| Universal City Studios, Inc. v. Corley | |
|---|---|
 | |
| Court | United States Court of Appeals for the Second Circuit |
| Full case name | Universal City Studios, Inc., Para-Mount Pictures Corporation, Metro-Goldwyn-Mayer Studios, Inc., Tristar Pictures, Inc., Columbia Pictures Industries, Inc., Time Warner Entertainment Co., L.P., Disney Enterprises, Inc. and Twentieth Century Fox Film Corporation, Plaintiffs, v. Shawn C. Reimerdes, Eric Corley a/k/a "Emmanuel Goldstein," Roman Kazan, and 2600 Enterprises, Inc., Defendants. |
| Argued | May 1, 2001 |
| Decided | November 28, 2001 |
| Citation | 273 F.3d 429 |
| Holding | |
| TheDigital Millennium Copyright Act prohibits the distribution of software that enables users to circumventcopyright protection mechanisms. | |
| Court membership | |
| Judges sitting | Jon O. Newman,José A. Cabranes,Alvin W. Thompson |
| Case opinions | |
| Majority | Jon O. Newman |
| Keywords | |
| Copyright law, anti-circumvention | |
Universal City Studios, Inc. v. Corley (originally known asUniversal City Studios, Inc. v. Reimerdes), 273 F.3d 429 (2nd Cir., 2001), was a court ruling at theUnited States Court of Appeals for the Second Circuit.[1] This ruling was the first circuit-level test of theanti-circumvention provisions of theDigital Millennium Copyright Act.
Eight plaintiffs, all movie studios, sought aninjunction against the distribution ofDeCSS, a program capable of decrypting video content that had been encrypted by theContent Scramble System, which was commonly used to protectDVDs from unauthorized copying. DeCSS was developed by Norwegian teenager Jon Johansen and released in October 1999 viaLiViD, a mailing list focused on producingprogramming tools andsoftware libraries relevant to DVD use on theLinux operating system. DeCSS was distributed by LiViD and other Internet communities without authorization from theDVD Copy Control Association, the trade organization responsible for DVD copy protection.[2]
In January 2000, the movie studios filed suit under the titleUniversal City Studios, Inc. v. Reimerdes at theUnited States District Court for the Southern District of New York.[3] The defendants wereEric Corley (publisher of2600: The Hacker Quarterly magazine, which copied the DeCSS code for its readers), Shawn Reimerdes (who had posted the code ondvd-copy.com, a personal website),[4] Roman Kazan (who ran an Internet hosting service that provided access to DeCSS),[5] and 2600 Enterprises, Inc.[6] The studios claimed that the defendants, by making DeCSS available, were trafficking in circumvention devices, an illegal act under theDigital Millennium Copyright Act (DMCA).[7] The studios sought aninjunction that would prohibit the distribution and use of the DeCSS program, as well asmonetary damages.[3]
At the beginning of the proceedings, the district court granted apreliminary injunction barring the defendants from posting the code for DeCSS.[8] The court felt this precaution was necessary given that the movie studios made a reasonable argument that widespread dissemination of DeCSS would cause irreparable harm to their interests.[9] Reimerdes and Kazan then entered intoconsent decrees with the plaintiffs and were subsequently dropped from the suit. Both were then barred from posting the DeCSS code or providing links to sites where the code could be found.[10]
Corley removed the DeCSS code from 2600.com after the preliminary injunction was issued, but did not reach a settlement of his own with the plaintiffs and remained a defendant in the suit. In what Corley termed an act of "electroniccivil disobedience," 2600.com continued to host links to other websites that themselves provided the source code for DeCSS.[11] Corley also moved for the court to overturn the Digital Millennium Copyright Act altogether as a violation of theFirst Amendment, because it restricted citizens from distributing and discussing programming code, which in turn is an item of expression.[12]
In August 2000, JudgeLewis A. Kaplan ruled in favor of the plaintiffs. Kaplan acknowledged the tension in the Digital Millennium Copyright Act between copyright holders and those who wish to use new technologies, but concluded that the language of the act provided relief for the plaintiffs against unauthorized copying of their copyrighted works.[3] In Kaplan's words, "For now, at least, Congress has resolved this clash in the DMCA and in plaintiffs' favor. Given the peculiar characteristics of computer programs for circumventing encryption and other access control measures, the DMCA as applied to posting and linking here does not contravene the First Amendment."[12]
Judge Kaplan also held that the Corley and 2600.com had violated the DMCA by continuing to post the code that ran afoul of the act'santi-circumvention provisions. Kaplan issued another injunction against Corley, prohibiting him from posting the DeCSS code or providing links to sites where the code could be found.[12]
Corley appealed this ruling to theU.S. Court of Appeals for the Second Circuit.
Corley's appeal at the Second Circuit, now under the nameUniversal City Studios, Inc. v. Corley because Shawn Reimerdes had been removed as a defendant, received numerousamicus curiae briefs from both the entertainment industry and supporters of Internet innovations.[13][14]
In November 2001, the Second Circuit upheld Kaplan's ruling at the lower court.[1] However, the circuit court found merit in Corley's view that computer programs are a form ofprotected speech regardless of whether they are insource code orobject code form, which commentators regarded as significant.[15] The circuit court opined that theDigital Millennium Copyright Act could be subjected tointermediate scrutiny as a partial restriction on free speech.[1] Citing the Supreme Court precedentHill v. Colorado,[16] the circuit court held that some laws can restrict speech for reasons that are "justified without reference to the content" if there are larger public benefits from the speech restrictions. Hence, due to the conflict with the DMCA in the present case, DeCSS was held to be a form of speech but it could be restricted due to its functionality (circumvention that is prohibited per the DMCA) and not its content.[15]
The circuit court also considered Corley'sfair use defense, as Corley argued that DeCSS allowed users to watch encrypted DVDs, which prior to that point had been impossible onLinux machines. The circuit court held that the specific facts of the present case were beyond the types of fair use that are permissible under the DMCA. According to the court, "the Appellants do not claim to be making fair use of any copyrighted materials, and nothing in the injunction prohibits them from making such fair use. They are barred from trafficking in a decryption code that enables unauthorized access to copyrighted materials."[1]
Both the district and circuit court rulings were controversial, and have been widely criticized byfree speech advocates such as theAmerican Civil Liberties Union and theElectronic Frontier Foundation, as well as theAmerican Library Association, the author ofThe Boondocks,[14] and others, due to upholding legal restrictions on expressive programming code. On the other hand, some media and content-owning organizations, such as theNational Football League andMajor League Baseball, supported the decisions.[13]
Corley initially planned to appeal the circuit court decision to theSupreme Court, but decided not to after consultation with his lawyers.[17] Despite the courts' rulings, the DeCSS code is still widely available on the Internet and has been used in many subsequent video ripping products.[18]