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'DVD Jon' Acquitted On All Counts in DeCSS Case
from the minor-victory-for-common-sense dept.
Here's John Leyden's story at the Register about the ruling.
LarsBT links to this Reuters newsflash and points out that since Johansen's arrest, "Norway has introduced legislation similar to the European Unions directive on copyright [pdf], making it illegal to circumvent any copyright protection - making it highly unlikely that he would be found not guilty under these new rules."
An anonymous reader writes with some background (or do a search on Slashdot for DeCSS ;)): "Read the DVD-Jon lawsuit story here and here" and notes that "'the prosecution decided to charge Johansen with a data break-in, rather than handle the matter as a copyright case.' The court said that DeCSS could be used both legally and illegally and referred to similar cases outside the computing industry. The court said it was difficult to conclude on Johansen's intentions with DeCSS, but there was no conclusive evidence."
Hip Hip . . . (Score:3, Insightful)
Re:Hip Hip . . . (Score:3, Interesting)
this could make me to believe in justice again
Re:Hip Hip . . .(not) (Score:4, Informative)
Peace,
Chuck
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Re:Hip Hip . . .(not) (Score:5, Informative)
Norway does not have to implement any EU directives whatsoever. Why? Because they are not a member of the EU
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Re:Hip Hip . . .(not) (Score:4, Insightful)
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What a surprise! (Score:4, Funny)
Indeed... (Score:3, Insightful)
Re:What a surprise! (Score:5, Insightful)
The judges (according the the Aftenpost article) went one step further than that and said there was "no evidence" to convict. This implies (to my untrained legal eye, which nonetheless is legally bound under pain of imprisonment to obey every single law in the land, every E.U. directive, and every libel law in Australia, because ignorance of the law is no excuse) that none of the evidence provided by the prosecution would lead the judges to convict Jon.
One small step forward for justice. That feels like such a hollow thing to say when thousands have disappeared from US streets to be held secretly (and legally) in internment camps.
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Re:What a surprise! (Score:5, Informative)
It seems to me that the U.S. government is doing what it wants to do and is making the rules up as it goes along. And yes -- the "media" is buying this and regurgitating just what it's being fed.
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Re:What a surprise! (Score:4, Insightful)
Have you heard this one? [charlotte.com]
"Five months later, the alleged proprietor of a small-time document mill is at the center of what appears to be the only criminal case of its kind in the United States since the Sept. 11 attacks -- one in which secret evidence has been presented against the defendant. Atriss remains in jail, now on $500,000 bond -- an amount consistent with a murder charge -- but prosecutors will not say why he poses such a serious risk or give him a chance to respond."
This is going too far. Our government is pissing all over the constitution. We are *not* at war until congress makes a declaration of war, and even then, US citizens have the right to see the evidence that is being used against them. I hope every one of you dumbasses who voted for the dumbass currently in charge is happy with the dictatorship that's forming right before your eyes.
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Norway (Score:5, Interesting)
I wonder what happened if he was american
Sklyarov anyone?
Re:Norway (Score:4, Informative)
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Re:Norway (Score:4, Insightful)
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Re:Norway (Score:4, Interesting)
The same should apply to the harm that the MPAA did to Johansen.
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Re:Norway (Score:5, Informative)
His company was acquitted, not him. Even if they were, he still spent a certain amount of time in a US jail, away from his family. He will never receive compensation for that time.
So, it seems that the USA and Norway are not equal. Especially as I don't remember a case where Norway attempted to use it's laws against someone not even in the country.
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read the entire verdict here (Score:5, Informative)
Very nice... (Score:3, Insightful)
Not supreme court (Score:5, Informative)
It ain't over till the fat geek burps...
Re:No double jeopardy rules? (Score:3, Informative)
Re:No double jeopardy rules? (Score:4, Informative)
There is no such thing as 'double jeopardy' in Norway.
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Re:Not supreme court (Score:5, Informative)
To be fair to the person who did this, she only sued because the coffee was abnormally hot (third degree burns requiring a skin graft). McDonalds knew about the risk. She initally just wanted McDonalds to pay her medical bills. McDonalds refused.
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Can't anyone get it right? (Score:5, Informative)
Norway, Europe & The World (Score:5, Insightful)
Even though Norway is not part of the EU, I'm sure people over here will pay attention and (hopefully) it will help sink that DMCA-like abomination the EC has been mulling over for a few years now for good.
It's happening. People are starting to pay attention. With most households owning a DVD player, things like "region code" are filtering down to the masses, and people are a lot more receptive when you attempt to explain how CSS, end-to-end encryption and the DMCA affect what they can (and are allowed) to do with digital media they payed for.
And most people do not like it one bit.
