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NY Times: DVD Lawsuit Questions Legality of Linking

“The DVD Copy Control Association is seeking a court order that
would prevent the defendants from continuing to post the DeCSS
program or link to it. Last week, Judge William Elfving denied,
without comment, the group’s request for an emergency temporary
restraining order. A more complete hearing for a preliminary
injunction is scheduled for Jan. 14….”

“According to legal papers, in late October 1999, a computer
program called DeCSS, which is capable of decrypting the DVD disk
for viewing on an unlicensed player, appeared on a Web site in
Norway. The program and links to it soon spread quickly around the
world, despite efforts by the DVD Copy Control Association to stamp
it out….”

Kessler said his client sued linkers, as well as those who
posted DeCSS, because “all of the linkers . . . acknowledged the
wrongful nature of this and encouraged people to use” the DeCSS
software. The defendants were not “passive” or innocent linkers, he
said.

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