If you are making DVD's, you're probably breaking at least one law.

Exerpt of a meeting between an Intel Exec (Whiteside) and Senate staffers that highlights how pernicious the Digit Millineum Copyright Act (DCMA)is. It makes criminals of us all.

Darknet: Story: The tech exec who broke federal law (and why the law is broken): "Whiteside explained how the homemade DVD came to be. His nine-year-old son Timmy played on a Pop Warner team called the Typhoons, and Whiteside spent the better part of a football season capturing images of the action with his digital camcorder. At long last Whiteside culled together the highlights, imported them into his PC, and began creating his digital masterpiece.

“I used a program to copy a few seconds from the DVD of the movie Rudy,” he said. “It’s the scene showing the final game of the Notre Dame season with Rudy’s family in the stands cheering wildly when he got to play. I then spliced in some snippets of pro players doing a touchdown dance from NFL Films, and I overlaid it with audio from ‘Who Let the Dogs Out?’

'I stitched this all together with video of my son, and it turned out to be the piece of home video that gets watched the most in our house. When relatives or members of the football team come over, we pop it in and we just laugh. The added scenes and music really bring it all to life.”

There was just one problem. “It turns out to do this, I violated the DMCA. I used the DeCSS program to circumvent the encryption and access the movie clips on the DVD that I own,” Whiteside told the aides. “The end product is a DVD that I don’t sell or distribute but is considered a derivative work under copyright law.”

To their credit, none of the congressional aides flipped open their cell phones to call the attorney general. (When I described Whiteside’s home movie to Jack Valenti, he said, “He’s committing a violation of federal law.”)

DeCSS, software devised largely by fifteen-year-old Norwegian Jon Lech Johansen in 1999 to circumvent the digital locks on a DVD, has been widely popular since it first appeared on the Net. (He wrote the code so he could play a DVD movie on his Linux computer. Johansen tells me his original DeCSS code may have been downloaded a million times over the years, and related ripper programs millions more.)

Authorities have brandished the Digital Millennium Copyright Act as a club, threatening to use it against anyone who uses, distributes, or even links to a program like DeCSS. First-time offenders are subject to civil fines of up to $2,500, with penalties of up to five years in prison and a $500,000 fine if the violation was willful and for profit. Whiteside said he didn’t know he was violating the law at the time and hasn’t done it since.

The point of his demonstration, Whiteside said, was not a mea culpa, but a real-world example of how Washington’s penchant for legislative solutions can hobble a new, flowering marketplace of innovation.

“This is precisely the kind of exciting consumer creativity that should be enabled,” he said. “I don’t claim to have all the answers. Should I have to go clear rights to use ten seconds from Rudy in my son’s video, or does it fall under fair use? Should I have to pay pennies for every second of a snippet? I don’t know. But I do know that we have to figure out a way for consumers to do something creative without breaking the law."