Code as speech: A discussion of Bernstein V. USDOJ, karn V. USDOS, and junger V. Daley in light of the U.s. Supreme court's recent shift to federalism [Book Review]

The purpose of this paper is to address the question of whethercomputer source code is speech protected by the First Amendmentto the United States Constitution or whether it is merelyfunctional, a ``machine'', designed to fulfill a set task andtherefore bereft of protection. The answer to this question is acomplex one. Unlike all other forms of ``speech'' computer sourcecode holds a unique place in the law: it can be copyrighted, likea book and it can be patented like a machine or process.Case law, intellectual property law and encryption exportregulations all reflect this contradictory dichotomy.
Keywords BSD   GPL   UCITA   artistic license   code   cryptography policy   democracy   encryption   free software   governance   intellectual property   law   liability   open source   source code   speech
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,351
External links
  • Through your library Configure
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles

    Monthly downloads

    Sorry, there are not enough data points to plot this chart.

    Added to index


    Total downloads

    1 ( #306,128 of 1,088,389 )

    Recent downloads (6 months)


    How can I increase my downloads?

    My notes
    Sign in to use this feature

    Start a new thread
    There  are no threads in this forum
    Nothing in this forum yet.