Do the MPAA lawsuits against those who are distributing DeCSS violate the First Amendment? Doesn the right to free speech include the right to distribute computer code?
The First Amendment protects free expression. The motion picture industry has always been zealous in its determination to protect free expression and has always fought hard to ensure that our creative artists have the freedom to create their own vision for a film, unfettered. However, not every word and not every form of computer code is protected by the concept of free expression embodied in the First Amendment. The law has long recognized that words can be criminal acts and that such “expressions” are not entitled to First Amendment protection. No one could deny, for example, that the words “give me all your money” are a form of expression, but when spoken to a bank teller while holding a weapon, they are simply the ultimate step in the act of robbery. DeCSS does not convey information, ideas, opinions, or any expression at all. While it uses computer code, its sole function is to circumvent copyright protection and gain unauthorized access to the creative works of others. DeCSS is s
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