April 27, 2006
Judges Embeds a Puzzle in Ruling for 'Da Vinci Code' Case
By SARAH LYALL

LONDON, April 26 — Justice Peter Smith's 71-page ruling in the recent "Da Vinci Code" copyright case here is notable for many things: the judge's occasional forays into literary criticism, his snippy remarks about witnesses on both sides, and his fluent knowledge not only of copyright law but also of more esoteric topics like the history of the Knights Templar.

But there is more to it than that. Embedded in the first 13½ pages of the ruling is Justice Smith's very own secret code, one that when partly solved reveals its name: the Smithy Code.

"The key to solving the conundrum posed by this judgment is in reading HBHG and DVC," the judge writes in the 52nd paragraph of the ruling, alluding to his code and referring to the two works at issue in the case —"The Holy Blood and the Holy Grail" and "The Da Vinci Code" — by their initials. (In the United States, the book is called "Holy Blood, Holy Grail.")

On April 7 Justice Smith ruled that Random House, publisher of the megaselling "Da Vinci Code," did not violate the copyright of "The Holy Blood and the Holy Grail," a nonfiction work published in 1982 that spins an elaborate theory about how Jesus married Mary Magdalene and how their descendants still live in southern France. Two of the book's authors contended that Dan Brown, who wrote "The Da Vinci Code," lifted the central "architecture" of their book and had thus violated their copyright. (The third author of "Holy Blood, Holy Grail," Henry Lincoln, did not participate.)

The decision was a resounding slap in the face to the two plaintiffs, Michael Baigent and Richard Leigh. But it was also an opportunity for Justice Smith to indulge in a flight of judicial and cryptological fancy.

The first clue that a puzzle exists lies in the typeface of the ruling. Most of the document is printed in regular roman letters, the way one would expect. But some letters in the first 13½ pages appear in boldface italics, jarringly, in the midst of all the normal words. Thus, in the first paragraph of the decision, which refers to Mr. Leigh and Mr. Baigent, the "s" in the word "claimants" is italicized and boldfaced.

If you pluck all the italicized letters out of the text, you find that the first 10 spell "Smithy Code," an apparent play on "Da Vinci Code." But the next series of letters, some 30 or so, are a jumble, and this is the mystery that needs to be solved to break the code.

In a brief telephone interview on Wednesday, Justice Smith declined to provide a solution for a puzzled reporter. Nor would he explain how he had put the code in his ruling, or how long it took him to figure out how to do it.

"I can't discuss the judgment until after I retire," he said.

But in a series of brief and ultimately frustrating e-mail messages during the last couple of days, the judge provided a series of intriguing clues. First he said that the different ways codes are broken in "Holy Blood, Holy Grail" and "The Da Vinci Code" should be considered. The idea for the italicized letters, he suggested, came from "Holy Blood, Holy Grail."

He then suggested moving on to "The Da Vinci Code" and applying one of the code-breaking methods used by its protagonists to solve the mystery of the jumbled letters. "Think mathematics," he wrote at one point. He drew attention to his own entry in Who's Who — in which he lists an interest in the history of Jackie Fisher, an admiral who modernized the British Navy, a possible reason that his e-mail address contains the word "pescator," implying fisherman — and said that the date 2006 was significant.

He even mentioned a page number in "The Da Vinci Code" by way of trying to help. But he declined to go further, saying that "anything else gives it on a plate."

It has been nearly three weeks since he handed down the ruling. Probably disappointingly for Justice Smith, nobody seemed to notice anything unusual about it when it was first released. But he alluded to the possibility that there was something more soon afterward as a throwaway line in an e-mail exchange with a reporter for The New York Times, saying, "Did you find the coded message in the judgment?"

On vacation in Florida, the judge then declined via e-mail to elaborate much further, other than to refer to anomalies in the typeface. "Start with 's' and keep looking up to Page 18 approximately when the fonts stop," he wrote.

Meanwhile, back in London, Daniel Tench, a partner at the law firm Olswang, was reading the ruling and noticed something odd about the type. "At first I thought it was a mistake," he said on Wednesday. "It's not usual practice for a High Court judge to issue a ruling in which he has hidden an encrypted message."

Not knowing if there was anything there, though, Mr. Tench mentioned it to a reporter who compiles a column about legal affairs for The Times of London. After that paper printed a small item quoting him discussing the typeface, Mr. Tench was nonplussed to receive an e-mail message from Justice Smith confirming that yes, there was indeed a code, but that Mr. Tench had missed the first letter "s."

"It is always best to start at paragraph 1!" the judge wrote.

Speaking to the Bloomberg news service late on Wednesday, Justice Smith once again declined to provide any answers. Explaining why he made up his own code, he said it was "a bit of fun."

itre.cis.upenn.edu/~myl/lan...3158.html


& what about Edward Winter, hunh?