CSS lawsuit
From
Jason Castonguay <castongj@wam.umd.edu>
Date
Sat, 22 Jan 2000 01:46:38 -0500 (EST)
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Well, it finally happened.
There was an injunction against 2600, and all mirrors of the CSS
(DVD) code that were on the list at 2600, and I was one of them. I copied
the CSS code because I was interested in getting DVD support for Linux,
and wanted to fight against the DVD CCA, MPAA, and all the large
corporations that were saying that figuring out how their technology
worked was wrong.
I joined the LiViD project when it was first beginning, along with a
general linux-dvd list, in order to try and gain DVD support for
linux. I'm a big movie fan and thought it would be a neat thing to do. An
interesting mix of movies and cryptography, it seemed. Unfortunately, it was
way over my head. Right now, I'm working on and off on getting a nice
interface with the dvd support using XMMS.
Anyway, I encourage everyone to check 2600.com as there will be
announcements for upcoming protests. I know the Washington DC 2600 group is
planing something, probably something similar to the summer's protest for
Kevin Mitnick.
If anyone can help me with some contact information for legal aid, it
would be appreciated. Also, I have not received any notice in the mail,
email, or anything else, that this injunction was served to me. They
mention in the injunction
"and all persons in active concert or participation with them who receive
actual notice of this order by personal service or otherwise be and they
hereby are enjoined and restrained."
I took the code off my webpage, http://www.glue.umd.edu/~castongj/ , as I
don't understand if I am covered by this or not (or what it means), and
would like to speak with a lawyer before going any further. I have
attached the injunction that I found at
http://www.2600.com/news/2000/0121-pi.txt .
Thank you,
- --
Jason Castonguay castongj@bigfoot.com
Stop the Microsofting of our schools.
Don't let education get a blue screen of death.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------x
UNIVERSAL CITY STUDIOS,
INC., et al.,
Plaintiffs,
-against- 00 Civ. 0277 (LAK)
SHAWN C.
REIMERDES, ERIC CORLEY
a/k/a "EMMANUEL GOLDSTEIN," and
ROMAN KAZAN,
Defendants.
--------------------------------------------x
PRELIMINARY
INJUNCTION
Lewis A. Kaplan, District Judge.
Plaintiffs having moved for
a preliminary injunction and the Court having considered
papers in
support of and in opposition to the motion, heard argument of counsel,
made preliminary
findings of fact and conclusions of law on the record,
and indicated that it subsequently will file a
fuller opinion, it is
hereby
ORDERED, as folows:
1. Plaintiffs' motion is granted.
2.
Defenants Shawn C. Reimerdes, Eric Corley a/k/a "Emmanuel Goldstein"
and
Roman Kazan, their officers, agents, servants, employees and attorneys and
all persons in active
concert or participation with them who receive
actual notice of this order by personal service or
otherwise be and they
hereby are enjoined and restrained, pending the hearing and
final
determination of this action from
(a) posting on any Internet web
site, or in any other way manufacturing,
importing or offering to the
public, providing, or otherwise trafficking in DeCSS, and
(b) posting on
any Internet web site, or in any other way manufacturing,
importing or
offering to the public, providing, or otherwise trafficking in any
technology, product, service, device, component, or part thereof, that:
(i) is primarily designed or produced for the purpose of
circumventing,
or circumvention the protection afforded by,
CSS, or any other
technological measure adopted by plaintiffs
that effectively controls
access to plaintiffs' copyrighted
works or effectively protects the
plaintiffs' rights to control
whether an end user can reproduce,
manufacture, adapt,
publicly perform and/or distribute unauthorized
copies of
their copyrighted works or portions thereof;
(ii) has only
limited commercially significant purposes or use
other than to
circumvent, or to circumvent the protection
afforded by, CSS, or any
other technological measure adopted
by plaintiffs that effectively
controls access to plaintiffs'
copyrighted works or effectively protects
the plaintiffs' rights
to control whether an end user can reproduce,
manufacture,
adapt, publicly perform and/or distribute unauthorized
copies
of their copyrighted works or portions thereof; or
(iii) is
marketed by defendants and/or others acting in concert with
them with the
knowledge of its use in circumventing, or in
circumventing the protection
afforded by, CSS, or any other
technological measure adopted by
plaintiffs that effectively
controls access to the plaintiffs'
copyrighted works or
effectively protects the plaintiffs' rights to
control whether an
end user can reproduce, manufacture, adapt, publicly
perform
and/or distribute unauthorized copies of their copyrighted
works or portions thereof.
3. Certain terms use in this order are
defined as follows:
(a) "DVD" means digital versatile disc.
(b) "CSS"
means the Contents Scramble System used to encrypt,
scramble or otherwise
protect the contents of certain DVDs from being
copied.
(c) "DeCSS"
means any computer program, file or device that may be
used to decrypt or
unscramble the contents of DVDs that are protected, or
otherwise to
circumvent the protection afforded, by CSS and that permits the
copying
of the contents or any portion thereof.
4. The preliminary injunction
containted herein is effective immediately. Its
continuation beyond 5
p.m. on January 24, 2000 is contingent upon plaintiffs filing with the
Clerk,
at or before that time, cash or a bond in the amount of $10,000 for
the payment of such costs and
damages as may be incurred or suffered by
any party who is found to have been wrongfully enjoined
or restrained.
SO ORDERED.
Dated: January 20, 2000
Issued at: _5:40_ p.m.
___________[Signed]___________
Lewis A. Kaplan
United States District
Judge
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