The Content
Scrambling System (“CSS”) is an encryption system for
DVD movie disks consisting of algorithms and keys.
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12/20/00 Amended
Submission of Plaintiff DVD Copy Control Assoc., Inc., Pursuant to
§ 2019(d); Complaint ¶ 30.
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The alleged
trade secrets that plaintiff DVD Copy Control Association, Inc.
(“DVD CCA”) alleges in this action were misappropriated
by defendant Andrew Bunner are the algorithms and keys used by
CSS as described in Plaintiff DVD CCA’s 12/20/00 Amended
Submission Pursuant to § 2019(d), and the Matsushita
Electrical Industrial Co., Ltd. CSS documentation included as
Exhibit A thereto.
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12/20/00 Amended
Submission of Plaintiff DVD Copy Control Assoc., Inc., Pursuant to
§ 2019(d).
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The DVD
decryption program known as DeCSS was published on the Internet
in October 1999.
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Complaint ¶
45.
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The DeCSS
computer program exists in various source code and object code
versions, including decss.exe, decss-source, and css-auth.
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Prof. Wagner
Decl. ¶¶ 8, 18; Dr. Touretzky Decl. ¶ 2.
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The DeCSS
computer program remains available in at least at hundreds of
locations on the Internet, in both source code and object code
versions.
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Prof. Wagner
Decl. ¶¶ 6-21; Dr. Touretzky Decl. ¶¶ 13-15,
18-23; Prof. Felten Decl. ¶¶ 14-15.
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The DeCSS
computer program remains available in at least more than 200
hundred locations on the Internet in source code versions.
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Prof. Wagner
Decl. ¶¶ 6-21.
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The DeCSS
computer program remains available in at least more than 160
locations on the Internet in object code versions.
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Prof. Wagner
Decl. ¶¶ 6-21.
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Other DVD
software players have been created since the creation of DeCSS
that also disclose the CSS algorithms and keys, including
Videolan, developed at the École de Paris; Ogle, developed
at Chalmers University in Sweden; and Xine.
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Prof. Wagner
Decl. ¶¶ 22-25; Dr. Touretzky Decl. ¶¶ 11,
24-25, 30.
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These other
DVD software players are available on the Internet.
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Dr. Touretzky
Decl. ¶¶ 11, 24-25, 30; Prof. Wagner Decl. ¶¶ 22 25.
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Numerous
additional programs performing the CSS descrambling function have
been created in a variety of programming languages.
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Dr. Touretzky
Decl. ¶¶ 14-15, 29.
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MIT’s
journal Technology Review and Wired Magazine have
published one of these DVD descrambling programs, and the Wall
Street Journal published one of the CSS master keys.
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Dr. Touretzky
Decl. ¶¶ 10, 29 & Exs. A, B, C.
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DVD
descrambling programs have been publicly posted on adhesive
stickers.
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Kesden Decl. ¶
8 & Ex. C.
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Dr.
Touretzky of Carnegie Mellon University maintains a “Gallery
of CSS Descramblers” web site
(http://www.cs.cmu.edu/~dst/DeCSS/Gallery) on the Internet.
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Dr. Touretzky
Decl. ¶¶ 14, 18.
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The CSS
algorithms and keys are available both at the Gallery of CSS
Descramblers and elsewhere in the form of computer source code,
narrative descriptions, mathematical descriptions, and graphical,
animated, and musical renderings.
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Dr. Touretzky
Decl. ¶¶ 13-25, 28.
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CSS and its
algorithms and keys have been the subject of research,
discussion, and teaching worldwide within the computer science
community, both academic and non-academic.
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Prof. Felten
Decl. ¶¶ 12-13, 16-21; Prof. Wagner Decl. ¶¶
28-33; Dr. Touretzky Decl. ¶¶ 26-32; Kesden Decl. ¶
4-8; Parviainen Decl. ¶¶ 1-5.
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Professor
Felten at Princeton has taught a seminar on CSS and has taught
CSS and DeCSS in his Information Security course.
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Prof. Felten
Decl. ¶ 19.
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Professor
Wagner has taught CSS in his Security in Computer Systems course
at the University of California, Berkeley.
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Prof. Wagner
Decl. ¶ 28.
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Computer
Scientist Kesden teaches CSS as part of his course on operating
systems at Carnegie Mellon University, and his course materials
describing the operation of CSS are posted in the Gallery of CSS
Descramblers.
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Kesden Decl. ¶¶
1-5 & Ex. A.
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Computer
Scientist Kesden has lectured on CSS at the University of
California, San Diego.
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Kesden Decl. ¶
7.
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MIT has held
a seminar on CSS and DeCSS.
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Dr. Touretzky
Decl. ¶ 29.
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Computer
Scientist Parviainen of Sweden’s Luleå University of
Technology teaches CSS in his Computer Security course.
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Parviainen Decl.
¶ 5.
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Computer
Scientist Parviainen of Sweden’s Luleå University of
Technology teaches CSS in his Computer Security course as an
example of how not to design an encryption system.
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Parviainen Decl.
¶ 5.
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Computer
Scientist Kesden teaches CSS in his operating systems course at
Carnegie Mellon University as an example of how not to design an
encryption system.
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Kesden Decl. ¶
5.
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Professor
Wagner has taught CSS in his Security in Computer Systems course
at the University of California, Berkeley as an example of how
not to design an encryption system.
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Prof. Wagner
Decl. ¶¶ 28-29.
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CSS
algorithms and keys are available from Harvard University and
Case Western Reserve University web sites.
