DeCSS is software that allows you to play DVDs. Some Linux geeks coded it because nobody had made DVD players for Linux yet. The MPAA didn't like this because the movie industry had hoped to make mad cash licensing the DVD decryption code to companies that make DVD players. If they don't have power over who gets to decrypt DVDs, the MPAA argues, what's to stop someone from making a player that allows you to copy DVDs, much like a VCR allows you to copy video cassettes. (And they might allow you to skip those unskippable previews Hollywood's been adding.) For more info, visit OpenDVD.org. One of our users has a mirror of the DeCSS code on his web site, and it wasn't long for the MPAA to come calling.
Date: Wed, 9 Feb 2000 17:14:06 -0800 From: mpaa.23 <mpaa.23@gateway.net> To: Ben@inwa.net Subject: oblivion.net/-amar/css
This email contained a Microsoft Word document attachment, which we won't open because they can contain virii.
Date: Wed, 9 Feb 2000 21:41:44 -0800 (PST) From: Ben <ben@inwa.net> To: mpaa.23 <mpaa.23@gateway.net> Subject: Re: oblivion.net/-amar/css Please don't send me email with Microsoft Word attachments. It's a bitch for me to download this format and they can carry virii. Please send text, it's universal, takes less space and I can actually view it in Pine.
A few weeks later, they resent it in text format.
Date: Tue, 29 Feb 2000 18:36:39 -0800
From: mpaa.23 <mpaa.23@gateway.net>
To: Ben@inwa.net
Subject: oblivion.net/~amar/css
MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436
UNITED STATES
PHONE: (818) 728-8127
Email: MPAA.23@Gateway.net
Anti-Piracy Operations
Ben Livingston
Oblivion
PO Box 95227
Seattle, WA 98145-2227
Ben@inwa.net
Date: February 29, 2000
RE: Illegal Provision of DeCSS/Circumvention Device
Site/URL: oblivion.net/~amar/css
MPAA File#: 5-671-587
Dear Ben Livingston:
The Motion Picture Association of America is authorized to act on behalf of the
following copyright owners:
Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
Paramount Pictures Corporation
TriStar Pictures, Inc.
Twentieth Century Fox Film Corporation
United Artists Pictures, Inc.
United Artists Corporation
Universal City Studios, Inc.
Warner Bros., a Division of
Time Warner Entertainment Company, L.P.
We have knowledge that the above-referenced Internet site is providing a
circumvention device commonly known as DeCSS. DeCSS is a software utility that
decrypts or unscrambles the contents of DVDs (consisting of copyrighted motion
pictures) or otherwise circumvents the protection afforded by the Contents
Scramble System (CSS) and permits the copying of the DVD contents and/or any
portion thereof. As such, DeCSS is an unlawful circumvention device within the
meaning of 17 U.S.C. §1201(a)(2),(3). Providing or offering DeCSS to the
public on your system or network violates the provisions of §1201(a)(2) which
prohibits the "manufacturing, importing or offering to the public, providing,
or otherwise trafficking" in an unlawful circumvention device.
On January 20, 2000, the United States District Court for the Southern District
of New York granted a Preliminary Injunction prohibiting the Internet posting
or other provision of DeCSS, having found that DeCSS was a prohibited
circumvention device within the meaning of §1201(a)(2) and that the offering,
providing or trafficking of DeCSS on the Internet violated §1201(a)(2). That
court thus enjoined:
Posting on any Internet web site, or in any other way manufacturing, importing
or offering to the public, providing, or otherwise trafficking in DeCSS, and
(b) posting on any Internet web site, or in any other way manufacturing,
importing or offering to the public, providing, or otherwise trafficking in any
technology, product, service, device, component, or part thereof, that: (i) is
primarily designed or produced for the purpose of circumventing, or
circumvention the protection afforded by, CSS, or any other technological
measure that effectively controls access to plaintiffs' copyrighted works or
effectively protects the plaintiffs' rights to control whether an end user can
reproduce, manufacture, adapt, publicly perform and/or distribute unauthorized
copies of their copyrighted works or portions thereof. . .
The Superior Court of Santa Clara County, California also recently granted a
Preliminary Injunction against the Internet posting of DeCSS.
If you are bound by an injunction, maintaining the DeCSS utility on your system
or network violates the above injunction[s] and risks court sanctions for
contempt.
We hereby demand that you:
1) take appropriate steps to cause immediate removal of DeCSS from the above
identified URL, along with such other actions as may be necessary or
appropriate to suspend this illegal activity;
2) provide appropriate notice to the subscriber or account holder responsible
for the presence of DeCSS on your system or network, advising him/her of the
contents of this notice and directing that person to contact the undersigned
immediately at the e-mail address provided above;
3) advise us of the name and physical address of the person operating this
site; and
4) maintain, and take whatever steps are necessary to prevent the destruction
of, all records, including electronic records, in your possession or control
respecting this URL, account holder or subscriber.
Thank you for your cooperation in this matter. Your immediate response is
requested.
The information in this notification is accurate, and we declare, under penalty
of perjury, that the Motion Picture Association of America is authorized to act
on behalf of the owner[s] of exclusive rights described above.
