From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Wed, 18 Dec 1996 07:24:09 -0800 (PST)
To: Law &amp; Policy of Computer Communications <cypherpunks@toad.com>
Subject: Computer Programs as Text
Message-ID: <199612181521.KAA17456@pdj2-ra.F-REMOTE.CWRU.Edu>
MIME-Version: 1.0
Content-Type: text/plain



I wrote a little article on Understanding Computers and the Law for my
class in Computers and the Law.  The major theme of this article is
the importance of distinguishing between computer programs as text
and computer programs as functional processes.  

That theme is also a central issue in the suit that I am bringing to
enjoin the enforcement of the cryptographic portions of the ITAR as
they apply to software.

I intend to expand the article and ultmately submit it for publication
in a law journal but in the meantime I have posted an html version on
my web server.  The URL is <http://samsara.law.cwru.edu/comp_law/why1.html>.  

This draft need considerably more work on the last two sections (and I
have to include the illustrations, which are a couple of pictures from
Alice in Wonderland).  But I am making it availabele in this
pre-publication form because it may have some insights that some of
you might find interesting and because I am interested in your
reactions and insights.  I especially would like to hear from real
programmers who view their programs as ``works of authorship'' (and
from those who don't).  That is not only important as an academic
matter; if we can get the courts to recognize that programs as written
and communicated are texts much like other texts, it will be difficult
to deny them the full protection of the first amendment.

Ciao,
Peter
--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet:  junger@pdj2-ra.f-remote.cwru.edu    junger@samsara.law.cwru.edu
		     URL:  http://samsara.law.cwru.edu