DVD Code Injunction Overturned

SANTA CLARA -- A California appellate court last week overturned a trade secrets injunction barring a Web site operator from posting source code for a DVD decryption program.

The 6th District Court of Appeal, for a second time, ruled in favor of San Francisco computer programmer Andrew Bunner in his dispute with the DVD Copy Control Association.

DVD CC, controlled by Hollywood studios, is the exclusive licensor for the content scrambling system that protects content of DVDs from unauthorized use.

In 2001, the court said the injunction sought by DVD CC violated the First Amendment as a prior restraint on speech. The California Supreme Court reversed that case and sent it back to the lower court to decide whether the injunction was consistent with the Uniform Trade Secrets Act.

But the appeal court said the injunction did not pass the legal test under the UTSA because the code was no longer secret by the time Bunner posted it, and was even more widely known by the time the injunction was issued.

The DVD CCA said the release of the code by Bunner and others enabled users to replicate thousands of copyright-protected movies daily.

Known as DeCSS, the code was originally cracked by teenager Jon Johansen, who was acquitted in his native country of Norway of charges he pilfered trade secrets.

By the time the court heard DVD CCA’s request for a restraining order, the encrypted code had been displayed on or linked to hundreds of Web pages in 12 countries.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Kasey Kei Stars in Latest From GenderX

Kasey Kei stars with Jade Radd and Sage Roux in the fourth installment from the new GenderX title, "Trans Honey Trap #5."

Brittney Kade, Jessica Ryan Front New Transfixed Release

Brittney Kade and Jessica Ryan star with and Sage Roux in the latest release from Transfixed, titled "Menage a Trans #10."

Andi Avalon, Koda Monroe Lead New Threesome From Brazzers

Andi Avalon and Koda Monroe star with Victor Ray in the latest release from Brazzers, titled "MILF Meter Blast-Off.”

Yhivi Stars in Latest From Brazzers

Yhivi stars with Brazzers exclusive Girthmasterr in the studio's latest release, titled "Wild Nights."

Milena Ray Leads Dorcel's 'PL4Y #3'

Milena Ray headlines the latest release from Dorcel, titled “PL4Y #3.”

Ivy Ireland Toplines Vince Karter's 'Karter Kreation 2'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Karter Kreation 2.”

Leana Lovings Returns to Hentaied

Leana Lovings stars in the latest Hentaied scene, titled “Containment Breach.”

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

Show More