Should you have any questions, please contact us at the above listed address.
Respectfully,
The Motion Picture Association of America
I didn't believe we were under the jurisdiction of either court that issuesd the injunctions they mentioned.
Date: Tue, 29 Feb 2000 22:27:51 -0800 (PST) From: Ben <ben@inwa.net> To: mpaa.23@gateway.net Subject: Re: oblivion.net/~amar/css This server is located in Puyallup, Washington. I'm assuming that means we're not bound by either of the injunctions you mention? Ben Livingston
Their response:
Date: Fri, 3 Mar 2000 09:08:55 -0800 From: mpaa.23 <mpaa.23@gateway.net> To: Ben <ben@inwa.net> Subject: Re: oblivion.net/~amar/css We cannot opine on whether you are bound by either injunction. Nevertheless, the rationale of these decisions would apply to your actions, and we request you take the offending site down.
My response:
Date: Fri, 3 Mar 2000 09:36:37 -0800 (PST) From: Ben Livingston <ben@inwa.net> To: mpaa.23 <mpaa.23@gateway.net> Subject: Re: oblivion.net/~amar/css So you can opine on whether "the rational of these decisions would apply to your actions" but not on whether we're bound by either injunction? I'm no fancy-pants corporate lawyer, but that sounds like a load of shit.
They didn't respond. Many months passed. On December 4, 2000, I get the following email from our upstream provider.
Date: Mon, 4 Dec 2000 13:09:13 -0800 From: Jay Stewart <cosmo@olywa.net> To: ben@inwa.net Cc: amar@oblivion.net, robert@inwa.net Subject: Fw: oblivion.net/~amar/css Did you get your own copy of this? Or was I the only one priviledged enough to get a personal letter from the MPAA? Jay Stewart Internet Network Engineer Olympia Networking Services - "The Northwest's Premier ISP" A wholly owned subsidiary of Advanced TelCom Group, Inc.
Attached was the following:
MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 VENTURA BOULEVARD
ENCINO, CALIFORNIA 91436
UNITED STATES
PHONE: (818) 728-8127
Email: MPAA23@pacbell.net
Anti-Piracy Operations
November 29, 2000
Jay Stewart
Olympia Networking Services
204 Quince St NE, Suite 201
Olympia, WA 98501
Cosmo@OLYWA.NET
RE: Illegal Provision of DeCSS/Circumvention Device
Site/URL: oblivion.net/~amar/css
MPAA File#: 5-671-414
Dear Jay Stewart:
The Motion Picture Association of America is authorized to act on behalf of the
following copyright owners:
Columbia Pictures Industries, Inc.
Disney Enterprises, Inc.
Metro-Goldwyn-Mayer Studios Inc.
Paramount Pictures Corporation
TriStar Pictures, Inc.
Twentieth Century Fox Film Corporation
United Artists Pictures, Inc.
United Artists Corporation
Universal City Studios, Inc.
Warner Bros., a Division of
Time Warner Entertainment Company, L.P.
We have knowledge that the above-referenced Internet site is providing a
circumvention device commonly known as DeCSS. DeCSS is a software utility that
decrypts or unscrambles the contents of DVDs (consisting of copyrighted motion
pictures) or otherwise circumvents the protection afforded by the Contents
Scramble System (CSS) and permits the copying of the DVD contents and/or any
portion thereof. As such, DeCSS is an unlawful circumvention device within the
meaning of the Digital Millennium Copyright Act, 17 U.S.C. Section
1201(a)(2),(3). Providing or offering DeCSS to the public on your system or
network violates the provisions of Section 1201(a)(2) which prohibits the
"manufacturing, importing or offering to the public, providing, or otherwise
trafficking" in an unlawful circumvention device. (17 U.S.C. Section 1201 et
seq. hereafter is referred to as the "DMCA").
On August 17, 2000, a federal district court in the Southern District of New
York confirmed that offering, providing, or trafficking in DeCSS, or any other
device designed to circumvent CSS, violates the DMCA. The district court
granted a permanent injunction against (1) posting on any Internet site, or in
any other way manufacturing, importing or offering to the public, providing, or
otherwise trafficking in DeCSS or any other technology primarily designed to
circumvent CSS, and (2) linking any Internet web site, either directly or
through a series of links, to any other Internet web site containing DeCSS.
The district court's ruling makes clear that by providing DeCSS, the above-
referenced Internet site violates the DMCA. We therefore demand that you:
1) take appropriate steps to cause immediate removal of DeCSS from the above
identified URL, along with such other actions as may be necessary or
appropriate to suspend this illegal activity;
2) provide appropriate notice to the subscriber or account holder responsible
for the presence of DeCSS on your system or network, advising him/her of the
contents of this notice and directing that person to contact the undersigned
immediately at the e-mail address provided above;
Failure to comply with these measures will subject you to liability as
described above.
We also request that you maintain, and take whatever steps are necessary to
prevent the destruction of, all records, including electronic records, in your
possession or control respecting this URL, account holder or subscriber.
By copy of this letter, the owner of the above-referenced URL and/or email
account is hereby directed to cease and desist from the conduct complained of
herein.
