California Supreme Court Resolves Apparent Conflict Between Trade Secret Law And Free Speech Rights

In a recent case of first impression, the California Supreme Court unanimously held a trial court’s preliminary injunction preventing publication of a computer program for descrambling digital video disks did not violate the defendant’s free speech rights, assuming the trial court properly issued the injunction under California’s trade secret law. In its August 25, 2003 decision in DVD Copy Control Assoc., Inc. v. Andrew Bunner, the Court resolved an apparent conflict between the free speech clauses of the United States and California Constitutions and California’s trade secret laws. This decision is significant because it is one of the first in the country to deal with the interplay between the free speech rights of parties who wish to publish technical information on the Internet and the property rights of parties who claim trade secret ownership in such information.

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