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Is Source Code Protected
Speech?
"While source code can be easily compiled into object code by a
user, ignoring the distinction between source and object code obscures
the important fact that source code is not meant solely for the
computer, but is rather written in a language intended also for
human analysis and understanding." - 1999 Federal Court ruling in
California.
"Code is law." - hacker ethic
The right to determine, review, and change the source code of the
programs in use around you may be considered analagous in spirit
to Amendments 1 and 2 to the U.S. Constitution. That is, if the
right of the people to keep and bear arms is a check against military
tyranny, if the preservation of a free press is a check against
political tyranny, then the right of access to source code is a
check against the possibility of human enslavement by machines:
technological tyranny.
I mean, do you have any idea what your ATM is capable of??? Neither
does your ATM. Unlike a human following some policy, computers are
blindly capable of whatever they are programmed to do.
(And by the way, Amendment
II is all about a well-regulated militia, not well-armed individuals.
You don't have the right to hide your gun, and your right to own
it may be restricted unless you are actually part of a well-regulated
militia.)
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