Johansen Trial Underway 227
Info is trickling in about Jon Johansen's trial In Norway, where he is accused of violating Norwegian law. Aftenposten and VG Nett have stories, and there's at least one amateur account of the trial. The trial is supposed to last a week, and I'm sure Slashdot will keep up with it, so please submit only *new* stories about it, thanks.
Re:Type of Judicial System (Score:2, Informative)
CNN even picked it up! (Score:5, Informative)
Amazingly the CNN story isn't actually 100% biased.
Making a case out of him using Linux (Score:5, Informative)
Here's [aftenposten.no] another article.
Also, here's [www.efn.no] a statement from Electronic Frontier Norway (EFN) on the matter
Kevin Mitnick's First Chapter (Score:3, Informative)
Re:Type of Judicial System (Score:3, Informative)
IANAL but I think that you are considered innocent until proved guilty.
But you can be kept in prison before your have been sentenced, if it's found necessary to ensure that evidence is not tampered with.
There is no death penalty in Norway, with the exception of wartime. The last person that received this penalty, was Vidkun Quisling and he received it for his actions during the WWII.
Re:Type of Judicial System (Score:3, Informative)
Re:Type of Judicial System (Score:4, Informative)
This is why Turkey recently eliminated theirs... to help them qualify for entry.
Short review of todays norwegian news (Score:3, Informative)
From what I've read, it seems that they are currently discussing wether or not CSS is a copy protection or not, and the fact that Johansen didn't break any laws when he wrote the GUI for DeCSS. As you know, some german guys did the hard work, and Johansen is taking the kicks.
I'll keep you posted
-skurk
Re:Type of Judicial System (Score:5, Informative)
excerpt 1:
PROSECUTORIAL AND JUDICIAL PROCESS
1. Rights of the accused.
*Rights of the accused. The rights of the accused are described in the Criminal Procedures Act. The accused must be informed of the nature of the charge(s) brought against him or her upon being arrested and attending court for the first time. The accused must also be given the chance to refute the grounds on which the charge is based. (Criminal Procedures Act, Sect.90,92,171).
Although the accused has a general right to attend court proceedings and to summon and examine witnesses, the court can order him or her to leave the courtroom while a witness is being examined "if there is special reason to fear that an unreserved statement will not otherwise be made." The accused must be informed subsequently of the proceedings that occurred in his or her absence. In special circumstances, such as if national security interests are at stake, the accused may be entirely excluded from the proceedings. (Criminal Procedures Act, Sect. 135,245).
The court's verdict must be communicated to the accused as soon as possible, along with information on rights of appeal. Court judgements and orders are to be accompanied by reasons. (Criminal Procedures Act, Sect.39-41,43,52).
The accused has the right to bring appeals against court verdicts, both on questions of fact and questions of law. There are, however, several limitations on the exercise of this right. For example, appeals to the Supreme Court, which is the highest judicial body, can only take place if permitted by the Court's Appeals Selection Committee (Kjoeremlsutvalget). Moreover, the general rule is that such appeals can only be based on alleged errors of law. In other words, the Supreme Court is unable to try questions of evidence related to the issue of guilt. (Administration of Justice in Norway, 1980: 65-66; Criminal Procedures Act, as amended new Chapt 23, Sect. 323, 1993).
The accused do not have the right to have their cases tried by jury. As a basic rule, however, appeals from verdicts reached by the court of first instance on cases concerning felonies punishable by more than 6 years' imprisonment are dealt with by the High Court (Lagmannsrett). In these cases, there is a jury (lagrett) present to decide the question of guilt. (Criminal Procedures Act, new Chapt 24, as amended, 1993).
*Assistance to the accused. As a general rule, the accused is entitled to the assistance of defense counsel of his or her choice during all stages of the judicial process. The accused is also provided with the free assistance of defense counsel, chosen by the court, during the main court hearing. There are several exceptions to the latter rule, such as if the case involves a
certain minor offense, like driving under the influence of alcohol, or when the accused has made an unreserved confession. However, these exceptions apply only in cases tried by the City or District Court. (Criminal Procedures Act, Sect. 94,96,100,107,262).
***
excerpt 2:
PENALTIES AND SENTENCING
2. Types of penalties.
*Death penalty. There is no death penalty.
Re:Type of Judicial System (Score:2, Informative)
A Norwegians two cents. (Score:5, Informative)
As long as the crime isn't done in the purpose of gaining money, the law thats used to prosecute him has a highest possible punisment of 6 months.
To sum up, the prosecution has a paper-thin case, and it is my view that they only prosecute because of all the attention, and if the judge isn't incompetent Jon will surley win. But judges sometimes are
(pardon my english)
There's been too much work put into it... (Score:5, Informative)
Kinda reminds me of the latest "doping-scandal" in Norway. Our biggest commercial TV station had been working for over a year trying to dig up sensational news about doping among norwegian top athletes. They didn't really have anything to go on but aired it anyway, and the program was picked apart as a bunch of loose rumors and false information, plus some very bad journalism. The executives ended up holding a press conference disavow the whole program, and cashed out 700,000$+ "voluntarily" to try to undo the damage.
Kjella
Re:It seems that neither sides understands (Score:5, Informative)
Unfortunately most of lawyers don't read Slasdot or any other tech-education site (it really is a problem, for example the Law School in Helsinki University had 2-3 voluntary short courses on these topics and most of students didn't take them.)
About reverge engineering, yes, it is allowed under quite strict circumstances, the EU-directive (Council Directive 91/250/EEC, it's the same in Norway and Germany) sets a 6 step test for decompilation:
In this case the it's not clear if the information was readily available (from DVDCCA,NDA + price could make it possible to at least argue otherwise) and also it's unclear whether the reverge engineered software was legally bought or not..
Ville
Electronic Frontier Finland
Re:Type of Judicial System (Score:2, Informative)
Act of 22 May 1981 No. 25 relating to Legal Procedure in Criminal Cases (The Criminal Procedure Act) [ub.uio.no] with subsequent amendments, most recently by Act of 17 July 1998 No. 56
Specifically, p.22:
" 69. Even though guilt is deemed to be proved, a prosecution may be waived provided that such special circumstances exist that the prosecuting authority on an overall evaluation finds that there are weighty reasons for not prosecuting the act.
Waiver of prosecution pursuant to the first paragraph can be made conditional upon the person charged not committing any new offence during the probationary period. The probationary period is two years from the day the decision to waive the prosecution was made, but not longer than the limitation period for the institution of criminal proceedings for the act in question.
Waiver of prosecution can also be made conditional upon such conditions as are specified in section 53 of the Penal Code, subsection 2, subsection 3 litrae a to f, subsection 4, and subsection 5. The person charged shall be given the opportunity to comment on the conditions beforehand. When the circumstances of the person charged provide reason for doing so, the prosecuting authority may during the probationary period terminate or alter conditions that have been laid down and fix new conditions."
Apparently, unless a prosecution (trial) is waived, he's assumed guilty until proven innocent. Is this correct, or am I missing something?
Re:You have no right to a free software DVD player (Score:4, Informative)
Once a trade secret is discovered, you have no legal recourse, oh, except of course for the DMCA in the US.
stories have it wrong (Score:4, Informative)
DeCSS has nothing to do with copying.
-Dave
Re:stories have it wrong (Score:1, Informative)
Re:You have no right to a free software DVD player (Score:1, Informative)
Re:Asinine (Score:2, Informative)
But I think that the prosecutor wouldn't know what it meant, regardless of the term used.