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'DVD Jon' Acquitted On All Counts in DeCSS Case

benh57 writes "Jon Johansen, the author of DeCSS, has been acquitted on all charges by the Norwegian Supreme Court.' Johansen and his defense attorney Halvor Manshaus won on all counts, with the Oslo court ruling that Johansen did nothing wrong when he helped cracked the code on a DVD that was his own personal property.'" Here's Aftenposten's story, in English. Read on below for some more links, and please post others in the comments. Update: 01/07 14:02 GMT by T : Reader Torstein Grotnes writes with a correction: The court which cleared Johansen is not Norway's Supreme Court, but rather "the 'tingrett' which is two steps below 'supreme court' level."

Here's John Leyden's story at the Register about the ruling.

LarsBT links to this Reuters newsflash and points out that since Johansen's arrest, "Norway has introduced legislation similar to the European Unions directive on copyright [pdf], making it illegal to circumvent any copyright protection - making it highly unlikely that he would be found not guilty under these new rules."

An anonymous reader writes with some background (or do a search on Slashdot for DeCSS ;)): "Read the DVD-Jon lawsuit story here and here" and notes that "'the prosecution decided to charge Johansen with a data break-in, rather than handle the matter as a copyright case.' The court said that DeCSS could be used both legally and illegally and referred to similar cases outside the computing industry. The court said it was difficult to conclude on Johansen's intentions with DeCSS, but there was no conclusive evidence."

187 of 400 comments (clear)

  1. Hip Hip . . . by Gabrill · · Score: 3, Insightful

    Hooray!

    --
    Always going forward, 'cause we can't find reverse.
    1. Re:Hip Hip . . . by dunkelfalke · · Score: 3, Interesting

      absolutely.

      this could make me to believe in justice again :-)

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  2. What a surprise! by unterderbrucke · · Score: 4, Funny

    The judge realized that information wanted to be free!

    1. Re:What a surprise! by Kierthos · · Score: 2, Insightful

      No, the judge realized the rules of evidence.

      Okay, I have no idea exactly how or if the Norweigan courts rule on evidence, but in the U.S. courts, in criminal trials, it's "beyond a shadow of doubt". If there wasn't enough evidence to rule in favour of guilt, then by law, he is innocent.

      Kierthos

      --
      Mr. Hu is not a ninja.
    2. Re:What a surprise! by Anarchofascist · · Score: 5, Insightful

      ".. in the U.S. courts, in criminal trials, it's "beyond a shadow of doubt". If there wasn't enough evidence to rule in favour of guilt, then by law, he is innocent."

      The judges (according the the Aftenpost article) went one step further than that and said there was "no evidence" to convict. This implies (to my untrained legal eye, which nonetheless is legally bound under pain of imprisonment to obey every single law in the land, every E.U. directive, and every libel law in Australia, because ignorance of the law is no excuse) that none of the evidence provided by the prosecution would lead the judges to convict Jon.

      One small step forward for justice. That feels like such a hollow thing to say when thousands have disappeared from US streets to be held secretly (and legally) in internment camps.

      --
      Once more unto the breach, dear friends, once more, Or close the wall up with our American dead!
    3. Re:What a surprise! by Anonymous Coward · · Score: 2, Informative

      Check your history, Shadowlion. The U. S. government interned thousands of American citizens in WWII, simply because they were of Japanese descent. These Americans were deprived of their freedom and property without due process, and they usually went to internment camps like Manzanar without resistence.

      Try learning something before you parrot the government propaganda you so readily lap up, you f*cking ignorant bigoted piece of sh*t.

    4. Re:What a surprise! by Anarchofascist · · Score: 2

      "Yes, thousands of... illegal aliens, who have no right being in this country in the first place."

      But... we'll never know, will we, because the hearings checking to see if they are illegal are held in secret. Do you know what "justice must be seen to be done" actually means? Are these just words to you?

      I didn't expect to get this sort of reply on Slashdot. I feel like I've turned over a rock and found my very own Lesser Spotted American Blinkered Bushbaby.

      --
      Once more unto the breach, dear friends, once more, Or close the wall up with our American dead!
    5. Re:What a surprise! by rebbie · · Score: 5, Informative
      What about the case of Yasser Esam Hamdi a U.S. Citizen born in Baton Rouge, Louisiana now being held in Guantanimo. He certainly is a "legitimate citizen." Nobody is questioning that fact....

      • "The Pentagon source said Hamdi's status as a U.S. citizen will not affect the government's ability to try him as a "battlefield detainee" -- rather than trying him in civilian courts, like Walker Lindh."

      It seems to me that the U.S. government is doing what it wants to do and is making the rules up as it goes along. And yes -- the "media" is buying this and regurgitating just what it's being fed.

      --
      On a clear disk you can seek forever
    6. Re:What a surprise! by October_30th · · Score: 2, Informative
      Do you really think that the media wouldn't be ALL OVER an instance where the government has taken a legitimate citizen?

      Not really.

      WASHINGTON - The legal controversy fomented by the indefinite detention of two American citizens in military prisons is being very closely watched - and loudly debated - as their cases go through the judicial appeals process.

      --
      The owls are not what they seem
    7. Re:What a surprise! by jebell · · Score: 2, Informative

      This implies (to my untrained legal eye, which nonetheless is legally bound under pain of imprisonment to obey every single law in the land, every E.U. directive, and every libel law in Australia, because ignorance of the law is no excuse) that none of the evidence provided by the prosecution would lead the judges to convict Jon. This is correct. I was a state prosecutor in Florida. I don't know Norwegian law, but in the United States, after the prosecution has presented all its evidence (and sometimes after the defense is presented, too), the defense may make a "Motion for a Judgement of Acquittal" or similar motion. Simply put, the defense is asking the judge to rule that the prosecution hasn't proved the crime beyond a reasonable doubt. This is to prevent the jury from deciding a case where the proseuction hasn't proven a crime under the law, even if the defendant's behavior offended the sensibilities of the jury.

      --
      This is my sig. There are many like it but this one is mine.
    8. Re:What a surprise! by N3WBI3 · · Score: 2

      Excuse me but when you point a gun at americans with a forign army (or militia) you kind of waive that whole citizenship thing. He is lucky he is not on trial for treason..

      --
    9. Re:What a surprise! by N3WBI3 · · Score: 2, Flamebait
      All governments have done something this bad or worse. Hell the Brits tried to starve all the Irish, the Vikings raped and pilliged the Brits on over in Asia one needs only to point out what Japan did to china (and for that matter what China now does to its own).

      The American Government officially apoligised and paid restitution to the domestic victoms of ww2. While a very darm moment in history we have done more to keep it in our national mind than the euros have their disgusting treatment of lessernations.

      --
    10. Re:What a surprise! by jedidiah · · Score: 2

      He was taken as a POW.

      This is considerably different than being taken off some American street while merely minding one's own business.

      Talk about dishonest comparisons...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    11. Re:What a surprise! by quax · · Score: 2, Informative

      You should read up on the case. None of the detainees whether US citizen or not are held as POW.

      The current administration invented the interesting term "unlawful combatants". A term that has no meaning and is not governed by any international human right standards nor treaties.

      A POW is protected by the Geneva Convention. This guarantees that he/she will be treated in a decent way and are not allowed to be questioned and or further prosecuted by the enemy force that holds him or her.

      That the US administration states to fight a war yet, denies POW status to enemy combatants is simply scandalous. Just because you fight against an enemy who does not have any respect for human right standards does not mean that you should feel free to abandon those standards yourself.

      By doing this the US also sets a precarious precedent. If the US forgoes international law it will encourage other nations to do the same.

      The Geneva convention used to be very powerful even Nazi Germany pretty much obeyed it. In recent history it protected the GIs that were taken by Milsovic's Yugoslavian army in the wake of the war on Serbia. The jeopardizing of the Geneva convention exposes a frightening foolishness on part of the current administration (I hope foolishness is all there is to it).

    12. Re:What a surprise! by Melantha_Bacchae · · Score: 3, Insightful

      Anarchofascist wrote:

      > One small step forward for justice. That feels
      > like such a hollow thing to say when thousands
      > have disappeared from US streets to be held
      > secretly (and legally) in internment camps.

      It's not hollow. Not to the young man who had three years of his life stolen from him because he wanted to play a DVD. Now, barring an appeal by the prosecution, he has that life back again.

      Today is a victory for justice. Rejoice, and don't feel guilty about rejoicing. Without the celebration of victories, how can we possibly find the heart to continue to fight all these injustices? We would give up hope, and that would help no one.

      Fight on, and don't give up hope. The great victory of Justice, Liberty, and Peace may be closer than you think.

      "Lightning shines on wavey beach, and all clouds are made right:
      Happiness Appears!"
      From the song "Infanto no Musume" in the Japanese version of "Mothra" (1961).

    13. Re:What a surprise! by EllisDees · · Score: 4, Insightful

      >Do you really think that the media wouldn't be ALL OVER an instance where the government has taken a legitimate citizen?

      Have you heard this one?

      "Five months later, the alleged proprietor of a small-time document mill is at the center of what appears to be the only criminal case of its kind in the United States since the Sept. 11 attacks -- one in which secret evidence has been presented against the defendant. Atriss remains in jail, now on $500,000 bond -- an amount consistent with a murder charge -- but prosecutors will not say why he poses such a serious risk or give him a chance to respond."

      This is going too far. Our government is pissing all over the constitution. We are *not* at war until congress makes a declaration of war, and even then, US citizens have the right to see the evidence that is being used against them. I hope every one of you dumbasses who voted for the dumbass currently in charge is happy with the dictatorship that's forming right before your eyes.

      --
      -- Give me ambiguity or give me something else!
    14. Re:What a surprise! by DaveAtFraud · · Score: 2

      In order for someone to be a prisoner of war there has to be a war. In order for a state of war to exist there must be at least TWO internationally recognized nations which are at war. The closest we got to this was with Taliban governement of Afganistan where all of three or four countries (the U.S. was not one of them) recognized the Taliban as the legitimate governement of the country. (Note: This is why diplomatic recognition of a government is significant.)

      Given that there was no internationally recognized government in Afganistan, any force or person opposing coalition forces could (and should) be considered "unlawful combatants". As to any U.S. citizen amoung those opposing coalition forces, they should be glad they were not executed for treason. Unfortunately, we will probably feed them and house them at Guantanamo Bay until we turn them loose to do other mischief (including getting a lawyer and filing suit).

