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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.

104 of 457 comments (clear)

  1. At last - now lets hope we can all move on by Anonymous Coward · · Score: 5, Insightful

    Let us hope this finally means we have a right to decrypt data media which we own a licence to watch.

    Common sense 1, recording industry, nil

    1. Re:At last - now lets hope we can all move on by KjetilK · · Score: 5, Informative

      I've not read the verdict, but according the news reports, that is exactly what the court thinks. If it is yours, any obstacle towards using it is illegitimate and may be circumvented. It sounds quite good. But it may only last untill EUCD is implemented...

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    2. Re:At last - now lets hope we can all move on by Anonymous Coward · · Score: 5, Insightful

      I think you misunderstand what the case was all about. The ruling means that Jon did nothing wrong by creating software that cracked the DRM, not that anyone else has the right to use it. This is the same as trying to prosecute Merck or its chemists for creating Oxycontin. What people do with technology is not the responsibility of its creator.

    3. Re:At last - now lets hope we can all move on by NickFitz · · Score: 4, Insightful

      Maybe it does, if you live in Norway...

      From what I read here at /. those of you living in the USA shouldn't hold your breath as long as you have the motion picture and music industries controlling your legislature :-(

      --
      Using HTML in email is like putting sound effects on your phone calls. Just say <strong>no</strong>.
    4. Re:At last - now lets hope we can all move on by IdleTime · · Score: 5, Informative

      The court also said that the limitations printed on each DVD was not legal and that they looked more like a private law addendum that severly limited your legal rights according to Norwegian Copyright laws. It also said there is a huge difference between copying a relatively brittle media like a CD compared to a more durable media like a book. The law gives you a clear and unstoppable right to make private backup copies and an encryption or copy protection schema is directly hindering you in executing your legal rights, hence Jon was aquitted.

      --
      If you mod me down, I *will* introduce you to my sister!
    5. Re:At last - now lets hope we can all move on by arth1 · · Score: 5, Informative
      Let us hope this finally means we have a right to decrypt data media which we own a licence to watch.

      It appears to mean just that in Norway, at least.

      While Norway isn't a member of the European Union (EU), they are -- like Switzerland -- a member of the European Economic Cooperative (EEC), and laws are quite often synchronized across EU+EEC. This might have influence on, if not directly affecting, how EU laws will be interpreted.

      EEC seems to be one of the three remaining venues of appeal for the MPAA and its lackeys in this case -- it's hard to imagine how this ruling could be anti-competitive in nature or otherwise impart European trade rules, but it's a possibility.

      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.

      The third venue of continued legal action would be to charge Mr Johansen according to US laws in the US, because the GUI for DeCSS that he published was made available on the US market. Let's hope that Mr Johansen has learned from the Skylarov case, and won't be stupid enough to visit the US in the near future.

      Regards,
      --
      *Art
    6. Re:At last - now lets hope we can all move on by julesh · · Score: 4, Informative

      But it may only last untill EUCD is implemented...

      The UK EUCD implementation grants specific requirements that mean you must be allowed access to an unencrypted copy of the data if you have a legitimate reason for needing it... unforuntately the procedure for enforcement of this is ridiculously complicated (you must complain to the home secretary, IIRC).

      I'm not sure how it'll work in norway, but I'd hope there would be some similar provision.

    7. Re:At last - now lets hope we can all move on by Anonymous Coward · · Score: 2, Informative

      IIRC Norway is not a part of the EU.

    8. Re:At last - now lets hope we can all move on by Anonymous Coward · · Score: 5, Funny

      You're right! We better just invade Norway and stop this unamerican cyberterrorist crap right now.

    9. Re:At last - now lets hope we can all move on by Anonymous Coward · · Score: 3, Informative

      The People of Norway repeatedly refused to join the EU. However, the Government of Norway had little choice but to join the European Economic Space, which is EU+Norway, and basically means that Norway has to implement all "interstate commerce" directives but has zero decision and bartering power with respect to the wording of these directives.

    10. Re:At last - now lets hope we can all move on by BenTels0 · · Score: 3, Informative
      However, the Government of Norway had little choice but to join the European Economic Space,

      Area. In English, it's called the European Economic Area (I know it's confusing at times; it's called "space" (Ruimte) in Dutch as well). And Norway had every freedom not to join -- it's just that at the time Norway was expecting that it WOULD shortly be joining the EU. That is, after all, what the Area was all about: a stepping-stone to full EU (then EC) membership.

      which is EU+Norway

      I'm sure Iceland for one appreciates this one....

    11. Re:At last - now lets hope we can all move on by BenTels0 · · Score: 5, Informative
      But it may only last untill EUCD is implemented...

      That doesn't seem particulalry likely. The central reason that Johansen was never found guilty was that he didn't write or distribute this software with the purpose of violating copyrights (as in making copies and redistributing) but for enabling premissible use (i.e. making the damn things readble under Linux after you spent good money on them). That use remains permissible and Artible 6, sub 4 of that same Directive states that both governments and industry must see to it that it remains possible to take such permissible actions and that circumventing copyright protections for such purposes can never be a violation.

    12. Re:At last - now lets hope we can all move on by the_mad_poster · · Score: 2, Informative

      What right is this that people keep talking about?

      In the U.S., and a few other countries I know of, it's generally been the case that you are ALLOWED to make a backup copy of digital media, but you do not have the RIGHT to it. That means that if you can, you may, but if they implement some assinine "protection", things like the DMCA can kick you in the nuts for making your copy.

      In fact, our sister company determined, about a year and a half ago, that, according to German law, German consumers DO NOT have a right to make backup copies (only that they may if they have the option) and, therefore, they were going to proceed with the sale of "protected" compact discs. They're not going to go engaging in a business practice that's going to put them in a courtroom on the obvious losing end of a lawsuit, I can tell you that. To date, nobody has managed to prove that what they're doing infringes on anyone's rights.

      The long and short of it in most places seems to be that if you buy damaged (er... protected) media, that's just too fscking bad. You don't like it, then don't buy it anymore. Unfortunately, all the little children keep running out to buy Shitney Spears and the Buttfuck Boy Band Brothers' latest garbage, keeping up sales, and keeping the gooey, DRM goodness flowing.

      In other words, as usual, the people who know what's going on are being trampled by the idiots who use dollar bills to wipe their asses and can't follow a thought process more complex then the instructions on a "shake 'n bake" box.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    13. Re:At last - now lets hope we can all move on by 19usc2462bH · · Score: 2, Informative
      While Norway isn't a member of the European Union (EU), they are -- like Switzerland -- a member of the European Economic Cooperative (EEC),

      No, Switzerland is a member of EFTA, the European Free Trade Association. Switzerland is also the only member of EFTA that is not a party to the EEA (European Economic Area), which it is usually called, not EEC. EEC stands for European Economic Community, which is now EC, the European Community. (The name was altered by the Maastricht treaty establishing the European Union.)

      The EFTA members which are parties to the EEA are Norway, Iceland and Liechtenstein. Sweden, Finland and Austria were previoulsy members of EFTA before joining the EU in 1995.

      The Norwegian "green paper" on the implementation of the EUCD/Infosoc is available online, as a PDF file, but it is in Norwegian. This is just draft-draft legislation, asking for the opinion of various affected parties (a "hearing"). The final draft has yet to been issued. Norway has not yet implemeneted the EUCD in its copyright act.

      The decision-making process leading up to the passing of the directive 2001/29/EC (EUCD) can be found at PreLex.

