[FYI] (Fwd) FC: Text of appeals court's decision in MPAA vs. 2600 DM

["Axel H Horns" <horns@ipjur.com>]

------- Forwarded message follows -------
Date sent:      	Thu, 29 Nov 2001 12:25:23 -0500
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: Text of appeals court's decision in MPAA vs. 2600 DMCA suit
Send reply to:  	declan@well.com

The version of the opinion up on EFF and 2600 is barely readable. This
one is larger but scanned from hardcopy:
http://vorlon.mit.edu/~declan/dmca/appeals.decision.112801.pdf

Says Chuck Sims, an attorney representing the MPAA member companies,
as quoted in my article: "The arguments against this law are
preposterous. It's an EFF fund-raising operation. It's raised lots of
money by hysterical attacks against this law. Four judges have looked
at the challenges and said, 'There's no there there.'"

-Declan

---
http://www.wired.com/news/politics/0,1283,48726,00.html

    Copyright Law Foes Lose Big
    By Declan McCullagh (declan@wired.com)
    9:00 a.m. Nov. 29, 2001 PST

    WASHINGTON -- If there was a scorecard for copyright lawsuits,
    this week it would look like this: entertainment industry 2, free
    speech zip.

    On Wednesday, with a pair of federal courts siding with the music
    and record industry, the Electronic Frontier Foundation lost two
    of its most important intellectual property cases so far.

    Programmers, hackers and open-source aficionados had pinned their
    hopes on these lawsuits as a way to eviscerate the Digital
    Millennium Copyright Act, a 1998 federal law loved by the
    entertainment and software industries almost as much as it's hated
    by computer professionals.

    Now, all of a sudden, repealing the reviled DMCA through First
    Amendment litigation seems altogether unlikely. Nor, given how
    much Washington politicians adore the law, is Congress likely to
    alter it.

    In its decision (PDF) on Wednesday, the Second Circuit Court of
    Appeals trashed the EFF's arguments, saying they were anything but
    convincing. The appeals panel ruled 3-0 to uphold an August 2000
    decision by U.S. District Judge Lewis Kaplan that barred 2600
    magazine from distributing a DVD-descrambling utility.

    [...]




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