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afterdawn.com > news > eff filed its briefs to californian supreme court
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EFF filed its briefs to Californian Supreme Court

23 May 2002 13:55 by Petteri "dRD" Pyyny

Electronic Frontier Foundation and First Amendment Project today filed briefs to Californian Supreme Court asking the court to uphold the appeals court's decision that distributing DeCSS code on the Internet doesn't violate Californian trade secrets laws.

EFF's briefs were a response to DVD CCA's briefs filed in March to Californian Supreme Court. DVD CCA obviously wants to overturn the decision made by appeals court in November.

DVD CCA's case at least looks weak, because they've based their legal action on Californian trade secrets laws and claiming that DeCSS violates these laws. But reverse engineering, which would have been normally the best method to build DeCSS-type of program, doesn't violate this law. Nor does the method how DeCSS actually was built -- by a mistake made by Xing Technologies. Xing simply forgot to encrypt the CSS encryption keys that were stored within their XingDVD software player and DeCSS uses those keys (which is also the reason why original DeCSS doesn't work with new DVD discs anymore -- DVD CCA has changed the encryption keys since beginning of 2000).

Anyway, the case, which was filed two years ago against Californian resident Andrew Bunner, is closely related to the other high-profile DeCSS case in New York, where movie studios have sued hacker mag 2600 over distributing DeCSS. Only real difference between cases is the fact that courts' decisions have been completely different in each coast -- recently appeals court in New York decided that posting DeCSS actually violates notorious DMCA law (which is the basis of the East Coast case, unlike in West Coast, where DVD CCA is using other legal arguments).

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Related articles:

  • Final DeCSS case dropped unexpectedly (22 January 2004)
  • DVD-CCA vs. Bunner goes to California Supreme Court (28 May 2003)
  • US Supreme Court: Hollywood can't sue Pavlovich (4 January 2003)
  • DVD CCA's boss testifies in Johansen's case (12 December 2002)
  • Norwegian DeCSS case delayed (13 August 2002)
  • 2600 withdraws DeCSS appeal (4 July 2002)
  • Appeals court rejected 2600's request (17 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)
  • FIRST VICTORY!: California Judge decides that posting DeCSS is legal (2 November 2001)
  • Twist in DeCSS case (11 May 2001)
  • Studios reiterate arguments in DeCSS case (22 February 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)
  • DVD CCA Panic (26 January 2000)
  • DeCSS Author Arrested? (25 January 2000)
  • DeCSS distribution sites in court (14 January 2000)
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  • DeCSS causes a huge fuss (4 November 1999)
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