Re: [dvd-discuss] The power of a click

[Steve Stearns <sterno(at)bigbrother.net>]

On Sun, 2 Dec 2001 microlenz@earthlink.net wrote:

> Part of the problem Kaplan and the appellate court have been
> grappling with is the ease with which something can be done
> (mouse click) and disseminated (internet). While I can understand
> their concerns, creating the fiction of "functional" speech is not the
> answer.

Right, they've basically eliminated the distinction between compiled
binaries and source code.  The only distinction between them from a legal
perspective, it seems, is that one can be consiered expressive and one
cannot.  But given that they don't seem to think that consideration
overrides the functional aspects of it, it becomes essentially
meaningless which seems like a major shift in the courts stance on
computer code.

---Steve