From jei at cc.hut.fi Sat Dec 1 04:46:04 2001 From: jei at cc.hut.fi (Jei) Date: Fri Jul 8 22:09:25 2005 Subject: [free-sklyarov] How to fight DMCA and why the arrest of Sklyarov? Message-ID: The article quoted below isn't on topic, but I think the opinion and situation it describes can also be seen as explaining (at least to me) why in the world Sklyarov is being harrassed and DMCA is being enforced, as well as other civil liberties are being eliminated. The thing is all about politics. MPAA and RIAA want the powers to go after people for simple economical reasons, and they lobby the FBI and politicians who decide to go after the people. People need to form a political coalition showing that this is bad karma for politicians and does not pay off for them. Right now, the view is contrary, and politicians feel they even benefit from stripping the people naked of their rights, as long as the "terrorists" are caught, anything related is allright in the political and policing arena. This goes well with Adobe, MPAA and RIAA, and FBI is happy to get more fame, work and money. Well, the POLLS need to tell a different story, or civil rights will be eliminated. I suggest people set up web-pages to give politicians some real figures and ask real questions, instead of letting Adobe, MPAA and RIAA feed their fixed polls to the politicians telling how it's OK to all eliminate civil rights and let the military take-over to continue. Essentially, all the big cases are about politics, and POLLS are what decide their outcome in the US. Those who control the polls that the politicians see, control the US. On Fri, 30 Nov 2001, Mario Profaca wrote: > The Iraq Debate As It Is > http://www.aaiusa.org/newsandviews/washingtonwatch/080299.htm > > By Dr. James J. Zogby ? President Arab American Institute > > Aug. 2, 1999 > > I recently participated in a live debate carried on one of the Arab > satellite networks. It was not so much a debate, however, as it was an > exercise in frustration?for both my opponent and myself. The difficulty was > not that we disagreed, rather, it was that we spent the better part of our > hour-long discussion, talking past each other. > > My opponent was the editor of a pan-Arab newspaper. Our topic was U.S. > policy toward Iraq and Libya. He was eloquent and forceful in making his > case?one that is, no doubt, shared by many in the Arab world. > > He argued, for example, that the United States maintained a double standard > in dealing with the Arab world, and with the implementation of UN Security > Council Resolutions and international law. The United States, he claimed, > was the world?s sole super power, bent on imposing its political will not > only on a weak Arab world, but on Europe, Asia, and Africa as well. In too > many instances, he argued, the United States turned a blind eye to > violations of human rights and international law when these were committed > by U.S. allies or when they occurred in regions of the world not critical to > U.S interests. He further argued that the United States reserved its wrath > for Arab countries, especially for those that did not bend to U.S. dictates. > > The United States? determination to indefinitely continue economic sanctions > against Iraq and push for the overthrow of the regime in Baghdad and the > commitment to continue sanctions against Libya despite that government?s > decision to turn the Lockerbie suspects over for trial, both, he concluded, > undercut the authority and legitimacy of the United Nations and transformed > the UN into a powerless tool which the United States used for its own > purposes. > > This I believe was the essence of his case, which I hope I have conveyed > correctly. In my response, I could not present the hollow rationalizations > for U.S. policy that all too frequently are used to justify U.S. actions. In > some instances I would not refute his observations about U.S. > policy?because, as observations, they were legitimate. > > I would, if I had so desired, make some of the same criticisms of U.S. > policy that he had made. For example, there is a double standard?I cannot > argue with that. But an endless recitation of criticism, I believe, > accomplishes little. The point (to paraphrase the German philosopher) is not > to observe or criticize reality?the point is to understand and then to > change reality. > > What I, therefore, sought to do in my rebuttal was to explain the "why" of > current U.S. policy toward Iraq. > > In the case of Iraq, in particular, it is important to understand the extent > to which this issue has become a matter of U.S. domestic politics. At one > point, I described the Iraqi leader as the "Willie Horton" of U.S. foreign > policy. Horton was a convicted murderer who was released from prison in the > 1980s by then Massachusetts Governor Michael Dukakis. A short time after > being freed, Horton murdered again. During the 1988 presidential campaign > Republican candidate George Bush used the Willie Horton issue in television > debates against his Democratic opponent, Dukakis. > > The message of the ad was that Dukakis was a weak leader, soft on crime. He > freed Willie Horton once, he?d do it again. Could you trust him to be > President? > > The impact of the ad was devastating to the Dukakis campaign. > > Shortly after his election in 1992, President Bill Clinton indicated that he > might rethink U.S. policy toward Saddam Hussein?s regime. The reaction was > swift and quite forceful. To let the Iraqi out of his box was a political > risk?like freeing Willie Horton. Clinton learned the lesson and did not > repeat his "mistake." > > A powerful coalition of domestic political forces has formed against the > Iraqi government. It is now led by a Republican majority in Congress, which > has, at times, used Iraq policy as a wedge against the President?s party. > They have argued for increasingly tougher policies against Iraq. Having > virtually no opposition, this majority has now gone so far as to pass the > Iraq Liberation Act?which requires the United States to support the > overthrow of the regime. > > This is, like it or not, where the political debate is in the U.S today. > > The regime in Iraq, with its bloody and brutal past and present, doesn?t > present a compelling counter argument. It has no defenders, nor has its > behavior earned it any. > > Where there is U.S. concern, and some U.S. debate, is over the fate of the > millions of innocent Iraqi people who are, in effect, hostage to their > regime and its policies. Given the limits on what the U.S. Administration > has felt is possible, they have argued for a substantial increase in the oil > for food program?ever careful to ensure that the regime is not seen as > benefiting from this program. > > As the human toll of sanctions continues to mount, a legislative effort has > been mounted by a small, but courageous, group of Congressmen. They are > introducing a bill to end sanctions. But it is a politically risky move > since they are all aware of how their domestic opponents may seek to use the > "Horton" arguments against them. > > This is where the debate is, at this point. One can, if one wishes, argue > that it is unfair, but that will not change it. > > Policy in the United States is always a function of politics and politics is > a function of several factors that politicians must consider when shaping > policy. The most critical of these factors is how the majority perceives an > issue. > > Unfortunately, policy is not based on whether an issue is right or just or > even consistent. More important consideration is given to how an issue is > understood and whether or not voters will be supportive of a specific action > or will punish the politician who takes that action. > > Saddam?s invasion and occupation of Kuwait, his refusal to leave, and his > bizarre behavior (burning the oil fields) when he was forced to leave, > established his reputation in the United States. Since then, the regime has > continued to confound efforts to change policy by changing public > perception. At every turn, the Iraqi regime has acted in a manner that has > reinforced the arguments of its enemies, by reinforcing public perceptions > of its irredeemable nature. > > Even those U.S policy makers who are uncomfortable at being in the position > of enforcing the Iraq Liberation Act, are hard pressed to see a way out of > the bind created by the real circumstances that define the current debate: > the powerful domestic political pressures that are driving the U.S policy > debate and the continued hostile behavior of the Iraqi regime that only > serves to spur that debate forward. > > This is the situation, as it exists, that I sought to explain during the > television debate. I could not argue, as my opponent had sought to, the > merits of this or that Security Council Resolution on the standing, or lack > thereof of, this or that statute of international law. > > My political arena is within the United States. It is the context in which I > operate and it is the policy made here that I seek to change. > > If it is true, as my debate opponent would have it, that the United States > is the sole superpower imposing its will on the world, than it is important > for me to understand my political world and its dynamics in order to help in > the process of changing it. > > Criticizing reality doesn?t make it change?engaging it does. My opponent and > I participate in very different worlds and face such very different > challenges. That is why we were talking past each other. > > For comments, contact > jzogby@arab-aai.org > > > > --- > > FYI: This mail sent by Mario Profaca is certified Virus Free. > Checked by AVG anti-virus system (http://www.grisoft.com). > Version: 6.0.303 / Virus Database: 164 - Release Date: 24. 11. 01 > > > ============================================== > SPY NEWS is OSINT newsletter > and discussion list associated to > Mario's Cyberspace Station > http://mprofaca.cro.net/mainmenu.html > ============================================== > *** NOTICE: In accordance with Title 17 U.S.C. > Section 107, this material is distributed > without profit to SPYNEWS eGroup members > who have expressed a prior interest in receiving > the included information for non-profit research > and educational purposes only. > > For more information go to: > http://www.law.cornell.edu/uscode/17/107.shtml > > ----------------------------------------------- > > SPY NEWS home page: > http://groups.yahoo.com/group/spynews > > To change your subscription mode to Daily Digest > (one message a day) send a blank message: > mailto:spynews-digest@yahoogroups.com > > Please note that replying to THIS e-mail > will not remove you from the mailing list. > To unsubscribe SPYNEWS send a blank message: > mailto:spynews-unsubscribe@yahoogroups.com > > Mario Profaca, independent journalist, > SPY NEWS eGroup list owner, editor > & moderator, is a member of of the > Committee of Concerned Journalists, > an initiative administered through > the offices of the Project for > Excellence in Journalism in Washington, D.C. > > > > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/ > > From sean at thefreevoice.org Sat Dec 1 18:11:41 2001 From: sean at thefreevoice.org (Sean) Date: Fri Jul 8 22:09:25 2005 Subject: [free-sklyarov] Interesting site: The Free Voice Message-ID: <200112020211.fB22Bfi07227@host17.the-web-host.com> Hello free-sklyarov: Your friend Sean considered our site The Free Voice interesting and wanted to send it to you. Site name: The Free Voice Welcome to The Free Voice Site URL: http://thefreevoice.org From sacraver at EE.Princeton.EDU Sat Dec 1 19:24:51 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: <200112020211.fB22Bfi07227@host17.the-web-host.com> Message-ID: How many universities are represented by people on this list? I.e., if we print up flyers specifically oriented to students or otherwise plan to raise awareness on college campuses, how many campuses would we be talking about? People here at Princeton seem a bit surprised when they hear about Sklyarov's arrest; sounds like that DeCSS thing, they think. But they are positively shocked when told that Sklyarov is a grad student, doing his dissertation on the stuff that got him nicked. When you point out he's one of them, it gets their attention. I've handed out a lot of those flyers from the San Jose protest, but I notice that it makes little mention of the fact that he's a student. And, that this mess is about research he's doing as a student. If we want an on-campus Free Dmitry campaign, we need to emphasize this. -S [Also, several people are asking me where they can get one of these Boycott Adobe shirts.] From swive at getnet.com Sat Dec 1 20:35:28 2001 From: swive at getnet.com (Eric) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Lessig In-Reply-To: Message-ID: FYI Op. Ed. by esteemed Professor of Copyright, Lawerence Lessig: "America is essentially alone in this strategy of techno-lawmaking. Most nations in the world - including, importantly for Mr. Sklyarov, Russia - regulate copyright violations through copyright law, not through laws aimed at code writers. But what the Sklyarov case means is that this controversial experiment in the United States now essentially regulates the world. If you produce and distribute code that cracks technological protection systems, and that code can be accessed in the United States, then it's just a matter of time before our F.B.I. comes knocking at your door. From mlc67 at columbia.edu Sun Dec 2 01:01:08 2001 From: mlc67 at columbia.edu (mike castleman) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: References: <200112020211.fB22Bfi07227@host17.the-web-host.com> Message-ID: <20011202090108.GD17969@pinetree.dhs.org> hmm... I'm at Columbia, as you can guess from my address. I would suggest, though, that any serious on-campus effort wait until after winter break... I don't think people have time right now (certainly I don't) to put any serious work in, and other people are often too wrapped up in their own stresses to care about others'. mike, who does too much on-campus "activism?" for his own good ? whatever the hell that is On Sat, Dec 01, 2001 at 10:24:51PM -0500, Xcott Craver wrote: > How many universities are represented by people on this list? > I.e., if we print up flyers specifically oriented to students > or otherwise plan to raise awareness on college campuses, how > many campuses would we be talking about? -- mike castleman, mlc67@columbia.edu, ph: +1 (646) 382-7220 current location: columbia university, new york, ny, us get DeCSS now: http://www.columbia.edu/~mlc67/css.html -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011202/ceb1076c/attachment.pgp From sacraver at EE.Princeton.EDU Sun Dec 2 01:10:33 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: <200112020712.fB27C4ap028745@pony.its.uwo.ca> Message-ID: On Sun, 2 Dec 2001, George wrote: > Recommendations for promoting awareness on campus? I'm thinking of a major public awareness campaign; since the fall semester is drawing to a close, maybe we can set a goal of having a major operation prepared, materials and all, for the 1st day students get back (which varies, but we can set a deadline for the end of this month.) On the material side, we'd need flyers, maybe something more in-depth (say, a leaflet or newsletter of a couple pages,) maybe something less in-depth (bumper-sticker form factors?) And whatever else we can think of. On the creative side: slogans/etc which will resonate with students. One general theme I'm seeing here is that students risk punishment for doing too good a job, making too big of a difference, and for doing the ethical thing when a company sells snake-oil. > George -S From keith at indierecords.com Sun Dec 2 06:42:10 2001 From: keith at indierecords.com (Keith Handy) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign References: Message-ID: <3C0A3DC2.7DD5@indierecords.com> > Date: Sun, 2 Dec 2001 04:10:33 -0500 (EST) > From: Xcott Craver > To: > Subject: Re: [free-sklyarov] Quick Query for Campus Campaign > On the material side, we'd need flyers, maybe something more > in-depth (say, a leaflet or newsletter of a couple pages,) > maybe something less in-depth (bumper-sticker form factors?) > And whatever else we can think of. Everyone is still free to use my Animal Farm/DMCA cartoon: http://www.indierecords.com/protest/pig.htm > On the creative side: slogans/etc which will resonate with > students. One general theme I'm seeing here is that students risk > punishment for doing too good a job, making too big of a > difference, and for doing the ethical thing when a company sells > snake-oil. I still like the idea of bumper stickers and T-shirts saying "What part of 'MY COMPUTER' don't you understand?", even though this pertains more to general digital freedom than the specific issue. If no one winds up making these, I may well make them myself (not that I can afford to print anything right now). -Keith From alexf at hkn.eecs.berkeley.edu Sun Dec 2 22:38:06 2001 From: alexf at hkn.eecs.berkeley.edu (Alex Fabrikant) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: Message-ID: As per email address, I'm at UC Berkeley. With some help, I covered the EE/CS buildings with the original flyers by Tabinda back in late July, and most are still up. Quite a few people in my dept (EECS), especially grad students and faculty, seem to be aware of the issue and are quite adamantly on our side. Of course, many more aren't. I can probably gather a sizeable group (upwards of a dozen, maybe two, many of whom were at the SJ/SF protests in the summer) to do more propaganda on-campus, especially once finals and winter break are over and the new semester starts (mid-January). Main question is, as usual, what are we broadcasting, and what's the best answer to "so what can I do?" Somehow it feels like those need to be rethought considering the developments of the past few months. -- -alexf On Sat, 1 Dec 2001, Xcott Craver wrote: > How many universities are represented by people on this list? > I.e., if we print up flyers specifically oriented to students > or otherwise plan to raise awareness on college campuses, how > many campuses would we be talking about? > > People here at Princeton seem a bit surprised when they hear > about Sklyarov's arrest; sounds like that DeCSS thing, they think. > But they are positively shocked when told that Sklyarov is a grad > student, doing his dissertation on the stuff that got him nicked. > When you point out he's one of them, it gets their attention. > > I've handed out a lot of those flyers from the San Jose protest, > but I notice that it makes little mention of the fact that he's > a student. And, that this mess is about research he's doing as > a student. If we want an on-campus Free Dmitry campaign, we > need to emphasize this. > -S > > [Also, several people are asking me where they can get one of > these Boycott Adobe shirts.] > > > _______________________________________________ > free-sklyarov mailing list > free-sklyarov@zork.net > http://zork.net/mailman/listinfo/free-sklyarov From alexf at hkn.eecs.berkeley.edu Sun Dec 2 22:43:42 2001 From: alexf at hkn.eecs.berkeley.edu (Alex Fabrikant) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] human interest questions Message-ID: Does anyone know: 1) whether Dmitry is currently allowed to work and receive a salary while in the US? 2) if so, is he indeed employed? 3) if not, how are his wife and kids supporting themselves? The last is admittedly a very sensitive question, but if he's indeed unable to work for 9 months, this is a point that should probably be at the center of any publicity campaign we start now. One thing is an "abstract" freedom being withdrawn, another is starving an innocent person's kids due to a foreign government's whim. ...And, independently, perhaps a charity drive is in order as well? -- -alexf From akatalov at elcomsoft.com Mon Dec 3 03:14:46 2001 From: akatalov at elcomsoft.com (Alex Katalov) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] human interest questions In-Reply-To: References: Message-ID: <1851096979.20011203031446@elcomsoft.com> Dear Alex, Ooops... Strange questions :-(((( Dmitry is still emploed by Elcomsoft, and the company pay him salary as well as all additional expencies related to the living in the USA (apartments, furnishing, utilties, cell phone, Internet... what else? Oh - we was in some italian retaurant yesterday with Dmitry, his wife and childrens, and I paid this from the corporate credit card as well :-)). Alex, as I remeber, you have my cell phone, so you can simply call me and ask if you have any questions, because I'm here at the moment :-) AF> Does anyone know: AF> 1) whether Dmitry is currently allowed to work and receive a salary while AF> in the US? AF> 2) if so, is he indeed employed? AF> 3) if not, how are his wife and kids supporting themselves? AF> The last is admittedly a very sensitive question, but if he's indeed AF> unable to work for 9 months, this is a point that should probably be at AF> the center of any publicity campaign we start now. One thing is an AF> "abstract" freedom being withdrawn, another is starving an innocent AF> person's kids due to a foreign government's whim. AF> ...And, independently, perhaps a charity drive is in order as well? -- Best regards, Alex mailto:akatalov@elcomsoft.com From vkatalov at elcomsoft.com Mon Dec 3 03:40:41 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM Message-ID: <13018316828.20011203144041@elcomsoft.com> The FBI is reportedly using an e-mail worm to capture computer passwords. The Magic Lantern worm is a part of the Cyber Knight computer surveillance program, which allows the FBI to secretly install the eavesdropping software via the Internet in order to record every keystroke a person makes on their PC. http://www.siliconvalley.com/docs/news/tech/040656.htm http://www.newscientist.com/news/news.jsp?id=ns99991589 http://www.washingtonpost.com/wp-dyn/articles/A1436-2001Nov22.html -- Sincerely yours, Vladimir Vladimir Katalov Managing Director ElcomSoft Co.Ltd. Member of Association of Shareware Professionals (ASP) Member of Russian Cryptology Association mailto:vkatalov@elcomsoft.com http://www.elcomsoft.com/adc.html (Advanced Disk Catalog) http://www.elcomsoft.com/art.html (Advanced Registry Tracer) http://www.elcomsoft.com/prs.html (Password Recovery Software) http://www.mailutilities.com (Email Management Software) From debug at centras.lt Mon Dec 3 07:33:27 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <13018316828.20011203144041@elcomsoft.com> References: <13018316828.20011203144041@elcomsoft.com> Message-ID: <223821337.20011203163327@centras.lt> VK> The FBI is reportedly using an e-mail worm to capture computer VK> passwords. I know this is off topic but soon after getting VK's warning i have received a letter in html with the following code I wonder how dangerous it is to use option (i.e. automatically open letters in html). Here it is: ...
