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DeCSS: Jon Johansen Retrial Begins

CmdrTaco posted more than 10 years ago | from the this-will-never-end dept.

The Courts 559

JPMH writes "Jon Johansen is back on trial for DeCSS. Despite the acquittal back in January, the Norwegian Economic Crime Unit (OKOKRIM) is allowed to bring his case back before an enlarged panel of judges. The retrial begins today."

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559 comments

Pay the piper. (-1, Flamebait)

grub (11606) | more than 10 years ago | (#7608829)


If it weren't for Jon Johansen, then I wouldn't have hundreds of DVD rips at home. For shame for making this all possible, Jon. Rot in a cell!

Re:Pay the piper. (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7608850)

You are gay

Re:Pay the piper. (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#7608890)

No...I'm transsexual.

Sex is between the legs. Gender is between the ears.

Re:Pay the piper. (5, Informative)

KrispyKringle (672903) | more than 10 years ago | (#7608893)

Right. And I wouldn't be able to watch DVD's I have legally purchased, on a machine I legally own, on a DVD-ROM which came with a royalty-paid, licensed version of a CSS descrambler, without running an operating system which I don't like but for which I have a fully paid, legal license to.

In other words, nobody is hurt, financially, by me using Linux and DeCSS instead of Windows and WinDVD. I've paid all my licenses, including my Microsoft tax (actually, I got a free license from a site-license, but somebody paid it, which is really all that matters).

I'm thinking you were trolling, but I wanted to bring this up anyway.

Re:Pay the piper. (1, Insightful)

real_smiff (611054) | more than 10 years ago | (#7608957)

no offense, but i doubt the suits care - you represent such a very tiny % of the market for their products.

Re:Pay the piper. (1, Informative)

Anonymous Coward | more than 10 years ago | (#7608991)

Good for you, but Linux wasn't the first things on the minds of Johansen and his warez buddies. They had a GUI Ripper out for Windows before the code was even running on Linux.

Also, Johansen didn't really "crack" CSS, he only found a private key that some vendor had stupidly included in their software. All modern ripping software uses a real crack that was developed at MIT, I think. DVD CSS would have broken soon or later without Johansen - it was known to be a weak implementation even in hollywood.

Re:Pay the piper. (5, Insightful)

PowerBert (265553) | more than 10 years ago | (#7608898)

If it wasn't for Jon, I wouldn't have 60+ DVDs at home and the movie industry wouldn't have 900 of my hard earned cash.

I don't have a DVD player, I dont run windows. If it wasn't for Jon and the fine guys at Ogle, Mplayer, Xine, etc I wouldn't buy DVDs.

The movie industry needs locking up in a cell with a 7 foot guy called Buba wearing a dress. Pricks!

Re:Pay the piper. (0)

paranerd (672669) | more than 10 years ago | (#7608979)

Yes! If I was a current moderator I'd 've given you all 5 of my points. Well said. But I think you need to reserve a spot in that cell for the Congress too.

Re:Pay the piper. (0)

Anonymous Coward | more than 10 years ago | (#7609030)

If it weren't for Jon Johansen, then I wouldn't have hundreds of DVD rips at home. For shame for making this all possible, Jon. Rot in a cell!

Would somebody PLEASE whack that moderator upside the head with a clue-by-four? That comment is just dripping with sarcasm, but NOOOOO you couldn't see it! +1 Funny baby!

Most worrying bit:: (5, Interesting)

rhs98 (513802) | more than 10 years ago | (#7608840)

Most worrying bit: "If Johansen's acquittal is over-turned on appeal, it will become illegal for Norwegians to bypass DVD region code restrictions or technical restrictions that prevent fast-forwarding over advertisements, or otherwise circumvent digital controls on their own property," said IP Justice Executive Director Robin Gross.

This is really not good for peoples civil liberties at all - it sucks! This will mean lots of people will get sued potenially.

Re:Most worrying bit:: (5, Interesting)

zerocool^ (112121) | more than 10 years ago | (#7608925)

Yeah, whether people want to acknowledge it or not, the larger issue for the Norwegian people is:

If you purchase something, and you own it, can the company who created it, but who no longer owns it, put restrictions on the manner in which it can be used?

