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Hollywood Sees Setback in DeCSS Case

25 Nov, 2002 By: Hive News


The California Supreme Court has ruled that a Texas resident who published a software program on the Internet cannot be forced to stand trial in California, a spokesman for the Electronic Frontier Foundation (EFF) said today.

The court found that Matthew Pavlovich, who republished an open source DVD-descrambling software program called DeCSS, will not have to defend a trade secret lawsuit simply because he knew that his publication could cause "general effects" on the motion picture and technology industries in California. The court laid out clear jurisdiction rules for claims arising from publishing information on the Internet.

The Pavlovich decision is one piece of a larger legal struggle over Internet publication of DeCSS by thousands of individuals in fall 1999. European open source developers created DeCSS so they could play their DVDs on Linux computers, among other uses. DVD Copy Control Association, the sole licensing entity for a DVD-scrambling technology called CSS, sued hundreds of named and unnamed individuals and entities in the case Dec. 27, 1999.

Allon Levy, an attorney with San Jose's Hopkins and Carley, represented of Pavlovich with help from attorneys at the consumer group EFF.

"Mr. Pavlovich had no connections with California whatsoever," noted EFF legal director Cindy Cohn. "This decision clearly puts to rest the notion that you can drag someone into California court simply because he should have known that a Web publication could harm Hollywood."

The court noted that without reasonable rules for court jurisdiction in Internet cases, "plaintiffs connected to the auto industry could sue any defendant in Michigan, plaintiffs connected to the financial industry could sue any defendant in New York and plaintiffs connected to the potato industry could sue any defendant in Idaho."

The decision also impacts the numerous other defendants named or served in the legal dispute, all but one of whom are outside California, EFF spokesman Will Doherty said. The appeal of the preliminary injunction entered against the sole California resident named in the case, Andrew Bunner, is awaiting a date before the California Supreme Court.


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