From: "Attila T. Hun" <attila@primenet.com>
Date: Sat, 21 Dec 1996 22:26:33 -0800 (PST)
To: The Deviant <deviant@pooh-corner.com>
Subject: Re: Bernstein (export laws unconstitutional) decision update
In-Reply-To: <Pine.LNX.3.95.961221074912.234A-100000@batcave.intrex.net>
Message-ID: <199612220628.XAA01413@infowest.com>
MIME-Version: 1.0
Content-Type: text/plain


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In <Pine.LNX.3.95.961221074912.234A-100000@batcave.intrex.net>, on 12/21/96 
   at 07:51 AM, The Deviant <deviant@pooh-corner.com> said:

::On Fri, 20 Dec 1996, Michael Tighe SUN IMP wrote:

::> John Gilmore writes:
::> 
::> >After further consultations with the attorneys, we are not sure
::> >whether the decision has nationwide impact or whether it is limited 
::> >to the Northern District of California (which includes SF and 
::> >Silicon Valley).
 
::Your Mileage May Vary -- check with your lawyer.

    <attila:>

        and where does the average hacker find a reliable attorney in 
    these matters?  more likely you will find the usual charlatan 
    mouthpiece who will give it a whirl, be body-traded out, and still 
    take your money.
    
        and that is just what is so special about pro bono attorneys: 
    they have their soul on the line; and, even better, when the 
    horsepower has the folks at Baker & Hostetler behind them (even if 
    their head office is in Cleveland --my mother remembered Hostetler 
    when he helped his father deliver milk door to door in East 
    Cleveland (in the 1910s!))

    </attila>

::> 
::> The decision itself says it only applies to Bernstein, and then only 
::> for source code.
::> 

::The fact that one judge says his ruling only applies to one person is
::irrelevant ; his decision can, and probably will, be used as precedent 
::in other cases, which is the good that it really serves in the first 
::place. More power to Mr. Bernstein and all, but in reality this case 
::has almost nothing to do with him in particular.  The real usefullness 
::of this case is so that other judges can see that at least one judge 
::believes that the law _can_ be wrong, even if only in specific cases.

    <attila>

        Absolutely! 

        Given the concept I propounded a few days ago that each Federal 
    District Judge is his own 'Judge Roy Bean, Law West of the Pecos," 
    he still has reference to the decision; he can either use it as the
    basis of the decision in his court, or he can ignore. If the case has        
    been to appeal and affirmed; and, Judge Roy is in the same appeals 
    circuit, an adverse decision is not likely to stand.

        What's the point?  PRECEDENCE!

        Bernstein (who hung on despite dealing with a mute point in his
    own case), the EFF, and all the <i> pro bono </i> attorneys who made
    the case successful are to be congratulated.  

        We, if we love our freedom, owe all of the players a rather large 
    debt of gratitude for blowing a hole in Fort Clinton.

        and, I will stand up and say "thank you!" any place I can.

    </attila>
  ==
    Tyranny Insurance by Colt Manufacturing Co.

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