For my most chafing U.S. example, it is illegal to copy and distribute a movie. But, legally, do you *have* to watch the FBI warning at the beginning of the movie?
If you ask me, there should be no point in a DVD at which you cannot skip ahead, fast forward, or hit menu to get out of the current section of the disc.

~Wx

Re:Most worrying bit:: (1, Interesting)

The One KEA (707661) | more than 10 years ago | (#7608941)

Oh my $DEITY..... they're trying to make fast-forwarding past advertisements illegal?!?

I hope someone with a brain throws this out the moment it reaches that point. This whole thing is a crock -- it's being done only to suppress fair use rights and the like. It's just like the SCO suit -- they're trying to geta nice big wave of FUD going, and I'm sure that they know it.

What's next -- a SCO-style marathon of going after blue-haired grannies who want to watch DVDs on their Linux-based PVR system set up by their loving children?

Re:Most worrying bit:: (4, Interesting)

kaworu-sama (608217) | more than 10 years ago | (#7609025)

By simply playing a DVD in a no-region player, aren't you bypassing that? Couldn't people who use those players be sued as well as the people who made them? One could even use PowerDVD and chance the region code on their computer DVD player to "bypass", in a way, region checking. Why not sue Cyberlink?

Re:Most worrying bit:: (5, Interesting)

Zocalo (252965) | more than 10 years ago | (#7609026)

I couldn't agree more. Unfortunately in a move that I can only class as idiocy he's just released details on breaking Apple's iTunes admittedly rather weak DRM system. It's almost a given that the defense lawyers that were doing the high-fives as they realised they could use this a proof of Johansen's blatant disregard for copyright. I mean, seriously, would it *really* have hurt to have waited another couple of weeks to see how things went in the retrial?

I wish him luck in the trial, and boy do I think he's going to need it now.

true but... (1)

lordholm (649770) | more than 10 years ago | (#7609061)

... but the other way around would basically be true as well. If Jon is acquitted "the crime" he committed will be fully LEGAL in Norway.

Sorry for the grammar... :)

OKOKRIM (5, Funny)

FunWithHeadlines (644929) | more than 10 years ago | (#7608841)

What does OKOKRIM stand for? Apparently it means:

"OK, OK, Retry Immediately, Man!"

ecocrime (4, Informative)

eddy (18759) | more than 10 years ago | (#7608900)

Losely, it's "Oko" for 'eco' (economical) and "krim" for 'crime'.

I think. I'm not Norsk.

Re:ecocrime (2, Informative)

Anonymous Coward | more than 10 years ago | (#7608987)

You're not norwegian? If so, excellent guess.

It's actually spelled with an oe, but foreign characters are filtered in the slashcode. The letter 'oe' looks like an O with a slash through.

For those who may be interested: here's [okokrim.no] Okokrim's site.

Re:OKOKRIM (4, Informative)

hoegh (306704) | more than 10 years ago | (#7608926)

With the risk of spoiling a joke:

OKOKRIM sound to me like a abbreviation of "Okonomisk Kriminalitet" (the first letter should be an "Oslash") which lead me to suspect that it is the prosecutor for economic criminality.

Re:OKOKRIM (1)

elrond1999 (88166) | more than 10 years ago | (#7609036)

It isn't OKOKRIM, its OEKOKRIM. The first O has a slash and translated to Slashdot nazi char set that is OE. OEKOKRIM translates to Economic Crime. They usualy investigate frauds, inside trading and aparently DVD copying..

What is this about ? (2, Insightful)

mirko (198274) | more than 10 years ago | (#7608845)

So, let me get this straight : a guy does something that raises suspicion and gets a trial.
He's found innocent.
So, he's being tried again... and again ?
Why don't they directly send him to the electric chair ?
After all : they won't stop until he's found guilty, will they ?

