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Re: [dvd-discuss] Matt Pavlovich WINS in Cal. Supreme Court



On 26 Nov 2002 at 0:12, Tom wrote:

Date sent:      	Tue, 26 Nov 2002 00:12:30 +0100
From:           	Tom <tom@lemuria.org>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] Matt Pavlovich WINS in Cal. Supreme Court
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> On Mon, Nov 25, 2002 at 02:33:37PM -0800, Michael A Rolenz wrote:
> > It's a win but not a WIN as you point out...
> 
> It actually is a major win. It sets precendence for the other 495
> people they sued outside of CA.
> 
> 
> > 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>
> 
> Does it continue after the snip? AFAIK knowing that it's a trade secret
> doesn't mean anything unless you were the one who misappropriated it.
> I'd call this the "horse-out-of-the-barn" doctrine, but it probably has
> both a latin and legalese name.


Agreed. The courts should be less concerned with preserving the status quo as 
putting fairness into what follows....

> 
> 
> 
> -- 
> http://web.lemuria.org/pubkey.html
> pub  1024D/2D7A04F5 2002-05-16 Tom Vogt <tom@lemuria.org>
>      Key fingerprint = C731 64D1 4BCF 4C20 48A4  29B2 BF01 9FA1 2D7A 04F5