Norway’s“DVD-Jon” Not Guilty
HollywoodDealt Another Blow in Battle to Ban Code

Oslo -- A three-judgepanel in Norway has found Jon Johansen not guilty for creating DeCSS, asoftware program that allows people to view their lawfully purchased DVDson players not controlled by Hollywood movie studios.

In January 2000attorneys for the Motion Picture Association filed a complaint in Norwayagainst Johansen requesting prosecution of the teen under a data theftlaw for accessing his own DVD using a computer not licensed by DVD-CCA. Johansen argued that since he purchased the DVDs, he should be allowedto view them on his own computer.

The Norwegian judgesunanimously rejected Hollywood’s claim that it has the right to controlthe way an individual views a DVD after purchase.  “The court findsthat someone who buys a DVD film that has been legally produced has legalaccess to the film,” the ruling said.

If convicted, Johansencould have faced two years in prison and Norway would have granted sweepingnew powers to Hollywood movie studios to control individuals use of theirown property.

“The Norwegianjudges’ ruling protects intellectual freedom by recognizing that once youbuy a DVD movie Hollywood no longer has a lawful right to control the wayyou can access that film,” said Robin Gross Executive Director of IP Justice,an organization that works to promote balance in intellectual propertylaw.  “Other countries should follow Norway’s lead and stand up toHollywood against the erosion of consumer rights to use intellectual property.”

This ruling marksthe latest defeat in Hollywood’s attempt to usurp greater control overwhat people can do with their digital media.  Last month, a jury inCalifornia found Russian software company Elcomsoft not guilty for creatinga program that helps people view Adobe eBooks on systems not controlledby publishers.  Elcomsoft employee Dmitry Sklyarov had initially beenarrested and faced 25-years in prison for writing the software that helpspeople read eBooks.  The San Jose jury foreman explained that thejury was uncomfortable with the level of total control the publishers soughtto enforce over the use of Ebooks.

On Nov. 25, 2002the California Supreme Court ruled that California does not have jurisdictionover non-resident Matthew Pavlovich, for an out of state publication ofDeCSS.  Pavlovich is the leader of the LiVID group, an open sourcesoftware development team working to build a DVD player for the Linux operatingsystem.
 

MoreInformation:
IP Justice’s Website: http://www.ipjustice.org
Jon Johansen'spage: http://www.nanocrew.net/
Electronic FrontierFoundation: http://www.eff.org/IP/Video/DeCSS_prosecutions/Johansen_DeCSS_case/
Electronic FrontierNorway:  http://www.efn.no/
Jon Johansen'sdefense fund:  http://www.eff.org/support/jonfund.html
OKOKRIM: http://www.okokrim.no/