[Free-sklyarov-uk] a win for sanity! and free speech

Ian Firla ian at maul.deepsky.com
Mon, 5 Nov 2001 14:23:46 -0500 (EST)


Dear All,

This is a Big Win! with a profound, imo, impact in Dmitry's case (not
least because the judgement comes from a California Appellate court):

http://www.theregister.co.uk/content/55/22613.html

The key message here, beautifully phrased:

"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.

"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."

Best,

Ian

------------
Dr Ian Firla
Robert Graves Trust
St John's College, Oxford
OX1 3JP - +44-(0)7855-310565
http://www.robertgraves.org