MPAA Sues DVD Chip Manufacturers 624
WhatAmIDoingHere writes "The Motion Picture Association of America has sued two chip manufacturing companies for selling integrated circuits to manufacturers that produce non-approved DVD players."
C makes it easy for you to shoot yourself in the foot. C++ makes that harder, but when you do, it blows away your whole leg. -- Bjarne Stroustrup
Lawyers Profit! (Score:5, Interesting)
Let me get this straight. The content scramble system can be disabled with chips sold to companies with licenses to distribute systems with copy-protection? I smell another SCO-styled lawsuit. When will people learn? These chips could be valuable in the development of technology to prevent copy theft, and even then, since these chips are only being sold to licensed distributors, I see that the MPAA, or whoever is in charge of these licenses, could have simply yanked the licenses instead of wasting precious court time and money... that is, unless, the MPAA knew damn well they didn't have a case for revoking these licenses, so they figured they had better make an example of these companies by suing them for lost revenue. It's almost parallel to a police department charging another department for sending drugs or illegal firearms to a third party for analysis. It's totally trumped up! IANAL, but I think with these kinds of cases going around the block, I would like to be one! Lawyers are the only ones who profit from these hyped up dramas!
Time for a revolution (Score:3, Insightful)
No, I don't think I'm out of control. I think the industry is out of control, and the government's going right along with it (both major parties).
Comment removed (Score:5, Informative)
Re:Lawyers Profit! (Score:5, Interesting)
Comment removed (Score:5, Insightful)
Re:Lawyers Profit! (Score:5, Insightful)
If this is still a problem for you, you should remind yourself that it's only a show and you should really just relax. If you don't like what they are selling it for, then vote with your pocketbook and don't buy it. This isn't food, it's entertainment, and the government shouldn't get involved in what entertainment costs.
Cavaet: Copyright extentions still suck and are completely inappropriate, and, in my opinion, are nothing more than corporate theft from the public domain. But, while a copyright of reasonable length is still in effect, the owner of the copyright should have complete control of the work.
copyright of reasonable length (Score:5, Insightful)
Actually, I don't KNOW that it's not there, because I've never looked at the specs. But I'm absolutely sure it's not, because otherwise we'd have seen 'clock hacks' to bypass "protection" long ago. The lack of a 'copyright expiration field' might be taken as an indication of intent to keep extending copyrights forever. (I suspect it's really negligence, but I'll bet the MPAA never gets sued over their negliegnce, only chipmakers.)
I don't disagree with you. This is indicative of another problem the US is refusing to face. Back in 1992, Clinton tried to make health care reform a national focus. AS A NATION, we turned our backs on the whole issue, and it has come back to bite us badly. IMHO, health care costs are in large responsible for migration of jobs overseas. Not that I necessarily cared for Clinton's plan, BUT WE REFUSED TO EVEN DEBATE THE MATTER! Our bad!
The entire field of intellectual property NOW needs the same kind of national debate. We are in the process of screwing over our national competitive posture by pretending to stay with existing ways.
Re:Lawyers Profit! (Score:3, Informative)
"With most U.S. independent films, the producer sells the right to distribute his film in the U.S. at a loss to a distributer like Sony...
to
"Thus, if you buy a region free DVD player, you're stealing from the producer, not the big bad distributer ...."?
Seems to me enforcing a system where the independent film maker sells American distribution rights at a loss it's Sony who's doing the stealing.
Re:Lawyers Profit! (Score:5, Insightful)
I'd suggest that distributors are, in fact, very good at writing contracts. One only needs to look at book deals to see this. I find it hard to believe that a film distributor is completely incapable of writing an exclusive distribution agreement into a contract and enforcing it, whereas the book publishing industry has no such problem.
Thus if I buy a region-free DVD player (as I have) I fail to see how I have "stolen" anything from anybody. I certainly haven't stolen from the producer so long as I buy a copy of the film I watch; if the producer has a good contract, he still gets his royalty cheque. If the producer does not have a good contract, then the only person "stealing" anything from anybody is the big bad distributor.
