From: Tom Whore (tomwhore@inetarena.com)
Date: Thu Aug 17 2000 - 13:01:56 PDT
the ruling over DVD CCA vs Everyone appears to be in . It seems my tshirt
is now illegal. I hope I dont get sent home from work, i worse it today:)-
The Judgment
http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-08118.PDF
the Ruling
http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-08117.PDF
In the final analysis, the dispute between these parties is simply put if
not necessarily simply resolved. Plaintiffs have invested huge sums over
the years in producing motion pictures in reliance upon a legal framework
that, through the law of copyright, has ensured that they will have the
exclusive right to copy and distribute those motion pictures for economic
gain. They contend that the advent of new technology should not alter this
long established structure. Defendants, on the other hand, are adherents
of a movement that believes that information should be available without
charge to anyone clever enough to break into the computer systems or data
storage media in which it is located. Less radically, they have raised a
legitimate concern about the possible impact on traditional fair use of
access control measures in the digital era. Each side is entitled to its
views. In our society, however, clashes of competing interests like this
are resolved by Congress. For now, at least, Congress has resolved this
clash in the DMCA and in plaintiffs favor. Given the peculiar
characteristics of computer programs for circumventing encryption and
other access control measures, the DMCA as applied to posting and linking
here does not contravene the First Amendment. Accordingly, plaintiffs are
entitled to appropriate injunctive and declaratory relief. SO ORDERED.
Dated: August 17, 2000 _______________________________________ Lewis A.
Kaplan
United States District Judge
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