Re:Interoperability is protected by DMCA (Score 1)

DMCA: 1201(a)(3)(A) to `circumvent a technological measure' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and...

In the case where the author (i.e. copyright owner) is not the same person who designed the encryption scheme, it would be much harder to argue that NO decryption by others is authorized. Why, I can imagine where a CEO DRMs all his files then gets hit by a bus. Under his contract the company owns the copyrights in all his work, but now they can't access it! Guess what, they can authorize someone to break Microsoft's encryption (which I take as a given is not only possible, but relatively easy).

Now, that program leaks onto the net. Can Microsoft sue? I don't think so, the program has a legitimate non-infringing use (just like a VCR). In fact, I don't understand why this wasn't argued against the MPAA in the DeCSS case. Presumably, when you purchase a DVD, you also purchase the right to ACCESS the content on that DVD (at least to watch it!). So, the manufacturer has impliedly given you permission to de-encrypt the DVD to watch it, and unless that authority is limited to authorized DVD players (which I have never seen printed on a DVD package) then DeCSS just lets you do what the MPAA has impliedly given you authority to do, namely access the disc! I'm sure someone will let me know if I'm wrong...