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FC: Justice Department intervenes in DeCSS suit to back Hollywood
From: Declan McCullagh <declan () well com>
Date: Fri, 23 Feb 2001 12:33:49 -0500
http://www.wired.com/news/politics/0,1283,41992,00.html White House Sides With Studios by Declan McCullagh (declan () wired com) 8:55 a.m. Feb. 23, 2001 PST WASHINGTON -- The Bush administration is siding with Hollywood in a federal lawsuit against a DVD-descrambling utility. In a 100 KB brief filed this week before a federal appeals court, the Justice Department asked to intervene in the case brought under the Digital Millennium Copyright Act, saying "this lawsuit is really about computer hackers and the tools of digital piracy." The Second Circuit Court of Appeals should uphold a lower court's decision banning the hacker-zine 2600 Magazine from distributing or linking to the DeCSS utility in a case brought by eight movie studios in January 2000, the DOJ argues. 2600 has appealed the ruling. "Under the First Amendment, defendants had every right to use their website to advocate against the DMCA. They also had the right to associate on the Internet with others who support the use of circumvention technology by linking to websites that decry," says the brief, signed by U.S. Attorney Mary Jo White. "But by purposefully linking to websites that post DeCSS for downloading, defendants' actions exceeded advocacy and crossed the line into unlawful action." On Wednesday, the appeals court granted the DOJ's request to intervene in the lawsuit, which means government lawyers will be allowed to defend the constitutionality of the Digital Millennium Copyright Act (DMCA) in court. 2600 has claimed that it did not violate the DMCA and the law violates the First Amendment because it limits programmers' free speech rights. [...] The brief: http://cryptome.org/mpaa-v-2600-usa.htm ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if it remains intact. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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- FC: Justice Department intervenes in DeCSS suit to back Hollywood Declan McCullagh (Feb 23)