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FC: EFF replies to MPAA lawyer Chuck Sims over DeCSS loss

------- Forwarded message follows ------- Date sent: Fri, 30 Nov 2001 10:28:54 -0500 To: politech@politechbot.com From: Declan McCullagh <declan@well.com> Subject: FC: EFF replies to MPAA lawyer Chuck Sims over DeCSS loss Send reply to: declan@well.com

Stanton from EFF points us toward a nicely-formatted HTML copy of the opinion that seems to have all the footnotes: http://www.eff.org/Cases/MPAA_DVD_cases/20011128_ny_appeal_decision.ht ml

Background: "Second Circuit trashes 2600, upholds ban on DeCSS distribution" http://www.politechbot.com/p-02854.html

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Date: Thu, 29 Nov 2001 13:51:11 -0800 To: declan@well.com From: John Young <jya@pipeline.com> Subject: 2600 Decision in HTML

Declan,

We got a text version from the CA2 electronic files which is free of the typos of the PDF but lacks the most informative footnotes:

http://cryptome.org/mpaa-v-2600-cad.htm

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Date: Thu, 29 Nov 2001 12:01:00 -0800 To: declan@well.com From: Shari Steele <ssteele@eff.org> Subject: Re: FC: Text of appeals court's decision in MPAA vs. 2600 DMCA suit

Hi Declan. I feel I have to respond to this quote:

>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.'"

This characterization of EFF's motives is mean-spirited and just plain wrong. EFF has dedicated a significant amount of manpower and financial resources to defend--yes, the net is being systematically attacked--the rights of journalists, scientists, and other net users under this abomination of a law. Yesterday's losses of both the Felton and 2600 cases were heartbreaking for a legal team that is fighting to make sure that new technologies can grow and flourish, that fair use survives into the digital age, and that each of us can use technology we have purchased however we choose. As a small nonprofit organization, we struggle to bring in enough money to stay in existence, unlike our well-financed foes. We took on the 2600 case because we believe that we have to stand up to the entertainment industry or they will crush any technology that doesn't fit neatly into their revenue stream. It's ludicrous to suggest that we took on Hollywood because we expected to get rich! Shari ~~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~.~ Shari Steele Executive Director ssteele@eff.org Electronic Frontier Foundation +1 415 436 9333 x103 (voice) 454 Shotwell Street +1 415 436 9993 (fax) San Francisco, CA 94110 http://www.eff.org

"Preserving our freedom is one of the main reasons that we are now engaged in this new war on terrorism. We will lose that war without firing a shot if we sacrifice the liberties of the American people."

-Senator Russ Feingold (D-WI), 10/25/01 opposing the enactment of the USA-PATRIOT Act

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