IP: EFF Appeals California DVD Software Ban

[Dave Farber <farber@cis.upenn.edu>]

>
>For Immediate Release
>May 15, 2000
>
>EFF Appeals California DVD Software Ban
>'Prior Restraint' of Speech Unconstitutional
>
>Contact:
>
>Katina Bishop - Electronic Frontier Foundation
>(415) 436-9333 ex. 101
>
>Robin Gross - Electronic Frontier Foundation
>(415) 863-5459
>
>San Francisco -- The Electronic Frontier Foundation today appealed a
>January 20 order barring publication of DeCSS software on dozens of
>Web sites. The appeal to the California Sixth Appellate Court seeks to
>overturn the preliminary injunction that unfairly valued the DVD- CCA's
>claim of potential future financial harm above important First Amendment
>rights.
>
>DeCSS is free software that allows people to play DVDs without
>technological restrictions, such as region codes, that are preferred
>by movie studios.
>
>"The trial court simply ignored the defendant's First Amendment right
>to publish DeCSS on his Website," said David Greene, Executive
>Director and staff council to the First Amendment Project, and a
>member of EFF's DVD legal defense team. "The court's injunction is a
>prior restraint on free expression, one of the most severe civil
>penalties in our legal system. Even a momentary deprivation of the
>right to speak or publish causes serious and irreparable harm, far
>more grave than any monetary loss."
>
>A "prior restraint" is government action that prevents a citizen's
>speech or publication from reaching its listeners. It can only be
>imposed for a very brief period, in extreme situations where the act
>of publishing threatens an interest more fundamental than the First
>Amendment itself, such as the safety of troops in wartime. In this
>case, the Preliminary Injunction prohibited publication of DeCSS after
>only a brief examination of dubious evidence.  Furthermore, the order
>is unclear about exactly what is prohibited.
>
>DVD-CCA claims that the defendants were mis-appropriating its trade
>secrets by posting DeCSS on their Websites. However, trade secret law
>only prevents publication by those who entered into contracts to
>protect the secret.
>
>According to Eben Moglen, law professor at Columbia University, "In
>this appeal, EFF raises the central Constitutional question concerning
>the use of sweeping injunctions to control the flow of discussion and
>information on the Internet on allegations that commercial secrets are
>involved.  I look forward to a decision in the court of appeals that
>takes Constitutional rights seriously."
>
>Background
>
>The movie industry initiated legal attacks against Web publishers in
>California, New York, Connecticut, and Norway over the DeCSS software
>code posted on their sites. EFF is defending the DVD cases as part of
>its Campaign for Audiovisual Free Expression (CAFE). CAFE was launched
>last year to address complex social and legal issues raised by new
>technological measures for protecting intellectual property.
>
>For complete information on the MPAA and DVD-CCA cases, see:
>http://www.eff.org/IP/Video
>http://www.eff.org/IP/Video/DVDCCA_case/20000515-appeal-brief.html
>
>For more information on The First Amendment Project, see:
>http://www.thefirstamendment.org
>
>For more information concerning EFF's Campaign for Audiovisual Free
>Expression, see:
>http://www.eff.org/cafe
>
>The Electronic Frontier Foundation (http://www.eff.org) is the leading
>global nonprofit organization linking technical architectures with legal
>frameworks to support the rights of individuals in an open society.
>Founded in 1990, EFF actively encourages and challenges industry
>and government to support free expression, privacy, and openness in
>the information society. EFF is a member-supported organization and
>maintains one of the most-linked-to Web sites in the world.
>
>The First Amendment Project (www.thefirstamendment.org) is a
>nonprofit, public interest law firm and advocacy organization
>dedicated to protecting and promoting freedom of information,
>expression, and petition. FAP provides advice, educational materials,
>and legal representation to its core constituency of activists,
>journalists, and artists in service of these fundamental liberties.
>
>
>
>
>
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