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The Courts Government News

DeCSS: Jon Johansen Retrial Begins 559

JPMH writes "Jon Johansen is back on trial for DeCSS. Despite the acquittal back in January, the Norwegian Economic Crime Unit (OKOKRIM) is allowed to bring his case back before an enlarged panel of judges. The retrial begins today."
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DeCSS: Jon Johansen Retrial Begins

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  • by mirko ( 198274 ) on Tuesday December 02, 2003 @11:30AM (#7608845) Journal
    So, let me get this straight : a guy does something that raises suspicion and gets a trial.
    He's found innocent.
    So, he's being tried again... and again ?
    Why don't they directly send him to the electric chair ?
    After all : they won't stop until he's found guilty, will they ?
  • hmm (Score:-1, Insightful)

    by obsequious23 ( 702321 ) on Tuesday December 02, 2003 @11:30AM (#7608852) Homepage
    I'll be curious to see what comes of this case.
  • Gee, (Score:2, Insightful)

    by Anonymous Coward on Tuesday December 02, 2003 @11:32AM (#7608870)
    I didn't know that Hollywood, USA had the legal authority to put Norweigans thru a retrial after an acquittal. What next, will Jon be tried as a terrorist?
  • Re:Pay the piper. (Score:5, Insightful)

    by PowerBert ( 265553 ) on Tuesday December 02, 2003 @11:35AM (#7608898) Homepage
    If it wasn't for Jon, I wouldn't have 60+ DVDs at home and the movie industry wouldn't have 900 of my hard earned cash.

    I don't have a DVD player, I dont run windows. If it wasn't for Jon and the fine guys at Ogle, Mplayer, Xine, etc I wouldn't buy DVDs.

    The movie industry needs locking up in a cell with a 7 foot guy called Buba wearing a dress. Pricks!
  • by a_timid_mouse ( 607237 ) on Tuesday December 02, 2003 @11:39AM (#7608929)
    Oh no? What about O.J.? Same crime, two different courts (criminal vs. civil). Is this the same kind of situation?
  • by rcastro0 ( 241450 ) on Tuesday December 02, 2003 @11:39AM (#7608943) Homepage
    DeCSS2 will be created just like DeCSS was, but instead of one "Jon Johansen" its creator's name will most likely sound like "d00d" or "DaMan".
  • by 0123456 ( 636235 ) on Tuesday December 02, 2003 @11:39AM (#7608944)
    Again, civilized countries don't let the government appeal an acquittal, which is precisely what's happening here.
  • Re:Pay the piper. (Score:1, Insightful)

    by real_smiff ( 611054 ) on Tuesday December 02, 2003 @11:41AM (#7608957)
    no offense, but i doubt the suits care - you represent such a very tiny % of the market for their products.
  • by grazzy ( 56382 ) <grazzy@quake.sMONETwe.net minus painter> on Tuesday December 02, 2003 @11:41AM (#7608966) Homepage Journal
    Before we all get all tear-eyed with nationalistic ideals etc etc, we should remember where RIAA and MPAA comes from.

  • by sethadam1 ( 530629 ) * <ascheinberg@gmai ... minus physicist> on Tuesday December 02, 2003 @11:42AM (#7608972) Homepage
    (I am not a lawyer, of course, but...)

    You certainly CAN be tried for the same crime twice. You cannot, however, be tried on the same charge. Not to mention, you can be tried in criminal court, and then again in civil court, a la OJ Simpson.

    No, admittedly, it's not likely that the Justice system - if you call it that - would try you for manslaughter after finding you "not guilty" of murder, but you CAN be found guilty of one infrigement and not of another - for the same crime.
  • by 0123456 ( 636235 ) on Tuesday December 02, 2003 @11:46AM (#7609016)
    "Why should it be that a prosecutor could not appeal?"

    Because there have been numerous cases in history of people being harassed by governments until they went bankrupt or were finally found guilty on a bogus charge. If the government doesn't have the evidence to convict, then it shouldn't be bringing a case... and if that evidence doesn't convict the jury, then they have no grounds for trying a second time.

    That you can even consider this a good thing for one second is a clear example of why Europe and the Anglo nations (all of which, I believe, ban such retrials) will never get along. We've never trusted our governments, and for good reason.
  • by 0123456 ( 636235 ) on Tuesday December 02, 2003 @11:50AM (#7609060)
    ""Government abuse" isn't really possible"

    A second trial for someone who's been acquitted is _already_ abuse. No free country would allow such a thing, nor consider that the people who make up their government should for one moment be considered trustworthy to have that power: any power given to them will be abused sooner or later, as it is here.