Re:What is this about ? (4, Informative)

Kierthos (225954) | more than 10 years ago | (#7608872)

You know, if you RTFA, you'd see, in the second paragraph, the following:


In January 2003, a three-judge panel in Oslo rejected charges brought by the Norwegian Economic Crime Unit (OKOKRIM) against Johansen for accessing his DVD movies using an independently created DVD player. OKOKRIM appealed the loss and Johansen's retrial is scheduled to begin on December 2, 2003 in Oslo and end December 11, 2003. Since Johansen's case is one of first impression, it is not unusual for the case to be retried on an appeal in Norway.


Kierthos

Re:What is this about ? (-1, Flamebait)

0123456 (636235) | more than 10 years ago | (#7608901)

I'm not a lawyer, but I believe you'll find that in free countries a defendant can appeal a conviction, but a prosecutor can't appeal an acuittal, precisely in order to prevent government abuse by perpetual retrials.

Shame he chose to write DeCSS in Europe instead.

Re:What is this about ? (1)

dabadab (126782) | more than 10 years ago | (#7608982)

Why should it be that a prosecutor could not appeal? There's a multi-level system because it is acknowledged that mistakes may be made. And it really does not matter to me if that error means that someone is found guilty when he is innocent or that a murderer is let go - that error must be corrected by bringing the case to a higher level court.

Re:What is this about ? (4, Insightful)

0123456 (636235) | more than 10 years ago | (#7609016)

"Why should it be that a prosecutor could not appeal?"

Because there have been numerous cases in history of people being harassed by governments until they went bankrupt or were finally found guilty on a bogus charge. If the government doesn't have the evidence to convict, then it shouldn't be bringing a case... and if that evidence doesn't convict the jury, then they have no grounds for trying a second time.

That you can even consider this a good thing for one second is a clear example of why Europe and the Anglo nations (all of which, I believe, ban such retrials) will never get along. We've never trusted our governments, and for good reason.

Re:What is this about ? (1)

mczak (575986) | more than 10 years ago | (#7608997)

This hasn't much to do with "free countries". It's a difference in jurisdiction, sure, but what's wrong with it? "Government abuse" isn't really possible, as the number of "retrials" is very limited (the case goes to a higher level court each time).

Re:What is this about ? (2, Insightful)

0123456 (636235) | more than 10 years ago | (#7609060)

""Government abuse" isn't really possible"

A second trial for someone who's been acquitted is _already_ abuse. No free country would allow such a thing, nor consider that the people who make up their government should for one moment be considered trustworthy to have that power: any power given to them will be abused sooner or later, as it is here.

Again, that's the difference between Anglo nations and European nations: we'll take the chance of someone being acquitted improperly before we'll trust the government not to abuse their powers, Europeans trust their governments not to abuse their powers more than someone being acquitted improperly. Oddly enough, the worst government abuses by far in the developed world have happened in... mainland European countries where they trust the governments not to abuse their powers.

Re:What is this about ? (0)

Anonymous Coward | more than 10 years ago | (#7608882)

The "retrial" is actually the first instance of appeal. Both parties to the case are eligible to appeal. The prosecution has done so.

The law's pretty clear: Jon will win this time, too.

Norwegian courts (5, Informative)

Lucky_Norseman (682487) | more than 10 years ago | (#7608902)

Norway has a two-phase court system.

If either party disagree with the verdict at the lower court they can appeal and get a new trial with more judges (and depending on the type of crime, either a jury or a panel of judges)

Re:Norwegian courts (1)

AnonymousNoMore (721510) | more than 10 years ago | (#7608973)

It seems that this system would favor the party with the most resources, those who could afford to appeal indefinitely can until they win or run out of higher venues to seek.

Re:Norwegian courts (1)

dabadab (126782) | more than 10 years ago | (#7609038)

"could afford to appeal indefinitely"

I guess you missed the part about "two-phase".
That means that it can be appealed ONCE. Not more, ONCE.

Three-phase, not two-phase (0)

Anonymous Coward | more than 10 years ago | (#7608989)

The current trial is in Lagmannsretten. If Okokrim looses again (or if they win) either party may appeal to Hoyesterett (Norwegian supreme court) - they may or may not take the case.

Re:Norwegian courts (-1, Flamebait)

Zonekeeper (458060) | more than 10 years ago | (#7609001)

So...their court system is stupid. That took less words to say the same thing.

