DVD COPY CONTROL ASS'N INC. v. BUNNER, H021153
Preliminary injunction under California's Uniform Trade Secrets Act is reversed. Plaintiff presented no evidence as to when defendant first posted the computer program "DeCSS," and no evidence that the technology therein was still a secret at that time; evidence shows that by the time plaintiff sought the injunction, DeCSS had been so widely distributed that the technology may have lost its trade secret status.
- Decided 02/27/2004
- Published 02/27/2004
- California Court of Appeal
- For Appellees:
- Richard R. Wiebe, San Francisco; Hopkins & Carley, Arthur V. Plank, Allonn E. Levy, San Jose; First Amendment Project, James R. Wheaton, David A. Greene; Tomlinson Zisko Morosoli & Maser, Thomas E. Moore, III, Palo Alto; Electronic Frontier Foundation, San Francisco, Cindy A. Cohn, for Defendant-Appellant., Weil, Gotshal & Manges, Redwood Shores, Jared B. Bobrow, Redwood Shores, Christopher J. Cox, Kimberly A. Schmitt, Redwood Shores, Robert G. Sugarman, New York, N.Y., Gregory S. Coleman, Houston, TX, Beth L. Lemberger, New York, for Plaintiffs-Respondents.