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IP: Court upholds ban on DVD-cracking code


From: David Farber <dave () farber net>
Date: Thu, 29 Nov 2001 04:00:14 -0500


Court upholds ban on DVD-cracking code
By Evan Hansen
Staff Writer, CNET News.com
November 28, 2001, 6:40 p.m. PT

A federal appeals court on Wednesday upheld an order that prohibits
publishing or linking to DVD-cracking code--a decision with sweeping
significance for free speech rights and copyright protection on the
Internet.

The decision for now upholds a controversial law known as the Digital
Millennium Copyright Act (DMCA) and prevents Web site 2600 and its
publisher, Eric Corley, from posting links to computer code known as
DeCSS--a program that allows DVD movies to be decoded and played on
personal computers.

Joining a growing consensus among courts across the country, the
Second Circuit Court of Appeals in New York found that computer code
is speech and therefore entitled to some First Amendment protections
under the U.S. Constitution. But the court concluded that the
material in this case is "content-neutral," and therefore entitled to
considerably less protection than "expressive" content such as poetry
or a novel.

...

http://news.cnet.com/news/0-1005-200-8011238.html


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