>Date: Thu, 01 Nov 2001 13:02:54 -0800 >From: "James S. Tyre" >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." > This 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