on content, as inconsistent' with First Amendment); Simon & Schuster, Inc. v. Members of N.Y. State Crime Victims Bd., 502 U.S. 105, 116, 112 S.Ct. 501, 116 L.Ed.2d 476 (1991) (invalidating as inconsistent with the First Amendment New York’s “Son of Sam” law, which required a criminal’s income from works describing his crime be deposited into an escrow account for the benefit of victims of crime). Second, the government contends that computer code is not speech and hence is not subject to First Amendment protections. The court disagrees. Computer software is expression that is protected by the copyright laws and is therefore “speech” at some level, speech that is protected at some level by the First Amendment. See Sony Computer Entm’t v. Connectix Corp., 203 F.3d 596, 602 (9th Cir.) (<HOLDING>), cert. denied, 531 U.S. 871, 121 S.Ct. 172,
recognizing that immunity may be waived recognizing that source code is speech but not reaching the object code issue recognizing that object code may be copyrighted as expression under 17 usc  102b recognizing implied private action under the school code as to chapter 1 funds recognizing that code is speech