The Fight Against DVD Piracy Turns to Contract Law

The Motion Picture Association of America (MPAA), a trade association whose members include Buena Vista Pictures Distribution and Universal Studios, has recently brought lawsuits against two manufacturers of chips used in DVD players. These chips allegedly bypass copy-protection schemes required by the CSS (Content Scramble System) licence. The CSS license is part of the multi-layered copy-protection scheme introduced in an attempt to thwart piracy efforts. In order to manufacture DVD players able to read commercial copy-protected DVDs, manufacturers must agree to licence CSS from the DVD Copy Control Association (DVD CCA). The CSS licence agreement includes anti-copying requirements such as output plugs that degrade signals enough that high-quality copies cannot be made. MPAA's recent lawsuits are based on the manufacturers' alleged breach of the CSS licence agreement. It is claimed that the manufacturers created chips that could bypass the required copy-protections schemes, thereby breaching the agreement. In the past, the MPAA has taken action against the developers of the software that enabled the copying of commercial DVDs. These recent lawsuits are different, however, since the claims are based on contract law rather than on copyright law. It will be interesting to see how the courts will respond to this argument in comparison to previous actions based on copyright law. For more information on the MPAA, visit: www.mpaa.org. For more information on the DVD CCA, see: www.dvdcca.org. For more information on the CSS, visit: www.dvdcca.org/css. Summary by: Sue Diaz