Comment Re:Software and the First Amendment (Score 1) 478
Is code even related to the first ammendment. Correct me if I am wrong, but the first ammendment (free speech) really only concerns opinions and beliefs. It means that you are free to say and believe whatever you wish. I dont believe that code is really related in any way to the first ammendment, or really to any kind of writing, in that code is hard fact (assuming it is well written), not an opinion or belief. Any code, once run, is concrete, it does exactly what it is written to do.
A religious text, protected under the first ammendment, may claim that all other religions are false, and the participants in sed religion believe this. But anybody is allowed to believe, or not believe this religious text.
On the other hand, say a program is written that encrypts a certain file. It doesnt matter if you believe that the file is encrypted, it just is. Its in the nature of programming. If somebody else writes a program that decrypts this certain file, it matters not if you believe that the file is decrypted, it just is.
When seen in this light, it seems to me that code functions very differently then other forms of speech, and it doesnt seem logical that it be protected by the first ammendment.
---Alex---
A religious text, protected under the first ammendment, may claim that all other religions are false, and the participants in sed religion believe this. But anybody is allowed to believe, or not believe this religious text.
On the other hand, say a program is written that encrypts a certain file. It doesnt matter if you believe that the file is encrypted, it just is. Its in the nature of programming. If somebody else writes a program that decrypts this certain file, it matters not if you believe that the file is decrypted, it just is.
When seen in this light, it seems to me that code functions very differently then other forms of speech, and it doesnt seem logical that it be protected by the first ammendment.
---Alex---