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Prof. Wagner
Decl. ¶ 26.
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Cryptographer
Frank Stevenson’s technical paper describing the CSS
algorithms and keys, “Cryptanalysis of Contents Scrambling
System,” is widely known in cryptographic circles and is
available on the Internet.
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Prof. Felten
Decl. ¶¶ 17-20; Dr. Touretzky Decl. ¶¶ 11-12;
Kesden Decl. ¶ 8 & Ex. B; 1/7/00 Stevenson Decl. ¶¶
15-18.
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In his
paper, Stevenson presents a method for deriving every possible
CSS master key.
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Dr. Touretzky
Decl. ¶ 12; Kesden Decl. Ex. B.
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Stevenson in
his paper also presents a method for deriving the title keys on a
movie disc without the use of a master key.
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Dr. Touretzky
Decl. ¶ 12; Kesden Decl. Ex. B.
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There is
nothing secret about CSS and its algorithms and keys.
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Prof. Felten
Decl. ¶ 12; Prof. Wagner Decl. ¶ 27; Dr. Touretzky Decl.
¶¶ 31-32, Kesden Decl. ¶ 8; Parviainen Decl. ¶
4.
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The CSS
algorithms and keys are widely and readily available.
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Prof. Felten
Decl. ¶ 12; Prof. Wagner Decl. ¶ 27; Dr. Touretzky Decl.
¶¶ 31-32, Kesden Decl. ¶ 8; Parviainen Decl. ¶
4.
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It is DVD
CCA’s position that “Plaintiff cannot reasonably be
expected to perform this process to verify the contents of
thousands of web sites claiming to be posting Plaintiff’s
trade secrets.”
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10/3/00
Plaintiff’s Highly Confidential Supplemental Ans. & Objs.
To Def. Andrew Bunner’s First Set of Interrogs., at 4.
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DVD CCA to
date has named only 24 defendants in this action and has served
22 of them.
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10/9/01 Case
Management Conference Questionnaire of DVD CCA.
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DVD CCA has
not named and served as defendants the publishers of the 72 web
sites identified in its interrogatory answers as disclosing
information about CSS algorithms and keys.
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10/3/00
Plaintiff’s Highly Confidential Supplemental Ans. & Objs.
To Def. Andrew Bunner’s First Set of Interrogs., at 3-5;
8/10/00 Plaintiff’s Highly Confidential Ans. & Objs. To
Def. Andrew Bunner’s First Set of Interrogs., at 3; 10/9/01
Case Management Conference Questionnaire of DVD CCA; Complaint.
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DVD CCA and
its predecessors in interest have licensed CSS for use in
software DVD players for computers.
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Complaint ¶
35.
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Licensed CSS
software DVD players necessarily contain in software form the CSS
algorithms and keys.
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Prof. Felten
Decl. ¶ 22; Prof. Wagner Decl. ¶ 35.
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The
distribution of licensed CSS DVD players in software form made it
more likely that CSS would be publicly disclosed.
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Prof. Felten
Decl. ¶¶ 22-29; Prof. Wagner Decl. ¶¶ 29,
34-40.
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The weak
encryption techniques used in CSS made it more likely that the
CSS algorithms and keys would be publicly disclosed.
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Prof. Felten
Decl. ¶¶ 27-28; Prof. Wagner Decl. ¶ 29; Dr.
Touretzky Decl. ¶¶ 11-12, 26; Kesden Decl. ¶ 5;
Parviainen Decl. ¶ 5.
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Section 5.2
of the CSS Interim License Agreement provides: “(h)
Confidentiality Exceptions. The confidentiality
restrictions contained in Sections 5.2(a), (b) and (c) herein
shall not apply to information that Licensee can demonstrate: (i)
is either Confidential or Highly Confidential Information which
is or becomes generally known to the public through no breach of
Licensee’s obligations owed to [Blank] hereunder and
which [Blank] failed to remove from public availability or
to enjoin such public disclosure within ninety (90) days after
the date such information is or becomes generally known as set
forth above; . . .”
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CSS Interim
License Agreement, ¶ 5.2(h), reproduced at 1/13/00 Hoy Reply
Decl., Ex. C.
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Defendant
Andrew Bunner had nothing to do with the creation or programming
of DeCSS or any other DVD descrambling program.
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Bunner Decl. ¶
2.
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Mr. Bunner
had nothing to do with the reverse engineering or technical
analysis of CSS that preceded the creation of DeCSS.
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Bunner Decl. ¶
3.
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Mr. Bunner
was not involved in the original publication of DeCSS or any
other DVD descrambling program on the Internet.
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Bunner Decl. ¶
4.
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Mr. Bunner
first learned of DeCSS after CSS had been reverse engineered and
after DeCSS had been created and published on the Internet in
October 1999.
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Bunner Decl. ¶
5.
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After the
creation and publication on the Internet of DeCSS, Mr. Bunner
then downloaded a copy of DeCSS from an unrestricted, publicly
available web site on the Internet and placed it on his personal
web site.
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Bunner Decl. ¶
6.
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In December
1999, before being served with the summons and complaint in this
action, Mr. Bunner spoke by telephone with an attorney for DVD
CCA.
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Bunner Decl. ¶
7.
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Mr. Bunner
immediately removed DeCSS from his web site server during his
telephone conversation with DVD CCA’s attorney in December
1999, has not disclosed or distributed DeCSS since that time, and
has observed the terms of the preliminary injunction.
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Bunner Decl. ¶
7.
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