DeCSS case in Cal. will be heard by state’s Supreme Court. Annou...
DeCSS case in Cal. will be heard by state’s Supreme Court. Announcement of review of DVD Copy Control Assn. v. Bunner (S102588) came late Wed. and was setback for Electronic Frontier Foundation (EFF). In Dec., EFF argued that Cal.…
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Supreme Court shouldn’t grant DVD CCA’s request to review case after Cal. 6th Dist. Court of Appeal overturned lower court injunction ordering defendant Andrew Bunner to remove DeCSS hack for DVDs from his Web site. DVD CCA had sued under Cal. Uniform Trade Secrets Act, but appeals court said preliminary injunction was prior restraint under First Amendment. Following appeals court’s reversal in Nov., DVD CCA charged that “intermediate scrutiny” test of First Amendment should have been applied. EFF challenged DVD CCA’s petition to Cal. Supreme Court on grounds that DVD CCA was raising new legal and factual arguments at Supreme Court level, which EFF said was improper. Cal. Supreme Court didn’t comment on case or set date for hearing.