Info/Law

Poor DVD Jon just can’t catch a break, it seems. As readers of this blog no doubt already are aware, circumventing a digital rights management scheme (such as the CSS system that protects the content on DVDs) violates the Digital Millennium Copyright Act in the United States, as well as the EU Copyright Directive and the various national-level legislation that has been promulgated thereunder, plus the WIPO Copyright Treaty and the terms of many bilateral and multilateral agreements to which the United States is a party.

Now, it turns out, breaking DRM may violate the commands of a still higher authority. I got quite a chuckle from hearing that some enterprising Boing Boing readers had actually located some advice on copyright on the web site of Ayatollah Ali Khameini, Supreme Leader of Iran. From the Boing Boing story, here’s the definitive word:

To Break Soft-wares’ Protecting System

Q: Some of the computer soft-wares work for 15 days only and are made by foreign companies. What is the ruling of breaking the protecting system of these soft-wares to make them free and work forever or taking the ready-made broken file? Knowing that these soft-wares are useful and are so expensive in the market and one can download them from the company’s site to be tested on the computer. Moreover, when breaking the protecting system, nothing is stolen from the company or the market and by this act I will benefit many people who cannot afford the soft-wares’ price. Also, what can I do with the cracks I used? Can I just use them instead of making them?

A: As long as the soft-ware companies – be it foreign or local – have the right that nobody can use these programs by breaking their protection without their permission; it is impermissible to break the protection and use these programs without the consent of the producing company. The mere intending to benefit people by breaking or high prices and inability of most people to take advantage of these programs due to their price does not justify, according to shar‘, violating others’ legal rights. As per the crack you have used until now, you should acquire the agreement of the original company in this regard; otherwise, you are not allowed to continue with using them.

No word at the time of this writing whether this is an issue on which Sunni Muslims would hold a different view. Presumably it is only a matter of time, however, before some puckish wag launches a letter-writing campaign
urging Congress to reject Ayatollah Khameini’s view of copyright as inconsistent with our Western democratic ideals and institutions. After all, isn’t Iran part of the Axis of Evil? Surely, Senator, you’re not suggesting that we adopt the Iranian position on DRM?

[n.b.: the foregoing is written with tongue rather firmly in cheek, of course. If you'd like to know what actual Iranians think about copyright, or any other issue, the Knight-Batten Award-winning Global Voices Online is your best friend.]

Filed under: Copyright, Digital Media