Posted by Bill Evans in on December 9, 2002 at 3:27 AM
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Teenager Prosecuted for Watching His DVDs on Linux Computer
Oslo, Norway - The criminal trial against Jon Johansen, a Norwegian teenager who watched his DVDs on his Linux computer using a DVD descrambling program called DeCSS, will start in Norway this Monday, December 9. The trial is scheduled to last until Friday, December 13.
After a request from the Motion Picture Association of America (MPAA), the Norwegian Economic Crime Unit (ØKOKRIM) charged Jon Johansen for unscrambling DVDs using DeCSS in 1999 when he was 15 years old.
Johansen is charged with violating the Norwegian Criminal Code section 145(2), which outlaws breaking into another person's locked property to gain access to data that one is not entitled to access.
Johansen's prosecution marks the first time the Norwegian government has attempted to punish individuals for accessing their own property. Previously, the government used this law only to prosecute those who violated someone else's secure system, like a bank or telephone company system, in order to obtain another person's records.
"Jon owned the DVDs and he's never been accused of copyright infringement or assisting in copyright infringement," noted EFF Legal Director Cindy Cohn. "Instead, he's facing criminal charges for taking the necessary steps to view his own DVDs on his own computers."
EFF assisted Jon in locating Norwegian counsel and setting up a defense fund.
Johansen's indictment came more than two years after the MPAA initially contacted ØKOKRIM prosecutors to request a criminal investigation of the Norwegian teen and his father, Per Johansen, who owned the equipment on which the DeCSS software was stored. The charges against Johansen's father were later dropped.
Representing Jon Johansen in this case is Halvor Manshaus from the lawfirm Schjødt in Norway.
A quick search for DeCss on the web turned up numerous copies of DeCss available for download.
Gallery of CSS Descramblers
More on the Johansen case:
http://www.eff.org/IP/Video/DeCSS_prosecutions/Johansen_DeCSS_case/
Free Jon email list:
https://owl.eff.org/mailman/listinfo/free-jon
Information on related DVD CCA cases:
http://www.eff.org/IP/Video/DVDCCA_case/
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User Comments
wattzz
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Date: December 9, 2002 @ 4:50 AM
how does this make any sense?
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W-B
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Date: December 9, 2002 @ 6:35 AM
All of this shows what has become clearer and clearer in recent years: the old axiom that "multinational corporations have more power than the nominal governments of XX country" couldn't be truer here. Evidently the MPAA believes Norway is some Third World-style puppet nation, to be played like a fiddle just as in certain Latin American countries (most notably, the history of Guatemala as it relates to the former United Fruit Company, now Chiquita Brands International).
Notice also the egregious media bias in the coverage of such cases: how they ALWAYS go on about how this or that development in technology would "affect" the multinational entertainment-media complex -- but NOTHING - NADA - ZILCH - ZERO - DIDDLY-SQUAT about how the multinational entertainment-media complex's doings, schemings, string-pullings and (to put it bluntly) attempts at sabotage are to the DETRIMENT of the average Joe or Jill.
Remember: If Hollywood-istan "wins," it ALWAYS means that the average consumer LOSES. All this, because the multinational entertainment-media complex firmly believes that their own selfish quest for maximum profit$$$ takes complete and total precedence over satisfying the customer for whom they have total and absolute contempt, disdain and distrust.
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spikester
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Date: December 9, 2002 @ 8:45 AM
Poor kid, gotta feel sorry for him. Even worse when you cannot innovate something useful these days without some corperation suing your ass off.
The big reason behind this is to gain control, something the RIAA/MPAA always fought for. Having opensource code to be able to use the CSS files on a DVD however you want breaks this control.
However, it does allow you to do anything you want to the DVD you bought legally. Where before CSS was reverse engineered, the MPAA had you basically trapped.
They oughtta put me behind bars for life, the amount of times i broken the DMCA by firing up my mplayer (opensource linux movie player) and watching a legally bought DVD.
Imagine that.
I hope a good example gets set here and Jon wins this battle.
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goldenpi
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Date: December 9, 2002 @ 12:24 PM
They are chargeing him under a law which was intended for prosicuteing people breaking into remote computers. That cant be too reliable. In addition there is now considerable public support. It essentially comes down to common sense vs money and lawyers. Usually money and lawyers win, but in this case it will take the full might of the hollywood budget. Unfortunatly they have the full might of the hollywood budget: Jon has become an icon, and he must be ruined and put on display to warn the rest of the world not to mess with Media.
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spikester
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Date: December 9, 2002 @ 12:36 PM
The most truely funny thing about this is how the holy "CSS" system was deemed uncrackable by the MPAA. They get really pissy when you can prove them wrong otherwise.
