[NTLUG:Discuss] Let Freedom Ring! DeCSS code is speech! ...well, almost.

[J. Jentink]

Daniel Hauck wrote....

> So, yes, there is a cigar and the fact the binary code is
unavailable for
> legal distribution is quite irrelevant.  There is/are Perl versions
of the
> same code... it's both source/interpreted code. :)
>
> Anyway... freedom of speech has been tested in the software world
and is now
> established as precedent in California courts.  Next stop, the fed.

It does not matter if the source code is interpretted directly,
converted to byte code and interpetted, or compiled to machine code
and executed directly. All methods represent a use of the source code.

The First Ammendment right talked about in the article is only to
_publish_ the source code. This does not include the freedom to _use_
the source code. That unfortunately is determined by other laws and
the courts. So, it is legal to write a book about making illegal drugs
but you can go to jail for using the book to make these drugs.

As somebody once said:
  "To decide if it is ethical,
       ask what it would be like if everyone did it.
   To decide if it is moral,
       ask what it would be like if it were done to you.
   To decide if it's legal, take seven years of Law degree and
       forget the rules above."

j.