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On Monday, the DVD CCA may try to maintain the case should be heard behind closed doors due to the sensitive nature of its CSS encryption scheme. Kaleidescape wants a public trial.

"There's nothing secret about CSS since it was broken by a 15-year-old Norwegian in 1999. It's widely available on the Web," said Malcolm.

"The source material is more secure on our home Ethernet lines than on their disks," Malcolm quipped.