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Twist in DeCSS case

11 May 2001 7:32 by Petteri "dRD" Pyyny

One of the best known on-going DMCA cases, the trial that tries to solve if it's legal to distribute DeCSS, got a weird twist this week, when appeals' court three-judge panel requested both sides of the case, website 2600 and MPAA, to answer 11 questions that seek to determine how to apply the First Amendment to computer code.

The judges also asked for arguments on the validity of lower court's decision to determine whether banning an online publication from linking to other sites infringed on the right to free speech.

"I've never seen this happen before," said one of 2600's lawyers, Martin Garbus of the law firm of Frankfurt Garbus Kurnit Klein & Selz. "What's clear is that neither Judge Kaplan's decision nor the briefs nor the oral arguments have given them the answer to the questions they think are the most important."

Mr. Garbus said the detailed questions indicated that the three judges Jon O. Newman, Jose A. Cabrenes and Alvin W. Thompson were preparing to write a definitive opinion on the case, rather than limiting themselves to ruling on lower court's Judge Kaplan's decision. The questions also suggested that the judges were thinking beyond Mr. Corley's (owner of the 2600 website) specific circumstances to how the ruling might apply more generally.

Problem is that making it illegal to link to certain type of sites and/or files might violate the right for free speech (First Amendment in U.S.).

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Related articles:

  • 2600 withdraws DeCSS appeal (4 July 2002)
  • EFF filed its briefs to Californian Supreme Court (23 May 2002)
  • Californian DeCSS case goes to Supreme Court (21 February 2002)
  • DeCSS history lesson for Norwegian authorities (11 January 2002)
  • DeCSS author might face 2 years in prison (10 January 2002)
  • Appeals court rules in favor of studios in DeCSS case (29 November 2001)
  • DeCSS trial continues on Tuesday (30 April 2001)
  • 2600 gets strong addition to its legal team in DeCSS case (4 April 2001)
  • Verio refuses to remove DeCSS (25 January 2001)
  • EFF wants appeals court to reject the court order against 2600 (24 January 2001)
  • DeCSS final briefs on-line (9 August 2000)
  • DeCSS T-shirts sued (2 August 2000)
  • DeCSS Author Arrested? (25 January 2000)
  • DeCSS distribution sites in court (14 January 2000)
  • DVD CCA Applies for Restraining Order (28 December 1999)
  • DeCSS causes a huge fuss (4 November 1999)
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