------- Forwarded Message Date: Thu, 17 Aug 2000 13:50:48 -0400 To: [EMAIL PROTECTED] From: John Young <[EMAIL PROTECTED]> Subject: MPAA Wins New York DeCSS Case Judge Kaplan finds for MPAA in 93-page decision: http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-08117.PDF Quote: p. 89 VI. Conclusion In the final analysis, the dispute between these parties is simply put if not necessarily simply resolved. Plaintiffs have invested huge sums over the years in producing motion pictures in reliance upon a legal framework that, through the law of copyright, has ensured that they will have the exclusive right to copy and distribute those motion pictures for economic gain. They contend that the advent of new technology should not alter this long established structure. Defendants, on the other hand, are adherents of a movement that believes that information should be available without charge to anyone clever enough to break into the computer systems or data storage media in which it is located. Less radically, they have raised a legitimate concern about the possible impact on traditional fair use of access control measures in the digital era. Each side is entitled to its views. In our society, however, clashes of competing interests like this are resolved by Congress. For now, at least, Congress has resolved this clash in the DMCA and in plaintiffs’ favor. Given the peculiar characteristics of computer programs for circumventing encryption and other access control measures, the DMCA as applied to posting and linking here does not contravene the First Amendment. Accordingly, plaintiffs are entitled to appropriate injunctive and declaratory relief. SO ORDERED. Dated: August 17, 2000 _______________________________________ Lewis A. Kaplan United States District Judge End Quote ------- End of Forwarded Message
