I think the court's decision in the DeCSS case sucked, but I also think
some of the folks on this list are misunderstanding *why* it sucked.

Greg London:
> >I'm probably preaching to the choir here,
> >but the fact that a judge has ruled that
> >a human readable language, specifically
> >C and Perl, is legally different than
> >other languages, such as English or French,
> >truly, truly ticks me off.

Elaine -HFB- Ashton:
> n.b. I suspect the reason the judge didn't rule against the version
> in English is that it would impinge upon the Freedom of Speech.

The court's decision made a big deal about the distiction between
"expressive" and "functional" speech.  Functional communication, the judge
said, has less First Amendment protection than purely expressive
communication, and since the primary purpose of the DeCSS code was
functional (telling a computer how to decrypt a DVD), distributing DeCSS
was not protected by the First Amendment.

The RIAA, in its original complaint, only asked for a prohibition on
distributing the original DeCSS software written in C, and didn't say
anything about the various other forms in which CSS-decrypting software has
been written.  Therefore, the judge said he wasn't even considering the
legality of those other forms.

Note that the legal distinction is expressive vs. functional, not
human-readable vs. non-human-readable.  If I say "kill" to my dog, and the
dog follows my command, I cannot argue that my statement was protected by
the First Amendment.

If memory serves, one of the arguments in the DeCSS *appeal* is that
computer code has to be considered as expressive rather than functional
communication -- because if it were purely functional, you wouldn't be able
to copyright a computer program that you wrote.

-- 
"The big dig might come in handy ... for a few project managers
 whom I think would make great landfill."  --Elaine Ashton
== seth gordon == [EMAIL PROTECTED] == standard disclaimer ==
== documentation group, kenan systems corp., cambridge, ma ==

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