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Re: [dvd-discuss] Bunner wins DeCSS trade secret appeal
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: Re: [dvd-discuss] Bunner wins DeCSS trade secret appeal
- From: Bryan Taylor <bryan_w_taylor(at)yahoo.com>
- Date: Thu, 1 Nov 2001 13:19:33 -0800 (PST)
- In-Reply-To: <4.3.2.7.2.20011101152803.02b655c0@seltzer.com>
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
Hmmm.... It's not all good. It appears that the Court's reasoning is based on a
differentiation between source and object code. It based it's decision on the
source code form of DeCSS:
<quote>
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.
</quote>
Although, i have to ask, if the object code does not convey ideas, how can it
result in the improper disclosure of the trade secret?
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