Universal Studios vs. Shawn C. Reimerdes - Legal Archive

Google results for query: 'deCSS filetype:PDF site:http://eff.org'

"Fair Use" has been viewed by courts as a safety valve that accommodates the exclusive rights conferred by copyright with the freedom of expression guaranteed by the First Amendment. -- Judge Kaplan in Universal City Studios, Inc. v. Reimerdes, 111 F.Supp. 294, 322 (SDNY 2000) (after finding the DVD encryption breaking program DeCSS on dvd-copy.com).

deCSS

In case you don't know much about the infamous first test of the DMCA (Digital Millenium Copyright Act) of 1998 in U.S. law.

The extreme wording of the Act of Congress was particulary troubling to the open source movement & the freedom speechers of technology. Programming code was becoming something that could be owned and patented by a corporation. But not only that, it gave the producers of the content the powers to go out and questionably-enforce silence and lawsuits to companies that were making enfriging technologies.

Today, this particular lawsuit, Universal Studios v. Reimerdes, is required study for intelluctual properties law students.

Special thanks to EFF, the leading civil liberties group defending your rights in the digital world.

deCSS Legal Case Documents Archive
1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT ... - 2600

Aug 17, 2000 ... The Appearance of DeCSS . ... DeCSS Was Designed Primarily to Circumvent CSS . ... Defendants' Alleged Right to Disseminate DeCSS .

.PDF https://w2.eff.org/IP/Video/MPAA_DVD_cases/20000817_ny_opinion.pdf

2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW

Aug 30, 2000 ... DeCSS Was Designed Primarily to Circumvent CSS . . . 34 b. ... Defendants' Alleged Right to Disseminate DeCSS . . . . . . . . . . . . . . . . 52. 2.

.PDF https://w2.eff.org/IP/Video/MPAA_DVD_cases/20000830_ny_amended_opinion.pdf

3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...

Nov 28, 2001 ... DeCSS or any other DVD descrambling program. 3. ... technical analysis of CSS may have occurred in connection with the creation of DeCSS ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20011128_bunner_decl.pdf

4

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF ...

Nov 1, 2001 ... In October 1999, a computer program entitled “DeCSS” was posted on the ... DeCSS appeared on numerous web sites throughout the world, ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20011101_bunner_appellate_decision.pdf

5

STATEMENT OF THE CASE This is a typical free speech case. The ...

May 22, 2002 ... That is the undisputed totality of Bunner's involvement with DeCSS. ... authorship or the original publication of DeCSS on the Internet. He did ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20020522-supreme_court_answer.pdf

6

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA ...

Nov 21, 2003 ... the alleged creators of DeCSS, did nothing to aid in its creation or in its ... information: “the DeCSS program, the master keys or algorithms of ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20031121_bunner_suppl_brief.pdf

7

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF ...

Feb 27, 2004 ... using or publishing “DeCSS,” a computer program allegedly ... In spite of these efforts to maintain the secrecy of CSS, DeCSS appeared on the ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20040227_Decision.pdf

8

~uprrmr QIourl of Q1uliforuiu

Jun 11, 2002 ... B. Bunner's Posting of DeCSS Is Mixed Speech and ... Will Likely Prove DeCSS Is a Protected ... Will Likely Prove that DeCSS Was Created. -- ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20020611_dvdcca_reply.pdf

9

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...

Nov 28, 2001 ... DeCSS was published on the Internet in. October 1999. ... The DeCSS computer program exists in ... created since the creation of DeCSS that ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20011128_bunner_facts_statement.pdf

10

S102588 IN THE - 400 Bad Request

Jul 18, 2002 ... SPEECH ACROSS THE SCIENTIFIC COMMUNITY ........................ 7. A. DeCSS source code is speech protected by the First Amendment……7 ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20020718_bunner-cpsr-amicus-brief.pdf

11

mar 5 av W I?

the Appellants from posting DeCSS on their web site and from knowingly .... barring Corley from posting DeCSS on his web site or from knowingly linking via a ...

.PDF https://w2.eff.org/IP/Video/MPAA_DVD_cases/20011128_ny_appeal_decision.pdf

12

425 California Street - Electronic Frontier Foundation

Nov 28, 2001 ... CSS, DeCSS, and other DVD descrambling programs also illustrate ... Linux operating system, a version of DeCSS as well as other DVD ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20011128_kesden_decl.pdf

13

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

DeCSS, the decryption program at issue here, contains within it CSS source code and ... Bunner contends that the trade secrets contained in DeCSS, the CSS ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/bunner-ca-ag-amicus.pdf

14

11" tqr ,g,uprrmr Q!ourt of Q!alifomia

Mar 22, 2002 ... Distribution of DeCSS Is Subject to No More Than. Intermediate Scrutiny ... B. The Distribution of DeCSS by Internet Posting Is. Conduct with ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20020322_dvdcca_merits_brief.pdf

15

425 California Street - Electronic Frontier Foundation

Nov 28, 2001 ... availability of DeCSS, both the CSS algorithm itself, and methods for ... The source code for DeCSS is available at many places on the Internet.

