Date: Thu, 6 May 1999 15:53:27 -0700 (PDT)
    From: Phil Karn <[EMAIL PROTECTED]>

    I don't see the term "assembly" anywhere in the opinion, and in
    context I don't think this court would have a problem classifying an
    assembler implementation of DES as "source code" for the purposes of
    First Amendment protection. After all, both C and assembler are
    "source code" written so humans can understand it.

Precisely.  (And yes, they don't use the term "assembly" anywhere; I
was interpreting "low-level" the way programmers do, which may not be
what the court would do.)

          it would be a simple manner to distribute a makefile (and
    possibly a compiler) with the source so a user could generate object
    code as needed.

Akin to a self-extracting archive---in this case, self-compiling.
Java, or languages such as Scheme, would presumably also fall into
this interpretation.

    Perhaps it would actually be a blessing to have such a restriction to
    source code. It would help boost the Open Source movement, and it
    would also help make distributed encryption code easier to examine for
    bugs and trojan horses...

...er, uhm, assuming we're -not- also shipping a compiler with that
source, given the problems of trusting that compiler, etc.

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