Talk:Bernstein v. United States
|WikiProject Law||(Rated Stub-class, Low-importance)|
|WikiProject Cryptography / Computer science||(Rated Start-class, Mid-importance)|
I have found the below text pointing to this article. Maybe its some guide to you on the importance of the subject. Maybe someone can make use of it for improving the article itselves. --09:25, 16 Dec 2004 (UTC)
Does this case trump the DMCA provision banning the publication/distribution of software that circumvents content access controls if the software is distributed in source code? I could see how binaries (and definitely machine code) would be an issue, but distributing programs as source to be compiled by the user themself shouldn't be an issue if the code is speech. It's possible that the compiler (if it's distributed with the circumventing program's source) would be illegal but then people could just (assuming they have the technical know-how, which most don't) compile the circumventor themself. SteveSims (talk) 22:39, 4 December 2007 (UTC)
- You could try to make that argument in court, but whether it would win or not is another matter. If you want legal advice, best consult a lawyer, and if you find one who will tell you for sure how such a case would be decided, I'd suggest getting a second opinion. --agr (talk) 20:21, 6 December 2007 (UTC)
Quoting from the article:
The government modified the regulations again, substantially loosening them, and Bernstein, now a professor at the University of Illinois at Chicago, challenged them again. This time, he chose to represent himself, although he had no formal legal training. On October 15, 2003, almost nine years after Bernstein first brought the case, the judge dismissed it and asked Bernstein to come back when the government made a "concrete threat".
And quoting from WP's WikiLeaks:
US Senator Joe Lieberman, who first called on Amazon to shut down WikiLeaks and then praised the company after doing so called for other companies to follow suit.
Does the latter constitute an example of the former's "concrete threat" ?