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

[David Haworth]

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On Tue, Nov 06, 2001 at 03:38:02PM +0000, Julian T J Midgley wrote:
> This may be true, but Dmitry is being prosecuted under the DMCA, and not
> trade-secret law, so the source-code is pure speech argument is less of
> a killer (although, if his lawyers argue "academic research", or "fair
> use", I agree with both Ian and you that Dmitry has a better chance of
> being found innocent than he did before the DeCSS "code =3D=3D pure speec=
h"
> finding).

It seems to me that there are 2 parts to the decision:

 1. Source code =3D=3D speech (and is therefore granted 1st amendment
    protections)
 2. 1st amendment > trade secrets

1. is relevant to Dmitry (and Goldstein). 2. isn't.

What this has to do with the softman v. adobe (someone posted the link)
isn't clear. That seems to be a "software =3D=3D goods" and first-sale
decision. The original case being discussed was DVDCCA v. Bunner et al

--=20
David Haworth
Baiersdorf, Germany
david.haworth at altavista.net

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