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MPAA Files Another Injunction Against 2600

Posted by Hemos on from the more-fun-with-link dept.

A number of people have written in with the news that the MPAA [?] has filed another injunction in the DeCSS case. This time around, they've filed for an injunction against 2600 seeking to stop 2600 from linking to the DeCSS Source Code. Interestingly enough for both (and us, who are in a similar situation) a Judge recently ruled that deep linking was legal. Hopefully, this will enable a better defense.

19 of 177 comments (clear)

  1. Big difference by Danse · · Score: 3

    DeCSS is not a controlled substance, nor is it considered contraband of any sort. DeCSS was not outlawed by the court. An injunction was obtained against specific individuals and/or entities that prohibits them from distributing DeCSS. Aside from the use of the word "traffic" in the ruling, which I'm still not clear on the meaning of, it doesn't prevent them from telling people where they can go to download the software legally. The sites that are being linked to are not under the injunction and can legally distribute the software.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  2. They don't even *sell* that many DVDs by ottffssent · · Score: 3

    According to http://www.techweb.com/wire/stor y/TWB19990112S0011, just over 9 million DVDs were sold in '98, an increase of 600% over the year before.

    Presume the same increase for 1999, giving 9 million * 6 = 54 million DVDs. What does a DVD cost these days? $20? A bit more? Figure printing, packaging, and media costs, and profit's probably $20 or less. So, 54 million DVDs * $20 each is roughly $1.1 billion.

    Someone is seriously screwed up in the head if they expect anyone to believe that even though blank DVDs cost more than pre-recorded ones, somebody (a whole industry of somebodies, from the looks of it) has managed to turn a profit selling over twice as many DVDs as the entire motion picture industry, even with the help of country codes and other monopolistic advantages?

    I would certainly like to see the chain of reasoning that supports the MPAA's claim, especially starting from the same figures I've got. Further, even if this were true, the MPAA has the gall to say that this piracy is due to DeCSS, and that everyone who apparently bought two pirated DVDs would have been willing to pay full price, so the MPAA in fact lost a sale, which also is a false assumption.

    Frankly, I'd be surprised if they lost a tenth of what they claim, in all the years since DVDs have been for sale.

    --
    High-speed Road Trip (18.000KPH)
  3. Deep Linking has nothing to do with it. by mindstrm · · Score: 3

    The deep linking ruling had only to do with whether or not a website can file suit against another website for providing 'deep links' into it's content.

    ie: Some ticketing website providing 'deep links' directly to Ticketmaster.com's ordering page for the appropriate tickets.

    Ticketmaster said that this was illegal, as the other site is using their own content in an unapproved manner.
    The judge said that as long as it is clear that the user is being sent to a different site, and the information is not presented is if it were it's own, it's fine.

    Wow. Too many pronouns.. anyway...

    As for the 'free speech' argument.

    Remember, a judge can *ALSO* censor an original work if it is in question, whether it is source code or not. He can attest that the original authors of that work cannot legally publish the information contained in the work.

  4. the system isn't free by bridgette · · Score: 3
    Is it illegal to LINK to material that is deemed 'unworthy' under our laws? To use a gun metaphor (which will probably start a flame war) .. it's legal to sell a gun, or a knife, etc. in the US.. it's just illegal to use them to harm somebody else. In this case, 2600.com isn't even PROVIDING the materials.. it just tells people where they can be obtained. Can I be sued for telling you where a gunstore is?

    Probably not, because the guns in gunstores generally aren't illegal. Telling someone where to get an illegal gun, if you know or should have known that your information would lead to an illegal gun sale probably is a criminal offence. In general, the act of aiding criminal activity is criminal.

    To use an analogy from another rabid, politcal, over-the-top area of law enforcement, if Alice asks Bob where to buy cocaine and Bob tells her to go to Cathy and Cathy really is a coke dealer, then Alice has committed a crime (unless maybe if Bob was an investigative reporter or a cop and Alice was providing the information under the understanding that Bob wasn't actually looking to buy coke).

    --
    - bridgette
  5. Damages, $2.5b? maybe they should hire us. by www.sorehands.com · · Score: 3
    If the MPAA claims are true, that in short amount of time that DeCSS has been out, that they lost $2.5b in damages, they should hire us.

