Online Mag Appeals DeCSS Ruling15 Jan, 2002 By: Hive News
2600 Magazine has asked a U.S. court to reverse an earlier ruling prohibiting publication of the DeCSS software code, which permits DVD owners to view DVDs on players that are not approved by the entertainment industry.
"Free speech principles should turn not upon newly minted distinctions between pen-and-ink and point-and-click," said the Electronic Frontier Foundation (EFF) and lead counsel Kathleen M. Sullivan, in asking the Second Circuit Court of Appeals to hear Universal v. Corley.
"By permitting publication of code in an online magazine, the Second Circuit would recognize that Internet speech is fully protected by the First Amendment as established by the U.S. Supreme Court in ACLU v. Reno," noted EFF legal director Cindy Cohn. "The most egregious part of the previous decision prevented even linking, the lifeblood of the Internet."
In November, a three-judge panel held that the magazine could be banned from publishing or linking to DeCSS. That panel rejected pleas from intellectual property professors, computer scientists and security experts, the Association for Computing Machinery, the American Library Association, the ACLU, and the Reporters Committee for Freedom of the Press, among others.
A court decision on the request is expected later this spring.