      So this isn't scandalous. Those nations that abide by the Geneva convention have nothing to fear and everything to gain by continuing to abide by it with regard to prisoners of war. Those people who privately make war against another country now know that they can not hide behind the rights that that same country gives to its citizens and they can not expect even to be treated as prisoners of war. They are unlawful combatants.

      War is a condition between nations; not between an individual and a nation. When an *individual* attacks a nation (and, hopefully, especially anyone who attacks the U.S.), the individual can expect the full power of that nation to be brought against them. This is the most basic reason for the existence of the nation state: to protect its citizens from attack regardless of whether the attack comes from another nation or an individual or group. Attacks by other nations are acts of war; attacks by individuals are criminal acts and it is at the discretion of the attacked country which IF ANY of the rights it grants its citizens in a criminal case to grant to the individual attackers.

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    15. Re:What a surprise! by fruity1983 · · Score: 2, Insightful

      Do you really think that the media wouldn't be ALL OVER an instance where the government has taken a legitimate citizen?

      I dont, actually. The past year and a bit has seen a rise of over 1400% in anti-Arab hate crimes, 4000 dead afghani civilians, numerous ties drawn between Bush and the bin Laden family (and exemptions given to them, such as leaving the country on Sept. 12 & 13, 2001), many thousands of arrests of arab males with families (all the hijackers and other known terrorists had none here), and so on.

      Few have recieved anything more than a passing mention in the little scroll bar at the bottom of your TV.

      --
      I am a viral sig. Please copy me and help me spread. Thank you.
    16. Re:What a surprise! by N3WBI3 · · Score: 2
      The point is moron that every people have shit on another people. Is it right? no not even close and it is something which is taught in public shools in the US so we do not forget.

      I love when euros (or self hating americans jump up on a soap box and decry us as evil compared to the peace loving euros, even though American has been freaking loving to the world in our time of power compared to what the europian powers did to the world in theirs.

      --
    17. Re:What a surprise! by N3WBI3 · · Score: 2
      Did I say that? no I said check the plank in your eye before checking the sliver in ours. The europians raped pilliged and killed each other for years and when they were strong enough they did it to the world. What the americans did was wrong and we are taught in school so we dont forget. The only europian nation with a similar sence of shame is Germany the rest really believe they are better than the rest of the world.

      Yea lets starve the Irish, take the lands of the Africans, plant a flag in indai and call it ours, lets take priceless cultural history away from people and bring it back where it will be appreciated.

      --
    18. Re:What a surprise! by N3WBI3 · · Score: 2
      The 'arabs' (not all of them are arabs but why should facts bother you) were captured on the field of battle by US and Canadian forces which is totally unlike the Japanese in ww2 who were taken from their homes in the US with no cause.

      If the govt tried today to go into Arab-American homes and put them in a prison camp the americna people would riot in the street. We have a generation who has learned af our shameful actions in the 40's and will not allow it again.

      --
    19. Re:What a surprise! by N3WBI3 · · Score: 2

      Oh and btw a formal apology is more than any europian country has done for someone under their boot (England to Ireland), (Spain, to central America), (France to Vietnam, Laos, & Kampuchia), (Italians to Ethopia), (Russia to Afganistan), (Dutch to African nations under their relm), ....

      --
    20. Re:What a surprise! by N3WBI3 · · Score: 2

      One more thing, can I have a source for you 'massive' anti-arab hate crimes? There may be one or two idiots out there but I must say that coming from an environment where many arabs live and work I dont see it.

      --
    21. Re:What a surprise! by jedidiah · · Score: 2

      No it doesn't. All it shows is a willingness to give these civilians more credit than they deserve. That was obviously a big mistake in this forum.

      If they were being treated consistent with the actions of the US at the time (and the Geneva convention), they could have all been summarily shot.

      People who like whine about the rights of those caught commiting treason on foriegn soil should keep that in mind.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    22. Re:What a surprise! by N3WBI3 · · Score: 2
      You did not learn squat, the world wars weakend the only powers left (the other colonial powers were weakend by internal struggles with other powers). Just because you bitchslapped eachother around so your no longer strong does not make you any more kind.

      As far as us doing what ever we want all over the world does that include defending wester europe from 1950-1990? does that include giveing more food aid to the world than any other nation?the europians took food away from people (ireland/india) we give it to them. we are far from perfect but a hell of alot better a global power than any euro nation was.

      --
    23. Re:What a surprise! by N3WBI3 · · Score: 2
      1) how pitiful to compare what a vast minority of arab americans experienced to what the Japanese did in ww2.

      2) Its not my job to go out and find the source for someone elses accusation, the burden of proof is on them.

      3) 9 out of 10 times 'alternative' media such as indymedia are pathetic transparent and two faced organisatgions with their own aganda. THey are mostly not news sites so much as anti-something sites.

      --
    24. Re:What a surprise! by N3WBI3 · · Score: 2

      so two sites with differnt numbers to support their agenda (ie two sites which are anti american in to their core cant even agree which one (if either) of them are right?). The acts that do occur (im not ignorent enough to believe there are not cases) are persued and punished, did you bother to see what is done in these?

      --
    25. Re:What a surprise! by N3WBI3 · · Score: 2

      THe reason to look at the euros is for perspective you nitwit. here we had 3000 americans killed for no reason and the worse we did at home (and it was wrong) was detain less than 500 people for less than one month. As always self hating or 'im better than you' americans sieze the chance to slam the US as a whole.

      --
  3. Norway by muyuubyou · · Score: 5, Interesting

    Thank God this guys is norwegian and didn't drop by the USA.

    I wonder what happened if he was american

    Sklyarov anyone?

    1. Re:Norway by Floyd+Turbo · · Score: 2

      Sklyarov got acquitted, too. So on that score, the US and Norway are equal.

    2. Re:Norway by skahshah · · Score: 4, Informative

      Sklyarov never got acquitted. He made a deal. Everybody knows what it was. Not exactly the same thing.

    3. Re:Norway by macdaddy357 · · Score: 4, Insightful

      Elcomsoft eventually was acquitted. Nothing has been done to compensate Dmitry Sklyarov for the time he spent behind bars. Adobe's gross assets, plus 10% would be a good start.

      --
      How ya like dat?
    4. Re:Norway by videodriverguy · · Score: 5, Informative

      Sklyarov wasn't acquitted - he agreed to be a witness for the prosecution in return for immunity. That is a BIG difference.

      His company was acquitted, not him. Even if they were, he still spent a certain amount of time in a US jail, away from his family. He will never receive compensation for that time.

      So, it seems that the USA and Norway are not equal. Especially as I don't remember a case where Norway attempted to use it's laws against someone not even in the country.

    5. Re:Norway by SLi · · Score: 2, Interesting

      Thank God this guys is norwegian and didn't drop by the USA.

      Actually he did. He even testified at a New York court. See e.g. this press release.

    6. Re:Norway by Floyd+Turbo · · Score: 2

      Fine, if you want to pick nits, Sklyarov's employer, Elcomsoft got acquitted. It's essentially the same result, regardless of the deal Sklyarov himself cut.

    7. Re:Norway by Floyd+Turbo · · Score: 4, Interesting

      I certainly agree that Adobe should pay, and pay heavily, for the harm they did to Sklyarov and Elcomsoft.

      The same should apply to the harm that the MPAA did to Johansen.

    8. Re:Norway by cluke · · Score: 2

      The DVD makers do, sure. Hence all the multi-region 'hacks'. It's the movie producers that want to control this.

    9. Re:Norway by santaniello · · Score: 2, Interesting

      I don't know. The grass is always greener on the other side. Norway is a monarchy where you can only give your child a name from an "approved" list and it is currently a topic of discussion as to whether freedom of speech extends to being allowed to say bad things about different racial groups in public. And brutally murdering someone will get you MAYBE 15 years with your own cell, cable-TV and a private room for when your significant other visits to do the nasty. USA and Norway is apples and oranges. Who knows what would have happened were he American.

    10. Re:Norway by Mitreya · · Score: 2
      Elcomsoft eventually was acquitted. Nothing has been done to compensate Dmitry Sklyarov for the time he spent behind bars.

      EXACTLY! I think many people have absolutely missed the point! Dmitriy Sklyarov and Elcomsoft DID NOT WIN the trial. All they did was to AVOID PUNISHMENT in various ways. Dmitriy cut a deal and was able to do so only thanks to widespread public support and to a testimony he was forced to produce. Elcomsoft was acquited mostly 'cause they did not understand the implication of DMCA. As you mentioned, Dmitryi was not compensated and the Elcomsoft product was declared ILLEGAL. I would not call this a victory...

    11. Re:Norway by hkmwbz · · Score: 2
      Whoa! Whoever gave this guy a +1 moderation?
      "you can only give your child a name from an "approved" list"
      Actually, there is a list to protect children so they don't get some of the most insane names parents are stupid enough to want to give them.

      You are giving the impression that there's a tiny list of maybe 100 names or so, but this is not the case.

      "and it is currently a topic of discussion as to whether freedom of speech extends to being allowed to say bad things about different racial groups in public"
      Actually, the discussion is whether or not one should accept it when someone encourages others to slaughter down minority groups. YMMV.

      Moderators, please be careful with your +1 moderations, especially when someone intentionally writes his post like this, to mislead people who know nothing about Norway.

      --
      Clever signature text goes here.
    12. Re:Norway by egreB · · Score: 2

      About the list of names: There's no list of names you choose from when you name your children. However, there is a list of names you're not allowed to call them. This would include (the norwgeian) words like "fuck" and "dick." People are actually trying to name their kids stuff like that. If you read norwegian, there's info about it on The Norwegian Language Council web pages. Limited english version here.

  4. read the entire verdict here by rokka · · Score: 5, Informative

    all in norweigian... http://www.digi.no/dtno.nsf/pub/md20030107114651_q iz_14357518

    --
    I could be wrong. I'm always wrong...
    1. Re:read the entire verdict here by tsvk · · Score: 2, Informative

      That page is not the verdict, but contains a link to it.

      The actual URL is http://www.domstol.no/archive/Oslotingrett/Nye%20a vgjorelser/DVD-jon.doc.

      Don't you just hate it when official documents are made public in M$Word?

  5. Very nice... by stikves · · Score: 3, Insightful

    Yet, I still wonder if this conclusion can be used against DMCA itself.

    1. Re:Very nice... by DaBj · · Score: 2, Insightful

      No it can't.

      Jon was prosecuted in a Norwegian court, under Norwegian law. Believe it or not, in countries like that consumers still have rights. (And judges has brains).

      This won't even affect the EU version of DMCA either, since Norway isn't a member of the EU.