    If we can pirate that much in so little time, we could certainly get out movie trailers and advertising as fast.

    Why bother with TV Ads?

    One must wonder how much in damages have been generated by their and Mattel's lawyers lying or manipulating the truth.

    --
    Fight Spammers!
  6. ARRGH. by B-B · · Score: 3

    The code is not a lockpick. It is not a bus. It is not a gun or the sky or a fucking mallard duck. Listen to the lawyer earlier in this post. These stupid analogies hurt the effectivity of our case (in court and in the court of public opinion). SHIT would you just listen to yourselves..."NO the code is an egg salad sandwich, only I can put it in my shoes because they are my shoes." "WORNG IDIOT: the code is egg foo young, and you can make a kickass yarmulke (little jewish hat thing) out of egg foo young. It's not just for dinner". "OH BS: If I shoot them out of a railgun and kill a bus load of hydrocephalic Brazilian Nuns are you gonna be responsible?" "Yeah, but can you imagine a Beowolf cluster of egg foo young." STOP IT FOR CHRISSAKES.

    --
    Reality does not happen until you analyze the dots. -Don DeLillo (Underworld)
  7. Time for Slashdot to take a stand... by Anonymous Coward · · Score: 4

    The following is a list of all the mirrors from the 2600 site.

    Slashdot has long been one of the best true forums for free speech in the world. Link to this comment. Post that link on your website and everywhere. CmdrTaco archives these comments indefinitely, right? Lets see the MPAA take on Slashdot, Andover, and the ACLU (who I'm assuming would back you guys up) BTW: When I click the "Post Anonymously" button, is there any way to retrieve my IP address, or my login info? I sure as hell hope not. Big risk I'm taking here for the sake of free speech... but we gotta do what we gotta do. Right?
    ftp://ftp.u.washington.edu/public/arobs /css
    ftp://sun.rl.odessa.ua/pub/decss
    http://130.111.75.63:142
    http://216.35.100.9/ma/kdawson/deecessess
    http://24.114.168.235/public/css.htm
    http://24.15.107.67/DeCSS
    http://24.6.244.114/DeCSS
    http://2600.dk/mirrors/css
    http://334.se2600.org
    http://DVDoutrage.Tripod.com
    http://MSD.dyndns.org
    http://Winmac.tripod.com/DECSS/decss.zip
    http://alcor.concordia.ca/~sd_fort
    http://alsscan.webjump.com/DeCSS.zip
    http://alsscan.webjump.com/DeCSS.zip
    http://amergeisaphreak.netfirms.com
    http://andrewstern.freeservers.com/decss
    http://artun.ee/~rommi/css
    http://benyossef.com/freedom
    http://bigpoppa.adsl.alpha1.net/decss
    http://briefcase.yahoo.com/clcktwr
    http://briefcase.yahoo.com/klflatt
    http://budice.ancients.net/decss
    http://budsmoker.com/sites/decss
    http://bur-jud-118-039.rh.uchicago.edu/d vd
    http://cant-stop-us-all.freehosting.net
    http://chaz.fsgs.com/misc/DvD
    http://chemlab.org/~dvd
    http://cherryville.org/dvd
    http://come.to/intelex
    http://cs.unca.edu/~dillzc/decss
    http://css.choppy.com/data
    http://cssalgorithm.8m.com
    http://cybertrippin.net
    http://cymorg.bizland.com/index2.html
    http://dB.org/dvd
    http://dandruff.cs.unm.edu/~bap/DeCSS
    http://darklord.darkthrone.com/users /smith/dvd
    http://darkwing.uoregon.edu/~homeyd/DVD
    http://dbzauctions.tripod.com/decss.zip
    http://dcwi.com/~wench/decss
    http://debian.mps.krakow.pl/mirror/css
    http://decss.8m.com
    http://decss.cx
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    http://decss_files.tripod.com
    http://decssmirror.homestead.com
    http://deelbeson.detour.net
    http://dephile.hypermart.net
    http://dephile.hypermart.net/dvdinfo.html
    http://developer.dnepr.net/dvdcss
    http://dialug.org/html/decss.html
    http://dirtass.beyatch.net
    http://dlsf.org
    http://dogh ousepages.lycos.com/collecting/midnightrider/DVDEn crypt.html
    http://donotsueme.freeservers.com
    http://donotsueme.homepage.com
    http://dosdemon.yi.org/decss
    http://dsl129.drizzle.com:2001/downloa ds/DVD