    Again, that's the difference between Anglo nations and European nations: we'll take the chance of someone being acquitted improperly before we'll trust the government not to abuse their powers, Europeans trust their governments not to abuse their powers more than someone being acquitted improperly. Oddly enough, the worst government abuses by far in the developed world have happened in... mainland European countries where they trust the governments not to abuse their powers.
  • by Overzeetop ( 214511 ) on Tuesday December 02, 2003 @11:53AM (#7609082) Journal
    No, OJ dis not face criminal prosecution twice for the same crime. The key is the governments ability to restrict or revoke an individual's liberties.

    Both trials were a farce. The criminal trial demonstrated how flawed the legal system is. A jury of your peers has turned into a jury of the uneducated and unemployed who understand neither the legal system nor the law, much less the simple physics of everyday life. The civil trial demostrated the inequity of the legal system. If OJ had been a penniless street kid he wouldn't have gotten sued. He had money, and the family decided to punish him financially via the courts. OF course, as a penniless street kid, he would have hanged after his court appointed attorney slept through most of the trial.

  • by dabadab ( 126782 ) on Tuesday December 02, 2003 @11:54AM (#7609086)
    They can appeal ONCE.
    Get it? ONCE.
    And, since it is a criminal case, he gets a free lawyer from the state, if he can not afford one.

    "and if that evidence doesn't convict the jury"

    There was no jury, his innocence was decided by three judges. They could be wrong, that's why the case is retrialed with an expanded panel of judges.
  • Wording... (Score:2, Insightful)

    by OneFix at Work ( 684397 ) on Tuesday December 02, 2003 @11:58AM (#7609123)
    The wording here is misleading. He's not really being tried in the same court...if I had to compare it to something most of us would know, it would be the US Supreme Court. You can start small and work your way up through the system, this is what has happened with his case.

    What we have now, that we didn't have much of before was derivative works. Just who is using DeCSS? There are certainly a lot of DVD players for Linux that use the libraries to play encrypted DVDs...But on the other hand, every DVD ripper that uses DeCSS code is going to hurt his case.
  • by Overzeetop ( 214511 ) on Tuesday December 02, 2003 @11:59AM (#7609132) Journal
    ...for fighting the good fight.

    He's a bright kid (in the computer sense), and yet - apparently - stupid enough to pick on a 600 pound gorilla (RIAA/MPAA). I suppose the only thing to say is, "Thank you." Even US corporations with fat legal warchests aren't willing to take such a chance. Every revolution must start somewhere, and most truly successful ones start at the bottom.

  • by Anonymous Coward on Tuesday December 02, 2003 @12:03PM (#7609183)
    Most civilized countries have also abolished the death penalty.
  • by zmooc ( 33175 ) <zmooc@[ ]oc.net ['zmo' in gap]> on Tuesday December 02, 2003 @12:04PM (#7609189) Homepage
    Yeah - be happy!; in the US only 10% of the cases gets to a trial at all; the other 90% is blackmailed and never sees a judge. In Norwich on the other hand all suspects get a chance to be judged by the judge and after that both parties get a second chance to be judged by a higher judge. Now which of those systems do you prefer?
  • bloody rediculous (Score:5, Insightful)

    by CAIMLAS ( 41445 ) on Tuesday December 02, 2003 @12:06PM (#7609203)
    Nothing like companies/industries not wanting their products to be sold.

    It makes absolutely no sense why the RIAA would give a damn about DeCSS - it enables people to watch their over-priced DVDs in foreign countries. This requires at least some purchase. What's the deal?
  • by Anonymous Coward on Tuesday December 02, 2003 @12:07PM (#7609207)
    "This is to protect citizens against the possibility of being harassed until they go bankrupt or are found guilty."

    Except, in scandinavian countries (which have very similar legal systems) there is no reason to go bankrupt in a criminal case. Your legal advise is payed by the government anyway. To claim that all civilized legal systems must build on the same principles as the US is, to put it mildly, stupid.

    There are good reasons for the prosecutor to be able to appeal. A higher court is normally more competent than a lower one. Personally I don't like a system where the only way to have a supreme court ruling is with convictions in lower courts. This creates incentives for lower courts to convict, just to have the case tested.
  • by 0123456 ( 636235 ) on Tuesday December 02, 2003 @12:09PM (#7609234)
    "There is no reason to prevent the government from retrying their case once or twice."

    There are very good reasons: for example, historically juries in civilised nations have routinely refused to convict people for breaking unpopular laws, effectively providing direct democracy in the jury box. Since the prosecutor can't get a retrial, that person is now free.

