[mythtv-users] Odds of Linux CableCARD support?

[R. G. Newbury]

Gabe Rubin wrote:
> 
> 
> On 5/8/06, *Joe Votour* <joevph at yahoo.com <mailto:joevph at yahoo.com>> wrote:
> 
> 
>     Somebody could disassemble the binary module and
>     figure out what it does, in combination with some
>     hardware tools, but that makes it specific to the TiVo
>     CableCard reader, unless somebody else uses the same
>     chipset for PC CableCard readers (I wouldn't know).
> 
>  
> This would likely violate the DMCA as it would involve what is 
> presumably a encryption system, and one would need to decrypt it without 
> authorization.  The DMCA specifically exempts this prohibition to make 
> interoperable systems (which this no doubt would be), but the deCSS 
> defendants tried and lost with that defense.  So this is likely a 
> non-starter unless the company that runs cable labs allows for it.  In 
> other words, not happening.

I am not an IP lawyer, but I try understand what is going on where it 
will affect the things that I want to do (eg broadcase flag...even 
though I live in Ontario).

To my knowledge no case has actually determined that using the decss 
code is illegal. The New York case (Goldberg?..and Jon Johannson), as I 
understand it, never got that far as Goldberg got swatted for breach of 
an injunction prohibiting him from publishing the code. On appeal, the 
Second Circuit Court of Appeal upheld the judge's ruling (in effect, a 
contempt finding) and upheld the injunction. The logic involved in the 
latter was, IIRC, really screwy and it was clear that they had no 
conception of exactly what was going on. The First Amendment/DMCA 
argument was never reached as this was all at the preliminary stage, not 
after a full trial on the merits.

IIRC, the case was then settled on consent with the defendants agreeing 
to the injunction being made permanent. That does NOT amount to a 
judicial finding. NO judicial finding was made ON THE MERITS, if my 
memory serves me right. (I could be wrong: sometimes my memory doesn't 
serve, it can only volley).

And of course, the DMCA would not restrict a Canadian resident from 
conducting a reverse engineering exercise on that code and hardware, as 
we are not subject to the DMCA. Then the question becomes whether a 
harware card, constructed by reverse-engineering can legally be sold 
into the US. Assuming that the cable cards are not being used to pirate 
a signal, but are for a legally licenced service, I would think that 
these cards would be legal. (And that piece of advice is worth exactly 
what you have paid for it: nothing!)

Geoff



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R. Geoffrey Newbury
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