"After losing the first round in an important legal fight over
DVD technology, lawyers for three men who have become targets of
Hollywood's ire are preparing for a full-blown trial. But they
concede that they face an uphill fight in the courtroom of Judge
Lewis A. Kaplan...."
"Judge Kaplan, to put it mildly, did not endorse the view that
DeCSS was strictly a way to play back movies. At one point during
the hearing, he asked sarcastically: "What do you think people are
going to do with DeCSS, put it on floppy disks and use it to
fertilize the garden?"
"But then the judge moved beyond this dispute and clinched the
argument. He said that even assuming that the DeCSS code was
intended and usable solely to permit the playing and not the
copying of DVDs, playing the decrypted DVDs on unauthorized
machines violated a federal law, the Digital Millennium Copyright
Act. That law was passed in 1998 to protect the interests of
copyright holders distributing digital works."
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