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MPAA: Plaintiff's Memorandum of Law in MPAA v. 2600

Aug 09, 2000, 19:18 (3 Talkback[s])

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"This case is an early and major test of the key anti-circumvention provisions of the Digital Millennium Copyright Act ("DMCA"), which provides new and additional protection for copyrighted works in the digital age by mandating legal protection for technological measures that copyright holders put in place to control unauthorized access to their copyrighted works. The DMCA addresses the problem of the instantaneous, widespread proliferation of infringing copies made possible through the Internet, and expressly authorizes injunctive relief against the offering of devices which circumvent technological access control measures, such as encryption and scrambling, that copyright holders put in place to protect their works in digital form...."

"Defendant Corley also admitted that the defendants? conduct does not fall within either the narrow reverse engineering or encryption research exceptions to the DMCA?s anti-trafficking provisions. Mr. Corley, personally, has never been engaged in any reverse engineering or encryption research activities. (Tr. 838:3-8 (Corley)). Although defendants try to excuse their illegal conduct by arguing that DeCSS was used in the development of an unauthorized Linux DVD player (i.e. not licensed to decrypt CSS encoded movies), defendants admittedly were never involved in any such development efforts."

"In fact, the evidence shows that the Linux argument is a red herring: DeCSS was developed for and runs under the Microsoft Windows operating system. Further, one of the creators of DeCSS, Jon Johansen, admitted that he first provided DeCSS to an Internet Relay Chat ("IRC") room, called "#pcdvd," which is not limited to users of the Linux operating system."

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