[iwar] [fc:Hacker.mag.takes.on.US.court]

From: Fred Cohen (fc@all.net)
Date: 2002-01-23 06:46:23

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From: Fred Cohen <fc@all.net>
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Date: Wed, 23 Jan 2002 06:46:23 -0800 (PST)
Subject: [iwar] [fc:Hacker.mag.takes.on.US.court]
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Hacker mag takes on US court

By James Middleton, Vnunet, 1/22/02
<a href="http://www.vnunet.com/News/1128417">http://www.vnunet.com/News/1128417>

Hacker magazine 2600 has filed a request for the reversal of an earlier
US court ruling prohibiting the publication of the DeCSS DVD decrypting
software. The move comes just days after Norwegian authorities indicted
Jon Johansen, the creator of the DeCSS tool.

With the backing of the Electronic Frontier Foundation (EFF), 2600 is
claiming that "free speech principles should not turn upon newly minted
distinctions between pen-and-ink and point-and-click".

EFF legal director Cindy Cohn noted: "By permitting publication of code
in an online magazine, the Second Circuit [A ppeals Court] would
recognise that internet speech is fully protected by the First Amendment
as established by the US Supreme Court."

2600 lost a court case against the motion picture industry last year
and, as a result, has been prohibited from publishing or linking to the
source code for DeCSS.

But in a separate case in November, the injunction granted to the DVD
Copy Control Association preventing the publication of Johansen's DeCSS
was overturned on First Amendment free speech grounds.

As a result 2600 is requesting that the US court reverse the earlier
ruling prohibiting publication of the code "which permits DVD owners to
view DVDs on players that are not approved by the entertainment
industry", such as those based on the Linux operating system.

"The most egregious part of the previous decision prevented even linking
- the lifeblood of the internet," said Cohn.

During the 2600 trial the three-judge panel rejected pleas from 46
intellectual property professors, 17 top computer scientists, eight top
computer security experts, the Association for Computing Machinery, the
American Library Association, and the Reporters' Committee for Freedom
of the Press, among others.

A court decision on the request is expected later this spring, but DeCSS
related court cases have been far from consistent.

In November webmaster Andrew Bunner appealed on First Amendment free
speech grounds and won. Only last week Norwegian authorities indicted
Johansen. If found guilty he faces a two-year prison sentence.

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