The issue
If you’ve ever tried to get multimedia and DVD playback working in Ubuntu, you’ve probably heard about two software packages called w32codecs and libdvdcss2. Those will certainly help you get functionality, but are they legal? I’ve often seen people asking other Ubuntu Forums members if the codecs are legal, and there’s a lot of speculation without supporting documentation.

I’ve done some pretty extensive internet searching and have yet to come across any official sources of any kind (Microsoft, MPAA, court decisions, etc.) declaring these packages illegal. There is also a lot of talk about certain packages being possibly legal or illegal depending on what country you live in, but people are pretty vague, too, about what the laws are and which countries can or will enforce those laws. The general consensus seems to be that the United States is the most restrictive, but it doesn’t mean European or other countries are totally permissive.

libdvdcss2
One of the few unofficial statements on libdvdcss2 is Linux Questions’ Wiki entry on it, which currently reads:

The libdvdcss library can be used to decode encrypted DVDs on a Linux system. Most – but not all – commercially marketed DVDs are encrypted. Contrary to the FUD and popular belief, the purpose of this encryption has nothing whatsoever to do with copy protection. It was developed so that an encrypted DVD could only be played on a licensed player. Licenses are granted by The DVD Forum.

While proprietary DVD players under Windows (such as WinDVD) carry a license and come with a built-in authentication, the situation is a bit more delicate under Linux. Linspire is one linux distribution that is actually licensed by the the DVD Forum.

Libdvdcss must not be confused with DeCSS (be sure to see the wikipedia page) – these are entirely different. Whereas DeCSS uses a cracked dvd player and was alleged to have constituted a breach of the law in Norway, and was fought over in court (proceedings eventually were dropped), libdvdcss has never been the subject of legal proceedings anywhere in the world. In contrast, libdvdcss itself is a key cracking program, and simply creates and tries keys until it hits on the right one.

Googling produces little firm information about the actual legal situation concerning libdvdcss in various specific jurisdictions. Binaries can be downloaded from many locations and libdvdcss compiles by default into MPlayer. It appears at this time that much of the fuss of a few years ago has died down.

So, while there is no question that Norwegian and US courts (at least, if not other countries) have found DeCSS use to be illegal, this article seems to assert that libdvdcss2 and DeCSS are not the same thing.

However, the Synaptic Package Manager description (if you have the Medibuntu repositories enabled) for libdvdcss2 reads as follows:

Library for accessing DVDs like block device using deCSS if needed

libdvdcss is a simple library designed for accessing DVDs like a block device without having to bother about the decryption. The important features are:

  • Portability. Currently supported platforms are GNU/Linux, FreeBSD, NetBSD, OpenBSD, BSD/OS, BeOS, Windows 95/98, Windows NT/2000, MacOS X, Solaris, and HP-UX.
  • Simplicity. There are currently 7 functions in the API, and we intend to keep this number low.
  • Freedom. libdvdcss is released under the General Public License, ensuring it will stay free, and used only for free software products.
  • Just better. Unlike most similar projects, libdvdcss doesn’t require the region of your drive to be set.

    This package contains the libdvdcss2 runtime library.

    Homepage: http://www.videolan.org/libdvdcss

    This is in Medibuntu as it violates patents.

Well, as you can see from the description, libdvdcss2 will use deCSS “if needed,” and the maintainers of the package say “it violates patents.” If you follow the link the videolan.org, you can eventually find your way to its FAQ entry on libdvdcss:

Is libdvdcss legal?

The use and distribution of the libdvdcss library is controversial in a few countries such as the United States because of a law called the DMCA (Digital Millennium Copyright Act). If you are unsure about the legality of using and distributing this library in your country, please consult your lawyer.

Note

Beware: VLC media player binaries are distributed with the libdvdcss library included.

So the most VLC’s Wiki can say is that it’s “controversial.” The “consult your lawyer” remark pretty much sums it up, though. A lot of countries, including the United States, decide the legality of behavior not just in how the law is written but also in how the law is interpreted. And the courts usually do not decide how to interpret a law until a case is brought to trial. At this point, it’s probably pretty safe to say that if the MPAA (or the equivalent organization in your country of residence) wanted to go after a user for installing libdvdcss2, it’s very likely the user could be found guilty. However, as far as I know, no Linux user ever has been brought to trial for using libdvdcss2.

w32codecs
It was a lot tougher finding any information (official or unofficial) on the legality of w32codecs. The explanations I’ve heard from random Ubuntu Forums members have all seemed to indicate that the package is illegal by its very nature (I don’t understand all the technical details, but I believe they’re pretty much the exact codecs from Windows—not a reversed engineered imitation of those codecs or some alternative to those codecs) and probably illegal in every country that chooses to enforce software patent laws. But, again, I don’t have any official or even unofficial statement from a Wiki or organization on the issue. And, unlike with libdvdcss2, the w32codecs Synaptic Package Manager description doesn’t outright state the package violates patents:

Win32 codec binaries

This package contains Win32 codec binaries, required for the
decompression of video formats that have no open source alternative.

Homepage: http://www4.mplayerhq.hu/

This is in Medibuntu for its non-free license.

