<nettime> MPAA files new DVD lawsuit against 2600

["nettime's_roving_reporter" <nettime@bbs.thing.net>]

<http://www.2600.com/news/2000/0115.html>
   
   MPAA FILES NEW DVD LAWSUIS AGAINST 2600 
   
   01/15/00
   
   Just three weeks after 2600 was named as a defendant by the DVD CCA in
   a California lawsuit, the Motion Picture Association of America has
   jumped on the bandwagon. On January 14, 2000 the MPAA filed two
   lawsuits, one in the Southern District of New York against 2600,
   dvd-copy.com and krackdown.com, and another in Connecticut against the
   website for the Connecticut 2600 meeting - ct2600.org. Unlike the DVD
   CCA who claim that the exposure of weaknesses in their Content
   Scrambling System violates their trade secret, the MPAA is suing under
   the yet-untested Digital Millennium Copyright Act. They claim that
   DeCSS can be used to circumvent anti-piracy measures in DVDs, and thus
   is a crime to distribute. The MPAA, which includes Universal Studios,
   Paramount Pictures, MGM, Tristar Pictures, Columbia Pictures, Time
   Warner, Disney, and Fox are seeking $2,500 in damages for "each act of
   circumvention" - whatever that means.
   
   2600 has never even owned a DVD drive, yet the MPAA has attempted to
   make us out to be bootleggers and pirates. We first became involved in
   this fight November 11, when we ran a news story on our website
   standing up for the dozens of individuals who were being forced to
   take down their websites after receiving threats from the MPAA. The
   story includes a mirror of the software in question and other
   information about the encryption used in CSS that was being
   suppressed. Our stake in this case remains now as it was then,
   protecting freedom of speech, freedom of the press, and standing up to
   the bullying tactics of ignorant overpriced lawyers. It is scary to
   think that the same corporations who own CNN, ABC, CBS, and other
   "reputable news networks" are so eager to trample these rights. If the
   media won't defend a free press - who will?
   
   Fear of DVD piracy resulting from the distribution DeCSS is misguided
   to say the least. There have been tools available since at least
   November 1997 when we reported on our radio show Off The Hook news of
   a program that hooks into the device drivers for Zoran's SoftDVD to
   decode DVDs. Regardless, it has always been possible to copy a DVD
   without decoding it. The process of copying DVDs is a cumbersome and
   prohibitive task on the Internet, owing to the huge size of the files
   that comprise a DVD. It simply doesn't make much sense to go to this
   much trouble when the DVD itself can be purchased for a relatively low
   price. Indeed, copying DVDs was never the point; CSS was cracked as
   part of an effort to allow users of the free operating system Linux to
   be able to play DVDs on their computers.
   
   There are those who would like nothing better than to establish total
   control of the technology that enters our homes. If we permit the DMCA
   to stand unchallenged for the MPAA to abuse, any kind of reverse
   engineering could be defined as illegal. You would not be able to
   experiment with hardware or software that belongs to you or figure out
   how it works, without risking the wrath of some entity that claims
   you're a threat to their profits. We feel this law is so vaguely
   written that such ill-advised conclusions could be reached and that
   this would send a chilling effect throughout all forms of new
   technology.
   
   Keep in mind that the motion picture industry once claimed that VCRs
   would destroy the industry. The record companies insisted they would
   be put out of business by cassette tapes. CD writers enable people to
   make perfect copies of audio CDs, yet the music industry continues to
   grow and thrive. We see little difference here, except that the MPAA
   believed that human ingenuity could be defeated with a dose of
   encryption and legislation. They need to face reality - as soon as
   their code was broken, it became useless. By attempting to blame
   people who figured it out and punish those who spread the news, they
   are ignoring the simple fact that their "safeguards" didn't withstand
   the public's desire to defeat them. We feel they need to come to terms
   with this and move on.
   
   This is a battle that none of us can afford to lose. We began by
   simply adding our voice in a show of support for people who were being
   threatened because they figured out something they weren't supposed
   to. By joining them, we were then targeted as the threat simply by
   showing people how the technology worked! This has only strengthened
   our resolve tenfold. We are being deluged with offers of support and
   many more people are now spreading this knowledge because of the
   latest MPAA action. The Electronic Frontier Foundation, which already
   has its hands full with the DVD CCA case, has valiently stepped
   forward to help us challenge the DMCA.
   
   We don't know where this is going to go - whether we will be
   imprisoned, fined, or put out of business. The one thing that would
   ultimately be worse than any of that would be for us to back down. We
   intend to fight until the end. Please let the MPAA know your feelings
   (their contact info appears on their press release) and e-mail us if
   you'd like to join the battle.
                      _______________________________
   
<links follow>

   New York Claim [TEXT]
   
   Connecticut Claim [TEXT]
   
   Connecticut Summons [PDF 1] [PDF 2]
   
   Memorandum of law [TEXT] [PDF]
   
   Order to show cause [TEXT] [PDF]
   
   Rule 1.9 statement [TEXT] [PDF]
   
   Summons [TEXT] [PDF]
   
   Declaration of Bruce Boyden [TEXT] [PDF]
   
   Declaration of Fritz Attaway [TEXT] [PDF]
   
   Declaration of Michael Ostroff [GIF 1] [GIF 2]
   
   Discovery Attached to the Boyden Declaration
   
   Print out of dvd-copy.com [PAGE_1]
   
   Whois of dvd-copy.com [PAGE_1]
   
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   2600 Magazine
   P.O. Box 752
   Middle Island, NY 11953
   Telephone: 631-751-2600
   Fax: 631-474-2677
   Comments: Webmaster
   
   Copyright � 1995, 1996, 1997, 1998, 1999, 2000
   2600 Enterprises, Inc. All rights reserved.

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