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DVD-CCA vs. Pavlovich deals with the juristiction of internet publications and accountability for content. Pavlovich was an open source devleoper who founded LiVid (Linux Video Project). They're goal was the provide DVD playabck support for Linux computers. Part of the project involved using the DeCSS algorithm which Pavlovich made available online. In his testimony, he says that he knew that there was questionable legality of using and spreading the code when he originally came across the algorithm, but he did it anyway.

Howver, the opinion of the court written by Justice Brown finds that Pavlovich cannot be forced to stand trial in California for the publishing of DeCSS on his web site. Pavlovich is not a California resident, performs no business in California, and was not actively encouraging California residents to use his algorithm to harm Californinan businesses. Brown determined that he cannot be held responsible for any negative economic impacts on California businesses that his posting caused.

The outcome of this case is important when considering the Dmitry Skylarov situation. Skylarov was detained for months for breaking a law of a country which he was not a citizen of, nor was he present in at the time he allegedly violated the DMCA. Not too long after, the courts are ruling that the liability can be restricted by state lines.

Another interesting aspect to this case is the dissenting opinion by Justice Baxter, particularly his wording. He critizies Pavlovich's "network of 'open source' associates'" in their efforts "to undermine and defeat the very purposes of hte licensed CSS encryption." Baxter tries to connect open source and piracy, a misconception that many people have. This association hurts legitimate developers and their efforts.

Baxter's opinions also details the inherent incompatabilities with the open source movement and closed DRM.  An open source project could never be licensed by the DVD-CCA because the stipulations would never allow certain parts of the code to be revealed.  He also compilcates the decision by discussing the fact that the whole point of the the DMCA to restrict playback ability.  Whatever their motivations were, they were making use of a technology that the DVD-CCA should have full control of and was developed through illegal means under US law.  Baxter determines that, jurisdiction issues asside, the LiViD developers should be held responsible for their development with an illegal technology.

Brad Templeton summarizes the impacts of the DMCA focusing primarily on Dmitry Skylarov's case from the point of view of an eBook publisher. Dmitry Sklyarov is a Russian graduate student who made some discoveries about inadequacies of Adobe Digital Rights Management for eBooks and published a paper on it. The paper caught the eye of two groups, one a Russian software company ElcomSoft, and the other, the DEF CON electronic security conference. ElcomSoft paid Dmitry to demonstrate these weaknesses by creating a program which ElcomSoft then marketed around the world (including the United States). DEF CON honored Dmitry's work by inviting him to speak at their conference. While he was speaking at the conference, Adobe filed a complaint with the federal government about the software ElcomSoft and politely pointed out where one of the developers might be found. Mr. Skylarov was then incarcerated for weeks, and kept in the country for months before charges were dropped. Mr. Skylarov broke no law in the country in which he wrote the software but because the company whom he sold it to engaged in potentially questionable business in the United States, he was detained. Computer scientists and researchers who do work relating to Digital Rights Management and cryptography will be less likely to come to American under fear of similar treatment and prosecution, significantly hurting the research community.

Templeton's role as an eBook publisher is important as he has experience with eBooks and is financially hurt by eBook piracy, yet he still supports an open format. He's even apart of the Electronic Frontier Foundation, which is strongly against DRM.  He discusses the failure of DRM and the benefits of open formats. Open formats are at a greater risk than closed but also see greater sales because of their increased utility. He also points out that as long as the DMCA prevents people from cracking poorly designed locks, there is less of an incentive to design better, more secure locks, stifling developments in security research. Templeton concludes that scapegoating weak DRM on a foreign visiting scholar only hurts the interests of the consumer, the research community, and the copyright holders whom the lock is designed to protect.

belongs to DMCA and Open Source project
tagged Adobe DMCA DRM Decryption Dmitry_Sklyarov Encryption eBook by mkuruc ...on 28-NOV-06