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US DVD case tests copyright law

OUT-LAW News, 17/07/2000

A US internet copyright case, due to begin today in a Manhattan federal court, is expected to challenge existing views of US copyright law.

The case has been brought by eight Hollywood film studios against an individual, Eric Corley, also known under the pseudonym Goldstein, who provides DeCSS software over his web site which enables users to circumvent DVD security systems. His site also links to other sites offering the software.

The DeCSS software, the focal point of the case, enables users to circumvent DVD security systems that would otherwise prevent them from viewing, copying and transmitting movies on-line.

The film studios, which include Universal, Paramount, Disney and Time Warner, argue that by distributing the software, Goldstein is in breach of federal law prohibiting the supply of privacy tools which are intended to overcome technological barriers. The law they refer to is the Digital Millennium Copyright Act of 1998.

The most controversial aspect of the case is the way in which the legislation will be interpreted. The judge has expressed the view that the purpose of the software does not matter.

Some observers believe that the law requires a complete restriction on postings of DeCSS software, while others feel that the law permits the posting for legitimate purposes.

 

 

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