[wellylug] MPEG/DVD encoding/decoding.
jharker at massey.ac.nz
Wed May 5 12:51:47 NZST 2004
Tim Nicholas wrote:
>> DVDs are encrypted using CSS. Playing them involves decrypting the CSS
>> first, and this is illegal unless you have a licence, which costs money.
> I don't think you're right. What's illegal about it?
Because you are circumventing a copy prevention scheme covered under the New
Zealand Copyright Act 1994. NZCA recognises as a separate category digital
works like film, sound and multimedia recordings and software, and explicitly
makes copying them illegal, but it allows criticism, review, news reporting
and educational study or research, and home recording of television and radio
broadcasts for personal use.
It also makes it illegal to produce or supply a means for making copies. While
the law does not currently allow for the PURPOSES you use your copy prevention
circumvention for (ie. using DeCSS for playback or making copies), the courts
will consider your intent if you are prosecuted.
So although using DeCSS is illegal, it is probably not going to land you with
a criminal record unless you are selling pirate DVDs on the internet. A bit
like the police won't bother you if you're smoking pot on your back porch, but
if you sell it to school kids they'll try and put you away forever.
IANAL, but I remember having this discussion with a friend of mine who is a
music copyright lawyer.
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