When I went to MPlayer’s site, though, I couldn’t find any information on w32codecs‘ legality.

The bottom line
If you’re worried about the ethical or legal implications of using libdvdcss2 or w32codecs, either don’t install them or hire a lawyer and see whether it’s prudent, in accordance with your country’s laws, for you to install them. If, however, you believe, based on what I’ve presented here, that the legality of these packages is questionable and you’re willing to take the risk of being prosecuted in the future for using these packages, go ahead and install them if you want. Otherwise, if you want to install them anyway and don’t really care about legality, then I don’t know why you’re even bothering to read this.

8 Responses to “The Legality or Illegality of w32codecs and libdvdcss2”

  1. John Dykstra Says:

    Based on how copyright works, which is that all rights not granted are not allowed to a party, win32codecs are illegal. They are copying files that Microsoft has never explicitly granted the right of people to copy. I don’t see Microsoft going and suing anyone soon, but it would be an option for the company.

  2. ubuntucat Says:

    Thanks for that, John Dykstra. I wasn’t trying to assert that w32codecs is legal, but it’s also difficult to say with 100% certainty that something is illegal unless an official statement from the offended party has been issue or a case has been brought to court.

  3. MasterHalo Says:

    Good thing that you opened that subject. I have been for a long time wondering wether it was legal or not. After some time of using linux, I began reading some stuffs on the net about licenses and so on. As you, I’m not 100% sure but I think John Dykstra is right, the windows “whatever version” (which include the w32codecs files) is a product under copyright, so I think that this apply to all the files present in windows “whatever version” exept those already under an other licence (for exemple the TCP/IP part which is under BSD licence).

  4. Linux Mint Review « UbuntuCat Says:

    [...] The regular Linux Mint includes w32codecs and other legally questionable packages. If you are unsure about (and actually care about) the legality of the default codecs in Mint, [...]

  5. Ben Atkinson Says:

    One thing I rarely if ever see mentioned in these debates, is that if a person owns a legitimate copy of M$ Windows, even if it’s an ancient Win95 disk, which has been stashed in a drawer sin 1998, then he or she owns a legitimate license to use the win32 codecs, and most likely libdvd as well, on one computer, whether that computer is running Windows or not. I personally own several dusty, cobweb covered Windows install disks, so I don’t worry about using the codecs in my Linux installations. Ben

  6. ubuntucat Says:

    Actually, I’ve heard that mentioned quite often in these debates, and it’s usually challenged.

    While what you’re saying may be arguable by a lawyer, it’s not 100% clearly legal.

    Take a look at the Windows XP Home EULA, for example:

    2.2 Windows Media Format Software Development Kit (“WMFSDK”). This EULA does not grant you any rights to use the WMFSDK components contained in the Software to develop a software application that uses Windows Media technology. If you wish to use the WMFSDK to develop such an application, visit http://msdn.microsoft.com/workshop/imedia/windowsmedia /sdk/wmsdk.asp, accept a separate license for the WMFSDK, download the appropriate WMFSDK, and install it on your system.

    4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

    13. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

  7. Alex Says:

    I live in Argentina and even pirate software from M$ was unchallenged, as Microsoft doesn’t dare to sue everyone over here because of loopholes in our laws. If you live in a third-world country when nobody cares about piracy, and less about Linux codecs, then go ahead and install them. If you live in the European Union, in the US or other first-world country, ask your lawyer.

  8. TamusRoyce Says:

    As far as I know the w32codec package runs under a system called winelib. This stand for Windows Is Not an Emulator – library.

    Or in other words, it’s an underlying set of functions which allow the execution of coff binaries and dll’s (the type of executable/libraries used by windows) with a set of libraries which wrap function calls to windows into calls which “hopefully” produce the same results on linux.

    As for it being legal to run these codec under linux using this sytem, I’m not sure. A lot of stuff produced by Microsoft uses a license which requires it to stay on an operation system licensed by Microsoft. But I’m sure that not all, if any, of these codecs are directly produced by Microsoft–and therefore not needing to use that license.

    But Linux can be licensed under a windows license. Read into Xandros Linux for more information.

    Using Crossover Wine (where winelib is from the same maker, but open source, not commercial, and as complete) + License from Windows for running Wine/Microsoft programs, then you will be absolutely able, 100% legal and licensed to run w32codecs.

    As for the DVD Decryption, breaking encryption’s are usually done by having a reference to something not allowed by law to have (A specific Key/Hash that has been leaked in this case). Then coding it and removing/denying anything about ever seeing it. How else can you defeat the “Big Red Sun” problem (where our Sun would turn into a giant red before going though each number possible at even our largest & fastest computers of today-Look into how probable for two GUID to be produced with the same exact number)

    Stick with a licensed player/DVD Copier Software. If one doesn’t exist for linux that you like, use Codeweavers Wine + Windows License for Linux and install whatever windows software you feel like, while having the linux OS below.

    But to truely determine if w32codecs are legal, look into each manufacturer of the .dll file (usually found by searching or calling the author/company of that codec that once held a patent for that codec).

    I would also assume if the codec wasn’t produced by Microsoft, that it was as closed source to them as it is to us.

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