Re:Lawyers Profit! (Score:5, Informative)
That said it still pisses me off in general.
Re:Lawyers Profit! (Score:5, Interesting)
Re:Lawyers Profit! (Score:4, Funny)
Exactly -- just as with book publishing, where if the publisher only has, say "North American rights", he uses region encoding on the book so that even if a copy makes its way overseas, nobody can read it.
Oh, wait...
Re:Lawyers Profit! (Score:4, Insightful)
Re:Lawyers Profit! (Score:5, Funny)
They plan to make it up in volume.
Re:Lawyers Profit! (Score:4, Informative)
To quote Larry Lessig [lessig.org]...
Note to citizens: We're permitted to change the law.
- Neil Wehneman
Re:Lawyers Profit! (Score:4, Insightful)
With all due respect to Larry Lessig...
Note to large organized groups of citizens which have the capability to buy or strongarm enough congresscritters: you are permitted to change the law.
Note to the rest: you are still screwed.
No (Score:5, Insightful)
No, they have not broken the law, they have violated the terms of a contractual agreement. If they had broken the law a government entity (fed/state/county/etc) would be filing the charges not a company.
IANAL, but, AFAIK, (Score:3, Informative)
Re:IANAL, but, AFAIK, (Score:3, Informative)
No, the GPL is a license.
KFG
GPL is not a contract (Score:3)
Re:Even Reuters can't spell (Score:4, Informative)
Man, its getting bad when even news articles spell LOSE wrong....
You can lose money.
A shoe string can come loose.
They mean different things...and are pronounced differently...PLEASE get it right...
Re:Lawyers Profit! (Score:3, Insightful)
Re:Lawyers Profit! (Score:4, Informative)
Contract violation is a civil offense, not a criminal offense. Someone who has broken a contract has not violated the law.
Thanks, Steve.
Didn't break the law if the contract was illegal. (Score:4, Insightful)
If one of the contract provisions is illegal, the party to the contract is not bound by it, and may violate it with impunity.
Unless there is verbage to the effect that some rights granted to that party conditional on his performance on that provision, and are voided if he can not perform on his side due to laws to the contray, he doesn't lose the rights granted. The illegal provisions are by default separable.
At least that's how I, who ANAL, understand it.
The primary function of the CSS and its licensing regime is not to inhibit unauthorized copying (although it does make it - along with fair use - slightly more difficult for the non-techies among the general population).
The primary purpose is to support both shady and explicitly illegal business activity: Regional pricing / price fixing and inhibition of international resale, regional distribution timing and availability control, and regional content censorship.
This could be construed to make adherence to the contract terms that require sale of chips only to licensees who build products that adhere to the regional coding schemes unenforcable.
= = = =
I just realized: It might be possible to bring a suit against the MPAA/CSS scheme in international courts under GATT!
Re:Lawyers Profit! (Score:4, Interesting)
Having worked at several law offices now I can tell you that that is not how things happen. I'm not saying that no one has ever been talked into doing something from a lawyer, but far more common are greedy clients who want to amass voluminous wealth through the court process. Lawyers are certainly responsible for a lot of these messes, but not because they talked people into filing the suit.
It's OK (Score:5, Funny)
Re:It's OK (Score:5, Insightful)
Re:It's OK (Score:5, Informative)
Re:It's OK (Score:5, Informative)
(b) ADDITIONAL VIOLATIONS. (1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that (etc.)
and
(c) OTHER RIGHTS, ETC., NOT AFFECTED. (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.
Nothing about possessing or using technology that bypasses encryption. Its legal to have, use and modify, just not distribute. Kind of like the GPL.
Re:It's OK (Score:4, Informative)
He blatantly skipped (a) [cornell.edu] which makes circumventing criminal. Courts have ruled the DVD-CCA system is an "effective access control system", and short of having the DMCA overturned, circumventing their system is clearly illegal.
His refference to "(c) OTHER RIGHTS, ETC., NOT AFFECTED" is pointless because violating the DMCA is not copyright infringment. There is no fair use defence to violating the DMCA. Saying a non-existant defence is "not affected" is just plain offensive.
