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DeCSS: Jon Johansen Acquitted In Retrial
EssJay writes "DVD-Jon is acquitted in the retrial. The verdict was expected in January, but was announced today in the papers." We had posted about the retrial beginning - it's a good holiday present to get this early.
Does anyone else get a warm feeling when someone who didnt break a law DOESNT get convicted of it? Everyone breathe a sigh of relief now. Maybe we wont all get jailed if someone steals a knife from our home then kills someone else with it. Hurah for Freedom.
With this decision, perhaps people will be brave enough to go after the bad provisions of the DMCA. While intended to protect copyrighted material the DMCA has been used to stifle research, threaten researchers, prevent disclosure of security bugs and all but make reverse engineering illegal. I believe that the United States needs it's own "DVD-Jon" that will show people that the DMCA is an ill considered poorly written law. So far when the DMCA has been brought into force against teachers, the people pressing charges have backed down. Thus the law stands and there is no clear lightening rod get the publics attention.
The US needs a DVD-Jon - any takers?
AngryPeopleRule
"Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
The new ruling was made by a panel of three professional judges backed up by four lay judges, two of whom had technical expertise relevant to the case.
Why can't trials in the US (especially regarding technology) be overseen by judges with relevant expertise? Doesn't that seem like an obvious component of having a fair, just ruling?
Sono koro, bokura wa, sore ga sekai no shinjitsu da to shinjite ita.
Why does the press always uncritically report that DeCSS "cracks DVD copy protection codes"? It is clear that CSS is about preveting changes to region coding and the extraction of media. It doesn't prevent copying of the original DVD in any way, shape or form. As long as the DVD industry can sustain the spin that CSS is about copy protection they are winning the hearts and minds war.
How can we get the press to report these issues in a more intelligent way?
The case might also be escalated to the Norwegian supreme court, for a principal ruling. However, I am not sure that the MPAA would want that to happen, as that would be a definitive ruling affecting all similar cases in the future, and with the firm rulings of the two lower courts, it's highly unlikely that the Norwegian supreme court would rule differently.
They do definately not want that to happen, but they have very little choice. Since the prosecution can appeal, it will set precedent if they choose not to appeal. Unlike the US, where I understand you must be found guilty all the way up to the supreme court to ever get there, since any aquittal is final. Yes, it does suck for DVD-Jon. But for the rest of us, it means that a precedent will be set at the first possible opportunity, not with some poster child case for the prosecution.
The Norwegian economic crime unit is getting major egg-on-face factor out of this. They've spent 4 years prosecuting a single teen individual with two straight losses in court. This is like an advanced task force that's supposed to deal with organized crime, fraud, embezzlement, stock scams, anti-cometitive behavior, corruption, money laundering and so on. Yes, "computer crimes" is also defined as one of their specialities, but I think everyone but themselves think that going after DVD-Jon is shooting sparrows with a cannon. Which makes it all the more embarassing when they fail.
I think they will try to appeal - simply because they have nothing to lose. If nothing else, just to delay this becoming a final precedent until after the EUCD has been implemented, making the ruling primarily of historical interest. Though I'm sure it will be interesting to see the same argunents about what legal rights you have compared to the legal limitations of the EUCD. Either way, congratulations to DVD-Jon. That this ruling was made already now (wasn't expected until mid-January) is a clear sign, that the prosecution's arguments were quite sternly rejected.
Kjella
Live today, because you never know what tomorrow brings