California Supreme Court Will Hear A Trade Secret Case Involving Internet Speech

The California Supreme Court will hear a DVD Trade Secret case that involves the publication of software that is involved in a pending trade secret case. This case signifies an important ruling in the arena of Internet law and free speech.

The following questions have been addressed in this article:

What is a trade secret?
What are the facts of this case?
What does the DeCSS do?
What did the appellate court determine?
The appellate court determined that the trial court abused its discretion and should not have issued an injunction against Bunner. At the hearing for the preliminary injunction, DVDCCA did not present the facts that are required to be awarded an injunctive relief which include that there is no remedy adequate at law and the severe actual and financial harm at issue by this republication of the information. The appellate court determined that the publication of software information was protected by the First Amendment and that the injunction that was issued was a prior restraint of protected speech. The appellate court therefore found that this injunction was unconstitutional and violated the First Amendment and free speech.


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