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The association sued Bunner and others under California's Uniform Trade Secrets Act and AOL Time Warner Inc The case had been framed as one that pitted trade secret rights against free speech, but justices did not resolve Monday whether the code at issue was a trade secret, leaving that question for a lower court , lifted the injunction, holding that protecting trade secrets is not as important as "the First Amendment right to freedom of speech " Joined by California's attorney general and companies including Boeing Co , Ford Motor Co " The case is not fully resolved, however, because the Supreme Court also ordered the San Jose appeals court to analyze whether the code is still a protected trade secret given its widespread exposure An attorney for the DVD association, Robert G "The idea was to get it out there for an open-source DVD player," Bunner said Bunner did not devise the encryption-cracking code, but posted it on one of his Web sites Greene, said the appeals court could still ultimately support Bunner's actions because the code's global dissemination may now prevent it from being recognized as a trade secret On Monday, an unanimous Supreme Court agreed , the DVD association argued that such an interpretation was akin to giving crooks the technology to reproduce protected material such as movies on a large scale Bunner, 26, said he has removed any reference to the unscrambling code from the Internet and is fighting the case to stand up for free speech rights The DVD Copy Control Association, an arm of Hollywood studios, said it controls the encryption system, which scrambles data to prevent unauthorized copying of a movie sold in the DVD format In reversing the appeals court, Justice Janice Rogers Brown said an order to remove the code "does not violate the free speech clauses of the United States and California constitutions A San Jose judge ordered Bunner to remove the decryption code from the Internet But the 6th District Court of Appeal in San Jose, Calif DVD Industry Wins Suit Over Posting Codes Aug 26, 7:08 AM EST Courts may block Internet users from posting codes that could be used to illegally copy DVD movies, the California Supreme Court ruled in a decision hailed by Hollywood The case centered on San Francisco computer programmer Andrew Bunner, who in 1999 posted the code to crack the encryption technology and, according to the movie industry, helped users replicate thousands of copyright movies per day Sugerman, predicted that the court's 7-0 ruling would have wide applications in trade secret law He is one of dozens of people throughout the United States that the association is suing for posting the code "Owners of trade secrets can now protect those trade secrets through injunctive relief, which is clearly now available," Sugerman said He said Monday he believed his actions were lawful, and said he put the information on the Web to let others play DVDs on their computers The court made it clear that the posting of legitimate trade secrets online was not permissible, reversing a lower court that had said disseminating industry secrets was protected free speech His attorney, David A The Norwegian teen who cracked the code, Jon Johansen, was acquitted in Norway in January of charges he stole trade secrets The U mpaa The description is available on a secondary channel uscourts fcc "In short, the FCC can point to no statutory provision that gives the agency authority to mandate visual description rules," the court said Court of Appeals for the District of Columbia Circuit said the Congress did not give the FCC the power to order what is known as "video description" when it asked the agency to study the issue of accommodating the blind Under video description, a narrator describes the action during natural pauses between dialogue Court Nixes FCC's Video Description Nov 8, 6:25 PM EST WASHINGTON (AP) â€â€? An appeals court on Friday threw out Federal Communications Commission rules requiring television programs to include oral descriptions of the action on the screen S "The MPAA and our member companies support video description on a voluntary basis," Valenti said, "and we will continue to make available our filmed entertainment to as wide an audience as possible, specifically including the blind and those with impaired vision org gov/common/opinions/200211/01-1149a The appeals court agreed The FCC had ordered the four major commercial networks â€â€? CBS, NBC, ABC and Fox â€â€? to provide 50 hours of such programming The Motion Picture Association of America challenged the rules in court, claiming the FCC was not authorized to issue them â€â€?â€â€?â€â€?â€â€? On the Net: Court decision: http://pacer gov Motion Picture Association of America: http://www " MPAA President Jack Valenti applauded the court's decision txt Federal Communications Commission: http://www "Congress authorized and ordered the commission to produce a report â€â€? nothing more, nothing less " FCC officials did not immediately return a call seeking comment cadc |
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