June 7, 2000
San Francisco, CA -- EFF's DVD
legal team successfully opposed the
MPAA's request to block the public from obtaining discovery materials
in litigation over DeCSS computer code. EFF, joined by several
interested media, argued against the movie studio's request for a
blanket secrecy order over all deposition transcripts and video taken
in the case. The Court said defendants would be allowed to post
all
trial materials on the Internet within days.
"Yesterday's ruling marked a victory for freedom of expression and
society's access to its courts," stated Robin Gross, EFF Staff
Attorney. "The MPAA wanted this to be a secret trial. This case
answers questions of significant constitutional importance. It will
decide how society will be allowed to experience and manipulate
creative expression for years to come -- A debate in which the public
must be included."
"I believe the independent press won on every important point," said
journalist Mike Godwin who presented arguments at the trial. "The
blanket protective order sought by plaintiffs was denied, and the
court showed an understanding of the need for the press and the public
to review the evidence in this landmark case."
The motion picture industry has launched a series of legal attacks
against several Web site publishers, including 2600 Magazine in
New
York, for posting DeCSS, software which enables people to play DVDs
on
unauthorized players. EFF is leading the defense in the New York case
which is set for trial on July 17th, 2000.
Background
EFF's New York DVD Legal Defense Team consists of Martin Garbus and
Ed
Hernstadt of Frankfurt, Garbus, Klein, and Selz; Eben Moglen of
Columbia University Law; Allonn Levy of Huber Samuelson; and Robin
Gross of the Electronic Frontier
Foundation.
EFF's work in the DVD cases is part of its Campaign
for Audiovisual
Free Expression (CAFE), which
it launched last year to address complex
societal and legal issues raised by new technological measures for
protecting intellectual property rights. A special fund has been
established by EFF to support the costly nature of this litigation.
Donations are tax-deductible and can be made online via EFF's Web
site.
Founded in 1990, The Electronic Frontier Foundation
(http://www.eff.org) 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 Websites in the world.
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
EFF's Opposition to MPAA's Secrecy Order:
http://cryptome.org/mpaa-v-2600-rpo.htm
For more information concerning EFF's Campaign for Audiovisual Free
Expression, see:
http://www.eff.org/cafe