Computer Programs as Text

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
participants (1)
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Peter D. Junger