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Re: [dvd-discuss] DVD Descrambling Code Not a Trade Secret

On 22 Jan 2004 at 14:14, James S. Tyre wrote:

Date sent:      	Thu, 22 Jan 2004 14:14:50 -0800
To:             	dvd-discuss@eon.law.harvard.edu
From:           	"James S. Tyre" <jstyre@jstyre.com>
Subject:        	[dvd-discuss] DVD Descrambling Code Not a Trade Secret
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> http://www.eff.org/IP/Video/DVDCCA_case/20040122_eff_pr.php
> Electronic Frontier Foundation Media Advisory
> DVD Descrambling Code Not a Trade Secret
> DVD CCA Surrenders in Bunner DVD Descrambling Case
> For Immediate Release: Thursday, January 22, 2004
> San Jose, California - In a surprising retreat today, the consortium of 
> entertainment and technology companies known as DVD CCA is seeking 
> dismissal of a lawsuit against Andrew Bunner, a republisher of a computer 
> program created to allow movie lovers to play their DVDs on computers 
> running the Linux operating system.

Curiouser and Curiouser...given the doggedness of the DVD CCA in pursuing this 
matter I suspect that the inanity of their position is not one of the factors 
in this matter.....I wonder what their next move is?

> DVD CCA effectively gave up a multi-year effort to have the republication 
> of the program, called DeCSS, declared a violation of trade secret laws.
> "DeCSS has been available on hundreds if not thousands of websites for 4 
> years now," said EFF Legal Director Cindy Cohn. "We're pleased that the DVD CCA
> has finally stopped attempting to deny the obvious: DeCSS is not a secret."

Secret? or Trade Secret? THe court has not ruled that once a trade secret is 
known it does not have any protection I don't believe and by dropping the case, 
the DVD CCA still has some freedom to pursue other lines of attack using trade 
secret law....I'd love to read the DVD CCA's motion...also If I were the court 
I might ask them why they have used up so much of the court and defendants time 
at this point....(not that I expect that to ever happen.)

> The California Supreme Court last year ruled that one could apply 
> preliminary restraint on publication of a computer program only in very 
> narrow circumstances. DVD CCA sued Bunner along with hundreds of people, 
> including some T-shirt manufacturers.
> --------------------------------------------------------------------
> James S. Tyre                               mailto:jstyre@jstyre.com
> Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
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> Co-founder, The Censorware Project             http://censorware.net