Re:Norway, Europe & The World (Score:5, Interesting)
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Re:Norway, Europe & The World (Score:4, Informative)
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Personal property (Score:5, Insightful)
Re:Personal property (Score:4, Informative)
Article here [olemiss.edu], here [216.239.39.100] and here [acm.org]. (Three ways to get to the same article.)
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Movie Rights.... (Score:4, Funny)
The sad thing is no one will watch it except for the underground hackers who have the skills to hack the CSS and watch it on their Linux box.
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Correcting errors (Score:5, Informative)
This is incorrect. We have _not_ implemented INFOSOC in our laws yet. Therefore, Jon Johansen has _not_ been found innocent under a INFOSOC-"enabled" law. We probably will have to, though, due to WIPO. :-(
Also, this was _not_ in the Norwegian equivalent of a Supreme Court. It was in one of the lowest courts. Økokrim (the ones prosecuting) has 14 days to ask for the case to processed again, in a higher court.
Re:Correcting errors (Score:5, Informative)
Indeed. The INFOSOC directive is also known as the European Copyright directive. (EUCD) [ukcdr.org] The status for implementation in the different states is here [wiki.ael.be]
We probably will have to, though, due to WIPO.
The Wipo Copyright Treaty (WCT) [wipo.org] is not the main problem. If you look at article 11, the "technological measures" (DRM) need not be "protected" against circumvention if it restricts acts that are "permitted by law".
The problem is that the EU (due to intensive lobbying and lack of citizen attention) has massively overimplemented the WCT. Thus the EUCD art. 6 demands that member states forbid circumvention even for many otherwise legal purposes.
Please note that the EUCD was passed years ago, and has to be implemented in national law. (Deadline Dec 22 2002, only Denmark and Greece made it.) That is, unless somebody challenges it before the European Court for being invalid. (I hope...)
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The verdict (Score:3, Informative)
GET READY (Score:4, Insightful)
This is just the first battle. (Score:3, Informative)
Of course... (Score:5, Interesting)
Infosoc (Score:5, Informative)
Norway is not part of the EU, but still takes most new EU-laws and directives and implements them into their own law. The irony of them implementing the Infosoc-directive (Euro-DMCA) mentioned above is that they're almost the only ones doing it [slashdot.org]. So far, only Denmark (*sigh*) and Greece has implemented the directive.
not really a victory (Score:5, Insightful)
Re:not really a victory (Score:4, Funny)
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Victory (Score:5, Interesting)
Score one for the good guys. This counts as a big win for Linux users, as we now have a case to cite. While that might not mean much here in the United States, it is a shininhg example that not all circumvention software is intended for use in pirating.
It also marks a major slap in the face for the MPAA, who needs one at the moment. They've been throwing their weight around too much the last few years, and it's about time they got put in their place. Now, all we need is a similar precident here in the US, and our rights to do what we want (privately, of course) with things that we buy will be ever the slightest bit safer.
I happen to have the DeCSS code (and no, I won't send it along, so don't ask). I haven't compiled it yet. I kept it around in the event that my DVD ROM would go to hell (which it did), so that I could boot into Linux and simply watch my DVDs. I wasn't going to rip them, burn them and ship them off to my friends. I was just going to watch them. Now, I happened upon a DVD player for free, so I really don't need it at the moment. It's just nice to have around, just in case.
Slight error in the article... (Score:3, Insightful)
Given the finding of the court it is unlikely that the prosecution will use their oportunity for appeal, firstly to the local circuit court, and from there into the supreme court.
Other stories... (Score:4, Informative)
CNN Europe [cnn.com]
Neowin(Netherlands) [neowin.net]
ABC News [go.com]
Google News [google.com]
History of DVD Jon:
DeCSS show trial opens in Oslo [theregister.co.uk]
The Register, UK - 10 Dec 2002
for his role in creating and distributing the DVD cracking DeCSS
AllegedDeCSS hacker faces two years [zdnet.co.uk]
ZDNet.co.uk, UK - 10 Dec 2002
utility that unwraps the copy protection found on DVDs, known as Content
No jail time sought for teen in Norway DeCSS trial [itworld.com]
IT World - 17 Dec 2002
In closing arguments Monday, prosecutors called for Jon Lech Johansen, the 19-year
old Norwegian charged with using and distributing DeCSS, a program that can
Prosecutors: Confiscate DeCSS hacker's computers [hollywoodreporter.com]
Hollywood Reporter, CA - 16 Dec 2002
owned on his Linux-based computer, for which DVD software had not yet been
DECSS AUTHOR JON JOHANSEN PLEADS INNOCENT TO COMPUTER BREAK-IN
2600 News - 09 Dec 2002
Jon Johansen, author of the DeCSS computer program which removes the encryption
from DVD video discs, has pleaded innocent in a Norwegian courtroom to
Stories on DeCSS in the US:
Supreme Court won't hear DeCSS case [com.com]
ZDNet.com - 06 Jan 2003
utility by a court order, but he could be sued again if he decides to
Supreme Court Withdraws Stay in DVD Encryption Case [internet.com] - InternetNews.com
US court lifts order in DVD decryption case [out-law.com] - Out-Law.com
Update To Pavlovich DeCSS case; Stay Lifted [slashdot.org] - Slashdot
Norwegian laws protect what a consumer can do... (Score:4, Insightful)
We need some laws like this in the United States.
