IP: DeCSS is Speech

[David Farber <dave () farber net>]

> Date: Thu, 01 Nov 2001 13:02:54 -0800
> From: "James S. Tyre" <jstyre () jstyre com>
> Subject: DeCSS is Speech
>
> "Like the CSS decryption software, DeCSS is a writing composed
> of computer source code which describes an alternative method of
> decrypting CSS-encrypted DVDs.  Regardless of who authored the
> program, DeCSS is a written expression of the author's ideas and
> information about decryption of DVDs without CSS. If the source code
> were "compiled" to create object code, we would agree that the
> resulting composition of zeroes and ones would not convey ideas.
> (See generally Junger v. Daley, supra, 209 F.3d at pp. 482-483.)
> That the source code is capable of such compilation, however, does
> not destroy the expressive nature of the source code itself. Thus, we
> conclude that the trial court's preliminary injunction barring Bunner
> from disclosing DeCSS can fairly be characterized as a prohibition of
> "pure" speech."
>
>
> The is *not* from the Second Circuit, where we did the amicus brief.  This 
> is from the California state court trade secrets case, DVDCCA v. Bunner, 
> in which the court today reversed the preliminary injunction issued 
> against the Defendants.  PDF Opinion: 
> http://www.courtinfo.ca.gov/opinions/documents/H021153.PDF
>
>
> --------------------------------------------------------------------
> James S. Tyre                               mailto:jstyre () jstyre com
> Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
> 10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
> Co-founder, The Censorware Project             http://censorware.net


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