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The Village Voice On The DVD Wars

Posted by Hemos on from the when-johnny-comes-marchin'-home dept.

Phantom writes: "The Village Voice has great story (here) about DeCSS, 2600.com, and the legal battle about to ensue. Looks like the MPAA may be in some trouble. " Well written piece - things have been quiet here for a while, but I think both sides have been lining up necessary support. The lawyer, Martin Garbus, is going to be defending Eric Corley aka Emmanuel Goldstein, and is a /very sharp/ cookie.

1 of 86 comments (clear)

  1. Cracking code protected as critic/parody/satire ? by redelm · · Score: 5

    Perhaps the best hope is to compare cracking code with criticism, parody or satire which are already protected. All relate some original work (CSS), and are published without the consent of the original author (MPAA) and usually in the face of his vigorous objections.

    The lawyer seems to have worked out an intriguing twist on the DeCSS case. While the DMCA is ostensibly about regulating copyright and hence well within the legitimate purview of Congress, it does have First Amendment implications. The real question will be whether the prohibition on publishing cracking code is seen as a necessary limitation on Freedom of Speech.

    Freedom of Speech is _not_ absolute. You can't falsely shout "Fire" in a crowded theatre. Nor can you slander or libel others. The issue will boil down to whether the cracking code is a separate work. We all know it is, but do Judges? They will have to be convinced, and some have shown themselves capable [Penfield].