By Declan McCullagh, 3 January 2003 09:50
NEWS The US Supreme Court has granted Hollywood studios and electronics makers a temporary victory by stepping into a long-running dispute over software that can be used to copy DVDs. Justice Sandra Day O'Connor last week placed a ruling by the California Supreme Court on hold, a decision that effectively enforces an injunction on those behind the illegal copying until the full court can consider the case. An organisation of movie studios and consumer-electronics makers filed the lawsuit in 1999 against scores of activists who posted the controversial DeCSS.exe utility. The DVD Copy Control Association's (DVDCCA) suit alleged violations of California's trade secret laws, and a state judge granted an injunction against the defendants. But the California Supreme Court, in a split 4-3 decision last November, ruled that defendant Matthew Pavlovich was a resident of Texas with no substantial contact with California who could not be sued in that state. Jeffrey Kessler, a partner at Weil, Gotshal and Manges who is representing the DVDCCA, said O'Connor's order "stays the injunction and keeps it in effect for Mr Pavlovich until the US Supreme Court can decide what it's going to do next." Kessler had asked the US Supreme Court to take up the case. Kessler said that if the Supreme Court rejects his arguments, DVDCCA would consider filing suit against Pavlovich in Texas. Declan McCullagh writes for News.com
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