    http://dvd.coolpeople.dhs.org
    http://dvd.k4dwi.net/dvd
    http://dvd.loathe.com
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    http://dvdcrack.homepage.com
    http://dvdcss.newmail.ru
    http://earendel.gt.ed.net/dvd
    http://ebmedia.net/dvd
    http://elknews.netpedia.net/dvd
    http://fairuse.freeservers.com
    http://freedecss.50megs.com
    http://freemymind.homepage.com
    http://freeshell.org/~simm
    http://friko6.onet.pl/war/mkochano
    http://ftp.yodanet.schwaebischhall. de/pub/DeCSS
    http://ftso.org/decss
    http://geocities.com/donquix0te
    http://geocities.com/dontquit222
    http://go.to/decss
    http://go.to/nairos_dvd
    http://hammer.prohosting.com/~deepbleu
    http://heavymusic.8m.com
    http://heky.org/dc
    http://home.att.net/ ~phreakonaleash/ccs_mirror--screw_the_feds
    http://home.clara.net/bangor/DeCSS
    http://home.cyberarmy.com/drj/DeCSS
    http://home.cyberarmy.com/enac/dvden crypt.html
    http://home.earthlink.net/~kaos_inc
    http://home.earthlink.net/~rocketrob
    http://home.earthlink.net/~snagnbytz
    http://home.monet.no/~christel/dvd.html
    http://home.onestop.net/lakitu/mirror
    http://home.pacbell.net/pfconces
    http://home.postnet.com/~wsl3/DeCSS
    http://home.primus.com.au/ratzmilk
    http://home.rmci.net/bert/dvd
    http://home.rmci.net/bert/fuckthelawyers
    http://home.sol.no/~craphead/DVD
    http://home.worldonline.dk/~loadfree/CSS
    http://homepage.dtn.ntl.com/paul.chan
    http://homepage.interacces s.com/~mycroft/decss/DeCSS.zip
    http://homepages.go.com/homepages /4/0/3/403_error
    http://homepages.ihug.co.nz/~cbunton
    http://imezok.tripod.com/Untitled.txt
    http://imprint.uwaterloo.ca/dvd
    http://inferno.tusculum.edu/~neil/decss
    http://internettrash.com/users/linuxdvd
    http://intfreedom.homepage.com
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    http://isupport2600.8m.com
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    http://kesagatame.tripod.com
    http://kevins.ne.mediaone.net/~kevins/dvd
    http://killer.radom.net/~shoggoth/dvd.ht ml
    http://leeroy.webjump.com/DeCSS.zip
    http://linux.uci.agh.edu.pl/~outlaw/ decss.html
    http://logical-solutions.com.au/DeCSS.zip
    http://loogham.2y.net/decss
    http://magic.hurrah.com/~fireball/dvd
    http://mail.sirak.org
    http://matt.frogspace.net/css
    http://members.aol.com/_ht_a/jwhite80 55/DeCSS
    http://members.home.net/dgweb
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    http://members.tripod.com/ny2600
    http://members.tripod.com/r-sobin/dvd
    http://members.tripod.com/~Denney/DeCSS
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    http://members.xoom.com/s_o_sam/help.html
    http://members1.chello.nl/~o.seibert/DeC SS
    http://merlinjim.freeservers.com/dvd
    http://mikedotd.penguinpowered.com/deccs
    http://mikedotd.penguinpowered.com/decss
    http://mikepark.org
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    http://natara.freeservers.com/decss/ decss.html
    http://ndez.bizland.com/css-auth
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    http://people.mn.mediaone.net/bojay/sl ashdot
    http://people.mn.mediaone.net/si mulacrum/decss.htm
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    http://ts1.online.fr/dvd
    http://underground.pl/dvd
    http://users.1st.net/roundhere/decss
    http://users.1st.net/roundhere/decss /index.htm
    http://users.bigpond.net.au/nf/dvd
    http://users.pandora.be/glenn.plas/dvd
    http://vandenborre.org
    http://vedaa.tripod.com/decss.html
    http://w1.1634.telia.com/~u163400190 /DeCSS.zip
    http://wakeupthe.net/dvd
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    http://website.lineone.net/~kellypink/D eCSS
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    http://wildsurge.a2000.nu/decss
    http://wiw.org/~drz/css
    http://wusn-members.xoom.com/ambisagrus
    http://www.19f.org/dvd.html
    http://www.2600.org.au/dvd.html
    http://www.UnderTheStairs.com