      The status of the passing of the EUCD in various nations can be tracked.

      An appeal to the Supreme Court is possible on legal grounds (i.e. wrongful interpretation of the penal code) and faulty legal proceedings, however, the acquital stands unless the case is remanded and a whole new trial takes place.

    14. Re:At last - now lets hope we can all move on by IdleTime · · Score: 3, Insightful

      By Norwegian Copyright Laws, you have the RIGHT to make backup copies of your legally purchased stuff. This is, as you said, substanially different from many countries copyright laws.

      Personally, I think it is only fair to have a law to protect your rights in this area. I'm only protecting my investments. By storing originals off-site, i.e bank-vault, I can restore my huge CD collection after let's say a fire or water damage since I only use the copies at home.

      --
      If you mod me down, I *will* introduce you to my sister!
    15. Re:At last - now lets hope we can all move on by amanpatelhotmail.com · · Score: 2, Funny

      But it may only last untill EUCD is implemented

      And how long before EUCD gets cracked?

    16. Re:At last - now lets hope we can all move on by Pofy · · Score: 4, Informative

      Actually the EUCD may, or may not apply, depending a bit on how each country implement the directive.

      Here we are dealing with accessing the DVD, there is nothing in it that prevents making a copy of the DVD (it will end up as an encrypted copy as well of course), but the "protection" does not prevent copying in any way, only access.

      The EUCD deals with circumvention of protection that deals with copyright issues. For example copying which is a right the copyright holder has. Accessing a work is NOT something exlusive to the copyright holder and hence not an issue of copyrights.

      If you look at the Swedish implementation (or suggestion for it at least), they make exactly this reasoning and the implementation only deal with protection that deals with copyright rights. Encrypting something for example, is not such a thing (nor is for example region coding, which is also specifically mentioned). Hence you can circumvent or do whatever you want in that regard.

      Some EU countries might implement it differently and also include access protection but that is NOT a necessity under the EUCD.

    17. Re:At last - now lets hope we can all move on by BenTels0 · · Score: 2, Insightful
      The EUCD deals with circumvention of protection that deals with copyright issues. For example copying which is a right the copyright holder has. Accessing a work is NOT something exlusive to the copyright holder and hence not an issue of copyrights.

      Except that the process of accessing a DVD entails making a copy in memory of successive sections of it. Just like with computer programs, where a copy in active memory is made from what is stored on the harddisk, which is itself a copy of what was on the installation medium.

    18. Re:At last - now lets hope we can all move on by Pofy · · Score: 2, Interesting

      Such copies of temporary nature (the definition is more complex) are excepted from the exclusiveness of the copyright holder. That is, you are allowed to do them (especially if needed to use the original copy). Hence, such copying is not in violation of copyright and not protected for circumvention either.

  2. Re:DVD Jon by Soporific · · Score: 5, Funny

    More blank DVD's I would think.

    ~S

  3. excellent news by Indy1 · · Score: 4, Interesting

    at least there's one country where corporate fascists cant buy everything. I hope the prosecuters are fired afterwards, wasting tax payer's money to shill for a bunch of scum bags in suits is hardly in the public interests.

    --
    Lawyers, MBA's, RIAA? A jedi fears not these things!
    1. Re:excellent news by StupidGoose · · Score: 5, Informative

      IANALBIAAN.
      (I am not a lawyer, but I am a Norwegian.)
      Actually, I think the norwegian justice system is more corporation-friendly than the american one.
      For example the MS anti-trust trial - it would never happen here. Inside trading, etc., is often ignored as well.

    2. Re:excellent news by Indy1 · · Score: 3, Informative

      well at least your appeals court doesnt whole sale agree with the corporatists. Here in the US, we have a company (directv) that will sue you simply for owning a smart card programmer. And unless you have a few hundred thousand dollars laying around handy, your only option is to get extorted for $2000 (i think thats the current amount they are extorting for). All because one greedy corporation decided that any one with a smart card programmer must be pirating their crap.

      Thats the US (in)justice system for you. Of big business, by big business, and for big business.

      --
      Lawyers, MBA's, RIAA? A jedi fears not these things!
    3. Re:excellent news by arth1 · · Score: 5, Insightful

      Being Norwegian *and* a long time resident of the US, I believe you both are in error when you state that you believe that the Norwegian laws are more friendly to corporations that in the US.

      Norway is almost completely free from lobbying and leading politicians being stock market investors. You won't find a _single_ senator in the US that doesn't have a million dollar income as well as substantial connections to one or more industries. In Norway, you won't find a _single_ stortingsmann or judge who has a million dollar income or vested interests in large corporations -- hell, even the prime minister is a clergyman with a sub-$50k income when not being a politician.

      It's very difficult to buy yourself a law in Norway, while it's the only way to create or change laws in the US. Norway is governed through legislation, while the US is governed through litigation.

      The two cultures are a world apart, and it's simply uncomprehensible to the average Norwegian just how different things are, and how protected the Norwegian citizen really is. Just as it's incomprehensible to the average American, who is unable to differentiate concepts like socialism and communism, or understand how values without a monetary value can pre-empt any economic claims.

      True, Norway is still slowly drifting towards American attitudes, but the drift is very slow, and the cultural chasm between the two cultures is so vast that it's hard to compare the two in any meaningful way in any near future.

      The word "greed" sums it up pretty well - in Norway, greed is still considered a sin, and not something to be proud of, even if present to a small extent in individuals and a larger extent in corporations. In the US, greed is considered a driving force, and not only normal but necessary, both for individuals and corporations.

      Regards,
      --
      *Art

    4. Re:excellent news by $ASANY · · Score: 2, Insightful
      As impressed as I am with your description of how well the political system in Norway works, I just can't fathom a system where prosecutors are able to appeal a "not guilty" verdict in a criminal court. After you're aquitted, are prosecutors able to attack you again and again until they get a verdict they like?

      Maybe it's the US that's becoming more like Norway. If you're aquitted in a criminal trial here, prosecutors will throw civil litigation at you for denying someone's "civil rights" for the same issue involved in the criminal trial they lost. In the end, if the state has it out for you, they'll eventually screw you, and they'll find some extra-constitutional way to make it happen.

      Maybe it's a good thing DVD-Jon wasn't subjected to our current version of civil liberties after all.

    5. Re:excellent news by vidarh · · Score: 2, Insightful

      No, they can't keep attacking you. They can appeal twice, the second appeal is to the supreme court and is very limited in scope: Usually the supreme court will pick only a very limited number of cases for review, and the ones picked will usually be reviewed only on a basis of application of law or procedural issues, while evidence and findings of facts from the lower courts are likely to stand more or less unchallenged unless grave errors are uncovered.

  4. Re:Aftenposten article by bluedream · · Score: 4, Informative

    Umm.. wasn't that link posted in the article?

    --
    savethedollhouse.com
  5. Warm Fuzzys by 0mni · · Score: 5, Interesting

    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.

    1. Re:Warm Fuzzys by Salgak1 · · Score: 2, Interesting
      . . .but only if you keep your knives in a government-approved Knife Safe, otherwise you were "negligent". Even the butter knives.

      It's a good thing we don't get ALL the Government we pay for: can you imagine policies like this with COMPETENT Government employees and enforcement ????

  6. Re:Aftenposten article by Anonymous Coward · · Score: 2, Funny

    Good thing you repeated the URL to the article in the post. If not I am sure I would have missed it.

