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Re: Free speech and the DeCSS case

daemon@ATHENA.MIT.EDU (Peter D. Junger)
Wed Jul 26 22:21:11 2000

Message-Id: <200007262002.QAA04310@samsara.law.cwru.edu>
To: "Trei, Peter" <ptrei@rsasecurity.com>
Cc: cryptography@c2.net, "'Steve Bellovin'" <smb@research.att.com>,
        junger@samsara.law.cwru.edu
In-reply-to: Your message of "Wed, 26 Jul 2000 14:53:52 EDT."
             <F504A8CEE925D411AF4A00508B8BE90A039283@exna07.securitydynamics.com> 
Date: Wed, 26 Jul 2000 16:02:11 -0400
From: "Peter D. Junger" <junger@samsara.law.cwru.edu>

"Trei, Peter" writes:

: I hope that reference is made to Judge Patels determination that
: source code (at least) is speech in the Junger(?) case.

In earlier proceedings there was extensive reference by the defendants
to the holding of the 6th Circuit in the Junger case, and there was also
reference to the Patel decision as I recall in the Bernstein case.

The transcript of yesterday's hearing indicates that the judge seemed
to agree that both source and object code are protected to some degree 
by the First Amendment.   His question had to do with the degree of that
protection.

<http://www.eff.org/pub/Intellectual_property/Video/MPAA_DVD_cases/20000725_ny_trial_transcript.html>

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists


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