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[dvd-announce] Kaplan Enjoins 2600 from Posting and Linking
Not unexpectedly, Judge Kaplan has ruled against 2600.
Impressions from an initial skim of the decision:
Kaplan gives short shrift to the expressive content of computer code,
finding the anticircumvention provisions of 1201 to be a valid
content-neutral restriction on speech. He invokes an odd "disease"
metaphor for the propagation of decryption tools, to find 1201 necessary to
the important governmental interest of protecting copyright.
Kaplan further enjoins linking to DeCSS by pulling hyperlinking within the
1201 prohibition on "offering" circumvention technologies. He appears
relatively unconcerned with the restrictions on speech a hyperlinking ban
The opinion <http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/00-08117.PDF>
Final judgment and order
(Mirrored at <http://cyber.law.harvard.edu/openlaw/DVD/NY/opinion.pdf> and
By this evening, I hope to have a line-numbered text version of the opinion
posted to facilitate discussion.
As always, background documents are at
On to the appeal.
Wendy Seltzer -- firstname.lastname@example.org
Fellow, Berkman Center for Internet & Society at Harvard Law School
Openlaw - DVD: http://cyber.law.harvard.edu/openlaw/DVD/