[linux-elitists] Chris DiBona vs. Copyright Maximalists
Seth David Schoen
Tue Dec 28 11:16:41 PST 1999
Don Marti writes:
> Attention Linux elitists:
> The DVD encryption organization (what wizards, get me some
> boots so DVD crypto can make me shake in them) is suing a
> bunch of people who have distributed free software to play
> Chris DiBona is going to the courthouse to protest --
> but he's not going alone. Join the freedom lovers!
> Fight the power! Get Yet Another Fucking T-Shirt!
So, discussion on the SVLUG mailing list clarifies the situation somewhat; it
now seems to me that:
- The CCA has _not yet_ filed for this order.
- They will file for the order on Wednesday.
- There is no hearing on Wednesday, although there may be a hearing very soon
- They gave defendants advance notice of their intention to file for this
order on Wednesday, because they are filing ex parte (which in this context
means "with or without a response from the defendants", because they claim
that an emergency exists). California law requires an attempt to warn
defendants before filing motions for ex parte actions against them, so the
CCA attempted to give such notice (at the proverbial "last minute" -- it
had to be by 10:00a today).
- Although there is no hearing, defendants and other interested parties can
file appropriate motions with the court at various times. Defendants could
appear tomorrow to file oppositions to the CCA's motion (arguing, perhaps,
that a temporary restraining order should not be granted, that the CCA's case
does not have merit, that a TRO won't solve the problems the CCA identifies,
that the emergency described does not exist, that an ex parte proceeding is
not appropriate, that a TRO would harm the defendants, and that, if a TRO is
granted, it should be strictly limited in its duration and scope, and CCA
should have to post a bond against harm to defendants incurred as a result
of the TRO, for instance). If they wanted to do that, they should have a
lawyer write the thing, which makes scurrying _today_ to find a lawyer and
get the thing done. Of course, that lawyer might also say that opposing
the motion for a TRO is not the best strategy, in which case it shouldn't
- If you go to the courthouse and find the CCA rep, and identify yourself as
a defendant in the action, he or she is obliged to serve you with a copy
of the complaint (but would probably want your name, address, and telephone
I haven't been able to figure out yet when or how one can file an amicus
brief. I've always wanted to do that.
Seth David Schoen <email@example.com> | And do not say, I will study when I
Temp. http://www.loyalty.org/~schoen/ | have leisure; for perhaps you will
down: http://www.loyalty.org/ (CAF) | not have leisure. -- Pirke Avot 2:5
More information about the linux-elitists