-
Re:It's OK (Score:4, Funny)
They exit the room four hours later, flushed and smiling.
How many different crimes have been committed?
Re:uh... (Score:3, Insightful)
Re:It's OK (Score:5, Informative)
It depends on where [theregister.co.uk] you live. [theregister.co.uk]
I think this would make and interesting case (Score:5, Interesting)
Re:I think this would make and interesting case (Score:3, Informative)
So, you can't watch your films on your $4,000+ projector because of the crippleware.
My business terms... (Score:3, Interesting)
Well, it is legal where I live (Norway), but many others can be thrown in jail for this. Nevertheless, I'm not doing it: Even if I can make myself a region-free DVD player, if they don't respect me as a customer enough to sell me one without that crap, they're not getting my money. Those are my terms. I know that it may imply that I can't play some DVDs that refuse to play on region-fr
Re:No it's not (Score:4, Funny)
Re:No it's not (Score:5, Interesting)
Re:No it's not (Score:3, Funny)
Re:No it's not (Score:5, Informative)
1) Modifications you make yourself are NOT illegal under the DMCA.
2) Distributing those modifications (parts or instructions) IS illegal.
3) Making your modifications does not relieve you of the burden of copyright law.
How did you get modded +5 informative?
Re:No it's not (Score:4, Informative)
The anti-trafficking provisions are in addition to the anti-circumvention provisions. See also any [ucla.edu] published [chillingeffects.org] analysis before pontification.
Re:It's OK (Score:5, Insightful)
The scary part is that there are no politicians who care about what consumers (citizens by the way) are being forced to accept to defend the big corporation's revenue streams.
If we had the same group of scumbags in government back when the car was invented, I'd probably own a ridiculously overpriced horse and carriage today.
Additonal functionality disallowed? (Score:4, Insightful)
Damien
Just annoyances anyway... (Score:5, Insightful)
Give me a break. All of their "security" features have been easily broken by widely known software/hardware out there. In fact the only thing that "security features" do is make the general public annoyed.
Take for example the TV/VCR combo I use in my bedroom. I have no need for a huge TV in there as I have two larger TVs elsewhere in the house. I hooked up an old DVD player to it. The TV thinks that I am trying to copy DVD's and enables Macrovision. There is no way to disable the Macrovision (at least from what I can find on the net) for that DVD player.
Thus I am stuck w/removing the macrovision using available software and reburning so I can enjoy the DVDs I have purchased.
Re:Just annoyances anyway... (Score:3, Insightful)
It's not news that security features only keep hone
Re:Just annoyances anyway... (Score:5, Insightful)
Does the Security Locker Association of America sue Masterlock for having a lock that be opened with bolt cutters or a torch?
Re:Just annoyances anyway... (Score:5, Insightful)
Re:Just annoyances anyway... (Score:5, Insightful)
Re:Just annoyances anyway... (Score:5, Insightful)
Re:Just annoyances anyway... (Score:5, Funny)
Incorrect, commie.
According to the RIAA, you should simply buy a new shed.
Re:Just annoyances anyway... (Score:3, Insightful)
It's not news that security features only keep honest people out.
Yes and sometimes we get locked out of our own homes/vehicles. Sigh.
Re:Just annoyances anyway... (Score:4, Insightful)
Care to explain that again? Sorry, bub, but unlike a citizen's private property, companies don't have a guaranteed right to profit--no matter what cockamamie ways they come up with to make it seem that way. You've been duped. The MPAA's licensing tactics are no different than kneecap-protection policies offered by Vinny & Sons.
Re:Just annoyances anyway... (Score:4, Informative)
I'm sure you're aware of this, but to clarify: The DVD is marked with a macrovision flag that tells the DVD player to produce an incorrect NTSC signal intended to mess with the automatic gain of a VCR. The DVD player obligingly corrupts the signal. Many TVs have problems with a macrovision-corrupted signal, especially TV/VCR combos.
I have this problem as well, but I get around it by only buying DVD players in which the macrovision "feature" can be disabled. I don't do this to copy DVDs, I do it so I can watch them.