... -- Best regards, DeBug mailto:debug@centras.lt -- From vkatalov at elcomsoft.com Mon Dec 3 06:42:16 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <223821337.20011203163327@centras.lt> References: <13018316828.20011203144041@elcomsoft.com> <223821337.20011203163327@centras.lt> Message-ID: <1429213490.20011203174216@elcomsoft.com> Hello, > I know this is off topic but soon after getting VK's warning > i have received a letter in html with the following code > I wonder how dangerous it is to use option > (i.e. automatically open letters in html). Here it is: As I understand, you're using TheBat! email client, so it is 100% safe -- it cannot execute JavaScript code (and I hope it never will). It could be dangerous only to Outlook and Outlook Express users. /Vladimir vkatalov@elcomsoft.com From esper at sherohman.org Mon Dec 3 07:58:48 2001 From: esper at sherohman.org (Dave Sherohman) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <13018316828.20011203144041@elcomsoft.com>; from vkatalov@elcomsoft.com on Mon, Dec 03, 2001 at 02:40:41PM +0300 References: <13018316828.20011203144041@elcomsoft.com> Message-ID: <20011203095848.E24464@sherohman.org> On Mon, Dec 03, 2001 at 02:40:41PM +0300, Vladimir Katalov wrote: > The FBI is reportedly using an e-mail worm to capture computer > passwords. The Magic Lantern worm is a part of the Cyber Knight > computer surveillance program, which allows the FBI to secretly > install the eavesdropping software via the Internet in order to record > every keystroke a person makes on their PC. Assuming Magic Lantern exists (which seems likely), I have seen no reliable information which would indicate that it has any viral or worm-like characteristics. It's a plain old trojan, sent to specifically-targeted individuals. There has been no indication that any FBI-supported software would attempt to spread itself to new hosts, and I find it very unlikely that they would use anything which does so, as it would almost completely eliminate any chance of the program being accepted by the court system. A more minor detail is that Magic Lantern's purpose is not to capture passwords in general. It specifically targets PGP/GPG passphrases. -- When we reduce our own liberties to stop terrorism, the terrorists have already won. - reverius Innocence is no protection when governments go bad. - Tom Swiss From lars.narbo at telia.com Mon Dec 3 08:35:10 2001 From: lars.narbo at telia.com (obnixus) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] can you be that sure? - what is not dangerous today? - YOU should know! Message-ID: <002701c17c18$81d89a40$46c8143e@duvan> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: image/gif Size: 733 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011203/60624f50/attachment.gif From jeme at brelin.net Mon Dec 3 14:33:53 2001 From: jeme at brelin.net (Jeme A Brelin) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <20011203095848.E24464@sherohman.org> Message-ID: On Mon, 3 Dec 2001, Dave Sherohman wrote: > There has been no indication that any FBI-supported software would > attempt to spread itself to new hosts, and I find it very unlikely > that they would use anything which does so, as it would almost > completely eliminate any chance of the program being accepted by the > court system. You forget that Ashcroft has stated that his "War on Terrorism" on the domestic front includes "adopting new methods to find terrorists before they act, even if they won't result in a conviction" (or words to that effect). We talked about that on this very list a few months ago. They don't care if it gets thrown out of court when you finally get a trial. They just want to listen now and lock you up for some convenient period later. > A more minor detail is that Magic Lantern's purpose is not to capture > passwords in general. It specifically targets PGP/GPG passphrases. What good is the passphrase without the private key? Does it capture those, too? J. -- ----------------- Jeme A Brelin jeme@brelin.net ----------------- [cc] counter-copyright http://www.openlaw.org From crism at maden.org Mon Dec 3 16:34:45 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: References: <20011203095848.E24464@sherohman.org> Message-ID: <5.1.0.14.0.20011203163131.00aab300@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 14:33 3-12-2001, Jeme A Brelin wrote: >What good is the passphrase without the private key? Does it capture >those, too? The private key is stored in an encrypted file using symmetric encryption (i.e., traditional encryption, where the same key encrypts and decrypts). The FBI can get your private keyring using the same methods that they can use to get other files, under a search warrant, but without the passphrase, it's very difficult to tell what the key actually is and therefore to access any files you may have encrypted with it. Intercepting the passphrase allows them to discover the private key and thence to recover any encrypted files. As long as this all happens under a search warrant, as in the Nicky Scarfo case in New Jersey, it's not really problematic. Just a reminder: I'll be giving a seminar on stuff like this tomorrow evening in San Francisco. E-mail me for details. ~crism - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPAwaJaxS+CWv7FjaEQK7PgCgr5FdYkFj29yu4wYyfSpIkgNqjDEAoMwF 3UJwnsiCLYIkmcDjDNmQnGU5 =G3Cz -----END PGP SIGNATURE----- From wiljan at pobox.com Mon Dec 3 17:47:06 2001 From: wiljan at pobox.com (Will Janoschka) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM Message-ID: <200112040209.UAA000.55@cressida.nereid.ar-digit.net> On Mon, 3 Dec 2001 14:33:53 Jeme A Brelin jeme@brelin.net said: > You forget that Ashcroft has stated that his "War on Terrorism" on the > domestic front includes "adopting new methods to find terrorists before > they act, even if they won't result in a conviction" (or words to that > effect). > We talked about that on this very list a few months ago. > They don't care if it gets thrown out of court when you finally get a > trial. They just want to listen now and lock you up for some convenient > period later. The Magic Lantern thing is most likely A Red Herring thing. Most reports say that the FBI "is developing" blah blah blah. This 'could' be done for the Windoz machines, but it's more effective to let the newsies have it and see who is changing encryption techniques. So far the result is a modest increase in the number of folk encrypting a picture of "Fluffy" the cat and sending that to themselves through the remailers (mixmaster). This really pisses the Echelon crew. -will- ------Meddle not in affairs of dragons, Thou art crunchy and taste good with ketchup. From tom at lemuria.org Mon Dec 3 20:36:38 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: ; from jeme@brelin.net on Mon, Dec 03, 2001 at 02:33:53PM -0800 References: <20011203095848.E24464@sherohman.org> Message-ID: <20011204053637.A4356@lemuria.org> On Mon, Dec 03, 2001 at 02:33:53PM -0800, Jeme A Brelin wrote: > > A more minor detail is that Magic Lantern's purpose is not to capture > > passwords in general. It specifically targets PGP/GPG passphrases. > > What good is the passphrase without the private key? Does it capture > those, too? getting at something that is stored in a known place has never been a problem for LEAs. the passphrase, however, is inconveniently (for them) stored in your head, and unfortunately (for them), torture has been removed from their toolbox a while ago. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From david.haworth at altavista.net Mon Dec 3 22:34:38 2001 From: david.haworth at altavista.net (David Haworth) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <20011204053637.A4356@lemuria.org>; from tom@lemuria.org on Tue, Dec 04, 2001 at 05:36:38AM +0100 References: <20011203095848.E24464@sherohman.org> <20011204053637.A4356@lemuria.org> Message-ID: <20011204073438.A11674@3soft.de> On Tue, Dec 04, 2001 at 05:36:38AM +0100, Tom wrote: > the passphrase, however, is inconveniently (for them) stored in your > head, and unfortunately (for them), torture has been removed from their > toolbox a while ago. The more paranoid among you will note that the rumoured existence of this key-sniffer gives them a plausible non-violent route to the passphrase, thus putting torture (deniable, of course) back into the toolbox. Dave (playing devil's advocate) -- David Haworth Baiersdorf, Germany david.haworth@altavista.net -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 228 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011204/5418235f/attachment.pgp From crumley at mail.com Tue Dec 4 06:51:44 2001 From: crumley at mail.com (Jim Crumley) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: References: <200112020211.fB22Bfi07227@host17.the-web-host.com> Message-ID: <20011204085144.A6306@gordo.space.umn.edu> On Sat, Dec 01, 2001 at 10:24:51PM -0500, Xcott Craver wrote: > > How many universities are represented by people on this list? > I.e., if we print up flyers specifically oriented to students > or otherwise plan to raise awareness on college campuses, how > many campuses would we be talking about? Well, our Minnesota group [1] isn't college only, but the majority of the work we've done (especially since August) has been on campus here at the University of Minnesota. We've done flyers and we've done talks, but its hard to say how successful we've been at getting the word out. I think that our real support is pretty narrowly concentrated in the CS and EE departments. > People here at Princeton seem a bit surprised when they hear > about Sklyarov's arrest; sounds like that DeCSS thing, they think. > But they are positively shocked when told that Sklyarov is a grad > student, doing his dissertation on the stuff that got him nicked. > When you point out he's one of them, it gets their attention. > > I've handed out a lot of those flyers from the San Jose protest, > but I notice that it makes little mention of the fact that he's > a student. And, that this mess is about research he's doing as > a student. If we want an on-campus Free Dmitry campaign, we > need to emphasize this. Hitting on the fact that Dmitry is a student is good and is probably what helped us get coverage in the college news paper. 1. http://faircopyright.org/ -- Jim Crumley | crumley@fields.space.umn.edu | Work: 612 624-6804 or -0378 | From akatalov at elcomsoft.com Tue Dec 4 14:22:28 2001 From: akatalov at elcomsoft.com (Alex Katalov) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: <20011204085144.A6306@gordo.space.umn.edu> References: <200112020211.fB22Bfi07227@host17.the-web-host.com> <20011204085144.A6306@gordo.space.umn.edu> Message-ID: <1684459435.20011204142228@elcomsoft.com> Dear Jim, JC> Hitting on the fact that Dmitry is a student is good and is JC> probably what helped us get coverage in the college news paper. Even better hot simply say that he is a (post-graduated!) student, but that this research was a part of his PhD work, assigned and accepted by his University!!! BTW - even more. His PhD was heard by University professors (sorry, don't know the right English therm), was accepted, and was _officially_ filed at July 2 - right two weeks before his arrest. I think it may be sensitive for students to learn that after finishing the university or post-graduating, they may be arrested and charged for what they did as a part of their diploma or dissertation!!! -- Best regards, Alex mailto:akatalov@elcomsoft.com From sacraver at EE.Princeton.EDU Tue Dec 4 15:04:08 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: <1684459435.20011204142228@elcomsoft.com> Message-ID: On Tue, 4 Dec 2001, Alex Katalov wrote: > BTW - even more. His PhD was heard by University professors (sorry, > don't know the right English therm), was accepted, and was _officially_ > filed at July 2 - right two weeks before his arrest. Thanks for the information. Could you clarify some points, tho? Do you mean that Dmitry has now been awarded his Ph.D. --- i.e., that he is finished with school completely? Or have the professors just approved his proposal for Ph.D. research? The question is, is he still an enrolled student, or would be if he weren't arrested? I want to know exactly what to write. Also, Sklyarov's job at Elcomsoft: would you consider this full-time permanent employment, or something akin to a student internship? > I think it may be sensitive for students to learn that after finishing > the university or post-graduating, they may be arrested and charged > for what they did as a part of their diploma or dissertation!!! Absolutely. Students are quite shocked to hear this, in my experience. There's another hot issue with engineering students: that companies are essentially pressuring them to avoid having any impact on their present industry, or devaluing present technologies which these companies sell. As we know, this is impossible because all new scientific discoveries can devalue old technologies in favor of new ones. Or, we can discover that certain products are defective, ineffective, or hazardous to public health. There's no point in being an engineering student if you can't advance the state of the art; might as well go study pure math. Thanks for your help, Xcott [Not that there's anything wrong with studying pure math.] From david.haworth at altavista.net Tue Dec 4 22:31:23 2001 From: david.haworth at altavista.net (David Haworth) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: ; from sacraver@EE.Princeton.EDU on Tue, Dec 04, 2001 at 06:04:08PM -0500 References: <1684459435.20011204142228@elcomsoft.com> Message-ID: <20011205073123.A12135@3soft.de> On Tue, Dec 04, 2001 at 06:04:08PM -0500, Xcott Craver wrote: > Or, we can discover that certain products are defective, > ineffective, or hazardous to public health. There's no > point in being an engineering student if you can't advance > the state of the art; might as well go study pure math. > > Thanks for your help, > Xcott > > [Not that there's anything wrong with studying pure math.] Pure maths isn't immune to the problem either. Advances in number theory might render certain cryptosystems ineffective for one thing ... You'd be better off studying history or archaeology or something. Or law :-( Dave -- David Haworth Baiersdorf, Germany david.haworth@altavista.net -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 228 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011205/422c77aa/attachment.pgp From debug at centras.lt Wed Dec 5 01:24:33 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: References: Message-ID: <482206031.20011205102433@centras.lt> XC> There's another hot issue with engineering students: that XC> companies are essentially pressuring them to avoid having XC> any impact on their present industry, or devaluing present XC> technologies which these companies sell. XC> As we know, this is impossible because all new scientific XC> discoveries can devalue old technologies in favor of new ones. Bah!!! New more effective technologies are traded against profiting from existing ones The principle is simple - if I cannot catch up with implementation of new technologies then noone should be ahead of me... -- Best regards, DeBug mailto:debug@centras.lt -- From vkatalov at elcomsoft.com Wed Dec 5 02:17:38 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <13018316828.20011203144041@elcomsoft.com> References: <13018316828.20011203144041@elcomsoft.com> Message-ID: <622080732.20011205131738@elcomsoft.com> Hello, > The FBI is reportedly using an e-mail worm to capture computer > passwords. [...] More on that (yesterday's article): http://it.mycareer.com.au/news/2001/12/04/FFXNNPJ4RUC.html /Vladimir vkatalov@elcomsoft.com From vkatalov at elcomsoft.com Wed Dec 5 23:11:04 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] FBI fixes focus on technology Message-ID: <562217587.20011206101104@elcomsoft.com> http://www.fcw.com/fcw/articles/2001/1203/web-fbi-12-05-01.asp > An ambitious overhaul of the FBI will focus new attention on > cybercrime and stress upgrades to the agency's information > technology, director Robert Mueller announced. > [...] > FBI missteps include disclosure that agents could not find 184 > laptop computers and had lost more than 400 guns. Vladimir Katalov ElcomSoft Co.Ltd. http://www.elcomsoft.com mailto:vkatalov@elcomsoft.com From Robloch at aol.com Fri Dec 7 01:32:21 2001 From: Robloch at aol.com (Robloch@aol.com) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] KaZaa asks users to help fight RIAA Message-ID: <53.fa67688.2941e6a5@aol.com> What does anyone think of this? An interesting lobbying technique, perhaps... 'If you like using KaZaA help us stop vested organisations around the world interfering with the way the software functions. Join our Defensive Line. We???re under attack and we need your help. KaZaA isn't controlled by the big entertainment companies or their lobbyists. Don't let anyone tell you what you can and cannot download. KaZaA provides you with the software you can't get anywhere else; a way to get together and share files that you enjoy. KaZaA believes in your right to share files on the Internet with other users of KaZaA software. You decide what goes in your shared folder, you decide what you want to share with other users and you decide how you want to participate. ' more- http://www.kazaa.com/en/defend.htm From luisreis at alumni.fd.uc.pt Fri Dec 7 05:17:40 2001 From: luisreis at alumni.fd.uc.pt ('Luis Miguel Ramirez Vieira Reis') Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] some questions about wedding... In-Reply-To: <20011130143147.HM.B0000000002n9zE@www12.hanmail.net> References: <20011130143147.HM.B0000000002n9zE@www12.hanmail.net> Message-ID: <1007731060.3c10c1741c968@alumni.fd.uc.pt> Hi! I am against wedding! See you! Luis Reis Citando ?????? : > Hi!! > Nice to meet you and happy to join your group. > I'm a korean girl and go to university. > and I got a project of which topic is world wedding > culture. > so i need your help!! > could you answer my questions if you know them? > (you don't have to anwser all of questions > i'll be very happy even though you anwser only one or > two:-) > > -these are what i want to know. > 1. what is the most popular wedding present in your > culture? > > 2. How much money do you need to prepare wedding > ceremony(also, which item do you spend money most for) > ? > > 3. do you have a unique expression for proposal? > (for example, in korea, a man says "i'll love you > until my black hair turns into white like snow" to his > lover) > > 4. what is the most popular place for honeymoon in > your culture? > > 5. where and when is wedding ceremony usually held? > > please help me!!! > thank you for reading my mail :-) > > > > > =================================================================== > ???? ??????, Daum http://www.daum.net > ????, 1/n????, ????????! ?????? ???????? ???????? > ?? ???????? http://mailbank.daum.net/ > > _______________________________________________ > free-sklyarov mailing list > free-sklyarov@zork.net > http://zork.net/mailman/listinfo/free-sklyarov > From tompoe at renonevada.net Fri Dec 7 07:14:28 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] KaZaa asks users to help fight RIAA In-Reply-To: <53.fa67688.2941e6a5@aol.com> References: <53.fa67688.2941e6a5@aol.com> Message-ID: <01120707142800.05898@aether> On Friday 07 December 2001 01:32, Robloch@aol.com wrote: > What does anyone think of this? An interesting lobbying technique, > perhaps... > more- > http://www.kazaa.com/en/defend.htm > Hi: My linux box doesn't let me enter a valid email address to join. Guess I'll have to move over to a windoz box and use IE. Dumb. Thanks, Tom From ktneely at astroturfgarden.com Thu Dec 6 19:40:04 2001 From: ktneely at astroturfgarden.com (Kevin) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] Interesting Quote Message-ID: <002b01c17f37$482e7ea0$757ba8c0@jnpr.net> I'm currently reading _Shamans, Software, and Spleens_ by James Boyle, which is about Law and Intellectual Property. I found this interesting quote from an Feb 20, 1994 InfoWorld article "Industry Divided over Software Patents..." by Claire Whitmer. This article concerns whether or not software should be patented and the parties on both sides of that issue. In the article, she writes: "On one side is the camp that claims that the use of patents will stifle technical innovation and jack up overhead legal costs-costs eventually passed on to consumers-to levels barring everyone but the heavyweights from entering the market. Though this line of reasoning is mostly expounded by developers from small companies and the 600 members of the League for programming Freedom, some major industry players such as Oracle Corp., Adobe Systems Inc.,and Autodesk Inc. also lined up on this side... The opposite camp argues that patents are no more harmful to innovation in software than in any other industry and counters with an equally disturbing suggestion that, without patents, American software inventions will be primed for the picking, particularly by foreign developers." Hmm, just interesting to see