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    http://www.agybby.com/dvd
    http://www.algonet.se/~skeleton/other.ht ml
    http://www.alltel.net/~ledwards/css.htm
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    http://www.angelfire.com/electronic/drug me
    http://www.angelfire.com/ga3/acidlocke
    http://www.angelfire.com/hiphop/rawkus
    http://www.angelfire.com/in/sight
    http://www.angelfire.com/mb/DVDoutrage
    http://www.angelfire.com/movies/DeCss
    http://www.angelfire.com/movies/dvdiss
    http://www.angelfire.com/movies/mpaasucks
    http://www.angelfire.com/nh/panzah
    http://www.angelfire.com/nh/panzah/DeC SS.zip
    http://www.angelfire.com/ny3/ny2600
    http://www.angelfire.com/or2/buzzkill
    http://www.angelfire.com/pe/sh3/deccs
    http://www.angelfire.com/pokemon/decss
    http://www.angelfire.com/punk/DeCSS/DeCSS
    http://www.angelfire.com/punk/freedom
    http://www.angelfire.com/scifi/dblagbro
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    http://www.angelfire.com/tx3/winger s/decss.html
    http://www.angelfire.com/vt/bigbrother
    http://www.angelfire .com/wa2/phederalphelony/breakingnews.html
    http://www.angelfire.com/wy/leggosfun /dvd.htm
    http://www.angelfire.com/yt/mpaasucks
    http://www.angelfire.com/zine/DeCSS
    http://www.artnotart.com/anne/decss.html
    http://www.asleep.net/dvd
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    http://www.auntfloyd.com/DeCSS
    http://www.auracom.com/~rhomac/dvd
    http://www.azillionmonkeys.c om/qed/recess_for_css.html
    http://www.best.com/~drumz/decss
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    http://www.capital.net/~mazzic
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    http://www.chello.nl/~f.vanwaveren
    http://www.cognitronics-tech.com
    http://www.conspiracynow.com/theories/d ecss
    http://www.constant.demon.co.uk
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    http://www.corecomm.net/~davebb/css-auth
    http://www.corova.com/dvd
    http://www.cpinternet.com/~jhanson
    http://www.crosswinds.net/oakland/~ahrendt/Lawyers _are_scu m-sucking_pigs [...]
    http://www.crosswinds.net/~dvdcrack
    http://www.cs.cmu.edu/~dst/DeCSS
    http://www.cs.tu-berlin.de/~feise/DeCSS
    http://www.csd.net/~cgadd/dvd.htm
    http://www.csl.mtu.edu/~pdl athro/filez/DeCSS/DeCSS.html
    http://www.ct2600.org/2600-DVD.html
    http://www.cybertrippin.net
    http://www.cyperspace.org/~multicom
    http://www.darkkingz.com/DeCSS.zip
    http://www.december.ndo.co.uk
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    http://www.dgw3.com/dvd
    http://www.discountwebhost.com/decss
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    http://www.firstlight.net/~clarka/decss
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    http://www.fortunecit y.com/skyscraper/motorola/1415/decss.htm
    http://www.fortunecity.com/vic torian/parkwood/95/DVD
    http://www.frankw.net/decss
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    http://www.fsp.com
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    http://www.geekbits.com/decss
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    http://www.geocities.com/Ongakka/rebel. html
    http://www.geocities.com/Pipeline /Curb/1232/DeCSS
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    http://www.geocities.com/SiliconV alley/Modem/4192
    http://www.geocities .com/SiliconValley/Ridge/3727/2600/dvd.htm
    http://www.geocities.com/Silic onValley/Software/3971
    http://www.geocities.com/Silic onValley/Software/8762
    http://www.geocities.com/SoHo/5258/de css.html
    http://www.geocities.com/SoHo/Exhi bit/5771/decss
    http://www.geocities.com /SunsetStrip/Towers/1379/DeCSS.zip
    http://www.geocities.com/ SunsetStrip/Underground/3587/dvd
    http://www.geocities.com/Ti mesSquare/Dome/4021/dvd.html
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    http://www.geocities.com/dba3297
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    http://www.geocities.com/decss_mirror
