When video tapes, and then DVDs, were invented, the film studios knew
they could make a lot of money letting people see movies at home. But
they wanted to be careful about giving movies to people. They built
some really powerful controls right into the technology.
For instance, the studios knew some people would make unauthorized
copies and give them to friends or even post them on the Internet for
anyone who wants them (this happens all the time). There are laws
against this copying — it's called copyright infringement — but the laws are hard to enforce, particularly in far-away countries.
Besides trying to maintain their rights under copyright law, film
studios had other goals that are less respectable. For instance, they
wanted to keep you from watching a video you purchased in Europe on a
DVD player purchased in South America. It seems strange, but they felt
they needed this restriction so they could release a movie at different
times in different places.
What technology allows such rigid restrictions? Encryption plus digital signatures (see
Digital Certification).
Together, they give a DVD manufacturer complete control over how you
watch the DVD, including which players you can watch it on. It's like
buying a book that you can't open except in England, and only between
1:00 and 5:00 in the afternoon.
The encryption and digital signature system for DVDs is called the Content Scrambling System (CSS).
But a group of hackers wanted to watch videos on their computers.
After all, what would be the harm in watching videos purchased legally
on the device of their choice? They analyzed the cryptographic code and
created DeCSS, a program that can correctly decipher videos coded with
CSS.
The increasingly popular Linux operating system provided a
particularly strong reason to developed DeCSS. Microsoft and Apple paid
licensing fees to DVD companies so they could get the encryption keys
that unlock DVDs, but Linux computers didn't have these keys because
Linux is a free operating system distributed openly on the Internet.
Companies can bundle Linux with other software (for a price or at no
cost), so these companies sometimes pay the licensing fees and include
keys. But few Linux users get their systems that way.
CSS happened to be poorly designed, making it easier to break (one
film studio even included their key openly on their DVDs. They were
supposed to encrypt the key, but forgot). Nevertheless, every similar
copy-protection scheme has been broken by hackers. The idea behind
content protection is fundamentally unviable.
One young Norwegian called Jon Lech Johansen shared DeCSS with other
Internet users. The film industry and its associates, especially the
MPAA
(Motion Picture Association of America), sued Johansen and had his home
searched by police in 1999. Jon was being sued for “piracy.”
Despite pressure from powerful interests in Hollywood, Jon was
acquitted of the charge in January 2003. By this time, he was already
known worldwide as Jon DVD. In her ruling, Judge Wenche Skjeggestad
said that no one, much less the young Jon, could be sentenced for
copying or watching films purchased legally on any device of his
choosing.
Instead Jon should be awarded a medal for breaking a “linked
purchase” or “linked products” scheme, which is illegal in most
countries. The principle Jon upheld was the right to buy one item
without having to buy something else—that is, to buy a film without
buying one of a small set of expensive DVD players.
In many countries, these linked product schemes are common. For
example in São Paulo, Brazil, if you want a broadband connection
through the telephone company, they require that you also use Windows
software in your computer. The company's customer service used to tell
customers that the connection wouldn't work with Linux, which is
actually untrue (the same attempt at limiting service is common in the
United States too).
The Windows requirement is an outrageous linked product scheme,
conducted between the telephone operator and the (former) monopoly
software manufacturer. After receiving many complaints, customer
service now says that the connection will work with Linux, but they
won't provide technical support if you don't use Windows. This is an
illegal operation that strengthens monopolization, not competition.
DVDs are still not totally free. In the United States, a law makes
this software illegal. This is another terrible result—perhaps the
worst result—of the film companies' attempt to control the watching of
their movies. Now the government has the right to step and outlaw the
creation of certain types of software. If a company can persuade a
court that some software breaks an encryption program that they put on
their product, the court can jail the people who created the software.
They can even jail you for distributing software created by someone
else! (this law is a large collection of provisions called the Digital
Millennium Copyright Act or DMCA, and the part discussed here is called
the “anti-circumvention provisions,” because using DeCSS circumvents
the software installed by the DVD manufacturer).
Many other countries have passed similar anti-circumvention laws,
under pressure from the United States government and various firms in
industries like film and music.
The DMCA is not the first instance of outlawing software. Similar
restrictions were passed many decades ago, the focus also being
encryption. The US wanted to keep people from sending encryption
software outside the country, hoping to keep enemies of the US from
using it.
This attempt was ridiculous, because the US couldn't monitor every
electronic transmission to see whether it contained particular
software. In addition, the knowledge about how to write encryption
software was openly published in many books and journals, so any
programmer in the world could write his own program. The regulations
simply held back commerce, left ordinary users open to malicious
attacks on data, and made it difficult to exchange software because
many packages needed to be divided into two parts (one of which could
be distributed internationally and one that could not).
The restrictions were overturned by a series of court cases by
privacy advocates during the 1990s. But new restrictions are now in
place thanks to the DMCA.
Still, DeCSS and other programs are widely available. Thanks to Jon
DVD we can now watch a video on any computer in any part of the world.
This is how Jon DVD freed videos from the prison in which they were
cast. And DeCSS hasn't hurt the profits of the film studios in any
noticeable way.