Re:Just annoyances anyway... (Score:3)
Lik-Sang to the rescue (Was:Just annoyances any..) (Score:3, Informative)
On-on!
Insane. Absolutely Insane. (Score:5, Insightful)
A book publisher can sue Xerox because one of their copy machines was purchased for the purpose of making illegal copies of books?
A camera maker? Companies that make pens?
Re:Insane. Absolutely Insane. (Score:5, Insightful)
There's a difference.... (Score:3, Insightful)
Guns were designed to kill things, so I suppose they shouldn't really sue the manufactures for making guns, they should sue the government for letting them.
Media-players should be designed to play media, not prevent you from playing media.
Re:Insane. Absolutely Insane. (Score:3)
With tobacco, the interesting part is the "choice" involved. Personally, I don't have a problem with the fact that cigarettes are harmful to one's health, but rather the addictive power of nicotine. That's a legitimate avenue to pursue, in my opinion, as opposed to the ridiculous restrictions on advertising and other means by which government is trying to eliminate smoking.
Try reading the article... (Score:3, Interesting)
They are suing them for violating a contract. Do you have a contract with Ford forbidding them from selling cars to drunks? I doubt it. But the MPAA apparently has a contract limiting who the chip manufacturers can sell their chips to, and the MPAA claims the chip manufacturers are violating that contract.
Re:Try reading the article... (Score:3, Insightful)
Re:Insane. Absolutely Insane. (Score:3, Interesting)
The MPAA owns CSS. They license it to these companies, and say "You can use our CSS stuff, but only sell it to people on this list". Sell outside the list, break the agreement, get sued. That's what's happening.
This is more like Apple suing Real because Real is using Apple's DRM without Apple's permission, though that's not the same either, but it's closer.
They've been selling these chips forever, and the MPAA has been happily collecting it's royalties for CSS. What I wonder is, why now?
That is,
Of course (Score:4, Insightful)
Of course...because approved piracy/ region modding is okay, but heaven forbid it be done without approval?
Comment removed (Score:5, Funny)
Absurdity and Orwellianism (Score:5, Insightful)
"The MPAA said the suits against Sigma Designs Inc. and MediaTek Inc. followed testing that it said proved the two were selling microchips to companies, whose DVD players lack what the MPAA called "appropriate security features."
What rubbish! If you want to be a "pirate" (and let's call it something else, please), you can copy a DVD any time you want. Just do a bit-by-bit copy, and voila! A copied DVD. These manufacturers do not enable theft in any way.
And what's with all this Orwellian "piracy" anyway? Those manufacturers don't conform to the precise specs the industry wants, so off with their heads? How about what the consumer wants? Oh, right, we don't count.
Re:Absurdity and Orwellianism (Score:5, Informative)
I you're talking about copying to a DVD-R, a bit-by-bit copy would produce an unplayable DVD. The CSS key is pre-recorded and thus the copy can't be decrypted.
Re: (Score:3, Insightful)
Piracy Isn't Just a Naval Term (Score:5, Informative)
[stock rant]
The press rightly continues to use the word 'piracy' for illicit copying and distribution of original materials. Some think it's a new phenomenon, and hard to square with the traditional image of the Jolly Roger and swashbuckling robbers-at-sea. The use of the word 'piracy' as signifying an unauthorized copy of a manuscript is hundreds of years old, long before modern Copyright doctrine was developed. From http://www.ninch.org/forum/price.report.html [ninch.org]:
That's Dr. John Fell (1625-86), who was given the title of Bishop of Oxford in 1675.
[/stock rant]
Now, the word "theft" is the word I object. One cannot steal an idea, one cannot steal the text of a book, one cannot steal the image of a mouse. Even if it is copied and the copy is somehow proven to impact the sales payable to the original creator, it is not theft. The original creator is not denied the chance to continue to sell their creation. It is a crime to infringe the creator's rights of monopoly, but it is not "theft." Rightly, the courts have also recently been pointing out to the MPAA that their aggressive rhetoric is squarely outside the definitions of law.
