Information Technology Reference
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back to Sony via the Internet. Extended Copy Protection did this by secretly installing
a rootkit on Windows computers when the CD was played for the first time. A rootkit
is a way of hiding files and processes from users; rootkits are commonly associated with
computer hackers. The installation of the rootkit also compromised the security of the
user's computer, making it vulnerable to “Trojan horse” programs (see Chapter 7) [57].
A computer expert discovered the Sony rootkit on his computer and publicized its
existence, resulting in a huge public outcry and a class action lawsuit. Without admitting
any wrongdoing, Sony BMG agreed to the following:
. Cease production of CDs with Extended Copy Protection
. Provide financial incentives to retailers to return unsold audio CDs with Extended
Copy Protection
. Make freely available the software patch needed to uninstall the rootkit
. Allow customers to exchange CDs with Extended Copy Protection for identical CDs
with no DRM
. Give consumers $7.50 or three free album downloads for every CD with Extended
Copy Protection they exchange [58]
4.5.5 Encrypting DVDs
A DVD (digital versatile disc) is capable of storing a full-length motion picture. DVDs
are smaller than videotapes and have higher video and audio fidelity. People can view
DVDs on DVD players attached to home entertainment systems; they can also watch
DVDs on Windows and Macintosh computers equipped with DVD players.
To prevent unauthorized viewing of DVD movies, the contents of the discs are
encrypted using a scheme called the Content Scramble System (CSS), developed by
Matsushita and Toshiba. DVD players and DVD drives inside PCs and Macintoshes have
a licensed copy of CSS, including the decryption keys [59].
In 1999 16-year-old Norwegian Jon Johansen wrote a computer program called
DeCSS that decoded the CSS encryption scheme. DeCSS enabled him to view DVD
movies on a computer running the Linux operating system, which was not supported
by CSS. Johansen distributed the program to others via the Internet.
2600 Magazine published the code and provided links to it. Eight major motion
picture studios successfully sued the publisher of 2600 Magazine for violating the Digital
Millennium Copyright Act [60]. In November 2001, a federal appeals court upheld the
ruling. The appeals court ruled that while a computer code is “speech,” the code enjoys
only limited First Amendment protection because its purpose is more “functional” than
“expressive.” The court held that the publisher's right to post the code on the Internet
was outweighed by the potential harm the program could do in the form of increasing
the illegal copying of digitally encoded motion pictures [61].
Jon Johansen was also brought to trial in Norway for creating and distributing
DeCSS, but in January 2003, an Oslo City Court acquitted Johansen. The court ruled
he had the right to access information on a DVD that he had purchased. It noted the
 
 
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