In its ongoing battle with federal law enforcement agencies over its refusal to unlock the iPhone, Apple has mounted a ‘Code is Speech’ defense arguing that “the First Amendment prohibits the government from compelling Apple to make code.” This has provoked some critical commentary, including an article by Neil Richards, which argues that Apple’s argumentContinue reading “Apple’s ‘Code Is Speech’ Argument, The DeCSS Case, And Free Software”
Tag Archives: DMCA
Nice Try NSA-Defenders (Not!)
There are two very bad arguments and one rather illiterate confusion making the rounds in the wake of the NSA surveillance scandal. I’ll consider each of them briefly. First, we have the ‘it was legal’ argument: the surveillance was sanctioned by the Patriot Act, approved by FISA courts, and Congress was in the loop etc.Continue reading “Nice Try NSA-Defenders (Not!)”
The ‘Long Live the Paper Book’ Argument Needs To Mention DRM
Justin Hollander’s defense of the traditional paper book (‘Long Live Paper’, New York Times, 10 October 2012) is well-meant but given the severity of the challenge it faces from e-books, it is a relatively milquetoast argument. It gets to the nitty-gritty late, and as such is unlikely to convince those enamored of their convenient, pocket-stuffing e-readers.Continue reading “The ‘Long Live the Paper Book’ Argument Needs To Mention DRM”