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20011128_felten_decl.pdf

16

OSLO TINGRETT

7. jan 2003 ... Ved bruk av DeCSS framstilles en ubeskyttet kopi av DVD-filmen. ... benyttet DeCSS på egne DVD-filmer, og han spredte DeCSS flere ganger i ...

.PDF http://w2.eff.org/IP/Video/Johansen_DeCSS_case/20030109_johansen_norwegian_decision.pdf

17

425 California Street - Electronic Frontier Foundation

Nov 28, 2001 ... The DeCSS computer program was one of the first to achieve this by ... The term DeCSS has been used to refer to several DVD descrambling ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20011128_wagner_decl.pdf

18

TABLE OF CONTENTS TABLE OF AUTHORITIES ...

Dec 24, 2001 ... in the reverse engineering and who instead found DeCSS on a publicly ... DeCSS has both expressive and functional aspects and that its ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20011224_bunner_casupct_reply.pdf

19

Outline of Amicus Brief: Pavlovich v

on the theory that publication of DeCSS constitutes a violation of the. California ... Despite the pervasive availability of DeCSS, DVD CCA sought and obtained a ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/020711-bunner.pdf

20

, ;:!f/~9.

Jan 4, 2000 ... DeCSS. &jar det mulig med enkle midler A dekryptel'e de krypteJ'te ... Utlegningen IV DeCSS-propammet rant st:d pi bjemmesidene ti1 Micro ...

.PDF http://w2.eff.org/IP/Video/Johansen_DeCSS_case/20000104_dvdcca_no_prosecutor_letter.no.pdf

21

Facsimile: (562) 592-6825

Jan 14, 2002 ... action not as the party that was allegedly injured when DeCSS was ... The DeCSS Codes are a different set of ideas that also instruct a ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20020114_pavlovich_casupct_brief.pdf

22

Technological Protection Measures and Access to Knowledge

DeCSS, to make back-up copy of DVD. – Software to remove CD copy-protection. • Report: “Unintended Consequences: 5 Years under the DMCA” (Spanish) ...

.PDF https://www.eff.org/sites/default/files/filenode/peru_tpms.pdf

23

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...

Nov 28, 2001 ... The term “DeCSS” originally referred to DECSS. ... using “DeCSS” and instead refer explicitly to various DVD decryption programs by name ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20011128_touretzky_decl.pdf

24

Zln 11112 §upr211112 Olnurt nf this Hnitizh $121122

Jan 2, 2003 ... the DeCSS program, jeopardizing all copyrighted material contained on .... DeCSS allows users to circumvent CSS technology by decrypting ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20030102_DVDCCA_app_stay.pdf

25

TABLE OF CONTENTS TABLE OF AUTHORITIES ...

Dec 24, 2001 ... in the reverse engineering and who instead found DeCSS on a publicly ... DeCSS has both expressive and functional aspects and that its ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20011224_bunner_casupct_reply.pdf

26

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH ...

Sep 21, 2000 ... Indeed, the LiVID group was in existence long before DeCSS and was focusing .... Prior to the Internet publication of DeCSS, Petitioner knew ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20000921_pavlovich_app_reply.pdf

27

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...

Nov 28, 2001 ... those alleged trade secrets by posting a copy of the DeCSS DVD ... The DeCSS computer program is available throughout the world without ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20011128_bunner_sum_judg_motion.pdf

28

TPMs and Civil Rights

Feb 15, 2011 ... DeCSS to make back-up copy of DVD. – Software to remove CD copy-protection. • 7 exceptions to access ban for public policy purposes.

.PDF https://www.eff.org/files/filenode//EFF%2520presentation%2520on%2520TPMs%2520and%2520Civil%2520Rights.pdf

29

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

Sep 11, 2000 ... third party creator of DeCSS posted DeCSS on the Internet, ... DeCSS. When implemented by a user, DeCSS can enable consumers to ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20000911_pavlovich_sc_petition.pdf

30

illiniteh étates Qllnurt of Qppeals

Apr 16, 2004 ... DeCSS, was not created for an improper purpose, i. e., “pirating copyrighted ... Instead, the defendants argued that DeCSS was created for the ...

.PDF https://www.eff.org/sites/default/files/filenode/Chamberlain_v_Skylink/20040416_appellate_reply_brief.pdf

31

DMCA summary judgment brief1.DOC

In Reimerdes, the defendants hosted a website that discussed and offered for download a program called “DeCSS,” which circumvented an encryption system ...

