Johansen was just 15 when he co-authored and allegedly distributed a program called DeCSS. It compromises what is known as the Content Scramble System, or CSS, found in DVDs, designed to prevent unauthorised duplication of a DVD's content. He was prosecuted in response to pressure from Norway's entertainment industry and the Motion Picture Association of America (MPAA).
Now 20, Johansen was acquitted last January of violating a Norwegian data security law prohibiting the unauthorised compromising of computer security systems. Johansen had always argued that the reason he wrote DeCSS was to enable him to view his own DVDs on his Linux-based computer.
In March, prosecutors were given leave to appeal (something that could not happen in the UK's legal system), with the case being finally heard in December.
The maximum penalty facing Johansen was two years' imprisonment and a fine; but the seven-strong appeal court issued their ruling on 22nd December, acquitting Johansen on all counts. According to the court, Johansen had used the code to access only his own DVDs and had therefore not committed any copyright infringement.
The December acquittal took Johansen by surprise – he was on holiday at the time and, according to reports, could not be contacted by his lawyer, Halvor Manshaus. But Manshaus said at the time: "The ruling draws up the line of demarcation between the interests of owners and distributors of intellectual property on the one side, and consumers on the other".
He continued:
"The court mentions that optical storage media easily can be damaged, making it important for consumers to have the option of making a back-up copy within already defined 'fair-use' terms. In addition, the Court states that although DeCSS can be used to make illegal copies, this was not the intent of Johansen, nor has he made copies in violation of intellectual property regulations."
Robin Gross, Executive Director of civil liberties group IP Justice, said of the result: "Both the Norwegian city and appeals courts have wisely recognized that when you buy a DVD, you own it; and Hollywood does not have the right to tell you how you may use your property".
The MPAA expressed disappointment at the verdict. In a statement quoted by ZDNet News.com, it said:
"The actions of serial hackers such as Mr Johansen are damaging to honest consumers everywhere. While the ruling does not affect laws outside of Norway, we believe this decision encourages circumvention of copyright that threatens consumer choice and employment in the film and television industries."
It has now been confirmed that there will be no appeal by Norwegian prosecutors to the country's Supreme Court.