Re "Is Source Code Is Like a Machine Gun?" A better thought experiment would be a numerically controlled machine and a control tape, which, when the machine is turned on, produces sculpture that is also a machine gun (or merely the sear for a machine gun which can be dropped into a semi-automatic commodity rifle). The NCM is as neutral as the CPU. Also Junger is incorrect when he says "the function of a machine gun is to kill". The function of a machine gun is to propel bullets at a given rate, given a supply of cartridges, when asked to do so by a human. The human who points the machine gun decides whether to kill or merely punch holes in paper. If you don't understand the distinction you should probably avoid handling sharp objects. And you probably don't understand that a P2P program is not for ripping off hollywood but for free communication; its the user who decides what content to use the tool with.
Eugene Volokh has posted a message on the Cyberprof email list seeking comments on a thought experiment as to whether the same scope of first amendment protection should be accorded to a sculpture which happens also to be a working automatic weapon as to the ``source code'' of a computer
program that can be used for illegal activities.<<