.PDF https://www.eff.org/sites/default/files/filenode/Blizzard_v_bnetd/show_case_doc.pdf

32

IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND ...

Jan 26, 2001 ... though there is no proof that the posting of DeCSS has caused any underlying ... or had any ability to control the acts of any users of DeCSS, ...

.PDF https://w2.eff.org/IP/Video/MPAA_DVD_cases/20010126_ny_lib_amicus.pdf

33

Appellate Court No. H021961 IN THE SUPREME COURT OF THE ...

Sep 14, 2001 ... 568146.WPD problems involving interoperability. DeCSS is a different system of ideas that also tells a DVD player how to unscramble and play ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20010914_pavlovich_sc_petition.pdf

34

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH ...

Sep 11, 2000 ... third party creator of DeCSS posted DeCSS on the Internet, ... site alleged to have republished DeCSS, did not create the DeCSS code, and did ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20000911_pavlovich_app_petition.pdf

35

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA ...

Dec 22, 2003 ... secrets at the time DeCSS was first created and published. 31. Cal.4th at 875. ... It has not shown that the creation of DeCSS was a further ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20031222_bunner_reply_brief.pdf

36

19 20 21 22

Jan 10, 2003 ... D. “DeCSS” and the Carley Litigation ...................................................................... .. 6. E. 321 and The DVD Circumvention Software .

.PDF http://w2.eff.org/IP/DMCA/20030114_321_studios_mtn_sj.pdf

37

IN THE SUPREME COURT OF CALIFORNIA

Nov 25, 2002 ... LiVid posted the source code of a program named DeCSS on its Web site ... At the time LiVid posted DeCSS, Pavlovich knew that DeCSS “was ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20021125_pavlovich_opinion.pdf

38

FEDERAL TRADE COMMISSION FTC TOWN HALL: DIGITAL ...

sought to enjoin publication of information about DeCSS, a program that circumvents a standard form of DRM on DVDs. Four years later, EFF took a leading role ...

.PDF http://www.eff.org/files/filenode/DRM/DRMCOMMENTS_final.pdf

39

PHB MPAA 321 (w/ZAENTZ) Answer to FAC & Counterclaim ...

Dec 20, 2002 ... that DeCSS is a software application that descrambles DVD data encrypted by CSS, permitting the access and playback of DVD videos on ...

.PDF http://w2.eff.org/IP/DMCA/20021220_mpaa_answer.pdf

40

SUPERIOR COURT OF

Sep 14, 2001 ... 568146.WPD problems involving interoperability. DeCSS is a different system of ideas that also tells a DVD player how to unscramble and play ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20010914_pavlovich_sc_petition.pdf

41

10 11 12 17'

Dec 20, 2002 ... The software program known as “deCSS” is an open-source, freely ... On infonnation and belief, one of the primary authors of deCSS is Jon ...

.PDF http://w2.eff.org/IP/DMCA/20021220_321_studios_complaint.pdf

42

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA ...

Feb 14, 2002 ... the Internet, including a program called DeCSS, that misappropriate DVD ... In disseminating DeCSS on the Internet, Pavlovich engaged ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20020214_dvdcca_merits_brief.pdf

43

D%C 0 4 2001

Nov 30, 2001 ... distribute CSS trade secrets was DeCSS, a software utility, or computer program ... In October 1999, DeCSS was posted on the Internet with ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20011204_petition_for_review.pdf

44

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH ...

Mar 7, 2001 ... of information in the form of computer instructions known as DeCSS. Months after the original publications of the DeCSS information, Real ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20010307_pavlovich_app_reply.pdf

45

Macrovision Analog Protection System

Mar 20, 2003 ... Additional layer of security when deCSS hack employed. > APS & Watermarking are Complementary. • Impact different device populations ...

.PDF http://w2.eff.org/IP/DMCA/Macrovision_v_321Studios/20030320_Macrovision_APS.pdf

46

No. S102588 IN THE SUPREME COURT OF THE STATE OF ...

Jul 18, 2002 ... legal error in ruling that Bunner's posting of the DeCSS program on ... the availability of DeCSS on the Internet prior to Bunner's posting ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20020718_bunner_amicus_brief.pdf

47

IN THE SUPREME COURT OF TI-IE STATE OF CALIFORNIA DVD ...

Jul 11, 2002 ... that DeCSS cannot be a trade secret because it was already published, TPO submits that these arguments are irrelevant to the core issue, ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20020712_ipo_amicus_brief.pdf

48

Supreme Court No. S102588 ) Court of Appeal No. H021153 ...

Jul 18, 2002 ... create a computer program known as “DeCSS” that decrypts DVD titles ... DeCSS because its members have already sold hundreds of millions ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20020718_bunner_ms_amicus_brief.pdf

49

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA ...

Apr 7, 2005 ... found that the trade secrets involved in the DeCSS program ... In Bunner, the defendants were still free to publish information about DeCSS and ...

