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Supremes Grant Stay in Pavlovich DVD CCA Case

Posted by chrisd on from the rights-for-sale dept.

endall writes "Sandra Day O'Connor granted a stay last week for DVD Copy Control Association so that the court could gather more information. She requested filings by later this week. I'm guessing that this delays implimentation of the California Supreme court decision on the matter."

3 of 83 comments (clear)

  1. Just location? by burgburgburg · · Score: 4, Interesting
    So let me see if I got this straight: The entire point of this stay, and the SCOTUS involvement is to decide where a case can be tried when Internet jurisdiction is involved. None of the other issues involved with DVDs are coming into play.

    So it's basically a chance for the US SC to decide whether or not they agree with the Australian SC, which seems to feel that jurisdiction is wherever anything is read, not where it is published or intended to be read.

    Or are there other issues I haven't mentioned here?

  2. No Doubt they'll ban haiku and novels next by FreeUser · · Score: 5, Interesting

    From the article on Salon: "Lawyers for the association told the Supreme Court that the stay was needed to keep Pavlovich from reposting the decryption program on the Internet."

    Too bad for them the constitution still provides a modicum of protection of my right to write, and publish if I so wish, a novel that just so happens to contain not one, but TWO encodings of DeCSS (including the inspired haiku you point out).

    The entire document is shared freely under the Creative Commons Attribution-ShareAlike License, with paper copies having already travelled throughout the world, and digital dissemination even wider.

    Cry me a river for the DVD CSS thugs ... arrogant enough to thing that US law applies to the world, that the constitution doesn't apply to them, and that their parasitical industry's interests should outweigh those of the computer and electronic industries which dwarf theirs, and the interests of the people, which dwarf all of those interests and which the government had better stop ignoring.

    --
    The Future of Human Evolution: Autonomy
  3. From the article by deblau · · Score: 4, Interesting
    New York technology analyst Richard Doherty said companies have delayed many new products, services and forms of entertainment because of the DVD industry's problems.

    ``The future of digital delivery has been on hold ever since this case first came," said Doherty, head of The Envisioneering Group. ``They need to know it's going to be protected, it's not going to be ripped off seven seconds after being put on the Internet."

    First: yes, companies have delayed products and forms of entertainment. Big deal. Companies delay products all the time for reasons that have nothing to do with tech.

    Second: If you know your movie is gonna be ripped because you released a DVD, and you don't want that, don't release the movie on DVD. Don't blame someone else for your shortsightedness. There is no law, statute, regulation, or rule in this country entitling the entertainment industry to release XXX on DVD or Britney Spears on CD -- they do it as a calculated business decision. If they choose to release it anyway, they should (and do) expect it to be copied. Yes, it's against the law, but they know it's gonna happen, and so do courts and juries. Once enough people assume copying as a God-given right (and many younger people don't even know ripping nee copyright infringement is illegal), juries will overturn regardless of the law.

    Why do they call it 'common sense', when it's so rare these days?

    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.