Second Circuit Ruling on source code

["Michael Jang" <mjang geocities com>]

Folks,

I'm listening to a legal presentation on publishing from the Waterside
writer's conference, and Jon Tandler of Isaacson, Rosenbaum, Woods &
Levy, P.C. says there was a recent ruling by the Second Circuit Appeals
court (I think it covers New York state and maybe CT) - that sounds like
it goes beyond the GPL.

Essentially, he's saying that Second Circuit ruling protects source code
as free speech, as opposed to something that can be copyrighted.

Tandler went on to say that the rulings of other US circuit courts are
in conflict with this ruling.

Can anyone here point me to the current case law for these rulings, as
how they affect the GPL? What have other circuits said about source
code, free speech, and copyright law?

If this isn't the right forum, can you point me in the right direction?

Thanks,
Michael Jang