In other news, the cracking of CSS has pushed the release of DVDA/SACD way behind schedule. Supposingly they are working on creating a new type of CSS system for this. Its bound to be cracked also. Same with Sony's SACD format, its going to be cracked too.
People are going to want more choice rather then an analog output (disabled optical out when playing SACD/DVDA) or an encrypted optical out on these new SACD/DVDA devices. They are going to get it, all its going to take is the right person to crack the code.
People want to be able to use what they buy however they please. DRM is failing, but its going to lose the movie/music/software industry billions before they realize this. If they ever.
I see the RIAA/MPAA heading for chapter 11 before they get the real picture. By then itll be too late.
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horsefucker
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Date: December 9, 2002 @ 7:57 PM
I hope someday the MPAA sucks my cock.
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Remye
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Date: December 9, 2002 @ 8:01 PM
what happened to circumstances being taken into consideration? I have to agree with a lot of people here, he wasn't breaking into someone ELSE'S computer, he was using his OWN computer to watch his OWN movie! stupid ass crap!
Has anyone in "the industry" realised yet that they are indeed STILL losing billions of dollars, just because people are cracking these things? I think they have, and that these "losses" are a large part of what they are projecting. It's NOT just about losing money to downloads, it's about THEm throwing money away on bullshit ideas, then continuing to throw the money in until they can't legally show just cause. Kinda makes ya wonder EXACTLY what those "loss" figures are huh?
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smelv1n
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Date: December 9, 2002 @ 8:55 PM
how did they find out he was watching dvds on his own computer??
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shoshidge
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Date: December 9, 2002 @ 8:56 PM
How did the MPAA find out about him in the first place?
Someone has to let us know if the kid actually gets convicted of something, I doubt it will happen.
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FordIndigo
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Date: December 9, 2002 @ 8:59 PM
You Know I think I'm gonna go download a DeCSS program right now. I don't have a bloody clue how to use it, but I think I'll download it just to piss somebody off. The when they sue me for something I didn't do then I can counter sue for about five million in mental stress, and personal life damages. Then I won't have to get up and go to work in the morning anymore. WOO HOO!!
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spikester
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Date: December 9, 2002 @ 10:18 PM
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LarsIsMyBitch
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Date: December 10, 2002 @ 2:10 AM
I think they're trying to target a kid who is 15 (in 1999 - that means he's 18 now... and an adult?) to scare the next generation.
What a fucking bunch of pricks. If this same kid broke into a website and hacked it up, he'd get a warning and his computer taken away. But at least he'd have the accomplishment of doing something WRONG.
What kind of assholes sues a father and son anyway? I mean really! For WATCHING a movie?
Here's an industry that his a real piracy problem. Instead of picking one poor kid out, why not go after the people that are taking MILLIONS from the MPAA by copying and re-distributing illegal stuff at swapmeets, Mexico, etc? But no - they go after a kid using Linux.
It's settled. The MPAA members and their lawyers were all breastfed until age 10, beaten up by bullies as kids, are mentally castrated by their wives daily and have very very tiny penises. There is no other possible explanation for picking on a Norwegian kid for WATCHING a movie.
That includes you, Lucas!
Maybe next year, there will be a fine for pausing a movie to take a dump. After all, we'd be "altering the movie's integrity" or some shit. I can see it coming.
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ChillinBuzz
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Date: December 10, 2002 @ 10:31 AM
Good point Lars, they found out when he was 15, now its only going through the adult legal system now he's 18?????
This is just an example of what they can do, and how far down they are prepared to stoop to make examples of anyone. They dont care for publicity, they'll throw the law in your face on that point. They don't care if everyone hates them, they're getting money and slapping us about whilst hiding under their 'law'...
Under the present laws they do have, wouldn't they (or did they) take his computer away? If they didn't, and as has been pointed out, he didnt hack, crack or break anyone's net property save that of his own, where is this case heading?
To the doghouse 
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goldenpi
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Date: December 10, 2002 @ 11:46 AM
He will probably lose. Not much chance of jail, but expect a very large fine.
So thats why they took three years just to get started
The DVD-audio protection system is complete. It is called CPPM, Content Protection for Prerecorded Media, and is very similar to CSS
Now the specs for CPPM are availavle from the 4C group if you are willing to spend a few months filling in intrusive (and varified) forms. They ignored my requests completly until I emailed them and somehow got a human response. But it just happens that I am in the middle of the LawyerBait experiment. If you go to www.goldenpi.no-ip/org/drm/storage.shtml you can download the CPPM specs, as well as CPRM, without haveing to fill in any intrusive forms. The purpose is to see how long before I get the warning letter. I dont know how long they will be up, so get them while you can.
