Court dismisses free-speech lawsuit

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
A New Jersey judge on Wednesday threw out a lawsuit brought against the music industry, saying that threatened legal action didn't keep a computer-science professor from publishing research on anti-copying technology. The judge dismissed charges brought by Princeton University professor Edward Felten, who said legal threats stopped him from publishing a paper outlining the weaknesses in the industry's technologies for protecting digital music. Felten had sued the Recording Industry Association of America, which represents major music labels, because the association sent him a letter threatening legal action if he published his research. "The court has put the scientists in a position where they have to beg Hollywood to publish their research," said Robin Gross, staff attorney for intellectual property at the Electronic Frontier Foundation, which represented Felten. "It puts the researchers at risk." Both the Justice Department and the RIAA asked the court to dismiss the case. Judge Garrett Brown of the Federal District Court in Trenton, N.J., agreed Wednesday. Felten's suit requested permission for the Princeton researcher to publish his findings and asked that certain parts of the controversial Digital Millennium Copyright Act (DMCA) be overturned. The DMCA, passed in 1998, prohibits the circumvention of copy protection and the distribution of devices that can be used to bypass copyrights -- even if their users don't do anything illegal once they've broken the security. Software makers, Hollywood and the music industry make up the core proponents of the law. The judge's ruling has not yet been made available. However, in its motion filed on behalf of the DMCA, the Justice Department said that Felten's concern over being prosecuted under the law has not stopped him from publishing. "Whatever concerns (Felten and others) actually harbor, it appears that they have not forgone a single publication of any material as a result of those concerns, and they do not allege that they will actually forgo any conduct in the future," the DOJ wrote in its motion. "In short, plaintiffs' speech has not been chilled." In a statement issued on Wednesday, Cary Sherman, senior executive vice president and general counsel for the RIAA, praised the decision. "We are happy that the court recognised what we have been saying all along: There is no dispute here," he said. "As we have said time and again, professor Felten is free to publish his findings." The EFF's Gross says the organisation will "most likely" appeal the case. See the MP3 News Section for the latest on everything from MP3 players to Napster and the other music swapping services. Have your say instantly, and see what others have said. Click on the TalkBack button and go to the Napster Debate. Let the editors know what you think in the Mailroom. And read other letters.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 hours ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

4 hours ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

4 hours ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

6 hours ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

6 hours ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint
bdantas

Excellent article. One small correction, though--although a fresh installation of Linux Mint 12 will, indeed, provide the user with a version of...

7 hours ago by bdantas on A tale of two distros: Ubuntu and Linux Mint
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

8 hours ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

8 hours ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Moley

For Gnome 2 die-hards, it is possible to add icons to the bottom panel (or top top panel, if you prefer) which provide the exact Gnome 2...

8 hours ago by Moley on A tale of two distros: Ubuntu and Linux Mint
ramwellian

Your comments would seem pretty naive and immature. Your 'solution' appears to be, "gee, let's all just give in to the hackers and give them...

9 hours ago by ramwellian on Cloud computing security: no more oxymoron?
BugStalker

"Interesting thought ... If you installed Win7 as a dual boot on a machine that previously only had Linux, and it wrecked your Linux installation,...

9 hours ago by BugStalker on Windows 7 Declares War on GRUB
whs001

This is an excellent summary of Ubuntu and Mint and the interface differences between them. Most such articles take a very partisan position for...

9 hours ago by whs001 on A tale of two distros: Ubuntu and Linux Mint
Moley

@ewallace. Not so clear. Anyone can obtain the text, for example from here http://www.ustr.gov/webfm_send/2379. I support ACTA so long as it and...

9 hours ago by Moley on ACTA: Facts, misconceptions and questions
45283

I think WinRT is fantastic. I just wish it was an option for people that didn't want to go through Microsoft's App Store with its attendant...

12 hours ago by 45283 on Why Windows 8 needs architectural hygiene for WOA
Burn-IT

Nine people? £30m? Who's back pocket is that lot going in? And IF they say it is for new buildings, what about all the ones the government has...

14 hours ago by Burn-IT on Police set to launch three £30m e-crime hubs
ewallace

Just to be clear, nobody knows what is in the text of ACTA, here is a photograph of the text of ACTA http://twitpic.com/8h9iju as submitted to the...

14 hours ago by ewallace on ACTA: Facts, misconceptions and questions
fgvrg56

Unfortunately main issue is that ASUS is refusing to accept that they make some mistake on this version of asus Transformer prime. 1 - GPS sensor...

15 hours ago by fgvrg56 on Asus Eee Pad Transformer Prime Wi-Fi & GPS problems?
Ben Woods

@Marcus A fair question. Just talked with Archos which said it was working on an announcement for next week....

16 hours ago by Ben Woods on Archos confirms G9 Ice Cream Sandwich update schedule
Marcus Karlsson

Any update on this, considering the claimed "first week of February"?

17 hours ago by Marcus Karlsson via Facebook on Archos confirms G9 Ice Cream Sandwich update schedule
apexwm

Bill Goodrich : Just as al_langevin pointed out, with Windows Server 2008 there is no Services for Macintosh anymore. It's gone, not available....

1 day ago by apexwm on Windows Server 2008 drops the ball for Mac compatibility