Laws that say "I bought it, I own it, it's MINE."
More and more, corporations are attempting to retain control of their products after consumers have purchased them. This is not only unfair to consumers, it is profoundly contrary to the American tradition of property ownership.
(And, yes, I understand the distinction between "purchasing" and "licensing." I object to the imposition of legal fictions that assumes "licensing" in situations where the commonsense reality is that the transaction is a purchase).
Re:Norwegian laws protect what a consumer can do.. (Score:5, Interesting)
We need some laws like this in the United States.
Actually they do exist, hence the need for DMCA to turn them back. About a decade ago, a publishing executive told me they had never prosecuted people who photocopy books because lawyers had adviced them that property rights in the US likely allowed you to do so, and even to sell those copies so long as you didn't profit. "the last thing we need is a legal ruling making it official and unambiguously legal".
He also mentioned that in most other countries this would not be the case, but that "the US has one of the strongest personal property laws out there".
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Re:Norwegian laws protect what a consumer can do.. (Score:4, Insightful)
Not very likely. Although whether one is profiting from copying does have some bearing on whether copying falls into the "fair use" exception to copyright, it is not the only thing considered. Copying entire books and selling them is almost certainly not fair use and thus illegal (if the book is copyrighted and you do not have permission of the copyright owner) even if you do not profit from it.
There could be a number of other reasons why the publisher doesn't sue--most likely, because someone making and selling a handful of copies doesn't dent the publisher's profits enough to make it worth the cost of sending lawyers after the person doing the copying. If some organization were making and selling thousands of unauthorized copies--even if they were doing it without profit--you can bet the legitimate publisher would go after them, and the publisher would win, too.
Also, keep in mind that unlike trademarks, copyrights can be selectively enforced without diluting the copyright--if they choose not to prosecute some copyright violations, it does not affect their copyright.
IANAIPLBIDWWTOARB. (I am not an intellectual property lawyer but I do work with them on a regular basis.)
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Overturning-the-EUCD-HOWTO (Score:5, Interesting)
The EUCD has been passed. This means that the member states must implement it in their national legislation. They should have done so by Dec 22 '02 but only Denmark and Greece made it. Status reports here. [wiki.ael.be] Norway's not a member of the EU.
The EUCD can be overturned in two ways:
1. In the European Court.
This means that somebody challenges the directive for being invalid under the EU treaty. It could be. [www.ivir.nl]
It's hard to get a case before the European Court, so this would probably need backing by one of the member states. This is being looked into, but it's not easy.
2. Through normal legislative process.
The EUCD article 12(1) [ukcdr.org] states that "Not later than 22 December 2004" the Commission shall report on the application of the directive. Regarding article 6 (The bad one) "it shall examine in particular whether that Article confers a sufficient level of protection and whether acts which are permitted by law are being adversely affected by the use of effective technological measures [DRM]. Where necessary, in particular to ensure the functioning of the internal market
We definitely do intend to influence that report and have article 6 amended, but the entertainment industry is doing the same, so this isn't easy either.
On the other hand the directive was forged with very little public attention to article 6, so nearly all attention on the case would be in our favour.
Re:Overturning-the-EUCD-HOWTO (Score:4, Insightful)
But we have no influence on EU law, and can't vote for representaties which may influence the process. It's stupid, but that's what you get with a EU-ignorant population and a referendum.
Read-only laws, we have no write permission. Activists which are EU citizens will have to try to change the EUCD for us, through their elected representatives.
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If a thief farts and noones there.... (Score:5, Insightful)
The Axis of Evil is expanding (Score:4, Funny)
Now Norway.
Is Massachusetts next? This is scary.
Re:Video Tape (Score:5, Insightful)
When the VCR was introduced, the industry DID try and prevent it from being released to the public. IIRC, Disney was also a major lobbiest in trying to get the court to believe that VCRs were evil and would drive the whole movie/television industry broke.
I believe the court case that covered "time shifting" of content was a close vote.
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Re:Video Tape (Score:4, Interesting)
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Re:Let's hope that he asks damages (Score:5, Informative)
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