DeCSS Injunction Reversed In CA Case
kinesis writes: "For those of you following the California DeCSS case, a court of appeal just ruled in our favor, overturning the injunction imposed by a lower court. The court's opinion is available in DOC and PDF versions.
It's a great read for those who want to really understand the case. The conclusion is nicely summarized with this quote: 'In the case of a prior restraint on pure speech, the hurdle is substantially higher [than for an ordinary preliminary injunction]: publication must threaten an interest more fundamental than the First Amendment itself. Indeed, the Supreme Court has never upheld a prior restraint, even faced with the competing interest of national security or the Sixth Amendment right to a fair trial.'
" Or you can go straight to the PDF.
Or you can go straight to the DOC.
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http://slashdot.org/moderation.shtml
notice the quote:
"We express no opinion as to whether permanent injunctive relief may be obtained
after a full trial on the complaint, as that issue is not before us."
This only prevents the preliminary injunction, it does not prevent a full trial....