Freedom of speech should not be sacrificed in the movie industry's war to restrict the public from playing DVDs on their platform of choice, backing up DVDs they have purchased, and making other fair uses of DVDs. helping defend a Norwegian teenager, Jon Johansen, who is being prosecuted by the Norwegian Economic Crime Unit (ØKOKRIM) under Norwegian Criminal Code 145(2), simply for trying to access the data on his own DVD. Johansen created DeCSS software that can enable DVD playback on Linux, among other lawful uses. Despite the fact that DeCSS is not needed to infringe DVDs, the motion picture industry has launched numerous lawsuits and prosecutions in the US and abroad to ban the software, on the basis that DeCSS is a "piracy tool".
Jon Johansen has been indicted (as of Jan. 9, 2002), at the request of the US DVD Copy Control Association (DVD-CCA) and the Norwegian Motion Picture Association (MAP), allies of the US Motion Picture Association of America (MPAA). He could face two years in prison if convicted.
EFF media advisory on Johansen verdict appeal (Jan 20, 2003)
Johansen Court Decision (Jan 9, 2003)
EFF media release on acquittal (Jan 7, 2003)
EFF media advisory
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The criminal trial against Jon Johansen, a Norwegian teenager who
watched his DVDs on his Linux computer using a DVD descrambling
program called DeCSS, will start in Norway this Monday, December 9.
The trial is scheduled to last until Friday, December 13. (December 6,
2002)
EFF media release on indictment -
Electronic Frontier Foundation Media Release:
Norway Indicts Teen Who Published Code Liberating DVDs - U.S.
Entertainment Industry Pressured Norwegian Prosecutors. Oslo, Norway -
Acting years after pressure from the U.S. entertainment industry, the
Norwegian government yesterday indicted teenager Jon Johansen for his
role in creating software that permits DVD owners to view DVDs on
players that are not approved by the entertainment industry. On January
9, 2002, the Norwegian Economic Crime Unit (ØKOKRIM) charged Jon
Johansen for creating software called DeCSS in 1999 when he was 15 years
old. (Jan. 10, 2002)
EFN Media Release: EFN demands acquittal and full redress for Jon Johansen -
Electronic Frontiers Norway Media Release:
EFN demands acquittal and full redress for Jon Johansen.
Oslo, Norway - The civil rights movement Electronic Frontier Norway (EFN) notes
that Økokrim (The National Authority for Investigation and
Prosecution of Economic and Environmental Crime in Norway), after
two years of investigation, has brought charges against Jon
Johansen in the "DVD case". Økokrim"s leader Inger Marie Sunde
claims to the Norwegian News Agency NTB that public interest
necessitates indictment in this case.
EFN declares that this prosecution is opposed to public interest
and contributes to undermining and erasing fundamental consumer
rights. The authorities are uncritically giving in to lobbying
from and a shortsighted and unchecked self-interest of American
film and entertainment industry giants. [English translation; see
below for original Norwegian version.]
(Jan. 11, 2002)
EFN Pressemelding: EFN krever frifinnelse og full oppreisning for Jon Johansen -
Elektronisk Forpost Norge Pressemelding:
EFN krever frifinnelse og full oppreisning for Jon Johansen.
Oslo - Borgerrettighetsorganisasjonen Elektronisk Forpost Norge (EFN)
registrerer at Økokrim, etter to år med
etterforskning, har tatt ut tiltale mot Jon Johansen i DVD-saken.
Økokrim, ved Inger Marie Sunde, hevder overfor NTB at der
er det almene hensyn som gjør at denne saken krever
påtale.
EFN mener påtalemyndighetene i denne saken handler i strid
med almene hensyn og bidrar til å undergrave og utslette
vesentlige forbrukerrettigheter. De lar seg ukritisk styre av
interessene og lobbyvirksomheten til amerikansk film- og
underholdningsindustri.
[Norwegian version. Summary in English: Electronic Frontiers Norway press release
on indictment of Norwegian teen programmer Jon Johansen at the
behest of the US movie industry. EFN opposes the prosecution.]
(Jan. 11, 2002)
EFF Article on Johansen Case: Free Speech Void? -
EFF Article: Freedom of Speech:
Void Where Prohibited - Hollywood Exports Technology Ban Overseas
Despite U.S. Abuse (Sep. 2001)
Prof. Jon Bing's Johansen Case Summary -
Prof. Jon Bing's Legal
Perspective on the Norwegian DeCSS Case (Jan. 25, 2000)
Jon Johansen Statement -
Jon Lech Johansen's brief initial statement on DeCSS raid (Jan. 24, 2000)
DVDCCA Letter to Norwegian Prosecutor [English] -
- Letter from US DVD Copy
Control Association (DVD-CCA), and Norwegian Motion Picture Association
(MAP), to Norway Prosecutor alleging criminal conduct on part of Per and
Jon Johansen; English translation. (Jan. 4, 2000)
DVDCCA Letter to Norwegian Prosecutor [Norwegian] -
Letter from US DVD Copy
Control Association (DVD-CCA), and Norwegian Motion Picture Association
(MAP), to Norway Prosecutor alleging criminal conduct on part of Per and
Jon Johansen; scan of original Norwegian-language version (Jan. 4, 2000)
[PDF format]
Graphics -
Images of or relating to Jon and Per Johansen and their case.
Universal [MPAA] & US v. Corley -
Link to directory of info on a related DeCSS case: the movie industry's attempt to thwart
development of a Linux DVD player driver, and censor speech and publication
about the necessary copy-prevention bypassing to make this possible. All
in the name of unfounded piracy fears. (DVDs can be easily pirated without recourse
to the software, DeCSS, at issue in the case.) The law at issue here is the
US Digital Millennium Copyright Act (DMCA).
DVD-CCA v. McLaughlin, Bunner, et al.
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Link to directory of info on another related case: The DVD Copy Control Association
(essentially MPAA under another name) attempts to stop distribution of DeCSS and
halt Linux DVD driver development, using California trade secret law as well as
the DMCA.
RIAA v. Diamond
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Link to directory of info on another related case: Pre-DMCA, the Recording Industry
of America attempts to stop hardware manufacturer Diamond from making and
selling MP3 players that do not have copy-prevention "features" built in. RIAA
loses.
Other Digital Rights Management (DRM) a.k.a. Copy Prevention Systems -
Link to directory of info on DRM or "copy protection" systems, their
flaws, and the law, policy, economics and policy surrounding them.
EFF's Campaign for Audiovisual Free Expression (CAFE)
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Link to EFF's digital audio & video freedom campaign page