Open software and constitutionally protected speech

[Robin M. Stephens]

Hello all,

A judge declares that software is "inherently functional" and thus is not
protected by the constitution.  This has implications on the US laws
relating to the export of strong encryption software.

Is software a form of expression or is it inherently functional?

http://slashdot.org/articles/980811/2153219.shtml

And also the Softspeech discussion web pages are here.

http://samsara.law.cwru.edu/~sftspch/

Robin