investments, the further the science and arts are promoted.

    The flaw in the argument is that progress is equated with profit. In that context, the Linux kernel would be "worthless", the only value would be what value IBM, Red Hat, Tivo et al manage to add, not in the kernel itself, since that isn't what generates profit. And yet it's beyond a doubt a great scientific achievement.

    In the same way, that music that simply makes your heart tremble with pure joy, is "worthless" unless it generates profit. Or that beautiful painting or statue or carving or any other object made for the art's sake, not for the money's sake.

    Yes, money is a means to promote science and arts, scientists and artists need to put food on the table as well. But it is hardly the source of scientific interest or artistic inspiration. Money is simply one part of many - like education, culture, status, access to related works of past and present - in order to realize those desires.

    Kjella
  • by Peter Cooper ( 660482 ) on Sunday February 15, 2004 @08:02AM (#8284997) Homepage Journal
    Wow, they have a fight on their hand. A Slashdot story from just over five years ago [slashdot.org] claimed Microsoft had already patented it! (As an aside, check out the /. user ids in that old post)
  • TLA overload (Score:3, Insightful)

    by alien_blueprint ( 681111 ) <alien_blueprint@noSpAM.hiredgoons.org> on Sunday February 15, 2004 @08:03AM (#8285000) Homepage Journal
    When first looking at the story title write up, I was aghast to see that someone would try to claim that they had patented Cascading Style Sheets.

    Aside: Perhaps it would help if these story write ups contained slightly more than zero information? If we have to read the article to figure out what the story is even about, perhaps /. should give up on story titles and descriptions and just post raw HTML links. When submitting a story, at least try to imagine that people aren't as obsessed over the whole DVD thing (or whatever you're reporting on) as you and might not automatically know or care what "DVDCCA" is. It would have taken one well-written sentence to provide the context.

    • It's part of the whole computer science ethic of never using a concise phrase when they could use a three-letter-acronym that is used for many different purposes instead.

      Mathematicians really like this approach too, except they try to name everything a single unicode symbol, going through the latin and greek alphabets (For example pi can be a constant 3.142... or it can be a variable) and sometimes trudging into Cyrillic and Hebrew rather than have multi-character variable names. No doubt the addition of K

  • by axxackall ( 579006 ) on Sunday February 15, 2004 @08:05AM (#8285004) Homepage Journal
    They all should stop filing suits againsta each other. Instead they should file the suit against USPTO, blaming it for the unfixable stupidity, for using the broken law system. USPTO bad business practices is a danger to strategic interests of USA in general.
  • Patenting software (Score:3, Interesting)

    by smallfeet ( 609452 ) on Sunday February 15, 2004 @08:46AM (#8285123) Journal
    Here is an interesting article I found about copyright and patents and the patenting of software:

    DISTINGUISHING PATENT AND COPYRIGHT SUBJECT MATTER [asu.edu]

    Not sure I agree on the hardware equivalent of software test for patents, things are not that cut and dry most times.

  • Has anyone found the actual patent on the USPTO site yet? The only thing I found relating to a DVD copy protection scheme was this Intel patent [uspto.gov], but the method described by the patent doesn't seem to resemble CSS at all...
  • Yikes. It's fundamentally impossible for something to be a trade secret and patented. A patent demands that a thing be disclosed in the "letters patent" submitted to the USPTO.

    This, by it's nature, contradicts the idea of it being a trade secret since, by definition, it would have to be completely disclosed.

    I wonder if this is grounds for DVD Jon to file a lawsuit.

    BTW... *PLEASE* when posting to this section, give the patent number involved. It's damn frustrating to guess. :)
  • You CAN Have Both (Score:5, Informative)

    by Compulawyer ( 318018 ) on Sunday February 15, 2004 @11:02AM (#8285866)
    I am a patent lawyer (in the US) who specializes in computer software (Stand down flamers and read on - you might learn something).

    A patent provides the exclusive right to make, use, and sell the invention listed in the claims section of the patent. Generally, claims are drafted so that theyy encompass functions - HOW the software works. The goal of claim drafting is to describe the invention broadly enogh to get the most possible coverage, but not so broadly as to describe prior art.

    It is possible for the same claim to cover several (or many) different implementations. Take for example an automotive rearview mirror. If my claim says the following:

    I claim a mirror for use in an automobile, the mirror being generally rectangular in shape and mounted in a central position at the top of an automobile windshield.

    then everyone knows that if they make a generally rectangular mirror and mount it in the position decribed, they infringe. BUT - if someone makes a ROUND mirror and/or mounts it on the car door (side view mirror), they do NOT infringe.

