Open Source Under Attack: LiVid Leader Awaits Court Ruling

From Agent Smiley <>
Date 30 Aug 2000 21:02:46 -0000

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On Tue, 29 Aug 2000 22:37:37 -0700 Robin Gross <> wrote:
EFF DVD Update: California DeCSS Trade Secret Litigation -- 08-29-00
Open Source Under Attack: LiVid Leader Awaits Court Ruling 

Santa Clara County Judge William Elfving stated today that he would rule
in a few days on LiVid Project Leader Matthew Pavlovich's motion to
quash the case DVD-CCA brought against him for posting DeCSS.  Tuesday
morning a hearing was held on the issue of whether the state of
California and DVD-CCA can force Pavlovich, an individual with no
contacts to the state, to appear in a California court and defend
himself.  Allonn Levy of Huber Samuelson "appeared specially" for
Matthew Pavlovich and Robin Gross of EFF appeared on behalf of Andrew
Bunner to argue that it is fundamentally unfair for a California court
to assert jurisdiction over individuals from all over the world.

Open Source Initiative President Eric Raymond publicly responded to
DVD-CCA's erroneous statements made against the open source community in
its recent California legal filings:

Date: Mon, 28 Aug 2000 17:54:06 -0400
From: "Eric S. Raymond" <>
Subject: Open Source Initiative rejects defamation by DVDCCA

The DVDCCA states in its brief at

"Defendant Pavlovich is a leader in the so-called "open source"
which is dedicated to the proposition that material, copyrighted or not,
should be made available over the Internet for free."

This claim is both incorrect and defamatory.  The Open Source
Initiative, a 501(c)3 nonprofit organization that is the custodian of
of the Open Source Definition and widely recognized in the open source
community for its educational and advocacy work on behalf of the
that community, takes the strongest possible exception to it.

We in the open source movement respect copyright; in fact, we use
copyright law to underpin the licenses that define the social contract
of our community.  The basis of Matthew Pavlovich's work, and of our
community's opposition to the DVDCCA lawsuit, lies in that social
contract; a belief, founded in both engineering pragmatics and ethical
conviction, in the *voluntary* sharing of program source code and the
*voluntary* renunciation of secrecy.

The core principles of open source are transparency, responsibility,
and autonomy.  As open source developers, we expose our source code to
constant scrutiny by expert peers.  We stand behind our work with
frequent releases and continuing inputs of service and intelligence.
And we support the rights of developers and artists to make their own
choices about the design and disposition of their creative work.

The results of this policy of openness can be seen in the enormous
public benefit that has come through the open-source movement's works:
the World Wide Web, the core software of the Internet itself, and
the Linux operating system.

While we advocate the full disclosure of code, and we support Matthew
Pavlovich's right to reverse-engineer proprietary technology in order
to permit Linux users to play DVDs that they legally own on machines
they legally own, we oppose piracy and reject as a prejudicial
falsehood the DVDCCA's attempts to tie the open source community to
copyright violation.

Issued by and for the Board of Directors of OSI
by Eric S. Raymond, President
28 August 2000

Matthew Pavlovich's Motion to Quash for lack of jurisdiction:

DVD-CCA's Opposition to Pavlovich's Motion:

EFF Archive for DVD-CCA Cal. trade secret case:

EFF's DVD Archive:

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