LWN.net Logo

Court: DeCSS ban violated free speech (News.com)

News.com reports that a California appeals court has reversed an order barring the publication of DeCSS. "The plaintiff, the DVD Copy Control Association, had argued that Andrew Bunner violated its intellectual property rights by posting on the Internet code known as DeCSS that can be used to bypass Hollywood's encryption scheme for DVDs. Bunner's attorneys had countered that the code was no longer a secret by the time he posted it on his Web site. On Friday, California's Sixth Circuit Court of Appeals agreed, reversing a trial judge's order first issued in 1999."
(Log in to post comments)

Court: DeCSS ban violated free speech (News.com)

Posted Feb 29, 2004 5:18 UTC (Sun) by log2 (guest, #10024) [Link]

Judge Lewis Kaplan, you're next to have your ruling overturned!
<quote>
Judge Kaplan rejected every argument, point by point,
made by the defendants and firmly endorsed, point by
point, the claims of MPAA made under provisions of the
Digital Millenium Copyright Act (DMCA) for protecting
intellectual property.

A clear link was made by this federal case with the California
case by the plaintiffs and Judge Kaplan.
</quote>
-John Young to Declan McCullagh, 2000-01-20

Kaplan said "linking to" vs. "hosting" content was "a distinction
without a difference." Also Kaplan formerly counseled Time Warner. http://www.eff.org/IP/Video/DVD_Updates/20000715_dvd_update.html

Copyright © 2004, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds