"DVD-Jon" Demands Compensation 450
orzetto writes "Jon Lech Johansen, known as DVD-Jon, and aquitted in a trial in Norway, after being accused of infringement for making a GUI for DeCSS, is now demanding that Norwegian Oekokrim pay for all the time and money he has lost to the trial, claiming 150,000 NOK (about 17,500 euros)."
Rob (Score:2, Funny)
The morning rain clouds up my window and I can't see at all
And even if I could it'll all be gray but your picture on my wall
It reminds me, that it's not so bad -- it's not so bad
Dear Rob, I wrote but you still ain't callin
I left my email, my ICQ, and my yahoo chat at the bottom
I sent two emails back in autumn, you must not-a got 'em
There probably was a problem with your sendmail or somethin
Sometimes I scribble email addees too sloppy when I jot
FYI (Score:5, Informative)
Comment removed (Score:5, Insightful)
Re:FYI (Score:5, Informative)
Re: (Score:3, Interesting)
Re:FYI (Score:5, Insightful)
Comment removed (Score:5, Insightful)
Re:FYI (Score:3, Informative)
In criminal cases the state normally pays all the cost on behalf of the client. You can pick your own lawyer and usually you will get the lawyer you picked if the lawyer is available. Most of the folks charged with murder pick one of the "top guys". They normaly charge a bit more than what the state pays as a standard fee so you have to pay the extras by your
Re:FYI (Score:5, Informative)
Re:FYI (Score:5, Informative)
If you are uncomfortable with the lawyer allocated for your defense you are always legally entitled to choose your own lawyer, and in most such cases the lawyer you choose can then be paid by the government at the fixed hourly rate.
This system also cover civil lawsuits if your salary and savings are below certain levels. In many cases you can get the government to cover your lawyers fees as a plaintiff in civil cases as well, provided the case meets certain criteria and your salary and savings are below the threshold.
Personally, I once got a publicly allocated defender as I was being drafted (Norway has compulsory military service) and refused to accept their denial of my application to be exempted.
The case never went to trial (I got it thrown out of court :)), but the lawyer I was allocated was actually one of the most prominent lawyers in Norway, with 30 years experience in similar cases. He took time to read all the documents, talked to me on the phone, had a very relaxed meeting with me in his office, not worrying about how much time we spent. I'm sure not everyone has as pleasant experience with their publicly allocated defenders as I had, but in general I think the system works fairly well.
(ObDisclaimer: IANAL)
Re:FYI (Score:3, Interesting)
How anybody can be an advocate of forcing someone to spend their time and energy to kill people or assist those doing the killing in some sort of misguided notion of compulsary patriotism is utterly beyond me.
If not wanting to hurt others or put myself into situations wher
Re:FYI (Score:3, Interesting)
That's the first injustice - the decision of whether or not you have to serve is arbitrary.
The second is that it is forced upon you. You are forced to accept a chain of command and rules that may see y
Re:FYI (Score:3, Informative)
This is the way "socialism" works in Norway (a country generally far more left wing than the UK)
There are occasional cases where lawyers hesitate to take
Re:FYI (Score:3, Insightful)
Now, since the court does not award insanely high awards, we have ambulance chasers and similar parasites at much, much lower level than in USA.
And yes, suing. I believe that the second most common threat an US cit
Re:FYI (Score:3, Informative)
Well, in his case he faced Double Jeopardy (illegal in the US... at the moment, who knows with more Patriot Acts in the future) and still was cleared, twice. Either his public lawyer was pretty gosh darn good or the prosecution's case was spectactularly bad even with the laws that were on the books.
Re:FYI (Score:4, Insightful)
No, he wasn't. He was charged once, the lower court said he hadn't done any wrong and the Oekokrim (echonomic crime unit) appeled. It may not be the way things work in the US, but it's the way thigns work here - and work pretty damn good I might add. Both the defendant and the plaintiff may appeal if certain conditions are present.
There is a number of important differencies between the norwegian and the US system of justice. One of the most important ones to recall is that they are different; so don't scream up at the instance you hear something that's different from what you're used too - like the fact that lawyers paid by the state are pretty damn good.
Re:FYI (Score:5, Insightful)
If the purpose of the 9/11 attacks was to overthrow Constitutional government, I'd say that they were pretty damn effective.