      --
      "GNU's not Unix....it's Linux" / Kami "kokamomi" Petersen
    2. Re:Very nice... by JanneM · · Score: 2, Insightful

      No. DMCA is an american law. He was tried, and acquitted in a norwegian court, according to norwegian law. Other than in extraordinary circumstances you do not take precedent from another country's legal system.

      --
      Trust the Computer. The Computer is your friend.
    3. Re:Very nice... by sqlrob · · Score: 2
      Believe it or not, in countries like that consumers still have rights. (And judges has brains).

      They do?

      From the /. article: "Norway has introduced legislation similar to the European Unions directive on copyright [pdf], making it illegal to circumvent any copyright protection - making it highly unlikely that he would be found not guilty under these new rules."

    4. Re:Very nice... by sqlrob · · Score: 2
      Norway is not a part of the EU. Just EØS which is the business part off the EU. We get ALL the benefits without even being an EU member ;)

      Try reading it again... "Norway has introduced legislation similar to the European Unions

      And is there a difference between looking at the contents (code) on a DVD and opening your VCR to study the cercuits? They are both "copyrighted".... just a thougt.

      Good question. Are circuit boards copyright? Patented, possibly, but copyright?
      Personally, I don't have any problem with looking at one or the other, or using any player you damn well please to play a DVD, MPAA approved or not. Unfortunately, that isn't the way Valenti and cronies see things, and they are trying way too much to get governments to give that force of law.

    5. Re:Very nice... by Waffle+Iron · · Score: 2
      Good question. Are circuit boards copyright?

      I believe the actual trace layout pattern is copyrightable, so you can't make a mask from a photo of the board and crank out your own. OTOH, you can reverse engineer the netlist and use it to create your own logically identical PCB with your own layout pattern.

    6. Re:Very nice... by DunbarTheInept · · Score: 2

      It might set a precedent about illegally applying US law outside its jurisdiction by communicating to other countries the message that, "Hey, you don't *have* to bend over and take it when the MPAA applies US law to the world - we said "no", and so can you."

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  6. Not supreme court by DeeZee · · Score: 5, Informative

    The ruling came from the norwegian "Tingrett", which is one of the lower courts. Hence, an appeal will almost certainly be made before the two week deadline is up.
    It ain't over till the fat geek burps...

    1. Re:Not supreme court by Fenresulven · · Score: 2, Informative

      This is correct, if the verdict is appealed it will then be decided by the "lagmannsrett" and if it's appealed again it'll end up in the supreme court.

    2. Re:Not supreme court by Jeppe+Salvesen · · Score: 2

      Don't be too certain. The higher courts might reject the appeal, since the argumentation in the ruling is supposed to be pretty decisive and solid. We'll see, though. There are powerful forces in motion, they might be able to somehow convince the court that the appeal should be accepted. Jon's lawyer did a good job, though. He was very low key and right on point, making it hard to argue that the judge was biased (like in the MS case).

      --

      Stop the brainwash

    3. Re:Not supreme court by DaBj · · Score: 2, Informative
      I am not so sure. It depends on how rabid the MPAA lawyers are

      MPAA and it's lawyers have no jurisdiction in Norway (last time I checked).

      It all comes down to what the NORWEGIAN prosecutors standpoint on the issue is. Somehow I seriously doubt that she will bring this any further after the wrist slap from the court saying that there was no evidence at all that he had broken any laws.
      --
      "GNU's not Unix....it's Linux" / Kami "kokamomi" Petersen
    4. Re:Not supreme court by CrystalFalcon · · Score: 2

      There is nothing about this in the Norwegian sources... Seems to me like the Swedish Skymningspress has got the details all wrong again...

    5. Re:Not supreme court by rehabdoll · · Score: 2, Insightful

      Not in a criminal case. I guess they can still sue, but thats probably pointless. In countries like Sweden and Norway, you cant sue McDonnalds for 100M$ for spilling hot coffee on yourself :)

      You have to break an Norwegean law to risk being put in jail. US laws has no effect outside the US :)

    6. Re:Not supreme court by 91degrees · · Score: 5, Informative

      In countries like Sweden and Norway, you cant sue McDonnalds for 100M$ for spilling hot coffee on yourself :)

      To be fair to the person who did this, she only sued because the coffee was abnormally hot (third degree burns requiring a skin graft). McDonalds knew about the risk. She initally just wanted McDonalds to pay her medical bills. McDonalds refused.

    7. Re:Not supreme court by Fig,+formerly+A.C. · · Score: 2
      So a Norwegian lawyer hired by the MPAA to represent them in Norway is not considered to be an MPAA lawyer?

      How about a Norwegian lawyer who got a large donation from the MPAA just because he was a prosecutor for the state?

      Noone said a MPAA lackey^W lawyer had to be American.

      --
      Murphy was an optimist.
    8. Re:Not supreme court by Jeppe+Salvesen · · Score: 2

      You're probably right. Sadly, INFOSOC will make this ruling one last hurrah for consumer rights. I'm almost becoming anti-EU over that single issue...

      --

      Stop the brainwash

    9. Re:Not supreme court by Rogerborg · · Score: 2

      US law regarding copyright is _de facto_ global, according to the Berne Convention.

      --
      If you were blocking sigs, you wouldn't have to read this.
    10. Re:Not supreme court by trezor · · Score: 2, Funny
      • We'll see, though. There are powerful forces in motion

      American industry does not control the Norwegian goverment if anyone should think so. The Norwegian goverment is merely incompetent, but not entirely corrupt.

      I live here, I should know :)

      --
      Not Buzzword 2.0 compliant. Please speak english.
    11. Re:Not supreme court by KjetilK · · Score: 2

      Actually, it was the MPA that filed the complaint, not MPAA. MPA is the global organization.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    12. Re:Not supreme court by Fig,+formerly+A.C. · · Score: 2
      Correct. And I'd wager that the actions of the MPA were started in motion by the MPAA portion of it's membership. I'd also bet that's the source of a sizable chunk of the MPA's operating revenues.

      Just a hunch.

      --
      Murphy was an optimist.
    13. Re:Not supreme court by Fig,+formerly+A.C. · · Score: 2

      I think I'd start looking for MPAA (or MPA) payola before I dismissed lightly the idea that the prosecutor was bought.

      --
      Murphy was an optimist.
    14. Re:Not supreme court by Gaijin42 · · Score: 2

      That would be Kwanzaa you dip :)

    15. Re:Not supreme court by egreB · · Score: 2, Offtopic

      How hot is "abnormally" hot? I, for one, like my coffee rather warm. Any drinkable coffee (that is, warmer than about 40 degrees Celsius) is capable of giving you quite interesting skin burns. Any (relativly) hot liqiud that stays on your skin any longer than a few seconds can give you third degree burns. I've seen it. It's not particulary nice, since it involves the fact that the skin is burned away.

      There is, apparently according to McDonalds, always a risk involved drinking coffee. Most people agree that coffee should be hotter than 40 degrees. If you decide to (or accidently) pour coffee over youself, to bad. Your fault. Not McDonalds. They merely sold you the coffee. There is a lot of bad things about McDonalds, but I'm giving them this one.

      Drinking coffee is not among the most dangerous things to do. If you burn yourself on the oven at home, would you sue the manufacturer of the oven? Alomst all things in life involves taking riscs. Have you any idea of how dangerous it is to ride a car? Far more dangerous than airplanes, boats and trains combined. If you need, I can probably look up some information on this.

      There's another reason why this couldn't happen in Norway as well - free medical attention. If you happen to get third degree burns (for example here in Bergen, where the best burn-injury(?) hospital in the northern parts of Europe is situated) an ambulance would get you to the hospital, and you'd get immediate medical care completly free of charge. There wouldn't be any medical bills to pay.

      Now I'll get up and brew a nice cup of hot Java coffee (my favourite). You now, when the coffee is brewed, it's over a hundred degrees warm! Imagine spilling that over yourself! I'd sue somebody.

    16. Re:Not supreme court by 91degrees · · Score: 2, Insightful

      Well, presumably the court felt that 20 degrees hotter than everyone else was too hot. They made it hotter to save themselves from having to dispose of it more often. It was a cost saving measure. They put their customer at risk to save themselves money.

      The example of the oven - Surely the oven is the same temperature as all the other ovens. If they had poorer insulation on the outside than other manufacturers, then I would expect to have a case.

      Planes are dangerous, but I don't expect them to make them more dangerous to save fuel.

    17. Re:Not supreme court by egreB · · Score: 2

      Coffee is served at different temperatures at different places. Some places probably 20 degrees hotter than others. Depends on the time of purchase. If McDonalds found that keeping the coffee hot would require less disposals, great! They did not put the customer at any more risc than other places (like the cafe called Vågen in Bergen, where the coffee is really hot). Warm coffee is dangerous (to the extent that coffee actually _is_ dangerous) all the same.

      I was refering to the the plates(?) on top of ovens (no idea what they are called in english). If different temperatures is the issue, then it's a good example. They operate at different temperatures with different vendors. We have a really old oven, and the max effect is about 1500W. Newer ovens have plates(?) at a much higher effect, thus making them hotter. The insulation probably varies from vendor to vendor as well. Nobody clear minded in Norway would sue the manufacturer for burns gotten by ovens. Nobody would win anyway.

      Different cars have different security measures, thus making them more or less secure than their competitors. You can't sue one manufacturer for making a car less secure than the other (as long as both parts followed the rules and regulations involved in making cars). Not in Norway, at any rate.

      My point still stands, IMO. If you spill coffee over yourself, it's your own fault. It doesn't matter wether the coffee was kept warmer than everywhere else.

    18. Re:Not supreme court by frankie · · Score: 2
      How hot is "abnormally" hot? [...] Any drinkable coffee (that is, warmer than about 40 degrees Celsius) is capable of giving you quite interesting skin burns.

      "Abnormally" hot in McDonalds' case was just under 85 Celsius (that's 185 Fahrenheit). I hope you'd agree that just shy of the boiling point is not an appropriate temperature for consumer coffee.

      And this was not a fluke at one McDonalds; this was chain-wide policy. Ultra-hot coffee stays fresh longer -- they could brew a big pot before opening and sell it all day.

      If you need, I can probably look up some information on this.

      You probably should have done that before you posted an ill-informed commentary.

    19. Re:Not supreme court by Mitreya · · Score: 2
      Oh, please... moderators, this is not quite insightful. Have you actually read a description of the incident that was longer than two sentences?

