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Acquitted DVD-Jon Seeks Compensation
posted by mpawlo on Thursday January 29, @02:28AM
from the johansen dept.
Copyright Jon Lech Johansen became famous when the Norweigan Okokrim prosectued him. Jon Johansen was prosecuted by the Norwegian Economic Crime Unit (OKOKRIM) under Norwegian Criminal Code 145(2). Johansen took some part in the creation of the DeCSS software that can enable DVD playback on Linux. It was argued that the DeCSS software is a piracy tool. The Norweigan "Byrett" (district court) tried the Jon Johansen DVD case on December 9, 2002. The trial was supposed to take place the summer of 2002, but the court decided to postpone the trial to find a technology savvy judge. The case was tried by one judge and a panel of two lay assessors. Johansen was acquitted in January 2003 and the acquitted was upheld on appeal in December 2003. Now, according to Silicon.com, Johansen is seeking compensation from the Norweigan government.

However, Norway is adjust its copyright law into something not very different from the DMCA. Norway is not a member of the EU, but it is a member of the EEA and must therefore adjust its copyright law to the European Copyright Directive (Infosoc directive). The draft legislation is available online. Hence, DVD-Jon might face another fate, should he choose to relive his stunt.

Read more in Silicon.com.

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    Acquitted DVD-Jon Seeks Compensation | Login/Create an Account | Top | 3 comments | Search Discussion
    Threshold:
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Circumvention for playback (Score:0)
    by Anonymous Coward on Thursday January 29, @08:46AM (#1457)
    The proposed legislation allows circumvention for playback. I repeat: The proposed legislation allows circumvention for playback.

    Hence, DVD-Jon might face the same fate, should he choose to relive his stunt.
    Re:Circumvention for playback (Score:0)
    by Anonymous Coward on Thursday January 29, @12:46PM (#1458)
    The proposed legislation allows circumvention for playback. (To be pedantic, it would be more correct to say that according to the definition of TPMs in the proposed law, private display is not circumvention) But DeCSS is not a playback tool. Oh, it can be used for playback - but its primary function is to make a copy of the contents of a DVD video.
    Jon Johansen and DeCSS (Score:2)
    by Seth Finkelstein ({sethf} {at} {sethf.com}) on Thursday January 29, @03:27PM (#1459)
    User #31 Info | http://sethf.com/
    I've covered this on my Infothought blog [sethf.com] in an entry concerning Jon Johansen and DeCSS [sethf.com]

    For people interested in background on DeCSS, the best account of the origin of DeCSS is in Jon Johansen's trial testimony [eff.org]

    (I feel for that anonymous German programmer)

    Q. Who wrote DeCSS?
    A. I and two other people wrote DeCSS.
    ...
    Q. Mr. Johansen, what did you do next towards making DeCSS?
    A. We agreed that the person who I met would reverse engineer a DVD player in order to obtain the CSS algorithm and keys.
    Q. Who was this person that you met on the Internet?
    A. A person from Germany. I don't know his identity.
    Q. Okay. What happened next?
    A. About three days later when I was on line again, he messaged me and told me that he had found the CSS algorithm. He also sent the algorithm to me with the CSS authentication source which are written by Eric [ed: this is a mishearing of Derek] Fawcus earlier. He also sent me information on where inside the player he had found the algorithm, and he also sent me a single player key.
    Q. Thank you very much. Now, you testified on direct that a German person, I think, had reverse-engineered the Xing DVD player, is that correct?
    A. Yes, that is correct.
    Q. And that person goes by the nick Ham?
    A. Yes, that's correct.
    Q. And it's Ham who wrote the source code that performed the authentication function in DeCSS, is that correct?
    A. No, that is not correct. He did not write the authentication code. He wrote the decryption code.
    Q. He wrote the encryption code?
    A. Decryption code.
    Q. Decryption.
    A. Yes.
    Q. Ham is a member of Masters of Reverse Engineering or MORE?
    A. That's correct.
    Q. And are you also a member of MORE?
    A. Yes.
    Q. There are other members in Germany and Holland, is that correct?
    A. Well, the third member is in the Netherlands.
    Q. And it was Ham's reverse engineering of the Xing DVD player that revealed the CSS encryption algorithm, am I right?
    A. Yes, that's correct.
    Q. Reverse engineering by Ham took place in or about September 1999?
    A. Yes, I believe it was late in September of 1999.
    Q. And you testified that it was this revelation of the CSS encryption algorithm and not any weakness in the CSS cipher that allowed MORE to create DeCSS, is that correct?
    A. Yes, that's correct.
    Q. You obtained the decryption portions of the DeCSS source code from Ham, correct?
    A. Yes, that's correct.
    Q. You then compiled the source code and created the executable?
    A. Well, in the form I received it, it was not compatible.

    -- Seth Finkelstein [sethf.com]

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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