Judge Kaplan subsequently issued a memorandum order in which he indicated that executable source code was not subject to First Amendment protection against prior restraint of speech. This finding is contrary to that of the 9th Circuit US Court of Appeals, who ruled in the Bernstein cryptography case that source code is indeed protected speech. In their decision, The 9th Circuit even quoted some Scheme code from the declaration of MIT Professor Harold Abelson, explaining why source code is an effective and sometimes preferred means of human communication. Professor Andrew Appel of Princeton University also filed a declaration explaining the importance for computer science of being able to publish source code. More recently, the 6th Circuit US Court of Appeals ruled in the Junger cryptography case that, independent of its functional significance, the expressive nature of source code affords it First Amendment protection.
If code that can be directly compiled and executed may be suppressed
under the DMCA, as Judge Kaplan asserts in his preliminary ruling, but
a textual description of the same algorithm may not be suppressed,
then where exactly should the line be drawn? This web site was
created to explore this issue, and point out the absurdity of Judge
Kaplan's position that source code can be legally differentiated from
other forms of written expression.
Exhibit | Description |
Anonymous C source code Hoy filing | This is the source
code for the CSS descrambling algorithm that was posted
anonymously to the LiViD mailing list in October 1999. The C code was
supposedly written by someone who disassembled a software DVD player
to uncover the descrambling algorithm. It was this posting that led
Frank Stevenson to conduct his analysis of the CSS encryption
scheme. The code was subsequently included in an unsealed (whoops!) legal filing by John Hoy, president of the DVD-CCA, in the California trade secret lawsuit against Andrew McLaughlin and 92 other defendants. Guess it's not a trade secret anymore. More about that here. |
css_descramble.c | This is a different C implementation of the descrambling algorithm. This one, by Derek Fawcus, is part of the css-auth package, which is a component of LiViD, a Linux DVD player. It is interesting to compare the two implementations to see how they differ in strategy. Among other things, Fawcus' version uses fewer tables, and unrolls one of the loops. Such a comparison is only possible by examining the source code. Yet another implemenation, with only a single table, was produced by Frank Stevenson, and is less than 2,000 characters long. |
Perl code: shorter or faster Cotton version: order the t-shirt | Two Perl implementations courtesy of MIT Student
Information Processing Board members Keith Winstein and Marc Horowitz.
The shorter one, qrpff, is 472 bytes
(discounting newlines). The faster one,
531 bytes long, caches the permutation corresponding to CSStab1, and
is actually fast enough to use to watch a movie. The program takes a
five-byte title key (see here) on the
command line (five decimal numbers in least to most-significant order,
separated by colons) and an MPEG 2 Program Stream VOB file on stdin,
and outputs a decrypted version of the VOB file. For example: to play
a movie whose title key is 0xcd302010fe, do:
cat file.vob | perl -I 254:16:32:48:205 qrpff | extract_mpeg2 | mpeg2dec -
This work grew out of Keith's preparation for a 6-hour seminar on DVD decryption taught at MIT in Jan-Feb 2001. Suggestions for further shortening the code should be sent to sipb-iap-dvd@mit.edu. Recently featured in Wired, Slashdot, The Register, and ZDNet / USA Today / MSNBC. And now you can order the t-shirt. |
Tiniest known C implementation | This tiniest known C implementation, now just 442 bytes (discounting newlines), is also plenty fast. As featured in The Register, it comes from Charles M. Hannum, who writes: "on my Mac G4 cube (running NetBSD, not MacOS), it can descramble in excess of 21.5MB/s [original version; 15MB/s with shorter version, still better than 10 times maximum DVD bit rate], ... without even particularly trying to optimize the I/O. This makes it pretty insignificant compared to the rest of the decoding process." We understand he performed these measurements using artificial data; he would of course be in violation of 17 USC 1201(a)(1) if he used the code to watch a movie he had lawfully purchased. |
Anonymous SML code |
This is a translation of the Anonymous C source code into Standard ML, a functional programming language popular among theoretically-oriented computer scientists. Since the code is purely functional, the author of this translation, a Carnegie Mellon undergraduate, says: Coupled with the ML definition, it's no stretch to think of it as a mathematical formula rather than a "device". Are mathematical formulas still protected speech? The student is taking no chances; he's asked to remain anonymous. |
Mathematical description |