Re:FYI (Score:2)
--Joey
Re:FYI (Score:2, Informative)
Plus he got one appointed by the state, so they're footing the bill. You don't have to pay for your own defence.
If it had been a "private" (IANAL) lawsuit, like his neighbor suing him for playing loud music or whatever, he's just a kid with a minimal income so Norwegian law would grant him a free defence.
Not 'pro bono', the state would pay for his lawyer, so even poor people can get high-profile attorneys.
What he's asking for is just some compensation for lost income, t
Re: (Score:2)
Re:FYI (Score:2)
Re:FYI (Score:4, Informative)
Norway has a pretty good system to ensure that you as a civilian can get a fair and decent trial despite your lack of money. I.e no big corp can push you over in the judical system. The law is trying to be fair in that area.
Why he would only ask for $22k... (Score:2, Interesting)
Jamon
Am I the only one surprised... (Score:2)
Anyway, it's not lawyer fees, but mainly
a) earnings loss
b) court costs
c) some very small compensation
Compared to the US, there is hardly any compensation for having to go through a court case. Or hell, even being innocently jailed. Noone has ever gotten more than $1M even if they've done 21 years ( = "life" in Norway) and been acquitted later.
Kjella
He deserves it (Score:2, Interesting)
Re:He deserves it (Score:5, Funny)
If that logic held, Slashdot would owe me millions of dollars by now.
hmmmmmm - anyone out there looking to start a class action lawsuit?
Microsoft (Score:5, Funny)
I hope the okokrim sues the MPAA for getting them into his mess in the first place...
Re:Microsoft (Score:2, Interesting)
Good luck Jon, you deserve the dollars for your wasted time!
Re:Microsoft (Score:2)
You are smoking exactly what?
MPAA could not get the Okokrim into this trouble as the MPAA has no authority over the Norwegian police. It was the Okokrim's decision to pursue this case - geez, it would be a major scandal if it turned out that some foreign organization has a say in what the police does.
Re:Microsoft (Score:3, Insightful)
Right, I'm sure this esteemed organization woke up one day and said "You know what is threatening our great nation? DVD decryption."
Somehow I don't think so. I'm not claiming corruption, but I've a feeling someone gave them the idea th
further more... (Score:4, Funny)
Re:further more... (Score:5, Funny)
LORD:ROTH ??
Lord of Real Dirigibles: Return of the Helium ?
Lord of Research & Development: Return of the Hemoglobin ?
Lord of Racing Day: Return of the Hemi ?
Lord of Rubarb Dessert: Return of the Heartburn ?
Re:further more... (Score:3, Funny)
Give it a shot.. (Score:4, Interesting)
If nothing else, he might raise more public interest and get donations that way.
You win, don't pay (Score:5, Insightful)
IANAL, that's just my two cents.
Re:You win, don't pay (Score:5, Insightful)
Re:You win, don't pay (Score:2, Insightful)
Re:You win, don't pay (Score:2)
Re:You win, don't pay (Score:3, Insightful)
How would you feel kn
Re:You win, don't pay (Score:5, Insightful)
In some cases it would - then again the current system allows the big guy to sue the little guy until he gives up because he runs out of money. So both systems will fail some of the little guys at some point. To evaluate them you'd have to compare how they compare on average. I think the current US system looks very bad there - employing over half of the worlds lawyers just has to be a ridiculous amount of overhead.
Different rules for corps (Score:3, Insightful)
So if it's "Individual vs. Corp," then Ind. pays own fees if he los
Re:You win, don't pay (Score:2)
There would also be a lot fewer people suing corporations and governments. Could YOU afford to pay the legal bills Microsoft will incur after you sue them?
Comment removed (Score:5, Insightful)
Re:You win, don't pay (Score:2, Interesting)
Re:You win, don't pay (Score:4, Interesting)
Don't kid yourself, Elderly couple sues walmart because an overstuffed shopping bag broke, psychic sues MRI center for causing loss of psychic abilities, crook sues home owner for injuring him during the course of a burglary. The lawyers win, everyone else gets screwed in ways too numerous to measure.
There is a desperate need for tort reform. There is an even more desperate need to make certain lawyers do not wield total control of the legal process.
Re:You win, don't pay (Score:2)
> lost there would be fewer nonsensical lawsuits.
