Andrew Bunner case in California
Posted Dec 24, 2003 6:56 UTC (Wed) by ncm
Parent article: Johansen wins round two
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 Norwegian 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. That meant that the MPAA still had a valid trade secret in
Now that it's established that in fact the reverse engineering was legal,
Bunner et al. should be able to have the decision vacated. (Shame on that
judge for his bias.) This should mean that the MPAA's trade secret
protection on CSS cannot any longer be enforced.
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