  7. not fair -- best of out 5!! by jdesbonnet · · Score: 5, Funny

    Hey, do you think they'll give up after only two retrials?

    1. Re:not fair -- best of out 5!! by lars_stefan_axelsson · · Score: 5, Informative
      Hey, do you think they'll give up after only two retrials?

      They have to. The next higher court (the "highest court") is the last stop. No case can go further. If the high court decides to hear it (as they probably should) then it becomes a precedent.

      P.S. And they aren't retrials per se. The Norwegian, and Swedish, legal systems allow for a maximum of three trials in succedingly higher courts. And only the highest court can set a precedent.

      Also, no plea bargains, no jury (only laypersons that sit for a longer term), no bail, and the state pays for your lawyer of choice who can claim according to a set (fairly generous) standard (there are no criminal attorneys that operate outside of that system).

      --
      Stefan Axelsson
    2. Re:not fair -- best of out 5!! by StormReaver · · Score: 4, Insightful

      "Also, no plea bargains, no jury (only laypersons that sit for a longer term), no bail, and the state pays for your lawyer of choice who can claim according to a set (fairly generous) standard (there are no criminal attorneys that operate outside of that system)."

      So far I like this system much better than our (American) system. Can the State drown the defendant in prosecuting lawyers whereas the defendant is only entitled to one lawyer, or it is one prosecutor and one defender?

    3. Re:not fair -- best of out 5!! by arth1 · · Score: 4, Informative
      No bail? To lock you up all the state has to do is accuse you, or am I misunderstanding?

      They can lock you up for up to 48 hours before they need a court order for an arrest. Unless there's specific reasons for keeping the alleged perp interned, like destruction of evidence or risk of fleeing the country, the suspect is almost always released without bail (which doesn't exist) while awaiting trial.
      And fleeing is simply unthinkable for the average Norwegian -- not only is the culture different, but there's no state borders to hide behind to avoid prosecution, like in the US. You'll have to go to a different country, where you won't have papers, and thus it is almost certainly easier to just face the court system in Norway. I'd think that the average Norwegian would rather be a prisoner in Norway than a fugitive anywhere else in the world.

      Regards,
      --
      *Art
    4. Re:not fair -- best of out 5!! by lars_stefan_axelsson · · Score: 5, Informative
      Can the State drown the defendant in prosecuting lawyers whereas the defendant is only entitled to one lawyer, or it is one prosecutor and one defender?

      Well, I don't know the specifics about Norway, but in Sweden it is one prosecutor. However, he is also formally the head of the police investigation team, so he has some help there also. As such he has a sworn duty to try and find the truth, and hence if he uncovers anything that would tend to exhonorate the defendant he has to take that into account in trial as well (i.e. has to make it known to the court), so at least in theory he's (to some small extent) working for you in court as well, though in practice it may not be perfect.

      Note though that the prosecutor is a civil servant, i.e. not elected, so you won't see "show trials" just for the publicity. Prosecutors are fairly anonymous people here.

      Also, there's often another lawyer on the prosecutors "team", that's there to represent the interests of the victim, not the state, in cases where damages to the victim may be awarded (we don't typically do a separate civil suit for that, though there's nothing stoping it in theory). Thus the verdict can come down as "three years in prison, a fine and damages paid to the victims). I don't know if that's done in the US?

      It's not a perfect system. But on balance it's not a bad system either.

      --
      Stefan Axelsson
    5. Re:not fair -- best of out 5!! by lars_stefan_axelsson · · Score: 3, Informative
      No bail? To lock you up all the state has to do is accuse you, or am I misunderstanding?

      Well, not really. The police can question you for 6+6 hours (you have the right to the lawyer of your choice), and then they have to press some form of charges. After that a "custody hearing" has to take place "as soon as possible, though no later than 48 hours after being taken in custody". There a judge will decide if the case against you is strong enough to go to trial at all (at that time), or if the charges are severe enough and there is sufficient risk of flight or disturbing the investigation, that you should remain incarcerated pending trial.

      So it's not unlike the US system only that there is no bail. In the cases were a US judge would deny bail a Swede would be held in custody, and in the cases where the US judge would say "bail set at", the Swede would go free, withouth having to pay any bail.

      If the trial comes out "innocent", then you will be compensated (quite handsomely) for the time spent incarcerated, so it's a form of bail in reverse. You don't pay to stay out of jail, you get paid to spend time in jail. :-)

      Also, if you haven't been convicted of a crime you won't see any other prisoners, there's no "drunk tank" or similar here. You get single accomodation, both when arrested and in jail. So there's no risk of "innocent" people being forced to spend time with real criminals.

      --
      Stefan Axelsson
    6. Re:not fair -- best of out 5!! by lars_stefan_axelsson · · Score: 2, Funny

      Pining for the fjords are we? :-)

      --
      Stefan Axelsson
  8. Odd... by IngramJames · · Score: 5, Funny

    Let me get this straight:
    a court of law has ruled against the big media companies and for the little hacker guy who wrote a cool C++ program to let us all watch DVDs that we legally own?

    Was Rod Sterling seen anywhere near the court, at all?

    --
    'No rational religion claims "supernatural" exists, that's an atheist slander.' - seen on slashdot.
    1. Re:Odd... by Anonymous Coward · · Score: 3, Interesting

      In Norway the tradition is for the courts to tell the big companies to fuck off.

      A case with a faulty component in a VCR even landed in the supreme court and the "little guy" won.

      The judges are not elected but hired and our politicians are not easily bought in a society with so few peope.

      What they lack in corruptability they make up for in naivety, though, so it evens out.

  9. reverse engineering legal in Norway again by cluge · · Score: 5, Interesting

    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.
    1. Re:reverse engineering legal in Norway again by Indy1 · · Score: 3, Interesting

      I'd pity any American (Disclosure: i am an US citizen) who would take on the DVD-Jon role right now. Between the MPAA, RIAA, and Ashcroft and the republican regime, there probably would be no end to the dirty tricks and massive thought crime prosecution that would result. Hell its only a matter of time before people making mp3's are declared copyright terrorists and sentenced to lengthy jail terms in cuba :)

      --
      Lawyers, MBA's, RIAA? A jedi fears not these things!
    2. Re:reverse engineering legal in Norway again by jorlando · · Score: 2, Insightful

      "The US needs a DVD-Jon - any takers?"

      are you kidding? without dmca and under a more open atmosphere kevin mitnick was accused of being capable of start a nuclear war using a pay phone and a whistler and stoling code from sun that worth 1 billion (the prosecution said it, the same code that you could buy at the time around US$300)

      the russian guy... the one that cracked adobe pdf, spent days in the jail without proper defense

      with that paranoia what do you think that would happen to a DVD John in the US? the miserable fella would be charged of theft, terrorism (trying to break american companies out of business)...

      IF he was tried probably would be in guantanamo...

    3. Re:reverse engineering legal in Norway again by EinarH · · Score: 4, Insightful
      The US needs a DVD-Jon - any takers?
      I can't think of why any sane person would want to take on such a case in US.

      1. The risk is way too high. In Norway DVD-Jon risked _maximum theoretically_ two years in a nice prison and a fine of a 250000 NOK ($37000). In USA I would think that the stakes are significantly higher; several 5-10(?) years in prison and millions in expenses.

      2. The lawyer cost in US would be much higher. The Norwegian state pays all of Mr. Johansens bills. In USA you would have had to sell your kidneys.