.PDF https://www.eff.org/sites/default/files/filenode/Apple_v_Does/20050407_apple_brief.pdf

50

Unintended Consequences: Three Years Under the DMCA

May 3, 2002 ... block it from publishing the DeCSS software program, which defeats the ... 2600 from publishing, or even linking to, the DeCSS software code.

.PDF https://w2.eff.org/IP/DMCA/unintended_consequences_v1.pdf

51

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...

containing DeCSS constitutes 'offering [DeCSS] to the public' or 'providing other otherwise trafficking' in it within the meaning of the DMCA” and analyzing ...

.PDF https://www.eff.org/sites/default/files/filenode/OPG_v_Diebold/plaintiff_reply_prelim_injunct.pdf

52

United States District Court United States District Court

Feb 19, 2004 ... non-jury trial, which enjoined them from posting the DeCSS decryption program on the ... linking to any website on which DeCSS was posted.

.PDF http://w2.eff.org/IP/DMCA/MGM_v_321Studios/20040219_Order.pdf

53

1 BEFORE THE COPYRIGHT OFFICE LIBRARY OF CONGRESS IN ...

notwithstanding the injunctions against 321 Studios and DeCSS). DVD burners and blank media will become cheaper, while new technologies like Apple's ...

.PDF http://w2.eff.org/IP/DMCA/copyrightoffice/2006_DMCA_RM_EFF_reply_comments.pdf

54

Unintended Consequences: - Internet Governance Forum

seeking to block it from publishing DeCSS, a ... 2600 from publishing, or even linking to, the DeCSS .... above, the court held that the DMCA bans DeCSS ...

.PDF http://www.eff.org/files/DMCA_unintended_v4.pdf

55

Unintended Consequences: Five Years under ... - Third World Network

Sep 24, 2003 ... to block it from publishing the DeCSS software program, which defeats ... 2600 from publishing, or even linking to, the DeCSS software code.

.PDF http://w2.eff.org/IP/DMCA/unintended_consequences.pdf

56

Comments Regarding the Ministry of Development's Digital ...

For instance, it would preclude tools such as DeCSS software and. 321 Studios LLC's DVD Copy Plus software, both of which can be used to circumvent ...

.PDF http://w2.eff.org/IP/DMCA/nz_comments_final.pdf

57

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...

Feb 18, 2004 ... republication of DeCSS misappropriated DVD CCA's alleged trade secrets written inside each copy of the program “CSS.” Millions of copies of ...

.PDF http://w2.eff.org/IP/Video/DVDCCA_case/20040218_mtn_vacate.pdf

58

SBN 121156 - Electronic Frontier Foundation

Nov 28, 2001 ... These decryption programs include “DeCSS,” a program that decrypts DVD movie disks by implementing the CSS decryption algorithms and ...

.PDF https://w2.eff.org/IP/Video/DVDCCA_case/20011128_parviainen_decl.pdf

59

1 2 3

Jan 28, 2002 ... DMCA is content-neutral as applied to DeCSS because the DMCA ... The capability of DeCSS to instruct a computer to decrypt CSS is ...

.PDF https://www.eff.org/sites/default/files/filenode/elcomsoft/20020128_elcom_memo_dismiss_motion.pdf

60

Unintended Consequences:

seeking to block it from publishing DeCSS, a ... 2600 from publishing, or even linking to, the DeCSS .... above, the court held that the DMCA bans DeCSS ...

.PDF http://www.eff.org/files/DMCAUnintended10.pdf

61

Electronic Frontier Canada La Frontière Électronique du Canada

Sep 15, 2001 ... publishing a software program, known as DeCSS, that defeats the ... the fact that DeCSS could be used to facilitate “fair use,” a doctrine long- ...

.PDF http://w2.eff.org/IP/Foreign_and_local/Canada/20010915_efc_eff_cpdci_comments.pdf

62

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...

Mar 14, 2003 ... aimed not at the content of computer programs such as DeCSS and AEBPR, ... DeCSS would prevent, for example, the use of digital quotations ...

.PDF http://w2.eff.org/IP/DMCA/20030314-321-studios-amicus.pdf

63

No. 04-3654 IN THE UNITED STATES COURT OF APPEALS FOR ...

320 (S.D.N.Y. 2000) (§ 1201(f) did not exempt development of"DeCSS" ... operating system; fact that developers were aware that DeCSS could enable. 27 ...

.PDF https://www.eff.org/sites/default/files/filenode/Blizzard_v_bnetd/amicus_ESA.pdf

64

Digital Rights Management: A failure in the developed world, a ...

friends produced a computer program called DeCSS that was necessary in order for them to watch out-of-region DVDs and to play back DVDs under the ...

.PDF https://w2.eff.org/IP/DRM/drm_paper.pdf