>From: Seth David Schoen <[EMAIL PROTECTED]> >Subject: [free-sklyarov-announce] Jon Johansen indicted ([[EMAIL PROTECTED]: >[E-S] EFF: Norwegians Indict Teen Who Published Code Liberating DVDs]) >Date: Thu, 10 Jan 2002 19:52:19 -0800 > >Now that Dmitry Sklyarov is home in Moscow, another young man is the >subject of criminal charges for writing decryption software. > >Jon Johansen, now 18, faces possible jail time for his involvement in >the creation of DeCSS, software to decrypt DVDs. The charges were >filed this week in his home country of Norway. > >DeCSS is an open-source decryption application which provided the >technical details which led directly to the first Linux DVD support >and to a wide variety of open-source DVD players. > >The EFF press release says Jon could spend two years in jail, if >convicted. Other news reports claimed that the jail term would be six >months. > >A mailing list called "free-jon" has been created at EFF: > >http://www.eff.org/mailman/listinfo/free-jon/ > >----- Forwarded message from Will Doherty <[EMAIL PROTECTED]> ----- > >To: [EMAIL PROTECTED] >From: Will Doherty <[EMAIL PROTECTED]> >Date: Thu, 10 Jan 2002 13:04:07 -0800 >Subject: [E-S] EFF: Norwegians Indict Teen Who Published Code Liberating DVDs > >Electronic Frontier Foundation Media Release > >For Immediate Release: January 10, 2002 > > >Contact: > >Robin Gross > Intellectual Property Attorney > Electronic Frontier Foundation > [EMAIL PROTECTED] > +1 415 436-9333 x112 (office), +1 415 637-5310 (cell) > >Cindy Cohn > Legal Director > Electronic Frontier Foundation > [EMAIL PROTECTED] > +1 415 436-9333 x108 > > >Norwegians Indict Teen Who Published Code Liberating DVDs > >U.S. Entertainment Industry Pressured Norwegian Prosecutors > >Oslo, Norway - Acting years after pressure from the U.S. >entertainment industry, the Norwegian government yesterday >indicted teenager Jon Johansen for his role in creating >software that permits DVD owners to view DVDs on players >that are not approved by the entertainment industry. > >On January 9, 2002, the Norwegian Economic Crime Unit >(?KOKRIM) charged Jon Johansen for creating software called >DeCSS in 1999 when he was 15 years old. > >"Johansen shouldn't be prosecuted for breaking into his own >property," said Robin Gross, staff attorney at the >Electronic Frontier Foundation (EFF). "Jon simply wanted to >view his own DVDs on his Linux machine." > >"Although prosecutors in Norway failed to defend the rights >of their citizens against Hollywood?s unprecedented >demands, we are confident that neither the Norwegian people >nor their justice system will allow this charge to stand," >added EFF Legal Director Cindy Cohn. "The movie studios >have used intellectual property rights to silence >scientists, and censor journalists. Now, they are declaring >war on their customers." > >Johansen's indictment comes more than two years after the >Motion Picture Association of America (MPAA) initally >contacted ?KOKRIM prosecutors to request a criminal >investigation of the Norwegian teen and his father, Per >Johansen, who owned the equipment on which the DeCSS >software was posted. > >Johansen originally published DeCSS as part of the open >source development project LiVID (Linux Video) in building >a DVD player for the Linux operating system. The MPAA CSS >licensing entity, named DVD-CCA, refuses to license CSS to >projects such as LiVID, which is an open source project >collaborating on the Web to build interoperable software >tools. LiVID's independently created DVD player software >would compete with the movie studio monopoly on DVD players >while offering more consumer friendly features. > >DeCSS also enables people to exercise their fair use >rights with DVD movies, like fast-forwarding through >commercials or copying for educational purposes. > >In January 2000, Johansen won the prestigious "Karoline >Prize" for his DeCSS software innovation. This national >prize is awarded yearly to a Norwegian high school >student with excellent grades who makes a significant >contribution to society outside of school. > >?KOKRIM Chief Prosecutor Inger Marie Sunde indicted >Johansen, who recently turned 18, for violating Norwegian >Criminal Code section 145(2), which outlaws breaking into >another person?s locked property to gain access to data >that one is not entitled to access. > >Johansen's prosecution marks the first time the Norwegian >government has attempted to punish individuals for >accessing their own property. Previously, the government >used this law only to prosecute those who violated >someone else's secure system, like a bank or telephone >company system, in order to obtain another person's records. > >Norwegian prosecutors did not indict Per Johansen, but >his son Jon Johansen could face two years in prison if >convicted. > >MPAA also requested ?KOKRIM charge Johansen with >contributory copyright infringement; however prosecutors >declined. Johansen?s trial could start before summer 2002. > >On November 1, 2001, the California Court of Appeal for >the 6th District unanimously overturned a lower court's >injunction that banned the publication of DeCSS on trade >secret grounds, citing the First Amendment rights of >individuals to independently obtain or derive information >claimed to be a trade secret by DVD-CCA. > >In another legal case to outlaw DeCSS, brought under U.S. >federal law, the 2nd Circuit Court of Appeals in New York >recently upheld a lower court's ruling that ordered 2600 >Magazine to remove DeCSS from its online publication, >including hyperlinks. Jon Johansen provided testimony >in the 2600 Magazine case. > >The Electronic Frontier Foundation (EFF) will continue to >handle both of these U.S. DeCSS cases and is determining >its role in the Johansen case. > > >Additional information on Johansen case: >http://www.eff.org/IP/DeCSS_prosecutions/Johansen_DeCSS_case/ > >Jon Johansen?s testimony at the 2600 Magazine trial in New >York under the DMCA (July 20, 2000): >http://www.eff.org/IP/Video/MPAA_DVD_cases/20000720_ny_trial_transcript.html > >Declaration of Jon Bing, Norwegian legal expert on lack of >legal precedent in Norway to support ?KOKRIM?s indictment >(filed in California DeCSS trade secrets case): >http://www.eff.org/IP/Video/DVDCCA_case/20000118_bing_norway_law_decl.html > >Additional information on DVD CCA cases: >http://www.eff.org/IP/Video/DVDCCA_case/ > > >About EFF: > >The Electronic Frontier Foundation is the leading civil >liberties organization working to protect rights in the >digital world. Founded in 1990, EFF actively encourages and >challenges industry and government to support free >expression, privacy, and openness in the information >society. EFF is a member-supported organization and >maintains one of the most-linked-to websites in the world at >http://www.eff.org/ > > -end- > >----- End forwarded message ----- > >-- >Seth David Schoen <[EMAIL PROTECTED]> | Reading is a right, not a feature! > http://www.loyalty.org/~schoen/ | -- Kathryn Myronuk > http://vitanuova.loyalty.org/ | >_______________________________________________ >free-sklyarov-announce mailing list >[EMAIL PROTECTED] >http://lists.xcf.berkeley.edu/mailman/listinfo/free-sklyarov-announce
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