subject: (Fwd) Open Source Under Attack: LiVid Leader Awaits Court Ruli
posted: Mon, 4 Sep 2000 01:24:32 +0100


hey folks!

Remember when someone asked about reverse-engineering? Here
is an excellent start!

Stuart

PS: yes back online after dead internet connection but now can
definitely call oneself a wizard of teh internet connection sharing..

------- Forwarded message follows -------
Date sent: 30 Aug 2000 21:02:46 -0000
From: Agent Smiley <[email protected]>
To: [email protected]
Subject: Open Source Under Attack: LiVid Leader Awaits Court Ruling
Send reply to: [email protected]

[: hacktivism :]


On Tue, 29 Aug 2000 22:37:37 -0700 Robin Gross <[email protected]>
wrote:
EFF DVD Update: California DeCSS Trade Secret Litigation -- 08-
29-00
Open Source Under Attack: LiVid Leader Awaits Court Ruling

Santa Clara County Judge William Elfving stated today that he
would
rule in a few days on LiVid Project Leader Matthew Pavlovich's
motion
to quash the case DVD-CCA brought against him for posting
DeCSS.
Tuesday morning a hearing was held on the issue of whether the
state
of California and DVD-CCA can force Pavlovich, an individual with no
contacts to the state, to appear in a California court and defend
himself. Allonn Levy of Huber Samuelson "appeared specially" for
Matthew Pavlovich and Robin Gross of EFF appeared on behalf of
Andrew
Bunner to argue that it is fundamentally unfair for a California court
to assert jurisdiction over individuals from all over the world.

Open Source Initiative President Eric Raymond publicly responded to
DVD-CCA's erroneous statements made against the open source community
in its recent California legal filings:

Date: Mon, 28 Aug 2000 17:54:06 -0400
From: "Eric S. Raymond" <[email protected]>
To: [email protected]
Subject: Open Source Initiative rejects defamation by DVDCCA

The DVDCCA states in its brief at
<http://cryptome.org/dvd-v-521-opq.htm>:

"Defendant Pavlovich is a leader in the so-called "open source"
movement,
which is dedicated to the proposition that material, copyrighted or
not, should be made available over the Internet for free."

This claim is both incorrect and defamatory. The Open Source
Initiative, a 501(c)3 nonprofit organization that is the custodian of
of the Open Source Definition and widely recognized in the open source
community for its educational and advocacy work on behalf of the that
community, takes the strongest possible exception to it.

We in the open source movement respect copyright; in fact, we use
copyright law to underpin the licenses that define the social contract
of our community. The basis of Matthew Pavlovich's work, and of our
community's opposition to the DVDCCA lawsuit, lies in that social
contract; a belief, founded in both engineering pragmatics and ethical
conviction, in the *voluntary* sharing of program source code and the
*voluntary* renunciation of secrecy.

The core principles of open source are transparency, responsibility,
and autonomy. As open source developers, we expose our source code to
constant scrutiny by expert peers. We stand behind our work with
frequent releases and continuing inputs of service and intelligence.
And we support the rights of developers and artists to make their own
choices about the design and disposition of their creative work.

The results of this policy of openness can be seen in the enormous
public benefit that has come through the open-source movement's works:
the World Wide Web, the core software of the Internet itself, and the
Linux operating system.

While we advocate the full disclosure of code, and we support Matthew
Pavlovich's right to reverse-engineer proprietary technology in order
to permit Linux users to play DVDs that they legally own on machines
they legally own, we oppose piracy and reject as a prejudicial
falsehood the DVDCCA's attempts to tie the open source community to
copyright violation.

Issued by and for the Board of Directors of OSI
by Eric S. Raymond, President
28 August 2000

------------------------------------
Matthew Pavlovich's Motion to Quash for lack of jurisdiction:
http://www.eff.org/pub/Intellectual_property/Video/DVDCCA_case/2000080
2_pavlovich_quash_motion.html

DVD-CCA's Opposition to Pavlovich's Motion:
http://cryptome.org/dvd-v-521-opq.htm

EFF Archive for DVD-CCA Cal. trade secret case:
http://www.eff.org/IP/Video/DVDCCA_case/

EFF's DVD Archive:
http://www.eff.org/IP/Video/

Join EFF's mailing list for the latest news by receiving the regular
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