      3. Judges and a expert jury ruled in this case. In USA the whole case would have been decided by a non-technical jury influenced by media and excellent RIAA/MPAA lawyers. Good luck.

      --

      Melius mori in libertate quam vivere in servitute.

    4. Re:reverse engineering legal in Norway again by tommck · · Score: 5, Insightful
      Between the MPAA, RIAA, and Ashcroft and the republican regime

      Yes... there are NO democrats in support of the DMCA...

      Let's see... the DMCA was proposed by DEMOCRAT Senator Fritz Hollings of South Carolina. A Democratically controlled Senate passed the law. (Granted, the house was Republican-controlled at that time.)
      A DEMOCRAT President (Clinton) signed the DMCA into law...


      Those damned Republicans!

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
  10. It's not a retrial by KjetilK · · Score: 5, Informative
    It's not really a retrial. IANAL (but I am Norwegian), but I think retrials happen when the Supreme Court finds that a lower court has messed up badly. This was an ordinary appeal process. In Norwegian courts, both parties can appeal, and the police appealed the previous acquittal, so it was sent to a higher court, which rejected the appeal.

    It's not quite over yet, the police can appeal to the Supreme Court, which may or may not decide to hear it. The ultimate humiliation for the police would be if it was appealed but the Supreme Court decided not to hear it. But given the amount of beating the police has had in this case, they would be pretty fanatical to even think about appealing.

    But yeah, it didn't take them too long, the case was apparently quite easy for the judges.

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
    1. Re:It's not a retrial by bwz · · Score: 5, Informative

      In US (I think this is from the UK legal tradition that they inherited) aquittal by Jury means no appeal for prosecution while in the "rest of the world" (where there are usually no juries) both prosecution and defense have more similar possibilities of appeal.

      In at least Sweden (where I am from) aquittal by the jury means no appeal for the prosecutor, but jury trial is only used in "freedom of press" cases such as libel.

      Further, It is not the police that prosecutes a case, but rather the "publics prosecutor" (I suppose like a district attourney in the US) or in this case a special "public prosecutor" tasked with a specific type of crimes.

      These prosecutors work closely with the police though, and directs much of their work.

      Erik

      --

      Has it ever occurred to you that God might be a committee?
      --- Jubal Harshaw
  11. Good things about Norway by Nakanai_de · · Score: 5, Interesting
    ...or, more specifically, its judicial system:

    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.

    1. Re:Good things about Norway by EinarH · · Score: 4, Informative
      Actually, one of the judge-experts was a guy from Linpro, a Norwegian consulting firm and the leading Linux company in Norway.

      In a case like this I would rather stand in front of a judge with a jury consisting of experts rater that "clueless" non-technical fellow citizens.

      --

      Melius mori in libertate quam vivere in servitute.

    2. Re:Good things about Norway by joonasl · · Score: 2, Informative

      I'm from Finland and I believe that the Norwegian justice sustem similarly to the Finnish one follows the Germanic juridic tradiotion, where the anglo-saxon "jury" institution is not widely used. In fact most of the judgements are passed by professional judges and in the few cases where a jury is used is in cases where the judgement is done by a panal of judges. The panel has allways more lawyers than laymen.

      --
      "There is a terrorist behind every bush"
    3. Re:Good things about Norway by RevMike · · Score: 2, Informative
      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?

      Defendants in criminal cases have the ability to waive the jury and submit to a "bench trial", in which the judge is both the finder of law and the finder of fact. It is a tactic used very frequently when the case turns on something very subtle, and the defendant believes the jury might be confused. Judges have extensive experience dealing with subtle and confusing issues.

      There are ways to get a bench trial in civil cases as well, but I'm not sure of all the rules.

  12. No surprise here... by tuxette · · Score: 5, Informative
    The prosecution didn't come up with anything new in this appeal, at least not anything that could contribute significantly to the case. It was a "no-brainer" for the judge and jury.

    A few points that are in an article in Norwegian and not the English article (translated directly, I'm not responsible for journalists' errors):

    • 40-bit crypto is too weak (export maximum); you need a minimum of 64-bit; CSS is 16-bit
    • Johansen was not required to used "authorized" equipment to play the DVD.
    • You have the right to take a copy of the DVD for private use.
    • It is not illegal to break the copy-protection code.

    Unfortunately, despite a second humiliation, I have a feeling they're going to appeal this to the Supreme Court. And waste more taxpayer's money.

    I wonder if Inger Marie Sunde is going to take another "sabbatical" now, like last time hehe...

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
  13. Next lawsuit already in planning.. by Anonymous Coward · · Score: 5, Funny
    Immediately after the trial, Oekokrim prosecutor Inger Marie Sunde commented:

    Norway is a den of copyright criminals. Make no mistake; we in Oekokrim and our new best friends from the MPAA won't give up our holy fight to take avay the evil fair use rights from the Norwegian movie fans just because our holy cause suffered a minor setback today.

    Indeed, another criminal right up Johansen's alley is already under investigation and will be brought to justice soon. This criminal mastermind is known as VHS-Lars.

    There is reason to believe he has has connections to Osama bin Laden, too.

  14. Re:Aftenposten article by Anonymous Coward · · Score: 2, Funny

    Dude, this is slashdot. You expect people to RTFA or even RTFP ?

    You must be new here ....

  15. Justice At Last by ajs318 · · Score: 5, Insightful

    DVD Jon has done nothing wrong. Now it's official that he has done nothing illegal either. Fair play to him and his supporters, and sorry it's taken so long.

    I think British copyright law, EUCD notwithstanding, explicitly allows what Jon did, but the wording is a bit convoluted and non-obvious and would need testing in court.

    Still, it reaffirms the common-sense position that it is not a crime to use goods you own for their intended purpose, even if in the course of so doing you are required by circumstances to invent a tool.

    --
    Je fume. Tu fumes. Nous fûmes!
  16. Reverse engineering and Windows by Anonymous Coward · · Score: 2, Funny

    Does this open the way to reverse-engineering *any* software? Could we, for instance, go to Norway and reverse-engineer Windows?

    While it is not particularly well-written software, I'm sure we could learn many things from the source code that we could use in Open Source Software/Free Software/GNU/Linux. I'm thinking specifically the GUI and Windows' tip-top TCP/IP stack.

  17. Re:So what, So what's your fcking point ? by Anonymous Coward · · Score: 2, Insightful

    The point is that DVD John isn't going to prison. Who's cares about what happens in the USA ?

  18. Some nice things from the verdict by KjetilK · · Score: 4, Informative
    I haven't yet read the verdict, but some details seems to come out now. From the largish norwegian paper VG, I'm trying a translation:
    DVD-films are stored on a medium which is prone become damaged. For that reason, it is very different to copy a movie from a book or a periodical, it says in the verdict.

    The court also makes clear that a prohibition against copying as printed on the film cover will limit consumer's legitimate rights as granted by section 12 of the copyright code.

    "This practice can be compared to private legislation, and can disturb the balance between interests that the law builds upon," said the judge.

    This is good, especially the last paragraph. Apparently, the verdict makes it clear that the film industry is infringing on people's rights, not the other way around. It also makes it clear that any "you owe us your first-born" licenses or restrictions is null and void, and even ought to raise some eyebrows with legislators. It makes it clear that the entertainment industry is trying to take legislator's jobs away from them, by themselves setting all the rules. That ought to make legislators slightly upset, I would assume...

