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We spent a lot of years with export controls on a lot of things, and continue to have them on many pieces of software. Trying to do legal jujitsu to say “the co
by rtpg 4y ago
We spent a lot of years with export controls on a lot of things, and continue to have them on many pieces of software. Trying to do legal jujitsu to say “the code is speech”, especially given SCOTUSs current makeup, and the context of this being components of literal weapons systems… you’re not gonna get far IMO
- netr0ute 4y agoThis doesn't hold up if the software is baked into things that are undoubtedly protected by the 1st Amendment. What's going to happen if a music album uses ITAR technology?
- some_random 4y agoHow is a music album free speechier than a github repo?
- netr0ute 4y agoMusic has always been protected from the beginning of the Constitution and there have been zero (0) efforts to prevent its protection, while online code repos have only existed for about 30 years and don't have that same cachet yet.
- DaiPlusPlus 4y ago> Music has always been protected from the beginning of the Constitution and there have been zero (0) efforts to prevent its protection Tipper Gore?
- netr0ute 4y agoThe music labels never actually got rid of anything in a technical sense, only added information in the form of a sticker.
- dandelany 4y agoThis is a strange legal take. There is nothing about music that makes it special in the eyes of the law, it is speech like any other, subject to the same protections and restrictions as publishing a book. If you release an album containing nuclear secrets on Spotify, an injunction, removal and arrest will follow.
- netr0ute 4y agoWe don't actually know that this is true, because if you don't take the law literally like a lot of coders do, then that scenario isn't known to be possible because the format is a more explicit from of protected speech
- coretx 4y agoThe opposite is true. Constitutions ( plural ) protect the access to, and therefore the production. This to the point that "protections" that don't contribute to primairily the access and secundairily to the production thereof could be deemed unconstitutional.
- wnoise 4y agoThat just means it's covered by both the first and second amendments.