>Judge Kaplan aims at settling the code as expression
>dispute, citing Bernstein, Karn and Junger cases, and
>the First Amendment loses to Copyright and DMCA Acts.
This is one of the sloppiest and misinformed judicial opinions I've
read in a long time. E.g., he states that copyright infringement is
not protected by the first amendment, that DMCA is intended to bolster
copyright protection, ergo, the first amendment is irrelevant to the
DMCA.
With this logic, he could also conclude that the fourth amendment
wouldn't apply to any law intended to bolster copyright protection,
e.g., one authorizing regular, warrantless midnight raids looking for
anybody with infringing materials in their homes.
My attorney tells me that Commerce has finally issued a letter
formally ruling that the Applied Cryptography source code diskette at
issue in my case is now exportable. I should receive a hard copy soon.
When I do, I will post a copy to the net and frame the physical copy
for my wall.
The contents of the AC diskette have been widely available on the net
for a long time, starting (to my knowledge) with an Italian FTP site
in September 1994. This lent a certain air of surrealism to my
case. The CSS cases have even more of this Wonderland flavor to them.
Phil
