WASHINGTON — The Motion Picture Assn. of America on Tuesday struck the second blow in its effort to get a purveyor of the DeCSS utility to cease and desist.
The DeCSS program allows hackers to break the copy protection software included in DVDs. The movie studios are fighting distribution of the program since it could pave the way for pirates to make unlimited near-perfect copies.
In January, the MPAA won an injunction from a New York judge against Eric Corley (aka Emmanuel Goldstein) and his 2600 Enterprises and Web site (www.2600.com), prohibiting him from posting the DeCSS utility. In Wednesday’s filing with the U.S. District Court of the Southern District of New York, the association is seeking to “prohibit the defendants from hyperlinking to other Internet Web sites offering DeCSS.”
The MPAA said that while Corley has stopped posting DeCSS on his site, he “is continuing to violate federal law by creating hyperlinks to other unlawful (sites). Corley has exhorted visitors to his Web site to post the program as broadly as possible and to help him create hyperlinks to it. Thus, he is indirectly accomplishing what he has been enjoined from doing directly “trafficking in software that circumvents copy protection. To date, there are over 300 hyperlinks to the DeCSS utility on his Web site.”
Jack Valenti, MPAA president/CEO, said: “The defendant seems determined to evade the court’s order. He is transporting individuals electronically to locations in order to facilitate the illegal copying of DVDs. His behavior is analogous to driving someone to a home so that they may burglarize the home.”
MPAA spokesman Rich Taylor added: “It’s something that no one would stand for on terra firma, but they will in cyberspace. There’s this impression that if it’s happening on the Internet, it’s OK. It’s ethically and morally wrong.”
And Mark Litvack, the association’s VP and director of legal affairs, explained: “Since the court issued its preliminary injunction, defendant Corley has expanded his activities to encourage others to proliferate DeCSS. This motion is about modifying the court’s injunction to cover the hyperlinking activity in order to curtail efforts to evade the court’s prior order.”