Has nothing to do with copyrights.
Incorrect.
Any manufacturer who makes a DVD player program with legally licensed DVD CSS encryption keys must sign a contract which explicitly states that the manufacturer’s product or software will not allow content decryption, extraction of video or audio, and so on.
From the DVD CCA Web site:
"Under the terms of the CSS licensing agreement, is it legal for a licensed manufacturer to produce and sell a product which allows a user to disable any CSS protections?
No. Such products are not allowed under the terms of the CSS license. They are illegal. In cases where DVD-CCA learns of such products, immediate action is taken through the manufacturer to have the product corrected to conform with the CSS license."
Note that the DVD CSS considers any program which can create an unencrypted image of any portion of a DVD, even a single frame, as being a "disabling of CSS protections."
More information:
http://www.dvdcca.org/ There is a discussion of the legal ramifications of the DMCA as it applies to DeCSS and the licensing controls imposed by the DVD CCA at
http://www.ai.mit.edu/people/rst/dmca/auth/auth.html One interesting point to note is that the language of the DMCA creates a distinction between *authorized* and *unauthorized* use of an encrypted copyrighted work. From the Web site referenced above:
"What makes such a player authorized is, in the plaintiffs’ view, the CSS license. If removal of the CSS obscuration is done by a licensed player, then the player has the authority of the copyright owner, and is therefore authorized. However, if the exact same process is performed by a player which was created by someone without a license, then it is unauthorized, and therefore circumvention, never mind that the two processes have the exact same effect."
Since being able to make screen captures or take clips from a DVD is *explicitly forbidden* by the standard DVD CCA key license, it’s not too tough to see that any program which does so is "unauthorized" in the sense of the word described above.
If you are interested in reading the full terms of the DVD CCA contract for encryption key licensees, the entire document is available on the Web as a 32-page PDF at
http://osiris.978.org/~brianr/crypto-research/css/dvdcca-css /csslicense_10 bc.pdf
The contract makes reference both to "licensing fees" and to conformance with the CSS Specification. The licensing fee (in case you were wondering) varies between $10,000 and $15,500; the CSS specification is where things get interesting. The CSS specification document is considered a "trade secret," and is not made available to anyone who has not paid the licensing fees and signed the contract.
However, the view of the MPAA and DVD CCA with regards to making even portions of a DVD available without encryption are quite well-known, and even appear on the DVD CCA Web site. "BUT "fair use" is not an open-ended concept. It does not justify any action an individual may take with a copyrighted work, whether they have purchased the copy or not. It is a right to use what is available, not a right of access to works for fair use purposes."
The DVD CCA is quite public in its opposition to allowing its licensees to make screen captures or clips from DVDs, even if they would ordinarily be considered "fair use."
Apple’s interpretation of the requirements of the CSS Specification document is that allowing video capture is not permitted; this is also Microsoft’s interpretation. The CCA Procedural Specifications, which are incorporated in the document that licensees must agree to, allows only certain forms of output of decrypted DVD information, and screen captures are *not* included.
It is up to the licensees of the CSS keys to make "reasonable efforts" to ensure that users do not gain access to protected CSS trade secrets (including CSS keys) and to ensure that their products are not used in any way which can violate the CCA Procedural Specifications. This does not mean that they must do everything humanly possible to prevent it; the fact that a circumvention or workaround is possible does not mean that the making of screen captures is permitted by the DVD CCA. In the case of Microsoft’s player, they clearly believe that sending the decrypted video to a DirectX video layer discharges their obligations.
Yes, it is a copyright matter. The fact that there’s a way around it does not demonstrate otherwise.
Of course, I don’t expect you to take my word for it; I highly recommend you do the research for yourself.
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