Archive for the ‘EFF’ Category

The Electronic Frontier Foundation (EFF) Weighs In On The HD-DVD Key Hysteria

May 2, 2007

Originally mentioned here, Digg users went nuts over some stories being deleted and user accounts being banned when a secret key was posted. The EFF has decided to throw in their 2cents.

Who can sue over the posting of the key? The DMCA entitles “anyone injured by a violation” to bring a civil lawsuit seeking damages (including statutory damages ranging between $200 and $2500 for each “offer”). In addition, if a person violates the DMCA “willfully and for purposes of commercial gain,” a federal prosecutor could bring criminal charges (with the famous exception of the Sklyarov case, however, criminal prosecutions have generally been limited to situations where the DMCA violation was also accompanied by evidence of commercial piracy).”

What about just linking to a place where the key is posted? The courts in the DeCSS case wrestled with the proper test to apply when someone links to a location where a circumvention tool can be found. Ultimately, the district court held that an injunction against linking could be issued after a final judgment if a the plaintiff could show, by clear and convincing evidence,

“that those responsible for the link (a) know at the relevant time that the offending material is on the linked-to site, (b) know that it is circumvention technology that may not lawfully be offered, and (c) create or maintain the link for the purpose of disseminating that technology.””

Full Story