Supreme Court to Take Up DeCSS Case

geekee writes "CNET has posted an article claiming the US Supreme Court will take up a 1999 case involving individuals posting DeCSS on web sites based in the US. In November, the California Supreme Court had ruled that Matthew Pavlovitch could not be sued in CA since he's not a CA resident 'with no substantial contact with California'. The injunction placed before the start of the CA trial will remain in effect. The case is essentially about juristiction when attempting to prosecute a number of defendants simultaneously in order to save on legal fees."

Comments

woah woah, hold your horses there!

[smd4985]

i don't think the court has agreed to take the case just yet. it has just maintained the injunction until the court can decide IF it is going to take the case. furthermore, i'm not sure if the decision would in any way make a ruling on the DMCA.

"A response from Pavlovich's attorney, Allon Levy, is due by the end of the day on Thursday. Because O'Connor is the Supreme Court justice responsible for cases arising out of California, she has the ability to place some decisions on hold until the complete court can meet and vote to take the case or deny the petition for review."

I don't believe you can...

[MyNameIsFred]

IANAL, but it is my understanding that the arguments presented have to be directly relevant to the case. The issue appears to be whether the CA courts have juridiction. Furthermore, the defendent is NOT charged under DMCA, rather violations of trade secret laws.

IMHO, any lawyer that brings up DMCA would look like an idiot. It should be noted that only a certain select group of lawyers can be present oral arguments to the Supreme Court. I am not sure what you have to do to become qualified, but I do know that you can't hire just any lawyer.

different case

[Tom]

Remember, this is about the jurisdiction question. It has nothing to do with the case itself, i.e. the SC would not decide whether DeCSS is legal or not.

What this is about is that DVD CCA sued 77 people from two dozen US states and a dozen foreign countries, all in one fell swoop.
As one of the defendents in question, I have to say it's got nothing to do with saving legal fees. We received an e-mail notification of the pending injunction less than 48 hours before it would have been signed. If you live somewhere in europe, have less than two days and the time difference working against you, there is little chance that you can do anything about it. Even had I gotten hold of legal council first thing next morning, my lawyer would have had less than 24 hours to investigate the relevant US laws, find a California lawyer to represent me and write up a defense.

This was not at all about saving legal fees, it was all about steamrolling over as many people as you can manage to squeeze in.

(fortunately, the idiots didn't know CC from BCC, so we got a full list of everyone sued, had all of them put on a mailing list within a few hours and the twits were greeted by EFF lawyers when they tried to get their court signature. The full story is somewhere on my website).

Not really true

[epepke]

DeCSS isn't for copying, because you can copy DVDs without using DeCSS or any decryption. Just copy the pattern on the disc. Commercially available bulk copiers do just that. Hell, the large-scale means of producing DVDs are photographic.

Supreme Court

[Detritus]

It doesn't take any special qualifications to be admitted to the Bar of the Supreme Court. Get your application here. I've seen these certificates on the walls of many law offices in Washington, D.C. There are about 180,000 lawyers who are members of the Bar of the Supreme Court.