There would also be a lot fewer "ordinary people" who would be willing to take the risk of standing up to giant corporations when said corporations were doing something wrong.
Re:You win, don't pay (Score:5, Insightful)
There is an obvious downside to it: it tends to discourage access to the courts by people who can't afford to lose. Mike Rowe would never have been able to afford Microsoft's court costs, and if he's not 100% convinced he'll win (not just right: win) he'd be in debt forever.
It's not infeasible; it's so common in England that it's sometimes called the English rule. But it would involve a substantial change to American jurisprudence.
Re:You win, don't pay (Score:2)
Yeah; the obvious downside being that you usually don't sue unless you have a just cause and the evidence to back it up.
Re:You win, don't pay (Score:4, Insightful)
While that *sometimes* can be a bad thing, I believe that it will *often* be a good thing.
SCO vs. IBM
(we're broke and have no product, so give us some money)
Smokers vs. Phillip Morris
(hey, I thought smokes were good for you, I thought they had vitamin-C in 'em and stuff)
Oh, and then there's the hospitals hiring lawyers and explicitly telling *every* patient when they leave, that if the patient sues and loses, they will counter-sue. They did that to stop what became routine; that most patients did in fact sue after being treated, because there was a good chance of getting some form of compentation and no risk associated with suing.
Sure, sometimes the wrong guy loses - which is why civilized countries do not have capital punishment.
But fundamentally, I think that it is a good idea to let people/corporations who sue know, that there is a risk associated, and suing is not something you should do just for fun, or because "heck, it might work". Going to court is not a game, or at least, it ought not to be. In my humble oppinion of course.
Re:You win, don't pay (Score:2)
Time is money (Score:2)
I guess that's more about the whole lotta trouble he was put up for, which probably took him a lot of time spent on court, trials, interviews etc.
Re:You win, don't pay (Score:2)
If it worries you, you can take out insurance to cover such unexpected legal costs. Many Europeans do.
Re:You win, don't pay (Score:3, Informative)
The idea is called "Loser Pays" and it has been proposed many times as a solution to frivolous litigation. MANY states have considered bills in the legislature that propose implementing some sort of "Loser Pays" system, but it has stiff opposition because lawyers don't like tort reform limiting their income, especially if they are also individually liable for damages as some plans propose.
Google should help you find out all it.
BTW, politically, such proposals almost always come from the Republicans an
Payment from MPAA (Score:5, Funny)
Re:Payment from MPAA (Score:5, Funny)
Re:Payment from MPAA (Score:2)
Add this guy... (Score:3, Interesting)
Fair is fair... (Score:3, Insightful)
Re:Fair is fair... (Score:2)
You are aware that "liberty and justice for all" is an American phrase (though I grant the concept is universal) and that this took place in Norway, right?
Re:Fair is fair... (Score:2)
"liberty and justice for all*
* Except for those living in Puerto Rico, Guatemala, the Virgin Islands, Guantanamo Bay, China, Syria, any temporarily designated 'Free Speech Zones' and, of course, Norway."
Better?
I'm actually surprised (Score:2, Interesting)
Re:I'm actually surprised (Score:3, Insightful)
I'll be quite surprised if he actually gets as much as he has demanded. Especially since this has led to him getting a quite good job.
Counter-suit (Score:3, Interesting)
I hope this isn't considered a surprise...to anyone.
Re:Counter-suit (Score:2)
Re:Counter-suit (Score:2)
Being that he's not in America, wasn't prosecuted by Americans, nor was he prosecuted at the provable behest of any American entity, suing the Recording Industry Association of America from Norway is a lame suggestion.
Frivolous Prosecutions (Score:3, Insightful)
I hope he prevails. Perhaps it will give other prosecutors pause, to think out their case. If you have a weak case and know you are going to have to pay all cases, you might decide to forego prosecution and use your resources on cases which aren't weak. This benefits the society as a whole.
Re:Frivolous Prosecutions (Score:2)
I don't think the cost-benifit analysis is as easy as either of you make it out to be.
Civil vs Criminal (Score:2, Interesting)
In da US they call thems dere sorts of stuff 'Wrongful Prosecution'. I wonder how they would handle this in Norvay. I mean, as I understood it when it was escalated to the higher court it was a civil-type charge. Wrongful Pros cases in the US historically deal with criminal prosecutions. yes yes, I know nothing of norvegian law, yes yes i'll stfu, sorry...
