[d@DCC] TPM case under the EUCD, and renewing complaint about DVD CCA

From: Russell McOrmond <russell _-at-_ flora.ca>
To: Compbureau (at) ic.gc.ca
Date: Wed, 14 Jan 2004 22:44:50 -0500 (EST)

Message copied to Compbureau@ic.gc.ca


  I was just sent the following about a Dec. 31, 2003 Italian court
decision on modifying Sony playstations.  In light of this possible
relevant caselaw I would like to renew my complaint about DVD CCA and the
imposition of their CSS encoding scheme in Canada.


English version of Italian decision
  http://www.alcei.it/english/actions/psmodchip.htm
  "But if the device, with a few hacks, may run Linux, why in the world 
   shouldn't a user be free of use it in all the ways he likes?  This is
   as if FIAT would sell a car forbidding the use to non-EU citizens and
   on out-of-town roads."

  It was decided that the purpose of the chip was not to circumvent
copyright, and thus was not related to the "Legal protection for
Technological Protection Measures" aspects of the new law created in
relation to the WIPO treaty.

IPJustice also has a media release
  http://ipjustice.org/media/release20040112_en.shtml


  I believe this should have implications for the DVD CSS and related
cases as well, another case where the use of CSS decoding software is
unrelated to copyright infringement.

  If the vendors of one product (A DVD movie, a video game, a video game
console) are not being granted a new exclusive right to tie the usage of
that product to another (an authorized DVD player, an authorized console,
an authorized video game), then the current practice of Sony (game
console) and DVD CSS are both not protected under copyright law.

  If there is no copyright claims involved, then there should be nothing
stopping Canada's Competition Bureau from investigating the actions of DVD
CCA in their attempt to declare illegal DVD players not authorized by them
that can decode CSS encoded movies.

  I am copying this message to the competition bureau in the hopes that 
they will eventually investigate this case.  There is a market for DVD 
players not authorized by the DVD CCA that has thus far not been able to 
exist, such as a growing number of Linux based Internet Workstations that 
would also make good DVD players.

  I have DVD hardware and Open Source DVD playing Software in my home
computer.  I believe it should be my lawful right to use this combination
to watch any DVD movies I lawfully bring into my home (borrow, purchase or
rent).


  - the issue is not the current retail price of DVD players.  Even if DVD 
    players were $free$ this issue would still exist.

  - the issue is not the speed at which Hollywood movies become available 
    in Canada.

  - the issue is the right of Canadian Citizens to be able to decide what
    DVD viewing hardware and software they wish to use *independent*
    of what DVD viewing hardware/software that the creator of a DVD movie 
    wished the movie to be viewed on.  The borrow, purchase or rental of a
    DVD movie should not be tied to the purchase of a DVD player that is
    authorized by the creator of the movie.



Further submissions relating to this case:

  http://www.flora.ca/competition2003/

  http://www.flora.ca/copyright-2001-cmpda-reply.shtml
  -- Talks about DVD CCA possibly being guilty of 'tied selling' which is 
     in fact the only purpose for the creation of the DVD CSS encoding
     system: to tie the viewing of a CSS encoded DVD movie to a DVD CCA 
     authorized DVD player.




  The following are a sampling of previous letters exchanged with the
Competition Bureau on this case:

http://www.digital-copyright.ca/discuss/535 - another complaint from me
http://www.digital-copyright.ca/discuss/86  - Tom Trottier's complaint
http://www.digital-copyright.ca/discuss/42  - My complaint
http://www.digital-copyright.ca/discuss/40  - Sandy Harris's notes

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/

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