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January 17, 2004
Pavolvich Free to Post DeCSS (Until Sued by MPAA, Anyway)
Posted by Ernest Miller
Reuters has an important story in the DeCSS saga (Supreme Court Unscrambles DVD Decision). Apparently, two weeks ago the Supreme Court of the United States reversed an emergency stay on the Pavlovich DVD case. Pavlovich, a resident of Texas, had successfully contested jurisdiction (as determined by the California Supreme Court) in a trade secrets case brought in California. The DVDCCA had claimed posting DeCSS violated their trade secrets. According to Reuters, "In the latest ruling, U.S. Supreme Court Justice Sandra Day O'Connor lifted the injunction, saying there was no need to keep DeCSS a secret." This is a major blow to the trade secrets case, though not to the DMCA case (see, EFF's MPAA DVD Cases Archive).
I wonder though, if the emergency stay was lifted Jan. 3, why haven't I heard about it before?
Read about the history of the case on EFF: DVDCCA Case Archive: Pavlovich.
Comments (2)
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Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
1. Fred von Lohmann on January 21, 2004 04:09 PM writes...
Near as we at EFF can tell, this Reuters report is an error, about an event that happened two years ago.
Permalink to Comment2. Charodon on January 21, 2004 07:40 PM writes...
Howard Bashman cleared this up. The story was from a year ago. See http://appellateblog.blogspot.com/2004_01_01_appellateblog_archive.html#107439134528068234
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