© December 16, 2000
r. chou
 

DeCSS is a computer utility that can subvert the encryption found on DVDs. What it does is it copies a DVD movie disc and removes the Content Scrambling System (CSS) encryption system before saving it to a computer hard disk for viewing.

The California Supreme Courts ruling which ordered a lower court to show why non-Californian residents should remain in the case could set in motion a series of orders which would drop the defendants from the case.

Of the 21 defendants in the case, 18 do not live in California.

The case is seen as an important one for free speech on the Internet, one which could set a very important precedent for similar cases in the future. It is blatantly obvious that if a court were to rule in favor of the motion picture industry, thus blocking web sites from posting or even linking to the DeCSS code, our 1st Amendment rights would be severely curtailed.

The source code is essentially a form of speech. It instructs the owner of a DVD movie on how to view it on his Linux computer since there is no feasible means to accomplish this. Although the MPAA and the DVD CCA have labeled the defendants as "hackers" and "pirates", these are unfair claims. The involved individuals are merely protecting their right to reverse engineer technology for the purposes of interoperability and the right to fair use of materials which they own.

In addition to free speech, the case also holds significant implication for reverse engineering, a technique used by software developers to recreate patented products without running afoul of intellectual propery laws.

If the MPAA get their way, the Internet will cease to be a clearinghouse of information and liability will become everyone's primary concern. Anyone should be able to freely express themselves and their ideas via the Internet. This was the whole idea behind the Internet in the very beginning. We all need to protect our free speech rights. This is a battle none of us can afford to lose.