See related files:
http://www.eff.org/IP/Video (EFF Archive)
http://jya.com/cryptout.htm#DVD-DeCSS (Cryptome Archive)
http://www.2600.com/dvd/docs (2600 Archive)
http://eon.law.harvard.edu/openlaw/dvd/ (Harvard DVD OpenLaw Project)
EFF DVD Update: July 31, 2000
Universal City Studios v. 2600 Magazine
EFF DeCSS Trial Summary:
Facts in EFF's Favor as MPAA Claims Collapse Under Scrutiny
EFF defense team established a solid record at trial that the major film studios are attempting to use the DMCA to ban DeCSS so it can monopolize the DVD player market. Despite its immense investigative resources and months of effort, the MPAA was forced to concede at trial that it could not find a single instance of piracy related to the software. The First Amendment rights of all citizens have been endangered because of the studios' panic and over reaction.
Norwegian teenager Jon Johansen testified for the defense that he was working to build a DVD player for the Linux operating system when he posted the program to the LiVid list that he and two others authored. LiVid Project Leader Matthew Pavlovich testified that his development group used DeCSS to create a Linux DVD player that can compete with the studios' and DVD-CCA's current monopoly on DVD players. The studios were hoping to ban the software before a competing DVD player could be created that is not required by a CSS license to restrict features which allow people to exercise their legal rights. Journalist Emmanuel Goldstein, the Editor of 2600 Magazine testified that he published the code in his reporting of Hollywood's crazed reaction to the software's existence, when the studios launched this legal attack against him.
The high point of trial was the electrifying testimony of Professor David Touretzky of Carnegie Mellon University's Computer Science Department, EFF's final witness before resting its case. Touretzky explained to the court how computer programmers use computer code to communicate to one another with precision. He showed the court how an injunction against DeCSS chills his ability to express himself. Judge Lewis Kaplan stated Touretzky's testimony was "persuasive" and "educational" and would likely change his First Amendment analysis of the case. The judge did not indicate that he intends to rule in favor of defendants however, and EFF is prepared to take an immediate appeal to the Second Circuit Court of Appeals. Trial briefs are due August 8 and a short turn-around is expected for a ruling.
After the close of trial, DVD-CCA filed a motion to intervene in the NY litigation to fight EFF's challenge to unseal the Xing CSS license entered into evidence. DVD-CCA has requested to keep its CSS license out of the public record and Judge Kaplan will accept papers opposing DVD-CCA's intervention and secrecy request until August 2nd at 5p.m.
An index of the DVD updates can be found at:
http://www.eff.org/IP/Video/dvd_updates_archive.html
You can subscribe to EFF's mailing list to receive the regular DVD updates. To subscribe, email majordomo@eff.org and put this in the text: subscribe cafe-news
EFF's archive of MPAA v 2600 litigation: http://www.eff.org/IP/Video/MPAA_DVD_cases/