Re:Piracy Isn't Just a Naval Term (Score:3, Interesting)
I can't agree with that statement. The pirate receives something (a string of bits, an idea, a computer file, whatever) and gives nothing in exchange. The pirate has acquired something that, by all rights, he should have paid for.
In copying the latest music from the 'net, you have a
Re:Piracy Isn't Just a Naval Term (Score:4, Funny)
Umm... you are reading Slashot, aren't you? You've just acquired some stings of bits, some ideas, and some computer files and have given nothing in exchange.
THIEF!!!
Everybody always remember (Score:5, Funny)
Devices which inadvertently allow consumers to exercise fair use rights: Dangerous and damaging
Re:Everybody always remember (Score:5, Insightful)
I know you were being facetious. But yes they are.
"God created men. Sam Colt made them equal."
Disarming the law-abiding doesn't solve the crime problem.
Even if you lived in a fantasy universe where you could de-gun everybody including the crooks, there are arrows, swords, spears, clubs, sling, rocks,
And if you managed to disarm everybody and everything, would you have stopped crime and violence? Absolutely not. You'd just have put everybody at the mercy of the strongest bullies. Kiss civilization goodby - it's back to feudialism, or worse.
What guns do is make it possible for anyone, strong or weak, young or old, male or female, black, white, yellow, or brown, to be about equally deadly - with minimal expense and a few hours of training.
The net result is a massive and sustained reduction in violence. The good guys were never a problem. The bad guys mostly learn to stop attacking the good guys (and stick to stealing their stuff when they're not there to watch). The few who insist on attacking an armed population repeatedly are soon wounded and taken "out of service".
And on the political level, the government with an armed population is much less able to oppress it.
A vote for citizen disarmament is a vote for violent crime, tyranny, genocide, and the rule of psychpathic strongmen - at both the wholesale and retail level.
Re:Everybody always remember (Score:3, Insightful)
Where's this proof? (Score:5, Insightful)
I still haven't seen a single piece of documentation that can dirrectly link a damage to the music industry as a result (even in part) by file-sharing.
Isn't this a licensing issue (Score:4, Informative)
I'm not saying I'm a big fan of the MPAA, but this sounds like a tempest in a teapot. It's not like these companies somehow came up with some workaround and the MPAA was jumping all over them.
Fanatics who don't want to RTFM are welcomed to mod me down.
Re:Isn't this a licensing issue (Score:3, Interesting)
Might the MPAA's own actions be in violation of anti-trust laws [cornell.edu]?
Chips? *Cough* VLC and MPC *Cough* (Score:5, Interesting)
Media Player Classic
http://sourceforge.net/projects/guliverkli/ [sourceforge.net]
VLC
http://www.videolan.org/ [videolan.org]
Pick yer platform
Re:Chips? *Cough* VLC and MPC *Cough* (Score:3, Insightful)
Stand-alone player sans computer, please.
YOu seem to have left out that link.
Sold to DVD Makers (Score:5, Interesting)
Re:Sold to DVD Makers (Score:5, Informative)
People who were early adopters of HDTV's (i.e. they ONLY have component inputs for HD, no DVI or HDMI) are pretty pissed about the whole situation.
Re:Sold to DVD Makers (Score:5, Interesting)
I have to agree (Score:5, Insightful)
You mean we _haven't_ learned anything (Score:5, Insightful)
In other words, "We didn't learn from the backlash against the recording industry, so we'll do it again. Only harder."
Bad journalism... yet again. (Score:5, Insightful)
And DVDs would have been less successful if CSS didn't exist? There is proof of that?
Haven't we seen studies claiming that the record industry has not been damaged, e.g. that sales are only lower than the RIAA's flawed and over-optimistic projections? Even studies claiming that file sharing might have a positive impact on record sales?
It seems to me that many journalists these days don't actually investigate or research anything, they just take industry or political press releases and report the spin as fact. Or am I too cynical?
Comment removed (Score:5, Insightful)
Re:Aided? How!? (Score:3, Funny)
And the next month, "Piracy is ruining the industry!"
I just can't understand how these people think.
The Real Reason (Score:5, Insightful)
Bizzaroman World (Score:5, Insightful)
The meteor has crashed, the dinosaur is dying.