      How hot is "abnormally" hot? I, for one, like my coffee rather warm.

      Abnormally hot is 10 or 20 (Farenheit, but translates in 5/9 into Celsius) ABOVE the temperature everywhere else where cofee is served.

      If you burn yourself on the oven at home, would you sue the manufacturer of the oven?

      Your analogy is missing some crucial parts. If you burn yourself on the oven at home, and the oven uses a higher temperature than all other manufacturers. Moreover, the incidents have happened, and the oven manufacturer was warned and has reason to believe that it was due to his exceedengly high temperatures used... Well, would you sue now?

      Anyways, look it. I used to post links explaining this, but no more. google it.

    20. Re:Not supreme court by error0x100 · · Score: 2

      You can't sue one manufacturer for making a car less secure than the other (as long as both parts followed the rules and regulations involved in making cars)

      I remember reading once that McDonalds lost this case because there are actually rules and regulations (FDA, I think) stipulating the maximum temperature at which hot beverages may be served, and that McDonalds was over this limit. I don't know if thats true though.

    21. Re:Not supreme court by egreB · · Score: 2

      Well, that puts things in an entirly different light, and all my other posts are useless. In that case, sorry, so long and thanks for all the fish.

      Though Googling didn't come up with arguments like that..

    22. Re:Not supreme court by DunbarTheInept · · Score: 2

      I'm so sick of this misrepresentation that she "spilled the coffee on herself". That's how it gets phrased by people who want to use the case as a vehicle for complaining about lawyers and over-suing in America. But the facts of the case were that the coffee got spilled during the TRANSFER from the McDonald's Employee to the woman. The employee let go before the customer had gotten a full grip on the cup, and thus the cup was fumbled. And THAT is why she won. Had she actually spilled the coffee on herself through nothing but her own incompetence, as people keep misrepresenting when they talk about the case, the jury would not have been as sympathetic.

      I agree that the US is way to sue-happy. But this classic example people keep using isn't an appropriate example of that, and it's not fair to the woman that this urban legend of her klutzyness keeps spreading.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    23. Re:Not supreme court by egreB · · Score: 2

      Ah. This is where my english vocabulary comes to an end. Pity, I always thought of myself as rather good in english, considering it's not my native language. Ah well. Though, in my recollection, I have never had any conversation in wich kitchen stuff have played any significant part.

      On afterthought, I recon the word "plate" is the thing you put food you're about to eat on. The norwegian word "plate" means coil on top of the oven. The norwegian word is much better, as it cannot be confused (-8 So if I got this straight:

      Coil on top of oven: Round peices of metal mounted on top of a largish object in the kitchen, wich purpose is to heat kettles and such (like heating water).

      Heating coil inside the oven: Carefully crafted device designed to make the temparture inside the oven high enough for broiling (like chicken).

      Am I right? Sorry, I just have to get this. Are there no specific words for these devices in english? What do one say, "hey, put the kettle on the coil? Turn down the temperature on the coil, so that the potatoes won't die?"

      The overwhelming majority of ovens are electric, even in Norway as well. Though I'm a fan of the old ones, based on wood and fire (-8

      I can't beleive I don't already know this! Here I am, having had (ehm.. is that correct english?) english for the last eight or nine years at school and only reading english literature, not able to understand the simplest kitchen stuff? The shame!

    24. Re:Not supreme court by jrockway · · Score: 2

      Well, air and other materials have different "abilities" to transfer heat to your skin. For instance, put your hand in a 350 degree oven (not for a long time!) and you'll notice that you don't get burned. Touch the metal inside and you will. So perhaps a 40 degree (celcius) liquid can burn you (it can't because japanese baths that i've bathed in are at 45 and i didn't ge burned...), but 40 degree air can't.

      Q = mc/\t, where the c for air is less than that of water. (Q = work done, c = constant, m = mass, /\t = change in time)

      --
      My other car is first.
    25. Re:Not supreme court by ppanon · · Score: 2

      According to some of the comments I read (second-hand), the law that Jon Johansen was prosecuted under was primarily targeted to those breaking into someone else's computer system. It's applicability in the case of someone decoding software/data that they have purchased for use on their own computer seemed quite a far reach. The prosecutor appeared to have been on a fishing expedition and the judge seems to have seen it that way as well.

      Since the prosecution's effort appears to have been a long shot, questioning the motivation for that effort is quite reasonable.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    26. Re:Not supreme court by egreB · · Score: 2

      > There you go, that should clear it up!
      Thanks alot! (-8

      > Just for laughs, do they teach you to spell "valor", valour? And which pronunciation do they tell you to use for the letter "Z"? Okay, last but not least, realized or realised?

      But, well of course we learn British english! Valour, favourites, realised. Fish'n'chips. I even have a northern english accent on my spoken language.. Can't stand american english. Though, you can ask to be evaluated with american english instead, if you happen to like it.

    27. Re:Not supreme court by KlomDark · · Score: 2

      Yah, but in America, freshly brewed coffee is nearer to 200 degrees, so it must be a lot hotter. :)

    28. Re:Not supreme court by DunbarTheInept · · Score: 2

      I have to assume you are thinking about this case
      [ snip description of case ] but, as it is not the case being discussed, your rant is also irrelevent to the discussion.

      Of course I was. But until your post, I was unaware that there were two seperate coffee-spilling suits against McDonalds. Everyone else assumes people are always talking about the more recent case, and I assumed they were talking about the less recent case, since I didn't realize there were two independant incidents and I'd already known about the first one when the story first came out. Did I screw up by assuming there was only one suit? Yes. But no more so than everyone else who assumes there was only one suit, and is thinking of the more recent one.

      (Annoying slashdot feature: The part of your post I wanted to cut and paste was at the very bottom, after the "Read the rest of this comment" break line. But there's no way to read the full comment without that break on the same page as the "post a reply" form. So I had to have two windows open - one to reply in and the other to view the entire post so I could cut and paste the bit at the end.)
      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  7. Can't anyone get it right? by Anonymous Coward · · Score: 5, Informative

    The bastard never wrote DeCSS, he merely wrote a GUI. This is a sad day.

    1. Re:Can't anyone get it right? by infolib · · Score: 2

      This is a sad day.

      No it isn't. Did you want him convicted?

      I can see why you're frustrated with people getting things wrong over and over again, but overall, this could hardly get better.

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
    2. Re:Can't anyone get it right? by snillfisk · · Score: 2

      "What really happened" has been discussed in the court for a week, just try to find someone who has translated the happennings into english :) You could try EFN.

      --
      mats
      One man's ceiling is another man's floor.
    3. Re:Can't anyone get it right? by nordicfrost · · Score: 2

      This is stated in the verdict.

    4. Re:Can't anyone get it right? by KjetilK · · Score: 3, Informative

      He never claimed to have written anything but a GUI. Police didn't believe him, but the court did.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
  8. Norway, Europe & The World by Xner · · Score: 5, Insightful
    Some people's enthousiasm may be dulled from the fact that this ruling only applies to the coutry of Norway. Fear not, I think this will have subtle but far-reaching consequences, especially for those of us in the EU.

    Even though Norway is not part of the EU, I'm sure people over here will pay attention and (hopefully) it will help sink that DMCA-like abomination the EC has been mulling over for a few years now for good.

    It's happening. People are starting to pay attention. With most households owning a DVD player, things like "region code" are filtering down to the masses, and people are a lot more receptive when you attempt to explain how CSS, end-to-end encryption and the DMCA affect what they can (and are allowed) to do with digital media they payed for.

    And most people do not like it one bit.

    --
    Pathman, Free (as in GPL) 3D Pac Man
    1. Re:Norway, Europe & The World by October_30th · · Score: 2, Informative
      DMCA-like abomination the EC has been mulling over for a few years now for good.

      Mulling?

      It has already passed all the legislative stages in the EU and is now in force. All that matters now is that the member states will incorporate it into their national legislation -- something which they are obliged to do under EU law.

      --
      The owls are not what they seem
    2. Re:Norway, Europe & The World by Darren+Winsper · · Score: 4, Informative

      Eh? The UK has been forced to delay its introduction of the EUCD into the commons because of all the feedback it got, most of it being quite damning of the EUCD.

    3. Re:Norway, Europe & The World by Darren+Winsper · · Score: 2

      But a lot of the EUCD is "optional", thus we could then simply drop a lot of the nasty bits and a lot of the crap would thus be removed.

    4. Re:Norway, Europe & The World by Rogerborg · · Score: 2

      Care to cite the "optional" parts? AFAIK, the only options are whether to create criminal or civil offences, i.e. whether to bitchslap people with taxpayer's moneym, or whether to just let the MPA* tentacles do the slapping.

      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:Norway, Europe & The World by Cally · · Score: 5, Interesting

      I'm a UK citizen, and one of the "John Doe"s on the California deCSS case (#13, lucky for some) (cited for redistributing deCSS.) Congratulations to Jon, let's hope that this is the start of the Law waking up to, and acknowledging, fair use and common sense. My mirror's still up despite various nastygrams from the ISP prompted by bullying tactics by the MPAA (presumably, the complainant was anonymous but who else could it have been?) and the EUCD directive which is currently on hold for a month or two. Is it too much to hope for to wonder whether this case could lead to a rethink of the whole DMCA-like tenor that European law has been heading in of late?

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    6. Re:Norway, Europe & The World by a_n_d_e_r_s · · Score: 2

      Actually the direktive has a large number of options in it - just read the directive.

      Thr directive you can get it in other languages if you press the lanfuage you want on the right upper part of the web page.

      All options are in article 5.

      --
      Just saying it like it are.
    7. Re:Norway, Europe & The World by LarsG · · Score: 2

      But a lot of the EUCD is "optional", thus we could then simply drop a lot of the nasty bits and a lot of the crap would thus be removed.

      I wish.. The NICE parts (like most of article 5 and parts of 6.4) and are optional. The nasty bits (most notably articles 4.2, 6.1-6.3, 6.4.4) are mandatory.

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    8. Re:Norway, Europe & The World by Cally · · Score: 2

      > Hasn't your lawyer advised you not to talk about
      > this case? What if you mis-say something and they > nab you on it?

      I don't have a lawyer; I'm not wasting my precious disposable income on defending such a ludicrous and blatantly meritless case, esp. when I'm in the UK. Californian law doesn't run here. I've done nothing wrong; if they think I have - bring it on!

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
  9. Indeed... by Xner · · Score: 3, Insightful

    I'm quite certain the phrase is "beyond reasonable doubt".

