[Free Dmitry!] [Why You Should Use Encryption]
GoingWare Inc. as a company and I, Michael D. Crawford strongly support freedom of speech. I believe that computer source code is constitutionally protected free speech.
This view is upheld by the 9th Circuit U.S. Court of Appeals, who ruled in the Bernstein cryptography case that source code is protected speech. Further, the 6th Circuit Court of Appeals ruled in the Junger case that, independent of its functional significance, the expressive nature of source code affords it First Amendment protection:
The Supreme Court has explained that "all ideas having even the slightest redeeming social importance," including those concerning "the advancement of truth, science, morality, and arts" have the full protection of the First Amendment...
Because computer source code is an expressive means for the exchange of information and ideas about computer programming, we hold that it is protected by the First Amendment.
More detailed discussions of this will come soon. Meanwhile, may I suggest you also read Why You Should Use Encryption and the importance of speaking out when you have something to say.
One has a moral responsibility to disobey unjust laws.
New! Read Practice Civil Disobedience from my article Links to Tens of Thousands of Legal Music Downloads.
I want to make it clear that while I feel the Content Scrambling System is annoying and a violation of antitrust laws, and the Digital Millenium Copyright Act is a violation of established Supreme Court precedent of authorizing Fair Use, the reason I have provided this page in protest is specifically because Judge Kaplan's decision in the 2600 case is a violation of constitutional rights, in particular his memorandum order holding that source code is not protected speech.
While the Motion Picture Association and Jack Valenti are at fault here, the greater fault lies with Judge Kaplan in failing in his sworn duty to uphold the United States Constitution.
Judge Kaplan's decision represents a far greater danger than the ability to view digital movies where you want on the operating system of your choice, or even to be able to share them over the Internet. It represents a danger to your security to rest safe in your bed at night, knowing that you are safe to say what you wish without fear of oppression by your government.
Support the Electronic Frontier Foundation's DVD Legal Battle
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