IP: EFF Appeals California DVD Software Ban

[Dave Farber <farber () cis upenn edu>]

> For Immediate Release
> May 15, 2000
>
> EFF Appeals California DVD Software Ban
> 'Prior Restraint' of Speech Unconstitutional
>
> Contact:
>
> Katina Bishop - Electronic Frontier Foundation
> (415) 436-9333 ex. 101
>
> Robin Gross - Electronic Frontier Foundation
> (415) 863-5459
>
> San Francisco -- The Electronic Frontier Foundation today appealed a
> January 20 order barring publication of DeCSS software on dozens of
> Web sites. The appeal to the California Sixth Appellate Court seeks to
> overturn the preliminary injunction that unfairly valued the DVD- CCA's
> claim of potential future financial harm above important First Amendment
> rights.
>
> DeCSS is free software that allows people to play DVDs without
> technological restrictions, such as region codes, that are preferred
> by movie studios.
>
> "The trial court simply ignored the defendant's First Amendment right
> to publish DeCSS on his Website," said David Greene, Executive
> Director and staff council to the First Amendment Project, and a
> member of EFF's DVD legal defense team. "The court's injunction is a
> prior restraint on free expression, one of the most severe civil
> penalties in our legal system. Even a momentary deprivation of the
> right to speak or publish causes serious and irreparable harm, far
> more grave than any monetary loss."
>
> A "prior restraint" is government action that prevents a citizen's
> speech or publication from reaching its listeners. It can only be
> imposed for a very brief period, in extreme situations where the act
> of publishing threatens an interest more fundamental than the First
> Amendment itself, such as the safety of troops in wartime. In this
> case, the Preliminary Injunction prohibited publication of DeCSS after
> only a brief examination of dubious evidence.  Furthermore, the order
> is unclear about exactly what is prohibited.
>
> DVD-CCA claims that the defendants were mis-appropriating its trade
> secrets by posting DeCSS on their Websites. However, trade secret law
> only prevents publication by those who entered into contracts to
> protect the secret.
>
> According to Eben Moglen, law professor at Columbia University, "In
> this appeal, EFF raises the central Constitutional question concerning
> the use of sweeping injunctions to control the flow of discussion and
> information on the Internet on allegations that commercial secrets are
> involved.  I look forward to a decision in the court of appeals that
> takes Constitutional rights seriously."
>
> Background
>
> The movie industry initiated legal attacks against Web publishers in
> California, New York, Connecticut, and Norway over the DeCSS software
> code posted on their sites. EFF is defending the DVD cases as part of
> its Campaign for Audiovisual Free Expression (CAFE). CAFE was launched
> last year to address complex social and legal issues raised by new
> technological measures for protecting intellectual property.
>
> For complete information on the MPAA and DVD-CCA cases, see:
> http://www.eff.org/IP/Video
> http://www.eff.org/IP/Video/DVDCCA_case/20000515-appeal-brief.html
>
> For more information on The First Amendment Project, see:
> http://www.thefirstamendment.org
>
> For more information concerning EFF's Campaign for Audiovisual Free
> Expression, see:
> http://www.eff.org/cafe
>
> The Electronic Frontier Foundation (http://www.eff.org) is the leading
> global nonprofit organization linking technical architectures with legal
> frameworks to support the rights of individuals in an open society.
> Founded in 1990, EFF actively encourages and challenges industry
> and government to support free expression, privacy, and openness in
> the information society. EFF is a member-supported organization and
> maintains one of the most-linked-to Web sites in the world.
>
> The First Amendment Project (www.thefirstamendment.org) is a
> nonprofit, public interest law firm and advocacy organization
> dedicated to protecting and promoting freedom of information,
> expression, and petition. FAP provides advice, educational materials,
> and legal representation to its core constituency of activists,
> journalists, and artists in service of these fundamental liberties.
>
>
>
>
>
> ------- End of Forwarded Message