Does an injunction against DeCSS infringe MoREs DeCSS copyrights?
17 U.S.C. 511 states that government officials, even when acting within their official capacity, are not immune from liability in the case of copyright infringement. In theory – and assuming that the DeCSS copyright is registered – an injunction interferes with distribution rights as defined in 17 U.S.C. 106 and could possibly be considered copyright infringement. At the same time, however, 17 U.S.C. 1203 explicitly gives the courts the right to grant temporary and permanent injunctions against devices that violate 17 U.S.C. 1201.