    --
    Pathman, Free (as in GPL) 3D Pac Man
    1. Re:Indeed... by Anonymous Coward · · Score: 2, Funny

      \i{The MPAA f**ked up, thats all :)}

      Maybe the just messed up the on the currency conversion rates when they handed over the briefcase full of cash?

  10. GET READY by BillGod · · Score: 4, Insightful

    Now HOLYWOOD will be wanting us to "license" DVD's from them for our own use. That way they can maintain ownership of the DVD itself.

    --
    MISSING - Sig file. 2 years old black and white and very funny. If found please email me.
    1. Re:GET READY by stubear · · Score: 2

      Actually, technically speaking you do license the DVD. Well, you license the content anyway. Copyright lawy allows for you to view the copy you own but you may not distribute the content (P2P violates this one big time), make copies of the content (beyond backups and once again P2P facilitates this sort of copyright infringement), manage a public performance of the work (summer film festivals, etc.), or make derivatves of the work (beyond parody). Copyright is simply a license between the copyright holder and the public. You only truly own the media the content is on, not the content itself.

    2. Re:GET READY by Pig+Hogger · · Score: 2
      Copyright lawy allows for you to view the copy you own but you may not distribute the content (P2P violates this one big time), make copies of the content (beyond backups and once again P2P facilitates this sort of copyright infringement), manage a public performance of the work (summer film festivals, etc.), or make derivatves of the work (beyond parody).
      Canadian law allows you to borrow a copyrighted work and make a copy for your own research. Which is how I how I built-up my 5000 plus MP-3 collection, straight from public library CDs.

      It is, however, illegal for me to make a copy and give it to someone else.

  11. This is just the first battle. by Zayin · · Score: 3, Informative

    The real showdown will be when Norway implements the EUCD directive. Then this verdict could be rather irrelevant as the new laws could make such actions illegal anyway.

    --
    "I'd rather have a full bottle in front of me than a full frontal lobotomy"
    1. Re:This is just the first battle. by Avakado · · Score: 2, Informative

      The real showdown will be when Norway implements the EUCD directive. Then this verdict could be rather irrelevant as the new laws could make such actions illegal anyway.

      Not neccesarily so. As representatives from EFF Norway told on their press conference today, the EUCD/Infosoc directive leaves room for interpretation, and a very loose version of the law could very well be implemented. Also, see this page.

      --
      The world will end in 5 minutes. Please log out.
    2. Re:This is just the first battle. by infolib · · Score: 2

      They've signed up to the same interantional treaty that the entertainment industry organised in order to subvert the US democratic system.

      You're talking about the Wipo Copyright Treaty (WCT) If you look at article 11, the "technological measures" (DRM) need not be "protected" against circumvention if it restricts acts that are "permitted by law".

      The main problem is still the European Copyright Directive (EUCD) I don't know how strongly Norway is bound by that. (Norways is not member of the EU, but is in the EEC)

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
    3. Re:This is just the first battle. by vidarh · · Score: 2

      Norway is a member of the EEA (European Economic Area), and hence is obligated to implement it regardless of not being a member of EU.

    4. Re:This is just the first battle. by infolib · · Score: 2

      Hopefully it's not too late for the New Zealand version.

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
    5. Re:This is just the first battle. by LarsG · · Score: 2

      As representatives from EFF Norway told on their press conference today, the EUCD/Infosoc directive leaves room for interpretation ..but not nearly enough to make a good law out of it. There is nothing that can be done with 4.2. 6.1-6.3 is fairly set in stone. We have a shot at scaring the *AA from using too intrusive DRM systems if we get a strong implementation of 6.4. Then you have 6.4.4 which is a real snake hiding in the grass (6.4 doesn't apply for interactive works wrapped in an eula).

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    6. Re:This is just the first battle. by vidarh · · Score: 2

      From day one. EU directives in most areas except for external tarrifs, security, foreign policy and agriculture are binding on all EEA member states, but non-EU EEA members (Norway and Iceland) does not have a vote when the EU directives are decided on.

  12. Of course... by EvilTwinSkippy · · Score: 5, Interesting

    This simply shows that at least in Norway decrypting a DVD is not data theft. OTOH, since the prosecution did not try to charge him with copyright circumvention we still have no ruling on the matter.

    --
    "Learning is not compulsory... neither is survival."
    --Dr.W.Edwards Deming
  13. Infosoc by Bish.dk · · Score: 5, Informative

    LarsBT links to this Reuters newsflash and points out that since Johansen's arrest, "Norway has introduced legislation similar to the European Unions directive on copyright [pdf], making it illegal to circumvent any copyright protection - making it highly unlikely that he would be found not guilty under these new rules."

    Norway is not part of the EU, but still takes most new EU-laws and directives and implements them into their own law. The irony of them implementing the Infosoc-directive (Euro-DMCA) mentioned above is that they're almost the only ones doing it. So far, only Denmark (*sigh*) and Greece has implemented the directive.

    1. Re:Infosoc by Graabein · · Score: 2
      The irony of them implementing the Infosoc-directive (Euro-DMCA)

      But we haven't implemented it (yet)! Where did this misinformation come from?

      The good thing about the way the public prosecutors have pushed this case with a very high media profile since day 1, is that it has raised awareness on the issues at stake amongst "ordinary" (non-geek) people. Check out this op-ed commentary (sorry, Norwegian only) in the Norwegian daily Dagbladet for example. I quote (my translation):

      "Based on directives from the EU as well as the UN intellectual property organization WIPO, the Ministry of Culture is currently working on implementing new laws for the protection of intellectual property in Norway. The EU Infosoc-directive is very loosely defined, but could open for very strict interpretations, like for example making ripping MP3s from your own CDs illegal, even if only for your own use. DVD-Jon's work in providing a DVD player which lets you skip advertising could also be banned by this (what next, books which can only be read while sitting in sofas made by Ikea?)."

      End quote.

      The verdict today is not just a great victory for Jon Johansen, and a temporary relief for consumers in Norway, it could seriously impact the way Infosoc is eventually implemented into law here. At least I hope so.

      --
      And remember kids: Never trust a computer you can actually lift.
  14. Let's hope that he asks damages by paai · · Score: 2, Insightful

    I sincerely hope that he now sues those American robber barons for damages...

    Paai

    1. Re:Let's hope that he asks damages by nordicfrost · · Score: 5, Informative

      Acutally, the manufacturer of the Xing DVD player could sue Jon for damages. They have, without dispute, lost A LOT of money after this incident. Not only was their CSS-keys retracted from the market, they also had to pay a fine to the DVD CCA. They are the real losers in this ordeal.

    2. Re:Let's hope that he asks damages by alastairm · · Score: 2, Insightful

      Well what you say about Xing's losses is totally correct. However if they had followed the terms of the license they received then they would not have made discovery of their key so easy and saved themselves the world of pain they ended up in.

      To say they should be able to go after the "hacker"[1] to recover damages for their own failures is the kind of thing that one only sees in US courts!

      [1a] Jon was not the person who discovered the keys - he wrote a GUI.
      [1b] The use of the term hacker is inappropriate in this context anyway.

    3. Re:Let's hope that he asks damages by nordicfrost · · Score: 2

      Yeah, that's true. They should have obfuscated their code in order to make the keys hard to get.

  15. not really a victory by WPIDalamar · · Score: 5, Insightful

    This isn't really a victory. It should have never gone this far in the first place. Calling it a victory is like saying someone who got hit by a car and survived was lucky ... if they were really lucky, they wouldn't have been hit in the first place.

    1. Re:not really a victory by IPFreely · · Score: 4, Funny

      Not only that, but the car is backing up for another pass...

      --
      There is nothing so silly as other peoples traditions, and nothing so sacred as our own.
    2. Re:not really a victory by Reziac · · Score: 2

      As an old story about good luck goes, that's the difference between tidy good luck and sloppy good luck.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:not really a victory by DunbarTheInept · · Score: 2

      Sounds like people who's house gets ruined by a tornado and then come out of the wreckage alive saying, "I'm thankful God saved our lives."

      I'll have to remember that if I'm ever mugged. "I thank my mugger for choosing not to kill me. Thank's Mr. Mugger - you're such a good guy."

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  16. No double jeopardy rules? by ToastyKen · · Score: 2

    So there's no law in Norway against double jeopardy? In the States, if you're acquitted, there can be no appeals...

    1. Re:No double jeopardy rules? by gorilla · · Score: 3, Informative

      Double jeopardy only applies in criminal trials. In civil trials, the loosing side(s) can appeal.

    2. Re:No double jeopardy rules? by maroberts · · Score: 2

      This was a criminal trial, otherwise the courts would not have the power to impose penalties like jail, probation et al. They would surely be restricted to civil penalties.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    3. Re:No double jeopardy rules? by arcade · · Score: 4, Informative

      This was a criminal case. JJ was charged for breaking criminal law, paragraph 145, second WhateverTheEnglishTermIs.

      There is no such thing as 'double jeopardy' in Norway.

      --
      "Rune Kristian Viken" - http://www.nwo.no - arca
    4. Re:No double jeopardy rules? by Rogerborg · · Score: 2

      I could care fewer about that.

      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:No double jeopardy rules? by DeadSea · · Score: 2

      Damn that was moderated into oblivion. Where is the lose not loose guy to support me when I need it?

  17. Not the supreme court by Crazy+Viking · · Score: 2, Informative
    Just want to point out that it is not the Norwegian Supreme Court that has made a ruling, just a regional court in Oslo. The Norwegian prosecutors (Økokrim or Economic Crime Unit) may still appeal to a higher court.

    Anyone who actually read the Aftenposten article will of course know this already.

    Also see the articles on CNN and The Register.

  18. It IS a victory, only a partial one by Anonymous Coward · · Score: 2, Insightful

    This ruling means that it is perfectly legal to bypass protections meant to prevent abuse of copyright (for a legit use, of course), in Norway.

    TO DO:
    - extend this ruling to the rest of the world
    - state that it is legal to bypass copy-protections to make copies allowed under fair use rights

  19. 2600? by the_Bionic_lemming · · Score: 2, Insightful

    I'm surprised nobody mentioned 2600's legal difficulties resulting from hyperlinkinbg to DECSS. Perhaps they can appeal and even counter sue now?

    --
    _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    1. Re:2600? by Dyolf+Knip · · Score: 2

      Well, our dear legislators have such a hard-on for 'harmonizing copyright law', they might as well harmonize the courts too.

      --
      Dyolf Knip
    2. Re:2600? by /dev/trash · · Score: 2

      How? 2600 is based inthe US. This was a Norway court that ruled.

