This is why no one in the US has gone after anyone posting DeCSS code in this instance libdvdcss.
FYI: http://cyber.law.harvard.edu/openlaw/DVD/NY/appeals/opinion.html
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
August Term 2000
Argued: May 1, 2001 Decided: November 28, 2001
Finally Submitted: May 30, 2001
Docket No. 00-9185
- - - - - - - - - - - - - - - - - - - - - - - - - -
UNIVERSAL CITY STUDIOS, INC., PARAMOUNT PICTURES CORPORATION, METRO-GOLDWYN-MAYER STUDIOS INC., TRISTAR PICTURES, INC., COLUMBIA PICTURES INDUSTRIES, INC., TIME WARNER ENTERTAINMENT COMPANY, L.P., DISNEY ENTERPRISES INC., TWENTIETH CENTURY FOX FILM CORPORATION, Plaintiffs-Appellees,
v.
ERIC CORLEY, also known as Emmanuel Goldstein, and 2600 ENTERPRISES INC., Defendants-Appellants,
UNITED STATES OF AMERICA, Intervenor.
. . . . . (way down at the end) . . .
Posting DeCSS on the Appellants' web site makes it instantly available at the click of a mouse to any person in the world with access to the Internet, and such person can then instantly transmit DeCSS to anyone else with Internet access. Although the prohibition on posting prevents the Appellants from conveying to others the speech component of DeCSS, the Appellants have not suggested, much less shown, any technique for barring them from making this instantaneous worldwide distribution of a decryp tion code that makes a lesser restriction on the code's speech component.29 It is true that the Government has alternative means of prohibiting unauthorized access to copyrighted materials. For example, it can create criminal and civil liability for those who gain unauthorized access, and thus it can be argued that the restriction on posting DeCSS is not absolutely necessary to preventing unauthorized access to copyrighted materials. But a content-neutral regulation need not employ the least restrictive means of accomplishing the governmental objective. Id. It need only avoid burdening "substantially more speech than is necessary to further the government's legitimate interests." Id. (internal quotation marks and citation omitted). The prohibition on the Defendants' posting of DeCSS satisfies that standard.30
On 11/28/05 2:08 AM, "ryan" ryanag@zoominternet.net wrote:
On Sunday 27 November 2005 19:49, Tim Edwards wrote:
Bryan J. Smith wrote:
- Repository hell affects _most_ other package distros, including
Debian. Ubuntu and other Debian-based distros get around them by including software that may not be legally redistributed.
Just out of interest what do Debian, Ubuntu and others distribute that is illegal? And even if they do how does having illegal software help get around repository problems?
Illegal probably isn't the correct word in all cases.
A great example is the RPM libdvdcss - it allows de-encryption of commercial DVDs so that they can played (or illegally copied) under Linux.
It may be a DMCA violation to use libdvdcss since it provides features (like DVD ripping, ignoring of country codes, and screen capture) that can be used to get around DVD-protection schemes.
Interestingly, no one has ever challenged the use of libdvdcss and it probably *isn't* illegal. If it was challenged in court, it would *probably* be ok to use since no one has produced a way to play DVDs under Linux with commercial software....although courts may order some of its features removed (like ignoring country codes).
As if this wasn't a grey enough area already, the DMCA has no authority outside the USA.
In some countries, personal use of strong encryption software is banned. In those countries I assume CentOS is totally illegal out of the box since it ships with OpenSSH, and can not be removed during installation.
Generally, distros like CentOS/Fedora/OpenSUSE/Debian try to stick to all GPL licensed packages in their repos (which is no guarantee that they will be legal everywhere). For a list of RPMs that are fully supported, but kept out of OpenSUSE (SUSE includes them in the boxed version) since they aren't licensed via the GPL see here: http://rpmfind.net/linux/RPM/SUSE_LINUX_10.0.42_(i586).html
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