[dvd-announce] Openlaw/DVD update: 2600's brief and motions

[Wendy Seltzer <wendy@seltzer.com>]

If you haven't visited the Openlaw/DVD site recently, 
<http://openlaw.org/DVD/>, there's been lots of activity in the last week.


Martin Garbus and team filed their brief in opposition to the movie 
studios' motion to enjoin 2600.com from linking to sites posting DeCSS, and 
cross-moved to vacate the preliminary injunction on posting DeCSS.  The 
brief, thanks to Cryptome, is posted 
at  <http://cyber.law.harvard.edu/openlaw/ DVD/filings/NY/0503-reply.html>

Defendants argue both that DeCSS itself is expressive speech and that links 
(to it or other sites) are communicative and should not be subject to the 
prior restraint of an injunction.  It frequently emphasizes that even 
though non-traditional, 2600 is news media and is entitled to the same 
constitutional protections as the New York Times.

The brief strongly disputes plaintiffs' claim of "irreparable injury" -- 
necessary to maintain a preliminary injunction.  The studios have been 
crying wolf for months over "piracy" but have yet to demonstrate that DeCSS 
is used to copy DVDs.  Further, it argues that DeCSS must be allowed to 
facilitate fair use of DVD movies and that DeCSS is exempt from the DMCA as 
part of a reverse engineering effort.

The brief is supported by a strong set of affidavits from Harold Abelson, 
Andrew Appel, Chris DiBona, Bruce Fries, John Gilmore, Emmanuel Goldstein, 
Robin Gross, Lewis Kurlantzick, Eben Moglen, Matt Pavlovich, Pamela 
Samuelson, Bruce Schneier, Barbara Simons, Frank Stevenson, Dave Touretsky, 
David Wagner, and John Young.
<http://cyber.law.harvard.edu/openlaw/DVD/filings/May1/>

Yesterday, Judge Kaplan signed an Order to Show Cause ordering that the 
studios show why their complaint should not be dismissed, the injunction 
vacated, and immediate discovery granted.
<http://cyber.law.harvard.edu/openlaw/DVD/filings/NY/0507-order.html#order>
The parties will be in court this Thursday for argument on this Order.

The Openlaw/DVD resource page 
<http://cyber.law.harvard.edu/openlaw//DVD/resources.html> collects these 
materials and more.

dvd-discuss participants are preparing an amicus brief opposing extension 
of the injunction to hyperlinking.  Join us for discussion on the mailing 
list or post your thoughts to the discussion board
<http://cyber.law.harvard.edu/HyperNews/get3/opendvd.html>

Mnemonic URL: http://openlaw.org/DVD
--Wendy




Wendy Seltzer
wendy@seltzer.com
Fellow, Berkman Center  for Internet & Society
Openlaw - DVD: http://openlaw.org/DVD