Adobe in there and how far they've come since then. Well, I guess they did withdraw their suit, but was that b/c they're returning to their roots, or b/c of the potentially bad PR? I'll leave that to you. K -- In Vino Veritas http://astroturfgarden.com/~ktneely From owlswan at eagle.eff.org Fri Dec 7 11:21:09 2001 From: owlswan at eagle.eff.org (Henry Schwan) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] FIJA Message-ID: An interesting quote for this thread. "The jury in all criminal cases, shall be the judges of the law and the facts." -- Georgia, Declaration of Rights, Art.I, Sec.II, Para. I -- Regards, Henry Schwan Paralegal Electronic Frontier Foundation (415)436-9333 x114 (415)436-9993 (fax) owlswan@eff.org "I believe there are more instances of the abridgment of freedoms of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations." -- James Madison -- Founding Father, US President "The jury in all criminal cases, shall be the judges of the law and the facts." -- Georgia, Declaration of Rights, Art.I, Sec.II, Para. I From schoen at loyalty.org Sat Dec 8 21:04:57 2001 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] How to unsubscribe; topicality Message-ID: <20011209050457.GA27047@zork.net> Many people recently received a membership reminder from the Mailman software, so this seems like a good time for this reminder. This is the latest version of a periodic message about how to unsubscribe from free-sklyarov, and how to be on topic here. If you want to unsubscribe, you can't do it by writing to the list itself (free-sklyarov@zork.net). You can do it either on the web or by sending a properly-formatted unsubscribe message. TO UNSUBSCRIBE ON THE WEB: Go to http://zork.net/mailman/listinfo/free-sklyarov/ Find the section which reads To change your subscription (set options like digest and delivery modes, get a reminder of your password, or unsubscribe from free-sklyarov), enter your subscription email address: enter your e-mail address, and use the "Edit options" button. (You must enter your list password; if you don't remember it, a copy can be e-mailed to you.) TO UNSUBSCRIBE BY E-MAIL: From the account under which you're subscribed, send a message to free-sklyarov-request@zork.net (NOT free-sklyarov@zork.net) with the single line unsubscribe If this doesn't work, contact me (free-sklyarov-admin@zork.net). Please never send unsubscription requests or questions to the list itself. Now, a quick reminder about topicality: with the recent dearth of news about Dmitry Sklyarov's situation or about protest events, we've been seeing a lot of posts here which are increasingly unrelated to his situation. These are a problem because they can use the valuable time of people who signed up to this list in the expectation of receiving Dmitry Sklyarov-related news. Before sending things to the list, please think carefully about whether they will be of use and interest to the subscribers. We still have about 700 members here, and each one of them could potentially read your message. So please make sure it's about something that matters to them. Once again, thanks for being a part of the free-sklyarov list. -- Seth David Schoen | Its really terrible when FBI arrested Temp. http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull down: http://www.loyalty.org/ (CAF) | mission -- to share his knowledge with http://www.freesklyarov.org/ | american nation. (Ilya V. Vasilyev) From jays at panix.com Sun Dec 9 13:13:12 2001 From: jays at panix.com (Jay Sulzberger) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] [cananian@lesser-magoo.lcs.mit.edu: [DMITRY-BOSTON] [DB-ANNOUNCE] "The Future of Fair Use"] (fwd) Message-ID: ---------- Forwarded message ---------- Date: Sun, 09 Dec 2001 15:18:22 -0500 From: Don Saklad To: jays@panix.com Subject: [cananian@lesser-magoo.lcs.mit.edu: [DMITRY-BOSTON] [DB-ANNOUNCE] "The Future of Fair Use"] ------- Start of forwarded message ------- Envelope-to: dsaklad@gnu.org From: "C. Scott Ananian" X-Sender: cananian@catfish.lcs.mit.edu To: dmitry-boston-announce@lesser-magoo.lcs.mit.edu cc: calendar@freesklyarov.org, free@freesklyarov.org Content-Type: TEXT/PLAIN; charset=US-ASCII X-BeenThere: dmitry-boston-announce@lm.lcs.mit.edu X-Mailman-Version: 2.0.6 Precedence: bulk Subject: [DMITRY-BOSTON] [DB-ANNOUNCE] "The Future of Fair Use" Sender: dmitry-boston-admin@lesser-magoo.lcs.mit.edu X-BeenThere: dmitry-boston@lm.lcs.mit.edu Reply-To: dmitry-boston@lesser-magoo.lcs.mit.edu List-Help: List-Post: List-Subscribe: , List-Id: Planning list for Boston "Free Sklyarov" effort. List-Unsubscribe: , List-Archive: Date: Sun, 9 Dec 2001 14:59:06 -0500 (EST) Dmitry-boston has been rather quiet lately, but the issues haven't gone away. I've still been talking to people/classes and writing letters: it's been almost five months since Dmitry was arrested, five months away from his country, home, and family. Jonah Jenkins at the Rotch Library here at MIT has been organizing a Librarians' conference on Fair Use issues; I'll be there assistent in some still-vague way (perhaps in on the panel discussion). It's at MIT, this Tuesday; Jonah told me, "If there's anyone you'd like to invite to just show up, without registering, that's perfectly fine," so I'm inviting all of you! It should be an excellent chance to network with librarians and figure out how best to take the next step forward in our advocacy on these issues. The announcement is attached: hope to see lots of you there! [If you can't make the full day, the program schedule is at http://www.asis.org/Chapters/neasis/pc/programs/20011211-schedule.html perhaps you'd like to catch one or two of the speakers individually.] --scott - ---------- Forwarded message ---------- American Society for Information Science & Technology - New England Chapter (NEASIST) presents: "The Future of Fair Use" The Digital Millennium Copyright Act has raised many questions about the future of fair use in research, education, publishing, music, art, and countless other aspects of our information society. Join us in discussing the DMCA, Fair Use and continued access to copyrighted materials. Learn what can be, and is being done to shape the future of Fair Use. When: Tuesday, December 11, 2001; 8:30 am - 4:45 pm Where: Wong Auditorium Massachusetts Institute of Technology Building E-51 Cambridge, MA Directions to MIT: http://whereis.mit.edu/doc/getting-to-mit.html Wong Auditorium: http://whereis.mit.edu/bin/map?locate=wong Speakers will include: * Walter McDonough, Esq., General Counsel for the Future of Music Coalition * Robin Gross, Esq., Fair Use Attorney, Electronic Frontier Foundation * Professor Patricia Seed, Rice University * Professor Jonathan Zittrain, Berkman Center, Harvard Law School * Ivy Anderson, Library Digital Initiative, Harvard University Registration fee includes continental breakfast and refreshments. Lunch is not included. Registrations will be processed on a first come, first served basis. Online registration is encouraged. Registrations must be received by December 1, 2001. Registration costs: ASIS member: $55 Non-member: $65 Student/Retiree/Between jobs: $30 For more information (including where to park), and registration instructions, see: http://www.neasist.org - -------------------------------------------------------------------------- _______________________________________________ dmitry-boston-announce mailing list dmitry-boston-announce@lm.lcs.mit.edu http://lm.lcs.mit.edu/mailman/listinfo.cgi/dmitry-boston-announce _______________________________________________ dmitry-boston mailing list dmitry-boston@lm.lcs.mit.edu http://lm.lcs.mit.edu/mailman/listinfo.cgi/dmitry-boston ------- End of forwarded message ------- From seth.johnson at RealMeasures.dyndns.org Wed Dec 12 23:03:58 2001 From: seth.johnson at RealMeasures.dyndns.org (Seth Johnson) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] Microsoft's DRM OS Patent Message-ID: <3C1852DE.6FE6E609@RealMeasures.dyndns.org> Following are my comments to Dave Farber on the recently unveiled Microsoft Software Patent for a Digital Rights Management Operating System. Seth Johnson Committee for Independent Technology -------- Original Message -------- Date: Thu, 13 Dec 2001 01:46:42 -0500 From: Seth Johnson To: dave@scripting.com Dave: In the essay at the bottom of this post, you asked what Microsoft gave up in a deal you felt they had to have reached with the Bush Administration. I think we see it right here. Microsoft didn't have to give up anything -- Microsoft just had to own the patent on a DRM OS, providing the Government with an almost absolutely assured trajectory toward establishing the terms by which exclusive right to digital information would be policed. The real kicker is right here: > The digital rights management operating system > also limits the functions the user can perform on the > rights-managed data and the trusted application, and > can provide a trusted clock used in place of the > standard computer clock. The ability to use information freely is now going to be policed at the most intricate level, in the name of exclusive rights and to the detriment of the most fundamental Constitutional principles of our society. Whereas The U.S. Constitution assures that every American citizen has the full freedoms accorded to the First Amendment, we see here the trappings of the final phases of the legislative demarcation of the public into a mass of information consumers. Seth Johnson Committee for Independent Technology > -------- Original Message -------- > Subject: [C-FIT_Community] MS Patent for Digital Rights Management OS > Date: Thu, 13 Dec 2001 01:17:07 -0500 > From: Seth Johnson > > AAcckk!! > > It's a LOGIC DEVICE, not a consumer appliance!! > > Okay, so we can stop Microsoft from establishing that this kind of OS is > legally required on our machines, right? *RIGHT??* > > Seth Johnson > > (Forwarded from Law & Policy of Computer Communications list, > CYBERIA-L@LISTSERV.AOL.COM) > > -------- Original Message -------- > Date: Wed, 12 Dec 2001 23:18:08 -0800 > From: John Young > > Microsoft's patent for a Digital Rights Management > Operating System was awarded yesterday: > > http://cryptome.org/ms-drm-os.htm > > Abstract > > A digital rights management operating system protects > rights-managed data, such as downloaded content, from > access by untrusted programs while the data is loaded > into memory or on a page file as a result of the > execution of a trusted application that accesses the > memory. To protect the rights-managed data resident in > memory, the digital rights management operating system > refuses to load an untrusted program into memory while > the trusted application is executing or removes the > data from memory before loading the untrusted program. > If the untrusted program executes at the operating > system level, such as a debugger, the digital rights > management operating system renounces a trusted identity > created for it by the computer processor when the > computer was booted. To protect the rights-managed data > on the page file, the digital rights management > operating system prohibits raw access to the page file, > or erases the data from the page file before allowing > such access. Alternatively, the digital rights > management operating system can encrypt the > rights-managed data prior to writing it to the page > file. The digital rights management operating system > also limits the functions the user can perform on the > rights-managed data and the trusted application, and > can provide a trusted clock used in place of the > standard computer clock. > > ********************************************************************** > For Listserv Instructions, see http://www.lawlists.net/cyberia > Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot > Need more help? Send mail to: Cyberia-L-Request@listserv.aol.com > ********************************************************************** > -----Original Message----- > From: dave@scripting.com (DaveNet email) > Date: Tue, 06 Nov 2001 18:49:31 GMT > Subject: You're free to think > > > ***The right to think > > No matter where you live, in what time period, no matter who you work > for, you can think for yourself. We don't need a Constitution or a > First Amendment to guarantee the right to think. This is a point worth > noting as our freedoms are whittled, controlled and choked, for good > reasons or bad. > > ***The right to speak > > Now the right to speak is a whole other matter. > > In Nazi Germany, or Stalin's Russia, had you spoken out, you would have > been killed. > > That's how extreme it gets some times in some places. > > ***The fear of government > > Even the US government under a Democrat president was scared of the > Internet [1]. Perhaps with good cause, I'll give them that much, it's a > powerful communication medium, and it can be used equally well by > scientists, thinkers and people doing good as it can be used by > terrorists, racists, abusers of children, and promoters of hate. > > However silly it may seem, we made a historic decision [2] in the US, > in the 18th century, to take the bad with the good. In the US, the > right to speak is something the government, by design, has very little > power to regulate. > > ***What did Microsoft give up? > > It's a fact, Microsoft made a deal with the US government. No > theorizing necessary there, it's not a matter of probability, it's a > certainty. The deal was announced. Ashcroft spoke. Gates spoke. We all > know it happened. > > But what was the deal? What did Microsoft give up to get full control > of the Internet? > > What did the government want from Microsoft, and what did Microsoft > give them? > > Was it merely a campaign contribution in the 2000 election? > > Or did Microsoft promise to provide the government with access to all > the information they accumulate in the Hailstorm database? > > Did Microsoft give the government the power to censor websites they > think are being used by terrorists? With that power will they be able > to shut down sites like the NY Times or the Washington Post if they say > things that compromise the government's war effort? > > Will Microsoft support an Internet tax? > > What else? These are just the ideas that occurred to me as I thought > about the possibilities this morning. I'm sure there are others I > haven't thought of. > > ***And who did they sell out? > > At a certain level I'm just beginning to understand how powerful > Microsoft has become. > > They own the chokepoint for most of the electronic communication over > email and the Web. > > Now, they have to get people to upgrade to Windows XP -- that's the > final step, the one that fully turns over the keys to the Internet to > them, because after XP they can upgrade at will, routing through > Microsoft-owned servers, altering content, and channeling communication > through government servers. After XP they fully own electronic > communication media, given the consent decree, assuming it's approved > by the court. > > Here's how it works. Because their operating system is a monopoly, so > is their bundled Web browser. If one day my site were not reachable > through MSIE I'd lose most of my readers. They could shut down any site > they want to, and with their new partnership with the US government, > they could have justification, if not moral, at least legal and > pragmatic. The government has law on its side, and the FBI, CIA, NSA, > FAA, FDA, the Army, Navy, Marines and Air Force. Nukes and biological > weapons. They're a powerful partner, and a now, a Friend of Bill. > > The rest of us are totally cut out of this deal. We're taken for > granted, we're dumb, fat and happy, supposedly, and the future no > longer looks so bright. The fat period is over. Microsoft had a lot of > power to offer to the government. The government has been granted new > electronic surveillance power [3] by Congress. Now how do they > implement it? Microsoft can help. In my mind I'm not so naive to > believe this was an arms-length deal, I'm certain there are aspects to > the partnership between Microsoft and the US government that we can't > see. > > If this scares you -- good. I think we've got a problem, and the > government and Microsoft are not likely to help us. > > ***Your freedom will persist > > No matter what happens to the Internet, remember you are free to use > your mind. > > Dave Winer > > PS: In my heart I cling to the hope that the Bush Administration really > doesn't understand the Web, and that Microsoft really doesn't want the > power to control what is said on the Internet. In my dream they wake up > and say "Holy shit we didn't see that we were accumulating this much > power." > > PPS: Failing that, I pray for the integrity of the Judicial branch of > the US government. Gotta love those checks and balances. > > > ----------------------------------------------------------------------- > (c) Copyright 1994-2001, Dave Winer. http://davenet.userland.com/. > "There's no time like now." > > C-FIT Community Discussion List > List Parent: seth.johnson@RealMeasures.dyndns.org > C-FIT Home: http://RealMeasures.dyndns.org/C-FIT > > To Subscribe/Unsubscribe: > ------------------------------------------------------------ > Send "[Un]Subscribe C-FIT_Community" To Listserv@RealMeasures.dyndns.org From vkatalov at elcomsoft.com Wed Dec 12 23:01:29 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] FBI builds cybercrime division Message-ID: <521801345.20011213100129@elcomsoft.com> http://news.cnet.com/news/0-1005-200-8055680.html?tag=prntfr -- Sincerely yours, Vladimir Vladimir Katalov Managing Director ElcomSoft Co.Ltd. Member of Association of Shareware Professionals (ASP) Member of Russian Cryptology Association mailto:vkatalov@elcomsoft.com http://www.elcomsoft.com/adc.html (Advanced Disk Catalog) http://www.elcomsoft.com/art.html (Advanced Registry Tracer) http://www.elcomsoft.com/prs.html (Password Recovery Software) http://www.mailutilities.com (Email Management Software) From mlc67 at columbia.edu Wed Dec 12 23:17:22 2001 From: mlc67 at columbia.edu (mike castleman) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] DoJ Response to Sklyarov letter. Message-ID: <20011213071722.GP2536@pinetree.dhs.org> So, I got a letter today from "U.S. Department of Justice, Criminal Division". After freaking out about what they could possibly want from me, I opened the envelope and found a response to a letter I'd written them in early August about Dmitry. I'm reproducing it here in case anyone else wants to read it. Though, it doesn't say anything new (or really much of anything at all). -mike U.S. Department of Justice Criminal Division Washington, DC 20530-0001 December 5, 2001 Mr. Michael Castleman [my address] Dear Mr. Castleman: Thank you for your letter to the Attorney General regarding the Digital Millennium Copyright Act (DMCA) and the ongoing proceeding against Dmitry Sklyarov. While Department of Justice policy precludes discussion of pending matters, your letter also raises a number of concerns about the DMCA generally which we can address. The Digital Millennium Copyright Act was enacted by Congress in 1998 to help protect copyrighted works in the digital age. The DMCA was adopted to help satisfy requirements of two international treaties of which the United States is a signatory. The statute provides both civil and criminal sanctions for circumvention of technological measures which are used to protect copyrighted works. In regard to criminal prosecutions under the DMCA, it is important to note that the law specifically requires the government to prove elements that are not required for private civil action under the statute. Not only must the government prove ever element beyond a reasonable doubt, it must show a high level of intent on the part of the defendant and that the defendant was acting for commercial or financial gain. These provision significantly limit the circumstances in which the DMCA can be used in the criminal arena. However, in cases in which the facts and evidence warrant a prosecution under the DMCA or other federal criminal laws, the Department of Justice will proceed. It is the mission of the Department of Justice to administer and enforce the laws of this nation in a fair and reasonable manner. While we appreciate the concerns raised by your letter, the decision to prosecute a particular case is reached only after a careful evaluation of the applicable law and all the relevant facts and evidence. Thank you for expressing your views. Sincerely, [appears to be a digital image of a signature] John Malcolm Deputy Assistant Attorney General -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011213/82233e49/attachment.pgp From tom at lemuria.org Wed Dec 12 23:28:55 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] DoJ Response to Sklyarov letter. In-Reply-To: <20011213071722.GP2536@pinetree.dhs.org>; from mlc67@columbia.edu on Thu, Dec 13, 2001 at 02:17:22AM -0500 References: <20011213071722.GP2536@pinetree.dhs.org> Message-ID: <20011213082855.A20173@lemuria.org> On Thu, Dec 13, 2001 at 02:17:22AM -0500, mike castleman wrote: > The Digital Millennium Copyright Act was enacted by Congress in 1998 to > help protect copyrighted works in the digital age. The DMCA was > adopted to help satisfy requirements of two international treaties of > which the United States is a signatory. funny how they always rest their argument on "international treaty" the way they'd said "word of god" a few hundred years ago - but if the holy treaty is inconvenient (biological weapons, ABM, ...) they bail out of it on short notice, no trouble at all. