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Appeals judges jab at 2600 lawyer during DeCSS oral arguments
- Date: Tue, 1 May 2001 19:01:13 -0400
- To: politech@politechbot.com
- Subject: FC: Appeals judges jab at 2600 lawyer during DeCSS oral arguments
- From: Declan McCullagh <declan@well.com>
http://www.wired.com/news/digiwood/0,1412,43470,00.html
DVD Piracy Judges Resolute
By Declan McCullagh (declan@wired.com)
2:05 p.m. May. 1, 2001 PDT
NEW YORK -- A trio of federal judges lobbed sharp questions on Tuesday
at a law school dean who argued it should be legal to distribute a
DVD-descrambling utility.
The judges, from the Second Circuit Court of Appeals, spent an hour
quizzing attorneys for both sides in Universal Studios v. Remeirdes et
al, a high-profile case that has pitted Hollywood against the
open-source community.
The panel of three judges appeared to be more sympathetic to the legal
arguments raised by the entertainment industry.
Judge Jon Newman predicted the widespread availabity of the DeCSS
descrambling utility would boost piracy of DVDs. "Not a remote
theoretical possibility, but a highly likely virtual certainty,"
Newman said.
Kathleen Sullivan, the dean of Stanford Law School, said the panel
should rule the Digital Millennium Copyright Act -- which a district
judge said outlawed DeCSS -- was unconstitutional, or at least did not
apply to her client, hacker-zine 2600 Magazine. Last year, a coalition
of movie studios sued 2600 for distributing a copy of DeCSS.
Sullivan compared the controversial DMCA to a "kind of digital
straightjacket" that restricts even people who purchase DVDs from
copying them or using them in other ways, such as using digital
excerpts in presentations, that courts have deemed permissible under
U.S. law.
"It's as if the laws, as applied, say you can't print a blueprint of a
copying machine," Sullivan said.
[...]
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