User:Patlewis Squirrelsrock/Edelman v. N2H2

Edelman v. N2H2 The case Edelman v. N2H2 is where a Computer researcher named Benjamin Edelmen sought a declaratory judgment against N2H2 to reverse engineer there internet blocking software. He cited his first amendment right of free speech allowed him to do this and to distribute the research.

Edelman Reason for Declamatory Judgment
He stated that the software can pervert legitimate websites were being blocked. He sought declaratory judgment because if he did not he felt he could be sued. He needed this action because he did not accept the N2H2’s licensee which strictly prohibited reverse engineering of the software and the giving out of proprietary information embedded in the program. Thus in order to do the research with out repercussions he sought help Edelman alleged that these filter programs are not very accurate. He argues that do not do there intended function very well, and that people have a right to evaluate these programs since they are bought for the good of the people. However he fears cannot legally do this research since N2H2 would use the DMCA to allege him of Copyright infringement. In addition he does not accept the license in the software which states that by installing he will not release this information. Below is his research method.

The method to research would be 5 pronged
 * (1) reverse engineering a licensed copy of the blocking program in order to discover what measures prevent access to and copying of the block list
 * (2) creating and using a circumvention tool to bypass those measures and access the block list; (3) analyzing the block list to determine its accuracy
 * (4) publishing the results of his analysis and the block list
 * (5) distributing his circumvention tool to facilitate other fair and non-infringing uses of the block list.''

N2H2 Response
N2H2 states they believe that Edelman is abusing the legal system to release there trade secrets. The company says they perform a service to the community by providing a way for children to access the internet and not be worried about more questionable content. They argue several points that the court cannot do this since he is not in immediate possibility of being sued. In addition they argue that he cannot bring a 'pre-enforcement constitutional challenge through a declaratory relief action"

Development
On April 9, 2003, the District court granted N2H2's notion to dismiss. Since Edelman did not the legal right to sue since he had not done the research that may violate the DMCA and had done nothing to warrant the injunction.