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goldenpi
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Date: December 10, 2002 @ 11:46 AM
Awful typeing - www.goldenpi.no-ip.org/drm/storage.shtml
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goldenpi
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Date: December 10, 2002 @ 11:47 AM
Now the pharser messes it up. One more time:
www.goldenpi.no-ip.org/drm/storage.shtml
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goldenpi
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Date: December 10, 2002 @ 11:48 AM
It did it again. Ok, this should do it:
www.goldenpi.no-ip.org
slash
drm
slash
storage.shtml
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ChillinBuzz
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Date: December 10, 2002 @ 12:17 PM
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W-B
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Date: December 10, 2002 @ 6:54 PM
Again . . . another example of our overall culture heading towards closed-society / police-state status, all to appease a small clique of greedy, selfish, paranoid, vengeful multinational conglomerates who couldn't care less about -- indeed, have utter contempt for -- the average consumer.
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princess-angry
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Date: December 11, 2002 @ 1:37 PM
""Johansen is charged with violating the Norwegian Criminal Code section 145(2), which outlaws breaking into another person's locked property to gain access to data that one is not entitled to access.""
-"not entitled to acces"- ummm you mean your not supposed to watch your own dvd's?? you just pay 21 dollars to let them collect duct on a shelf?! Now way!!!! you can not do that!!! besides.... why go after individuals?????!!!!!!
it's his right to watch a dvd on his computer!!!! it's yours!!!!
seriously.... this is not the right thing to do!!!!!!!!
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goldenpi
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Date: December 11, 2002 @ 3:13 PM
Its using a rather awkward law. Norway has no equivilent of the DMCA. As we all know, the DVD is the property of the person who brought it. I expect the prosecution can claim that people only buy the physical media and a license to view the content, not the content itsself  .
The response to CSS was quick, but not quick enough. CSS spread one step ahead of the lawyers. Ruining Johansens life was a nesicary componant of the DVDCCA and MPAA plan to censor CSS. That plan failed, but now they can make an example of him. Make sure everyone knows what happens to people who dare to break their copy protection. This could happen again: The people who designed CSS also devloped CPPM, CPRM, DTCP, HDCP and most of the CPSA.
Still no sign of the lawyers.
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spikester
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Date: December 12, 2002 @ 7:42 PM
spike@spikes:~> mplayer -dvd 1
MPlayer 0.90rc1-3.1 (C) 2000-2002 Arpad Gereoffy (see DOCS)
CPU: Intel Celeron 2/Pentium III Coppermine,Geyserville (Family: 6, Stepping: 6)
CPUflags: MMX: 1 MMX2: 1 3DNow: 0 3DNow2: 0 SSE: 1 SSE2: 0
Compiled for x86 CPU with extensions: MMX MMX2 SSE
Playing DVD title 1
Using CSS Key-cache dir: /home/spike/.mplayer/DVDKeys/THE_MATRIX
Reading disc structure, please wait...
There are 37 titles on this DVD.
There are 38 chapters in this DVD title.
There are 1 angles in this DVD title.
DVD successfully opened!
Detected MPEG-PS file format!
VIDEO: MPEG2 720x576 (aspect 3) 25.00 fps 8500.0 kbps (1062.5 kbyte/s)
COME SUE ME ASSHOLES!!!!
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W-B
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Date: December 12, 2002 @ 8:15 PM
Re the comment of "making an example" of Johansen from 'goldenpi': Kinda reminds me of the time in late 1955 when the city fathers of Montgomery, Alabama, sought to likewise "make an example" of a black woman who had just been arrested for refusing to give up her seat in the back of a bus to a white person. The name of this black woman: Rosa Parks.
The difference between the impact of that 1955 incident and the situation today shows how nefarious and insidious the multinational entertainment-media complex's agenda of exclusivism, disenfranchisement and enslavement with respect to digital technology is in relation to "Jim Crow" apartheid laws, coupled with more of an apathy and indifference on the part of the general public in contrast to the extent of public participation at the time of the civil-rights struggles. Now welcome to the "new-style" apartheid, courtesy of the multinational entertainment-media complex.
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teknokimono
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Date: December 14, 2002 @ 8:38 PM
watching a "legally" bought DVD by "illegal" means was forced upon the teenager by the MPAA and lack of proper DVD software for LINUX.
A consumer association should sue the MPAA for not promoting proper distribution of software.
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goldenpi
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Date: December 19, 2002 @ 7:35 AM
Actually its impossible to make a legal linux DVD player. The CSS license includes very detailed anti-tamper and anti-disassemble requirements. No linux system can possibly meet those requirements, because there would be no way to authenticate the DVD drive (check its regioned properly), the video card (check if macrovision is enabled on video outputs) or any other hardware. Under windows they at least know the kernel and drivers are not going to record anything, but under linux anyone can add a few lines of logging code to the sound, video or IDE drivers.
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goldenpi
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Date: December 19, 2002 @ 7:35 AM
This ended on the 13th. How did it go?
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