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DVD Demystified

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80<br />

be considered illegal circumvention under the DMCA and the WIPO<br />

treaties.<br />

There were rumors that the key used by the Xing player had been<br />

revoked by removing it from the set of keys hidden on new discs, but the<br />

rumors turned out to be false. Causing a legal player to stop working, even<br />

though it had not properly protected the CSS secrets, would not have been<br />

a good move, and by this time the entire set of 400 player keys had been<br />

guessed at, so revoking one key would have done little good.<br />

On December 27, the <strong>DVD</strong> Copy Control Association (<strong>DVD</strong> CCA), the corporate<br />

entity responsible for licensing CSS, sued 21 individuals and 72 Web<br />

sites, along with hundreds of “Does”—as in John Doe—to be filled in later.<br />

They were accused of posting or linking to DeCSS software as a misappropriated<br />

trade secret—a rather shaky argument. The Electronic Frontier<br />

Foundation (EFF) responded on behalf of the defendants with a shaky<br />

argument of their own, tied to free speech. “It is EFF’s opinion that this lawsuit<br />

is an attempt to architect law to favor a particular business model at<br />

the expense of free expression. It is an affront to the First Amendment (and<br />

UN human rights accords) because the information the programmers<br />

posted is legal. EFF also objects to the <strong>DVD</strong> CCA’s attempt to blur the distinction<br />

between posting material on one’s own Web site and merely linking<br />

to it (i.e., providing directions to it) elsewhere.” On December 29, the California<br />

court enjoined the posting of DeCSS, but denied the injunction<br />

request against linking to DeCSS, as the court rightly feared the side effects<br />

of banning the mere act of linking to information on the Internet, citing<br />

such an order as “overbroad and extremely burdensome.”<br />

Thus ended the year of <strong>DVD</strong>. Over 4 million new players had been sold<br />

in the U.S., bringing the installed base to around 5.5 million. Player sales<br />

had generated over $300 million. About 2.5 million players existed in European<br />

homes, and the worldwide base of <strong>DVD</strong> PCs was estimated at somewhere<br />

around 40 million. Fifty million discs shipped in the U.S. during the<br />

Christmas season alone. Total U.S. interactive entertainment sales for the<br />

year topped $7 billion.<br />

The Medium of the New<br />

Millennium<br />

Chapter 2<br />

The DeCSS saga continued. On January 14, 2000, the seven top U.S. movie<br />

studios—Disney, MGM, Paramount, Sony (Columbia/TriStar), Time<br />

Warner, Twentieth Century Fox, and Universal—backed by the MPAA, filed

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