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Date: 2000-01-21
DeCSS: Verfügung gegen die DVD-Rebellen-.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- Yorker Richter dem Begehren der Motion Pictures Association of America nach einer einstweiligen Verfügung statt gegeben . Mehr dazu im Laufe des Tags. Related http://archiv.quintessenz.at/archiv/msg00995.html http://archiv.quintessenz.at/archiv/msg00993.html http://archiv.quintessenz.at/archiv/msg00992.html http://archiv.quintessenz.at/archiv/msg00991.html -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- reported by John Young <jya@pipeline.com> Federal Judge Lewis Kaplan today granted a preliminary injunction against three defendants sued by the Motion Picture Association of American for offering the DeCSS DVD descrambling program on the Internet. At a three-hour preliminary hearing today in the Southern District of New York, arguments were presented for MPAA by its counsel, Proskauer Rose, and for the defendants, Shawn Reimerdes, Roman Kazan, and Edwin Corley a/k/a Emmanuel Goldstein, by the Electronic Frontier Foundation and Attorney Katz. EFF's attorneys, Robing Gross and Allon Levy, participated from its California offices by way of teleconference. Judge Kaplan rejected every argument, point by point, made by the defendants and firmly endorsed, point by point, the claims of MPAA made under provisions of the Digital Millennium Copyright Act (DMCA) for protecting intellectual property. A clear link with made by this federal case with the California case by the plaintiffs and Judge Kaplan. MPAA counsel argued that the suit was reluctantly filed in response to widespread, global posting of DeCSS in response to the California suit. The judge agreed that this backlash warranted a preliminary injunction to prevent "irreparable harm" to the copyright holders, among other justifications which he elaborated in a lengthy statement on the case, its opposing arguments and law governing copyright and the First Amendment. Judge Kaplan will issue a final written version of his statment and order early next week. Upon completion of his verbal statement he signed and presented to counsel his order for the preliminary injunction. Defendants Reimerdes and Kazan were present during the hearing, Corely was not. Judge Kaplan offered a speedy trial for the suit, "as early as next Tuesday if you want it," he said to MPAA counsel. "I would like this tried as soon as possible. I offer you a runaway train if that's what you want. My schedule is clear for this." Defendants' counsel requested a delay and the judge agreed to accept an application for an alternate date. During the hearing it became clear which way the judge would rule. He repeatedly urged defense attorneys to get on with their argument, hectored them and lectured them on the law. He had earlier refused an adjournment in the hearing to allow the defense more time to prepare responses to the suit. Defense papers of Roman Kazan apparently were not properly submitted to the court in time to be considered. Judge Kaplan refused to allow late submission and dismissed the need for more time, saying, "these rapid schedules are customary in preliminary injunction cases, there was plenty of time to respond. I am obliged to rule on what the court has." Judge Kaplan stated there was a clear intent to break the law as indicated by vulgar remarks on Reimerdes' Web site. For emphasis on this point he repeated them as if with distaste on three occasions during the hearing: "the DVD CAA lawyers are cocksuckers." There was a single reporter was at the hearing in Judge Kaplan's chambers, Jeff Howe with the Village Voice, two observers from Cryptome, and the MPAA public relations representative, Ken Frydman, who distributed a pre-prepared victory statement from Jack Valenti, President and CEO of MPAA: "Judge Kaplan's ruling represents a great victory for creative artists and consumers everywhere. I think this serves as a wake-up call to anyone who contemplates stealing intellectual property." Cryptome asked Judge Kaplan after the hearing if he would answer questions. He said he does not speak to the press. We couldn't explain that's not us. We asked chief attorney for MPAA, Jon Baumgarten of Proskauer Rose, for comments. He said no, statements will have to come from MPAA public relations and that he would be briefing that office shortly. We spoke with Shawn Reimerdes and Roman Kazan about their views of the hearing. What they said is what Jeff Howe will tell in another forum, tomorrow I believe. -.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- edited by published on: 2000-01-21 comments to office@quintessenz.at subscribe Newsletter - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- 
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