Re:Norwegian courts (0)

Anonymous Coward | more than 10 years ago | (#7609042)

Oh yeah much like the court system in any other modern country like the US, and Canada where you can have an appeal. From what I understood from the parent this is what's happening here.

They didn't like the verdict so they appealed. Either party can then appeal the result of this trial and the "supreme court" of Norway can chose to hear (or not).

Re:What is this about ? (1, Informative)

Anonymous Coward | more than 10 years ago | (#7608933)

Just because someone faces trial a second time does not automatically warrant a "double jeapordy" scream.

This is Norway we're talking about, where there is no US Constitution preventing double jeapordy.

The parent post is nothing but troll-bait.

Re:What is this about ? (1)

hoegh (306704) | more than 10 years ago | (#7608990)

It is called an appeal. That means that the case is found to be of sufficient general interest to be retried at a higher level. As there are a finite number of levels with which to appeal the process will terminate at some point.

It is a very handy construct found in many legal system around the world.

hmm (-1, Insightful)

obsequious23 (702321) | more than 10 years ago | (#7608852)

I'll be curious to see what comes of this case.

Re:hmm (0)

Anonymous Coward | more than 10 years ago | (#7608907)

Why oh why did you post that juicy little tidbit of nothingness? What value did that comment add to the discussion?

Re:hmm (-1)

Anonymous Coward | more than 10 years ago | (#7608953)

And more to the point, why did some fucktard mod this insightful?

Re:hmm (0)

Anonymous Coward | more than 10 years ago | (#7608995)

The real question is why isn't YOUR post modded higher?
After all, IT IS insightful, compared to the original dumbass question "I'm curious how this will turn out", which wasn't.

WORD (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#7608855)

To my nigz in tha hood this mornin' be down with the bros and smack tha hoes.

now it's time for (1, Funny)

Anonymous Coward | more than 10 years ago | (#7608858)

double jeopardy, where the scores are double

What's he on trial for? Was he using Ninnle? (0)

Anonymous Coward | more than 10 years ago | (#7608861)

If he was then he'll get off.

Norweigan Economic Crime Unit? (-1, Flamebait)

Tebriel (192168) | more than 10 years ago | (#7608862)

Since when does Norway have enough economy to need a crime unit for it? I thought all they had were fjords!

Re:Norweigan Economic Crime Unit? (0)

Anonymous Coward | more than 10 years ago | (#7608895)

It's also the worlds 3. largest oil exporter. These days thats quite lucrative.

Re:Norweigan Economic Crime Unit? (0)

Anonymous Coward | more than 10 years ago | (#7608904)

They have oil...

Re:Norweigan Economic Crime Unit? (4, Informative)

Theatetus (521747) | more than 10 years ago | (#7608940)

Not to feed the troll, but according to this [cia.gov], Norway has a per capita GDP of $31,800, a Gini index of .26, and $68 billion in exports vs. $37 billion in imports. Not too shabby for a bunch of fjord-huggers -- and they're Gini index sure kicks the US's ass (we're at something like .43)

Gee, (2, Insightful)

Anonymous Coward | more than 10 years ago | (#7608870)

I didn't know that Hollywood, USA had the legal authority to put Norweigans thru a retrial after an acquittal. What next, will Jon be tried as a terrorist?

Re:Gee, (1)

0123456 (636235) | more than 10 years ago | (#7608971)

An organisation as important as the MPAA can do anything. After all, the entire global economy would just collapse if people could pirate bad movies, therefore it's vital that every nation should surrender to the might of the MPAA.

It's Norweigan Law (5, Interesting)

harriet nyborg (656409) | more than 10 years ago | (#7608996)

The charges OKOKRIM filed against Johansen were brought under the Norwegian criminal code section 145.2, which outlaws bypassing technological restrictions to access data that one is not entitled to access. Johansen's prosecution is the first time that this law has been used to prosecute a person for accessing his own property.

this is misleading.

according to the complaint [ipjustice.org] filed against him he was charged with vilolating section 145.2 of the Norweigan criminal statute "which outlaws bypassing technological restrictions to access data that one is not entitled to access."

according to the criminal complaint he was charged with accessing the master key, the master key list, as well as the contents of a protected disk.

the question is whether the master key, and the master key list, which are intentionally encrypted, can be considered as data he is not "entitled to access."

to say he is being prosecuted for "accessing his own property" is simply shrill hyperbole.

despite the confidence expressed by his lawyer, his case is not so clear cut.