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From david.haworth at altavista.net Thu Dec 13 00:18:51 2001 From: david.haworth at altavista.net (David Haworth) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Microsoft's DRM OS Patent In-Reply-To: <3C1852DE.6FE6E609@RealMeasures.dyndns.org>; from seth.johnson@RealMeasures.dyndns.org on Thu, Dec 13, 2001 at 02:03:58AM -0500 References: <3C1852DE.6FE6E609@RealMeasures.dyndns.org> Message-ID: <20011213091851.A21543@3soft.de> On Thu, Dec 13, 2001 at 02:03:58AM -0500, Seth Johnson wrote: > > Following are my comments to Dave Farber on the recently unveiled > Microsoft Software Patent for a Digital Rights Management Operating > System. A question for anyone who has read the patent (and understands it) - is there really anything "non-obvious" or "innovative" in there (apart from the given accumulation of widely-known techniques into a bug-ridden whole that is typical of Microsoft). One interesting thing that might come out of this. If: - Microsofts patent is ruled valid, and - the US government mandates the use of this system for all "digital devices" then the US would be in breach of the WIPO Copyright Treaty (look at the "agreed statements" concerning article 12). Can anyone say "instrument of unratification". Dave -- David Haworth Baiersdorf, Germany david.haworth@altavista.net -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 228 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011213/3506cf2e/attachment.pgp From kfoss at planetpdf.com Thu Dec 13 00:34:15 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] MightyWords folding: Print your eBooks? Message-ID: from Planet PDF --> MightyWords.com will cease operations in 30 days Closure could pose future dilemma -- eBook irreplaceability -- for some customers PDF-based digital content company MightyWords.com posted on its Web site today that it will be closing for good on January 12, 2002. The decision may create problems beyond that date for some eBooks customers who could find their purchased titles to be irreplaceable due to the company's soon-to-be-defunct digital rights scheme. http://www.planetpdf.com/mainpage.asp?webpageid=1785 rgds ~ Kurt ________________________________________ Kurt Foss | Editor, Planet PDF From mw at themail.com Thu Dec 13 00:56:55 2001 From: mw at themail.com (mw@themail.com) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] DoJ Response to Sklyarov letter. Message-ID: <200112130356937.SM00311@mail.TheMail.com> Mike, Thanks for sharing your letter with us. This was very informative. I'm glad to see that people are trying and it is unfortunate that the DOJ, responded in this manner. This part: > >The DMCA was >adopted to help satisfy requirements of two international treaties of >which the United States is a signatory. they forgot the sentence... "Although the DMCA goes too far..." >The statute provides both > >civil and criminal sanctions for circumvention of technological > >measures which are used to protect copyrighted works. > Which two treaties? Are they talking about the WIPO treaty...can they quote WHERE it states this as a requirement? sigh. -marcia /*** ----------------------------------------------------- advance the arts and sciences... get 'em where it counts ---------------------------------------------------------- **/ __________________________________________________________________ TheMail.com - Full featured premium email you can count on. Sign-up today at http://www.themail.com/ From jei at cc.hut.fi Thu Dec 13 04:05:10 2001 From: jei at cc.hut.fi (Jei) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] US/FBI Plans More International Terror Raids Against File Swapping Kids Message-ID: http://news.cnet.com/news/0-1005-200-8145809.html?tag=mn_hd U.S. plans new raids on file swappers By [15]Robert Lemos Staff Writer, CNET News.com December 12, 2001, 4:15 p.m. PT update Federal officials said new raids targeting Internet "warez" groups are in the works following the largest U.S. crackdown on Internet piracy in history this week, including potential strikes outside the country. "This is only the first step," said Kevin Bell, spokesman for the nation's customs agency. "The investigation is ongoing." The U.S. Customs Service, along with the U.S. Department of Justice, on Tuesday raided universities and high-tech businesses in 27 cities as part of an international crackdown on underground groups that actively trade in illicit copies of software and digital media. Dubbed "Operation Buccaneer," the enforcement action occurred simultaneously in four other countries, where an additional 22 search warrants were issued, resulting in the arrests of nine people. None of the suspects in the United States have yet been arrested. "This investigation underscores the severity and scope of a multibillion-dollar software swindle over the Internet, as well as the vulnerabilities of this technology to outside attack," Customs Commissioner Robert Bonner said in a statement. In the first overt action of a 15-month investigation of such organized groups of pirates, the Customs Service targeted the oldest and largest group, known as DrinkOrDie. "We are targeting these groups that do it all the time," said Customs Service spokesman Bell. "If you are at your house one night and you want to get a free copy of some software, that's not what we are talking about." Search and seizure Customs agents seized 129 computers in the 38 searches nationwide, said Bell. Among the data captured were Web sites with so much pirated media that it took 4,000 pages to list the titles. Another seized system had more than 5,000 movies, including the blockbuster "Harry Potter and the Sorcerer's Stone." "The data was available to millions of people all over the world," said Bell, who added that another 15 countries may take part in the action. Members of the DrinkOrDie group included corporate executives, computer network administrators and students at major U.S. universities who regularly uploaded copy-protected software and digital media to be broken by other members of the group. There are perhaps as many as 10 major warez communities such as DrinkOrDie. And they don't do it for profit, said Bell. "They believe in a free Internet," he said. "They don't want any rules or any laws that inhibit what they do." Warez (pronounced "wares") describes software and digital material that has been stripped of anti-copying protections and made available on the Internet for downloading. Because the amount of data and evidence that the Customs Service must sort through is so large, Bell said he expected arrest warrants for subjects in the case would take two to three months to obtain. Hitting the right target? At least one computer security expert criticized the government's crackdown, saying it focuses on the wrong people. "There are two kinds of people pirating software: the kids, and the people who are stamping out 5,000 copies in Taiwan and selling them for $5 a pop," said Bruce Schneier, a well-known encryption expert and president of network protection company Counterpane Internet Security. The warez groups are typically students and computer aficionados having fun and testing themselves by breaking programs--generally, on a power trip, Schneier said. "Throwing the book at these guys is the wrong thing to do," he added. The Customs Service, however, maintains that the problem is more serious. Responsible adults are said to be involved, not just students. And the techniques that the loose-knit community uses to ensure their security are advanced, said Customs Service spokesman Bell. "They communicate over really secure IRC channels; they have rules, certain ways that people can become members," he said. "They are competing against each other to see how fast they can copy a piece of software and get it up on their site." The Business Software Alliance (BSA), which represents the software industry's interest in Washington, D.C., agrees that warez sites are as big a threat as "true" pirates. "You could have a good debate over who is hurting the industry more," said Bob Kruger, vice president of enforcement for the BSA, which has estimated that the software companies lost $2.6 billion in 2000 to U.S.-based piracy. Although downloading programs from the Internet doesn't necessarily have a one-to-one correlation to lost sales, Kruger stresses that there is definitely harm suffered by the industry. "Whether it's 10, 20, or 50 percent, it is part of the marketplace," he said. "We worry a lot about the destruction of the marketplace on the Internet." From tompoe at renonevada.net Thu Dec 13 10:46:18 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Dmitry Headed for Infamy Message-ID: <01121310461800.03879@aether> Hi: The number of postings, today, ranging from discussion about the FBI's Magic Lantern, the DVDCCA's argument for "Trade Secret" protection, M$'s DRM OS patent, etc., along with someone's comment that the time has come to blend the various issues into one, brings me to want to share a thought. There are many issues raised by recent activity, both internally within governmental actions/legislation and externally through events that precipitate further actions/reactions [one clear example lying with the World Trade Center attack]. Underlying all of this, we must remind ourselves of what is taking place with regard to activity both here and abroad, surrounding a project called, Internet2. Recently, the Bush Admin announced a project called, "Govnet". My view is this is a "spin effort" to distract the Public from recognizing that they're actually talking about Internet2, a much more ambitious project, designed to change our world dramatically. Once Internet2 is in place, and fully operational, there will be two distinct Internets [ if not more ], "theirs" and "ours". All government-approved participants will have access to Internet2, and all others, i.e., the "commercial" interests will have access, albeit controlled access, to the "ours" Internet. Internet2 is a global scale network for all countries, through "approved" channels, of course. So, look into the future, and visualize what will be. Without reliance on "ours" Internet, the government would easily tax and regulate and control access of the "ours" Internet, not through DRM OS, but through connection methods. Period. They won't need no stinking Internet, as they have their own. The "ours" Internet will be ugly, to say the least. No access to research, political science knowledge base, no "free" communication. The issues are specific, but the PLAN cuts across all of them, and the designers are determined. What doesn't come clear from all of this, is just what is planned for Dmitry. Bottom line, though, this case will bring Dmitry to life far past his death. It's a shame on the one hand, but if it turns out, Britain does not become the GateKeeper for Europe, and Dmitry does win, the battle for those of us who value Freedom of Speech, will forever be indebted to Dmitry for his contributions. No time like the present to put the Dmitry Award to work, eh? Anyone care to model it for us? Just a thought, Tom From kfoss at planetpdf.com Thu Dec 13 13:32:31 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Freed Dmitry going Home for the Holidays! Message-ID: from Planet PDF --> Freed Dmitry Sklyarov will be Home for the Holidays! New legal agreement offers near-acquittal, freedom to leave the U.S. http://www.planetpdf.com/mainpage.asp?webpageid=1787 rgds ~ Kurt ________________________________________ Kurt Foss | Editor, Planet PDF From neale at woozle.org Thu Dec 13 14:27:18 2001 From: neale at woozle.org (Neale Pickett) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Charges dropped? Message-ID: Sorry if this is old news... http://www.wired.com/news/politics/0,1283,49122,00.html SAN JOSE, California -- Charges will be dropped against a Russian computer programmer accused of violating copyrights on software made by Adobe Systems in exchange for his testimony in the trial of his company, a spokeswoman for the programmer said Thursday. From thumbtack1348 at home.com Thu Dec 13 14:57:23 2001 From: thumbtack1348 at home.com (Bill Evans) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Dmitry Reaches Agreement Message-ID: <3C193253.644DB450@home.com> This from the U.S. Att'y. in SFO: FOR IMMEDIATE RELEASE December 13, 2001 The United States Attorney's Office for the Northern District of California announced that Dmitry Sklyarov entered into an agreement this morning with the United States and admitted his conduct in a hearing before U.S. District Judge Whyte in San Jose Federal Court. Under the agreement, Mr. Sklyarov agreed to cooperate with the United States in its ongoing prosecution of Mr. Sklyarov's former employer, Elcomsoft Co., Ltd. Mr. Skylarov will be required to appear at trial and testify truthfully, and he will be deposed in the matter. For its part, the United States agreed to defer prosecution of Mr. Sklyarov until the conclusion of the case against Elcomsoft or for one year, whichever is longer. Mr. Sklyarov will be permitted to return to Russia in the meantime, but will be subject to the Court's supervision, including regularly reporting by telephone to the Pretrial Services Department. Mr. Sklyarov will be prohibited from violating any laws during the year, including copyright laws. The United States agreed that, if Mr. Sklyarov successfully completes the obligations in the agreement, it will dismiss the charges pending against him at the end of the year or when the case against Elcomsoft is complete. Mr. Sklyarov, 27, of Moscow, Russia, was indicted by a federal Grand Jury on August 28, 2001. He was charged with one count of conspiracy in violation of Title 18, United States Code, Section 371, and two counts of trafficking for gain in technology primarily designed to circumvent technology that protects a right of a copyright owner in violation of Title 17, United States Code, Section 1201(b)(1)(A), and two counts of trafficking for gain in technology marketed for use in circumventing technology that protects a right of a copyright owner in violation of Title 17, United States Code, Section 1201(b)(1)(A). In entering into the agreement with the government, Mr. Sklyarov was required to acknowledge his conduct in the offense. In the agreement, Mr. Sklyarov made the following admissions, which he also confirmed in federal court today: "Beginning on a date prior to June 20, 2001, and continuing through July 15, 2001, I was employed by the Russian software company, Elcomsoft Co. Ltd. (also known as Elcom Ltd.) (hereinafter "Elcomsoft") as a computer programmer and cryptanalyst. "Prior to June 20, 2001, I was aware Adobe Systems, Inc. ("Adobe") was a software company in the United States. I was also aware Adobe was the creator of the Adobe Portable Document Format ("PDF"), a computer file format for the publication and distribution of electronic documents. Prior to June 20, 2001, I knew Adobe distributed a program titled the Adobe Acrobat eBook Reader that provided technology for the reading of documents in an electronic format on personal computers. Prior to June 20, 2001, I was aware that documents distributed in the Adobe Acrobat eBook Reader format are PDF files and that specifications of PDF allow for limiting of certain operations, such as opening, editing, printing, or annotating. "Prior to June 20, 2001, as a part of my dissertation work and as part of my employment with Elcomsoft, I wrote a part of computer program titled the Advanced eBook Processor ("AEBPR"). I developed AEBPR as a practical application of my research for my dissertation and in order to demonstrate weaknesses in protection methods of PDF files. The only use of the AEBPR is to create an unprotected copy of an electronic document. Once a PDF file is decrypted with the AEBPR, a copy is no longer protected by encryption. This is all the AEBPR program does. "Prior to June 20, 2001, I believed that ElcomSoft planned to post the AEBPR program on the Internet on the company's website www.elcomsoft.com. I believed that the company would charge a fee for a license for the full version of the AEBPR that would allow access to all capabilities of the program. "After Adobe released a new version of the Adobe Acrobat eBook Reader that prevented the initial version of the AEBPR program from removing the limitations or restrictions on an e-book, I wrote software revisions for a new version of the AEBPR program. The new version again decrypted the e-document to which it was applied. The version of this new AEBPR program offered on the Elcomsoft website only decrypted a portion of an e-document to which it was applied, unless the user had already purchased a fully functional version of the earlier version and had both versions installed on the same machine. The new version was developed after June 29, 2001. At that time, Elcomsoft had already stopped selling the program. The version of this new program offered on the Elcomsoft website did not provide a user with an opportunity to purchase it or convert it to a fully functional one, and was developed as a matter of competition. "On July 15, 2001, as part of my employment with Elcomsoft, I attended the DEF CON Nine conference in Las Vegas, Nevada. At the conference I made a presentation originally intended for the BlackHat conference that immediately preceded the DefCon Nine in July 2001 in Las Vegas, Nevada. The same group of people organizes both BlackHat and DefCon Nine. Since there was no available slot for a presentation at BlackHat at the time when the paper was sent for the committee consideration, the organizers of both conferences suggested that the paper be presented at the DefCon rather than at BlackHat. The paper that I read at DefCon is attached as Exhibit A. A principal part of my presentation is comprised of my research for the dissertation. In my presentation when I said "we", I meant Elcomsoft." Mr. Sklyarov's employer, Elcomsoft, remains charged in the case, and the Court in that matter has set hearings for various motions on March 4, 2002, and April 1, 2002. The prosecution of Elcomsoft is the result of an investigation by the Federal Bureau of Investigation. Scott Frewing and Joseph Sullivan of the Computer Hacking and Intellectual Property ("CHIP") Unit are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of legal technician Lauri Gomez. A copy of this press release and key court documents filed in the case may also be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can . All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181 or Assistant U.S. Attorney Ross Nadel, Chief of the CHIP Unit, in San Jose at (408 From eaerme at newnorth.net Fri Dec 14 05:46:10 2001 From: eaerme at newnorth.net (Ernest A. Erickson) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Freedom? Message-ID: <3C1A02A2.926FCB47@newnorth.net> Okay, "if" Dmitry is permitted to return to Russia; what is preventing him from just ignoring the U.S. charges once he's on his home soil? If the Russian government allows the U.S. to enter and remove a citizen of Russia without permission, will they hold the U.S. accountable for kidnapping, or "spying" at least? How does the U.S. government assume "power" in a land that is NOT under "their" control? What right exists simply by "court" order, or is it bigger than this? Dmitry has the upper hand I feel; he can claim "political refugee" status on his own land, plus the Russian government should NOT allow the U.S. entry to remove a citizen to "our" soil simply for what we all know to be a show trial to prove to the world how "we" are "the" power, and dare any nation to oppose this. If not "refugee", then certainly he's a pawn over the DMCA and should be guarded against any attempt the U.S. makes to force his removal from his own land by foreign operatives, namely, the F.B.I and company. Russia should take this as a threat to THEIR national security, as does the U.S. does over the 9.11.01 "incident". I wonder, just how far the U.S. would go to (re)capture Dmitry if the Russian government disallowed his indictment and ignored the complaint against Elcomsoft? What "right" does the "our" government think it has to indict, kidnap and file charges against a foreign national and company, and "assume" any right to imprison these people on their own home soil? Is this our own home-grown form of arrogance popping up once again? What's next; a "commando" raid on Dmitry's home by the F.B.I and the D.O.J.....*Is THIS not a form of terrorism as well?? We did it before with Noriega, we'll certainly do it again. This form of U.S. power MUST be put to a stop NOW, before it's too late, and we all wind up chained, jailed and imprisoned for whatever new law this nation shoves in our face! And we think China violates human rights.......LAUGH! Where's Amnesty Int'l now? I s this NOT a violation of a sovereign nation's rights as well? Did the entire WORLD become "Property of the U.S. government"? Okay folks, you can forget the Constitution; it's been rendered null and void by Bush and company! Turn in all firearms to your police or face prosecution....I mean WAR! *Once the first speech is censured, the first thought prohibited, chains us all irrevocably* ....Jean Luc Picard, Cpt. U.S.S Enterprise. Sound familiar people, because it's HAPPENING NOW, right HERE! Too bad a T.V show has to be used to illustrate a fact we ignore about our own dictatorship building right under our smug noses. And you though slavery was a "dead" issue.... From tom at lemuria.org Fri Dec 14 07:46:09 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Freedom? In-Reply-To: <3C1A02A2.926FCB47@newnorth.net>; from eaerme@newnorth.net on Fri, Dec 14, 2001 at 07:46:10AM -0600 References: <3C1A02A2.926FCB47@newnorth.net> Message-ID: <20011214164609.B17715@lemuria.org> On Fri, Dec 14, 2001 at 07:46:10AM -0600, Ernest A. Erickson wrote: > What "right" does the "our" government think it has > to indict, kidnap and file charges against a foreign national and > company, and "assume" any right to imprison these people on their own > home soil? the answer is: yes the US does, in fact, believe it has that right. there are provisions in US law to, for example, use military force to prevent US nationals to stand trial to the international warcrimes court. they also believe they can kidnap foreign nationals in foreign countries in order to bring them to US courts - there have been a few cases involving south american drug lords. