PoliTechBot.com: Friend of Court Brief: News Orgs Say DeCSS Ruling Infringes Freedom of Press
Jan 26, 2001, 22:20 (2 Talkback[s])
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"The amici curiae are journalism membership and trade
associations, online publications, and academic institutions which
are concerned that the District Court's opinion, should it be
affirmed, will significantly chill freedom of the online press by
stifling one of its important features, linking. Amici curiae
believe that if online journalism is to thrive, courts must allow
it the unqualified First Amendment protection afforded its print
counterparts, a result already mandated by the Supreme Court. The
District Court's subjective test to determine "linking liability,"
which departs from previously unquestioned freedom of the press
principles, is a dangerous precedent; it allows Congress to
authorize prior restraints on whole classes of information
published on the World Wide Web, the publication of which is
constitutionally protected in all other media."
"The amici curiae represent the broad range of journalistic
interests and are eminently qualified to speak to the Court on
- The Online News Association...
- The Reporters Committee for Freedom of the Press...
- The Newspaper Association of America (NAA)...
- The Student Press Law Center...
- Wired News...
- The Pew Center on the States...
- The Silha Center for the Study of Media Ethics and Law...
- The College of Communications, California State University,
"Amici curiae are keenly aware that this case presents the
issue of linking liability for the first time and that this holding
may be the model for how future courts consider freedom of the
online press hereafter. The importance of this case to amici curiae
and the entire online journalism community cannot be
overstated. Amici curiae urge that this court honor the
Supreme Court's endorsement of the World Wide Web as a "dynamic,
multifaceted, category of communication" and exercise extreme
caution so that the still-evolving field of online journalism is
not substantially hindered at this critical stage in its
- Cryptome.org: Friend of Court Brief: DeCSS is a copyrightable literary work; DMCA cited to prove it(Jan 25, 2001)
- CNET News.com: ISP won't unplug Web site showing DVD-cracking code(Jan 24, 2001)
- 32BitsOnline: EFF Asks Court For Relief In DVD Encryption Info Ban(Jan 19, 2001)
- USA Today: Pamela Samuelson: Cyber-rights guardian; Copyright "Antichrist"(Jan 03, 2001)
- The Register: MS claims copyright on Windows bugs; seeks to block BugTraq(Dec 08, 2000)
- NY Times: Copyright Office Backs Ban on Code-Breaking Software(Oct 30, 2000)
- NewsForge: EFF takes its DVD case to Linux users, looking to raise funds(Sep 15, 2000)
- SJ Mercury: Digital Copyright Act comes back to haunt consumers(Aug 29, 2000)
- The Guardian (UK): Freenet takes music copyright battle to US(Aug 02, 2000)
- EFF.org: DVD Update: EFF Detonates Mind Bomb in Court on Final Day of DVD Trial(Jul 26, 2000)
- CNET News.com: Hollywood looks to kill hyperlinks in copyright fights(Jul 26, 2000)
- EEF.org: DVD Update: EFF Moves to Disqualify Kaplan: Judge was Time Warner's Lawyer on DVD Issues(Jul 17, 2000)