---------- Forwarded message ---------- Date: Tue, 26 Jun 2001 17:04:47 -0400 From: Paul Kierstead <paul.kierstead@alcatel.com> To: cryptography@wasabisystems.com, 'Digital Bearer Settlement List' <dbs@philodox.com> Subject: RE: DMCA / When you decrypt, that's illegal

From the section on satellite transmissions:

Any person who manufactures, assembles, modifies, imports, exports, sells, or distributes any electronic, mechanical, or other device or equipment, knowing or having reason to know that the device or equipment is primarily of assistance in the unauthorized decryption of satellite

An interesting word here is 'unauthorized'. Lets say I am actually paying for my satellite feed. I build (i.e. 'assemble') a box which descrambles those channels I have paid for. Am I not now 'authorized'? By the same analogy to the DCMA: When I buy a DVD, am I not authorized to play it under the conditions set forward in the [rather irritating] standard usage agreement, not for public viewing etc.? For that matter, does not the Home Recording Act give me the right to rip the DVD into another form if it is for my own personal use? I have not violated copyright in either of these cases. Assuming I do not distribute my device/software, I fail to see how I have broken the law, even in the satellite case. I do admit I might not enjoy the legal case, especially proving that I am only watching those channels which I am 'authorized' for. I guess some of the question is: when is a crowbar a burglary tool and when is it just a crowbar. Or does the DCMA make my decrypting a DVD (which I own) using unauthorized software (i.e. not part of the consortium) illegal, period? Paul.Kierstead@alcatel.com --------------------------------------------------------------------- The Cryptography Mailing List Unsubscribe by sending "unsubscribe cryptography" to majordomo@wasabisystems.com