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From ed at hintz.org Fri Dec 14 11:52:42 2001 From: ed at hintz.org (Edmund A. Hintz) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Freedom? Message-ID: <200112141952.fBEJqfJ25114@phil.hintz.org> On 12/14/01 5:46 AM, eaerme@newnorth.net thus spake: >Okay, "if" Dmitry is permitted to return to Russia; what is preventing >him from just ignoring the U.S. charges once he's on his home soil? While I agree with you that my gvmt is arrogantly applying extraterritoriality of it's (unconstitutional) law(s) to foreign nationals, and that this is, using Bushie's newly discovered word, "preposterous", I don't think the DOJ has much to worry about here. Very simply, from what I've seen, Dimtry is an honorable man, and will appear because he said he would. Unlike our elected officials, he is a man of his word; if he says he'll be there, then come hell or high water he'll be there. Perhaps the DOJ has realized this, or perhaps they simply want to find a way out without looking any stupider than they already do. Whichever the case may be, and I wouldn't lay bets on either one, is irrelevant. Dimtry goes home, as does his family, and he is released from these ridiculous accusations. While this starts to veer off topic, I am concerned for Alex K. in this situation. He too has a family in Moscow, and because he isn't as high profile as Dimitry, and because he is allowed to leave the US if desired, his family is unlikely to be granted a visa. So, if he can't afford to fly back and forth at the whims of the DOJ, he and his family lose out, and he becomes a de facto prisoner in this country. Again, a wholly inappropriate entity to challenge the constitutionality of the DMCA. Peace, Edmund A. Hintz **|** "You may say I'm a dreamer, Mac Techie, Unix Geek, * | * But I'm not the only one... Mac/Unix Consultant * /|\ * I hope someday you'll join us, */ | \* And the world will live as one. '78 Westy ***** Imagine." http://www.hintz.org From crism at maden.org Fri Dec 14 13:22:44 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Freedom? In-Reply-To: <3C1A02A2.926FCB47@newnorth.net> Message-ID: <5.1.0.14.0.20011214132030.00a953c0@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 05:46 14-12-2001, Ernest A. Erickson wrote: >Okay, "if" Dmitry is permitted to return to Russia; what is preventing >him from just ignoring the U.S. charges once he's on his home soil? He is currently out on a $50,000 bond posted by his employer. I don't know if that will be returned or not right now; I suspect not. Also, his testimony will possibly help Elcom; he is required to testify for the US, but plans to testify (to the same story) for both sides. He is still an Elcom employee and presumably has an interest in helping them keep their bond and their business. ~Chris - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPBpto6xS+CWv7FjaEQKgcACfa4s5CBGNpmq63gYdNd1dfxpTbmcAni+0 RNhQ5HZvwNcgEfx1Mqj8Ts/2 =Nuz6 -----END PGP SIGNATURE----- From dmarti at zgp.org Fri Dec 14 13:30:23 2001 From: dmarti at zgp.org (Don Marti) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] [danny@spesh.com: NTK now, 2001-12-14] Message-ID: <20011214133023.N32510@zgp.org> ----- Forwarded message from Danny O'Brien ----- _ _ _____ _ __ <*the* weekly high-tech sarcastic update for the uk> | \ | |_ _| |/ / _ __ __2001-12-14_ o join! mail an empty message to | \| | | | | ' / | '_ \ / _ \ \ /\ / / o ntknow-subscribe@lists.ntk.net | |\ | | | | . \ | | | | (_) \ v v / o website (+ archive) lives at: |_| \_| |_| |_|\_\|_| |_|\___/ \_/\_/ o http://www.ntk.net/ ...snip... >> HARD NEWS << news you'd rather lose They said that a bunch of geeks waving placards would do nothing to free DMITRY SKYLAROV. And they said that whining about obscure Net-torturing provisions in already drafted legislation would change nothing. And we believed them, too. It's lucky that other people are more foolishly optimistic than that. After all, it'd be fair to claim that adverse publicity of the Skylarov case contributed heavily to everyone's DMCA poster-boy being released yesterday: especially Adobe's boycott-prompted wish that Dmitry's prosecution be dropped. And while UK government defeats during the final stages of legislation are almost unheard of, the data retention clause in the Anti-Terrorism Act was one of the few to get shot down. Out goes the condition that ISP logs can be kept and examined for detecting any crime. Now, as heavily lobbied by those "aery-faery" and naive civil libertarians, it has to be proper *terrorist* crime. Mr Blunkett, in conceding the amendment, commented that the logs would have to be kept anyway, to see whether they were terrorists or not, and "that is how stupid the Liberal Democrats [and their Tory supporters, presumably] are." Let's see how stupid the human rights judges, and the Data Protection folk are when they get to work on this. Meanwhile, here's to another year of stupid protestors and their clearly impossible victories. http://makeashorterlink.com/?N1B025B3 - the day's Hansard": search, as ever, for 'stupid' http://www.eff.org/IP/DMCA/US_v_Sklyarov/20011213_eff_pr.html - putting the free into eff ...snip... Copying is fine, but include URL: http://www.ntk.net/ Tips, news and gossip to tips@spesh.com All communication is for publication, unless you beg. Press releases from naive PR people to pr@spesh.com Remember: Your work email may be monitored if sending sensitive material. Sending >500KB attachments is forbidden by the Geneva Convention. Your country may be at risk if you fail to comply. ----- End forwarded message ----- -- Don Marti What do we want? Free Dmitry! When do we want it? Now! http://zgp.org/~dmarti dmarti@zgp.org Free the web, burn all GIFs. KG6INA http://burnallgifs.org/ From crism at maden.org Fri Dec 14 22:37:45 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] SF Chronicle coverage Message-ID: <5.1.0.14.0.20011214223553.00a524d0@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 indicates that the charges will be dropped, *according to the USANDOCA*. Their earlier press release hadn't mentioned that, I don't think. This article also features an utterly terrible picture of Dmitry. )-: ~crism - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPBrvuaxS+CWv7FjaEQLiwwCfWuFzRr13mMh5L3sCI47U3XCmJnYAmwSN 2ElNRMLkJO4gEJOD/0zf+0nX =Ghx7 -----END PGP SIGNATURE----- From sethf at sethf.com Sat Dec 15 19:37:40 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Fwd: [rms@gnu.org: Continuing the fight] Message-ID: <20011215223740.A13272@sethf.com> ----- Forwarded message from Richard Stallman ----- From: Richard Stallman To: dmitry-plan@eff.org, dmitry-boston@lesser-magoo.lcs.mit.edu cc: dmarti@zgp.org, cananian@lesser-magoo.lcs.mit.edu, gnu@toad.com cc: poole@allseer.com, kmself@ix.netcom.com Subject: [DMITRY-BOSTON] Continuing the fight Date: Fri, 14 Dec 2001 23:36:46 -0700 (MST) Dmitry Sklyarov is safe from the DMCA, but Americans are not. We must not lose the impetus that his case provided. The dropping of charges against Sklyarov is a good thing, but we must not think of it as our victory, because we did not win it. Rather, it is largesse from powers that feel completely triumphant. They believe that their successes in court, together with the example presented by Sklyarov's treatment so far, make their dominion so strong that nothing can challenge it. It is up to us to change this state of affairs. In general, we should focus on Adobe and the other corporations that paid for and use the DMCA, not on the FBI and DOJ which are merely their servants. The DMCA is a weapon; those who choose to use it against the public should be held morally responsible for their decision to do so. Sklyarov must have large legal expenses, and expenses for his unintended stay in the US. These represent an injury that was done to him by Adobe. We should demand that Adobe compensate him for this injury, and promise they will never do to anyone else what they did to him. Until they do, we should picket their offices and urge the public to refuse to do business with them. In cities where there is an active group of protestors but no important Adobe presence, we can picket publishing companies that issue Adobe ebooks. Or other companies that in some way menace us with the DMCA, such as movie companies or record companies. Or legislators such as Barney Frank who supported the DMCA. It might be useful for someone to find a schedule of Pat Schroeder's public appearances--or ask the public to be on the lookout for them. She gave a speech in the Boston area in October, a campaign appearance for a candidate, and I was mailed a letter about it; unfortunately I was travelling and did not see the letter until too late. If her friends find that her support brings a protest, she may find herself a less valued acquaintance. _______________________________________________ dmitry-boston mailing list dmitry-boston@lm.lcs.mit.edu http://lm.lcs.mit.edu/mailman/listinfo.cgi/dmitry-boston ----- End forwarded message ----- -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://archive.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php From sethf at sethf.com Sat Dec 15 21:00:01 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112150636.fBF6akM01854@aztec.santafe.edu>; from rms@gnu.org on Fri, Dec 14, 2001 at 11:36:46PM -0700 References: <200112150636.fBF6akM01854@aztec.santafe.edu> Message-ID: <20011216000001.A13534@sethf.com> On Fri, Dec 14, 2001 at 11:36:46PM -0700, Richard Stallman wrote: > The dropping of charges against Sklyarov is a good thing, but we must > not think of it as our victory, because we did not win it. Rather, it > is largesse from powers that feel completely triumphant. They believe > that their successes in court, together with the example presented by > Sklyarov's treatment so far, make their dominion so strong that > nothing can challenge it. Indeed. I concur, but from a slightly different analysis. Arguably, this isn't even "largesse". The dismissing of charges is based on Sklyarov's agreement to "cooperate with the United States in its ongoing prosecution ...". It seems that overall, Adobe and DMCA advocates will get the best of both worlds. With Sklyarov's testimony, they're set to establish a strong DMCA court decision. Given the prior jailing of Sklyarov, they've already intimidated people. Dropping the charges against him personaly in returns for testimony helping to win the case, and establish law, is a logical maneuver. This is not to breath a word, in any way, shape, or form, against whatever Sklyarov did to obtain his freedom. He's suffered much. But freedom for Sklyarov isn't the same as freedom from the DMCA. That's important to keep in mind in the outcome. Here's something I wrote today for a law and policy discussion list: [Regarding http://www.usdoj.gov/usao/can/press/html/2001_12_13_sklyarov.html ] Date: Sat, 15 Dec 2001 14:22:42 -0500 From: Seth Finkelstein Subject: Re: DOJ press release on Dmitry Sklyarov deal I was just pondering the Sklyarov plea bargain, and the implications thereof. It's edifying to note just how the "agreement" matches up with the DMCA provisions: [ http://www4.law.cornell.edu/uscode/17/1201.html ] U.S. Department of Justice wrote: > In the agreement, Mr. Sklyarov made the following admissions, ... > "Prior to June 20, 2001, as a part of my dissertation work and as > part of my employment with Elcomsoft, I wrote a part of computer > program titled the Advanced eBook Processor ("AEBPR"). I developed > AEBPR as a practical application of my research for my dissertation > and in order to demonstrate weaknesses in protection methods of PDF > files. The only use of the AEBPR is to create an unprotected copy of > an electronic document. 1201(b)(1): o (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; > Once a PDF file is decrypted with the AEBPR, a copy is no longer > protected by encryption. This is all the AEBPR program does. o (B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; or > "Prior to June 20, 2001, I believed that ElcomSoft planned to post > the AEBPR program on the Internet on the company's website > www.elcomsoft.com. I believed that the company would charge a fee > for a license for the full version of the AEBPR that would allow > access to all capabilities of the program. ... Thought: As I read it, the DOJ essentially has Sklyarov testifying himself that his program violates the DMCA. And it doesn't seem hard to legally establish that ElcomSoft "conspired" with him. Does Adobe come out the big winner here? They've already put the fear of the DMCA into programmers via the arrest and jailing of Sklyarov. With a plea-bargain for Sklyarov, almost all of the _cause celebre_ aspect of the case is gone. But the chances for having a strong court decision in favor of the DMCA seem increased. None of this should be read AT ALL as a criticism of the plea-bargain. I know better than almost anyone the pressures which can be brought to bear on a programmer. I'm only wondering what this all means. -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php From mrussotto at speakeasy.net Sat Dec 15 23:02:25 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011216000001.A13534@sethf.com> Message-ID: On Sunday, December 16, 2001, at 12:00 AM, Seth Finkelstein wrote: > On Fri, Dec 14, 2001 at 11:36:46PM -0700, Richard Stallman wrote: >> The dropping of charges against Sklyarov is a good thing, but we must >> not think of it as our victory, because we did not win it. Rather, it >> is largesse from powers that feel completely triumphant. They believe >> that their successes in court, together with the example presented by >> Sklyarov's treatment so far, make their dominion so strong that >> nothing can challenge it. > > Indeed. I concur, but from a slightly different analysis. > Arguably, this isn't even "largesse". The dismissing of charges is > based on Sklyarov's agreement to "cooperate with the United States in > its ongoing prosecution ...". It seems that overall, Adobe and DMCA > advocates will get the best of both worlds. With Sklyarov's testimony, > they're set to establish a strong DMCA court decision. Given the > prior jailing of Sklyarov, they've already intimidated people. > Dropping the charges against him personaly in returns for testimony > helping to win the case, and establish law, is a logical maneuver. These were my remarks on the subject, which didn't get posted owing to some confusion with my e-mail address: Yep, the government has gotten all it can by prosecuting Dmitry -- namely terrorizing (and I do not use that word lightly -- facing several years in federal prison can be quite terror-inducing) programmers and others into DMCA compliance. So it's no harm to them to release him. Now that they've had the DMCA backed up legally by the 2nd Circuit, they can seal their victory with a successful prosecution (and probable appeal) of Elcomsoft in the 9th Circuit (home of the movie studios). If they can get the Supreme Court to deny cert (probably not hard, with no conflict between circuits), we're finished. Stay in Russia, Dmitry. What you do is likely to be illegal everywhere else for the forseeable future. If I had any talent for (human) languages, I'd consider a move myself. From sacraver at EE.Princeton.EDU Sun Dec 16 00:31:36 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011216000001.A13534@sethf.com> Message-ID: On Sun, 16 Dec 2001, Seth Finkelstein wrote: > On Fri, Dec 14, 2001 at 11:36:46PM -0700, Richard Stallman wrote: > > The dropping of charges against Sklyarov is a good thing, but we must > > not think of it as our victory, because we did not win it. Rather, it > > is largesse from powers that feel completely triumphant. Hmm. While I don't want to jump to conclusions about who made this happen, I'd like to suggest that the free-Dmitry response was very effective. It took people by surprise (myself included: I was at a conference, retired to my hotel room, turned on the TV and the first thing I saw was all you guys on CNN. It was a real Mr.-Pibb-spitting moment.) In fact, to answer the question "gee, what do we do now?" I'd like to suggest we take a step back and analyze what the activists did, how they did it, so we can use that wisdom for the next time something like this happens. Also: > Indeed. I concur, but from a slightly different analysis. > Arguably, this isn't even "largesse". The dismissing of charges is > based on Sklyarov's agreement to "cooperate with the United States in > its ongoing prosecution ...". It seems that overall, Adobe and DMCA > advocates will get the best of both worlds. I'd like to suggest a different POV: since Dmitry's going to testify for Elcomsoft anyways, I don't see how helpful his cooperation really is. Rather, I think this agreement is just face-saving on the part of the gov't. Rather than just dropping the charges, they're dismissing it in exchange for some token assistance that will amount to Dmitry stating what he'd say anyways: that he wrote the program, and that it does circumvent an access-control mechanism. -Xcott From wiljan at pobox.com Sun Dec 16 06:11:23 2001 From: wiljan at pobox.com (Will Janoschka) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight Message-ID: <200112161439.IAA000.49@cressida.nereid.ar-digit.net> On Sun, 16 Dec 2001 03:31:36 Xcott Craver said: > Hmm. While I don't want to jump to conclusions about who made > this happen, I'd like to suggest that the free-Dmitry response was very > effective. It took people by surprise (myself included: I was at a > conference, retired to my hotel room, turned on the TV and the first thing > I saw was all you guys on CNN. It was a real Mr.-Pibb-spitting moment.) Yes and further, as Richard Stallman said on Friday: > It is up to us to change this state of affairs. In general, we should >focus on Adobe and the other corporations that paid for and use the >DMCA, not on the FBI and DOJ which are merely their servants. The >DMCA is a weapon; those who choose to use it against the public should >be held morally responsible for their decision to do so. Specifically: Bruce Chizen President, Director, CEO Adobe John Warnock Co-Chairman Adobe Charles Geschke Co-Chairman Adobe These are the individuals that could have had Dmitry home last July. Instead they thought it would be fun to play with Dmitry, Adobe's reputation, and the money of Adobe's stockholders. If there were justice in America, these such persons would be spending Christmas in a cardboard box under the freeway overpass. -will- From sethf at sethf.com Sun Dec 16 07:23:39 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: ; from sacraver@EE.Princeton.EDU on Sun, Dec 16, 2001 at 03:31:36AM -0500 References: <20011216000001.A13534@sethf.com> Message-ID: <20011216102339.A20340@sethf.com> On Sun, Dec 16, 2001 at 03:31:36AM -0500, Xcott Craver wrote: > I'd like to suggest a different POV: since Dmitry's going > to testify for Elcomsoft anyways, I don't see how helpful his cooperation > really is. Rather, I think this agreement is just face-saving on the > part of the gov't. Rather than just dropping the charges, they're > dismissing it in exchange for some token assistance that will amount to > Dmitry stating what he'd say anyways: that he wrote the program, and that > it does circumvent an access-control mechanism. Although I'm not a lawyer, as I went through the agreement, it appeared he basically had to admit guilt on all counts. It seemed like the language of the agreement had him establishing each element of the charges. I don't think that was he was planning to do that in the first place. ... How can this be just face-saving on the part of the government? I think maybe we did win a victory, but perhaps a much smaller and different victory than one might imagine at first glance. What happened here? Although I'd probably be a more popular fellow if I joined a cheering chorus (okay, one cheer - yay!), I just can't buy that the mighty power of progammerdom caused the government to drop the charges in a face-saving measure. It'd be nice to believe that, but it's too much, in my view. What might be the situation was a move of the case strategy from 1) Crucify Dmitry and Elcomsoft in the process of winning the DMCA case to 2) Let Dmitry off the hook in return for testimony to win the DMCA case That is, the victory was that the prosecutors may have been convinced that overall, it was better to use him to help build the DMCA case than to make him suffer personally. Again, there's nothing at all wrong with that outcome. It's important to remember that a defense attorney's duty is get the best deal for their client, not win political causes. But there can be conflicts in outcome here. In sum: This was a victory for the treatment of Dmitry Sklyarov. That's good. But that's not the same at all, in any sense, as a DMCA victory. Those are very different, and shouldn't be confused. In fact, this might just be a switch in the government and Adobe's DMCA strategy. -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php From tompoe at renonevada.net Sun Dec 16 11:49:26 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight Message-ID: <01121611492600.21748@aether> Hi: This is a kinder, gentler administration, eh? Go home, Dmitry, and thank you. Well, back to the issues. The DMCA is intended to protect copyrights, and ElcomSoft threatens such notions. How can Adobe provide its clients protection without the DMCA's big hammer, right, wrong, or otherwise? Attacking those who would abuse Adobe's claims to document protection applications is a lot easier than creating a product that WORKS! Adobe simply exhibits complete disdain for the rights of individuals, and the Bush administration "understands" such deplorable conduct is desirable in the pursuit of economic superiority. After all, that's what business is all about, eh? Just a thought Tom From junger at samsara.law.cwru.edu Sun Dec 16 12:00:53 2001 From: junger at samsara.law.cwru.edu (Peter D. Junger) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: Your message of "Sun, 