Ok, that really sucks (-1, Interesting)

AKAImBatman (238306) | more than 10 years ago | (#7608879)

Most civilized countries have protection against double-jeopardy. The fact that Norway does not have protection, reflects badly on their legal system.

Re:Ok, that really sucks (0)

Anonymous Coward | more than 10 years ago | (#7608909)


It's called an appeal process.

The prosecution is appealing, and this is the first retrial.

Jeez....

Re:Ok, that really sucks (1, Insightful)

0123456 (636235) | more than 10 years ago | (#7608944)

Again, civilized countries don't let the government appeal an acquittal, which is precisely what's happening here.

Re:Ok, that really sucks (4, Informative)

AKAImBatman (238306) | more than 10 years ago | (#7608950)

Appeals are still double-jeopardy. In the U.S., the prosecution cannot appeal an innocent verdict, while the defense can appeal a guilty verdict as long as they can show sufficient grounds. This is to protect citizens against the possibility of being harassed until they go bankrupt or are found guilty.

This appeal is a perfect reason why "no double-jeopardy" laws exist.

Re:Ok, that really sucks (1)

guccipigg (715756) | more than 10 years ago | (#7609040)

but then again - if he's found innocent once more, the OKOKRIM will most likely be sentenced to pay his legal fees, so 'bankruptcy' is not applicable here..

Re:Ok, that really sucks (3, Informative)

Anonymous Coward | more than 10 years ago | (#7609051)

There is no reason to prevent the government from retrying their case once or twice. In Norway the limit is three times. First the Tingretten (lower court), then Lagmannsretten (sort of jury-based, depends .. it may either be a jury, or a combination of judges, some jurors, and some people educated in the field), and finally Hoyesterett (Supreme court). Both the government and the prosecuted may choose to appeal for any reason.

The government may appeal if they lose, or if they don't think the punishment is harsh enough.

Furthermore, if I remember correctly, Hoyesterett may reschedule the case back into Lagmannsretten if it thinks it should be a retrial there, instead of them making a decision. I'm not sure, but I don't think that happens often, unless there is doubt about presented evidence or somesuch. Not sure, really.

In theory, due to your double jeopardy laws, if the accused is guilty and aquitted - he may walk out of the courtroom and then tell the press "They released me, but really - I did do it! Ha! Ha!"

Re:Ok, that really sucks (0, Informative)

barawn (25691) | more than 10 years ago | (#7608945)

It's an appeal.

The fact that you don't know that you can appeal a decision in most civilized countries reflects badly on your educational system.

Re:Ok, that really sucks (3, Informative)

AKAImBatman (238306) | more than 10 years ago | (#7608976)

You cannot appeal an innocent verdict in the U.S. Such an appeal would be considered...

wait for it....

DOUBLE-JEOPARDY

GANDALF IS ON TEH SPOKE!!! (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#7608881)

Fans Outraged at New Character in The Return of the King [bbspot.com]
By Brian Briggs

Wellington, New Zealand - A recently leaked trailer for The Return of the King has Tolkien fans outraged over the apparent addition of a new character - Jar-Jaromir. The scene depicted in the trailer shows Jar-Jaromir shouting, "Gondora gonna fallsa"; he then trips over a corpse and knocks down a couple of Uruk-hai.

Producers of The Lord of the Rings trilogy confirmed the addition of the half-brother of Boromir and Faramir.

"While The Two Towers is performing better at the box office than The Fellowship of the Ring, we are worried about a demographic that is skewing much older than desired. More mature fans are very good to have, but it's the younger fans who buy the merchandise. That's really what brings in the bucks on a movie like this," said producer Tim Wilcox.