  20. Re:could... by Tim+C · · Score: 2

    Yes, they could, but diplomatically speaking that is an absolute no-no.

    No sovereign nation would accept that sort of behaviour from another, especially not an ally. So whilst yes, the US government could have him kidnapped, it would be an astoundingly foolish thing to do, and almost certainly against international law.

    True, the US is far more powerful than Norway, but assumning that Norway is a member of the EU (I confess to forgetting exactly what countries are and are not), the EU would probably be bound to assist them. Trade relations between the EU and the US aren't exactly wonderful at the moment, and the EU is big enough that the US couldn't simply ignore it.

    As you are aware, the US government is currently very keen to keep other countries at least tolerant of their stance against Iraq; the last thing it would want to do is turn its allies against itself. Politics, like most things, is all about give and take - "I'll support you in this, if you support me in that". Kidnapping Jon would not help their cause in other, more immediately important areas.

    Bottom line - yes, they could, but no, they won't.

  21. Participate in the CNN Quick Vote! by mijok · · Score: 2, Interesting

    It's 90% "An act of intellectual freedom" vs. 10% "An act of theft" right now. Link

    --
    Karma. Moderation. Is my .sig good now?
  22. Re:Hip Hip . . .(not) by anonicon · · Score: 4, Informative

    Enjoy it while it lasts, Jon was found innocent because the laws in Norway haven't been updated to be in concert with the EUCD (Europe's DMCA), which Norway will have to be part of. Once the EUCD is implemented across Europe, his actions would be criminal and he would go to jail. FWIW, the American government is pushing hard for it to be implemented there. For more information on the EUCD, check out http://ukcdr.org/issues/eucd. For good examples of how the DMCA sucks, check out the EFF's unintended consequences list.

    Peace,
    Chuck

  23. Victory by E-Rock-23 · · Score: 5, Interesting

    And somewhere, echoing through the mountains of Norway, the Hallilujia Chorus is heard...

    Score one for the good guys. This counts as a big win for Linux users, as we now have a case to cite. While that might not mean much here in the United States, it is a shininhg example that not all circumvention software is intended for use in pirating.

    It also marks a major slap in the face for the MPAA, who needs one at the moment. They've been throwing their weight around too much the last few years, and it's about time they got put in their place. Now, all we need is a similar precident here in the US, and our rights to do what we want (privately, of course) with things that we buy will be ever the slightest bit safer.

    I happen to have the DeCSS code (and no, I won't send it along, so don't ask). I haven't compiled it yet. I kept it around in the event that my DVD ROM would go to hell (which it did), so that I could boot into Linux and simply watch my DVDs. I wasn't going to rip them, burn them and ship them off to my friends. I was just going to watch them. Now, I happened upon a DVD player for free, so I really don't need it at the moment. It's just nice to have around, just in case.

    --
    Blog Prophyts - Right On, Man
  24. Re:could... by acb · · Score: 2

    In theory, he published code which affects American nationals (i.e. the movie companies, corporations being considered "persons" under law), and thus could be extradited. Norway won't hand him over, but he should be very careful about not catching any international flights which stop in US-controlled airports.

  25. Wrong! by infolib · · Score: 3, Insightful

    since only two countries (Greece and Denmark) made the directive into a national law, it is no longer in effect.

    If you had actually read the Register story you would have noticed that "It's best to see this as a delay -rather than a derailment - of the controversial measures"

    The EUCD must still be implemented. Theoretically the member states who have not implemented this could be sued under the EU treaty (by the commission?) but since we are talking about all but two members this is not likely.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  26. Norway is not a member of the EU by Dusabre · · Score: 3, Informative

    Norway is not a member of the EU. The other nordic nations, that is Sweden, Finland and Denmark, are. European Union
    Norway is a member of Nato. Nato

    1. Re:Norway is not a member of the EU by krorvik · · Score: 2, Insightful

      No, but, having made a treaty of economic cooperation with the EU, Norway is obligated to implement most EU laws, including EUCD.

  27. Can they appeal by maroberts · · Score: 2

    Johansen is accused of a criminal offence (otherwise probation and jail sentences would surely not be mentioned in the article, and the public prosecutor would not be involved) and double jeopardy must apply - or are there no such rules in Norway?

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  28. Hope still by infolib · · Score: 2

    this means that I'm no longer being rebellious by wearing my T-Shirt with the De-CSS code on it, eh?

    There's hope still ;-) As far as i can tell from your homepage you live in the United States. Last time I checked Norway was not one of those. Considering recent american policy, this could quickly change though...

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  29. Re:Hip Hip . . .(not) by Anonymous Coward · · Score: 2, Insightful

    I don't know the laws in your country, but in Norway you get judged by the laws that are working at the moment you do something. The goverment can not pass any laws later and make you a criminal for what you have done when the law wasnt working.
    If Norway laws cet updated acording to the EUCD, and you have broken the EUCD before it was working in Norway, you will of course get judged by former Norwegian laws, not any new laws.

  30. Re:Hip Hip . . .(not) by Anonymous Coward · · Score: 5, Informative

    Nope, no, nei, wrong, error!

    Norway does not have to implement any EU directives whatsoever. Why? Because they are not a member of the EU

  31. Re:Hip Hip . . .(not) by Pofy · · Score: 2, Informative

    Ehhh, laws (normally) doesn't turn action illegal retroiactively. Only things done AFTER a law is introduced is affected by it.

  32. EU members by muyuubyou · · Score: 2

    I quite understand you're not sure about exactly what countries are and are not. For future reference:
    EU map

    Members are in yellow. In violet, the candidates. In dark violet, those about to enter.

    Don't count on Turkey entering any time soon - it's an islamic country and recently an islamic party took the government.

    As for Cyprus, the greek part was bound to enter, but having a turkish part they're gonna have it quite difficult.

    Schweiz/Suisse/Svitzera (Switzerland), Norge (Norway) and Ísland (Iceland) are quite european, regardless not having applied mainly for economical reasons. Their politics and social trends are european. (Swiss banking system is illegal in the EU ; Iceland and Norway may enter some time).

    1. Re:EU members by muyuubyou · · Score: 2

      Really? And I thought the EU I am a citizen of was supposed to something more than just a whiteboys' all Christian club...

      Not that I like it, but that's how it is: governments within the EU are supposed to be laic. Society is a different thing.

      BTW as European Citizen myself, I'm concerned about fanatism and especially islamic fanatism. I consider myself rather agnostic/atheist but no doubt, in practice and right now, there is no religious fanatism like islamic fanatism.

      It's not the only one, but man it's unmatched at number and strength.

    2. Re:EU members by October_30th · · Score: 2
      there is no religious fanatism like islamic fanatism

      Yes, and does the Turkey's Islamic party and its supporters look and act like fanatics? No.

      Having a large, friendly Islamic nation enjoying the economic and political strength of the union on our eastern border certainly beats having a large sulking, economically and politically isolated and unstable Islamic nation there.

      Isolation and economic instability feeds radicalism which, at present, is not a problem in Turkey. Given a chance, we will start seeing rabid hordes of religious fanatics there as well and this time the fanatics will be right next to our border.

      --
      The owls are not what they seem
  33. Norwegian laws protect what a consumer can do... by dpbsmith · · Score: 4, Insightful

    The article refers to "Norwegian laws that protect what a consumer can do with his or her own property."

    We need some laws like this in the United States.

    Laws that say "I bought it, I own it, it's MINE."

    More and more, corporations are attempting to retain control of their products after consumers have purchased them. This is not only unfair to consumers, it is profoundly contrary to the American tradition of property ownership.

    (And, yes, I understand the distinction between "purchasing" and "licensing." I object to the imposition of legal fictions that assumes "licensing" in situations where the commonsense reality is that the transaction is a purchase).

  34. Norway has NOT ratified new EU laws. by krorvik · · Score: 2, Informative

    Only Denmark and one other EU country has. So, under current interpretation, DeCSS is legal in Norway, as long as it is used for legal purposes. Using it for piracy is not.

  35. This could open for legal DeCSS in the US by nordicfrost · · Score: 2

    The ruling in favor of Jon is only valid here in Norway, of course. But if this case opens for fair use copying and use of the keys to watch DVDs on other players than approved, this could make for legal non-DVD CCS players in the US.

    The reasoning is simple; laws and rulings allowed in similar countries are assumed to be legal in other countries. I.e. a legally vaild marriage made in Norway is also recoginised as valid in the US. And vice versa.

    Unless there are specific rules against the use of this program, it may be assumed legal in the US too, since the Norwegian legal system approves of it. (Well, not completly and not yet.)

    This argument gets stronger if the Norwegian court has used the same basic arguments that a US court could have used. We are talking about the right to watch a DVD on any player you like and I'm sure there are rulings in the US that can back this verdict in the district court.

  36. Overturning-the-EUCD-HOWTO by infolib · · Score: 5, Interesting

    Since a lot of posts in this thread are about the European Copyright Directive (EUCD) I would like to give a brief summary:

    The EUCD has been passed. This means that the member states must implement it in their national legislation. They should have done so by Dec 22 '02 but only Denmark and Greece made it. Status reports here. Norway's not a member of the EU.

    The EUCD can be overturned in two ways:
    1. In the European Court.
    This means that somebody challenges the directive for being invalid under the EU treaty. It could be.
    It's hard to get a case before the European Court, so this would probably need backing by one of the member states. This is being looked into, but it's not easy.

    2. Through normal legislative process.
    The EUCD article 12(1) states that "Not later than 22 December 2004" the Commission shall report on the application of the directive. Regarding article 6 (The bad one) "it shall examine in particular whether that Article confers a sufficient level of protection and whether acts which are permitted by law are being adversely affected by the use of effective technological measures [DRM]. Where necessary, in particular to ensure the functioning of the internal market ... it shall submit proposals for amendments to this Directive."

    We definitely do intend to influence that report and have article 6 amended, but the entertainment industry is doing the same, so this isn't easy either.
    On the other hand the directive was forged with very little public attention to article 6, so nearly all attention on the case would be in our favour.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
    1. Re:Overturning-the-EUCD-HOWTO by yggdrazil · · Score: 4, Insightful

      Norway is not a member of the EU, but we are a member of the European common market through the EEA agreement. The EEA agreement commits Norway to implement all applicable EU law into its own without delay. Norway implements EU law into its own faster than any of the other 18 EU and EEA countries.

      But we have no influence on EU law, and can't vote for representaties which may influence the process. It's stupid, but that's what you get with a EU-ignorant population and a referendum.