16 Dec 2001 10:23:39 EST." <20011216102339.A20340@sethf.com> Message-ID: <200112162000.fBGK0ro26871@samsara.law.cwru.edu> Seth Finkelstein writes: : On Sun, Dec 16, 2001 at 03:31:36AM -0500, Xcott Craver wrote: : > I'd like to suggest a different POV: since Dmitry's going : > to testify for Elcomsoft anyways, I don't see how helpful his cooperation : > really is. Rather, I think this agreement is just face-saving on the : > part of the gov't. Rather than just dropping the charges, they're : > dismissing it in exchange for some token assistance that will amount to : > Dmitry stating what he'd say anyways: that he wrote the program, and that : > it does circumvent an access-control mechanism. : : Although I'm not a lawyer, as I went through the agreement, it : appeared he basically had to admit guilt on all counts. It seemed like : the language of the agreement had him establishing each element of the : charges. I don't think that was he was planning to do that in the : first place. ... How can this be just face-saving on the part of the : government? There is no admission of guilt there. There is just a statement of facts. Nobody is disputing that those are the facts. The key point that is not mentioned is that any acts of Dmitry's that might arguably violate the DMCA occurred outside of the United States. When one adds that fact there is no admission of guilt---especially since the acts of both Dmitry and Elcomsoft should be protected by the First Amendment. -- Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH EMAIL: junger@samsara.law.cwru.edu URL: http://samsara.law.cwru.edu NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists From tompoe at renonevada.net Sun Dec 16 15:21:56 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Fwd: Your Amazon.com Inquiry Message-ID: <01121615215601.22369@aether> ---------- Forwarded Message ---------- Subject: Your Amazon.com Inquiry Date: Sun, 16 Dec 2001 13:32:59 -0800 From: info@amazon.com To: tompoe@renonevada.net Hello from Amazon.com. It appears that your message below may have been intended for someone other than Amazon.com and was inadvertently sent to us. Please note that you will need to send a separate message to the correct e-mail address. We hope to see you again soon at Amazon.com. Best wishes for the holidays, Neil W. http://www.amazon.com Did you know Amazon.com has DVD players for as low as $99.99? Check out http://www.amazon.com/dvdplayers ============================== Check your order and more: http://www.amazon.com/your-account Questions? We have your answers! http://www.amazon.com/help We would appreciate your feedback on our customer service. Follow the link below if you would like to let us know how we are doing - your input is invaluable! http://www.amazon.com/exec/obidos/tg/cs-experience-survey/-/jnyxrea >Date: Sun Dec 16 11:49:46 PST 2001 >Subject: Re: [free-sklyarov] Re: Continuing the fight >To: free-sklyarov@zork.net >From: tompoe@renonevada.net > >Hi: This is a kinder, gentler administration, eh? Go home, Dmitry, and >thank you. > >Well, back to the issues. The DMCA is intended to protect copyrights, and >ElcomSoft threatens such notions. How can Adobe provide its clients >protection without the DMCA's big hammer, right, wrong, or otherwise? > >Attacking those who would abuse Adobe's claims to document protection >applications is a lot easier than creating a product that WORKS! Adobe >simply exhibits complete disdain for the rights of individuals, and the Bush >administration "understands" such deplorable conduct is desirable in the >pursuit of economic superiority. After all, that's what business is all >about, eh? Just a thought Tom > >_______________________________________________ >free-sklyarov mailing list >free-sklyarov@zork.net >http://zork.net/mailman/listinfo/free-sklyarov ------------------------------------------------------- From ruben at mrbrklyn.com Sun Dec 16 16:00:56 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <01121611492600.21748@aether>; from tompoe@renonevada.net on Sun, Dec 16, 2001 at 14:49:26 -0500 References: <01121611492600.21748@aether> Message-ID: <20011216190056.E2336@www2.mrbrklyn.com> >> ElcomSoft threatens such notions. How can Adobe provide its clients >> protection without the DMCA's big hammer, right, wrong, or otherwise? >> Why should Abode be allowed to. I propose the Fair Use act of 2002 which mandates that all digital works be protected by guaranteeing the right of individuals to freely copy the works on digital systems, and and guaranteeing individuals rights to share the informaiton in the normal course of their life for non-comercial purposes. Further it would guarantee all other property rights of the media to the owner of the media upon which the information rests, making it illegal to lease, rent or otherwise distribute information to others in any other comercial transaction other than a permanent sale and transfer of all rights accept copyright to the purchaser and his/or her decendents.... forever. I also call it the Anti-Orwelian act of 2002. Ruben -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From ruben at mrbrklyn.com Sun Dec 16 16:07:37 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112162000.fBGK0ro26871@samsara.law.cwru.edu>; from junger@samsara.law.cwru.edu on Sun, Dec 16, 2001 at 15:00:53 -0500 References: <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> Message-ID: <20011216190737.G2336@www2.mrbrklyn.com> On 2001.12.16 15:00:53 -0500 Peter D. Junger wrote: >> Seth Finkelstein writes: >> >> : On Sun, Dec 16, 2001 at 03:31:36AM -0500, Xcott Craver wrote: >> : > I'd like to suggest a different POV: since Dmitry's going >> : > to testify for Elcomsoft anyways, I don't see how helpful his >> cooperation >> There is no admission of guilt there. Nonsense. People found innocent by courts are not put on probation, nor are they subject to plea bargins. Clearly the court accepted the admitions as proof of guilt.... and you know what, I dare you to find under the DMCA as it's being interpreted how the court is wrong. If the court found the DMCA unconstitutional, or Dmitry not subject to it's jurisdictions, he would have just walked...period He didn't. He's on probation and has to contact the Court regularly. >> The key >> point that is not mentioned is that any acts of Dmitry's that might >> arguably violate the DMCA occurred outside of the United States. It doesn't matter, DMITRY DID TRAFFIC IN DMCA PROTECTED MATERIAL in the good ole USA at Defcon. >> When one adds that fact there is no admission of guilt So then why is he on probation.... -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From mrussotto at speakeasy.net Sun Dec 16 18:11:03 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight Message-ID: <526993F2-F293-11D5-9F14-0050E4A0CE52@speakeasy.net> On Sunday, December 16, 2001, at 10:23 AM, Seth Finkelstein wrote: > Although I'm not a lawyer, as I went through the agreement, it > appeared he basically had to admit guilt on all counts. It seemed like > the language of the agreement had him establishing each element of the > charges. I don't think that was he was planning to do that in the > first place. ... How can this be just face-saving on the part of the > government? As I read it, he didn't admit guilt, he admitted to certain acts. Whether or not those acts constituted a violation of the law was not decided or admitted to. > What might be the situation was a move of the case strategy from > 1) Crucify Dmitry and Elcomsoft in the process of winning the DMCA case > > to > 2) Let Dmitry off the hook in return for testimony to win the DMCA case I don't think his testimony will be particularly important, as Elcomsoft probably won't dispute the facts anyway. If they try, the government has them dead to rights. IMO, it's just that there's a lot more chance for adverse publicity and press reaction for crucifying Dmitry as opposed to crucifying Elcomsoft. In other words, the free-sklyarov activists may well have had a hand in this. From branden+serrfxylnebi at deadbeast.net Sun Dec 16 19:16:29 2001 From: branden+serrfxylnebi at deadbeast.net (Branden Robinson) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011216190737.G2336@www2.mrbrklyn.com> References: <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> Message-ID: <20011217031629.GE6681@deadbeast.net> On Sun, Dec 16, 2001 at 07:07:37PM -0500, Ruben Safir wrote: > > On 2001.12.16 15:00:53 -0500 Peter D. Junger wrote: > >>Seth Finkelstein writes: > >> > >>: On Sun, Dec 16, 2001 at 03:31:36AM -0500, Xcott Craver wrote: > >>: > I'd like to suggest a different POV: since Dmitry's going > >>: > to testify for Elcomsoft anyways, I don't see how helpful his > >>cooperation > > >>There is no admission of guilt there. > > Nonsense. People found innocent by courts are not put on probation, No offense, but I'm more inclined to take the opinions of a law professor (Prof. Junger) more seriously than yours. -- G. Branden Robinson | I am sorry, but what you have Debian GNU/Linux | mistaken for malicious intent is branden@deadbeast.net | nothing more than sheer http://www.deadbeast.net/~branden/ | incompetence! -- J. L. Rizzo II -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 240 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011216/701ac4ba/attachment.pgp From ruben at mrbrklyn.com Sun Dec 16 21:23:01 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217031629.GE6681@deadbeast.net>; from branden+serrfxylnebi@deadbeast.net on Sun, Dec 16, 2001 at 22:16:29 -0500 References: <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> <20011217031629.GE6681@deadbeast.net> Message-ID: <20011217002301.A7567@www2.mrbrklyn.com> I am offended. He's on probation. If he doesn't adhere to the terms of the agreement, he will be sentences. No court does this if the party is inocent.... Laywers and experts be damned... When your tush is sitting in the chair, the consequences of violating the agreement is absolutely clear. Ruben >> >> No offense, but I'm more inclined to take the opinions of a law >> professor (Prof. Junger) more seriously than yours. >> >> -- >> G. Branden Robinson | I am sorry, but what you have >> Debian GNU/Linux | mistaken for malicious intent is >> branden@deadbeast.net | nothing more than sheer >> http://www.deadbeast.net/~branden/ | incompetence! -- J. L. Rizzo >> II >> -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From crism at maden.org Sun Dec 16 21:56:58 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217002301.A7567@www2.mrbrklyn.com> References: <20011217031629.GE6681@deadbeast.net> <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> <20011217031629.GE6681@deadbeast.net> Message-ID: <5.1.0.14.0.20011216215543.00a50e60@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 21:23 16-12-2001, Ruben Safir wrote: >I am offended. He's on probation. If he doesn't adhere to the terms of >the agreement, he will be sentences. No court does this if the party is >inocent.... ??? He is out on bail. Every charged-but-not-yet-tried suspect who is out on bail is subject to similar conditions. ~crism - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPB2JKaxS+CWv7FjaEQJbFACgiCRmiVkATOAPYWzM+EWWKMaNdpYAniQf pjQZz+YQ2XG2oz1LdFx1RHCw =7H5B -----END PGP SIGNATURE----- From sethf at sethf.com Sun Dec 16 22:30:29 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112170549.fBH5nBl00907@aztec.santafe.edu>; from rms@gnu.org on Sun, Dec 16, 2001 at 10:49:11PM -0700 References: <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: <20011217013029.A21496@sethf.com> On Sun, Dec 16, 2001 at 10:49:11PM -0700, Richard Stallman wrote: > I did not know that this was a plea bargain--I heard that charges > had been dropped. If you haven't already, I recommend reading the full DOJ statement at http://www.usdoj.gov/usao/can/press/html/2001_12_13_sklyarov.html > That puts it in a very different light: he has done > harm to others that far exceeds the harm he has avoided for himself. > I won't claim I would have done better, since I have never been in > that situation--but the question of how strong I am is beside the > point. Sklyarov had a duty to resist, and he failed in his duty. No one should be personally criticized for not wanting to be a martyr for years in a foreign land. It's unproductive criticism. My favorite statement on this general subject comes from Matthew Skala, who wrote in his "Cyber Patrol break FAQ" about being sued for his CyberPatrol reverse-engineering and then settling: http://ansuz.sooke.bc.ca/cpbfaq.html#afterboston "Of course I was disappointed by this state of affairs. When we published the essay I didn't expect a lawsuit, but I had also thought, "Well, if there is a lawsuit it won't be a problem, because there are organizations that take care of things like that." I fondly imagined that in case of legal silliness, someone would just step in and say "We'll take it from here." What I found out was that those organizations, through no fault of their own, were able to give me a lot of sympathy and not enough of anything else, particularly money, to bring my personal risk of tragic consequences down to an acceptable level, despite, incredibly, the fact that what I had done was legal. Ultimately, I couldn't rely on anybody to deal with my problems but myself. Some people learn that lesson a bit less impressively than I had to." > It appears that another consequence is that he will be unable to help > our movement by speaking. In effect, he has defected. Well, I don't think he ever actually enlisted. More like was captured as a civilian and then held as a prisoner of war. > At this point, the only thing left for us to do is to push hard to > punish Adobe--so hard that anyone will think twice before daring to do > this again. Sklyarov is no longer a cause celebre, but we can make > Adobe a cause celebre if we work at it. Can we? Not to be too cynical, but I think the major rallying-point is now gone. > So who is for a loud boycott and picketing of Adobe? Will the EFF > spearhead it? The EFF has concentrated on action in court, and that > approach was worth trying--but it has been almost exhausted, and has > failed. I hope they will not shrink from joining a different kind of > action now. There's *plenty* of DMCA court action yet to be done. -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php From rms at gnu.org Sun Dec 16 21:49:11 2001 From: rms at gnu.org (Richard Stallman) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011216000001.A13534@sethf.com> (message from Seth Finkelstein on Sun, 16 Dec 2001 00:00:01 -0500) References: <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> Message-ID: <200112170549.fBH5nBl00907@aztec.santafe.edu> I did not know that this was a plea bargain--I heard that charges had been dropped. That puts it in a very different light: he has done harm to others that far exceeds the harm he has avoided for himself. I won't claim I would have done better, since I have never been in that situation--but the question of how strong I am is beside the point. Sklyarov had a duty to resist, and he failed in his duty. It appears that another consequence is that he will be unable to help our movement by speaking. In effect, he has defected. At this point, the only thing left for us to do is to push hard to punish Adobe--so hard that anyone will think twice before daring to do this again. Sklyarov is no longer a cause celebre, but we can make Adobe a cause celebre if we work at it. So who is for a loud boycott and picketing of Adobe? Will the EFF spearhead it? The EFF has concentrated on action in court, and that approach was worth trying--but it has been almost exhausted, and has failed. I hope they will not shrink from joining a different kind of action now. From sethf at sethf.com Sun Dec 16 22:51:33 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217031629.GE6681@deadbeast.net>; from branden+serrfxylnebi@deadbeast.net on Sun, Dec 16, 2001 at 10:16:29PM -0500 References: <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> <20011217031629.GE6681@deadbeast.net> Message-ID: <20011217015133.A21615@sethf.com> >>> Peter D. Junger wrote: >>> There is no admission of guilt there. >> Ruben Safir wrote: >> Nonsense. People found innocent by courts are not put on probation, > Branden Robinson wrote: > No offense, but I'm more inclined to take the opinions of a law > professor (Prof. Junger) more seriously than yours. In retrospect, my original phrasing was poor. The problem is that as a non-lawyer, I'm trying to figure out what this DOJ "agreement" means strategically, in terms of the case. Is it a token admission, or a plea-bargain where he *just short* of pleads guilty and gets probation in return? Even though it's *not* formally an admission of guilt, is it *in practice* very close, very nearly approaching that? That was the original question I was raising. That is, if a defendant "admitted his conduct" in such a way as to affirm every element of the charges against him, has he given away his defense in all but name? Yes, this is not legally a guilty plea, as he could maintain innocence if the deal breaks down and he then goes to trial. But *pragmatically*, would he have much hope then? -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php From ruben at mrbrklyn.com Sun Dec 16 22:55:57 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112170549.fBH5nBl00907@aztec.santafe.edu>; from rms@gnu.org on Mon, Dec 17, 2001 at 00:49:11 -0500 References: <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: <20011217015557.A9172@www2.mrbrklyn.com> On 2001.12.17 00:49:11 -0500 Richard Stallman wrote: >> I did not know that this was a plea bargain--I heard that charges had >> been dropped. I haven't read anywhere that charges have been dropped. This is a case where they agreed to suspend the hearing for a year under the conditions which he agreed to are met. The biggest one is that he gets to be called back to the US on demand and he has to remain in touch with the court. At the end of the year, the case will be dropped or if he fails to comply, his admissions will be used to convict him. NO CHARGES ARE DROPPED. I'd love to be wrong. But people who have charges DROPPED are not subject to a court order. Ruben -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From crism at maden.org Sun Dec 16 22:53:15 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112170549.fBH5nBl00907@aztec.santafe.edu> References: <20011216000001.A13534@sethf.com> <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> Message-ID: <5.1.0.14.0.20011216224320.00acad30@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 21:49 16-12-2001, Richard Stallman wrote: >I did not know that this was a plea bargain--I heard that charges had >been dropped. That puts it in a very different light: he has done >harm to others that far exceeds the harm he has avoided for himself. How so? AFAIK, he only plans to testify to the truth, and has not changed his story since his arrest. All indications are that he will be testifying for the government and for Elcom, and testifying to the same facts for both sides. I don't think the facts are really at issue here; the only point I've heard contested is whether Dmitry's name was listed as a copyright holder in the "About box" for the version of AEBPR that Adobe purchased. The debate seems entirely legal, and Dmitry's plea bargain shouldn't affect that. >I won't claim I would have done better, since I have never been in >that situation--but the question of how strong I am is beside the >point. Sklyarov had a duty to resist, and he failed in his duty. ??? In what sense did he have a duty? This wasn't a prearranged test case; this was a guy visiting a foreign country getting grabbed, and finding a way to go home again. Not everyone sees his own life as a continuing moral struggle. >It appears that another consequence is that he will be unable to help >our movement by speaking. In effect, he has defected. Defected from what? He never signed up for "[y]our movement". The movement co-opted him as a symbol. To be clear: I detest the DMCA and have fought for Dmitry's freedom both because of that and because his particular case was unjust. But I neither expected nor required him to sign up as a symbol of anything or even as a grateful participant. If, when he gets home, he wants to tell all his friends about the crazy American hackers who took to the streets, that's fine with me. >So who is for a loud boycott and picketing of Adobe? I've been boycotting Adobe since the arrest. But I honestly don't know if a resurgence in the mass boycott is viable, since the original calls for boycott were dropped when they dropped the complaint. It would seem capricious, I think, to suddenly reinstate them, unless we could get a large group of people who never stopped to come forward. ~crism - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPB2WW6xS+CWv7FjaEQKDtACePcWqtt4/hle1jICdqSXj6X/8DJAAoOqp 5Bv3VNkxyL3rckK2So2i63pL =KycS -----END PGP SIGNATURE----- From kfoss at planetpdf.com Sun Dec 16 23:02:46 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112170549.fBH5nBl00907@aztec.santafe.edu> References: <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: At 10:49 PM -0700 12/16/01, Richard Stallman wrote: >I did not know that this was a plea bargain--I heard that charges had >been dropped. That puts it in a very different light: he has done >harm to others that far exceeds the harm he has avoided for himself. Take a deep breath, Richard! Things aren't always what they appear -- or what someone else says they were. It was ElcomSoft that offered to take Dmitry's place that put this into play some time back: From NewsBytes: --- "Sklyarov's arrest and subsequent prosecution prompted international outcry and spawned protests around the globe. Sklyarov's attorney - famed San Francisco lawyer John Keker - said he was pleased with today's decision, but disappointed in the government for painting it as a plea bargain. 