How Far Is MPAAs Grasp?
But the MPAA’s methods also raise questions. For example, its letter states a permanent injunction is issued against all postings of DeCSS, but that is not true, says the Berkman Center’s Seltzer. The injunction bars only the 2600 Web site from posting or linking, she says. “The fact that the MPAA is using the injunction in this manner is a non sequitur” and bets on the outcome that other courts will echo the New York decision, she says. The MPAA disagrees. The injunction directly applies only to Corley and 2600, but the law governs everyone, says Greg Goeckner, the MPAA’s deputy general counsel. Seltzer also believes the MPAA may be engaging in “scare tactics.” For example, it also demands that ISPs release the name and address of people who operate sites that it contends violate the injunction, along with related records. That makes some DeCSS fans worry that they’re next in line for prosecution. The MPAA can’t sue downloaders, Seltzer says. Until the DMCA takes effect in October, us