      Read-only laws, we have no write permission. Activists which are EU citizens will have to try to change the EUCD for us, through their elected representatives.

  37. If a thief farts and noones there.... by nhavar · · Score: 5, Insightful

    If a thief breaks into your home and steals your CD/DVD collection should it be the MPAA/RIAA that files the report with the police. After all it's the MPAA/RIAA property that you are just licensing. Should it not then be their responsibility to replace your media since you still license it.

    --
    "Do not be swept up in the momentum of mediocrity." - anon
    1. Re:If a thief farts and noones there.... by nhavar · · Score: 2

      If the thief is stealing music/movies then he's automatically elevated to 'pirate' status.

      'I am de dwed piwate woberts!'

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    2. Re:If a thief farts and noones there.... by StevenMaurer · · Score: 3, Funny

      The MPAA/RIAA would love this interpretation of the law.

      That way, they'd never file a report, and you'd have to buy your CD collection all over again.

      No thanks.

  38. Check Yourself by Myriad · · Score: 2, Offtopic
    There is no such thing as a "loosing side". There is such a thing as a "losing side".
    Perhaps you were confused becouse "lose" is related to "loss" and "lost", each which has one 'o' and "loose" (as in your mother) rhymes with "caboose", "moose", and "goose". The only exception to this excellent rule of thumb is "choose". It isn't spelled with one 'o', is that "chose" is already a word.

    Perhaps you should run your own spell checker before submitting a criticism of another. It's a good practice, because if you don't you may look a little foolish.

    --
    "They do not preach that their god will rouse them, a little before the Nuts work loose." Kipling, 'The Sons of Martha'
    1. Re:Check Yourself by mmol_6453 · · Score: 2

      Are you a moderator?! Wow! I've never seen one post before.

      But seriously, he was trying to be funny. There's a difference of only a couple of bits between being considered funny or offtopic.

      --
      What's this Submit thingy do?
  39. Re:Norwegian laws protect what a consumer can do.. by Alomex · · Score: 5, Interesting

    The article refers to "Norwegian laws that protect what a consumer can do with his or her own property."

    We need some laws like this in the United States.


    Actually they do exist, hence the need for DMCA to turn them back. About a decade ago, a publishing executive told me they had never prosecuted people who photocopy books because lawyers had adviced them that property rights in the US likely allowed you to do so, and even to sell those copies so long as you didn't profit. "the last thing we need is a legal ruling making it official and unambiguously legal".

    He also mentioned that in most other countries this would not be the case, but that "the US has one of the strongest personal property laws out there".

  40. Re:Linux? by KjetilK · · Score: 3, Informative
    No, the verdicts just cites those things, goes on to say that the court cannot take them too seriously, as they are humorous and indicates irony (basically, the judge understood what ;) means, the prosecutor did not). The court didn't find that it was conclusively proved that DeCSS was mainly for Linux, but it also found that the prosecution had not given any proof to the contrary, which is their job.

    As for that quote, it was something Jon uttered after having been seriously flamed for having stolen Fawkus code, which Fawkus later said he had not.

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
  41. The Axis of Evil is expanding by hysterion · · Score: 4, Funny
    First Afghanistan, Iraq, North Korea.

    Now Norway.

    Is Massachusetts next? This is scary.

  42. HTML version by infolib · · Score: 2
    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  43. where's the problem by geoff+lane · · Score: 2

    as every dvd player ever sold "decrypts" the dvd in order to show the images, how can anyone be accused of doing exactly what is supposed to happen?

    if some people are so stupid as to miss use the keys they were allocated, leaving the data open for anybody who bothers to look for it, that's their problem, not some kid across the world's.

    1. Re:where's the problem by Sloppy · · Score: 2
      as every dvd player ever sold "decrypts" the dvd in order to show the images, how can anyone be accused of doing exactly what is supposed to happen?
      This is one of the subtle aspects of the DeCSS/DMCA situation in USA. DMCA defines circumvention as bypassing the technological measure without authorization from the copyright holder. Common sense is that after you buy a DVD, you either have authorization or you don't. So if using DeCSS is a crime, then watching a CSS-protected DVD on a licensed DVD player is also a crime. (After all, it was the manufacturer of the DVD player that bought a license, not the consumer.)

      The only way to reconcile it so that DeCSS is illegal and playing a DVD on a licensed player is legal, is if that "authorization" is highly conditional. As in,

      You are authorized to play our movie on equipment manufactured by a third party who has made a certain agreement with a certain other third party, DVDCCA. Any other use is unauthorized.
      Of course, you won't see any wording resembling that on any DVD for sale today. Not even in the "FBI warning."

      Which means that the terms of authorization (permission granted to a consumer by the movie studio) is not only both weird and complex and conditional on other third-party agreements that involve neither the copyright holder nor the consumer, but also secret! There is no way a consumer can possibly know whether they are breaking the law or not, unless they somehow get explicit permission in writing for every DVD they rent or buy.

      Maybe everyone who watches CSS-protected DVDs really is a criminal, and it's just being selectively enforced. (Yadda yadda Ayn Rand quote yadda yadda.)

      This is, of course, ludicrous. The DMCA situation is a mess and it's really a travesty that Kaplan treated it like a real law.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  44. Minor addition by infolib · · Score: 2

    Regarding option 2:
    Even after amending the directive, the national may not change "back" to "good" laws. They may be forced to, depending on the amendments, but in any case, some lobbying on the national level would be necessary. The result could be very uneven laws across the EU.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  45. Re:Hip Hip . . .(not) by den_erpel · · Score: 3, Informative

    AFAIK Norway is not a part of the EU, so they do not have to adjust their laws an accordance of the EU.

    They might implement it (in this case, I don't see why they should), but they certainly don't have to by any treaty.

    --
    Genius doesn't work on an assembly line basis. You can't simply say, "Today I will be brilliant."
  46. Re:Hip Hip . . .(not) by Drachemorder · · Score: 3, Informative

    That's true in America as well. The Constitution specifically forbids ex post facto laws, meaning that you can't pass a law and then convict people of breaking it before it was enacted.

  47. Re:Hip Hip . . .(not) by misterpies · · Score: 3, Insightful

    Even if Norway were in the EU, Jon couldn't go to jail -- EU law is purely civil, not criminal. So the most he'd be faced with is a whopping fine.

    --
    The author of this post asserts his moral rights.
  48. Re:IN SOCIALIST NORWAY by Graabein · · Score: 2
    Norway is also the only country in the world, together with Iran, that sports a priest as Head of State.........

    Not quite. Our head of state is King Harald and AFAIK he has never been ordained.

    You may be thinking of our Prime Minister, Kjell Magne Bondevik, who is indeed a priest (Lutheran Minister).

    --
    And remember kids: Never trust a computer you can actually lift.
  49. More on the verdict by pere · · Score: 3, Interesting

    I heard the verdict live on norwegian radio today. I havent read the statement yet, so the quotes might not be 100 percent accurate.

    First two comments.
    * The verdict can be appealed to "Lagmannsretten" (one step below Supreme Court) within two weeks. No statements yet in Norwegian media whether they will do that, but at least one legal expert "guessed" that they will not. The prosecutor (ØkoKrim - "Economical Chrime") will decide if they shall appeal, not MPAA!

    * Norway have not yet implemented the European Unions directive on copyright, but they will probably do it soon.

    Here is what I found interesting and amusing:
    The law they used is mainly about "breaking in" og "gaining access" to "stuff" that is not yours and that is protected. The original law is very old, but was changed (about 20 years ago?) to include digital information.

    Tha court mainly states that you cannot be convicted for breaking into something that is yours. (If you choose to break into your own car that is your prioblem, not the courts).

    It also states that the methods used for breaking into something (it specifically addresses "reverse engineering"-techics") isnt unlawful in themselves. They are just unlawful if you are not entitled to the information the protection is protecting.

    The next issue was that the keys themselves could be looked at as the information that was protected (not the content of the DVD). This is slightly more tricky, but firstly the judge said that the first key was not protected at all (this is clearly not breaking into anythin). Then she said that since the "real data" here is the movie, and that since he has the right to look at the movie, gaining access to the keys that protected this infomation could be not be regarding as unlawful.

    The last point was whether the reason wasnt looking at the DVD, but to illegally copy DVDs. Several examples for "real life" was used here. It seems clear that you cannot the held accountable (in Norwegian law) if you sell/distribute goods with an legal appliance, even if it is used illegally. (If you sell an axe, you are not responsible if someone uses the axe for murder). There is however legal precedence stating if you know that the intent is clearly illegal, you can be hold accountable, even if the goods in themself is lega. The judge used an example from Supreme Court where a person was convicted for selling equipment for destilling alcohol. He was clearly aware that it was used for illegal purposed, but claimed that each part for legal to sell.

    This means that if Johansen distributed/sold/developed deCSS when he knew that the main reason for this was to illegally copy DVDs, he could be convicted for that. Johansen claimed that his main reason was developing a Linux DVD player.

    The judge referred several IRC-logs, where Johansen made statements like "Linux sucks", "I wish that all Linux fanatics would be shot" and "FreeBSD rulez" (and an e-mail where he states that Linux is a very good OS, but FreeBSD is better). (Several in the courtroom started to laugh at this time, and the judge had to tell them to be silent). She also mentioned that he didnt have Linux installed at at the time, and that the only thing he developed was a GUI for Windows. However, the court did not find it proved - beyond reasonable doubt - the Johansens main reason was to develop programs that could be used illegally. He terefore falls in the same category as thos selling/distributing goods that can both be used legally and illegally.

    And as you all know: not guilty.

  50. Translation of certain excerpts by Kjella · · Score: 2

    ...closely following those in Norwegian here with my comments as well. Of course as most have noted, this is only the first legal trial and can be appealed, and I wouldn't be surprised if the prosecution appeals directly to the Supreme court. This is because it's very much about the legal interpretations of the laws, as the facts are very much clear. Given the same definitions as presented here, I'm sure another test of the case itself would lead to the same conclusion

    "Access to the movie:
    The court finds that the one who buys a DVD movie that is produced in a legal manner, has authorized access to watch the movie. The case would be different if the DVD movie has been produced in violation of copyright law. The owner of a pirate copy is thus not legally entitled to see the movie."

    Pretty basic, but establishes that I have a *right* to see the movie, which is far more than simply not being illegal. That goes a long way, because in order to have that right, the DVD must be decoded.