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    http://www.geocities.com/ma dasian2000/decss_mirror.html
    http://www.geocities.com/mastaflame
    http://www.geocities.com/mavic007/decss .zip
    http://www.geocities.com/meluchwj
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    http://www.glue.umd.edu/~castongj
    http://www.hackunlimited.com/dvd
    http://www.hakor.com/DVD
    http://www.hellnet.org.uk/decss.htm
    http://www.hobbiton.org/~tpm
    http://www.hote.qc.ca/dvd
    http://www.hotsoupmedia.com/decss
    http://www.idrive.com/decss/web
    http://www.iinet.net.au/~matlhdam/DeCSS
    http://www.illiterate.net/DeCSS.zip
    http://www.image.dk/~mbp
    http://www.imsoelite.com/dvd
    http://www.infa.abo.fi/~raine/pub/ software/DeCSS
    http://www.ironbrick.com/decss
    http://www.ismokecrack.com
    http://www.jabberwocky.eyep.net/decss.ht ml
    http://www.k4dwi.net/dvd
    http://www.kentroad.demon.co.uk/decss
    http://www.kiss.uni-lj.si/~k4ef1890/css
    http://www.kki.net.pl/~rsr66/css
    http://www.koek.net/dvd
    http://www.krackdown.com/decss
    http://www.lemuria.org/DeCSS
    http://www.lifesolo.com/bin
    http://www.linuxnerd.net/decss
    http://www.linuxstart.com/~kv ance/projects/decss.html
    http://www.linuxstart.com/~sys_admin
    http://www.lockpicking.nl/decss
    http://www.mafkees.com/dvd
    http://www.mayday2000.org.uk/decss.htm
    http://www.members.tripod.com/dkdecss
    http://www.mindspring.com/~coueys
    http://www.mindspring.com/~stonethrower
    http://www.multimania.com/sxpert/decss
    http://www.mykle.com/DVD
    http://www.myshed.net/dvd
    http://www.nacs.net/~vodak/dvd
    http://www.netby.net/Oest/Hva lfiskegade/jana/css.html
    http://www.netspace.net.au/~gromit
    http://www.networksplus.net/blogg
    http://www.neurosis.org/dvd
    http://www.nsnva.pvt.k12.va.us/~abc
    http://www.ntsmedia.com/decss
    http://www.nvhs.nl/decss
    http://www.nwu.edu/people/ldb/decss.html
    http://www.oblivion.net/~amar/css
    http ://www.oksanen.net/ville/this_is/under/Finnish/jur isdiction/otherstuff.htm
    http://www.olen.net/deCSS
    http://www.oz.net/~tvaughan
    http://www.pages.drexel.edu/~jer24
    http://www.penismightier.com/weisha upt/dvd.html
    http://www.pepper-land.net
    http://www.philter.com/DVD
    http://www.pippy.itgo.com
    http://www.posexperts.com.pl/people /wrobell/css
    http://www.projectbullshit.com/decss.html
    http://www.projectgamma.com/deccs
    http://www.qix.net/~pheonix/decss.html
    http://www.ratol.fi/~asiipola
    http://www.reapers.org
    http://www.redgnatt.homestead.com
    http://www.redrival.com/chimx/computer s.html
    http://www.robotslave.net
    http://www.rpi.edu/~jettea/dvd.html
    http://www.rz.uni-frankfurt.de/~marsie
    http://www.scwc.net/DeCSS
    http://www.sealteamsix.com/phagan
    http://www.sent.freeserve.co.uk/css -auth.tar.gz
    http://www.sk3tch.com/freedecss
    http://www.smackfu.com/decss
    http://www.spin.ch/~rca/decss
    http://www.stanford.edu/~drumz/decss
    http://www.stupendous.org
    http://www.subcor.com
    http://www.subnetsystems.com/decss/dec ss.zip
    http://www.swcp.com/~ampere
    http://www.tar.hu/decss
    http://www.teamnismo.com/2600
    http://www.underwhelm.org/decss
    http://www.users.bigpond.net.au/ree ds/decss.zip
    http://www.users.on.net/johnm/DeCSS
    http://www.uwm.edu/~zachkarp
    http://www.vent-soft.com/dvd
    http://www.vexed.net/CSS
    http://www.visi.com/~adept/liberty
    http://www.vulgar.net/dvd
    http://www.warren-wilson.edu/~echerry/dvd
    http://www.webnx.com/tuna
    http://www.webzsite.com/decss
    http://www.wizardworkshop.com
    http://www.wolfpaw.net/~decss
    http://www.worldcity.nl/~frank/dvd
    http://www.wwcn.org/~grit/free
    http://www.xs4all.nl/~oracle/dvd
    http://www.xs4all.nl/~rasch/dvd
    http://www.zeal.net/~pyro/DeCSS
    http://www.zip.com.au/~zzz/dvd
    http://www.zone.ee/DeCSS
    http://www3.50megs.com/dvd4free