On behalf of the respective owners of the exclusive rights to the copyrighted
material at issue in this notice, we hereby state, pursuant to the DMCA that we
have a good faith belief that the acts complained of are not authorized by the
copyright owners, their respective agents, or the law.
Also pursuant to DMCA, we hereby state, under penalty of perjury under the law
of California and under the laws of the United States, that the information in
this notification is accurate and that we are authorized to act on behalf of
the owners of the exclusive rights being infringed as set forth in this
notification.
Should you have any questions, please contact us at the above listed address.
Thank you for your cooperation in this matter. Your immediate response is
requested.
Respectfully,
The Motion Picture Association of America
Moments later, I get the same email from the MPAA. Again, I don't feel we are legally obligated to comply with their demands.
Date: Mon, 4 Dec 2000 14:25:11 -0800 (PST) From: Ben Livingston <ben@inwa.net> To: mpaa23 <mpaa23@pacbell.net> Subject: Re: oblivion.net/~amar/css Hey MPAA! This server is located in Seattle, Washington, which is under the jurisdiction of the Ninth Circuit Court. We therefore feel the district court ruling in the Second Circuit does not apply to us. I must admit, however, that we're just a bunch of self-righteous snot-nosed punks and not lawyers, so keep sending those threatening letters and we might reconsider! Thanks for your concern. Happy holidays and may God be with you. -- Ben Livingston
No word came from the MPAA for nearly a year. On November 25, 2001, they sent a legal threat demanding we remove "copyrighted motion pictures."
Date: Sun, 25 Nov 2001 06:35:00 (GMT+00:00) From: MPAA@copyright.org To: ben@INWA.NET Subject: Unauthorized Distribution of Copyrighted Motion Pictures (Reference#: 291179) MOTION PICTURE ASSOCIATION OF AMERICA, INC. 15503 VENTURA BOULEVARD ENCINO, CALIFORNIA 91436 UNITED STATES Anti-Piracy Operations PHONE: (818) 728 - 8127 Email: MPAA@copyright.org <mailto:MPAA@copyright.org> Sunday, November 25, 2001 Name: ben@INWA.NET E-mail: ben@INWA.NET ISP: Unknown Via Fax/Email RE: Unauthorized Distribution of Copyrighted Motion Pictures Site/URL: http://void.oblivion.net/~amar/ [with unknown IP address] Reference#: 291179 Date of Infringement: 11/22/2001 4:11:51 PM GMT Dear ben@INWA.NET: The Motion Picture Association of America (MPAA) represents the following motion picture production and distribution companies: Columbia Pictures Industries, Inc. Disney Enterprises, Inc. Metro-Goldwyn-Mayer Studios Inc. Paramount Pictures Corporation TriStar Pictures, Inc. Twentieth Century Fox Film Corporation United Artists Pictures, Inc. United Artists Corporation Universal City Studios, Inc. Warner Bros., a Division of Time Warner Entertainment Company, L.P. We have received information that you are providing Internet access to and possibly hosting the above referenced internet site, which is offering downloads of copyrighted motion picture(s) including such title(s) as: DeCSS (DCD) The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations. We request that you immediately do the following: 1) Disable access to this site; 2) Remove this site from your server; and 3) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement. By copy of this letter, the owner of the above referenced Internet site and/or email account is hereby directed to cease and desist from the conduct complained of herein. On behalf of the respective owners of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, pursuant to the Digital Millennium Copyright Act, Title 17 United States Code Section 512, that we have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, their respective agents, or the law. Also pursuant to the Digital Millennium Copyright Act, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owners of the exclusive rights being infringed as set forth in this notification. Please contact us at the above listed address or by replying to this email should you have any questions. Kindly include the above noted Reference # in the subject line of all email correspondence. We thank you for your cooperation in this matter. Your prompt response is requested. Respectfully, Hemanshu Nigam Vice President and Director Worldwide Internet Enforcement
I was a little perturbed about this email, as they didn't even bother to use the correct legal threat template. DeCSS is not a copyrighted motion picture.
Date: Sun, 25 Nov 2001 11:08:18 -0800 (PST) From: Ben Livingston <ben@inwa.net> To: MPAA@copyright.org Subject: Re: Unauthorized Distribution of Copyrighted Motion Pictures (Reference#: 291179) Hemanshu, The site you reference is not offering copyrighted motion pictures. As your email states, this site is providing DeCSS, which is not a motion picture nor does the MPAA or any of its member corporations own the copyright to these lines of programming code. In the future, do not send me vague and misleading legal threats. The MPAA has contacted me twice about this before; you would do well to research your predecessor's actions and my responses before taking action yourself. I am severely disappointed and offended by your lack of professionalism. Because of this, I am demanding that the Motion Picture Association of America apologize for not fully researching this case before sending me an intimidating and factually incorrect legal threat. Unlike you folks, I won't threaten legal action if you do no comply with my demand. However, if you do apologize, factually correct legal threats the MPAA sends in the future will be taken much more seriously. Sincerely, Ben Livingston Seattle, Washington
And that's the story so far.