    "As previously mentioned (yadda yadda about various laws, things like fair use and personal copies). There will be different opinions about how beneficial (being able to DeCSS a movie) is to society, but that this is legal must from this be clear. The court therefore finds that DeCSS has legal as well as illegal uses."

    The core of the case. They state that there exist legal uses secured in law. Also it establishes a rather nice cause and effect that I like. Since those rights are secured by law, I can. Could be grounds for a battle after EUCD is introduced into law, if these paragraphs are still around, do they take precedence over any DMCAish paragraphs? Film at 11.

    Essencially it goes downhill from the prosecution from here. As the only illegal use would be to decrypt an already illegal copy (that is, 1:1 pirate copies like found in Asia), they have no proof of any such activity.

    This paragraph is a gem though:

    "...the court finds it not proven beyond a reasonable doubt that Johansen's intent with the development and publishing of the program was to contribute to illegal copying and distribution of DVD movies.

    The court is after this arrived at the conclusion that Johansen can not be sentenced for accessory to (obtain unauthorized access) to the movies. This is true even if Johansen was aware that the program could be misused. This will be equally valid for everyone trading in goods that can be used legally as well as illegally.

    That one is very important. If I create a decryption algorithm for anything else, even with the best of intentions, I'll know that it can be misused. But that's not illegal, at least not just yet.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  51. Re:Hip Hip . . .(not) by beef3k · · Score: 2, Insightful

    And for a teenager with little or no money, a "whopping fine" would be equal to a looong sentence indeed.

  52. Re:Norwegian laws protect what a consumer can do.. by Sodium+Attack · · Score: 4, Insightful

    Actually they do exist, hence the need for DMCA to turn them back. About a decade ago, a publishing executive told me they had never prosecuted people who photocopy books because lawyers had adviced them that property rights in the US likely allowed you to do so, and even to sell those copies so long as you didn't profit.

    Not very likely. Although whether one is profiting from copying does have some bearing on whether copying falls into the "fair use" exception to copyright, it is not the only thing considered. Copying entire books and selling them is almost certainly not fair use and thus illegal (if the book is copyrighted and you do not have permission of the copyright owner) even if you do not profit from it.

    There could be a number of other reasons why the publisher doesn't sue--most likely, because someone making and selling a handful of copies doesn't dent the publisher's profits enough to make it worth the cost of sending lawyers after the person doing the copying. If some organization were making and selling thousands of unauthorized copies--even if they were doing it without profit--you can bet the legitimate publisher would go after them, and the publisher would win, too.

    Also, keep in mind that unlike trademarks, copyrights can be selectively enforced without diluting the copyright--if they choose not to prosecute some copyright violations, it does not affect their copyright.

    IANAIPLBIDWWTOARB. (I am not an intellectual property lawyer but I do work with them on a regular basis.)

    --

    Never take moderation advice from sigs, including this one.

  53. No, and yes by Kjella · · Score: 2

    The EUCD has been passed. This means that the member states must implement it in their national legislation. They should have done so by Dec 22 '02 but only Denmark and Greece made it. Status reports here. [wiki.ael.be] Norway's not a member of the EU.

    We in Norway are not part of EU, but unless we veto it (about 0.0000% chance of happening) we must incorporate it into law as well due to the EEC (European Economic Cooperation)-agreement. Most likely it'll be in place sometime during 2003 last I read :(

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:No, and yes by infolib · · Score: 2

      unless we veto it (about 0.0000% chance of happening)

      You disappointed me there. At first glance i read that as 0.00002%...

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
  54. Re:What's all the hubbub.....bub by Des+Herriott · · Score: 2

    Not sure if you're trolling or just dismally stupid (or both!), but:

    You don't need to decrypt a DVD to copy it. What decryption allows you to do is 1) play DVD's on hardware not licensed by the DVD-CCA, and 2) circumvent region restrictions. In other words, to play DVD's which you have purchased on hardware which you own.

    As for the second paragraph of your post, it's irrelevant, rambling nonsense.

  55. Re:Norwegian laws protect what a consumer can do.. by Alomex · · Score: 3, Insightful



    Call me weird, but I'll take the publisher's executive word over you comments, in the abscence of any evidence to the contrary....

  56. Re:Hip Hip . . .(not) by Zemran · · Score: 4, Insightful

    You assume that the EUCD will become law... Although effected by business most European governments are democracies (unlike the US where only the super rich and big business run the country) and the same pressures do not work. I accept that Blair is too busy bending over for Bush to consider not doing as asked but Europe is much bigger than one country.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  57. Re:IN SOCIALIST NORWAY by Reziac · · Score: 2

    I may be misremembering, but isn't the English monarch also *technically* the head of the Church of England??

    Besides, who cares, so long as they do their secular job correctly!! Some will, some won't. Just like non-priests.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  58. Re:Norwegian laws protect what a consumer can do.. by Sodium+Attack · · Score: 2

    Well, I certainly can't blame you for that, especially considering that I'm just some anonymous poster who claims he knows something about copyright law.

    But if you're planning on actually copying books and selling them, I'd recommend you take neither my word nor that of the publishing executive, and check with a laywer first.

    --

    Never take moderation advice from sigs, including this one.

  59. Re:Hip Hip . . .(not) by LarsG · · Score: 3, Informative

    Yes, yup, ja, right, correct!

    Sorry that I have to tell you this, but Norway's deal with EU through the EEC deal force Norway to implement a lot of EU directives - including the EUCD.

    The Norwegian Department of Culture is expected to release a law proposal in february. If you want to do something about it, join Electronic Frontier Norway.

    --
    If J.K.R wrote Windows: Puteulanus fenestra mortalis!
  60. Information doesn't want to be free by commodoresloat · · Score: 2

    Informed people want to be free.

  61. Not a bigh shock by Black+Copter+Control · · Score: 2
    It kinda seemed to me that, doing this such a long time after the event, and with Jon having been so pleasantly recieved by the Norwegian parliment, one of the reasons to charge him might have been simply to get the friggin RIAA off of their backs.

    It is, however, unpleasant that Norway has introduced a version of the DMCA. Perhaps Jon can work to keep it from being passed.

    --
    OS Software is like love: The best way to make it grow is to give it away.
  62. Re:In other news, by Pig+Hogger · · Score: 2
    (reposted - slightly upgraded, account some asshole moron american moderator who obviously votes republican moderated it as flamebait)

    President George W. has suddenly announced a shift of his priorities towards the axis of evil.

    We have to take down those evil plunderers that operate in Norway; their court system has been subverted by pirate interests, and it is vital for the people of the United States of America that their court system be brought back into line.
    Over the years, we have endeavoured hard to establish a system of movie studios that spew forth endless amount of low-cost propaganda that, when fed to the gullible masses of unamerican people abroad, makes them establish a preference for the american way of life, enabling us to slowly subvert those other countries so they will toe our line of global domination.
    If the accessory revenue stream generated by such a subverting entreprise would be curtailed, like by means where private studio intellectual could be pirated or just even fairly used, the cost of such subversion would have to be borne by the American taxpayer, and as a firm believer in the non-existence of ths State to protect the right of the rich to profit, pillage and plunder, I cannot have this happenning.
  63. The GUI was vitally important to the case by yerricde · · Score: 2, Informative

    [Jon] never wrote DeCSS, he merely wrote a GUI.

    Actually, the fact that he did write a GUI is highly relevant, at least to the MPAA v. 2600 ruling. The DMCA's "circumvention device" provisions (17 USC 1201(a)(2) and (b)) are entirely about how the device is packaged and marketed. The tool was supposed to be a proof of concept for one component of an independent software DVD player on the Linux platform, but because the Linux UDF support wasn't finished, he wrote the GUI on Windows rather than Linux, and the most obvious use for DeCSS on windows was to decrypt VOB files for copying rather than for playback. He should have waited until Linux had working UDF and some other components of a player such as an MPEG-2 decoder, an AC-3 decoder, and a menu bytecode interpreter before releasing the DeCSS component for that player; such a delay would have rendered 2600's "reverse engineering for interoperability" defense stronger.

    --
    Will I retire or break 10K?
  64. No evidence of piracy? by geekee · · Score: 2

    "The court ruled there was "no evidence" that either Johansen or others had used the decryption code (called DeCSS) for illegal purposes. Johansen therefore couldn't be convicted on such grounds, nor for acting as an accessory to other alleged illegal activity, wrote judge Irene Sogn in the court's ruling."

    The prosecution must have really sucked. People routinely use DeCSS to decrypt dvd's, convert the content to lower quality video, and burn onto a cd-rom or share on p2p networks. Probably difficult to actually find someone doing this given the anonymous nature of the internet however. Impossible to get an ISP to give up the name of a violator.

    --
    Vote for Pedro
  65. Re:Norwegian laws protect what a consumer can do.. by Dirtside · · Score: 2
    Arithmetic according to C: float x = 3.14159; float y = 1/2 * x; Value of y? zero.
    I can't tell if this is facetious or if you think there's really something wrong with C, but I'll explain in case of the latter.

    Order of operations dictates that the 1/2 is resolved before the * x is resolved. 1/2 is 0 in C because 1 and 2 are integer types by default (and you can of course convert them to floats, or use 0.5 instead). So first the code divides (int) 1 by (int) 2, and gets 0. Then, 0 * 3.14159 is still 0. Change it to float y = x * 1/2; and it'll work.

    If you did know this, and were just being silly, then nevermind. :)

    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  66. That's right by Gorimek · · Score: 2

    In Sweden, and I'm sure also Norway, either side can appeal a verdict to a higher court. And then appeal that to the supreme court, but they only take special ly significant cases.

    But there is no double jeopardy in the sense that they can't start a new trial from scratch once you've been acquitted.

  67. Congrats or Gratulerer by Joey7F · · Score: 2

    Gratulerer means congratulations in Norwegian, so I suggest that we wish Jon a hearty "Gratulerer".

    --Joey

  68. Re:Norwegian laws protect what a consumer can do.. by Alomex · · Score: 2


    Thanks. I do know why it is zero, according to C evaluation rules. My point is that the result is mathematically counterintuitive and hence potentially bug inducing.

  69. DeCSS plug in? by Felinoid · · Score: 2

    So will he now be able to host all the dvd decss plug in's for all the Linux dvd players?

    --
    I don't actually exist.
  70. Re:In other news, by Pig+Hogger · · Score: 2
    When the two of you finish your degree from Harvard, then you have earned the right to criticize the leader of the free world.
    Until then, shut the fuck up.
    You fucking fascist nazi. The idea of democracy is that EVERYONE IS EQUAL, no matter if they went to harvard or not.

    Asshole.