'For them to try to turn this into a cooperation agreement is just bulls-t,' Keker told Newsbytes today. Keker said that Sklyarov's story in the case has never changed, and added that Sklyarov still believes that neither he nor his company committed a crime by creating and marketing the Advanced eBook Processor." --- rgds ~ Kurt ____________________ Kurt Foss - Editor _______________________ Planet PDF - A world of Acrobat/PDF news, tips, tools and forums mailto:kfoss@binarything.com | mailto:kfoss@planetpdf.com http://www.binarything.com/ | http://www.planetpdf.com/ NOW OPEN: The ePublish Store http://www.epublishstore.com/ BinaryThing - The ePublishing Network -- From ruben at mrbrklyn.com Sun Dec 16 23:03:29 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <5.1.0.14.0.20011216215543.00a50e60@mail.maden.org>; from crism@maden.org on Mon, Dec 17, 2001 at 00:56:58 -0500 References: <20011217031629.GE6681@deadbeast.net> <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> <20011217031629.GE6681@deadbeast.net> <20011217002301.A7567@www2.mrbrklyn.com> <5.1.0.14.0.20011216215543.00a50e60@mail.maden.org> Message-ID: <20011217020329.C9172@www2.mrbrklyn.com> No That's is FALSE. He is out on bail/or set free AFTER a confession of acts which the court believes convicts him. He's testified against himself, and the court can pronounce him guilty under some conditions, or order a jury trial, all depending on the specifics of the punishment amoung other things. This is very similar to how the court handles a number of criminal matters including such cases where they want to get the defendent into some therapy or action. Not Guilty, and case dismissed means NO STRINGS ATTACHED. Ruben >> ??? He is out on bail. Every charged-but-not-yet-tried suspect who is >> out >> on bail is subject to similar conditions. >> >> ~crism >> - -- >> Libertarian candidate, California State Assembly, District 13 >> Free Sklyarov: >> Freelance text nerd: >> PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA >> -----BEGIN PGP SIGNATURE----- >> Version: PGP Personal Privacy 6.5.8 >> >> iQA/AwUBPB2JKaxS+CWv7FjaEQJbFACgiCRmiVkATOAPYWzM+EWWKMaNdpYAniQf >> pjQZz+YQ2XG2oz1LdFx1RHCw >> =7H5B >> -----END PGP SIGNATURE----- >> >> >> _______________________________________________ >> free-sklyarov mailing list >> free-sklyarov@zork.net >> http://zork.net/mailman/listinfo/free-sklyarov >> -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From ruben at mrbrklyn.com Sun Dec 16 23:04:24 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217013029.A21496@sethf.com>; from sethf@sethf.com on Mon, Dec 17, 2001 at 01:30:29 -0500 References: <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> <200112170549.fBH5nBl00907@aztec.santafe.edu> <20011217013029.A21496@sethf.com> Message-ID: <20011217020424.E9172@www2.mrbrklyn.com> I agree, but we are now just waiting for the next victem. Ruben >> No one should be personally criticized for not wanting to be >> a martyr for years in a foreign land. It's unproductive criticism. >> >> -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From rabbi at quickie.net Sun Dec 16 23:12:49 2001 From: rabbi at quickie.net (Len Sassaman) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: On Sun, 16 Dec 2001, Richard Stallman wrote: > I did not know that this was a plea bargain--I heard that charges had > been dropped. That puts it in a very different light: he has done > harm to others that far exceeds the harm he has avoided for himself. > I won't claim I would have done better, since I have never been in > that situation--but the question of how strong I am is beside the > point. Sklyarov had a duty to resist, and he failed in his duty. > > It appears that another consequence is that he will be unable to help > our movement by speaking. In effect, he has defected. That's absolute nonsense. First of all, he has conceded nothing to the other side, other than his testimony of the facts -- testimony that would be identical to that given for the defense. There's never been any question about *what* Dmitry Sklyarov did -- only whether or not it violated the DMCA, and whether or not the DMCA is legal itself. Nothing he said in his statement was any different than what we all have been saying all along. Calling him a "traitor" is absurd. With concern for Dmitry's personal welfare out of the way, Elcomsoft has one less thing to worry about while preparing its defense. And besides, I always wondered by Dmitry didn't plea bargain from the start in exchange for his freedom to return to Russia. As Americans, the DMCA is our mess, and we are the ones who have to fight it. Expecting a foreign citizen to risk jail time and huge fines so that we might get an unjust law of ours overturned is quite selfish, is it not? Would you risk your ass in a test case of an unjust law in Russia? Would you spend 25 years away from your family in a Russian gulag because some native programmers felt it was your duty to do so? I doubt it very much. > At this point, the only thing left for us to do is to push hard to > punish Adobe--so hard that anyone will think twice before daring to do > this again. Sklyarov is no longer a cause celebre, but we can make > Adobe a cause celebre if we work at it. This was my logic when I originally proposed that we picket Adobe the first time around. We must make being involved with any DMCA litigation such a PR nightmare that no company will look to the DMCA as an alternative to writing secure programs. However, I think we have done that fairly well in this case. If Adobe backs out of its agreement, and supports this case again, I do think further action is in order. But until then, we should focus on the DOJ's senseless prosecution of an action that is not a crime. > So who is for a loud boycott and picketing of Adobe? Will the EFF > spearhead it? The EFF has concentrated on action in court, and that > approach was worth trying--but it has been almost exhausted, and has > failed. I hope they will not shrink from joining a different kind of > action now. Whether or not the EFF spearheads such an action, if there are enough people interested in speaking out against the enemies in this case, it will occur. If you recall, the EFF distanced itself from the first protest in order to attempt a negotiation with Adobe, yet multiple simultaneous protests occurred in force. Do not trifle with angry slashdot-reading geeks. --Len From ruben at mrbrklyn.com Sun Dec 16 23:12:30 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217015133.A21615@sethf.com>; from sethf@sethf.com on Mon, Dec 17, 2001 at 01:51:33 -0500 References: <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> <20011217031629.GE6681@deadbeast.net> <20011217015133.A21615@sethf.com> Message-ID: <20011217021230.G9172@www2.mrbrklyn.com> >> That is, if a defendant "admitted his conduct" in such a way >> as to affirm every element of the charges against him, has he given >> away his defense in all but name? Yes, this is not legally a guilty >> plea, as he could maintain innocence if the deal breaks down and he >> then goes to trial. But *pragmatically*, would he have much hope then? >> Normally, defendents jump at such deals because the incentive is to prevent from having a record of conviction. In this case, I don't know if he is motivated by this. Obviously it gives the EFF wigle room to declare a victory. I'm more interested in the work we have to do up ahead. NY Fair Use has made a beach head with Anthony Wiener, who is on the IP subcommittee and is here in Brooklyn. People should contact him and try to make him more aware of us and get us a face to face in DC. If we succeed in working with him, Senator Schumer won't be far behind since they are close friends, and Bouchner willhave one more voice in the Judicial committee. Politcal action is more important now than ever. Ruben -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From seth.johnson at RealMeasures.dyndns.org Sun Dec 16 23:26:46 2001 From: seth.johnson at RealMeasures.dyndns.org (Seth Johnson) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight References: <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> <20011217031629.GE6681@deadbeast.net> <20011217015133.A21615@sethf.com> Message-ID: <3C1D9E36.F440DC5A@RealMeasures.dyndns.org> Seth Finkelstein wrote: > > That is, if a defendant "admitted his conduct" in such a way > as to affirm every element of the charges against him, has he given > away his defense in all but name? Yes, this is not legally a guilty > plea, as he could maintain innocence if the deal breaks down and he > then goes to trial. But *pragmatically*, would he have much hope then? In a funny way, in that case Dmitry's interests would then very closely ally with the interests of those opposed to the DMCA per se -- that is, his own counsel would have to in effect put the State on trial, a la some court cases of yore (I'm thinking William Kunstler here), because that's how he would have to maintain that while he did it, he's not guilty. He'd have to take the specific position that the admitted conduct is perfectly okay, while it's the DMCA and the charges against him themselves that are wrong. The defense would have to switch from seeing where the law provides for his exoneration, to taking the law on directly. This is not, however, to say that he *must* take on this role. Difficult as it is for certain political interests, he is our constituency, and our constituency must decide their own course in life for themselves. Now, politicize him, or organize concerned professionals in support of positions for greater principles -- that's the stuff of solid organizing. Seth Johnson From ruben at mrbrklyn.com Sun Dec 16 23:23:24 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: ; from rabbi@quickie.net on Mon, Dec 17, 2001 at 02:12:49 -0500 References: <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: <20011217022324.I9172@www2.mrbrklyn.com> Bonk Wrong No one in the US Judicial System is requrired to testify against themselves in a criminal matter. And no Laywer I've seen is gonna encourage putting the defendent on the stand to testify that they committed the accused acts leading to a 25 year jail sentence. How much do we want to twist this and pretend that this wasn't a high stakes felony offense where Dmitry was charged with those actions, actions defined as felony violations of the DMCA according the the Grand Jury and the Court. If they weren't viewed by the court as criminal actions, then why wasn't the case dismissed by the judge? This was no small time civil matter here where defendents run up to tell their stories. This was innocent until proven guilty, major felony. >> That's absolute nonsense. First of all, he has conceded nothing to the >> other side, other than his testimony of the facts -- testimony that >> would >> be identical to that given for the defense. -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From seth.johnson at RealMeasures.dyndns.org Sun Dec 16 23:35:27 2001 From: seth.johnson at RealMeasures.dyndns.org (Seth Johnson) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight References: <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> <20011217031629.GE6681@deadbeast.net> <20011217015133.A21615@sethf.com> <20011217021230.G9172@www2.mrbrklyn.com> Message-ID: <3C1DA03F.FB715E15@RealMeasures.dyndns.org> Ruben Safir wrote: > > I'm more interested in the work we have to do up ahead. NY Fair Use has > made a beach head with Anthony Wiener, who is on the IP subcommittee and > is here in Brooklyn. People should contact him and try to make him more > aware of us and get us a face to face in DC. > > If we succeed in working with him, Senator Schumer won't be far behind > since they are close friends, and Boucher will have one more voice in the > Judicial committee. > > Political action is more important now than ever. Hear, hear. Seth Johnson From crism at maden.org Sun Dec 16 23:43:44 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217020329.C9172@www2.mrbrklyn.com> References: <5.1.0.14.0.20011216215543.00a50e60@mail.maden.org> <20011217031629.GE6681@deadbeast.net> <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> <20011216190737.G2336@www2.mrbrklyn.com> <20011217031629.GE6681@deadbeast.net> <20011217002301.A7567@www2.mrbrklyn.com> <5.1.0.14.0.20011216215543.00a50e60@mail.maden.org> Message-ID: <5.1.0.14.0.20011216233812.00acba00@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 23:03 16-12-2001, Ruben Safir Jeopardied: >No > >That's is FALSE. He is out on bail/or set free AFTER a confession of acts >which the court believes convicts him. He's testified against himself, >and the court can pronounce him guilty under some conditions, or order a >jury trial, all depending on the specifics of the punishment amoung other >things. > >This is very similar to how the court handles a number of criminal matters >including such cases where they want to get the defendent into some >therapy or action. > >Not Guilty, and case dismissed means NO STRINGS ATTACHED. > >>>??? He is out on bail. Every charged-but-not-yet-tried suspect who is >>>out >>>on bail is subject to similar conditions. >>>~crism I was *at* his bail hearing. He was released on bail on 6 August. He has now been released from the requirement that he remain within the Northern District of California. He is still out on bail but with different provisions. He has stipulated to certain facts that were never in dispute. He averred those facts before, while proclaiming his innocence; he continues to aver the same facts, and continues to proclaim his innocence. We would be much more effective if we focused on actual issues here, like Dmitry's treatment and the injustice and un-Constitutionality of the DMCA, rather than seeing additional bugbears at every turn. ~crism - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPB2iMKxS+CWv7FjaEQIOUACfaUOAE3tnOrbO/8Ch/n+4imhX5IUAnjie Ba3rkulurCdAnnoR/1ikehLh =RFKq -----END PGP SIGNATURE----- From vkatalov at elcomsoft.com Sun Dec 16 23:58:12 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] RIP, MIX, BURN, JAIL? Message-ID: <15884755165.20011217105812@elcomsoft.com> http://www.stoppoliceware.com/rip_mix_burn_jail.php Sincerely yours, Vladimir ElcomSoft ?o.Ltd. http://www.elcomsoft.com mailto:vkatalov@elcomsoft.com From igormotsnyi at hotmail.com Mon Dec 17 01:18:13 2001 From: igormotsnyi at hotmail.com (Igor Motsnyi) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Fair use. Message-ID: Dear All, Since the course of business has suddenly shifted with the great assistance of the US Attorney’s office it seems an appropriate time to analyze the charges against Elcomsoft (finally the prosecution realized that it was not such a good idea to hunt Dmitry). In that regard the issue of fair use might be of a great importance. Fair use has always been a pride of U.S. copyright doctrine. It played a crucial role as a defense to many copyright infringement claims. BETAMAX is one of the most famous examples of fair use successful application and the term “time shifting” has become an indispensable part of copyright’s vernacular. Sec. 107 of the US Copyright Act was the last resort for many persons trapped inside multiple copyright violation allegations. The outcome of the present case will most probably be decisive for the future of fair use defense doctrine in the US. Apparently, if the court holds Elcomsoft liable for Anti-circumvention violation fair use might become just a paper provision that can not be effectively enforced in the digital era. It will be just a part of American copyright history illustrating the past but not capable of being practically feasible in the future. As most of us know fair use is mentioned in the DMCA only once and only in the context of copyright violation-Sec. 1201(c ) (1)-“Nothing in this section shall affect rights , remedies, limitations, or defenses to copyright infringement, including fair use, under this title.” It means that if you have been charged with copyright violation you are still entitled to recourse to fair use. Undoubtedly, it sounds good. However after a short while some of us will probably realize that the same section does not say a word as to the possibility to invoke fair use in the case of Anti-circumvention claims. Can you rely on fair use in Anti-circumvention procedure? Reading the Summary of the DMCA prepared by U.S. Copyright Office in 1999 I have discovered a very interesting point: “…Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying.”!?!? If a circumvention of a technological measure to exercise fair use is perfectly legal what about product that allows such circumvention. Obviously, the AEBPR modified format of the eBooks allowing the legitimate users to copy, have read the text audibly, etc. It made possible fair use of eBooks for the same fair use was not possible in the original format due to some restrictions of the Adobe eBook. If, according to U.S. copyright office it is legal to circumvent for the sake of fair use why it should be illegal to facilitate this “fair use circumvention”? It is generally known that technological measures of Sec. 1201 are divided into two groups: measures preventing unauthorized access to a copyrighted work and measures preventing unauthorized copying of a copyrighted work. Again U.S. Copyright office: “The distinction was employed to assure that the public will have the continued ability to make fair use of copyrighted works… Making or selling devices that are used to circumvent either category of technological measure is prohibited in certain circumstances.” It is a bit unclear how can you circumvent to apply fair use if the devices that might be helpful for your “legitimate circumvention” are outlawed in any case. Even if you are a legitimate owner. If one already owns a work legally he (she) should be able to use all the rights he is entitled to. If there are any devices that are capable of being helpful to legitimate owners these gadgets should be lawful otherwise there will not be any sense in having fair use in the US anymore. Therefore, the statements of U.S. Copyright Office appears not only contradictory but also preposterous. “Within the U.S. legal system, the courts traditionally have been the guardians of both fair use and First Amendment principles”-the phrase said by Julie Cohen three years ago. We still do not know whether this statement is applicable now. Recent developments (Felten and 2600 case) have demonstrated that the courts are not always reliable and predictable in their jurisprudence. We can not be sure whether fair use is still a living and easily adaptable to various circumstances instrument or just a museum piece belonging exclusively to the memory of good times. _________________________________________________________________ Join the world’s largest e-mail service with MSN Hotmail. http://www.hotmail.com From crism at maden.org Mon Dec 17 01:40:46 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Fair use. In-Reply-To: Message-ID: <5.1.0.14.0.20011217013332.00ad5c30@mail.maden.org> At 01:18 17-12-2001, Igor Motsnyi wrote: >Reading the Summary of the DMCA prepared by U.S. Copyright Office in 1999 >I have discovered a very interesting point: ? Since copying of a work may >be a fair use under appropriate circumstances, section 1201 does not >prohibit the act of circumventing a technological measure that prevents >copying.?!?!? If a circumvention of a technological measure to exercise >fair use is perfectly legal what about product that allows such circumvention. That's precisely the problem with the DMCA (or at least, the one of many problems that directly concerns this case). *Using* circumvention technology may be legal under the DMCA in a particular instance, but trafficking in the technology is (almost?) always illegal. This is one very good reason for the US Attorney to drop the case against Dmitry; I think that at best, they could get him for conspiracy to traffic or aiding and abetting. Elcom definitely trafficked in the technology; the only real defenses that I can see[*] are that this clause of the DMCA violates fair use, which is a facet of the First Amendment, or that the trafficking occurred in another country outside of US jurisdiction and that it was only the purchaser (Adobe) who brought the transaction into the US. That latter argument is much weaker, since the commerce server brokering the financial transaction was in the United States. From my own selfish point of view, this is good, because it makes this a much more likely test case than Dmitry's prosecution. However, given the results of the Felten and DeCSS cases, I'm extremely nervous about the outcome. ~crism [*] Dammit, Jim, I'm a politician,[**] not a lawyer! [**] Gak. I never thought I would stoop so low... -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 187 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011217/ffaf5546/attachment.pgp From sethf at sethf.com Mon Dec 17 03:02:53 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: ; from rabbi@quickie.net on Sun, Dec 16, 2001 at 11:12:49PM -0800 References: <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: <20011217060253.A22186@sethf.com> On Sun, Dec 16, 2001 at 11:12:49PM -0800, Len Sassaman wrote: > ... First of all, he has conceded nothing to the other side, other > than his testimony of the facts -- testimony that would be identical > to that given for the defense. ... This is a point I keep pondering. Is it really so? Another good document to read is the *full* text of the agreement, at http://www.usdoj.gov/usao/can/press/assets/applets/2001_12_13_sklyarov.pdf Note particularly, this provision (hand-typed, any typos mine): "8. I agree that if I fail to comply with any promises I have made in this Agreement, that the government will be released from its promises, but that my agreement that the facts described above in paragraph two (2) are true and any subsequent statements made by me pursuant to this Agreement may be used by the government against me in any proceeding, and I waive any and all claims under the United States Constitution, Rule 11(e)(6) of the Federal Rules of