BackupHDDVD has caused a tremendous stir in Hollywood. BackupHDDVD, created by Muslix64, is a repeat of optical disk history, as it conjures memories of DeCSS. DeCSS is the circumvention tool created partly by Jon Lech Johansen, which defeated the Digital Rights Management on DVDs.

Since HD DVD's protection is not being decrypted, there's been some debate whether simply re-implementing AACS in an alternative manner, as outlined in the AACS guide, is a violation of the DMCA (Digital Millennium Copyright Act). Nevertheless, it was reported last week that SourceForge.net, who hosted the open source program, removed it per a DMCA notice.

There are some interesting pieces of information stemming from this news that were a bit unclear. It's been mistakenly reported that the MPAA (Motion Picture Association of America) was the organization that sent the notice. However, this is not the case. Instead, it was the AACS LA organization. Additionally, since SourceForge.net is considered an ISP under the DMCA, they are protected by the safe harbor provisions and are only required to remove the allegedly infringing material.

"To be a bit more precise, Advanced Access Content System Licensing Administrator, LLC (AACS LA) sent us a *notice* in substantial conformity with the notice and take-down procedures contained in the DMCA (the "Notice")," Jay Seirmarco, VP & General Counsel of VA Software Corporation, told Slyck.com. VA Software is the parent company of SourceForge.

Additionally, many wonder if the project will return to SourceForge.net. It could in some iteration; however, before such a venture could be entertained, the developers of BackupHDDVD must submit a counter-notification to SourceForge. Pursuant to the counter-notification, the project would then be restored.

However, the likelihood of a fully restored BackupHDDVD program on SourceForge is marginal at best. Muslix64, the original creator of this program, has been extremely private, and has stated that he will remain in the shadows until things settle a bit. That, coupled with the fact that a DMCA counter-notification requires the programmer's "...name, address, and telephone number, and a statement that they consent to the jurisdiction of Federal District Court...", makes restoration on an alternative location much more likely.

Indeed, according to Jay Seirmarco, SourceForge has yet to hear a word from the developers of BackupHDDVD. When asked what recourse SourceForge will take, Jay responded, "We do not know whether the Project will provide a counter-notification under the DMCA. We have not received one to date."

This story is filed in these Slyck News categories
Unauthorized Distribution :: Digital Piracy

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