"People complained a lot about Gimli just being there for comic relief," continued Wilcox. "We answer that criticism by directing the humor through Jar-Jaromir in The Return of the King. There's this funny scene where Jar-Jaromir decides it's best to hand the ring over to Sauron, but then he drops it and kicks it into Mount Doom. Hi-larious."

Purists, miffed by the deviations in The Two Towers, were so enraged by Jar-Jaromir as to be rendered speechless. A less pure, calmer fan who was able to form words said, "Tolkien mentioned a lot of different races and creatures, but never a Gungan or even a half-Gungan. I think I'm going to vomit."

One fan tried to rationalize the move. "Maybe the Star Wars universe and Middle-earth intersect. Middle-earth certainly is a long time ago and why couldn't it be in 'a galaxy far, far away?' Nothing said it's our earth." He then broke down and started crying.

Director Peter Jackson explained how the Jar-Jaromir character was added after all the other footage had already been shot. "That's the brilliant thing about digital editing and graphics. We didn't even imagine Jar-Jaromir in the movie until a couple of weeks ago, but now we can just edit him right into the key scenes. I really think it's going to be a hit with the toddlers."

Jackson added, "I just love it when he shouts, 'Yousa steala precious from meesa!'"

Oh, and Gandalf returns, Gollum steals the ring and falls into mount doom, the elves leave Middle Earth. I think that covers everything.

Re:GANDALF IS ON TEH SPOKE!!! (-1, Offtopic)

jalet (36114) | more than 10 years ago | (#7608964)

> Oh, and Gandalf returns, Gollum steals the ring
> and falls into mount doom, the elves leave Middle
> Earth. I think that covers everything.

You may ignore this, but the books are almost 50 years old, so a lot of people know the end already ;-)

heh. (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#7608978)

The scene depicted in the trailer shows Jar-Jaromir shouting, "Gondora gonna fallsa"; he then trips over a corpse and knocks down a couple of Uruk-hai.

Jackson added, "I just love it when he shouts, 'Yousa steala precious from meesa!'"

Re:GANDALF IS ON TEH SPOKE!!! (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#7609049)

Oh, and Gandalf returns, Gollum steals the ring and falls into mount doom, the elves leave Middle Earth. I think that covers everything.

What about the part where Gimli and Legolas stand at the prow of the ship, to "My Heart Will Go On"?

What happened to double jeopardy? (-1, Redundant)

alen (225700) | more than 10 years ago | (#7608897)

In the US you cannot be tried for the same crime twice. Why aren't the norwegians at our level of justice?

Re:What happened to double jeopardy? (-1, Flamebait)

0123456 (636235) | more than 10 years ago | (#7608917)

This is Europe, silly, no 'innocent until proven guilty' there.

Re:What happened to double jeopardy? (2, Insightful)

a_timid_mouse (607237) | more than 10 years ago | (#7608929)

Oh no? What about O.J.? Same crime, two different courts (criminal vs. civil). Is this the same kind of situation?

Level of justice? (-1, Troll)

Lucky_Norseman (682487) | more than 10 years ago | (#7608952)

In the US he would have been declared Enemy Combatant and shipped to Cuba without the need for trial?

MOD PARENT +5 Insightful (0)

Anonymous Coward | more than 10 years ago | (#7609010)

Pfft. (0)

Anonymous Coward | more than 10 years ago | (#7608954)

Yes, let's make stupid assumptions and furthermore live out the "The American Justice System is the Best In The World"-delusion. It's especially rich coming from non-jurisconsults.

Actually, that's not really true... (2, Insightful)

sethadam1 (530629) | more than 10 years ago | (#7608972)

(I am not a lawyer, of course, but...)

You certainly CAN be tried for the same crime twice. You cannot, however, be tried on the same charge. Not to mention, you can be tried in criminal court, and then again in civil court, a la OJ Simpson.

No, admittedly, it's not likely that the Justice system - if you call it that - would try you for manslaughter after finding you "not guilty" of murder, but you CAN be found guilty of one infrigement and not of another - for the same crime.