    This is why Prohibition was finally ended in America: it simply became too difficult for the cops to get anyone convicted. In Europe, they would have been tried by judges, found guilty by the government, and the law would still stand.

    "In theory, due to your double jeopardy laws, if the accused is guilty and aquitted - he may walk out of the courtroom and then tell the press "They released me, but really - I did do it! Ha! Ha!""

    Indeed they could. Which is far better than an innocent person being persecuted by the government with repeated retrials... particularly if that "guilty" person was breaking some bogus law that 90% of the population oppose.

    See, this is the difference between the civlised, "innocent until proven guilty" nations and the authoritarian "guilty until proven innocent" nations. As bad as some abuses have been in Britain and America, we've never started World Wars or slaughtered millions of our own people: there are good reasons for that, and our long-standing fear of giving people uncontrolled power is the largest one.
  • by The Evil Couch ( 621105 ) on Tuesday December 02, 2003 @12:13PM (#7609276) Homepage
    I would rather have a panel of people that understand the law and are at least somewhat educated deciding my fate than easily swayed sheep that were picked at random from a pool of registered voters/liscensed drivers.

    Judges are significantly less likely to fall for misdirection tricks from a lawyer than a soccer mom.

  • by Richard_at_work ( 517087 ) * on Tuesday December 02, 2003 @12:19PM (#7609346)
    No, different in every case.

    OJ was tried in a crinimal court of law and found not guilty based on the evidence. HE was then pursued in a civil court of law and was found to be responsable for the deaths, regardless of not being guilty of the deaths. There is a difference, someone can be found responsable for something without actually doing it.

    The bit that most people leave out here is that OJ appealed the responsable verdict and it was found in his favour, so essentially he came out of the whole ordeal with nothing against him, except now his reputation was in tatters.

    In some European legal systems, you have a tier of courts. In the UK this goes from your local magistrate, all the way up to the House of Lords (yes, one part of our government actually takes part in the legal process), and increasingly, the Euorpean Court of Human Rights. Either party can apply to the court above the one that returned the verdict for leave to appeal, which basically means you move up a stage in the courts to a court which has more standing. That court can either grant your application for an appeal, or turn it down. If you get it turned down, you have one more chance to have that decision overturned, if not then the last verdict returned stands.

    The Double Jepordy stands if the above process has been exhausted and the defendant is still found not guilty. He cannot be arrested and charged with the same crime for successive times, even if compelling new evidence has been discovered. This is about to change in the UK, as the current government is introducing legislation which will allow a person to be tried for a crime multiple times if compelling new evidence is discovered.

    From what I know, the Norwedgen legal system is much like the UKs, with tiers of courts, each having more standing than the one below. A verdict can be appealed to the court above, basically in the hope that that court may have different ideas, or understand the situation better. Indeed, some cases are passed up the chain voluntarily by lesser courts who deem themselves to not have enough legal standing to deal with the situations that arise.
  • by vidarh ( 309115 ) <vidar@hokstad.com> on Tuesday December 02, 2003 @12:21PM (#7609364) Homepage Journal
    In that case I think you'll find NO civilized countries, and certainly not the US. As for the specific case of double jeopardy, you are taking one tiny aspect of differences in the legal system and trying to present it as a massive change in favour of the state, when I'm quite confident that you'd find that most people in the European countries that allow appeals on aquittals would be many times more concerned about facing trial in the US than their home country.

    The lack of a decent public defender system in the US makes it more or less essential to spend money on a private defense if at all possible, while you have very good chance of getting a top notch lawyer (from a private law firm) assigned to you as a public defender in Norway and may face much less financial problems as a result.

    Combine that with MUCH longer sentences in the US, and things start getting interesting (Norway has a MAXIMUM sentence of 21 years + 10 years of reporting regularly to the police, a sentence that is only rarely handed down, and then usually to multiple murderers, and normally you would be eligible for, and get, parole after serving 2/3rds of the sentence).

  • by Draoi ( 99421 ) <draiocht&mac,com> on Tuesday December 02, 2003 @12:29PM (#7609445)
    Before you get too high-horsish about US justice, from your own quote;

    No person shall [..] be deprived of life, LIBERTY, or property, without due process of law;

    So, what about all those folks in Guantanamo bay?

