DeCSS: Jon Johansen Retrial Begins

JPMH writes "Jon Johansen is back on trial for DeCSS. Despite the acquittal back in January, the Norwegian Economic Crime Unit (OKOKRIM) is allowed to bring his case back before an enlarged panel of judges. The retrial begins today."

Comments

Most worrying bit::

[rhs98]

Most worrying bit: "If Johansen's acquittal is over-turned on appeal, it will become illegal for Norwegians to bypass DVD region code restrictions or technical restrictions that prevent fast-forwarding over advertisements, or otherwise circumvent digital controls on their own property," said IP Justice Executive Director Robin Gross.

This is really not good for peoples civil liberties at all - it sucks! This will mean lots of people will get sued potenially.

Re:Most worrying bit::

[zerocool^]

Yeah, whether people want to acknowledge it or not, the larger issue for the Norwegian people is:

If you purchase something, and you own it, can the company who created it, but who no longer owns it, put restrictions on the manner in which it can be used?

For my most chafing U.S. example, it is illegal to copy and distribute a movie. But, legally, do you *have* to watch the FBI warning at the beginning of the movie?
If you ask me, there should be no point in a DVD at which you cannot skip ahead, fast forward, or hit menu to get out of the current section of the disc.

~Wx

Re:Most worrying bit::

[Zocalo]

I couldn't agree more. Unfortunately in a move that I can only class as idiocy he's just released details on breaking Apple's iTunes admittedly rather weak DRM system. It's almost a given that the defense lawyers that were doing the high-fives as they realised they could use this a proof of Johansen's blatant disregard for copyright. I mean, seriously, would it *really* have hurt to have waited another couple of weeks to see how things went in the retrial?

I wish him luck in the trial, and boy do I think he's going to need it now.

It's Norweigan Law

[harriet nyborg]

The charges OKOKRIM filed against Johansen were brought under the Norwegian criminal code section 145.2, which outlaws bypassing technological restrictions to access data that one is not entitled to access. Johansen's prosecution is the first time that this law has been used to prosecute a person for accessing his own property.

this is misleading.

according to the complaint filed against him he was charged with vilolating section 145.2 of the Norweigan criminal statute "which outlaws bypassing technological restrictions to access data that one is not entitled to access."

according to the criminal complaint he was charged with accessing the master key, the master key list, as well as the contents of a protected disk.

the question is whether the master key, and the master key list, which are intentionally encrypted, can be considered as data he is not "entitled to access."

to say he is being prosecuted for "accessing his own property" is simply shrill hyperbole.

despite the confidence expressed by his lawyer, his case is not so clear cut.

Prosecutor doesn't know algorithms

[rRogta]

Here's from a norwegian newspaper:

http://www.aftenposten.no/english/local/article. jh tml?articleID=682755

If you scroll a little down you'll find:

According to newspaper VG's web site, the
technical nature of the case led to judge Wenche
Skjaeggestad asking the prosecutor to explain the
meaning of the central term 'algorithm' (a
computational procedure applied to solve a
problem), a request eventually satisfied by one
of the expert assessors.

Now, who could expect the prosecutor to actually understand what it is he's beeing charged of? That would just be silly..