Speaking with a family friend who is getting involved in indie film production, the big studios are banking more and more on the one profitable hit out of the ten movies produced and on DVD sales and rentals than ever. Neither of us go to the movies very often any more to see anything produced by a big studio (the last movie I saw was Eternal Sunshine... and before that? Lord of the Rings 3?). I'd just as soon keep my money and see student films or whatnot over repackaged fluff. It all makes it to HBO within a year anyway.
This is one reason I think the studios are balking at going digital, for while it appears to slash their distribution costs, it also enables theatre owners to use the equivelent of an iTunes Music Store for their first-run movies.
Sorry dinosaur, comet has hit. Why sue chip manufacturers? The only image your damaging is your own, makes fuck-all difference to any with either 1) a modicum of nerdibility or 2) anyone with a hobby that is of lower abstract cost than watching fabricated reality (meaning people flock to most benefit for least effort; if the MPAA continues alienative customers, customers will choose other form of entertainment and forget Hollywood ever existed).
It's Darwiniaan (sp?): adapt or die. Lawsuits are not indications of adaptation.
Legal precedent? (Score:5, Insightful)
I should not be liable for murder selling a knife used to kill someone. I should not be liable for murder for selling a car that someone used to kill someone. I should not be liable for copyright infringement for selling a photocopier to someone who uses it to copy books. And I certainly shouldn't be liable for infringement for selling legally licensed chips to someone who misuses them... and neither should these chip makers.
Surely there is legal precedent to such a simple argument.
Re:Legal precedent? (Score:3, Interesting)
So you haven't seen the lawsuits against the gun industry for selling a perfectly legal product, in a very highly regulated industry and yet they're being sued by victims of crime who decided to go after the deep pockets instead o
My First 50 dates (Score:4, Funny)
More bizarro-world (Score:3, Funny)
I'm sure they've got some harebrained legal theory, but the MPAA is hurting its member companies just to hold up legal fictions.
Fucking MPAA (Score:4, Insightful)
Bundling is coming soon (Score:3, Interesting)
It will be a Federal crime, to hack either DVD players or TV's to do anything other than what you pay the motion picture companies to permit you to do. On/off switches will be made illegal.
A more accurate headline (Score:5, Funny)
Just like Ye Goode Olde Dayes (Score:5, Funny)
Hunt thou not in the King's Forest, knave! Double not thy clicks, nor singly if for commerce they be. Scribe ye not the holy GIF format, nor the code of Linux employ within thine enterprise, lest ye suffer sorely in combat with the royal tort attorneys!
So, no more TBCs? (Score:5, Informative)
However, if you put a DVD into the line, and run it through a TBC, you ca nthen re-record it onto a digital target, and make as many copies as you want. Sure: there's some loss, and a good TBC costs several hundred bucks, but IT WORKS.
The MPAA is so full of shit. Grrrr.
RS
Maybe it's time (Score:3, Interesting)
Re:Brutal (Score:3, Insightful)
More words... Where there is money to be had there is conflict. The MPAA represents lots of money. Even if the courts come down hard on the MPAA it'll figure something else out.
I didn't get to be head of the department because I'm a moron.
I got to be head of the department because I..I..I.I.I'm not moron.
Re:"appropriate security features" (Score:4, Informative)
1. Home DVD burners (including consumer DVD-R and DVD+R) cannot use CSS encryption. They just physically are not able to do so because the media does not support the burning of the CSS key.
2. Professional burners do exist that can use CSS. These require different media (consumer media won't burn in these) due to the wavelength of the laser being different and a section on the disc to receive the CSS key.
3. The cost of the professional burners and media are considerably more than the consumer units.
The end result is that the studios think their stuff is worth protecting, while the consumer's isn't. It just makes me feel all warm inside.
For the PC, you can decrypt and burn a DVD to a blank disc. This disc will be playable in nearly ANY DVD player Because of the country I live in, I cannot tell you how to do this.
If you hook a PC up to a TV, or vice-versa, some video cards/drivers are now enforcing Macrovision copy protection.