  • by Catbeller ( 118204 ) on Tuesday December 02, 2003 @12:30PM (#7609457) Homepage
    "Oh my $DEITY..... they're trying to make fast-forwarding past advertisements illegal?!? "

    It is already illegal in the U.S. The ads autoplay, and you cannot stop them. Unless, of course, you reverse engineer a DVD player that lets you control whatever you like -- which is illegal under the DMCA. It is illegal to attempt to bypass an encrypted system, however they care to define it. it Even ROT13 qualifies as encryption, so the vendors don't even have to try very hard.
  • by cabalamat2 ( 227849 ) on Tuesday December 02, 2003 @12:37PM (#7609530) Homepage Journal

    145.2 of the Norweigan criminal statute "which outlaws bypassing technological restrictions to access data that one is not entitled to access."

    If Johansen has only used it to access DVDs he has bought and paid for, then he does have an entitlement to access them.

  • by Scarblac ( 122480 ) <slashdot@gerlich.nl> on Tuesday December 02, 2003 @12:37PM (#7609532) Homepage

    The point you miss is that if you win, the costs of your lawyers, plus damages are paid by government too. They're wasting their own money, not yours. If you don't have the funds to hire a lawyer, government will provide you with funds.

    The big difference with the US is that it is a huge financial risk to have to fight a trial in the US.

  • by DrEspenA ( 517292 ) on Tuesday December 02, 2003 @12:38PM (#7609537) Homepage
    The concept of double jeopardy does not apply in Jon's case - at least not any differently than in the US, where appeals on a number of grounds are quite normal.

    There are a few differences between the legal systems that are important to consider, though: In Norway you don't rack up the enormous expenses in lawyer costs. If you are accused of a crime, the State cover the costs for a lawyer of your choice. In civil suits, the losing party will often have to pay the winner's costs, so frivolous law suits by deep-pocketed corporations looking for a settlement are few and far between. Lawyers are also not allowed no-cure-no-pay fee structures, meaning that you don't get those idiotic class action suits.

    That being said, the consensus among people with technical and legal background here in Norway is that Jon will get off, but that the case is being driven upwards in the court system precisely to get a thorough vetting. It should be noted that if Jon should be found guilty, he will face much more lenient sentencing than would be handed out in the States, and the MPAA/RIAA would not even get a hearing with speculations about millions of dollars lost because of DeCSS (and anyway, Jon could easily appeal to the Supreme Court.)

    Incidentally, Okokrim has been roundly criticized for even bringing this suit by almost all commentators - and I have a sneaking suspicion they don't even believe in it themselves, and are seeking a precedent judgement so as to know where they can draw the line in the future.

    IANAL, but I am not that worried - what we have here is a reasonably thorough process to settle a question of criminality of a legal question that is rather new. It will work itself out, probably with Jon being found innocent, setting a precedent which will be appealed to the Supreme court by Okokrim. And I think the Supreme court will refuse to hear the appeal, thus confirming the precedent.

  • by dtfinch ( 661405 ) * on Tuesday December 02, 2003 @12:38PM (#7609538) Journal
    He was like 14 or 15 when he released DeCSS and it wasn't even illegal in his country at the time.
  • by buhatkj ( 712163 ) on Tuesday December 02, 2003 @12:43PM (#7609585) Homepage
    this is totally stupid. it seems like anybody who tries to do something really new and cool ends up with litigation against them. I'm trying to make a nice open source MMORPG, but what happens when i release it and it eats business from eversmack, will i get sued?? If i were Johansen i'd have never dreamed of publishing anything i wrote ever again, id be too scared! i admire his bravery in the face of all this unfounded legal BS!!
  • by mmaddox ( 155681 ) <oopfoo@gm[ ].com ['ail' in gap]> on Tuesday December 02, 2003 @01:08PM (#7609905)
    I would argue that you're assuming you're INNOCENT. The rule-of-thumb: 1) if you're innocent, trial by judge 2) if you're guilty, trial by jury.

    Obviously, a guilty man has much to benefit from a panel of easily-swayed sheep. (cough cough OJ cough cough)
  • by nonameisgood ( 633434 ) on Tuesday December 02, 2003 @01:38PM (#7610182)
    ...I got locked out of my house and was arrested for breaking into my own home.

    Until DMCA and it's counterparts elsewhere go away, we are all at the mercy of the **AA overlords and lackeys.

    --
    Free beer is nice, but I can speak more freely if I buy the beer.
  • by IdleTime ( 561841 ) on Tuesday December 02, 2003 @01:48PM (#7610293) Journal
    Basically because in Norway, an appeal will not set youy back several millions. In fact, if you can't pay, you can still hire a top notch lawyer and the bill will be footed by the state.

