Designed by artist John Marcotte, the flag and its colors correspond to a cryptographic key which enabled users to copy HD DVDs and Blu-ray Discs.

Marcotte was motivated to create the flag after the Motion Picture Association of America (MPAA) and the Advanced Access Content System Licensing Administrator (AACS LA) began issuing cease and desist letters to websites publishing the key 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 (commonly referred to as 09-F9).

On April 30, 2007, a blogger named "Rudd-O" published the encryption key for HD DVDs and asked readers to share it widely.

[1] Knowledge of this numeric key value allowed users to bypass digital rights management (DRM) and copy HD DVDs that previously could not be duplicated.

[1][2][3] Jay Adelson, the CEO of Digg, announced that the website would abide by the AACS' requests and self-censor articles reporting on the encryption key.

[6][7] By appending the byte "C0" to the bottom right corner of the flag, Marcotte implied that the act of publishing a number is "Crime Zero".

[11] The flag entered popular culture as Internet users chose creative ways to spread knowledge of the HD DVD encryption key.

"[13] Matthew Rimmer, senior lecturer at Australian National University, commented upon the legality of the innovative ways Internet users like Marcotte chose to publicize the secret HD DVD code: "I don't think it's necessarily designed to stay within the bounds of the law.