2600 Drops DeCSS Appeal

Slashdot Chaplain writes "At the 2600 site, you can see today's details about why 2600 is withdrawing from taking their suit to the Supreme Court." So let's recap the case: 2600 published the DeCSS utility on their website. The movie studios filed suit, and the EFF agreed to assist 2600 with their case. 2600 lost the case in District Court, receiving a tongue-lashing from Judge Kaplan, which ordered them not to post or even link to DeCSS. 2600 appealed. They lost. They attempted to have their case heard again, by the full Appeals court rather than a three-judge panel, and were rejected. And although they have the option of appealing to the Supreme Court, they are saying today that they will not: so Judge Kaplan's decision stands. The case in California is still ongoing. No doubt this will be discussed at H2K2 next week.

Comments

Re:Why you don't always go to the Supreme Court

[Jay Carlson]

As Phil Agre pointed out, Bush seems to be headed for a dispute with the Constitution itself. Bush is quoted in the Washington Post (skip to the last paragraph):

Bush said the ruling "points up the fact that we need common-sense judges who understand that our rights were derived from God. And those are the kind of judges I intend to put on the bench."

Which seems in contradiction to Article VI.3 of the US Constitution:

Clause 3:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Interesting.

As you'd expect from that, the Presidential Oath or Affirmation in Article II.1.8 is "merely"

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

with no "so help me God" or anything like that...