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
  19. Well Done DVD-Jon .... by leoaugust · · Score: 4, Informative

    Well Done DVD-Jon

    Never give in, never give in, never, never, never, never, in nothing, great or small, large or petty, never give in except to convictions of honor and good sense.

    There is a beautiful Gallery of CSS descramblers by Dr. David S. Touretzky (Carnegie Mellon University).

    His site is a gallery devoted to representations of a piece of software that has been deemed illegal because it can be used to break through the copy-protection system on DVD movies.

    "It never occurred to me that someone would actually try to prevent people from publishing code that they wrote," he said. "The idea just struck me as so deeply offensive that I felt I had to do something about it."

    To make his point about free speech, he offered several exhibits from his gallery, including a description of the DeCSS code in plain English and a T-shirt on which the code was printed -- both of which could be considered illegal under the copyright act.

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
  20. Re:So what? by AllUsernamesAreGone · · Score: 4, Funny

    And? Oh yes, I keep forgetting, the only things beyond the boundaries of the Great US are ghosts and vampires..

  21. Good, but... by akiaki007 · · Score: 4, Insightful

    This is good. Very good news. BUT, this is in Norway, and it does not change much for those of us in the US. Yes it does help, because if he was prosecuted, then the MPAA would have won outright, but because he was not, the rock has been chipped. Now only if the US courts would see it as logically as the Norse courts do, then all would be grand. Then again, nothing here is ever done logically. I can't wait for this to really impact the MPAA.

    --
    "Time is long and life is short, so begin to live while you still can." -EV
    1. Re:Good, but... by Zoshnell · · Score: 2, Funny

      Obviously you haven't been watching Norwegian Prime Time sitcoms lately! Norse Court is a hilarious take on Night Court, a popular mid 80's(I think, i was only 6 or 7 when I remember the show) about a wacky judge, a defense attorney, a prosecutor, and a large balding strong man bailiff and their wacky adventures with Nordic law! Norse, on at 8 PM every weekday night on sky 2 or whatever you guys have out there!

      --
      "Do you suppose that's why God lives in the Heavens? Because he lives in fear of His creations?" - Steve Buscemi
  22. Oh for the love of... by Locky · · Score: 5, Funny

    And I just registered freedvdjon.com !
    Who would have thought the courts would rule correctly? :(

  23. Should be able to copy our own DVD's by AtariAmarok · · Score: 5, Insightful

    We should be able to copy our own DVD's, especially in countries like Canada, where if you buy a blank DVD*R, you pay a tax on it based on the assumption that you WILL copy. In places like this, if you are allowed to copy, you are getting your money's worth for the tax.

    --
    Don't blame Durga. I voted for Centauri.
  24. Why visit the U.S.? by AtariAmarok · · Score: 5, Funny

    " why would -any- european want to visit the US these days?

    Why else but to stock up on cheap Region 1 DVDs to take home and copy!

    --
    Don't blame Durga. I voted for Centauri.
  25. If all else fails... by the_ph0x` · · Score: 2, Funny

    The Chewbacca Defense:

    Ladies and gentlemen of the supposed jury, I have one final thing I want you to consider: this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. That does not make sense!

    Why would a Wookiee -- an eight foot tall Wookiee -- want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense!

    But more importantly, you have to ask yourself: what does that have to do with this case?

    Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense!

    Look at me, I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense.

    And so you have to remember, when you're in that jury room deliberating and conjugating the Emancipation Proclamation... does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense.

    If Chewbacca lives on Endor, you must acquit! The defense rests.

    --

    ---
    ps -aux | grep mind
  26. Backups allowed by Anonymous Coward · · Score: 4, Informative

    The whole verdict can be found here (norwegian): "http://www.vg.no/pub/vgart.hbs?artid=206926"

    "a DVD-record is a fragile media that may be damaged, thus the buyer must be entitled to make a copy, for-instance of a film that he wants to preserve".

  27. When will the press learn? by threeturn · · Score: 5, Interesting
    Good news, but the quoted article annoys me.

    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?

  28. Some additional info from the court by pkaral · · Score: 5, Informative

    I was in court for the defence procedure, and here is some additional info:

    DVD Jon was charged with breaking a rule in the Norwegian penal code that makes it illegal to "break a protection ... and thereby gain illegitimate access to data" (145,2). This is a different part of Norwegian law than that which deals with protection of Intellectual Property. The defence argued that this rule was a continuation of the old one that protected the secrecy of letters and other forms of communication, and that a movie therefore is not "data" according to this law. As far as I understand, the court did not concede this.

    However, the crux of the case ended up being the term "illegitimate access". The court decided that there is nothing illegitimate about breaking a protection to gain access to something you have bought. An important part of this is that in Norway, the labels that distributors stick on DVDs, CDs and software are not binding for consumers (more explicit consent is required for binding agreements). If the labels were binding, the access would have been illegitimate. Luckily for Jon (and for freedom of information), this is not the case.

  29. Re:Socialism and communism are the same by arth1 · · Score: 5, Insightful
    According to Marx, they are the same. He used both terms interchangably.

    And nothing has happened since then?
    Libertarianism and capitalism as distinct terms didn't exist when the US was founded, but they are now both recognized. Just as socialism, communism (and various derivates like socioliberalism) have developed since the times of Marx and Engels.

    Regards,
    --
    *Art
  30. Wrong, by 60% by Orne · · Score: 5, Informative

    CNN did a study earlier this year, to check the personal finances of American Senators. The reason behind this is, due to new campaign finance laws, if you decide to privately fund your campaign, you are not held to the free speach restrictions telling you when you may broadcast your commercials... but I digress.

    At the time (Jun 13), only 40 out of 100 were millionaires, with 22 of those Republican and 18 of those Democrat. Of the same group of 40, 6 were Women and 34 were Men. The top 3 wealthiest are all Democrat.

    From a blurb at the bottom, there are at least a few "common" people in the Senate... "at least 10 senators reported net worths of less than $100,000." Still a substantial salary in my opinion.

    Not surprisingly, the founding fathers had a more "ogliarch" view of government. Benjamin Franklin believed that if the Senators were not given a salary, then only the wealthy could afford to spend their free time governing the nation. He was voted down, and congress instituted a salary of $6 per day.

  31. Re:Socialism and communism are the same by Gumshoe · · Score: 4, Informative
    Socialism and communism are the same. According to Marx, they are the same. He used both terms interchangably.


    a) Marx didn't invent communism he only co-wrote the Manifesto with Engels. So what Marx has to say on the subject isn't the last word.

    and

    b) The communism Marx was talking about is very different to the Communism you have in mind; the latter being better described as Stalinism.
  32. sigh... by mekkab · · Score: 2, Informative

    get your facts straight. I hate it when people reference the McDonalds coffee case and don't know what the fuck they are talking about.

    Here are some details:
    What the jury didn't realize initially was the severity of her burns. Told during the trial of Mrs. Liebeck's seven days in the hospital and her skin grafts, and shown gruesome photographs, jurors began taking the matter more seriously. Even more eye-opening was the revelation that McDonald's had seen such injuries many times before. Company documents showed that in the past decade McDonald's had received at least 700 reports of coffee burns ranging from mild to third degree, and had settled claims arising from scalding injuries for more than $500,000.

