DVD COPY CONTROL ASS'N, INC. v. BUNNER

No. S102588.

4 Cal.Rptr.3d 69 (2003)

75 P.3d 1

31 Cal.4th 864

DVD COPY CONTROL ASSOCIATION, INC., Plaintiff and Respondent, v. Andrew BUNNER, Defendant and Appellant.

Supreme Court of California.

As Modified October 15, 2003.


Attorney(s) appearing for the Case

Richard R. Wiebe, San Francisco; Huber Samuelson, HS Law Group, Allonn E. Levy, San Jose; First Amendment Project, Oakland, James R. Wheaton, David A. Greene; Tomlinson Zisko Morosoli & Maser, Thomas E. Moore III, Palo Alto; Electronic Frontier Foundation, San Francisco, Cindy A. Cohn and Robin D. Gross for Defendant and Appellant.

Howard M. Freedland and Edward J. Black for American Committee for Interoperable Systems and Computer & Communications Industry Association as Amici Curiae on behalf of Defendant and Appellant.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin and Annette L. Hurst, San Francisco, for Institute of Electrical and Electronics Engineers, Inc. — United States Board as Amicus Curiae on behalf of Defendant and Appellant.

Jennifer Granick, San Francisco, for Computer Professionals for Social Responsibility as Amicus Curiae on behalf of Defendant and Appellant.

Ann Beeson, Kevin S. Bankson; and Ann Brick for the American Civil Liberties Union and the American Civil Liberties Union of Northern California as Amici Curiae on behalf of Defendant and Appellant.

Jane E. Kirtley for Silha Center for the Study of Media Ethics and Law as Amicus Curiae on behalf of Defendant and Appellant.

Weil, Gotshal & Manges, Jared B. Bobrow, Christopher J. Cox, Jeffrey L. Kessler, Robert G. Sugarman, Gregory S. Coleman, Edward J. Burke, Jonathan S. Shapiro, Sondra Roberto, Richard Simon, Rachel H. Laskey and John F. Greenman, New York, NY, for Plaintiff and Respondent.

Jennifer M. Urban and Pamela Samuelson for Intellectual Property Law Professors, the Computer & Communications Industry Association and the United States Public Policy Committee of the Association for Computing Machinery as Amici Curiae on behalf of Plaintiff and Respondent.

Richard A. Epstein; Thomas C. Rubin; Covington & Burling, Robert A. Long, Jr., Washington, DC, and Anthony Hermann for Microsoft Corporation, Ford Motor Company, The Boeing Company, Sears Roebuck & Co., The Procter & Gamble Company, AOL Time Warner, Inc., BellSouth Corporation, The Coca Cola Company and the National Association of Manufacturers as Amici Curiae on behalf of Plaintiff and Respondent.

John K. Williamson, Ronald E. Myrick; Milbank, Tweed, Hadley & McCloy and James Pooley, Palo Alto, for the Intellectual Property Owners Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Dan Robbins, Jason M. Okai; Williams & Connolly, David E. Kendall, Thomas G. Hentoff, Janet C. Fisher, Suzanne H. Woods, Washington, DC, Julia B. Shelton; Paul, Hastings, Janofsky & Walker; Roger M. Milgrim, New York, NY; John Fithian; Daniel L. Brenner, Neal M. Goldberg, Washington, DC, Michael S. Schooler, Diane B. Burstein; David M. Proper; William Daly; and Thomas J. Ostertag, New York, NY, for Motion Picture Association of America, Inc., American Federation of Musicians of the United States and Canada, American Federation of Television and Radio Artists, AFMA (formerly the American Film Marketing Association), American Society of Composers, Authors and Publishers, American Society of Media Photographers, Inc., Association of American Publishers, Inc., Business Software Alliance, Broadcast Music, Inc., Department of Professional Employees, Directors Guild of America, Graphic Artists Guild, Interactive Digital Software Association, National Academy of Recording Arts & Sciences, Inc., National Association of Theatre Owners, National Cable & Telecommunications Association, Inc., National Football League, National Football League Properties, Inc., National Hockey League, National Music Publishers' Association, Office of the Commissioner of Baseball, Producers Guild of America, Professional Photographers of America, Recording Industry Association of America, Screen Actors Guild, Inc., Video Software Dealers Association and Writers Guild of America, West, Inc., as Amici Curiae on behalf of Plaintiff and Respondent.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Richard M. Frank, Chief Assistant Attorney General, Louis Verdugo, Jr., Assistant Attorney General, Catherine Z. Ysrael, Regina J. Brown and Emilio E. Varanini IV, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiff and Respondent.


BROWN, J.

Today we resolve an apparent conflict between California's trade secret law (Civ.Code, § 3426 et seq.)1 and the free speech clauses of the United States and California Constitutions. In this case, a Web site operator posted trade secrets owned by another on his Internet Web site despite knowing or having reason to know that the secrets were acquired by improper means. The trial court found that the operator misappropriated...

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