EFF DVD Update: July 15, 2000
Universal City Studios v. 2600 Magazine
EFF Moves to Disqualify Kaplan:
Judge was Time Warner's Lawyer on DVD Issues
On July 14 EFF's defense team filed a motion to disqualify Judge Lewis Kaplan from presiding over the DeCSS trial after discovery revealed that he advised Time Warner on DVD matters while in private practice. Judge Kaplan was a partner in the powerhouse NY law firm Paul Weiss when he counseled Time Warner, a plaintiff in the case, on antitrust issues related to DVD technology, an issue to be decided in this case.
2600's defense team has also learned that while in private practice, Judge Kaplan accused its lead litigator, Martin Garbus of professional misconduct and cautioned a co-worker against taking a position in Garbus' law firm. Both incidents create a conflict of interest for the Clinton-appointed federal judge, who has pushed for a speedy trial since the initial court appearance.
The trial, which will determine the scope of the move studios' control over DVD player technology under the DMCA, is set to begin Monday, July 17th at 9:30a.m. in federal court (500 Pearl Street) in Manhattan. The New York Linux Users' Group has received a permit to hold a public demonstration protesting the DMCA and the movie studios' radical interpretation of the Act's anti-circumvention provisions outside the court house at 10:30a.m. on the 17th.
EFF's archive of MPAA v 2600 litigation: http://www.eff.org/IP/Video/MPAA_DVD_cases/
Judge Kaplan's Opinion (July 17, 2000):
http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-07113.PDF
Judge Kaplan's supplementary comments (July 19, 2000):
http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/000-07209.PDF