Re:What happened to double jeopardy? (0)

Anonymous Coward | more than 10 years ago | (#7609043)


Different != Bad

Double Jeopardy? (-1, Redundant)

darkstar949 (697933) | more than 10 years ago | (#7608928)

Correct me if I am wrong, but from the artical description of the trial as "...faces the retrial of his acquittal..." it sounds to me like he is being tired again for the 'crime' that he was already found inoccent of. Or is this more a case of the OKOKRIM pushing to hard for a 'first impression' ruling that is in their favor?

Tried twice for the same crime!!!! (-1, Redundant)

nexusone (470558) | more than 10 years ago | (#7608930)

Tried twice for the same crime, makes me glad to live in the US.
But who is to say in the future with the way things are going you maybe you will be tried twice for the same crime in the US or lock away with out a trial.

Re:Tried twice for the same crime!!!! (0)

Anonymous Coward | more than 10 years ago | (#7608958)

This is an appeal. It happens in your beloved USA as well.

Be an Anonymous Coward next time, Jon (2, Insightful)

rcastro0 (241450) | more than 10 years ago | (#7608943)

DeCSS2 will be created just like DeCSS was, but instead of one "Jon Johansen" its creator's name will most likely sound like "d00d" or "DaMan".

Not a retrial, an appeal... (4, Informative)

Kjella (173770) | more than 10 years ago | (#7608946)

Retrial is if e.g. the trial is decleared a "mistrial", or in the case of Norway, normally only if the Supreme Court finds that the lower court were waaay off (normally, they'd correct a sentence themselves, a retrial is basicly only if it'd take up too much of the court's time to do it all over again).

Also, for the people I see making fun of the name, it's really Økokrim, Øko = eco- of economics, and krim of crime... It's just not fucking possible to get slashdot to show HTML character codes :p

Anyway, I hope they appeal it all the way to the top and fail with flying colors... too bad, that by then the EUCD will probably already be in effect, making the precedent outdated...

Kjella

Re-trial is common when a precedent is being set (4, Interesting)

Space cowboy (13680) | more than 10 years ago | (#7608947)

According to the article, when a precedent is being set, it is common for an appeal to succeed, and this is what has happened. Actually (despite hoping Jon will prevail) I think this is a pretty good idea - a second look at something with big ramifications is probably a good thing under any circumstances...

Simon

Double-jeopardy etc etc. (5, Insightful)

grazzy (56382) | more than 10 years ago | (#7608966)

Before we all get all tear-eyed with nationalistic ideals etc etc, we should remember where RIAA and MPAA comes from.

I'm sure this will come up (1, Redundant)

hoochiepapa (605469) | more than 10 years ago | (#7609011)

He's apparently trying to crack imusic http://www.theregister.co.uk/content/4/34141.html

Jon is now 18 years old (4, Interesting)

teamhasnoi (554944) | more than 10 years ago | (#7609012)

apart from the fact he's done more to shape IP laws, copy protection, open source software and linux - he's had to deal with this BS since he was *15*.

I was still sitting on legos and eating giant bowls of Sugar Crisp in front of the Smurfs when I was 15.

When will we see the takedown of fair use in this country?

OT Question: Don't the major linux players (IBM, RedHat, um.. Dell ect.) distribute some sort of linux DeCSS DVD player? Why are they not being hunted down and sued by the MPAA?

Retrial and double jeopardy (1, Redundant)

real_evolute (714035) | more than 10 years ago | (#7609015)

In sweden you can get tried three times for the same crime, in the local court, the district court and the supreme court. For example, one man suspected of killing the swedish pm in 1986 was found guilty in the local court, aquitted in the district court and the state will go to supreme court to get him if they ever find more evidence; they don't want to 'throw away' their last chance.

Stiff penalties. (4, Funny)

Anonymous Coward | more than 10 years ago | (#7609020)

"the Norwegian Economic Crime Unit (OKOKRIM) is allowed to bring his case back before an enlarged panel of judges."

The dangers of viagra abuse.

If at first you don't succeed ... (1)

the bluebrain (443451) | more than 10 years ago | (#7609058)

... try him, try him again.

Until he's in shreds, in SHREDS, I say.

... er, I mean - "until justice is served".
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