The Limits of Decss Posting: A Comparison of Internet Posting of Dvd Circumvention Devices in the European Union and China

Abstract:     
This study explored differences in DeCSS posting between EU member nations, the People's Republic of China (PRC), Hong Kong, and Macau. DeCSS is a software program that circumvents DVD copy and access protection systems. The study investigated the number of Websites in each nation that posted DeCSS. The study also examined the degree to which Website authors included political speech on their Websites referring to changes in copyright law brought about by World Intellectual Property Organization Treaty requirements. It also examined whether or not Websites made reference to Free/Open Source software. Results found no DeCSS posting Websites in the PRC, Macau, Luxembourg, Spain or Portugal; and results found few DeCSS posting Websites in Hong Kong, Ireland, Italy and Greece. Results show more DeCSS posting Websites in northern EU nations, especially the Netherlands, Germany, UK and France. The paper draws on institutional theory and collective action theory to suggest explanations for the observed differences in DeCSS posting.

Number of Pages in PDF File: 16

Keywords: DeCSS, copyright, digital rights management, anti-circumvention, EUCD, open source software, intellectual property, WIPO, protest, collective action, social informatics

JEL Classification: K30, K33, K42, O34

Accepted Paper Series