Can anyone say COUNTERSUIT ? (Score:2)
Just Enough to Pay... (Score:2)
Sounds like just enough to pay your RIAA extortion.
Good for him (Score:5, Insightful)
If people continue to fight these lawsuits and counter-sue, rather than just settle, then these companies will be discouraged from these rages in the future because it will end up costing them more in dollars & negative PR than it's worth.
Although I support his position/work on DeCSS (Score:5, Insightful)
He didn't have to pay lawyer's fees, and from the sounds of it outside of having something like this looming over his head for years it's probably been a boon to him overall (he won't have to worry about finding work, for one thing.) It's probably a better time to count blessings than demand renumeration.
Re:Although I support his position/work on DeCSS (Score:3, Interesting)
If the court action has been a benefit to him over all he will be unlikely to get much, as that would be taken into account, but if he believe he can meet the criteria then he s
Re:Although I support his position/work on DeCSS (Score:2)
What the hell are you doing on slashdot? I've got news for you buddy, here we STICK it to THE MAN....ALL DAY LONG.
Re:Although I support his position/work on DeCSS (Score:3, Insightful)
Maybe that was the part of the case the was important to you, but this case was most definately about punishing him directly. If he lost, that's what would have happened.
I'm sure it all seems like it just this abstract case about precedent to you, but your career was not at stake. If someone decided to try and use you to "set an example" in a totally B.S. manner, I bet yo
yes, and... (Score:4, Insightful)
Her case was based primarily on poor or non-existing evidence and character assasination (among other things, she likened Johansen to gang-bangers). She wasted Johansen's time, the judges' and jury's time, and taxpayer money. So yes, Johansen is in the right to seek compensation from Okokrim.
*Sigh* (Score:2, Funny)
It seems to me that our civilization (North American/European and East Asian) has reached a plateau where we could very easily stop trying to fight amongst ourselves, back off and lend a helping hand to all those countires that are just trying to punch through in
Suing and Countersuing (Score:2)
Anyway he might make more money writing a few exclusives in the press than going through more legal procedure. People must understand : the lawyers make the real money, not the plaintiff
Should quit while he's ahead. (Score:2)
Re:Should quit while he's ahead. (Score:2, Informative)
In Scandinavia (and I expect that holds for the rest of europe as well), you're elegible for compensation for wrongfull arrests and/or accusation from the police. They have no ways of countersuing.
It's not the USD value, it's the purchasing power (Score:3, Interesting)
That doesn't matter at all. Does the 150,000NOK have the same purchasing power in Norway as 20,000USD has in the states? If not, the comparison is completely worthless.
If it costs 4CAD for a carton of large eggs here and 24XXX for the same in some fictional country, but the exchange rate is 1XXX for every 2CAD, then they certainly don't have the same purchasing power, do they?
Re:It's not the USD value, it's the purchasing pow (Score:2, Informative)
I think this is mostly about principles than money, 150000 is not really a bunch. My 54-sq. meters flat (here in Norway) is worth 840,000 NOK, and I got quite a deal at buying that. Iceberg salad is 20-30 NOK for about half a kilo. A half liter of beer at a pub can range between 40 and 70 NOK
Re:It's not the USD value, it's the purchasing pow (Score:2)
From this tourist site [hotelnear.com], a half-litre (1.05 pint) beer costs 40KR, or $5.86 US.
Nice, then I found this site [worldstudent.com] for British students, albeit the rates are a f
Re:It's not the USD value, it's the purchasing pow (Score:4, Informative)
Unfortunately, prices in Norway are extremely high, mostly because of all that oil money causing inflation. This more than offsets the current weakness of the USD.
The reason that the amount is so low is quite another; in Norway damages are strictly based on the actual money lost (well, and to a lesser amount things like emotional damage). If you asked for american-style amounts ("I'm suing for $300.000.000!"), you would be laughed out of court.
Jon used a public defender, so his costs weren't that high.
Does he take PayPal? (Score:2, Interesting)
In Norway... (Score:5, Funny)
Me too! (Score:5, Funny)
He Should get a Free Copy of... (Score:2)
DVD-Jon is not a hero (Score:2, Interesting)
Jon Johansen is not the hero for open source software as he likes to describe himself lately.
