"In addition, we are not confronted with a situation where the plaintiff has
no other forum to pursue its claims and therefore do not address that situation.
DVD CCA has the ability and resources to pursue Pavlovich in another forum
such as Indiana or Texas. Our decision today does not foreclose it from doing so.
Pavlovich may still face the music-just not in California."
From the dissent. THey still buy the BS about trade secret approproation by "improper reverse engineering"
DVD CCA immediately filed suit in California superior court against
defendant Matthew Pavlovich, 20 other named individuals, and 500 Does for
misappropriation of trade secrets. The complaint alleges the following: As early
as October 25, 1999, Jon Johansen, a resident of Norway, posted on the Internet a
computer program, dubbed DeCSS, that defeats CSS encryption. DeCSS was
derived by -willfully 'hacking' and/or improperly reverse engineering software
created by- a CSS licensee. Around the time Johansen posted the DeCSS
program, the same information appeared on a Web site -operated by-Pavlovich.
The defendants who posted or provided Web site links to this information knew or
should have known DeCSS was derived from the misappropriation of proprietary
information, because DeCSS was specifically designed to defeat CSS and was
aimed at infringing movie copyrights by permitting the "pirating" of movies on
DVD's.
<snip>
He knew CSS was a trade secret, available only by a
license his LiViD project had specifically declined to obtain. He also assumed the
DeCSS source code posted on the LiViD Web site had been derived by illegal
means, and was an infringement of the proprietary information represented by
CSS. DVD CCA's lawsuit, alleging that the Web site posting was an infringement
of the CSS trade secret, thus " 'arises out of or has a substantial connection with' "
his conduct aimed at this state. (Vons, supra, 14 Cal.4th 434, 452.)
"James S. Tyre" <jstyre@jstyre.com> Sent by: owner-dvd-discuss@eon.law.harvard.edu
11/25/2002 01:57 PM
Please respond to dvd-discuss
To: dvd-discuss@eon.law.harvard.edu
cc:
Subject: [dvd-discuss] Matt Pavlovich WINS in Cal. Supreme Court
4-3 decision today, it does not get closer, but a win's a win, whether 4-3
or 7-0.
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James S. Tyre mailto:jstyre@jstyre.com
Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net