Copyright (c) 2004 Berkeley Technology Law Journal
Berkeley Technology Law Journal
INTELLECTUAL PROPERTY: TRADE SECRET: NOTE: DVD Copy Control Association v. Bunner: Freedom of Speech and Trade Secrets
19 Berkeley Tech. L.J. 269
By Alex Eaton-Salners
An effective intellectual property regime maintains a delicate balance between the interests granted to creators (and their assignees) and the rights and interests of the public in those creations. 1 One of the tensions created by the expansion of intellectual property rights involves the First Amendment rights of the general public. 2
The last few decades have witnessed numerous changes in intellectual property doctrines. 3 In this new millennium, advancements in technology and shifts in social norms require a reevaluation of our intellectual property regime. 4 Although the proliferation of efficient means of data transfer and storage, such as the Internet and the personal computer, advances the goal of universal, low-cost access to the total output of human knowledge, large companies are stymieing this goal by leveraging their stockpiles of intellectual property in order to generate profits. To prevent unauthorized use or dissemination of this information, such companies are turning to contract law and technological protection measures to restrict how consumers can interact with the information they possess. Because form contracts and technological restrictions dictate what consumer behaviors are possible, they override many pre-existing statutory frameworks. 5 Against this background, courts are setting new precedents in trade secret law.
In August of 2003, the California Supreme Court reinstated a preliminary injunction enjoining the publication of information relating to the scheme used to encrypt the contents of DVDs. 6 The trial court had issued the preliminary injunction pursuant to California's trade secret law. 7 The California Supreme Court set ...
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