The truth is, he is a liar, a defender of closed source software, ignorant to the GPL and a guy who simply wanted to copy DVDs. His lies lead most of us to believe that he is a good guy and got him even free a legal team paid by EFF.
Read more about DVD-Jon:
http://www.chscene.ch/ccc/decss/decsstruth.txt [chscene.ch]
Oekokrim = prosecutors (Score:2)
Using standard currency conversions... (Score:2)
150,000 NOK (about 17,500 euros) or about $17 US dollars, I think.
Kidding... its actually $22k which I think is quite low. For all the time he spent on this he should be asking for at least 1m NOK (150k USD, 116 EUR).
freedom vs. free$ (Score:5, Insightful)
In the US, there is a distinction between civil and criminal violations of law, and their remedies. While the vagaries of US history, and lawyerly perversions of principles of "justice" often assign "punitive damages" to perpetrators and award them to victims, criminal penalties are assigned to those who damage intangibles: public trust, individual liberty, principles of Justice itself. In DVD Jon's case, there is a great deal of that kind of damage, to Jon, and to his compatriots, and ripples to us, in other countries.
The remedy includes holding those behind these prosecutions liable for their actions in wrongfully prosecuting him. Moreover, if this kind of wrongful prosecution is found to be systemic, the judge ought to assign changes in the system. Otherwise the perpetrators will be free to attack Liberty without repercussions, and the rising tide of corporate attacks on human rights will pervade Norway. Combine corporate financial superiority with their liability immunity advantage, and it looks pretty bad for the humans. Unless Norwegians see themselves in DVD Jon's shoes, and get their country back on track.
Re:What's his day job? (Score:2)
Re:OT: Seriously, what is up with Slashdot's HTML (Score:2)
CB
Re:Compensation for What? (Score:5, Insightful)
So really, what you're saying is that "DVD Jon" deserved to be sued for trying to watch a DVD he bought, and deserves to pay for his defense even though a court has sided with him twice?
This case is not about stealing copyrighted works . It's about who owns the things that you buy.
Re:Compensation for What? (Score:2)
So really, what you're saying is that "DVD Jon" deserved to be sued for trying to watch a DVD he bought
You and I both know that "DVD Jon" was perfectly able to view his DVD under the spacifics of the agreement he agreed to when he purchased the DVD.
Come on. Less bullshit, more facts.
Re:Compensation for What? (Score:2, Funny)
You have it all wrong. We are saying that on top of all that, the companies who's code he cracked should pay him.
Re:Compensation for What? (Score:5, Insightful)
No. The Norwegian legal system is saying that that Jon Johansen's actions were legal. If you disagree with their conclusions (and want to do something other than whine about the attitudes of Slashdotters like yourself), you should explain your reasoning to the legislative body of the Norwegian government and the Motion Picture Association of America (which prompted this legal action.)
Re:Compensation for What? (Score:4, Insightful)
No, what we're saying is that it's legal to reverse-engineer hardware and software for the purposes of interoperability and exercising your fair-use rights. In other words, it's perfectly legal to crack the CSS encryption on DVDs so that you can watch the DVDs that you legally purchased on your Linux computer, which after all these years still has no commercial DVD playing software.
We also recognize that there's a big difference between stealing (depriving someone of a physical product they own) and copyright infringement (making a digital copy of something, which doesn't deprive the owner of their copy nor does it deprive the copyright holder of any revenue if you otherwise wouldn't have purchased it). We also recognize that morally there is a big difference between downloading a few MP3s off the Internet (just for fun, to try out new bands, for albums that are not being produced anymore - which is no more immoral than borrowing a book or a CD from a friend) and wholesale mass-copying (people who burn 'pirated' CDs and sell them in the streets).
Re:Compensation for What? (Score:3, Insightful)
Whoa, whoa, whoa. Who said anything about stealing? The purpose of DeCSS was originally, and has always been, to decode encrypted DVDs for the purpose of viewing them on platforms where no decoder exists (ie, Linux).
If you're going to claim that you somehow have the right to take away DeCSS because teenaged kiddies use it to pimp out the latest release of the matrix on kazaa, then its only fair that you also take away guns, cars, airpl