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发信人: linuxrat (叫我老鼠错不了), 信区: Linux
标  题: 法庭驳回状告黑客侵犯DVD版权的诉讼请求[Forword]
发信站: BBS 水木清华站 (Fri Dec 31 14:11:47 1999)

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
大家还是训练一下英文吧, 我要拜师啦....
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     Judge rejects group's request to block DVD program
     By Patricia Jacobus
     Staff Writer, CNET News.com
     December 30, 1999, 1:15 p.m. PT

     The movie industry faces a tough legal battle in its attempts to
     stop the distribution of software that can thwart encryption on
     DVDs, legal experts say.

     A Santa Clara County, Calif., judge yesterday rejected the
     industry's request for a temporary restraining order against the 72
     named and anonymous individuals who stand accused of trade secrets
     violations for helping distribute a program known as DeCSS on the
     Web. The judge's rejection came a day after the complaint was
     filed.

     Another hearing on the matter is scheduled for Jan. 14, but legal
     experts say the movie industry, represented as plaintiffs by a
     group called the DVD Copy Control Association, may have a hard time
     proving the Web owners have done anything unlawful.

     One attorney said that bringing the case under California's state
     trade secrets laws was a novel tactic in such a case.

     "This is a new area of the law in terms of the facts," said Ronald
     Coolley, an attorney with the Chicago office of Houston-based law
     firm Arnold White & Durkee.

     But Coolley and other attorneys said the plaintiffs are likely to
     face serious difficulties in making the charges stick.

     California's trade secrets laws require the plaintiff to prove that
     a third-party user knew the material was protected and intended to
     commit further harm by distributing the information, Coolley said.

     Those immediately involved in cracking the DVD encryption code
     could stand some risk under the law, he said. But it could be more
     difficult to implicate others who merely made available copies of
     the program.

     "If they had knowledge, and intent, then the defendants could be
     held liable," he said. "Clearly, the judge had a question in his
     mind as to whether this could be proven."

     Attorney Jeff Schwartz, a partner of the Washington, D.C.-based
     firm McKenna & Cuneo, agreed that the plaintiffs face a difficult
     case.

     The DVD coalition should not have trouble proving that the
     information they owned was secret and that it was appropriately
     controlled, Schwartz said. But the industry will have trouble
     "showing how an individual accused in the lawsuit has somehow done
     something wrong," he said. "They're going to have a hard time
     tracking people down to determine if [the decoding] information was
     obtained illegally."

     "It's an interesting paper they've filed," he said. "They infer
     dastardly deeds, suggesting illegal piracy and violation of terms
     of various licensing agreements, but they don't provide a linkage
     to the people they are accusing of misappropriation."

     The DVD group was formed in December last year by the Motion
     Picture Association of America (MPAA), the Business Software
     Alliance and the Electronic Industries Alliance to license out the
     DVD Content Scrambling System--a technology used by all major U.S.
     movie studios to prevent the piracy of DVD versions of hundreds of
     copyrighted materials.

     In October, a 16-year-old Norwegian student posted on the Internet
     a program that defeats the security software on DVD-formatted
     movies. He has since stopped posting the information, according to
     sources familiar with the case, but others on the Web have
     distributed the information.

     The lawsuit seeks to put an end to the distribution.

     But according to the defendants, DeCSS was developed to provide
     interoperability with Linux, a format they say was not supported by
     the film industry. Such an action would be allowed under the
     Digital Millennium Copyright Act.

     The case also raises questions about the legality of the reverse
     engineering of DVD's copy-protection scheme.

     Coolley said again that issues of knowledge and intent could give
     plaintiffs headaches on this front.

     "You apply the Coke test," he said. "If someone takes Coca-Cola to
     the lab, analyzes it and figures out how to make it, that's
     perfectly legal."

     He said the situation becomes more complex when trade secret
     information is inadvertently made available to the public, as was
     the case in the creation of DeCSS. RealNetworks' Xing DVD player
     lacked the traditional encryption that protects most software DVD
     players, allowing developers to create software that de-scrambles
     the encryption on a DVD movie and compresses the file to a
     manageable size.

     "The question is whether the DeCSS developers knew they were
     dealing with trade secret information and intended to commit harm
     through their actions," he said.

     News.com's Evan Hansen contributed to this report.
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