"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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