Cryptome.org: Friend of Court Brief: DeCSS is a copyrightable literary work; DMCA cited to prove it

“Copyright law already recognizes that code, both source and
object, may be copyrighted as a literary work or an original work
of authorship. 17 U.S.C. 102(a)(1). It does not take a leap of
faith to say that a copyrightable literary work is a work entitled
to full First Amendment protections, regardless of its
functionality.”

“The law does not allow for the copyright of abstract ideas,
procedures, processes, methods of operation, facts, or even “sweat
of the brow” compilations of facts. … Stated otherwise, copyright
is proper only for particular expressions of ideas, including ideas
expressed in “literary works.”

“The fact that computer code is copyrightable means that it
is protected by the First Amendment. Copyright law, of which DMCA
is a part, confirms the point:

In view of the First Amendment protections already

embodied in the Copyright Act

’

s distinction between copyrightable

expression and uncopyrightable facts and ideas, and the latitude

for scholarship and comment traditionally afforded by fair use, we

see no warrant for expanding the doctrine of fair use

…

.

”

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