[Flug] [dj@delorie.com: DVD/DeCSS: MPAA Wins in New York]

[Christopher R.Gabriel]

A voi...


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Subject: DVD/DeCSS: MPAA Wins in New York
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DVD/DeCSS: MPAA Wins in New York

[1]Jim Tyre writes "Judge Kaplan's [2]ruling is out."


A quote from the Conclusion:

VI. Conclusion

In the final analysis, the dispute between these parties is
simply put if not necessarily simply resolved.

Plaintiffs have invested huge sums over the years in
producing motion pictures in reliance upon a legal framework
that, through the law of copyright, has ensured that they
will have the exclusive right to copy and distribute those
motion pictures for economic gain. They contend that the
advent of new technology should not alter this long
established structure.

Defendants, on the other hand, are adherents of a movement
that believes that information should be available without
charge to anyone clever enough to break into the computer
systems or data storage media in which it is located. Less
radically, they have raised a legitimate concern about the
possible impact on traditional fair use of access control
measures in the digital era.

Each side is entitled to its views. In our society, however,
clashes of competing interests like this are resolved by
Congress. For now, at least, Congress has resolved this clash
in the DMCA and in plaintiffs’ favor. Given the peculiar
characteristics of computer programs for circumventing
encryption and other access control measures, the DMCA as
applied to posting and linking here does not contravene the
First Amendment. Accordingly, plaintiffs are entitled to
appropriate injunctive and declaratory relief.

SO ORDERED.

Dated: August 17, 2000

    <URL:http://slashdot.org/article.pl?sid=00/08/17/1827208>
[1] <REF:http://jstyre(at)jstyre(dot)com>
[2] <REF:http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-08117.PDF>


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