Andrew Bunner case in California
Posted Dec 22, 2003 19:48 UTC (Mon) by
ncm (subscriber, #165)
Parent article:
DVD-Jon wins new legal victory (Aftenposten)
This result bears on the Andrew Bunner trade-secret case in California. That
court found that since the trade secret was (supposedly) illegally obtained,
Andrew Bunner and several hundred "John Does" had acted improperly in posting
DeCSS, and ordered them not to post it.
At the hearing the question came up whether in fact the reverse engineering
involved was legal under Norwegian law. The judge called for opinions from
Norwegian lawyers. The plaintiff trotted out a tame lawyer who asserted
(without support of any kind) that it was not legal. The defendant's lawyer
said nothing in Norwegian law or case law supported any opinion one way or
the other. The judge took that to mean that in fact it wasn't legal.
Now that it's established that in fact it was legal, Bunner et al. should be
able to have the decision vacated. (Shame on that judge.)
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