[free-sklyarov] Linux update withholds security info on DMCA terror

David Haworth david.haworth at altavista.net
Sun Nov 4 22:52:41 PST 2001


On Fri, Nov 02, 2001 at 08:18:54AM -0800, Seth David Schoen wrote:
> 
> The trouble is that this only (partly, and possibly only temporarily)
> disposes of the "misappropriation of trade secrets" claim used to
> attack DeCSS.  It doesn't do anything to the "circumvention device"
> claim -- it wasn't a ruling on or about the DMCA!

It doesn't really dispose of the "misappropriation" claim - although
it does give a hint about what the court is thinking. All it really
does is dispose of the prior restraint - i.e. a restraint on their
speech before the main decision of the court. The court could still decide
that Bunner et al have misappropriated a trade secret and must pay
the damages. Then there would also be grounds for a restraint
against publication.

Dave


-- 
David Haworth
Baiersdorf, Germany
david.haworth at altavista.net
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 228 bytes
Desc: not available
Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011105/3210f44e/attachment.pgp


More information about the Free-sklyarov mailing list