DeCSS: Jon Johansen Acquitted In Retrial 457
EssJay writes "DVD-Jon is acquitted in the retrial. The verdict was expected in January, but was announced today in the papers." We had posted about the retrial beginning - it's a good holiday present to get this early.
At last - now lets hope we can all move on (Score:5, Insightful)
Common sense 1, recording industry, nil
Re:At last - now lets hope we can all move on (Score:5, Insightful)
Justice At Last (Score:5, Insightful)
I think British copyright law, EUCD notwithstanding, explicitly allows what Jon did, but the wording is a bit convoluted and non-obvious and would need testing in court.
Still, it reaffirms the common-sense position that it is not a crime to use goods you own for their intended purpose, even if in the course of so doing you are required by circumstances to invent a tool.
Re:At last - now lets hope we can all move on (Score:5, Insightful)
Maybe it does, if you live in Norway...
From what I read here at /. those of you living in the USA shouldn't hold your breath as long as you have the motion picture and music industries controlling your legislature :-(
Re:So what, So what's your fcking point ? (Score:2, Insightful)
Good, but... (Score:5, Insightful)
Re:reverse engineering legal in Norway again (Score:2, Insightful)
are you kidding? without dmca and under a more open atmosphere kevin mitnick was accused of being capable of start a nuclear war using a pay phone and a whistler and stoling code from sun that worth 1 billion (the prosecution said it, the same code that you could buy at the time around US$300)
the russian guy... the one that cracked adobe pdf, spent days in the jail without proper defense
with that paranoia what do you think that would happen to a DVD John in the US? the miserable fella would be charged of theft, terrorism (trying to break american companies out of business)...
IF he was tried probably would be in guantanamo...
Should be able to copy our own DVD's (Score:5, Insightful)
Re:reverse engineering legal in Norway again (Score:5, Insightful)
1. The risk is way too high. In Norway DVD-Jon risked _maximum theoretically_ two years in a nice prison and a fine of a 250000 NOK ($37000). In USA I would think that the stakes are significantly higher; several 5-10(?) years in prison and millions in expenses.
2. The lawyer cost in US would be much higher. The Norwegian state pays all of Mr. Johansens bills. In USA you would have had to sell your kidneys.
3. Judges and a expert jury ruled in this case. In USA the whole case would have been decided by a non-technical jury influenced by media and excellent RIAA/MPAA lawyers. Good luck.
Re:not fair -- best of out 5!! (Score:5, Insightful)
So far I like this system much better than our (American) system. Can the State drown the defendant in prosecuting lawyers whereas the defendant is only entitled to one lawyer, or it is one prosecutor and one defender?
Re:reverse engineering legal in Norway again (Score:5, Insightful)
Yes... there are NO democrats in support of the DMCA...
Let's see... the DMCA was proposed by DEMOCRAT Senator Fritz Hollings of South Carolina. A Democratically controlled Senate passed the law. (Granted, the house was Republican-controlled at that time.)
A DEMOCRAT President (Clinton) signed the DMCA into law...
Those damned Republicans!
Re:excellent news (Score:5, Insightful)
Norway is almost completely free from lobbying and leading politicians being stock market investors. You won't find a _single_ senator in the US that doesn't have a million dollar income as well as substantial connections to one or more industries. In Norway, you won't find a _single_ stortingsmann or judge who has a million dollar income or vested interests in large corporations -- hell, even the prime minister is a clergyman with a sub-$50k income when not being a politician.
It's very difficult to buy yourself a law in Norway, while it's the only way to create or change laws in the US. Norway is governed through legislation, while the US is governed through litigation.
The two cultures are a world apart, and it's simply uncomprehensible to the average Norwegian just how different things are, and how protected the Norwegian citizen really is. Just as it's incomprehensible to the average American, who is unable to differentiate concepts like socialism and communism, or understand how values without a monetary value can pre-empt any economic claims.
True, Norway is still slowly drifting towards American attitudes, but the drift is very slow, and the cultural chasm between the two cultures is so vast that it's hard to compare the two in any meaningful way in any near future.
The word "greed" sums it up pretty well - in Norway, greed is still considered a sin, and not something to be proud of, even if present to a small extent in individuals and a larger extent in corporations. In the US, greed is considered a driving force, and not only normal but necessary, both for individuals and corporations.
Regards,
--
*Art
Re:Socialism and communism are the same (Score:5, Insightful)
And nothing has happened since then?
Libertarianism and capitalism as distinct terms didn't exist when the US was founded, but they are now both recognized. Just as socialism, communism (and various derivates like socioliberalism) have developed since the times of Marx and Engels.
Regards,
--
*Art
Re:excellent news (Score:2, Insightful)
Maybe it's the US that's becoming more like Norway. If you're aquitted in a criminal trial here, prosecutors will throw civil litigation at you for denying someone's "civil rights" for the same issue involved in the criminal trial they lost. In the end, if the state has it out for you, they'll eventually screw you, and they'll find some extra-constitutional way to make it happen.
Maybe it's a good thing DVD-Jon wasn't subjected to our current version of civil liberties after all.
As a side note ... (Score:2, Insightful)
Re:Socialism and communism are the same (Score:3, Insightful)
Bullshit. Go read the Communist Manifesto, where Marx and Engels devoted a whole chapter to denouncing various forms of socialism, some he explicitly connected to reactionary or utopian movements, making it very clear that these forms of communism in Marx' and Engels' eyes were the wrong direction and would not lead to a communist society.
