[DMCA_Discuss] Bunner Wins DeCSS Trade Secret Appeal!!]

[Kragen Sitaker]

Jon O. writes:
> I figured FoRKers would be interested in this DeCSS case and decision.

Note that this is a very narrow decision; before this decision, if
Bunner or the other defendants had left DeCSS on their web pages, they
would be instantly and certainly guilty of contempt of court.  Now,
they are only possibly guilty of infringing trade-secret law.  (The
DMCA was not at issue in this case, although presumably the DVDCCA
could file another lawsuit under the DMCA; some of the language in the
decision suggests they might find the appeals court more sympathetic to
a restraining injunction if they did.)

-- 
<kragen@pobox.com>       Kragen Sitaker     <http://www.pobox.com/~kragen/>
Perilous to all of us are the devices of an art deeper than we possess
ourselves.
       -- Gandalf the White [J.R.R. Tolkien, "The Two Towers", Bk 3, Ch. XI]