Judge Kaplan has released a memorandum opinion on the January hearing which explains his reasons for granting the injunction. Many of the findings of fact are simply false. Given adequate time to prepare we are confident that this will be proven at trial.
We have obtained the transcript of the preliminary injunction hearing
that was held on January 20 and which wound up going against us.
Exchanges like this show why this happened:
16 MR. LEVY: I'm sorry, your Honor. I actually have a
17 technology expert with me. Would the Court like to or would
18 they agree to hear a very brief statement on this point from
19 that expert?
20 THE COURT: No.
"We're going to need some bigger guns." - EFF Attorney Robin Gross
For the second time in as many days, an injunction was granted against
websites containing the DeCSS source code. This time over 500 sites
around the world were affected by the order, issued in Santa Clara
County (California) Superior Court. The location of this action calls
into question issues of jurisdiction. For instance, even though we
are specifically named here, we don't feel compelled to abide by this
decision, since we're based in New York. It's a moot point since
Thursday's federal ruling forced us to remove the source code anyway.
But for the hundreds of others affected, this court action will
likely be ignored, as it's completely unenforceable outside this
district of California. As it is, a phenomenal number of mirror sites
have sprung up after Thursday's court action against 2600 and other
In yet another example of the coordinated timing behind these attacks,
the Recording Industry Association of America has filed a lawsuit
against mp3.com for allowing people to play their own music in mp3
format. Another front has opened in a battle that seems to increase
in intensity by the day.
2600 WEBSITE HIT WITH INJUNCTION
Today would have been a very happy day for us here at 2600. After nearly five years in prison, this is the day that Kevin Mitnick is finally being released.
Ironically, that development is overshadowed by a very immediate threat to 2600, the hacker community, and people who value freedom everywhere.
At 5:40 pm on Thursday, the Motion Picture Association of America was granted a preliminary injunction against us - and everyone we've ever had any contact with - prohibiting the distribution of the DeCSS source code. As a result we have had to remove our mirrors of DeCSS, css-auth and related information from the November article. Last week's complaint was filed at the last possible minute on a Friday before a three day weekend. This calculated and bullying move minimized media coverage and ensured that any publicity was only from their perspective. Not to mention of course the fact that the corporations that make up the MPAA collectively own just about every major media outlet in the country. Meanwhile the EFF legal defense team was busy preparing for the Tuesday DVD CCA hearing in California and we were busy preparing for the Mitnick release. We were given a grand total of about eight hours to consult with our attorneys, look for evidence, and write a declaration. Despite our having never been properly served, the judge only granted a continuance of a few hours making it impossible to assemble any evidence in time for the hearing. The judge essentially ignored our arguments and granted the preliminary injunction.
"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."
- Jack Valenti, President and CEO of the MPAA
Creative artists and consumers are the first ones to suffer under this ruling as the MPAA and its affiliated companies line their pockets with misguided legislation as their greatest ally. Jack Valenti is misleading the public and the courts with this continuing charade. The unchecked greed that he and his organization represent will do more to damage the reputation of the film industry than any individual merely interested in learning how DVD technology works.
We find this to be an outrageous miscarriage of justice and something which should, simply put, frighten and infuriate everyone reading this. We have been prohibited from engaging in a very basic exercise of free speech and if allowed to go unchallenged, this WILL dramatically change our day to day lives. The MPAA has managed to convince a judge that figuring out how technology works and explaining it to people are illegal acts.
As we've stated repeatedly, this is NOT about piracy of DVDs as the MPAA wishes the public to believe. It's about ACCESS CONTROL - in other words, the ability to play the DVDs that YOU'VE BOUGHT on the machine or platform of your choice. We challenge the MPAA to deny this.
This WILL go to trial and we intend to fight this absurdity all the way. Now, more than ever, we need your support. Attend your local 2600 meetings and Linux User Groups to organize demonstrations and pickets at movie theaters, motion picture studios, law offices - anyplace that will reach the MPAA, their customers, executives, and others in the industry. In the next couple of days, 2600 will be distributing flyers and other information from our website as well as coordinating simultaneous demonstrations on a date to be announced.
We can win this fight despite the intimidation tactics and tremendous financial disparity between us and the MPAA.
Get the flyer now: [HTML] [PDF] [PostScript] [GIF] [MS Word]
Transcript of hearing
Roman Kazan's Press Releases
Contact us at firstname.lastname@example.org
Contact info for the very wealthy corporations that are suing us:
Motion Picture Association of America - www.mpaa.org
Universal City Studios - www.mca.com
Paramount Pictures - www.paramount.com
Metro-Goldwyn-Mayer Studios - www.mgmua.com
Tristar Pictures - www.sony.com
Columbia Pictures - www.sony.com
Time Warner Entertainment - www.warnerbros.com
Disney Enterprises - disney.go.com
Twentieth Century Fox - www.fox.com