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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."
I am surprised there isn't a rogue bunch of do-gooder MPAA avocate programmers out there building a ReCSS..
You know.. to reprotect all those unprotected movies out there in the ether..
Then the MPAA could sue everyone that DOESN'T include a copy of "ReCSS" on their website
-- If at first you don't succeed, lie!
What I would like to know is how this is going to effect the consumer, because if I remember correctly, any consumer may create a copy of a movie/cd/software that they own and use that "backup" copy in order to preserve the orginal copy of the media. I remember the arguement that the MPAA had when VCRs initially came out, as well as the arguements about audio casettes as well. I don't see how making a copy of your DVDs, for your own personal use, is any different.
I can understand that they are fighting this because you can send out bootleg copies of movies on the internet, but you have to wonder, if the internet wasn't as prevelant in the USA as it is, would we even be hearing about this?
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."
smd4985
Where this case holds my interest is that the DMCA is a Federal law with country wide jurisdiction, but the CCA (and MPAA) are suing under California law and (if my non-lawyerly reading of the text is accurate) essentially applying it across state lines in a way that if allowed would essentially put a chilling effect on freedom of speech, i.e., you can say what you want as long as a corporate interest in another state can use the laws of that state to threaten you.
For my part, I really don't think that the SCOTUS (Supreme Court of the United States) will disagree with the circuit court, but this case could also act as a precedent setting case for other related issues outside the realm of the Internet that bear some deeper legal analysis.
That said, I think that a win for the sites that posted the DeCSS source code is not only a victory for free speech but a nail in the coffin of CSS. Until the MPAA comes up with their next form of encryption and we start the whole ball game over again.
...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
Seditious groups like the RIAA/MPAA are fighting a losing battle to try to back up outdated business models with legislation. Copy protection doesn't work, it's even been tried -- and later dropped -- by software companies like Lotus and Ashton-Tate during the 1980's. The role that RIAA/MPAA companies have played in the past has been as a channel for distribution. The Internet is a much more convenient distribution channel and they need to rework their business models to take that into account. DeCSS is perhaps so embarrassing for the RIAA/MPAA companies because it shows where they are falling far short of market needs -- DeCSS allows time-shifting or space-shifting, both of which are not just fully legal, but widely practiced and accepted.
Free as in market...the RIAA and MPAA are hurting the U.S. economy.
According to this article, DeCSS is for "DVD-copying". It is "software that can be used to copy DVDs". It "allows encrypted DVDs to be descrambled". It "injuriously [affects] the motion picture and computer industries in California.".
Now, all this is true (or debatable, for the last claim), but nowhere in this article does it even hint that DeCSS can be used simply to watch DVD's that you own, which (gasp!) is what I actually use it for. That's a worrying omission, and one which I hope doesn't signal a trend.
If you were blocking sigs, you wouldn't have to read this.
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.
Freedom is just a tool to make more money and keep the population under control.
- Freedom is Slavery
(Just like G.Orwell in 1984)If Freedom is a threat to profit then something must be done. This is what DMCA is about! They are trying to transform fair use into piracy, transform right into crime.
Try to figure this. If you have a TV then you can share it with your neighbor, and he can come to your home and watch some TV. If we follow RIAA/MPAA steps to the extreme we'll have a near future where sharing your TV with your neighbor will be piracy. (reality check: Finnish Taxi Drivers Must Pay Music Royalties)
So the point here is not about what is right and what is legal. It's about what is profitable and what is not.
-=-=-=-=
I know life isn't fair, but why can't it ever be un-fair in MY favor!?
This is not a DeCSS case. This is a jurisdiction case. It is definitely news for nerds and stuff that matters, since internet jurisdiction is a really big deal. I doubt there will be much or any discussion of the DMCA in this case. Probably a good thing too, because you generally want your test case to be completely beyond reproach. Not that I think that Pavlovich did anything wrong, but something more along the lines of Felton's SDMI paper would be more attractive to the court.
WARNING: there is a trojan on your
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).
Assorted stuff I do sometimes: Lemuria.org
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.
Personally as soon as I heard that DeCSS was banned I downloaded a copy just to prove to myself the futility of internet censorship.
You and everyone else. Thats the great thing about the internet. Ban something and 1000+ people are going to download it and mirror it everywhere. The sooner the RIAA/MPAA/etc realize that the internet is not something they can control and that we, as consumers, are going to thwart their attempts to shut off the flow of information the better off they're going to be. I personally will dance the jigg if/when the RIAA and/or MPAA get bitchlapped in court.
Hell, the idiot lawyers even included the source code for DeCSS in the court documents. There's no need for anyone to mirror it anymore!
The link above is the Hoy filing from this page...
Cruising the internet on my TI-99/4A @ a whopping 300 baud!
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.
Mea navis aericumbens anguillis abundat
What I would like to know is how this is going to affect the consumer, because if I remember correctly, any consumer may create a copy of a movie/cd/software that they own and use that "backup" copy in order to preserve the orginal copy of the media.
I noticed an interesting thing in the packaging that came with one of my kids' Disney DVDs last week: You can now register your purchases with Disney and, in return, they will send you a new copy of any registered DVD if the original gets damaged.
On the one hand, this is a very nice benefit for the consumer: I don't have to bother finding ways to back up my DVDs, because if they ever get ruined, the company will ship me a replacement, at their cost. Of course, it only works as long as the company continues to offer the service.
On the other hand, I have to wonder if this isn't just part of their strategy to eliminate Fair Use exemptions. "No, Senator, consumers do *not* have any legitimate need to make copies... Yes, of course we recognize that disks get damaged, which is why we've generously arranged to replace damaged disks, which is a much better solution for consumers since it requires no expensive technology, just a phone call or a letter... Thank, you, sir, yes we think so too... Yes, sir, our contribution to your campaign will be in the mail tomorrow."
Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
The attorneys sought to sue more than 500 people from all around the world in one lawsuit brought in Santa Clara County, Calif. [...] The point is we would like to get the Supreme Court to affirm that the use of one case to (target) multiple people who are distributing information is appropriate," Kessler said.
This is kinda scary. A major limitation on RIAA/MPAA is that they have to sue their enemies one at a time. Since each lawsuit is expensive and they have about 50,000,000 enemies, this is problematic. So they want permission to able to do a sort of "reverse class-action", where they're allowed to sue everyone at once. They started with a tidy block of 500 defendants, but why not 5000 in the next round? Or 500,000?! Woohoo!
The courts are already too-often used by those who can afford lawsuits to bludgeon those who can not. Allowing corporations to sue hundreds or even thousands of people at once would be a disaster for the American legal system and America in general.