Is DeCSS Legal In UK?

[Julian T J Midgley]

On Fri, 19 Jul 2002, Graham wrote:


> In the US, the Digital Millenium Copyright Act (DMCA) was used to stop
> publication of the software, which effectively allows DVDs from any region to
> be played on a Linux software DVD player, thus breaking the encryption which
> DVD manufacturers place on their products to prevent a DVD from a different
> region being played on a DVD player.
>
> Could anybody venture an opinion on whether this would be lawful here?

DeCSS is an mechanism for defeating a copy-protection mechanism (CSS).  As
such, it is covered by section 296 of the Copyright, Design and Patents
Act (1988).  There is some recent case law (previously discussed on this
list) in which section 296 was employed, in the Sony versus Channel
Technology case; in the latter case it was found that a company
distributing mod chips which disabled copy-protection (and region control)
technology in the Playstation 2 was in contravention of section 296.  The
company was fined accordingly.

There is no doubt that CSS is designed to circumvent a copy-protection
mechanism, and unfortunately section 296 provides no defences for those
whose circumvention devices have significant legal uses, or where the
circumvention does not result in copyright infringement.

Although (to the best of my knowledge) no one has yet attempted to
prosecute anyone distributing DeCSS from the UK, I have received a letter
threatening legal action (although I have since removed DeCSS from my
website, after witnessing the Channel Technology case), and it seems that
a prosecution, if brought, would likely succeed.

All the best,

Julian

Section 296 reproduced below for information:


   296.(1) This section applies where copies of a copyright work are
issued to the public, by or with the licence of the copyright owner, in an
electronic form which is copy-protected.

    (2) The person issuing the copies to the public has the same rights
against a person who, knowing or having reason to believe that it will be
used to make infringing copies

 (a) makes, imports, sells or lets for hire, offers or exposes for sale or
hire, or advertises for sale or hire, any device or means specifically
designed or adapted to circumvent the form of copy-protection employed, or

 (b) publishes information intended to enable or assist persons to
circumvent that form of copy-protection,

as a copyright owner has in respect of an infringement of copyright.

    (3) Further, he has the same rights under section 99 or 100 (delivery
up or seizure of certain articles) in relation to any such device or means
which a person has in his possession, custody or control with the
intention that it should be used to make infringing copies of copyright
works, as a copyright owner has in relation to an infringing copy.

    (4) References in this section to copy-protection include any device
or means intended to prevent or restrict copying of a work or to impair
the quality of copies made.

    (5) Expressions used in this section which are defined for the
purposes of Part I of this Act (copyright) have the same meaning as in
that Part.

    (6) The following provisions apply in relation to proceedings under
this section as in relation to proceedings under Part I (copyright)

 (a) sections 104 to 106 of this Act (presumptions as to certain matters
relating to copyright), and

 (b) section 72 of the [1981 c. 54.] Supreme Court Act 1981, section 15 of
the [1985 c. 37.] Law Reform (Miscellaneous Provisions) (Scotland) Act
1985 and section 94A of the [1978 c. 23.] Judicature (Northern Ireland)
Act 1978 (withdrawal of privilege against self-incrimination in certain
proceedings relating to intellectual property);

and section 114 of this Act applies, with the necessary modifications, in
relation to the disposal of anything delivered up or seized by virtue of
subsection (3) above.

-- 
Julian T. J. Midgley                      http://www.xenoclast.org/
Cambridge, England.                          PGP Key ID: 0xBCC7863F