Question: Question 1 3 1 p t s After Bernstein, what is the legal status of object code under the First Amendment? Its legal status is
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After Bernstein, what is the legal status of object code under the First Amendment?
Its legal status is not clear. While the Second Circuit concluded that object code, like source code, can be used to convey information and ideas, other courtsincluding the US Supreme Courthave yet to take up the issue.
Courts postBernstein have consistently ruled that object code, unlike source code, is too functional to merit First Amendment protections.
After Bernstein, all forms of computer code are entitled to the protections of the First Amendment.
Bernstein does not address the legal status of object code, and no other court has conclusively ruled on this issue.
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