📄 00000288.htm
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<HTML><HEAD> <TITLE>BBS水木清华站∶精华区</TITLE></HEAD><BODY><CENTER><H1>BBS水木清华站∶精华区</H1></CENTER>发信人: linuxrat (叫我老鼠错不了), 信区: Linux <BR>标 题: 法庭驳回状告黑客侵犯DVD版权的诉讼请求[Forword] <BR>发信站: BBS 水木清华站 (Fri Dec 31 14:11:47 1999) <BR> <BR> 要知道我的英语水平很差的啦, 所以标题也需要大家自己验证的说. 呵呵 <BR> 大家还是训练一下英文吧, 我要拜师啦.... <BR>===============开始===================================== <BR> ____________________________________________________________________ <BR> <BR> Judge rejects group's request to block DVD program <BR> By Patricia Jacobus <BR> Staff Writer, CNET News.com <BR> December 30, 1999, 1:15 p.m. PT <BR> <BR> The movie industry faces a tough legal battle in its attempts to <BR> stop the distribution of software that can thwart encryption on <BR> DVDs, legal experts say. <BR> <BR> A Santa Clara County, Calif., judge yesterday rejected the <BR> industry's request for a temporary restraining order against the 72 <BR> named and anonymous individuals who stand accused of trade secrets <BR> violations for helping distribute a program known as DeCSS on the <BR> Web. The judge's rejection came a day after the complaint was <BR> filed. <BR> <BR> Another hearing on the matter is scheduled for Jan. 14, but legal <BR> experts say the movie industry, represented as plaintiffs by a <BR> group called the DVD Copy Control Association, may have a hard time <BR> proving the Web owners have done anything unlawful. <BR> <BR> One attorney said that bringing the case under California's state <BR> trade secrets laws was a novel tactic in such a case. <BR> <BR> "This is a new area of the law in terms of the facts," said Ronald <BR> Coolley, an attorney with the Chicago office of Houston-based law <BR> firm Arnold White & Durkee. <BR> <BR> But Coolley and other attorneys said the plaintiffs are likely to <BR> face serious difficulties in making the charges stick. <BR> <BR> California's trade secrets laws require the plaintiff to prove that <BR> a third-party user knew the material was protected and intended to <BR> commit further harm by distributing the information, Coolley said. <BR> <BR> Those immediately involved in cracking the DVD encryption code <BR> could stand some risk under the law, he said. But it could be more <BR> difficult to implicate others who merely made available copies of <BR> the program. <BR> <BR> "If they had knowledge, and intent, then the defendants could be <BR> held liable," he said. "Clearly, the judge had a question in his <BR> mind as to whether this could be proven." <BR> <BR> Attorney Jeff Schwartz, a partner of the Washington, D.C.-based <BR> firm McKenna & Cuneo, agreed that the plaintiffs face a difficult <BR> case. <BR> <BR> The DVD coalition should not have trouble proving that the <BR> information they owned was secret and that it was appropriately <BR> controlled, Schwartz said. But the industry will have trouble <BR> "showing how an individual accused in the lawsuit has somehow done <BR> something wrong," he said. "They're going to have a hard time <BR> tracking people down to determine if [the decoding] information was <BR> obtained illegally." <BR> <BR> "It's an interesting paper they've filed," he said. "They infer <BR> dastardly deeds, suggesting illegal piracy and violation of terms <BR> of various licensing agreements, but they don't provide a linkage <BR> to the people they are accusing of misappropriation." <BR> <BR> The DVD group was formed in December last year by the Motion <BR> Picture Association of America (MPAA), the Business Software <BR> Alliance and the Electronic Industries Alliance to license out the <BR> DVD Content Scrambling System--a technology used by all major U.S. <BR> movie studios to prevent the piracy of DVD versions of hundreds of <BR> copyrighted materials. <BR> <BR> In October, a 16-year-old Norwegian student posted on the Internet <BR> a program that defeats the security software on DVD-formatted <BR> movies. He has since stopped posting the information, according to <BR> sources familiar with the case, but others on the Web have <BR> distributed the information. <BR> <BR> The lawsuit seeks to put an end to the distribution. <BR> <BR> But according to the defendants, DeCSS was developed to provide <BR> interoperability with Linux, a format they say was not supported by <BR> the film industry. Such an action would be allowed under the <BR> Digital Millennium Copyright Act. <BR> <BR> The case also raises questions about the legality of the reverse <BR> engineering of DVD's copy-protection scheme. <BR> <BR> Coolley said again that issues of knowledge and intent could give <BR> plaintiffs headaches on this front. <BR> <BR> "You apply the Coke test," he said. "If someone takes Coca-Cola to <BR> the lab, analyzes it and figures out how to make it, that's <BR> perfectly legal." <BR> <BR> He said the situation becomes more complex when trade secret <BR> information is inadvertently made available to the public, as was <BR> the case in the creation of DeCSS. RealNetworks' Xing DVD player <BR> lacked the traditional encryption that protects most software DVD <BR> players, allowing developers to create software that de-scrambles <BR> the encryption on a DVD movie and compresses the file to a <BR> manageable size. <BR> <BR> "The question is whether the DeCSS developers knew they were <BR> dealing with trade secret information and intended to commit harm <BR> through their actions," he said. <BR> <BR> News.com's Evan Hansen contributed to this report. <BR>====================结束========================== <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: 202.112.168.252] <BR><CENTER><H1>BBS水木清华站∶精华区</H1></CENTER></BODY></HTML>
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