    POSTSCRIPT - Following the trial of Ms. Liebeck's case, the judge who presided over it reduced the punitive damages award to $480,000, even though the judge called McDonald's conduct reckless, callous and willful. This reduction is a corrective feature built into our legal system. Furthermore, after that, both parties agreed to a settlement of the claim for a sum reported to be much less than the judge's reduced award. Another corrective feature.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
    1. Re:sigh... by FuzzyBad-Mofo · · Score: 4, Informative

      Actually it was found that while the McD coffee was hot, it was at a lower temperature than a typical cafe's coffee.

      I'm having a hard time believing this statement. I worked for McDonald's around 1991-1992, and the coffee we served there was incredibly hot. As in, let it cool for 30 minutes with the lid off, and it might not blister your tongue. I'd be interested to know the actual conditions and research data for the comparison you describe, it sounds to me like doctored evidence.

    2. Re:sigh... by mekkab · · Score: 2, Flamebait

      Uhm, first of all: HAHAHAHAHAHA! Cry me a river! Your poor wittle high school couldn't afford a baseball team! WHAHAHAHAHAHAHA!

      Second of all: Do the research. McD's coffee Temp: 180 degrees. Its competitors? 155 degrees.
      Thats a major temperature differential.

      AS for the millions? The woman sued for 20,000 (her medical bills). The jury awarded millions, the judge reduced to 200k, THEN She and McD's settled (they would have appealed, otherwise) most likely for medical bills and court costs. Where are the millions?! Moron.

      YOU are whats wrong with america. You are stupid, you don't do any research, and all you do is bitch.

      --
      In the future, I would want to not be isolated from my friends in the Space Station.
    3. Re:sigh... by ad0gg · · Score: 2, Informative
      Yawn.

      Your brewer should maintain a water temperature between 195 - 205 degrees Fahrenheit for optimal extraction.

      the temperature should be maintained at 180 - 185 degrees Fahrenheit.

      From National Coffee Association of USA So what exactly did McDonalds do wrong? It served coffee at recommended temperature for taste. They broke no laws. Why should they pay for her medical bill? Did they jump in her car and force her to spill coffee on herself?
      --

      Have you ever been to a turkish prison?

    4. Re:sigh... by geekoid · · Score: 3, Insightful

      When a manufacturer knowingly continues a practice that is harmfull, it will become liable.

      McDonalds was aware that at the temperature that they served coffee was dagerous, and that people had burned them selves so bad, it required medical attention, and time in the hospital.

      It is reasonable to expect people to spill coffee, as such, you better be sure it's not going to put them in the hospital.

      Very few people taste anything thats 185 degree farenhiet, because it will burn your tounge.

      The suit is not that coffee was spilt, but that the coffee was dangerous. Do you think if you bought a cup of coffee, spilt it on yourself, it would be reasonalbe to have to go to a burn ward for a week?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  33. Re:Norway is not a socialist nor a communist count by lars_stefan_axelsson · · Score: 2, Funny
    Norway has been a democratic, capitalist country ever since it broke free from despotic royal rule in the early 1800s.

    Well, then, thanks for not referring to the events in 1905 as "breaking free from despotic royal rule".

    Don't mind you slagging the Danes though. :-)

    --
    Stefan Axelsson
  34. As a side note ... by value_added · · Score: 2, Insightful

    I thought I'd point out that I always enjoy coming across a post where the writer identifies himself as being from such and such country (i.e., not from the U.S.). Not only do such posts provide everyone an opportunity to reflect on that country's culture and history, but also such posts often distinguish themselves by being well written. More specifically, they seem to lack the spelling and grammatical errors commonly found in posts made by those whose native language is obviously English.

  35. Re:Socialism and communism are the same by vidarh · · Score: 2, Insightful
    According to Marx, they are the same. He used both terms interchangably.

    Bullshit. Go read the Communist Manifesto, where Marx and Engels devoted a whole chapter to denouncing various forms of socialism, some he explicitly connected to reactionary or utopian movements, making it very clear that these forms of communism in Marx' and Engels' eyes were the wrong direction and would not lead to a communist society.

    The terms socialism and communism are used in a few different ways in Marx' works depending on whether he is writing about economic, politics or philosophy, but the general difference is that Marxist socialism denote a political and economical system in which you have the dicatorship of the proletariat (where the working classes use the power given by their numbers to oppress the capitalist classes, with the goal of gradually taking away the means of production from the capitalists, forcing them to join the proletariat - or working classes - by virtue of no longer being able to survive by living of the works of others), whereas communism is a society where the nationstate has lost all political power, and "withered away" to become purely an administrative extension of the communes, and thus not exist in the capitalist sense of "state".

    In terms of politics, the terms socialism and communism were frequently used by Marx' as expressions of the policies required to bring forth socialist and communist societies.

    Socialism was by Marx' seen as a necessary precursor to communism.

    I'd love to see how you think you can justify claiming that Marx' used the terms interchangably.

  36. The beauty of the Norwegian system... by Kjella · · Score: 5, Interesting

    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
  37. Re:Any Norwegian Attorneys in the House? by geoffspear · · Score: 2, Insightful

    What kind of idiot would appeal his own not guilty verdict? The point of an appeal is to ask a higher court to change the decision of a lower court. If he wanted to be convicted he would have plead guilty.

    --
    Don't blame me; I'm never given mod points.
  38. BBC's treatment of this is disgusting! by Quietti · · Score: 4, Informative

    See for yourselves. Say what you want, but it appears that, after Tony Blair, the BBC has also become a laquay of American propaganda. How long before UK is annexed by the Land of the Non-Free?

    --
    Software is not supposed to be about how to work around a useability issue. - Ken Barber
    1. Re:BBC's treatment of this is disgusting! by cherad · · Score: 2, Insightful

      To me that reads as a fair and balanced news article. They have repesented both sides of the case with no opinion given.

      I think perhaps you read slashdot too much.

  39. Re:Leninism is dominant form of Marxism. by Gumshoe · · Score: 3, Insightful
    Ever hear of the communist parties of Russia and China?


    Do you not suppose those parties had a political agenda? Can you say the word, "propoganda"? The only connection between the Stalinists and Marx was that the former used the latter's Manifesto as a tool to convince the proletariat that they were an actual communist party. It's a classic example of Stalinist doublespeak; and you've fallen for it!

    You probably know very few Marxist scholars


    I don't know any as it happens. I've encountered several though.
    I've talked to many, including those who claimed to dislike Stalinism, but then they say they love what Castro has done in Cuba (which is an example of Leninism/Stalinism).


    I fail to see how expressing admiration for Cuban communism is the same as stating that Marxism is the same as Stalinism. Are you going to cite references or not.
  40. Re:Frivolous McDonald's Lawsuit by jd142 · · Score: 3, Informative

    This is a textbook example of a poster not knowing the full story.

    McDonald's was repeatedly warned that it was serving its coffee hotter than it should -- close to boiling. They were told to serve their coffee at a more normal temperature. When the woman received third degree burns to her thighs because McDonald's repeatedly refused to. All she did was remove the lid to add her cream and sugar and received third degree burns. Think about that.

    "She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.

    During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard."

    So, McDonald's knew they were serving their coffee too hot, they'd been sued before, and now a woman who removed the lid to add cream and sugar had to had skin grafts as a result.

  41. Bunner case by Markus+Registrada · · Score: 5, Informative
    This result bears on the Andrew Bunner trade-secret case in California. That court found that since the trade secret was (supposedly) illegally obtained, Andrew Bunner and several hundred "John Does" had acted improperly in posting it.

