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A Brief Reflection on Software Copyright and Intellectual Freedom
by Jon Zemanek
Recently, a landmark court case in Oslo made global headlines. “DVD Jon” Johansen, a 19 year old from Norway, beat both Hollywood and copyright laws. In 1999, Johansen developed DeCSS (De Contents Scramble System), a software program that decrypts the secret code put onto all DVDs to prevent illegal duplication.
Several large film studios filed charges against Johansen, citing that his program enabled pirates to copy and distribute bootleg copies of DVDs, undermining their profits. The Norwegian court, however, favored Johansen. He argued that he created DeCSS simply so he could view DVDs on his computer. His computer, powered by Linux instead of Windows, could not play the movies because no software existed to decipher the complex codes used on the DVDs to protect them. The court acquitted him of all charges on the basis that he legally purchased the DVDs and had the freedom to view them in any way he liked, citing laws that protect the consumer’s fair use of their own property.
This case got me thinking. Being a computer enthusiast by choice, I have purchased a large amount of software in recent years. Currently, copyright laws state that software that I purchased can only be installed on one computer. I primarily use two computers, a desktop at home and a laptop at work. If I want to have the same software available on each machine, should I have to pay for it twice? Could the same rules of fair use be applied to software as it is applied to movies? After all, I did legally purchase the software, shouldn’t I be able to use it on any computer I use?
These questions bring up another issue: what is the legality of a common end-user license agreement (EULA)? An end-user agreement is a written agreement between consumer and software makers pledging a consumer to follow rules of use of copyrighted software. The Johansen case brings up a challenge to end-user agreement and leads us to yet another question: where do we draw the line between protecting software copyrights and infringing on the fair use and rights of consumers?
Consider discussing these topics with your students. These issues are applicable in many different subject areas including civics, computer science and social studies. Such discussions and their applications are also solid steps to implementing character education and issues of ethical fitness into your classroom.
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