August 25, 2003

Bunner Update

EFF is reporting that the DVD CCA is dismissing its case against Andrew Bunner. He was being prosecuted under California's trade secret laws for redistributing DeCSS. This means that the DVD CCA has finally conceded that CSS is no longer a secret, something the rest of us have known for a few years now." [via /.]

Previously: DVD CCA v. Bunner decision.

Background: On May 29, 2003, the California Supreme Court heard oral arguments on a key legal challenge to the re-publication of DeCSS, the software that decrypts DVDs. The Court will determine whether an order preventing Andrew Bunner from publishing the software violated his First Amendment rights. DVD-CCA named hundreds of people in the lawsuit, including those who printed DeCSS on T-shirts, like this one that I own.

Update: Too lazy to read the decision? You can read the c-net article here.

See also: Professor Eugene Volokh notes two problems with the court's decision here. | Justin Levine, blogging on SoCalLawBlog: "Just another example of the First Amendment being slowly sacrificed on the altar of Intellectual Property rights..." | Denise captures the blogosphere's thoughts. | Seth requested it and Frank, who also takes a detailed look, found it: Felten's take. | Derek Slater points us to two articles by Professor Pam Samuelson and offers his own take on some of the issues. | Doug Simpson joins the fray.


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