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Re: [dvd-discuss] Bunner Wins DeCSS Trade Secret Appeal!!

--- Wendy Seltzer <wendy@seltzer.com> wrote:
> Let's hope it's the first of many!  (Reversal of the preliminary injunction 
> sends the case back to the trial court for trial, giving Bunner his costs 
> of appeal and DVDCCA a warning that they don't have a tremendous likelihood 
> of success on the merits.)

The one card they can try to play is to exploit the one little bit of dicta
about compiled object code. Most of the people who posted DeCSS may not have
posted source code.

Other than that, I don't see how they could possibly win on the merits for the
exact same reason the PI didn't stand: the UTSA has no constiutional
justification to offset the first amendment. 

Aside from that, the facts are a loser: the simple fact is that Johanson didn't
click the EULA to begin with (it doesn't work under NT) and disproved the
"object code conveys no ideas" claim by extracting the very idea in question
from the object code.

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