    It's only in USA (where I currently live) that you have to be extremly rich in order to endure a long judical process. Btw, USA have politically elected judges and DA's, that makes me sick to my stomach to think about. A political justice system is on the same line as the old Soviet Union. Poltics before justice!
  • by kisak ( 524062 ) on Tuesday December 02, 2003 @02:00PM (#7610413) Homepage Journal
    This post is really bad....
    A second trial for someone who's been acquitted is _already_ abuse.

    It is not a re-trial

    No free country would allow such a thing,

    Norway is a free country in most if not all of the definitions you could think of.

    nor consider that the people who make up their government should for one moment be considered trustworthy to have that power: any power given to them will be abused sooner or later, as it is here.

    That is why in Norway, as most other European countries, they have this crazy thing of fair and transparent elections to keep their goverments in check.

    Again, that's the difference between Anglo nations and European nations: we'll take the chance of someone being acquitted improperly before we'll trust the government not to abuse their powers,

    Canada has the same appeals structure as Norway, but they are maybe not Anglo enough for you. By the way, England and the rest of the UK are all very European countries.

    Europeans trust their governments not to abuse their powers more than someone being acquitted improperly. Oddly enough, the worst government abuses by far in the developed world have happened in... mainland European countries where they trust the governments not to abuse their powers.

    Give one example. And don't mention the abuses of Hitler as an example of people trusting their goverment. Hitler was a dictator who did a coupe d'etate in a Germany in ruins after WWI.

  • by bnenning ( 58349 ) on Tuesday December 02, 2003 @02:03PM (#7610443)
    Or perhaps you'd prefer a system where one side has more rights than the other


    Yes, I would. See Voltaire.

  • by dachshund ( 300733 ) on Tuesday December 02, 2003 @02:16PM (#7610535)
    Now ask yourself this: If you were checking if a product was inside a specification, would you use one fairly accurate measurement, or many less accurate ones and reject it if one is outside the acceptable limits?

    If the product were extremely critical-- say, a life and death sort of thing like a pacemaker-- I would reject it if it failed even one test. And that would be good practice. You propose to retest it again and again until you get the result you want. Try explaining your rationale to the family of the the person who dies because you were trying to be "reasonable" in your testing, rather than stringent.

    A higher court, with more/better educated judges

    In the Norwegian system, it's possible to be acquitted by no less than two different courts before some third set of judges decides to jail you. If you believe that the third set is somehow "better" than the lower courts, then you're implicitly casting the other two sets of judges as wrong or even incompetent in those cases (perhaps because they're under-educated?) You're admitting that most of the legal decisions in your country are being made by judges who are periodically (nay, regularly) in error. That's a legal system I'd love to be subject to.

  • by ascii(64) ( 454365 ) on Tuesday December 02, 2003 @02:19PM (#7610583) Homepage
    Inger Marie Sunde, the good aturney,
    had a bit of a problem in court today when she didnt know what a algorithm was.

    the mos central word in this case,m an she dont know what it mean.

    We are realy loving her in norway.

    here is a part of the propersition for punischment
    "a pentium3 500MHz pc-case" ok she only want the case not the parts within

  • by tgd ( 2822 ) on Tuesday December 02, 2003 @02:46PM (#7610785)
    And that did a whole lot of justice in the case of people like O.J. Simpson.

    I wouldn't knock the Norweigan system just because its not like ours. Our country isn't exactly a pinnacle of legal fairness, you know.
  • by Anonymous Coward on Tuesday December 02, 2003 @02:56PM (#7610878)
    Yeah instead of admitting that humans make mistakes, and that some people are more skilled than others, it's much better to stick your head in the sand, and pretend everything is perfect.
  • by t_allardyce ( 48447 ) on Tuesday December 02, 2003 @04:05PM (#7611424) Journal
    Its a Micky Mouse court under layered by freedom restricting laws that serve only corporate interests. If the MPAA stopped making films today for example it would not matter there would be people who would make better films for less, just as if Microsoft stopped what they were doing, (well,people already make better software for less). What public interest do laws like the DMCA serve? I've never seen a real criminal busted by the DMCA, in fact "arrested under DMCA" would probably boost my trust for someone (if i were an employer i would hire them on the spot)

    Then theres the inability for the court members to fully understand the situation. All they see is "this law says you cant do this because it violates this companies IP security, this kid has broken the law" which is the same thing the politicians see. What the people in charge don't see or understand is the free speech issue and all they listen to are well trained, well articulated expensive company lawyers who know exactly how to sell the case just like the salesperson at that electronics store knows exactly how to sell your parents the wrong thing. Law and politics shouldn't be like that, otherwise the whole system is useless.

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