📄 00000048.htm
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contains information about the DeCSS. <BR> <BR> "These activities constitute infringement of the exclusive rights <BR> to make copies and to distribute copies; and constitute an <BR> infringement of copyright by offering goods or services which are <BR> primarily designed to circumvent technological protection <BR> measures," the letter states. <BR> <BR> Ristuccia, who received the cease-and-desist letter Wednesday, said <BR> he is not about to back down. He acknowledges that his site <BR> contains the Linux Video and DVD Project (LiViD) and other features <BR> but maintains that the "claims that the publication of these items <BR> violates copyright law are false." <BR> <BR> "I appreciate the fact that there are cultural perceptions about <BR> how information should flow, but the people who have those <BR> perceptions still must conduct themselves in conformity with the <BR> law," said Harvey Shapiro, an attorney at the law firm representing <BR> the MPAA. "By putting (the decoder) up there and allowing people to <BR> make copies of the software, it might constitute an infringement of <BR> copyright." <BR> <BR> Although the DMCA, passed in October 1998, made it a crime for a <BR> person to breach copyright-protected devices, that part of the law <BR> has not gone into effect yet because of exemptions for research and <BR> education. <BR> <BR> Yesterday's preliminary injunction in New York comes less than a <BR> month after a Santa Clara County, Calif., judge rejected the <BR> industry's request for a temporary restraining order against 72 <BR> people accused of violating trade secrets by helping distribute the <BR> decoder over the Web. <BR> <BR> The judge in the California case rejected an initial request for a <BR> restraining order last month but is expected to hold a hearing on <BR> the matter next week. <BR> <BR> The defendants argue that the DeCSS was developed to make the DVD <BR> format compatible with Linux operating software so that DVDs could <BR> be played via computers that run Linux. <BR> <BR> Many in the software industry consider reverse engineering both <BR> legitimate and important for the development of systems' <BR> interoperability, citing the importance of the open source movement <BR> in challenging Microsoft's control of the desktop with its Windows <BR> operating system. The EFF says the DVD case strikes at the heart of <BR> reverse engineering. <BR> <BR> "Today's decision is a major wake-up call for the $30 billion Linux <BR> community," EFF cofounder John Gilmore said in a statement. "If <BR> Judge Kaplan's reading of the DMCA holds, then it will become <BR> illegal to build open source products that can interoperate and/or <BR> compete with proprietary ones for displaying copyrighted content." <BR> <BR> Morever, the New York decision could impinge on people's rights <BR> over the use of their DVDs. <BR> <BR> "If this ruling is upheld, it would be a huge blow to fair use," <BR> which gives people the right to make copies for personal use <BR> without the author's permission, said EFF staff attorney Robin <BR> Gross. <BR> <BR>======End========= <BR>-- <BR>|======================+========================+====================| <BR>| 以无法为有法 , | 拳本无法,有法也空; | 我爱GNU/Linux, | <BR>| 以无限为有限 | 一法不立,无法不容。| 因为我爱自由! | <BR>| | | | <BR>| 截拳道宗师-李小龙 | 意拳宗师-王芗斋 | 土人 Linuxrat | <BR>|======================+========================+====================| <BR> <BR>※ 来源:·BBS 水木清华站 smth.org·[FROM: 202.112.168.253] <BR><CENTER><H1>BBS水木清华站∶精华区</H1></CENTER></BODY></HTML>
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