    With software, if you describe functionality that no one has done before, you can get the exclusive right to implement that functionality in your patent. You MUST disclose the BEST WAY KNOWN TO YOU AT THE TIME YOU FILE YOUR APPLICATION of achieving that functionality. There is no way to claim the implementation you disclose as a trade secret.

    HOWEVER - let's say that after your patent issues, you develop a new implementation that still performs the same function. You have patent protection for the function itself. You ALSO have the right to protect the NEW implementation (not disclosed in the patent) as a trade secret.

    I am not going to argue the policy of whether this is a good or bad thing. I am just here to tell you that this is the current state of the law in the United States. Save your flames for the SCO threads please.

    • That's all good and well, but I have a couple questions:

      1) So if DVDCCA patented a particular method of doing CSS, and then came up with a better one later on, they'd have both patent and trade secret protection, the former on the original algorithm, and trade secret protection on the new and improved algorithm, right?

      2) Someone comes allong and creates a clean room implimentation of the new algorithm. Is that infringment?

      3) Someone comes allong and creates yet another clean room implimentation of a CSS
      • Some more thoughts (Score:5, Insightful)

        by Dogun ( 7502 ) on Sunday February 15, 2004 @01:50PM (#8287421) Homepage
        So I looked up the patent:
        METHOD FOR MINIMIZING PIRATING AND/OR UNAUTHORIZED COPYING AND/OR UNAUTHORIZED ACCESS OF/TO DATA ON/FROM DATA MEDIA INCLUDING COMPACT DISCS AND DIGITAL VERSATILE DISCS, AND SYSTEM AND DATA MEDIA FOR SAME, #6,684,199
        and here is the method they claim:
        (a) reading the mixed data from said media;
        (b) detecting the predetermined errors from the mixed data;
        (c) comparing the predetermined errors to the at least one authentication key or component thereof;
        (d) authenticating the at least one of the media and the data in the mixed data responsive to the comparing step;
        (e) removing the predetermined errors from the mixed data via a decoding operation resulting in substantially the data; and
        (f) outputting the data as at least one of audio, video, audio data, video data and digital data substantially free of the predetermined errors.

        They elaborate on a number of those points, but they don't on "detecting the predetermined errors from the mixed media."
        I tried but failed to include a snip in here from libdvdcss-1.2.8, css.c (distributed under the GPL) , but here's the general idea:
        int _dvdcss_unscramble( dvd_key_t p_key, uint8_t *p_sec )
        {
        if (p_sec[0x14] & 0x30)
        {
        some funky math involving pluses, minuses, and bitwise operations
        while (p_sec != p_end)
        { do a lot more funky math to determined the correct data, incriment P_sec }
        }
        return
        }
        Now, the question I have is this: If they computed the decryption for the entire block, for every block (whether or not it has errors), and not just blocks that had that 0x30 bit on in 0x14, and then decided which of the two blocks was a valid block, the encrypted one or the decrypted one, would they in fact be 'detecting predetermined errors' (as is not very well described in the patent)?
        • "METHOD FOR MINIMIZING PIRATING AND/OR UNAUTHORIZED COPYING AND/OR UNAUTHORIZED ACCESS OF/TO DATA ON/FROM DATA MEDIA INCLUDING COMPACT DISCS AND DIGITAL VERSATILE DISCS, AND SYSTEM AND DATA MEDIA FOR SAME, #6,684,199"

          Then 321 Studios isn't violating the patent, because 321's software implements a method for "accessing data on digital versatile discs for media licensees and for fair use purposes".

          321 certainly didn't implement a method of minimizing piracy, in any case ;)
        1. Correct.
        2. Yes, so long as all the steps or "elements" of a valid claim of the patent are contained in the implementation. Clean room techniques do not protect against patent infringement - only designing around the claim can do that.
        3. Yes, for the same reason as 2.
    • I am not going to argue the policy of whether this is a good or bad thing. I am just here to tell you that this is the current state of the law in the United States.

      And you're okay with that? You sleep well at night knowing you're a willing participant in this defective system?

      Schwab

      • There is no such thing as a "perfect system." Your very existence as a member of the human race is your participation in an imperfect system. If the system were perfect, we would not have the social problems that plague us.

        MY participation in the system ALWAYS works to try to make the system better whenever possible.

  • by tiger99 ( 725715 ) on Sunday February 15, 2004 @03:36PM (#8288217)
    Is it not time for a court judgment to recognise the difference between exercising your right to play the DVD on any computer, running any OS, anywhere, and attempting to make illegal copies? The two are not the same, yet in every one of these vile cases, they are made to seem as if they are.

    Next they will try to enforce reading books only in approved places such as libraries. It will be illegal to use an unapproved magnifying glass to see the text more clearly. You may read only under an approved light source.....

    None of that will stop you using the photocopier, an entirely separate issue.

Most public domain software is free, at least at first glance.

Working...