Another mathematical description of the decryption algorithm, by Charles M. Hannum, who writes: "The mathematical description ... is very similar to how things like FFT algorithms are presented in journals. These are clearly scholarly works, and are vital to progress -- e.g. in the area of signal processing. And yet, even an average programmer can easily translate such a description directly into code." |
css_descramble.scheme | This translation of css_descramble.c into the Scheme programming language was contributed by John R. Hall. Scheme is a variant of Lisp popular among academic computer scientists. |
page1.gif page2.gif page3.gif |
Screen dump of the CSS descrambling code. This is not the source code; it's a picture of the source code. These GIF files are not directly readable by a C compiler. However, a human looking at these images could certainly type the C code into a text file. Or the files could perhaps be converted automatically, by an OCR program. Are these page images considered an illegal "circumvention device" under the DMCA? Or, since they're not executable, are they protected speech? |
new-language.txt | Here is an implementation of the descrambling algorithm in a new programming language for which no compiler currently exists. This language, similar to C, was invented by Dave Touretzky. Since the code in this form is not executable, it is presumably protected speech. But if someone writes a compiler for this language, would Dave Touretzky then become liable for trafficking in a circumvention device under section 1201 of the DMCA? |
plain-english.html |
A description of the descrambling algorithm in plain
English, written by Dave Touretzky. This description is not machine
readable, but it can easily be translated into C code by a
knowledgeable C programmer. It could not be translated by a
non-programmer, or a machine. Is it therefore protected speech? If natural language processing technology advances to the point that a machine could translate this English text into executable code, could the text then be suppressed under the DMCA? |
css-auth.eng | In October, 2000, Omri Schwarz released Perl scripts for automatically translating C to English, and English back to C. Here is the English version of css-auth.c that it produces, called css-auth.eng. |
english-and-c.html |
Another version of the descrambling algorithm in plain English,
but this time each line is annotated with the equivalent statement
written in the C language. This description is not directly machine
readable because the C code is interspersed with English text and HTML
formatting instructions. But the C code can easily be extracted from
the document, and this requires less skill than translating the
English into C. Can this text document therefore be suppressed under
the DMCA? |
decss-haiku.txt | DeCSS Haiku: this ingenious poem is both a commentary on the DeCSS situation and a correct and complete description of the descrambling algorithm. Truly inspired. (Original version February 12, 2001; minor revisions sent by author on February 23.) Author is anonymous; his submission was via anon remailer, so there is no way to reach him. |
Cryptanalysis of CSS |
This is an analysis of the
CSS algorithm by Frank Stevenson, along with a description of various
attacks on the encryption scheme. Please see our Frank
Stevenson archive for more documents and program examples. And here is a more accessible tutorial on CSS by Gregory Kesden. Should these lecture notes, taken from a course taught at Carnegie Mellon University, be declared illegal? What about this case study on CSS by Jason Cherry? |
DeCSS
T-shirt or qrpff t-shirt from CopyLeft | The source code for css_descramble.c is available on the back of this t-shirt from CopyLeft. Copyleft has been sued for their trouble. Also offered: "I am a circumvention device" t-shirt with the qrpff Perl code on the front. Are sales of these shirts banned under the DMCA? Would merely wearing such a shirt in public constitute "trafficking in a circumvention device" as defined in section 1201 of the DMCA? |
Dramatic reading or or |
A dramatic
reading of the file css_descramble.c, read by Xader Vartec. This is a
3.5Mbyte MP3 file; it runs 7 minutes and 20 seconds. Joe Wecker of the band Don't Eat Pete recorded a musical version of my "plain English" rendition of the source code, with musical accompaniment. This is a 7.2Mbyte MP3 file that runs 7 minutes 28 seconds. Transcript courtesy of Keith Dawson of tbtf.com. This song has been banned from MP3.com. Are these kinds of "artistic performances" covered by Judge Kaplan's injunction? Jeff Schrepfer turned the code directly into music, as a MIDI file. The file was created by starting with the source code and "removing all the white space, then transforming each ASCII character into a single 32nd note of its midi equivalent (midi notes, like ASCII characters, are coded into values ranging from 1 to 127.)" Mike Castleman improved on this by encoding whitespace and newlines in the note lengths. |
css-auth inspired audio CD | A CD called Circumvention Device offers "an MP3 compilation of sound artists and musicians from around the world using the css_descramble.c source code as an artistic element in their work," courtesy of Chicago-based art and technology center Deadtech. Tracks may also be downloaded directly from the web site. |