    At the trial the question came up whether in fact the reverse engineering involved was legal under Norwegian law. They called for opinions from Norwegian lawyers. The plaintiff trotted out a tame lawyer who asserted (without any support) that it was not legal. The defendant's lawyer said nothing in Norwegian law or case law supported any opinion one way or the other. The judge took that to mean that in fact it wasn't legal.

    Now that it's established that in fact it was legal, Bunner et al. should be able to have the decision vacated. (Shame on that judge.)

  42. Re:Any Norwegian Attorneys in the House? by rworne · · Score: 2, Informative

    Unlike the US, if you are aquitted in Norway, the prosecutor can appeal the aquittal up to two more times. Jon did not appeal at all. IIRC, the prosecutor still has one chance at appealing to Norway's highest court. So he may not be out of the woods quite yet.

    --
    I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  43. Legally, perhaps not... by Kjella · · Score: 2, Insightful

    This is good. Very good news. BUT, this is in Norway, and it does not change much for those of us in the US.

    ...but it does mean that I can put up DeCSS tools on any Norwegian homepage, and not have it pulled because it is a legal, reverse-engineered tool. If the US invents some new draconian CSS2+ ultra super with sugar and cream, you can buy one of those, take it back to Norway and hack the hell out of it. Look at that QTfairuse program for iTunes, ever noticed that there is no iTMS in Norway yet?

    Yes it does help, because if he was prosecuted, then the MPAA would have won outright, but because he was not, the rock has been chipped.

    Quite frankly, between this and the recent KaZaA ruling in the Netherlands, the RIAA/MPAA have pretty much completely failed to outlaw the tools which may enable piracy. Look out for an US invasion of Europe to stop the intellectual terrorism (previously known as piracy) soon... Along with the recent DMCA subpoena ruling, their failure is near complete. And on the technological side, the average connection speed and cost/gb is steadily improving.

    In addition, a lot of work is being put into developing better P2P nets, both when it comes to performance (multi-source downloads, uploads of finished blocks), encryption (RSA, AES strong asymmetric and symmetric crypto), file integrity (MD5, SHA hashes), file validiity ("web of trust"), anonymity (Freenet and WinNY + that ant-type program here on slashdot) and so on. The RIAA is not winning, they're losing on pretty much all fronts. The thing that keeps them running is that people want to support the artist. Nothing more, nothing less.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  44. McDonald's Law? by Black+Pete · · Score: 4, Interesting

    Shall we now have a version of Godwin's Law, where every time the McDonald's coffee case is brought up, the thread is automatically over? It seems that on /., *every* time this case is brought up, it devolves into a "her fault!" vs "not her fault!" flamewar. Every time.

    PS (even though it defeats what I said above): Nice selective quoting. The reason why the judge lowered the punitives is because she was found partly at fault in this case.

    1. Re:McDonald's Law? by mekkab · · Score: 2, Interesting

      Yes! McD's Coffee Law! ;)

      Good point re: the selective quoting. Remember, this thing is saved as my Slashdot PGP signature (thats how often this shit comes up)- and MY point initially was that "This woman DID NOT get millions from this. Why? The judge lowered it, because the JUDGE has that power."

      My intention wasn't to say who was at fault, or wether she should or shouldn't have sued. Its to show that there are some internal balancing mechanisms in the legal system. The additional implication hinted at by saying that "McD's and the woman settled for a sum far less" is that McD's had the right to appeal.

      --
      In the future, I would want to not be isolated from my friends in the Space Station.
  45. Re:More Info On The Frivolity by Paisley+Phrog · · Score: 3, Informative

    The stunned cow put the soft foam cup between her legs and drove off. Guess what happened when she hit a bump?
    Absolutely nothing, because she wasn't driving; the car was stopped when it spilled.

    "After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.)"

    The McD coffee is sold at 185F (IIRC?) where it tastes better and stays warm longer.
    And is also undrinkable. Coffee made at home is 130-140 degrees. Coffee at 185 degrees will cause third degree burns in 2 to 7 seconds.

    I'm not promoting either end of the case, really, just an accurate representation of the facts. Check out this link..

    http://www.lectlaw.com/files/cur78.htm

  46. Re:Frivolous McDonald's Lawsuit by Rinikusu · · Score: 2, Informative

    So.. 700 "cases".. out of how many cups served from 1982-1992? Billions, I'd gather. You are statistically more likely to get hit by lightening, run over by an Amtrak, or contract some sort of VD. So, you're saying that McDonald's should *change* something that obviously millions of other customers had no problem with on a daily basis just to satisfy the 700 fucking morons who don't understand "boiling water is hot"?

    Let's also look at the situation:
    Woman pours (accidentally) scalding water/coffee into her lap while traveling in a car pool (a moving car is not conducive for keeping liquids in a stable state). She removed the top to add her cream and sugar, rather than waiting for the car to stop, thus increasing the potential for spillage. She was wearing fleece tights, which absorbed the material and held the liquid close to her skin. When asked if she needed to stop and remove her tights or try to dry them out, she refused and allowed the car pool to continue, meanwhile the still hot liquid COOKS her skin. So, her failure to ACT after her accident also contributed to the problem and her subsequent injury.

    700 people out of billions served got "burned". Think about that.

    --
    If you were me, you'd be good lookin'. - six string samurai
  47. Why the EEA agreement sucks by Kjella · · Score: 4, Interesting

    Area. In English, it's called the European Economic Area (I know it's confusing at times; it's called "space" (Ruimte) in Dutch as well). And Norway had every freedom not to join -- it's just that at the time Norway was expecting that it WOULD shortly be joining the EU. That is, after all, what the Area was all about: a stepping-stone to full EU (then EC) membership.

    The original EEA, which was a deal between EU and EFTA, was a rather good agreement between two both fairly large European organizations, e.g. in the joint court there'd be 2:3 EFTA:EU judges. It wasn't directly designed as some kind of "trial EU membership", not in that sense, but of course it laid the groundwork for even tighter integration and most people looked at it as a stepping stone.

    However, the whole balance of power shifted in 1994, when most of the other countries joined the EU. You can almost say they merged. Only Norway, Iceland and a couple others you need a magnifying glass to see on a map were left "outside", in EFTA. We turned it down with about 53% no, so was a close call. They got a lot bigger, we got a lot smaller. And with EU expanding, it is shifting even more.

    Ever since that time, it's become more and more like a leash. Where is was once thought that in case of a disagreement, both sides would hold reasonable power to dispute it, we're now getting directives slapped at us with a "take it or leave it", with the joint force of EU behind it and only a slumbering veto power paragraph if we disagree.

    Some of our politicians tout our independence (as independent as being a speck of dust instead of a rock in a storm) and have in general a very inflated view of Norway's role on the international scene. No, being so small, insignificant and without commercial interests that we make good neutral peacemakers is NOT a sign of power!

    I think Norway should either get in EU, or get out of EEA. Preferably in EU. But what we have today, is pretty much the worst of both worlds, stuck in a limbo, that yes, we didn't expect to be in. At least within EU we'd be a voice in the choir, right now our situation reminds me of a Calvin&Hobbes strip. Calvin is out looking at the stars, gazing out in the great depths. Then he yells "I mean something". And then in the final scene "...roared the speck of dust". Translated it back from Norwegian to English, so not sure if I got it literally correct. You get the picture.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  48. They'll just retry him by tundog · · Score: 2, Funny

    Becuase in Norway, "if at first you don't succeed, try, try again" ;)

    --
    All your base are belong to us!
  49. Wow by pclminion · · Score: 2, Funny
    Wow, I really wish I could live in a country where it's impossible to sleep at night, due to fear of a prosecuter dragging me back into court over an offense I'd already been acquitted of.

