A California court has dealt a potentially serious setback to the movie industry's attempt to rid the online world of software that can help break through copy protections on DVDs.
The appeals court released a decision Thursday overturning an earlier order that barred hundreds of people from publishing the code for a software program called "DeCSS (news - web sites)" online. Posting the code is just like publishing other types of controversial speech and is protected by the constitution, the appellate judges said.
"Although the social value of DeCSS may be questionable, it is nonetheless pure speech," the decision reads. "Our respect for the legislature and its enactment of the (trade secrets law) cannot displace our duty to safeguard the rights guaranteed by the First Amendment."
The decision, while not a final one on the legality of the software program, nevertheless marks a severe blow for the movie industry's legal battle against online threats. Hollywood studios have contended that software that can break through their anti-piracy techniques is simply a tool and does not warrant free-speech protections. A federal judge has agreed with much of that reasoning.
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YEA!!!!!!!!!!! But then we gotta contend with the fucking supreme court that selected dubya for prez before we get a real answer, but I'm gonna look for the code now, since it's officially legal for a short time... HAHA!!!!!!!!!!!!!!
full article
The appeals court released a decision Thursday overturning an earlier order that barred hundreds of people from publishing the code for a software program called "DeCSS (news - web sites)" online. Posting the code is just like publishing other types of controversial speech and is protected by the constitution, the appellate judges said.
"Although the social value of DeCSS may be questionable, it is nonetheless pure speech," the decision reads. "Our respect for the legislature and its enactment of the (trade secrets law) cannot displace our duty to safeguard the rights guaranteed by the First Amendment."
The decision, while not a final one on the legality of the software program, nevertheless marks a severe blow for the movie industry's legal battle against online threats. Hollywood studios have contended that software that can break through their anti-piracy techniques is simply a tool and does not warrant free-speech protections. A federal judge has agreed with much of that reasoning.
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YEA!!!!!!!!!!! But then we gotta contend with the fucking supreme court that selected dubya for prez before we get a real answer, but I'm gonna look for the code now, since it's officially legal for a short time... HAHA!!!!!!!!!!!!!!
full article
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Date: 2001-11-03 05:51 am (UTC)peace to you, bro