DVD Watching on Linux: Legality in the USA
The DMCA and Unexpected Legal Restrictions
The Digital Millennium Copyright Act (DMCA) in the USA establishes legal prohibitions against activities like unlocking cellular phones, circumventing DVD protections, eliminating Digital Rights Management (DRM) from eBooks, and jailbreaking tablet devices.
A less well-known consequence of the DMCA is that even the act of playing a DVD on a Linux operating system can be considered unlawful.
Why Linux Distributions Lack Native DVD Support
Due to these legal constraints, popular Linux distributions such as Ubuntu do not include built-in DVD playback functionality.
Users are required to manually download and install the libdvdcss library from sources outside of the distribution’s official software repositories.
This deliberate omission is to avoid potential legal repercussions for the distribution maintainers.
Potential Criminal Liability for DVD Viewers
Consequently, individuals residing in the United States who have viewed DVDs using a Linux system may unknowingly be in violation of the DMCA.
The law's broad scope raises concerns about the potential for criminal charges related to a common media consumption activity.
It's a surprising implication of the legislation that extends beyond the commonly discussed restrictions on modification and circumvention.
Image Credit: Victor on Flickr
Understanding the Digital Millennium Copyright Act
Enacted in the United States in 1998, the Digital Millennium Copyright Act (DMCA) is a significant piece of copyright legislation.
A key component of the DMCA involves provisions designed to prevent the circumvention of technological safeguards.
Anti-Circumvention Measures Explained
The DMCA specifically prohibits bypassing these “technological protection measures.” This includes security features found on devices like mobile phones.
Furthermore, protections against installing unauthorized software on tablets – such as the Apple iPad and Microsoft Surface RT – also fall under this legislation. The act addresses practices like jailbreaking.
Circumventing these measures is considered unlawful under the terms of the DMCA.
Impact on eBooks
Technological protection measures are commonly implemented on digital books, often referred to as DRM (Digital Rights Management).
Consequently, removing DRM from an eBook to enable reading on a different eReader device is technically a violation of the law.
It’s important to note that not all eBooks utilize DRM; our own publication, while distributed through Amazon, is notably DRM-free.
Further Information
For a more comprehensive understanding of the DMCA and its anti-circumvention clauses, resources are available on the Chilling Effects website.
This website provides detailed information regarding the legal implications of the DMCA.
- The DMCA was established in 1998.
- It focuses on copyright protection in the digital age.
- Anti-circumvention is a central tenet of the law.
The Encryption of Commercial Video DVDs
Typically, the playback of a commercially produced video DVD is straightforward. Simply inserting the disc into a DVD player or a computer's drive initiates playback, often with the relevant software launching automatically. In a landscape increasingly marked by DRM-protected eBooks and files with hardware compatibility limitations, DVDs offer a relatively unrestricted method for enjoying films.
This is the common user experience, however. The vast majority of commercially released video DVDs employ encryption through the Content Scramble System, commonly known as CSS. Developing an independent DVD player necessitates obtaining a license for CSS support from the DVD Copy Control Association (DVD CCA).
This licensing agreement also mandates the inclusion of additional copy-protection mechanisms. One such feature is the region code system, designed to restrict playback of DVDs purchased in one geographical region on DVD players from other regions.
Image Credit: BY-YOUR-⌘ on Flickr
DVDs created for home video purposes generally do not utilize CSS encryption, allowing for standard playback functionality.
DeCSS
Prior to 1999, playback of DVDs was not natively supported on the Linux operating system. Although DVD drives included with computers typically shipped with licensed software for Windows, this software was incompatible with Linux.
A programmer from Norway, Jon Lech Johansen, developed DeCSS through the process of reverse-engineering a DVD player that had weak security measures. DeCSS functioned by decrypting the CSS encryption.
This decryption enabled unauthorized software to gain access to the data contained on DVD video discs. Without DeCSS, Linux users were unable to view video DVDs on their systems.
Legal Repercussions
Following the release of DeCSS, Jon Lech Johansen’s residence was searched by Norwegian law enforcement in the year 2000.
The DVD CCA then initiated legal action against him, seeking prosecution under the laws of Norway. Despite the legal challenges, he was eventually found not guilty.
However, the ensuing legal proceedings extended over a period of several years.
libdvdcss
While contemporary Linux systems generally don't employ DeCSS directly, analysis of the DeCSS code revealed vulnerabilities within CSS itself to brute-force attacks.
The CSS encryption, utilizing only 40 bits and a limited key space, is demonstrably weak. Modern computing power allows for the decryption of a DVD’s CSS encryption through exhaustive key searching – attempting each possibility until a successful match is found – in a matter of seconds.
libdvdcss performs this function. Upon installation on a Linux system, and subsequent DVD insertion, the encryption is broken within seconds.
This process occurs in the background, often appearing as seamless playback within a media player like VLC, though the decryption is actively taking place.
Without libdvdcss, DVD playback is typically impossible.
Legal Considerations
While libdvdcss itself hasn't faced direct legal action, its functionality likely contravenes the Digital Millennium Copyright Act (DMCA).
US court decisions have established that circumventing CSS encryption constitutes a breach of the DMCA. RealNetworks previously offered RealDVD, a program enabling DVD copying and digital conversion – mirroring the process of audio CD ripping.
The DVD Copy Control Association (DVD CCA) contended that RealNetworks’ use of licensed CSS encryption violated their agreement and the DMCA. Judgements confirmed that RealDVD infringed upon the DMCA’s anti-circumvention provisions.
Other DVD ripping software, including the widely-used Handbrake, also falls under the DMCA’s prohibitions, despite its broad availability online.
The DMCA includes an exemption pathway – explaining the legality of phone jailbreaking (though not tablet jailbreaking). However, an exemption for DVD playback on Linux systems has never been approved.
Governmental stances continue to classify both DVD ripping and Linux DVD viewing as unlawful activities.
Update: As of January, unlocking a mobile phone requires authorization from the original carrier, if the device was initially locked. Purchasing an unlocked phone remains an option, albeit at a higher cost.
Linux and Licensed DVD Playback: A Current Overview
Historically, Linux users faced legal obstacles when attempting to play commercially produced video DVDs, particularly within the United States. However, the landscape has evolved, and legitimate, licensed DVD player options are now accessible for the Linux operating system.
Ubuntu's Software Center, for instance, features the Fluendo DVD Player as a commercially available solution. The cost for this player is $25. It's worth noting that users may have already covered the expense of licensed DVD playback software bundled with their computer’s DVD drive.
Individuals who previously purchased Cyberlink DVD Player, once the sole legally sanctioned method for DVD viewing on Linux in the USA, may find it necessary to acquire the Fluendo DVD Player to maintain DVD compatibility with current Ubuntu versions.
The Practical Approach
Despite the availability of licensed options, a significant number of Linux users opt for alternative methods. A common practice involves searching online for solutions and installing libdvdcss, a free library that enables DVD playback within popular media players like VLC.
This approach circumvents the need for paid software and provides a readily available solution for many users.
Legal Considerations
It is important to acknowledge that we are not providing legal advice. The legal validity of using libdvdcss remains uncertain and could be challenged in a court of law. Similar ambiguities exist regarding the legality of unlocking mobile phones or jailbreaking tablets.
The Digital Millennium Copyright Act (DMCA) outlines the relevant legal framework, but its interpretation is complex.
Furthermore, restrictive laws similar to the DMCA are not exclusive to the USA. Other nations, such as Canada, have enacted legislation prohibiting “breaking a digital lock,” which would also encompass the use of tools like libdvdcss.