Hyperlink
Frequently Asked Questions
| Q. |
What is a hyperlink? |
| A. |
A "hyperlink" is a software instruction embedded on a Web site which, when executed, causes a signal to be sent to another Internet location where data or material can be retrieved for viewing, copying or further transmission. Hyperlinks enable a computer user to quickly locate and retrieve data from another file or Web site location without the necessity of having to search for it, or manually input its Internet address. A hyperlink puts the data or material immediately at hand. All the computer user needs to do is click on the icon or underlined text that indicates the presence of a hyperlink and he or she will be taken to the desired data or material almost instantaneously.
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| Q. |
Why is the 2600 Enterprises' Web site's hyperlinking a problem for the motion picture studios? |
| A. |
On January 20, Judge Kaplan ordered the 2600.com web site, and two other Web sites, to stop posting the software utility DeCSS that circumvents the copy protection on DVDs. However, 2600 has created more than 350 active hyperlinks to the DeCSS software on other websites. There is no practical difference between the 2600 Web site's posting of DeCSS, and hyperlinking to other Web pages from which DeCSS can be downloaded.
2600's, "Emmanuel Goldstein," has clearly articulated his objective, to thumb his nose at the judge's order and show his disdain for copyright law. After the judge's order, Goldstein put out a call to users of his Web site to reproduce DeCSS elsewhere on the Internet, and then to help him in creating the necessary hyperlinks to those sites. His actions have forced the motion picture studios to ask the judge for additional relief.
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| Q. |
What is this Motion all about? |
| A. |
The MPAA is only asking the Court to enter an injunction against Eric Corley, a/k/a "Emmanuel Goldstein" and those persons acting in concert with him, in the use of DeCSS hyperlinks.
Since Judge Kaplan's January 20th ruling that barred the posting of the DeCSS utility, the defendant has blatantly attempted to evade the practical impact of that order by exhorting others to post DeCSS as many places as possible on the Internet, and has created hyperlinks that link directly to the DeCSS program on these other sites. The list of DeCSS hyperlinks on the 2600 Enterprises web site has grown to over 350 sites, making the defendant's site, in effect, a distribution center for the ready availability and delivery of DeCSS. Distributing or trafficking in software that circumvents copy protection is illegal under federal law.
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| Q. |
Doesn't restricting the use of hyperlinks infringe the First Amendment's protection of free speech? |
| A. |
United States law recognizes that freedom of expression and protection of copyrighted material go hand in hand. The MPAA defends Mr. Goldstein's right to criticize the MPAA on his web site, but his right to express his views does not give him the right to use his web site as an engine for distributing an illegal software program that allows unathorized and illegal access and copying of motion pictures. "Emmanuel Goldstein" has no more right to distribute DeCSS in this way than he would to distribute keys to your house and a map because he did not like your furniture.
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