DeCSS The Movie and |
Left: DeCSS The Movie, by Samuel Hocevar and friends. Watch the code scroll by in a Star Wars-like MPEG animation. This is method #40 in Hocevar's list of 42 ways to distribute DeCSS. Right: Stairs of Freedom, by Anders Sandberg, another DeCSS animation. |
DVD logo in css-auth source | This DVD logo formed out of
the characters in the css-auth source was generated by someone using
the MosASCII tool
created by Robert DeFusco. The intensity changes are accomplished by
changing the font color every few characters. To view the entire source, click on "Select All" from your browser's Edit menu. |
Circuit implementation in Verilog |
Verilog is a hardware description language. Here is the Verilog source for an actual circumvention device, contributed by anonymous author DAH, who writes: "not only can a human read the source, and a simulator interpret it, but with other quasi-pushbutton tools you could configure an FPGA (or fab an ASIC) with it. The README.txt explains more." This is not a device; it's just a description of a device. Should it be illegal to distribute this circuit description? Here's another Verilog implementation by an anonymous author. |
Yahoo greeting card | Someone sent me a Yahoo electronic greeting card with the source code for css_descramble.c as the message (plus a two-for-one coupon for a Slurpee). Yahoo greeting cards expire after 60 days, so this file would have been good through the end of October, 2000, but Yahoo pulled it on September 13 after the Salon article referenced it. |
Visit our new Steganography Wing, now under construction, to see many additional creative ways to encode the css-auth source. |
As long as I am mayor of this city [Jersey City, New Jersey] the great
industries are secure. We hear about constitutional rights, free
speech and the free press. Every time I hear these words I say to
myself, That man is a Red, that man is a Communist. You never hear a
real American talk like that. -- Frank Hague (1896-1956) (Quote provided by Marina Brown.) |
New York DVD Trial |
My declaration referencing this Gallery |
Other declarations that reference mine: Schumann, Gold, Boyden |
My deposition, discussing the Gallery and other things |
My testimony at trial |
Defendant's post-trial brief, August 8, 2000. (Cites Touretzky testimony that code is expressive speech) |
Plaintiff's post-trial brief, August 8, 2000. (Unsupported argument that code is not speech; evasive about the Gallery exhibits) |
Judge Kaplan's decision, August 18, 2000 (see footnotes 183 and 275) |
Amicus brief filed in the appeal to the 2nd Circuit, co-sponsored by Touretzky and many other computer scientists. January 23, 2001. |
MPA legal threat against this web site, and my reply. (February 5-6, 2001) |
Media Coverage of the Gallery or Testimony |
EFF Press Release, July 25, 2000 (EFF Detonates Mind Bomb on Final Day of DVD Trial) |
Associated Press, July 26, 2000 |
Hollywood Reporter, July 26, 2000 (story by Ian Mohr) |
The Industry Standard, July 26, 2000 (story by Jeff Howe) |
The Micro Times, July 26, 2000 (story by Steven Bonisteel) |
New York Times, July 31, 2000 (by Amy Harmon; front page of Business section) |
Slashdot, July 31, 2000 (sparked by NY Times story) |
The Industry Standard, July 31, 2000 (story by Chris Howe) |
Slashdot, August 1, 2000 ("If you can put it on a t-shirt, it's speech") |
Wired, August 2, 2000 (by Farhad Manjoo; focuses on the DeCSS t-shirt) |
Newsday, August 6, 2000 (by Clive Thompson: Is Software Free Speech?) |
Pittsburgh Post-Gazette, August 7, 2000 (by Byron Spice; front page!) |
Salon, August 7, 2000 (by Damien Cave) |
CBS News, August 9, 2000 (story by Chris Hawke) |
Newsday, August 10, 2000 (by Rita Ciolli: "Key Witness in Internet Drama") [link expired] |
Washington Post, August 18, 2000 (by David Streitfeld; page E01) |
Pittsburgh Tribune-Review, August 21, 2000 (by Bill Zlatos) |
Linux World, August 22, 2000 (by Deborah Durham-Vichr) |
TBTF.com, August 24, 2000 (by Keith Dawson) |
Washington Post, August 25, 2000 (by Rob Pegoraro; page E01) |
The Standard, September 4, 2000 (by Keith Dawson) |
Salon, September 13, 2000 (a substantial interview, with Damien Cave) |
Slashdot, September 13, 2000 (discussion of the Salon interview) |
USA Today, September 21, 2000 (Hot Sites section) |
Wired, November 17, 2000 (article on Judge Kaplan by Declan McCullagh) |
Slashdot, February 25, 2001 (DeCSS Haiku and reply to MPA threat letter) |
Linux Today, February 27, 2001 (reply to MPA threat letter) |
Wired, March 7, 2001 (Perl descrambler, MPA letter) |
Slashdot, March 7, 2001 (Perl descrambler) |
The Register, March 8, 2001 (Perl descrambler) |
ZDNet, March 8, 2001 (by Rob Lemos: Perl descrambler) -- also carried by USA Today and MSNBC |
The Register, March 13, 3001 (tiniest known C implementation) |
The Gallery is a scholarly publication. Cite it as follows:
Touretzky, D. S. (2000) Gallery of CSS Descramblers. Available: http://www.cs.cmu.edu/~dst/DeCSS/Gallery, (access date).
For more information on citation of web sites in scholarly publications,
see here.
Last modified: Wed Mar 14 05:13:11 EST 2001