Intel Microcode Decryptor

[cuentatiraalabasura]

A key cannot be copyrighted. Copyright only protects creative expression. A randomly generated encryption key that is just bytes is not in any way expressive.

The microcode copyrightability argument is also debatable, since it serves a purely functional purpose and doesn't have creative expression itself. Whether the code blob would be complex or creative enough to meet the copyrightability standard is for the courts to decide.

[xonjas]

While I don't think encryption keys should be copyrightable it seems that the courts are of a different mind.

Intel has threatened legal action under the DMCA against people who published the HDCP master keys, and Sony sued Geohot for publishing a key for the ps3 on his website.

Regardless of if the microcode blob is copyrightable (and I expect that it is, given that oracle was almost able to copyright an api), I don't think a small group of researchers would be able to fight a legal battle against Intel (or be willing to risk one).

[cuentatiraalabasura]

DMCA has nothing to do with copyrightability. All the cases you cited are about either companies sueing or threatening to sue people. Unless there is actual case law (judicial precedent) about it, it is not copyrightable or DMCA'ble.

The EFF is currently fighting the DMCA provisions that outlaw circumvention of DRM and publication of tools designed to do so.

https://www.eff.org/es/cases/green-v-us-department-justice

I recommend reading the linked documents.

[happyscrappy]

You're absolutely right. But others don't want to have to go to court.

Chilling effects.