[spectre] DVD-jon

[Kristin Bergaust]

The so-called crime of this Norwegian kid was published worldwide a =20
couple of years ago. Now the verdict is here. I am confident that the =20=

effort of people connected to Electronic Frontier Foundation has been =20=

very important. Norwegian media have constantly consulted Gisle =20
Hannemyr at <http://folk.uio.no/gisle/indexno.html>  to give a =20
background,  both at the outset of the criminal charge and now at the =20=

conclusion of the lawsuit.He has done a great job of informing people, =20=

as well as triggering interesting debates. The verdict is in Norwegian =20=

so far, but it seems to be very thorough and might have some impact on =20=

future international cases. I'll just post the message from eff.org.

Read and rejoice.
Or just lie back and enjoy it.
(If you think I am too positive about it, remember this is still the =20
festive occation. Reflection comes later)
greetings from Kristin

For Immediate Release: Tuesday, January 7, 2003

Norwegian Teenager Jon Johansen Acquitted in DVD Case

Legal to Descramble His DVDs on Linux Computer in Norway

Electronic Frontier Foundation Media Release

Oslo, Norway - A Norwegian criminal court today acquitted Jon =20
Johannsen, a Norwegian teenager who faced criminal charges for helping =20=

to write and publish a DVD descrambling program. Johansen used the =20
program called DeCSS to watch his own DVDs on his Linux computer.

After a request from the Motion Picture Association of America (MPAA), =20=

the Norwegian Economic Crime Unit (=D8KOKRIM) had charged Jon Johansen =20=

for unscrambling DVDs using DeCSS in 1999 when he was 15 years old.

"The Norwegian court has recognized that Jon has the right to take the =20=

steps necessary to view his own DVDs on his own computers," said =20
Electronic Frontier Foundation (EFF) Legal Director Cindy Cohn. =20
"Johansen's acquittal, along with that of Russian company Elcomsoft in =20=

the U.S. last month, will hopefully convince Hollywood to stop filing =20=

unfounded charges in cases where there is no copyright infringement."

EFF assisted Jon in locating Norwegian counsel and setting up a defense =20=

fund.

"The court has made a very solid legal and factual ruling," noted =20
Halvor Manshaus of the Norwegian law firm Schj=F8dt, who represented =20
Johansen in the case. "It helped tremendously that the lead judge was =20=

assisted by two expert judges who are computer specialists."

Johansen was charged with violating the Norwegian Criminal Code section =20=

145(2), which outlaws breaking into another person's locked property to =20=

gain access to data that no one is entitled to access.

Johansen's prosecution marks the first time the Norwegian government =20
has attempted to punish individuals for accessing their own property. =20=

Previously, the government used this law to prosecute only individuals =20=

who violated someone else's secure system, like a bank or telephone =20
company system, in order to obtain another person's records.

The three-member Oslo City Court unanimously ruled to acquit Johansen. =20=

The Norwegian prosecutors have said they will decide within two weeks =20=

whether to appeal the verdict.

Johansen's indictment came more than two years after the MPAA initially =20=

contacted =D8KOKRIM prosecutors to request a criminal investigation of =20=

the Norwegian teen and his father, Per Johansen, who owned the =20
equipment on which the DeCSS software was stored. The charges against =20=

Johansen's father were later dropped.

Links:

For this advisory:
http://www.eff.org/IP/Video/DeCSS_prosecutions/Johansen_DeCSS_case/=20
20030107_eff_pr.html

More on the Johansen case:
http://www.eff.org/IP/Video/DeCSS_prosecutions/Johansen_DeCSS_case/

Free Jon email list:
https://owl.eff.org/mailman/listinfo/free-jon

Information on related DVD CCA cases:
http://www.eff.org/IP/Video/DVDCCA_case/

About EFF:

The Electronic Frontier Foundation is the leading civil liberties =20
organization working to protect rights in the digital world. Founded in =20=

1990, EFF actively encourages and challenges industry and government to =20=

support free expression and privacy online. EFF is a member-supported =20=

organization and maintains one of the most linked-to websites in the =20
world at http://www.eff.org/

Contact:
Halvor Manshaus
Attorney
Advokatfirmaet Schj=F8dt AS
halvor.manshaus@schjodt.no
+47 22 018800

Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org
+1 415 436-9333 x108 (office)

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