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IP: DeCSS lauded as copyrightable literary work: Good Morning Silicon Valley Thu Jan 25 12:45:12 EST 2001


From: Dave Farber <dave () farber net>
Date: Sat, 27 Jan 2001 10:20:21 -0500



I was originally one of the filers but since EFF is deeply involved with
the suit and since I am a member of the EFF Board, I had to remove my name
but not my personal support of the brief. djf


DeCSS lauded as copyrightable literary work: A coterie of reputable
computer science professors from some of the nation's top universities --
among them <http://cm.bell-labs.com/who/bwk/>Brian Kernighan,
<http://www.ai.mit.edu/people/minsky/minsky.html>Marvin Minsky and
<http://www.stallman.org/>Richard Stallman -- have filed a
<http://cryptome.org/mpaa-v-2600-bac.htm>friend-of-the-court brief in
support of 2600 Magazine, the hacker quarterly now knee-deep in a
<http://www.2600.com/dvd/docs>nasty court battle with the entertainment
industry over its hosting of the
<http://www.eff.org/pub/Intellectual_property/Video/>DeCSS DVD decryption
utility. The professors have voiced opposition to a lower court injunction
preventing 2600 from hosting or linking to the controversial technology,
asserting that <http://www.theregister.co.uk/content/4/16359.html>computer
code is indeed a form of free speech protected by the First Amendment.
"Copyright law already recognizes that code, both source and object, may
be copyrighted as a literary work or an original work of authorship," the
scientists wrote. "It does not take a leap of faith to say that a
copyrightable literary work is a work entitled to full First Amendment
protections, regardless of its functionality."



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