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- DVD Copy Control Association, Inc. v. Bunner was a lawsuit that was filed by the DVD Copy Control Association ("DVD CCA") in California, accusing Andrew Bunner and several others of misappropriation of trade secrets under California's implementation of the Uniform Trade Secrets Act. The case went through several rounds of appeals and was last heard and decided in February 2004 by the California Court of Appeal for the Sixth District. DVD CCA's alleged trade secret was its "content scramble system" (CSS). The case was first heard in the Superior Court of California in Santa Clara County. The court initially found CSS to be a reasonably guarded trade secret and that its trade secret status should not be destroyed simply because it was posted on the Internet. The preliminary injunction was granted to the plaintiff on January 20, 2000. The defendants appealed to the California Court of Appeal, claiming that the lower court's decision unnecessarily restrained Bunner's First Amendment free speech rights. The Appellate Court agreed with Bunner, which led to a further appeal by DVD CCA to the Supreme Court of California. The Supreme Court of California held that although dissemination of computer code is protected free speech, the First Amendment does not prohibit courts from enjoining speech to protect a legitimate property right. It found that the preliminary injunction did not violate the free speech clauses and remanded for the Appellate Court to "make an independent examination of the entire record" to determine whether there was misappropriation of trade secret. Finally, on February 27, 2004, the California Court of Appeal for the Sixth District concluded that the CSS technology had lost its trade secret status. Therefore, the preliminary injunction burdened more speech than necessary. The granting of the preliminary injunction was therefore reversed. (en)
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- 12472 (xsd:nonNegativeInteger)
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- DVD Copy Control Association, Inc. v. Andrew Bunner (en)
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- On remand, the California Court of Appeal found that there was not enough evidence to support that CCS was still a trade secret at the time of the injunction. Thus the previously granted injunction unnecessarily burdened free speech and was reversed. (en)
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- Superior Court of California issued an injunction against defendants' distribution of Plaintiff's alleged trade secret in CSS. California Court of Appeal reversed and held that the injunction unduly restrained defendants' First Amendment rights of free speech. The California Supreme Court reversed, finding that the injunction did not necessarily burden free speech, and remanded to the California Court of Appeal to determine the validity of the trade secret misappropriation claim. (en)
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- DVD Copy Control Association, Inc. v. Bunner was a lawsuit that was filed by the DVD Copy Control Association ("DVD CCA") in California, accusing Andrew Bunner and several others of misappropriation of trade secrets under California's implementation of the Uniform Trade Secrets Act. The case went through several rounds of appeals and was last heard and decided in February 2004 by the California Court of Appeal for the Sixth District. (en)
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- DVD Copy Control Ass'n, Inc. v. Bunner (en)
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