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发信人: linuxrat (竹剑居士*农大历史上最差的学生), 信区: Linux
标  题: 关于DeCSS法案的最新消息(4)[FWD]
发信站: BBS 水木清华站 (Sat Jan 22 08:25:47 2000)

URL: http://www.wired.com/news/politics/0,1283,33816,00.html
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   DVD Hackers Take a Hit in NY
   by Jeff Howe

   8:45 a.m. 21.Jan.2000 PST
   NEW YORK -- The motion picture industry scored a victory Thursday in
   its double-barreled battle against the defenders of DeCSS.

   After hearing three hours of argument, federal judge Louis A. Kaplan
   granted the MPAA's request for a preliminary injunction against three
   Web site hosts who had distributed the DVD decryption utility.

   The decision only restricts the defendants from offering the software
   until a formal trial is held, but the judge's wholesale rejection of
   defense arguments -- led by Electronic Frontier Foundation legal
   director Robin Gross -- offered a glimpse into the eventual outcome of
   the suit.

   "I don't think there's the slightest question that plaintiffs have a
   very good chance of success," Judge Kaplan said in issuing his
   decision.

   The suit has especially broad implications. The MPAA is suing under
   the controversial Digital Millennium Copyright Act (DMCA), and the
   current case charts untested water.

   "If Judge Kaplan's reading of the DMCA holds, then it will become
   illegal to build open source products that can interoperate and/or
   compete with proprietary ones for displaying copyrighted content," EFF
   co-founder John Gilmore said in a statement on the Web site.

   The DMCA prohibits the distribution of software that circumvents
   copyright protection technology, but it provides exception in certain
   cases of software produced through reverse engineering.

   The EFF, which is providing counsel in this case as well as another
   federal suit filed in Connecticut and an ongoing trial in California,
   argues that DeCSS is protected under the reverse engineering clause.

   Because the issue of reverse engineering is central to the suit, the
   case is of special interest to the open source community.

   The defense also argues that DeCSS is expression protected under the
   First Amendment. "DeCSS code is just that: code," Allonn Levy argued
   for the defense. "Computer code may be difficult for most of us to
   read, but there are individuals who can read it."

   The judge scoffed at these arguments and others, frequently
   interrupting Gross and Levy and chiding them for a lack of
   preparation. On Tuesday, Judge Kaplan had denied a request by the EFF
   legal team for a postponement.

   The hearing was marked by some degree of confusion. Unable to attend
   the hearing in person, Gross and Levy participated via teleconference.
   Peter Katz, the New York based lawyer and also a defendant in the
   California state suit, represented the defense in person.

   Opting for a simple reading of the technology involved in DeCSS, Judge
   Kaplan denied the defense's request to deny the injunction on the
   basis that a greater understanding of technical issues be considered
   before rendering relief.

   "Now really, Ms. Gross, I think it's a mistake for you to assume
   you're talking to a moron," said the judge, who pronounced Linux with
   a long "i" (the correct pronunciation is LIH-nix), and required a
   short briefing on the concept of linking.
   (Rat附注: 呵呵, Linux的读音是个经典问题哦. ^_^)

   If the hearing offered a ray of hope for the defense, it was on the
   subject of linking. After rendering his decision, counsel for the
   plaintiff requested the injunction extend to sites that link to sites
   offering downloads of DeCSS.

   After brief consideration, the judge denied the request.

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