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Re: Bernstein (export laws unconstitutional) decision update
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In <[email protected]>, on 12/21/96
at 07:51 AM, The Deviant <[email protected]> said:
::On Fri, 20 Dec 1996, Michael Tighe SUN IMP wrote:
::> John Gilmore writes:
::>
::> >After further consultations with the attorneys, we are not sure
::> >whether the decision has nationwide impact or whether it is limited
::> >to the Northern District of California (which includes SF and
::> >Silicon Valley).
::Your Mileage May Vary -- check with your lawyer.
<attila:>
and where does the average hacker find a reliable attorney in
these matters? more likely you will find the usual charlatan
mouthpiece who will give it a whirl, be body-traded out, and still
take your money.
and that is just what is so special about pro bono attorneys:
they have their soul on the line; and, even better, when the
horsepower has the folks at Baker & Hostetler behind them (even if
their head office is in Cleveland --my mother remembered Hostetler
when he helped his father deliver milk door to door in East
Cleveland (in the 1910s!))
</attila>
::>
::> The decision itself says it only applies to Bernstein, and then only
::> for source code.
::>
::The fact that one judge says his ruling only applies to one person is
::irrelevant ; his decision can, and probably will, be used as precedent
::in other cases, which is the good that it really serves in the first
::place. More power to Mr. Bernstein and all, but in reality this case
::has almost nothing to do with him in particular. The real usefullness
::of this case is so that other judges can see that at least one judge
::believes that the law _can_ be wrong, even if only in specific cases.
<attila>
Absolutely!
Given the concept I propounded a few days ago that each Federal
District Judge is his own 'Judge Roy Bean, Law West of the Pecos,"
he still has reference to the decision; he can either use it as the
basis of the decision in his court, or he can ignore. If the case has
been to appeal and affirmed; and, Judge Roy is in the same appeals
circuit, an adverse decision is not likely to stand.
What's the point? PRECEDENCE!
Bernstein (who hung on despite dealing with a mute point in his
own case), the EFF, and all the <i> pro bono </i> attorneys who made
the case successful are to be congratulated.
We, if we love our freedom, owe all of the players a rather large
debt of gratitude for blowing a hole in Fort Clinton.
and, I will stand up and say "thank you!" any place I can.
</attila>
==
Tyranny Insurance by Colt Manufacturing Co.
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