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FC: Text of appeals court's decision in MPAA vs. 2600 DM

------- 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

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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