MPAA Continues Intimidation Campaign Against Open Source Software Community

Police Raid Home of Norwegian Linux Coder

The home of sixteen-year-old Jon Johansen, who was among the first to post the DeCSS program that allows users to view DVDs on computers using non-Windows or Macintosh operating systems, was raided yesterday in Larvik, Norway and his computer and cellular telephone seized by police.

The police were acting at the behest of the motion picture industry as part of the industry's attempt to suppress discussion and distribution of DVD-viewing software developed outside of the industry's licensing regime to prevent the free availability of such software.

Both Johansen and his father, who operated the website on which the teen posted the code, were questioned at length by the police and have been threatened with indictment for posting the code, which the motion picture industry dubiously claims was created illegally and promotes piracy. Legal analysis of Norwegian copyright and computer crime laws suggests the charges would not stick; the action appears intended to harass and frighten.

This action is in addition to three lawsuits filed by the Motion Picture Association of America and the DVD Content Control Association and their overlapping membership, in California, New York and Connecticut against numerous individuals and organizations including coders, journalists and an ISP. EFF's legal staff, aided by some of the nation's top attorneys in copyright law, are vigorously defending those named in the suits, to support the rights of individuals to legally develop, post, and discuss software.

"The motion picture industry is using its substantial resources to intimidate the technical community into surrendering their rights of free expression and fair use of information", said Tara Lemmey, President of the Electronic Frontier Foundation. "These actions are a wake-up call for the open-source software community. The process of reverse-engineering and public posting and commenting of code that the MPAA is attempting to suppress is fundamental to the development of open source software as well as being constitutionally-protected speech."

EFF plans to assist the Johansen family and has already contacted several experts in European copyright law to involve them in the case.

For more information and background material on the MPAA/DVDCCA crusade to censor free speech and innovation under the smokescreen of preventing piracy, visit EFF's Campaign for Audiovisual Free Expression ( http://www.eff.org/cafe ) or follow some of the links below.

WHAT YOU CAN DO

Support EFF by making a special donation. The movie industry is clearly trying to spread us thin and make us expend all our resources. They've filed three lawsuits, generated one bogus criminal investigation, and will almost certainly do more -- hoping to spend us out of the way. Please don't let that happen. EFF is the only organization fighting this legal battle against big money and corporate arrogance. We need your help! You can make a donation via our secure Web site (just fill in the donation section of our membership form, and please become a member, too!) You can also send a check, or even donate stock. Membership/donation form (Visa, MC, AmEx):
https://www.eff.org/join

Contact info for postal or telephoned donations, and stock donations:
   Electronic Frontier Foundation
   attn: Kathleen Guneratne, Membership Coordinator
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PGP Key for encrypted donations via e-mail (send to membership@eff.org):
http://www.eff.org/pub/EFF/effkey.pgp

Were working on other ways for members and supporters to get involved -- we'll send out another edition of EFFector and feature it on our website as well.

Thanks for your help and support.

Links to More Information

EFF's Campaign for Audiovisual Free Expression (CAFE)
http://www.eff.org/cafe

Coverage in Norwegian Press (in English):
http://www.aftenposten.no/english/local/d121152.htm

EFF press release regarding related NY, CT cases:
http://www.eff.org/ip/Video/MPAA_DVD_cases/20000120_eff_press_release.html

CNN coverage of injunction granted in NY case:
http://www.cnn.com/2000/TECH/ptech/01/21/dvd.hacking.reut/index.html

Wired News coverage of NY case:
http://www.wired.com/news/politics/0,1283,33816,00.html

General info on the open source community and DVD:
http://www.opendvd.org/

EFF's archives on the DVD cases:
http://www.eff.org/IP/Video

Full text of injunction order granted in related CA case: http://www.eff.org/ip/Video/MPAA_DVD_cases/20000120_pi_order.html

San Jose Mercury News coverage of denial of industry request for temporary restraining order in CA case: http://weblog.mercurycenter.com/ejournal/1999/12/29

NY Times coverage of CA case being filed: http://www.nytimes.com/library/tech/yr/mo/cyber/cyberlaw/07law.html

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