    What a bastion of individual freedom you've got over there.

  50. C? C++? by Zone-MR · · Score: 2, Informative

    Wasn't DeCSS actually written in Perl?

  51. Little primer on the US system by Sycraft-fu · · Score: 2, Informative

    Since you asked. This is in no way exhustive. You legal system is more complex than you tax codes, but here is the basics:

    In a criminal trial the prosecution is represented by government lawyers. Generally, there are two of them one primary and one backup. They are not police officers but are officers of the court, which means they are sworn to find the truth. Like in Norway, they must present exculpatory evidence if they have it. Doesn't meant they always do, but that's what the law says they have to. The defense is represented by whatever team of lawyers they like. If they can't afford one, the government will give them one, but not one of their choice. A defendant can also represent themselves, if they wish.

    The right to trial by jury is gaurenteed and a defendant will always be allowed to have a jury trial if they wish. In a jury trial the judge is the judge of law and the jury is the judge of fact. That means the judge decides what is admissable as evindence, keeps things in order, and instructs the jury as to the relivant law. It is then the discression of the jury as to if the evidence in fact supports a conviction. In all jursidictions I am aware of, a defendant may request a bench trial, meaning no jury, the judge becomes both the judge of law and of fact.

    We have a multi-level appeals system, however only the defense may appeal. If at any time any level finds the defendant innocent, it's over. They can never be charged for that crime again, period. Also, the standard for proof is fairly high in a criminal trial. The defense needs to prove nothing, only try and dismantle the prosecution's proof. The prosecution must prove "beyond a reasonable doubt" that the defendant is guilty. Generally speaking, a criminal trial is only to decide punishment and fines under the law, not for a victim.

    Now civil trials are quite different. The government doesn't have to be involved in bringing a civil suit. The victims can directly sue their victimizer. Both sides can hire whatever lawyers they wish. The burden of proof is much lighter as well, it is to what is called a perponderance of the evidence. More or less it means that your evidence was a little more convincing than the other guy's. The jury then decides if any money is owed and how much. Also different with civil trials is appeals, either side can appeal the verdict on a number of grounds. In fact, it is not uncommon to see BOTH sides appeal the same decision.

    Civil trials can happen independant of criminal trials, or in additon to them. The outcome can also be different. OJ Simpson was prosecuted in a criminal trail for murder. The state failed to prove its case and he was aquitted. However the families of the victims then sued him for wrongful death, and won a large amount of his assets.

    When you hear US ./ers bitching about the legal system, it is usually the civil system they are talking about. Due to it's lower burdens and ease of filing suits, it has been getting abused lately, particularly by big corperations. The criminal system is much more akin to yours in that only the government may bring a criminal charge and they have much tougher rules to follow.

  52. Re:More Info On The Frivolity by Deagol · · Score: 2, Informative
    I hate myself for jumping into this...

    The temp at which coffee is made surely must be hotter than which it is served. Maybe people are mixing "made" and "served" in this thread because they're in a hurry.

    Sure, my wife makes my coffee with boiling water in the French press. If she ever served me boiling coffee, I'd have a few choice words for her. :)

    Also, 180F really is way too dangerous to use for normal household use, nevermind the waste of heating power to maintain it. I set my water heater to 140F and I think I'm pushing it. 120F seems to be the accepted standard, and with good reason, I think. But you do have the right to use your water heater as you see fit, and GE should not be held responsible if you scald yourself using your 180F water from one of their water heaters.

    But still... 180F?!?

  53. Re:Frivolous McDonald's Lawsuit by BryanL · · Score: 2, Insightful

    I'm not taking sides in the argument, but if McDs had settled with other comlpainants for more money (as another poster claimed) why did they not settle for $20,000 in this case? Just curious if anyone knows.

  54. Re:More Info On The Frivolity by arth1 · · Score: 3, Insightful
    Coffee made at home is 130-140 degrees. Coffee at 185 degrees will cause third degree burns in 2 to 7 seconds.

    Only in the land of the brave.
    Other places, coffee is supposed to be brewed at 197-205F (92-96C), and served at no lower temperature than 176-187F (80-86C) for regular coffee and a few degrees lower for espresso.
    McDonald's coffee, if it was 185F, was served according to the recommended temperatures. If they were at fault, it would be by serving the coffee in cups not appropriate for drinking hot coffee from.

    Never ever should coffee be served at as low a temperature as 130-140F, and definitely not made that way -- you can't possibly get the flavour out of beans that way, and what you end up with will have little to do with coffee.

    Regards,
    --
    *Art
  55. Norway's Judiciary Seems to Make Sense by serutan · · Score: 2, Insightful

    "a panel of three professional judges backed up by four lay judges, two of whom had technical expertise relevant to the case."

    In the USA, cases like this end up before our Supreme Court -- 7 judges, none of whom has any technical expertise whatsoever, and who are appointed for life by whichever political regime is in power when one of them dies.

    No wonder our tech laws favor owners at the expense of innovators.

  56. No, the verdict was expected TODAY by 19usc2462bH · · Score: 2, Informative
    The verdict was expected in January, but was announced today in the papers.

    No, the verdict was expected TODAY at 1 p.m. This was stated by chief judge Wenche Skjaeggestad (for some reason Slashdot seems to insist on replacing the correct letter with "ae") on the very last day of the trial. She also stated that she was somewhat surprised to have read in the papers that the verdict was expected in mid-January. Why the Norwegian press has stuck to this erroneous report I have no idea.

    Foreign press seems to have gotten it right.

    Some examples:

    DVD Jon appeal ends: verdict before Xmas [11 Dec 2003]
    Verdict in 'DVD Jon' appeal expected Dec. 22 [12 Dec 2003]

  57. not by Tharald · · Score: 2, Funny

    Not true! We all know that the paper clip was invented by an american software-comany and first included in Office 97.

  58. Yea for DeCSS but not for iTunes DRM? by xchino · · Score: 3, Insightful

    I'm sure I'll be going to Karma Hell for posting this, but I have seen alot of UserID's I respected around here turn complete hippocrits in regards to what this guy is doing. In articles about his iTunes DRM cracking efforts, I see people saying things such as "We finally get something we like and this guy tries to ruin it!" What difference does it make if he's writing software to watch DVD's or writing software to listen to music? Just because you hate the MPAA and love Apple? In articles about DeCSS you hear a great deal of argument based of Freedom of Speech and consumers right to Fair Use, but somehow these rights do not apply to aything we support, such as iTunes.

    I like iTunes a great deal. I'd hate to see them make it any more difficult for me to get the same level of service I'm getting now. However, if they changed their policy to circumvent his efforts, I would blame Apple, not this guy for making use of his rights.

    I've even heard peple claim, "Apple DRM is easy enough to get around, just burn a CD and a re-rip in whatever format!" I doubt these same people would accept the same excuse from the MPAA "CSS is already easy enough to get around, just burn it to DVD and rip it!" Why in the hell should I have to burn it to CD? That's wasting my money, time, and resources on a completely unecessary step, not to mention that I may not have a CD burner to begin with. I guess I should just be screwed over in that instance, as long as the majority of users are happy.

    --
    Everyone is entitled to their own opinion. It's just that yours is stupid.