DVDCCA v Bunner and DVDCCA v Pavlovich

The DVD Copy Control Association (DVD-CCA) sued dozens of unnamed individuals who live around the country and the world for publishing DeCSS, software code that decrypts the data on commercial DVDs. The DVD-CCA claimed that defendants misappropriated trade secrets when they published DeCSS.

This case follows two main paths, Bunner and Pavlovich, both of which went before the California Supreme Court. EFF was successful in defending both.

In Bunner, the DVD CCA summarily dismissed its claims after the California Supreme Court ruled that computer programs could be preliminarily restrained from publication only in very narrow circumstances. The California Court of Appeals ruled that those circumstances were not met in Mr. Bunner's case because the program was not a trade secret at the time it was published, but instead was widely available around the world.

In Pavlovich, the California Supreme Court ruled that Matthew Pavlovich, a Texas resident who published DeCSS on the Internet, could not be forced to stand trial in California. The landmark decision laid out clear jurisdiction rules for claims arising from publishing information on the Internet. DVD CCA's attempt to seek U.S. Supreme Court review of the decision was also rejected.

At issue: The First Amendment's protection for technically oriented speech. In Bunner, EFF established that trade secret legal claims cannot be used to censor publication of information that is already available around the world due to publication by others. In Pavlovich, EFF established that internet publishers cannot be forced to defend litigation in California when their publications have "general effects" in industries located in California but the publishers have no other contacts with the state.

EFF's role: Pay for costs, serve as co-counsel and coordinate the defense of this case.

Table of Contents:

Bunner

Press Releases

Preliminary Injunction

California Supreme Court

  • Bunner\'s Brief in Response to California Attorney General\'s Brief
  • Brief of Amici Curiae filed by the California Attorney General in support of DVD CCA (PDF 2MB)
  • Brief of Amici Curiae filed by Computer Professionals for Social Responsibility in support of Bunner (PDF)
  • Brief of Amici Curiae filed by the ACLU in support of Bunner (PDF)
  • Brief of Amici Curiae Microsoft et. al supporting DVD CCA (PDF)
  • Amicus Brief of Intellectual Property Owners Association supporting DVD CCA (PDF)
  • DVD CCA\'s Reply Brief to California Supreme Court in DVD-CCA v. Bunner
  • Bunner\'s Opposition Brief California Supreme Court answer to DVD-CCA v. Bunner
  • DVD Copy Control Association (DVDCCA) Opening Brief of the DVD-CCA to overturn the Appellate ruling that threw out the preliminary injunction against Andrew Bunner\'s posting of DeCSS in DVD-CCA v. Bunner et al., CA Supreme Court. (Mar. 28, 2002). (PDF version; pagination and line numbering preserved, as is the exact original appearance for the most part, but a copy-paste of the raw text will reveal OCR errors. 7MB.)
  • EFF/Andrew Bunner Reply to DVD-CCA Petition for Review to the CA Supreme Court, in DVD-CCA v. McLaughlin, Bunner, et al. (Dec. 24, 2001) (PDF)
  • The DVD Copy Control Association Petition for Review after Decision by the Court of Appeal, Sixth Appellate District
  • EFF/Matthew Pavlovich 2nd Petition to California Supreme Court for Review after decision of Court of Appeal (Sep. 14, 2001)
  • EFF/Matthew Pavlovich 2nd Petition to California Supreme Court for Review after decision of Court of Appeal (Sep. 14, 2001) (PDF)
  • Brief of Amici Curiae Intellectual Property Law Professors, The Computer & Communications Industry Association, and the United States Public Policy Committee of the Association for Computing Machinery Supporting Affirmance (PDF 111k)

California Appellate Court

    • Decision (PDF 130k - February 27, 2004)
    • Opposition to Motion to Dismiss (PDF 31k - February 18, 2004)
    • Dismissal (PDF 1M - January 21, 2004)
    • Bunner\'s Reply brief after Supreme Court review (PDF 115k - December 22, 2003)
    • Bunner\'s supplemental brief after Supreme Court review (PDF 143k - November 21, 2003
    • Nov. 1, 2001 CA appellate ruling overturning an injunction forcing Andrew Bunner and numerous other defendants to halt Internet publication, pending the outcome of the trial, of free software that allows people to play DVDs without platform & region restrictions imposed by movie studios. The state appeals court ruled that the lower court\'s injunction was a prior restraint against free expression protected by the First Amendment. (HTML | PDF)

California Superior Court

Main Case

California Superior Court

Nov. 28, 2001

  • EFF/Andrew Bunner Motion for Summary Judgment (and Memorandum in Support of Motion for Summary Judgement) in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)
  • EFF/Andrew Bunner Notice of Motion for Summary Judment in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)
  • EFF/Bunner Statement of Undisputed Facts in Support of Motion for Summary Judgement, in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)
  • Declaration of Andrew Bunner in Support of Motion for Summary Judgment, in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)
  • Declaration of Prof. Edward W. Felten in Support of Motion for Summary Judgment, in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)
  • Declaration of Gregory Kesden in Support of Motion for Summary Judgment, in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)
  • Declaration of Roland Parviainen in Support of Motion for Summary Judgment, in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)
  • Declaration of David S. Touretzky in Support of Motion for Summary Judgment, in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)
  • Declaration of Prof. David A. Wagner in Support of Motion for Summary Judgment, in DVD-CCA v. McLaughlin, Bunner, et al. (HTML | PDF)

Misc

Pavlovich

Press Releases

Jurisdiction

US Supreme Court

  • USSC Order Denying Stay (PDF 48k)
  • Declaration of Allonee E. Levy in Opposition to DVD CCA\'s Application for Stay of Judgement (PDF 15.2MB)
  • Application for Stay of Judgement Granted (PDF 30k)
  • DVD CCA Application for Stay of Judgement of the Supreme Court of California (PDF 4.3MB)

California Supreme Court

California Appeals Court

  • (Aug. 7, 2001) California Appellate Court ruling against Matthew Pavlovich, in Pavlovich v. Superior Court of Santa Clara County and DVD-CCA, (his appeal from DVD-CCA v. McLaughlin, et al.) Pavlovich attempted to remove himself from the case on jurisdictional grounds.
  • (Mar. 7, 2001) EFF/Matthew Pavlovich (2nd) Reply in Support of Petition for Writ of Mandate, to California Appeals Court, 6th Dist. (PDF)
  • (Sep. 21, 2000) EFF/Matthew Pavlovich Reply in Support of Petition for Writ of Mandate, to California Appeals Court, 6th Dist. (PDF)
  • (Sep. 11, 2000) EFF/Matthew Pavlovich Petition to California Appeals Court, 6th Dist., for Writ of Mandate to compel trial court to quash service of process (PDF)
  • (May 15, 2000) Andrew McLaughlin, Andrew Bunner, Matthew Pavlovich, et al., and EFF appeal the preliminary injunction as an unconstitutional prior restraint issued on very slim evidence.

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