  8. Free Speech Allows This by Silver+A · · Score: 4

    This is an obvious free speech case - telling people where something illegal can be found is protected speech. For example, if I told you that you can buy cocaine at a specific liquor store, using certain passwords, I haven't committed a crime. If you use that knowledge, you have. If I broadcast that knowledge, I've given the police a very useful tip.

    2600, by putting up a pointer to the DeCSS source, is aiding law enforcement by letting them know where this supposedly illegal product can be found. Therefore, it is not illegal, it is a public service in aid of law enforcement.

  9. That would be the death of internet as we know it. by arcade · · Score: 4

    If the MPAA get this idiocy hammered through, then it would be the death of the internet as we know it. If one can be held responsible for the contents of the links you have, or of the links links, then you can be held responsible for .. well, nearly anything.

    If the judge allows this to happen, he cannot have much knowledge about the internet. And, it would be a catastrophy. I don't know exactly what can be done, except for a huge demonstration on the day the ruling is. And then I mean HUGE. This needs to get media attention.


    --
    "Rune Kristian Viken" - arcade@kvine-nospam.sdal.com - arcade@efnet

    --
    "Rune Kristian Viken" - http://www.nwo.no - arca
  10. That is essentially what 2600 says it will do by GMontag · · Score: 4

    Check the Spring 2000 edition of 2600, Emmanuel wrote that they will be doing something similar to what you are saying if they keep getting muzzled, down to publishing it in paragraph form (I think, copy of mag not here at my desk, but I remember the editorial).

    --
    Eve Fairbanks says I drive a hybrid!LOL
  11. linking liabilities and Wired waffling by TMB · · Score: 4

    First, anyone notice that the Wired article acts as though LinDVD is already available, as opposed to vapourware? You and I know differently, but this adds to the innacurate "Linux DVD players already exist, so those DeCSS defenders must be pirates" line that the MPAA PR department's been doing a good job of pushing lately.

    Secondly, I really hope the court gets a clue and doesn't grant the injunction. It has to be made clear by the defense that making a site responsible for linked-to content would make:

    1. All search engines illegal
    2. All compiled indices (eg. Yahoo) illegal
    3. Any bulletin-board-esque site which allows posters to post links (eg. Slashdot) very vulnerable to spurious lawsuits
    4. Hell, any site that links to any other site (ie. virtually any site on the web) very vulnerable to spurious lawsuits
    You might be able to argue that (1) and (3) don't count because the site authors don't exercise any editorial control over the links, but (2) and (4) are pretty analagous to what 2600 is doing.

    [TMB]

  12. I'd be interested to know... by adric · · Score: 4

    how they came up with the figure of $2.5 billion per year in damages caused by "pirated" DVDs. It sounds like they're trying to imply that it's all due to DeCSS, and I don't buy that story at all.
    ---

    --
    not plane, nor bird, nor even frog...
  13. If 2600 loses this one . . . by blicero · · Score: 4

    Then 2600 could post a list of sites that provide lists of sites that distribute the source code.
    If this is found improper as well, then they could post a list of sites that provide lists of sites that provide lists of sites that distribute the source code. And so on.