The terms socialism and communism are used in a few different ways in Marx' works depending on whether he is writing about economic, politics or philosophy, but the general difference is that Marxist socialism denote a political and economical system in which you have the dicatorship of the proletariat (where the working classes use the power given by their numbers to oppress the capitalist classes, with the goal of gradually taking away the means of production from the capitalists, forcing them to join the proletariat - or working classes - by virtue of no longer being able to survive by living of the works of others), whereas communism is a society where the nationstate has lost all political power, and "withered away" to become purely an administrative extension of the communes, and thus not exist in the capitalist sense of "state".
In terms of politics, the terms socialism and communism were frequently used by Marx' as expressions of the policies required to bring forth socialist and communist societies.
Socialism was by Marx' seen as a necessary precursor to communism.
I'd love to see how you think you can justify claiming that Marx' used the terms interchangably.
Re:excellent news (Score:3, Insightful)
Re:Any Norwegian Attorneys in the House? (Score:2, Insightful)
Re:Leninism is dominant form of Marxism. (Score:3, Insightful)
Do you not suppose those parties had a political agenda? Can you say the word, "propoganda"? The only connection between the Stalinists and Marx was that the former used the latter's Manifesto as a tool to convince the proletariat that they were an actual communist party. It's a classic example of Stalinist doublespeak; and you've fallen for it!
I don't know any as it happens. I've encountered several though.
I fail to see how expressing admiration for Cuban communism is the same as stating that Marxism is the same as Stalinism. Are you going to cite references or not.
Legally, perhaps not... (Score:3, Insightful)
Yes it does help, because if he was prosecuted, then the MPAA would have won outright, but because he was not, the rock has been chipped.
Quite frankly, between this and the recent KaZaA ruling in the Netherlands, the RIAA/MPAA have pretty much completely failed to outlaw the tools which may enable piracy. Look out for an US invasion of Europe to stop the intellectual terrorism (previously known as piracy) soon... Along with the recent DMCA subpoena ruling, their failure is near complete. And on the technological side, the average connection speed and cost/gb is steadily improving.
In addition, a lot of work is being put into developing better P2P nets, both when it comes to performance (multi-source downloads, uploads of finished blocks), encryption (RSA, AES strong asymmetric and symmetric crypto), file integrity (MD5, SHA hashes), file validiity ("web of trust"), anonymity (Freenet and WinNY + that ant-type program here on slashdot) and so on. The RIAA is not winning, they're losing on pretty much all fronts. The thing that keeps them running is that people want to support the artist. Nothing more, nothing less.
Kjella
Re:sigh... (Score:0, Insightful)
Re:At last - now lets hope we can all move on (Score:4, Insightful)
Personally, I think it is only fair to have a law to protect your rights in this area. I'm only protecting my investments. By storing originals off-site, i.e bank-vault, I can restore my huge CD collection after let's say a fire or water damage since I only use the copies at home.
Re:BBC's treatment of this is disgusting! (Score:2, Insightful)
I think perhaps you read slashdot too much.
Re:sigh... (Score:4, Insightful)
McDonalds was aware that at the temperature that they served coffee was dagerous, and that people had burned them selves so bad, it required medical attention, and time in the hospital.
It is reasonable to expect people to spill coffee, as such, you better be sure it's not going to put them in the hospital.
Very few people taste anything thats 185 degree farenhiet, because it will burn your tounge.
The suit is not that coffee was spilt, but that the coffee was dangerous. Do you think if you bought a cup of coffee, spilt it on yourself, it would be reasonalbe to have to go to a burn ward for a week?
Re:Frivolous McDonald's Lawsuit (Score:2, Insightful)
Re:More Info On The Frivolity (Score:4, Insightful)
Only in the land of the brave.
Other places, coffee is supposed to be brewed at 197-205F (92-96C), and served at no lower temperature than 176-187F (80-86C) for regular coffee and a few degrees lower for espresso.
McDonald's coffee, if it was 185F, was served according to the recommended temperatures. If they were at fault, it would be by serving the coffee in cups not appropriate for drinking hot coffee from.
Never ever should coffee be served at as low a temperature as 130-140F, and definitely not made that way -- you can't possibly get the flavour out of beans that way, and what you end up with will have little to do with coffee.
Regards,
--
*Art
Norway's Judiciary Seems to Make Sense (Score:3, Insightful)
In the USA, cases like this end up before our Supreme Court -- 7 judges, none of whom has any technical expertise whatsoever, and who are appointed for life by whichever political regime is in power when one of them dies.
No wonder our tech laws favor owners at the expense of innovators.
Yea for DeCSS but not for iTunes DRM? (Score:4, Insightful)
I like iTunes a great deal. I'd hate to see them make it any more difficult for me to get the same level of service I'm getting now. However, if they changed their policy to circumvent his efforts, I would blame Apple, not this guy for making use of his rights.
I've even heard peple claim, "Apple DRM is easy enough to get around, just burn a CD and a re-rip in whatever format!" I doubt these same people would accept the same excuse from the MPAA "CSS is already easy enough to get around, just burn it to DVD and rip it!" Why in the hell should I have to burn it to CD? That's wasting my money, time, and resources on a completely unecessary step, not to mention that I may not have a CD burner to begin with. I guess I should just be screwed over in that instance, as long as the majority of users are happy.
Re:At last - now lets hope we can all move on (Score:2, Insightful)
Except that the process of accessing a DVD entails making a copy in memory of successive sections of it. Just like with computer programs, where a copy in active memory is made from what is stored on the harddisk, which is itself a copy of what was on the installation medium.