Film theft in the UK - Future of Copyright

Appendix ii: Technical solutions to the problem of piracy
The use of technology to protect film content is
a critical part of security measures designed to
combat piracy. Different technologies are
appropriate to the protection of films during
distinct parts of its exploitation life cycle and to
deal with specific threats. However, the use of
technological solutions must be coupled with
the complementary adoption of all the other
types of measure outlined in this chapter (ie
more secure industry practices, legal
instruments, enforcement actions, and
educational/awareness initiatives).
For instance, a number of different solutions
have been proposed to counter the
unauthorised use of camcorders in cinemas.
However, none of these has yet won the
confidence of the whole industry, with a view
to mainstream deployment.
Extensive use is already made of ‘watermarking’
techniques to trace copies of films used
internally and within the post-production
process. 76 For example, in October 2003,
Universal Pictures entered a multi-year
agreement with technology firm Verance to use
the latter’s audio watermark on film and video
entertainment. The Verance watermark contains
inaudible information designed to be read and
understood by consumer and computer devices.
The mark will impart usage information about
the content, including content identification,
forensic tracking and copy control information.
There are also similar moves underway for
watermarking files used for the play-out of films
in digital cinema screens.
In terms of specifically protecting content on
DVD and videocassettes, there are several
solutions currently in use:
• CSS (Content Scrambling System): an
algorithm-based method used primarily to
scramble pre-recorded content on DVD to
prevent unauthorised duplication. A part of the
DVD specification, CSS can be used by any DVD
licensee without further charge.
• Macrovision: a copy-protection system built
into VHS and DVD releases (and into hardware,
which protects the analogue output signal.
This is a proprietary technology that incurs a
royalty charge for its use.
• CGMS (Copy Generation Management
System): analogue copy-protection system built
into the DVD specification, designed to stop
consumer DVD recorders copying from a DVD
player via an analogue output. A part of the
DVD specification, CGMS-A can be used by any
DVD licensee without further charge.
However, the use of these technical solutions in
the home video sector has been far from
smooth.
First, hackers broke the CSS digital copy
protection system soon after it was first
implemented. ‘DeCSS’ is a small piece of
software that breaks the CSS encryption and
allows the reading of encrypted DVDs by
personal computers and home DVD players. A
simple Internet search returned over 50 sites
offering DeCSS software, including a DeCSS
solution that consisted of only seven simple lines
of code, and 42 ways to distribute the software.
The film industry has tried to prosecute the
hackers, with mixed results.
In 2000, the MPAA won a landmark court case
when a US federal judge ruled that DeCSS
violated the US Digital Millennium Copyright
Act. However, in December 2002, the California
Supreme Court held that out-of-state Internet
users who post DVD copying software on the
Internet cannot be sued in California courts
unless they have business interests in that state.
The decision means that the studios will have
to sue individuals separately in their own
jurisdictions, rather than en masse in California.
In January 2003, a court in Oslo, Norway,
cleared teenager Jon Johansen of DVD piracy
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