EFF Questions Regarding the DeCSS Cases

Introduction

Robin's original post can be found here.

The contributors to this document claim no warranty or guarantee for the accuracy of this information. Most of us are not lawyers; nothing presented in this set of documents should be considered bonafide legal advice. At the same time, we do not claim to have a lock on the facts - if you have new evidence to present, please do so. Your assistance will be of great help to us.

This document is also highly under construction and should not be regarded as a complete document at this time. Questions listed as ANSWERED are not final at this time; this simply means that we have a basic answer to the question rather than a blank page.

If you have any additions/complaints/suggestions, drop either Wendy Seltzer (wendy@seltzer.com) or Rob Warren (greslin@linuxpower.org) a line with your thoughts.

The Questions : General

1. "We need a memo on the issue of DVD as a computer program or data file. What was the legislative intent behind the DMCA exemptions for DVDs? Do they apply or was this only intended for 'software'"?

   ANSWER HERE

   Status: ?

2. "DVD region coding and possible legal ramifications. Does this scheme violate antitrust laws as a cartel organizing a restraint in trade? Does this scheme violate a European Directive regarding unfair trade?"

   ANSWER HERE

   Status: ?

3. "Comprehensive Fair Use Analysis. We need a memo outlining the most important fair use cases (approx. 35) and discussing how they impact this case."

   ANSWER HERE

   Status: ?

4. "Comprehensive Copyright/First Amendment Analysis. We need a memo outlining the most relevant copyright cases that have involved First Amendment defenses and discussing how they impact this case."

   ANSWER HERE

   Status: ?

5. "Reverse Engineering Analysis: We need a memo outlining the legal cases dealing with reverse engineering and how they apply to this case."

   ANSWER HERE

   Status: ?

6. "Click wrap licenses. a) What is the case law supporting the requirement for a manifesting of assent to contract? b) Does case law support the creation of binding agreements through purchase only? c) what is the impact of "hacking" around a click-wrap on the requirement for assent to contract?"

   ANSWER HERE

   Status: ANSWERED

7. "What is the burden of proof standard regarding the weight of the evidence needed to prove an initial misappropriation in a trade secret case? What is the burden of proof (weight) needed to prove misappropriation by a republisher?"

   ANSWER HERE

   Status: ANSWERED

8. "What are case law examples involving the loss of trade secret status through inadvertence?"

   ANSWER HERE

   Status: ?

9. "What cases have discussed the limitations imposed upon Congress regarding Copyright? How does the Constitution constrain what Congress can do in fixing the rules for copyright?"

   ANSWER HERE

   Status: ?

The Questions: Technical Issues

1. "Region Coding. How does region coding prevent playback? What are the different ways to bypass this technological measure and how easy are they to accomplish? Are there DVDs that are coded to play in all regions?"

   ANSWER HERE

   Status: ANSWERED

2. "True or False: It is impossible to fast-forward past commercials or FBI warnings on DVDs?"

   ANSWER HERE

   Status: ANSWERED

3. "What other operating systems are left unsupported by DVDs?"

   ANSWER HERE

   Status: ANSWERED

4. "What are other concrete examples are there of occasions in which reverse engineering has been critical to achieving a technological break through in an industry? Are there examples of other attempts to prevent such activity and what was the result?"

   ANSWER HERE

   Status: ANSWERED

5. "Top five myths about DeCSS. What are the top five greatest misunderstandings about the DeCSS technology and why are they wrong?"

   ANSWER HERE

   Status: Answered; being revised.

6. "I'm not sure this is even possible: Can we determine the number of copies of DeCSS found on Web Sites around the world on the following dates? 10.31; 11.31; 12.26; 12/28; 1/15; 1/31; 2.29? Please document all findings. If you can't find the historical figures, can we find current figures?"

   ANSWER HERE

   Status: ?

Contributors To This Document