    As soon as 2600 was ordered to stop linking to lists of lists, then that would mean that any site linking to 2600 now (for example, Yahoo! or Slashdot) would also be in violation of the law.

  14. This should be a walk-over... by jd · · Score: 5
    IF the legal team don't mangle it, again, by trying to justify DeCSS by saying it breaks weak encryption.

    If that's the best they can do, feed 'em to the hamsters.

    Precidents are ALWAYS very important, in a case like this. Far more so than actual logic, so by bringing up as many precidents on as many legal points as possible, you should be able to walk it.

    Precidents that could be used:

    • Microsoft vs Apple. Conclusion: Interfaces cannot be protected.
    • Source Code. Conclusion: Source Code is protected by the 1st Ammendment.
    • Deep Linking. Conclusion: A link is not the content.
    • US vs. Microsoft. Conclusion: Intmidation to maintain absolute control is an illegal monopoly, in violation of anti-trust laws.
    • RIAA vs. Rio. Conclusion: The ability to play back is NOT proof of the ability to record.

    Between these legal decisions, I am -certain- that 2600's legal team could absolutely fry the MPAA's challange, and set a precident wrt the DeCSS code which could shatter the existing lawsuits.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  15. But this isn't 'deep linking'.. by at-b · · Score: 5



    *sigh*

    Ok, let's go over this again, redundant as it may be. (*duck*)

    It is legal for any one individual or corporation to link to anything on the internet, whether it is immediately accessible from the originator's website or not, including frames, etc. The judge mentioned that it should be mentioned, however, that the linked-to content was not originating on the website from which the link comes. This means I can embed a frame into my homepage that shows, for instance, a movie clip that's on Apple's website. The place that is being linked to can not protest against this in any legal manner. (But there're technical ways around it)

    However, in this case, 2600.com is linking to sites that have software which was deemed illegal, yes, ILLEGAL by a court, under the Digital Millennium Copyright Act. 2600.com has been stopped, by court order, from posting the software on their site, and are circumventing it by linking to it. Whether we like it or not (and I hate it), this is just a sneaky way around a court order (i.e. providing access to material banned by said court), and the judge probably won't like it at all. This has nothing to do with deep linking - said linking referred to a person's right to link to something (perfectly legal) even if the people on whose site it is don't want that to happen.

    Unfortunately, people have been sued over linking to illegal material (MP3s mostly) before - Slashdot posted a story of the Swedish Kid who was arrested and sued over linking to MP3s on his site (an arrest initiated by the RIAA, and no, it's not the deCSS guy :)..

    Seriously, guys - this is the real test, the one we've been waiting for. Is it illegal to LINK to material that is deemed 'unworthy' under our laws? To use a gun metaphor (which will probably start a flame war) .. it's legal to sell a gun, or a knife, etc. in the US.. it's just illegal to use them to harm somebody else. In this case, 2600.com isn't even PROVIDING the materials.. it just tells people where they can be obtained. Can I be sued for telling you where a gunstore is?

    I guess this'll finally show how free the system really is.

    Alex T-B

  16. Next injunction to shut down all of Internet by Cy+Guy · · Score: 5

    Following the MPAA reasoning, and the familiar theory of six degrees of seperation, the next injunction will ask that any site on the internet that links to a site that links to a site that links to DeCSS (including any links to search engines) and any web browsers with built-in Search buttons that link such sites, must be shut down until further notice.

    It's actually just part of MPAA's master plan of getting all the current users of the Internet to start going to the movies again.

    --
    Work for Change & GET PAID!
  17. Examination of "facts" by Cramer · · Score: 5
    [Disclaimer: I'm the wrong kind of evil to be a lawyer, but I have been known to argue with a few of them.]

    1. "He is transporting individuals electronically to locations in order to facilitate the illegal copying of DVDs. His behavior is analogous to driving someone to a home so that they may burglarize the home."
    Not true. This is more closely analogous to telling someone the address of a home to which they then burglarize. URLs are very much like road-side billboards. Pointing someone to a web site containing materials they could use to break the law is no more illegal than selling someone a gun -- unless it can be proven that you are aware of their intent to break the law. It is far easier to suggest (and later prove) the links are a form of protest. AND, 2600 isn't wisking you away to someone else's web site -- you have to click the link.

