Is the essay banned, or just the cracking program?
All the court documents refer to “cphack.exe and cp4break.zip”. Since cp4break.zip is a package that includes the essay as well as the source code for the three programs and binary for one of them, I think the essay is included in the material at issue. The plaintiffs have claimed in their press releases that they were only upset about the “Bypass Code” (i.e. cphack), not the critical essay, but their court filings have always been careful to include everything. A rational person examining the facts of the case might well suspect that the essay, which reveals the poor workmanship of Cyber Patrol, might be much more upsetting to them than the decryption software, which they can easily render ineffective with a slight patch to their own product. That could explain why they’ve been careful to get the court to rule on the essay, while playing up the software as the villain in the press releases. But that is only speculation.
