Court Rejects Ban on DVD Copying Code

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In a closely watched case concerning a DVD-cracking tool that has been distributed over the Internet, a California appeals court has reversed a 4-year-old order banning the publication of the computer code that can be used to copy DVDs. California's Sixth Circuit Court of Appeals reversed a 1999 injunction favoring the DVD Copy Control Association (DVD CCA), which had filed a lawsuit against California resident Andrew Bunner, accusing him of violating its intellectual property rights by posting DeCSS (De-Content Scrambling System) software on his Web site.

In a decision issued by a three-judge panel, the court ruled that "the preliminary injunction ... burdens more speech than necessary to protect DVD CCA's property interest and was an unlawful prior restraint upon Bunner's right to free speech."

Last month, the DVD CCA, representing motion picture and consumer electronics companies, had asked the California Superior Court to dismiss its lawsuit, but Bunner opposed such a move. The court denied the motion for dismissal as it felt that the appeal presented "important issues that could arise again and yet evade review," the three-judge panel wrote in its decision.

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News source: PCWorld.com

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(6 replies) #1 jkrupa128 on 01 Mar 2004 - 22:12

Why does everyone assume that just because they bought a DVD, that automaticly gives them the right to copy it? If you buy a set of dishes from a department store and you break them, does that give you the right to get another set for free? I say take care of your investment by storeing and handling your discs properly and there will be no need to back up...

#1.1 Mav Phoenix on 01 Mar 2004 - 22:21

Because of fair use, perhaps?

#1.2 Techo on 01 Mar 2004 - 22:22

That's intersting but with cd's/dvd's it's a little different if the plate gets a scratch you can still use it, if the cd get it's in a particular spot, then it's useless and it costs $20 for a single plate

When you have children you'll understand, I constantly have to babysit the way they handle the cd's. Already went through 2 copies of their favorite game, making copies of the original and giving them the copies, make a parents and the kids life easier and more pleasant. You don't have to go out and buy another copy(or wait weeks for a replacement, software companies almost always agree on sending replacement too you, doubt you can do the same with movies) and the kids don't have to wait. Having 3 childeren under 13 , their Disney DVD is in such condition I even wonder how it still even plays.

#1.3 em_te on 02 Mar 2004 - 01:55

Because when they bought the DVD, they did not enter into any license agreements that limit their rights to copy it. Therefore there is no reason to suspect otherwise that their rights are any different than what they have already been given.

#1.4 YaddaMe on 02 Mar 2004 - 05:08

QUOTE (#1.0)

If you buy a set of dishes from a department store and you break them, does that give you the right to get another set for free?

While I understand what you are trying to get across, your argument is somewhat flawed.

In the case of purchased dishes, the dishes themselves are the product that is purchased. In the case of a DVD, it is not the disc, but the media on the disc that is purchased.

There are plenty of plenty of cases of damaged discs where negligence plays no role... you suggest taking care of your investment, making a backup is one way to do so.

#1.5 Test Zero on 02 Mar 2004 - 17:34

QUOTE (#1.4)

In the case of purchased dishes, the dishes themselves are the product that is purchased. In the case of a DVD, it is not the disc, but the media on the disc that is purchased.

Yeah that's right; you're buying the licence to play the game, or watch the film.

#1.6 HvyArms on 02 Mar 2004 - 17:41

well, not being able to copy (and, therefore, protect) their purchase would put people in Belize out a bit, don't you think?

granted, that's an extreme case, but CDs/DVDs scratch pretty easily with everyday use, and, i, for one, would like a backup (or several, depending on how precious the DVD is -- why, i'd like 10 backups for my SpaceBalls DVD

)..

#2 jkrupa128 on 01 Mar 2004 - 22:25

I'm not trying to fan the flames here...I have kids. Its just the diffrence between being responsible and making "a parents and the kids life easier "...Giving them a million dollars will do that too...

(1 reply) #3 acidsex on 01 Mar 2004 - 23:23

Bullcrap. Its not an issue of taking care of things. The early Xboxs and PS2 spun some discs so fast that they ended up scratched and some even shattered. Just because a CD is scratched and ruined doesnt always mean it was handled with neglect. Hardware players can and most often are the culprits as well.

#3.1 Techo on 02 Mar 2004 - 02:12

Good point. I had that happen with cdrom drive myself, it srewed up a backuped up data cdr, nothing lost but hey it does happen.

#4 Hidea on 02 Mar 2004 - 00:53

All they want is $$$... once the sided on the company, they get $$$. and if people keep copying and such.... obviously they'll be taken to court... that means... more jobs for the judge... :p

#5 X-Spyder on 02 Mar 2004 - 19:52

Music and movie makers put their stuff on one of the most unsecure formats and then they cry fowl when people do the most obvious thing other than watching or listening. Newer technology simply has to be solid in security from the start. It's like throwing money off a building for these companies. And they threw it, not us.

#6 Mikeparkie on 03 Mar 2004 - 10:36

If you buy a car and have an accident i.e. you bumper falls off or someone brangs your fender. You have insurance to protect your investment. If your DVD/CD has any accident, be it a drive burning up the disc’s or the kids destroying them you have no come back, you loose the investment. Where is the insurance there = that’s why people backup.

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