Common use of DATA PATHS Clause in Contracts

DATA PATHS. Decrypted DT Data shall not be available on outputs other than those specified in the Compliance Rules. Within a Licensed Product that includes Sink Functions, Decrypted Type 2 Audio DT Data, Decrypted Type 3 Audio DT Data, and the video portion of Decrypted DT Data, shall not be present on any user-accessible buses in analog or unencrypted, compressed form. 2.1 A “user accessible bus” means (a) an internal analog connector that: (i) is designed and incorporated for the purpose of permitting end user upgrades or access or (ii) otherwise readily facilitates end user access or (b) a data bus that is designed for end user upgrades or access, such as an implementation of a smartcard, PCMCIA, Cardbus, or PCI that has standard sockets or otherwise readily facilitates end user access. A “user accessible bus” does not include memory buses, CPU buses, or similar portions of a device’s internal architecture that do not permit access to content in a form useable by end users. Clause 2.1(a) should be interpreted and applied so as to allow Adopter to design and manufacture its products to incorporate means, such as test points, used by Adopter or professionals to analyze or repair products; but not to provide a pretext for inducing consumers to obtain ready and unobstructed access to internal analog connectors. Without limiting the foregoing, with respect to clause 2.1(a), an internal analog connector shall be presumed to not “readily facilitate end user access” if (i) such connector and the video signal formats or levels of signals provided to such connector, are of a type not generally compatible with the accessible connections on consumer products, (ii) such access would create a risk of product damage, or (iii) such access would result in physical evidence that such access had occurred and would void any product warranty. 2.2 Licensed Products that use Common Device Keys or are manufactured after December 31, 2006, shall be clearly designed such that when the video portion of uncompressed, Decrypted DT Data with a resolution greater than a Constrained Image is transmitted over a User Accessible Bus, such Decrypted DT Data are reasonably secure from unauthorized interception by using either Widely Available Tools or Specialized Tools, except with difficulty, other than Circumvention Devices. The level of difficulty applicable to Widely Available Tools is such that a typical consumer should not be able to use Widely Available Tools, with or without instructions, to intercept such Decrypted DT Data without risk of serious damage to the product or personal injury. Without limiting the foregoing, if Adopter at any time (the “Applicable Date”) distributes a Licensed Product that uses a Common Device Key and that is capable of protecting uncompressed Decrypted DT Data over a User Accessible Bus as set forth in this Section 2.2, Adopter shall at such time and thereafter cause, to the extent technically feasible and commercially reasonable, all first activations of the DTCP functions of units or copies of all versions of such Licensed Product to protect uncompressed Decrypted DT Data over a User Accessible Bus as set forth in this Section 2.2. In the event that Adopter reasonably concludes that a software application contains or consists of a copy of such Licensed Product whose DTCP functions were activated prior to the Applicable Date on a particular device and subsequently re-installed on the same device, the activation or re-activation of the DTCP functions of such re- installed copy shall not be deemed to be a “first activation” for purposes of this Section 2.2 If a software application containing or consisting of a copy of such Licensed Product whose DTCP functions were first activated on a particular device is installed and activated via an Update on a different device, such activation of the DTCP functions of such copy installed on the different device shall be deemed to be a “first activation” for purposes of this Section 2.2, subject to the reasonableness standard of the preceding sentence. 2.3 Adopter is alerted that these Robustness Rules may be revised in the future, upon notification by DTLA, to require that, when DTLA deems that it is technically feasible and commercially reasonable to do so, Licensed Products be clearly designed such that when uncompressed, Decrypted DT Data other than such data described in Section 2.2 of these Robustness Rules are transmitted over a User Accessible Bus, such Decrypted DT Data are made reasonably secure from unauthorized interception by use of means that can be defeated neither by using Widely Available Tools nor by using Specialized Tools, except with difficulty, other than Circumvention Devices. The level of difficulty applicable to Widely Available Tools is such that a typical consumer should not be able to use Widely Available Tools, with or without instruction, to intercept such Decrypted DT Data without risk of serious damage to the product or personal injury. Adopter is further alerted that, when it is deemed technically feasible and reasonably practicable to do so, DTLA will revise these Robustness Rules to require that uncompressed Decrypted DT Data will be re-encrypted or otherwise protected before it is transmitted over such buses.