AACS licensor complains of posted key

sender

on behalf of Advanced Access Content System Licensing Administrator, LLC (AACS LA)

[Private] New York, NY, 10038, US Sent on April 17, 2007

recipient

Google Inc.

[Private] Mountain View, CA, 94043, US Received on April 17, 2007

Other Entities:

Principal

Re: Illegal Offering of Processing Key to Circumvent AACS Copyright Protection

Sent via: express mail

Notice Type:: DMCA

Body

http://uscpwned.blogspot.com/2007/02/holy-grail-located-hd-dvd-and-blu-ray.html
[http://linuxnotes.blogspot.com/2007/02/09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63.html
http://simonsta.blogspot.com/2007/02/lost-meets-aacs.html
http://cronicasredux.blogspot.com/2007/02/crypto.html]

Dear Google Inc. 

We represent Advanced Access Content System Licensing Administrator, LLC (AACS LA), developer, proprietor and licensor of the Advanced Access Content System (AACS).  AACS is an integrated set of technological protection measures that controls access to and prevents unauthorized copying of copyrighted motion pictures embodied on high definition DVDs. 

It is our understanding that you are providing to the public the above-identified tools and services at the above referenced URL, and are thereby providing and offering to the public a technology, product, service, device, component, or part thereof that is primarily designed, produced, or marketed for the purpose of circumventing the technological protection measures afforded by AACS (hereafter, the "circumvention offering").  Doing so constitutes a violation of the anti-circumvention provisions of the Digital Millennium Copyright Act (the "DMCA"), 17 U.S.C.

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Related FAQs

What are technological protection measures?

Technological protection systems are already in place in DVDs, eBooks, video game consoles, robotic toys, Internet streaming, and password-protected sections of web sites. The fact that a digital protection may be really weak and easy to circumvent has not prevented courts from applying this law to punish those who bypass them.

The DMCA defines an access control mechanism as a measure which "in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. See Section 1201(a)(3)(B) of the Copyright Act. An access control is a technology, like a password or encryption that controls who or what is able to interact with the copyrighted work. It is a violation of the DMCA to circumvent access controls, but it is also a violation to provide tools to others that circumvent access controls (including selling, distributing free of charge, and possibly even linking to a site with such technology).

What constitutes copyright infringement?

Subject to certain 17 U.S.C. ?106. It is also copyright infringement to violate the "moral rights" of an author as defined by 17 U.S.C. 106A. Moral rights are discussed here.

Do I need to register my copyright?

You get copyright automatically when you create a work and "fix" or record it. Registration with the Copyright Office is not a prerequisite, but it can give you additional protection: you can only get statutory damages for infringement of a registered copyright. A U.S. author must also register before filing a copyright lawsuit.

How does the DMCA affect the first sale doctrine?

First Sale is an important protection for the public in copyright law. The first sale doctrine permits individuals who buy products containing copyrighted information to choose whether to sell, share, rent or simply give them away. As more information migrates toward digital storage and distribution, copyright owners prefer licensing, rather than selling, copyrighted material. These licensed products often contain technical protection measures that control access and copying. The concern is that the trends toward digital distribution, licensing, and technical locks, coupled with the prohibitions of the DMCA will undermine the protections for the public found in the first sale doctrine.

What rights are protected by copyright law?

The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying), (2) the right to create derivative works, (3) the right to distribution, (4) the right to performance, (5) the right to display, and (6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement regulation protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.

How does a Creative Commons license help?

Creative Commons licenses provide a standard way for authors to declare their works "some rights reserved" (instead of "all rights"). If the source you're quoting has a Creative Commons license or public domain dedication, you may have extra rights to use the content. Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return. The attribution license, for example, lets you copy, distribute, and display a work so long as you name the original author. Share-alike lets you make derivative works so long as you use the same license for your re-mix. A work in the public domain is no longer under copyright, so you can use as much as you want in any way you like.

What are the civil penalties for a DMCA 1201 violation?

Civil cases are brought in federal district court where the court has broad authority to grant injunctive and monetary relief. Injunctions can be granted forbidding the distribution of the tools or products involved in the violation. The court may also order the destruction of the tools or products involved in the violation. The court can also award actual damages, profits gained through infringement, and attorney's fees. If an individual held in violation of the DMCA commits another such violation within the three-year period following the judgment, the court may increase the damages up to triple the amount that would otherwise be awarded.

In circumstances involving innocent violators, it is up to the courts to decide whether to reduce damages. But, in the case of nonprofit library, archives or educational institutions, the court must remit damages if it finds that the institution did not know of the violation.

What is a civil lawsuit?

In a civil lawsuit, the victim brings a case for money damages against the offender or a third party for causing physical or emotional injuries. Regardless of the outcome of any criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties. The person who starts the lawsuit is called the plaintiff, and the person or entity against whom the case is brought is called the defendant. Unlike a criminal case, in which the central question is whether the offender is guilty of the crime, in a civil lawsuit, the question is whether an offender (or a third party) is responsible for the injuries suffered

In a civil suit, unlike a criminal prosecution, the plaintiff is responsible for the cost of litigation. Most attorneys handle victim cases on a contingency basis, which means that the attorney fee is deducted from the final award. This allows individuals to have access to the civil justice system without the need to finance the case themselves. If the case is not successful, the victim usually pays nothing. In a civil suit, the attorney directly represents the victim.

What are the penalties for violating the DMCA's anti-circumvention provisions?

The DMCA allows for both civil remedies and criminal penalties for violations under the anti-circumvention provisions. If the violations are determined to be willful and for commercial purposes or private financial gain, the court can order significant fines and/or imprisonment.

How can I find out whether a work has a registered copyright?

Works are copyrighted as soon as they are "fixed in a tangible medium of expression," but some legal rights and remedies are available only if the work's copyright is registered. To find a copyright registration, you may search copyright records at the Copyright Office website, but be aware that not finding a match does not mean the work is uncopyrighted.

What is criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

What is the difference between plagiarism and copyright infringement?

Many people confuse the two, but copyright infringement and plagiarism are different concepts. Plagiarism occurs when a dishonest writer, or some other person, copies another's words or ideas without attributing them to the true author. Black's Law Dictionary 1170 (7th ed.1999). With plagiarism, it does not matter whether the words are copyrighted .

What are monetary damages?

Monetary damages are a category of "Special damages." They are awards which compensate plaintiffs for monetary losses. These may be actual losses (real lost sales) or reasonably predictable losses.

What is defamation?

Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

Speech that involves a public figure--such as a corporation--is only defamatory if it is false and said with "actual malice", meaning with knowledge of the statement's falsity or in reckless disregard for the truth. It also must be factual rather than an expression of an opinion. In the United States, because of our strong free speech protections, it is extremely difficult to prove defamation of a public figure.

Truth is an absolute defense to a claim of defamation, but of course, the truth can be difficult and expensive to prove.

Opinions are not defamatory, but the issue is whether a reasonable reader or listener could understand the statement in question as asserting a statement of verifiable fact, not whether it is labeled as "opinion."

What is the "first sale" doctrine?

First sale is a doctrine in copyright law saying the owner of a particular copy of a copyrighted work has the right to sell, lend, or transfer that copy. In other words, the copyright holder's rights over a physical copy of a work end with the "first sale." The doctrine is codified in the Copyright Act, 17 U.S.C. 109.

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