RE: [dvd-discuss] Bunner wins DeCSS trade secret appeal

[Richard Hartman <hartman(at)onetouch.com>]

> -----Original Message-----
> From: Bryan Taylor [mailto:bryan_w_taylor@yahoo.com]
> Sent: Thursday, November 01, 2001 1:20 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] Bunner wins DeCSS trade secret appeal
> 
> 
> 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?
> 

It can't.  Although it could be used to show improper
knowledge of the trade secret ("proof" as it were that
you stole their secret, even if you aren't disclosing
it).  Object code would also be a DMCA violation, where
it appears that source code is not.  A big boost for
open source, eh?

-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi./sec ... not just a good idea, it's the LAW!