    1. According to the MPAA, the pirating of DVDs poses a "serious threat" and costs the organization $2.5 billion per year.
    I really want to see the supporting logic and finacial analysis in support of such claims. DeCSS is nothing. How much does a DVD-R drive cost? a DVD-R blank? How long does it take to burn a 3.9G DVD-R? Even given the increasing consumer internet access speeds to which a surprisingly few people have access, moving a 4GB movie around is difficult. And there's no economical means to store the digital copy. (Ok, a 4GB DDS-2 [4mm] tape is under 10$) One would assume the professional crook would be a much more serious threat -- they don't care what you put on the disk; they make a near-molecular copy.

    When digital VCRs become a common thing, then there will be a problem. HDTV will force this issue. (It'd also be nice to be able to direct record from a DSS system. DishPlayer is a nice start.)

    1. McNelis said without this additional injunction the first one would be "worthless."
    I'd have to say first injuction was also worthless, but go right ahead and file away. 2600 has obeyed the first injuction -- they are not hosting, distributing, or publishing the DeCSS source code. They are, however, hosting a page where people can add links to their own content (one pressumes it to be DeCSS, but 2600 hasn't indicated any verification of any kind; I could, for example, add a link to CmdrTaco's resume *grin*) Again, 2600 is only breaking the law if they are distributing DeCSS (this would be in violation of the prior restraining order.) They would be an accessory to a crime if they they had foreknowledge of one's illegal use of DeCSS downloaded by following the link(s) on 2600. But then, so would the site from which the DeCSS program was actually downloaded.

    1. "We are hopeful that consistent with the court's earlier ruling, the activities of the defendant constitute trafficking and the illegal act and the court will stop him from doing it," said Litvack.
    That certainly is a liberal definition of "trafficking"... Last time I checked, we still had the right to peaceful protest.

    It's illegal to manufacture cocaine. It's illegal to sell cocaine. It's illegal to posses cocaine. But it's perfectly legal for me to tell you where you can go (and/or who to see) to buy some cocaine. The police may harass you, but you cannot be arested and jailed for merely knowing where to obtain cocaine.
  18. Exactly how far has this gone? by Freedent · · Score: 5
    Ok, so first it's illegal to pirate media, this makes sense. Then, it's illegal to break copyright protection measures, because this might be used to pirate DVDs (the logic used by the MPAA, even though it does't make sense). Then they sue people for even having the tools to be able to break the copyright "protection". Now, they're suing 2600 for pointing people to where the tools are for breaking the copyright "protection"?

    This is insane! This is analogous to me getting thrown in jail for telling someone where my neighbor keeps his crowbar, because they might go borrow it and use it to commit a crime!

    The MPAA has lost it's mind. Is it just a case of too many lawyers trying to manufacturer a need for their services, or are the media execs really that power and money hungry?

  19. Power is suggestive. by roman_mir · · Score: 5

    Our contemporary thinker and philosopher, Michel Foucault suggested that the theories generated by theorists and supported by power mold an individual and alter his/her behavior accordingly.
    So, for example when Sigmund Freud came out with his theories on sexuality, the power started promoting these theories. It promoted, boosted, intensified, magnified and tried to keep our attention to the subject so constant, that we started to believe in these theories.

    Such theories are suggestive and they are prescription to actions and views. so for example constant discourse about sexuality on Oprah is the same promotion as constant advertisements of potatoe chips. When people are constantly reminded of food, they become hungry. When people are constantly reminded of sex, they become horny.

    In case of DeCSS, power constantly reminds us about this case. In fact by not keeping quite, RIAA promoted, intensified, and constantly reminded us about the case. I believe that they hurt themselves by doing this and should they have kept quite, much fewer people would have concentrated their attention on the subject. By displacing attention, the subject would have stayed (as it was intended) for a much fewer spectators.

    NICE GOING, RIAA
    May be those people never read Freud and Foucault.

    --
    You can't handle the truth.