Educators and Librarians File Amici to Fight Movie Studios' Attempt to Squelch Speech
DVD Update: June 4, 2000
On June 2 two additional amici briefs were filed asking the court to
reject the movie studios' dangerous interpretation of the DMCA that would
extend copyright beyond its Constitutional limitations. New York
University Education Specialist Siva Vaidhyanathan and University of
California at Berkeley Digital Librarian Karen Coyle warned Judge Kaplan
of the harmful consequences his earlier ruling will render on society if
he does not revisit his reasoning.
Both Vaidhyanathan and Coyle were invited to testify before the U.S Copyright Office at public hearings on the adverse effects of the DMCA's circumvention prohibition last month. Additional amici supporting 2600 Magazine have already been filed by Harvard Law Professor Charlie Nesson and the Berkman Center's Open Law DVD Forum.
Siva Vaidhyanathan's Amicus Curaie Brief:
http://www.virtualrecordings.com/siva.htm
Karen Coyle's Amicus Curaie Brief:
http://www.virtualrecordings.com/coyle.htm
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EFF Opposes MPAA Secrecy Order
On June 1 EFF's lead litigation firm filed its opposition to the MPAA's request to ban public access to the NY DVD legal proceedings. After the movie studios issued dozens of press releases on the litigation and MPAA President Jack Valenti publicly asked concerned citizens to follow the case, the studios now ask the court to close the proceedings to the public. Among the embarrassing facts MPAA is fearful will reach the public are its own admissions that it has found no evidence of piracy traceable to DeCSS.
"[P]laintiffs' real objection to the release of the depositions and
documents is the significant possibility of acute embarrassment. They show
that [the studios], on insufficient knowledge, made allegations
they cannot support. They show the [studios], rather than being
interested
in copyright issues, are truly committed to monopolizing the player market
for DVDs," Defendant 2600 Magazine stated in its brief.
EFF's Opposition to MPAA's Secrecy Order:
http://cryptome.org/mpaa-v-2600-rpo.htm
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Media Presses Court to Open DVD Trial to Public
On June 2 several more media companies including Newsday and the Village Voice filed opposition papers to the MPAA's attempt to ban the press from attending court depositions and reviewing discovery documents.
Newsday claimed media presence is necessary to guard against the miscarriage of justice by subjecting the judicial process to extensive public scrutiny and criticism. "The Constitution recognizes that public faith in the judicial system depends on the ability of the public -- and the news media as a surrogate for the public -- to observe every step of the proceedings," stated Newday's counsel in its opposition papers.
"The public is intensely following this case," wrote the Village
Voice's legal department in its brief to the court. "Plaintiffs'
position is, among other flaws, hypocritical given the lengths to which
they have
gone to heighten public concern about this case, including a call to
the public to watch the progress of the litigation closely."
June 6 Open Hearing on MPAA Secrecy Order
Judge Lewis Kaplan has scheduled an open hearing on June 6th for oral argument over the MPAA's request to close the proceedings the public. The hearing will take place in Federal District Court for the Southern District of New York and interested parties are encouraged to attend.
Village Voice's Motion to Intervene:
http://cryptome.org/mpaa-v-2600-rpo.htm#Voice
Newday's Motion to Intervene:
http://cryptome.org/mpaa-v-2600-rpo.htm#Newsday
Mike Godwin and Declan McCullagh's Motion to
Intervene:
http://cryptome.org/mpaa-v-2600-gmo.htm
EFF's DVD Archives:
http://www.eff.org/pub/IP/MPAA_DVD_cases/
http://www.eff.org/pub/IP/DVD/
