Q: Doesn’t the DMCA allow reverse engineering for compatibility, for example to allow playing of a DVD on a Linux operating system-driven personal computer?
A: The DMCA does allow reverse engineering. However, the reverse engineering provisions in the DMCA were never intended to enable anyone to circumvent technical protection measures (TPMs) for the purpose of gaining unauthorized access to or making unauthorized copies of copyrighted works.
The DMCA does allow a lawful user of a computer program to circumvent TPMs to ensure that the program can work with other programs (interoperability); and, with strict limitations, the research may be shared with others, as long as it does not infringe the copyright in the original or a related work. However, reverse engineering is not permissible if there is a readily available commercial alternative for that purpose. In this case, there exist MANY commercially available DVD players.
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Q: Some computer users say they only want to use DeCSS to view their DVDs on computers that use the Linux operating system. Windows- and Macintosh-based computers can play DVDs, so is it fair to deprive the Linux community?
A: The Linux argument is a false issue. It has always been in the interest of the Motion Picture industry that there be as many legitimately licensed DVD players as possible, including those using non-Windows operating systems. However the argument that DeCSS was written for Linux players is simply false. The De-CSS utility was written for Windows-based software, not Linux.
Also, the development of two, separate, licensed DVD players for Linux systems - which use the CSS system - were recently announced. Sigma Designs (
www.sigmadesigns.com) and InterVideo Inc. (
www.intervideo.com) both announced the roll-out of LICENSED, LEGAL Linux-based DVD players.
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