DVD Lawyers Make Secret Public
by Declan McCullagh

3:05 p.m. 26.Jan.2000 PST
Lawyers representing the DVD industry got caught in an embarrassing gaffe when they filed a lawsuit and accidentally publicized the computer code they wanted to keep secret.

The DVD Copy Control Association included its "trade secret" source code in court documents, but forgot to ask the judge to seal them from public scrutiny.


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Whoops.

In a hastily arranged hearing Wednesday morning, DVD CCA lawyers asked Santa Clara Superior Court Judge William J. Elfving to correct their oversight, and he agreed to keep the document confidential.

It may be a little late. The document is dated 13 January and is widely available on the Web. The owner of one site that placed the 140KB declaration online says over 21,000 people have downloaded it so far.

The 11KB "CSSscramble" source code, part of the larger declaration of DVD CCA president John Hoy, cannot be readily compiled into a DVD viewer or copier.

But if it had not been released online last October, the DVD encryption scheme likely would not have been penetrated.

Elfving granted an injunction last Friday, ordering 21 defendants to stop posting DeCSS software -- which allows compressed video images to be copied from a DVD disc onto a hard drive -- on their Web sites.

The blunder won't help the DVD CCA attorneys in their as-yet quixotic quest to rid the Net of DeCSS. The entertainment industry frets that such programs could eventually allow widespread piracy of movies.

One California litigator who specializes in Internet and intellectual property cases says the boner won't derail the DVDCCA's lawsuit filed last month in state court.

"The fact that these lawyers inadvertently filed with the court the source code and that made it a public document does not have a [substantial impact]," says Megan E. Gray, a lawyer in the Los Angeles office of Baker and Hostetler.