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DVD Copy Control Ass'n, Inc. v. Bunner
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DVD Copy Control Ass'n, Inc. v. Bunner : ウィキペディア英語版
DVD Copy Control Ass'n, Inc. v. Bunner

''DVD Copy Control Association, Inc. v. Bunner'' was a lawsuit that was filed by the DVD Copy Control Association ("DVD CCA") in California, accusing Andrew Bunner and several others of misappropriation of trade secrets under California's implementation of the Uniform Trade Secrets Act. The case went through several rounds of appeals and was last heard and decided in February 2004 by the California Court of Appeal for the Sixth District.
DVD CCA's alleged trade secret was its "content scramble system" (CSS). The case was first heard in the Superior Court of California in Santa Clara County. The court initially found CSS to be a reasonably guarded trade secret and that its trade secret status should not be destroyed simply because it was posted on the Internet. The preliminary injunction was granted to the plaintiff on January 20, 2000. The defendants appealed to the California Court of Appeal, claiming that the lower court's decision unnecessarily restrained Bunner's First Amendment free speech rights. The Appellate Court agreed with Bunner, which led to a further appeal by DVD CCA to the Supreme Court of California. The Supreme Court of California held that although dissemination of computer code is protected free speech, the First Amendment does not prohibit courts from enjoining speech to protect a legitimate property right. It found that the preliminary injunction did not violate the free speech clauses and remanded for the Appellate Court to "make an independent examination of the entire record" to determine whether there was misappropriation of trade secret.
Finally, on February 27, 2004, the California Court of Appeal for the Sixth District concluded that the CSS technology had lost its trade secret status. Therefore, the preliminary injunction burdened more speech than necessary. The granting of the preliminary injunction was therefore reversed.
==Background==
DeCSS is a computer program capable of decrypting content on a DVD video disc, essentially circumventing CSS. It was originally written to enable Linux systems to play DVDs, and it uses encryption keys that were obtained by reverse engineering existing DVD players. It was posted on a website by Jon Johansen, one of the original authors, and both the source code and the binary image of the program spread quickly, in part due to an article by Slashdot. Andrew Bunner and many others became aware of this program and reposted a copies of DeCSS on the Internet.
After discovering these posts, DVD CCA sent notices to these websites and their service providers demanding the removal of the DeCSS program. The website owners and their service providers did not comply. DVD CCA filed suit against Bunner and others collectively, accusing them of misappropriation of trade secrets and seeking an injunction to prevent them from using or distributing DeCSS or from linking to other websites that disclosed DeCSS.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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