[free-sklyarov] Movie industry dealt DVD-cracking blow

Vladimir Katalov vkatalov at elcomsoft.com
Fri Nov 2 03:42:57 PST 2001


> http://news.cnet.com/news/0-1005-200-7751876.html

More on that:


I especially like some quotes. like:

"Like the CSS decryption software, DeCSS is a writing composed of
computer source code which describes an alternative method of
decrypting CSS-encrypted DVDs. Regardless of who authored the program,
DeCSS is a written expression of the author's ideas and information
about decryption of DVDs without CSS. If the source code were compiled
to create object code, we would agree that the resulting composition
of zeroes and ones would not convey ideas.

"That the source code is capable of such compilation, however, does
not destroy the expressive nature of the source code itself. Thus, we
conclude that the trial court's preliminary injunction barring Bunner
from disclosing DeCSS can fairly be characterized as a prohibition of
pure speech."

And this, the court reminds us, is presumed unconstitutional unless
proven otherwise, and of course the CCA offered no such proof:

"Prior restraints on pure speech are highly disfavored and
presumptively unconstitutional. (Hurvitz v. Hoefflin (2000) 84
Cal.App.4th 1232, 1241.) 'In the case of a prior restraint on pure
speech, the hurdle is substantially higher [than for an ordinary
preliminary injunction]: publication must threaten an interest more
fundamental than the First Amendment itself. Indeed, the [US] Supreme
Court has never upheld a prior restraint, even faced with the
competing interest of national security or the Sixth Amendment right
to a fair trial.'"

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