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Date: 2000-01-21

DeCSS: Verfügung gegen die DVD-Rebellen

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In der zweiten Klage gegen den DVD-Hack hat ein New
Yorker Richter dem Begehren der Motion Pictures
Association of America nach einer einstweiligen Verfügung
statt gegeben . Mehr dazu im Laufe des Tags.


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reported by John Young <>

Federal Judge Lewis Kaplan today granted a preliminary
injunction against three defendants sued by the Motion
Picture Association of American for offering the DeCSS DVD
descrambling program on the Internet.

At a three-hour preliminary hearing today in the Southern
District of New York, arguments were presented for MPAA by
its counsel, Proskauer Rose, and for the defendants, Shawn
Reimerdes, Roman Kazan, and Edwin Corley a/k/a
Emmanuel Goldstein, by the Electronic Frontier Foundation
and Attorney Katz. EFF's attorneys, Robing Gross and Allon
Levy, participated from its California offices by way of

Judge Kaplan rejected every argument, point by point, made
by the defendants and firmly endorsed, point by point, the
claims of MPAA made under provisions of the Digital
Millennium Copyright Act (DMCA) for protecting intellectual

A clear link with made by this federal case with the California
case by the plaintiffs and Judge Kaplan. MPAA counsel
argued that the suit was reluctantly filed in response to
widespread, global posting of DeCSS in response to the
California suit. The judge agreed that this backlash warranted
a preliminary injunction to prevent "irreparable harm" to the
copyright holders, among other justifications which he
elaborated in a lengthy statement on the case, its opposing
arguments and law governing copyright and the First

Judge Kaplan will issue a final written version of his statment
and order early next week. Upon completion of his verbal
statement he signed and presented to counsel his order for
the preliminary injunction.

Defendants Reimerdes and Kazan were present during the
hearing, Corely was not.

Judge Kaplan offered a speedy trial for the suit, "as early as
next Tuesday if you want it," he said to MPAA counsel. "I
would like this tried as soon as possible. I offer you a
runaway train if that's what you want. My schedule is clear
for this."

Defendants' counsel requested a delay and the judge agreed
to accept an application for an alternate date.

During the hearing it became clear which way the judge
would rule. He repeatedly urged defense attorneys to get on
with their argument, hectored them and lectured them on the
law. He had earlier refused an adjournment in the hearing to
allow the defense more time to prepare responses to the suit.

Defense papers of Roman Kazan apparently were not
properly submitted to the court in time to be considered.
Judge Kaplan refused to allow late submission and
dismissed the need for more time, saying, "these rapid
schedules are customary in preliminary injunction cases,
there was plenty of time to respond. I am obliged to rule on
what the court has."

Judge Kaplan stated there was a clear intent to break the law
as indicated by vulgar remarks on Reimerdes' Web site. For
emphasis on this point he repeated them as if with distaste
on three occasions during the hearing: "the DVD CAA
lawyers are cocksuckers."

There was a single reporter was at the hearing in Judge
Kaplan's chambers, Jeff Howe with the Village Voice, two
observers from Cryptome, and the MPAA public relations
representative, Ken

Frydman, who distributed a pre-prepared victory statement
from Jack Valenti, President and CEO of MPAA:

"Judge Kaplan's ruling represents a great victory for creative
artists and consumers everywhere. I think this serves as a
wake-up call to anyone who contemplates stealing
intellectual property."

Cryptome asked Judge Kaplan after the hearing if he would
answer questions. He said he does not speak to the press.
We couldn't explain that's not us.

We asked chief attorney for MPAA, Jon Baumgarten of
Proskauer Rose, for comments. He said no, statements will
have to come from MPAA public relations and that he would
be briefing that office shortly.

We spoke with Shawn Reimerdes and Roman Kazan about
their views of the hearing. What they said is what Jeff Howe
will tell in another forum, tomorrow I believe.

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published on: 2000-01-21
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