Criminal Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal statute or rule, to suppress or restrict the use of my statements, or any leads derived from those statements." That seems fairly legally significant to concede. Again, it's not explicitly I-am-guilty, but in context, overall, the agreement seems to me much more than just facts everyone, even the defense, would agree are true. To go back to the DMCA case strategy topic, it's a small victory to have arguably induced a change in the way Adobe and the government were using Dmitry. But I think the key aspect is that the change was not without benefit for them too. That they did and will get aid in putting together the DMCA legal case, which they otherwise would not have had. That's the whole idea of a bargain, that each sides gets something. Dmitry gets not to be crucified, and Adobe and the government get his admissions and assistance (again, no personal criticism at all, in any way, shape or form, intended here). But where I fear there's a mistake, is in viewing the outcome here as either a hands-off-the-programmers victory, or that Adobe and the government really didn't get anything at all. -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php From seth.johnson at RealMeasures.dyndns.org Mon Dec 17 03:44:28 2001 From: seth.johnson at RealMeasures.dyndns.org (Seth Johnson) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight References: <200112170549.fBH5nBl00907@aztec.santafe.edu> <20011217060253.A22186@sethf.com> Message-ID: <3C1DDA9C.203A20E1@RealMeasures.dyndns.org> The question, of course, is the political one of what the facts mean. Our mission, if we should accept it, is to assure that the facts of Dmitry's conduct are vindicated as perfectly acceptable -- and that the DMCA's and the DOJ's "painting them black," as it were, is resoundingly and resolutely refuted. Seth Johnson Seth Finkelstein wrote: > > On Sun, Dec 16, 2001 at 11:12:49PM -0800, Len Sassaman wrote: > > ... First of all, he has conceded nothing to the other side, other > > than his testimony of the facts -- testimony that would be identical > > to that given for the defense. ... > > This is a point I keep pondering. Is it really so? Another > good document to read is the *full* text of the agreement, at > http://www.usdoj.gov/usao/can/press/assets/applets/2001_12_13_sklyarov.pdf > > Note particularly, this provision (hand-typed, any typos mine): > > "8. I agree that if I fail to comply with any promises I have made in > this Agreement, that the government will be released from its > promises, but that my agreement that the facts described above in > paragraph two (2) are true and any subsequent statements made by me > pursuant to this Agreement may be used by the government against me in > any proceeding, and I waive any and all claims under the United States > Constitution, Rule 11(e)(6) of the Federal Rules of Criminal > Procedure, Rule 410 of the Federal Rules of Evidence, or any other > federal statute or rule, to suppress or restrict the use of my > statements, or any leads derived from those statements." > > That seems fairly legally significant to concede. Again, it's > not explicitly I-am-guilty, but in context, overall, the agreement > seems to me much more than just facts everyone, even the defense, > would agree are true. > > To go back to the DMCA case strategy topic, it's a small > victory to have arguably induced a change in the way Adobe and the > government were using Dmitry. But I think the key aspect is that the > change was not without benefit for them too. That they did and will > get aid in putting together the DMCA legal case, which they otherwise > would not have had. That's the whole idea of a bargain, that each > sides gets something. Dmitry gets not to be crucified, and Adobe and > the government get his admissions and assistance (again, no personal > criticism at all, in any way, shape or form, intended here). > > But where I fear there's a mistake, is in viewing the outcome > here as either a hands-off-the-programmers victory, or that Adobe and > the government really didn't get anything at all. > > -- > Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com > http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html > BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php > BESS vs Google: http://sethf.com/anticensorware/bess/google.php > > _______________________________________________ > free-sklyarov mailing list > free-sklyarov@zork.net > http://zork.net/mailman/listinfo/free-sklyarov From jeme at brelin.net Mon Dec 17 04:25:26 2001 From: jeme at brelin.net (Jeme A Brelin) Date: Fri Jul 8 22:09:32 2005 Subject: [DMITRY-PLAN] Re: [free-sklyarov] Re: Continuing the fight In-Reply-To: Message-ID: On Sun, 16 Dec 2001, Len Sassaman wrote: > That's absolute nonsense. First of all, he has conceded nothing to the > other side, other than his testimony of the facts -- testimony that > would be identical to that given for the defense. There's never been > any question about *what* Dmitry Sklyarov did -- only whether or not > it violated the DMCA, and whether or not the DMCA is legal itself. I've been wondering this: If there's "no admission of guilt" as all the folks surrounding this keep saying, then why is there probation and "checking in" with courts and such? Wouldn't "no guilt" imply that the man was free to go about his life as he pleases? J. -- ----------------- Jeme A Brelin jeme@brelin.net ----------------- [cc] counter-copyright http://www.openlaw.org From jays at panix.com Mon Dec 17 04:31:04 2001 From: jays at panix.com (Jay Sulzberger) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: On Sun, 16 Dec 2001, Richard Stallman wrote: > I did not know that this was a plea bargain--I heard that charges had > been dropped. That puts it in a very different light: he has done > harm to others that far exceeds the harm he has avoided for himself. > I won't claim I would have done better, since I have never been in > that situation--but the question of how strong I am is beside the > point. Sklyarov had a duty to resist, and he failed in his duty. > > It appears that another consequence is that he will be unable to help > our movement by speaking. In effect, he has defected. Ah, Richard, the situation is not what you think it is. Neither the formal legal situation, nor the tactical situation. Please study the documents in the case, and talk with Dmitry's lawyer, Elcomsoft's lawyer, and the legal team of the EFF. > > At this point, the only thing left for us to do is to push hard to > punish Adobe--so hard that anyone will think twice before daring to do > this again. Sklyarov is no longer a cause celebre, but we can make > Adobe a cause celebre if we work at it. > > So who is for a loud boycott and picketing of Adobe? Will the EFF > spearhead it? The EFF has concentrated on action in court, and that > approach was worth trying--but it has been almost exhausted, and has > failed. I hope they will not shrink from joining a different kind of > action now. Yes. We must redouble our efforts. We pushed Adobe back a little, and we helped free Dmitry. Now to roll back the DMCA and stop the SSSCA. Dmitry is free! Free the United States of America! Raise the Black Flag of Anarchy^W^W^W^W^W^WUse GNU! oo--JS. From crism at maden.org Mon Dec 17 04:29:55 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:32 2005 Subject: [DMITRY-PLAN] Re: [free-sklyarov] Re: Continuing the fight In-Reply-To: References: Message-ID: <5.1.0.14.0.20011217042559.00adfa60@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 04:25 17-12-2001, Jeme A Brelin wrote: >I've been wondering this: > >If there's "no admission of guilt" as all the folks surrounding this keep >saying, then why is there probation and "checking in" with courts and >such? > >Wouldn't "no guilt" imply that the man was free to go about his life as he >pleases? Let's try it again: He's been charged with a crime and has not been found guilty or not guilty. He is out on bail, as many other charged suspects are, subject to certain restraints. It is rather remarkable, under these circumstances, that he be allowed to leave the country - it is an extraordinary mark of trust and respect from the court and the prosecution that they consider him honorable enough to return of his own free will, since if he flees they have little hope of forcing him to return. There hasn't been a finding of "no guilt", but neither has there been an admission of guilt or a finding of guilt. He has been charged, but neither acquitted nor convicted. Either he will be found guilty, and be sentenced; he will be found not guilty, and released; or the charges will be dropped. None of those have happened yet, and until they do, he will be out on bail. ~crism - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPB3lQ6xS+CWv7FjaEQLggACg3BcWMhDtT6hnUEBulpDleYAUIY4AoLv0 hiaPP6Okb52tfh8tYCKdnb8d =gEY8 -----END PGP SIGNATURE----- From mrussotto at speakeasy.net Mon Dec 17 06:03:11 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217002301.A7567@www2.mrbrklyn.com> Message-ID: On Monday, December 17, 2001, at 12:23 AM, Ruben Safir wrote: > > I am offended. He's on probation. If he doesn't adhere to the terms of > the agreement, he will be sentences. No court does this if the party is > inocent.... No; if he doesn't adhere to the terms, he will be _tried_. It may be probation, but if so it's probation before judgment. From mrussotto at speakeasy.net Mon Dec 17 06:10:00 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: On Monday, December 17, 2001, at 12:49 AM, Richard Stallman wrote: > I did not know that this was a plea bargain--I heard that charges had > been dropped. That puts it in a very different light: he has done > harm to others that far exceeds the harm he has avoided for himself. > I won't claim I would have done better, since I have never been in > that situation--but the question of how strong I am is beside the > point. Sklyarov had a duty to resist, and he failed in his duty. Easy to say when you're not the one facing 25 years in prison in a foreign land. If you feel that strongly, why don't you make yourself a test case? However, it does not appear this was a plea bargain. He did not plead guilty to anything, he merely admitted to certain facts which are not in dispute. > So who is for a loud boycott and picketing of Adobe? Will the EFF > spearhead it? The EFF has concentrated on action in court, and that > approach was worth trying--but it has been almost exhausted, and has > failed. I hope they will not shrink from joining a different kind of > action now. Since Adobe hasn't done anything new since dropping their support for their complaint, it would be a violation of good faith to take new action against them, IMO. From mrussotto at speakeasy.net Mon Dec 17 06:12:42 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217013029.A21496@sethf.com> Message-ID: <22C90EE0-F2F8-11D5-A881-0050E4A0CE52@speakeasy.net> On Monday, December 17, 2001, at 01:30 AM, Seth Finkelstein wrote: > There's *plenty* of DMCA court action yet to be done. Starting with the appeal of that obscene dismissal in the Felten case. Show the court a smoking gun (the RIAA letter) and they STILL don't see a case or controversy? From mrussotto at speakeasy.net Mon Dec 17 06:14:52 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217015133.A21615@sethf.com> Message-ID: <6FFD2E6C-F2F8-11D5-A881-0050E4A0CE52@speakeasy.net> On Monday, December 17, 2001, at 01:51 AM, Seth Finkelstein wrote: > That is, if a defendant "admitted his conduct" in such a way > as to affirm every element of the charges against him, has he given > away his defense in all but name? Only if his defense was to deny the conduct. If his defense was based on issues of law rather than fact, they're still available. The defense of "I was in Russia at the time, the law doesn't apply there" is one, "Your law violates your Constitution" is another. From mrussotto at speakeasy.net Mon Dec 17 06:20:31 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217022324.I9172@www2.mrbrklyn.com> Message-ID: <39FC5D3C-F2F9-11D5-A881-0050E4A0CE52@speakeasy.net> On Monday, December 17, 2001, at 02:23 AM, Ruben Safir wrote: > No one in the US Judicial System is requrired to testify against > themselves in a criminal matter. And no Laywer I've seen is gonna > encourage putting the defendent on the stand to testify that they > committed the accused acts leading to a 25 year jail sentence. They will if doing so means that their client is freed as a result. > How much do we want to twist this and pretend that this wasn't a high > stakes felony offense where Dmitry was charged with those actions, > actions defined as felony violations of the DMCA according the the > Grand Jury and the Court. If they weren't viewed by the court as > criminal actions, then why wasn't the case dismissed by the judge? Because the question of whether the actions were criminal had not yet come before the judge -- those hearings were set in the future. They will still happen, but with Elcomsoft as the only defendant. > > This was no small time civil matter here where defendents run up to > tell their stories. This was innocent until proven guilty, major > felony. And now Sklyarov gets to be innocent even if his actions are decided to be criminal, and all he has to do is tell the same story (the truth) that he intended to tell anyway. From ruben at mrbrklyn.com Mon Dec 17 06:20:26 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: ; from mrussotto@speakeasy.net on Mon, Dec 17, 2001 at 09:03:11 -0500 References: <20011217002301.A7567@www2.mrbrklyn.com> Message-ID: <20011217092026.A11456@www2.mrbrklyn.com> > > No; if he doesn't adhere to the terms, he will be _tried_. It may be > probation, but if so it's probation before judgment. > What it is is a plea bargain and the court suspeneded proceedings until next year. So to be technical, his legal status hasn't changed accept that he has now testified against himself. And he can be summeraly found guilty under these condition, if charges are dropped to lower than a felony and under a certain amount of jail time. He has not been found innocent, and the charges have not been dropped. NOTHING ELSE MATTERS. I'm done with this topic on. I have things to do besides sitting in a room full of Walter Mittys > > _______________________________________________ > free-sklyarov mailing list > free-sklyarov@zork.net > http://zork.net/mailman/listinfo/free-sklyarov -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From ruben at mrbrklyn.com Mon Dec 17 06:22:28 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <39FC5D3C-F2F9-11D5-A881-0050E4A0CE52@speakeasy.net>; from mrussotto@speakeasy.net on Mon, Dec 17, 2001 at 09:20:31 -0500 References: <20011217022324.I9172@www2.mrbrklyn.com> <39FC5D3C-F2F9-11D5-A881-0050E4A0CE52@speakeasy.net> Message-ID: <20011217092228.C11456@www2.mrbrklyn.com> > > And now Sklyarov gets to be innocent No - he gets to be innocent when the charges are dropped. __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From mrussotto at speakeasy.net Mon Dec 17 06:26:09 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Fair use. In-Reply-To: Message-ID: <03A78A87-F2FA-11D5-A881-0050E4A0CE52@speakeasy.net> On Monday, December 17, 2001, at 04:18 AM, Igor Motsnyi wrote: > As most of us know fair use is mentioned in the DMCA only once and only > in the context of copyright violation-Sec. 1201(c ) (1)-?Nothing in > this section shall affect rights , remedies, limitations, or defenses > to copyright infringement, including fair use, under this title.? It > means that if you have been charged with copyright violation you are > still entitled to recourse to fair use. Undoubtedly, it sounds good. > However after a short while some of us will probably realize that the > same section does not say a word as to the possibility to invoke fair > use in the case of Anti-circumvention claims. Can you rely on fair use > in Anti-circumvention procedure? According to the courts in the Corley case, no. The copyright owner doesn't have the right to prevent fair use, but they don't have to design their technological measures to give you the practical ability to exercise fair use -- and section 1201 makes it illegal to bypass those measures for whatever reason. The rationale for this appears in the Euro-DMCA -- since no technological measure can decide what is fair use and what is not, the law must err on the side of allowing copyright owners to decide what the restrictions are or the law becomes meaningless. From mrussotto at speakeasy.net Mon Dec 17 06:31:33 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:32 2005 Subject: [DMITRY-PLAN] Re: [free-sklyarov] Re: Continuing the fight In-Reply-To: Message-ID: On Monday, December 17, 2001, at 07:25 AM, Jeme A Brelin wrote: > I've been wondering this: > > If there's "no admission of guilt" as all the folks surrounding this > keep > saying, then why is there probation and "checking in" with courts and > such? He's still out on bail until the conditions of the agreement have been fulfilled. From ruben at mrbrklyn.com Mon Dec 17 08:02:19 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217092228.C11456@www2.mrbrklyn.com>; from ruben@mrbrklyn.com on Mon, Dec 17, 2001 at 09:22:28 -0500 References: <20011217022324.I9172@www2.mrbrklyn.com> <39FC5D3C-F2F9-11D5-A881-0050E4A0CE52@speakeasy.net> <20011217092228.C11456@www2.mrbrklyn.com> Message-ID: <20011217110219.A13466@www2.mrbrklyn.com> Actual,y I take that back He's innocent until proven guilty. but that is only for the proceedings. He is pronounced 'not guilty' of the charges when the outcome of the court proceedings declare it so or the case dropped. He is still under inditement and not cleared until the charges are dropped. And the court beleives the actions are violations or the case would be dropped for insufficeint evidence or false charges...etc. Being under inditement means he can be jailed at the whim of the court. Just so much symantics after a while. He's not cleared of the charges, which means the court sees his action as likely criminal under the DMCA. Ruben On 2001.12.17 09:22:28 -0500 Ruben Safir wrote: > > >> >> And now Sklyarov gets to be innocent > > > No - he gets to be innocent when the charges are dropped. > > > __________________________ > > Brooklyn Linux Solutions > __________________________ > http://www.mrbrklyn.com - Consulting > http://www.brooklynonline.com - For the love of Brooklyn > http://www.nylxs.com - Leadership Development in Free Software > http://www.nyfairuse.org - The foundation of Democracy > http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and > articles from around the net > http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... > http://www2.mrbrklyn.com/downtown.html - See the New Downtown > Brooklyn.... > > 1-718-382-5752 > > > > > _______________________________________________ > free-sklyarov mailing list > free-sklyarov@zork.net > http://zork.net/mailman/listinfo/free-sklyarov -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From debug at centras.lt Mon Dec 17 09:21:15 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217110219.A13466@www2.mrbrklyn.com> References: <20011217022324.I9172@www2.mrbrklyn.com> <39FC5D3C-F2F9-11D5-A881-0050E4A0CE52@speakeasy.net> <20011217092228.C11456@www2.mrbrklyn.com> <20011217110219.A13466@www2.mrbrklyn.com> Message-ID: <6830951727.20011217182115@centras.lt> RS> He's innocent until proven guilty. RS> but that is only for the proceedings. RS> He is pronounced 'not guilty' of the charges when RS> the outcome of the court proceedings declare it RS> so or the case dropped. Here is a question: How long a person not proved to be guilty can be under inditement and not cleared and with charges not being dropped ? -- Best regards, DeBug mailto:debug@centras.lt -- From eaerme at newnorth.net Mon Dec 17 08:45:06 2001 From: eaerme at newnorth.net (Ernest A. Erickson) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] "Free"..."Prisoner"...."Exile"...?? Message-ID: <3C1E2112.4C870842@newnorth.net> I wonder how many times this is tossed about from one side to the other without anybody really "knowing" all there is to know, laws and all. Okay, let's set aside personal conviction/s. IF Dmitry does get to leave and return home, then HOW can the U.S. force him to maintain contact with the court if he so chooses not to? And if he chooses not to stay in contact with said court/s; what authority does ANY U.S. court have in a "foreign" land not under our legal jurisdiction? I read Dmitry has been dismissed of all charges(free), and also he's out on "extended" bail as well...Which is the CORRECT opinion? If one purchases an Adobe Ebook and because it is on a CD, whatever is ON that CD is also part and parcel "THE" contents in its entirety? Does one not have the right to make use of the entire content of said CD if one so chooses to do so now, or does the DMCA prevent myself from doing this as well(not that it matters to me)? Gee, maybe G.M should consider this option in their sales strategies as well...*Buy a vehicle from us; pay $38,000.00 for it and "IF" we decide you are a good enough driver, we'll unlock the electronic airbag protection device/s for your use*, but please note; any attempt to circumvent our locks will be in violation of the DMCA and we will prosecute. Scary huh? All of a sudden, everybody's got "security devices" built into their "stuff". Where does it end? I had 3 CDs of Adobe material on them...they are broken now, and I can no longer read ANY PDF file/s on any of my machines either. Adobe got their last penny out of my pockets forever! *Maybe Adobe has copyright to the design of condoms as well, given the screwing they gave Dmitry*. **Your rights END when you cross over onto my property, be it physical, intellectual or imagined** From tom at lemuria.org Mon Dec 17 09:49:45 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] "Free"..."Prisoner"...."Exile"...?? In-Reply-To: <3C1E2112.4C870842@newnorth.net>; from eaerme@newnorth.net on Mon, Dec 17, 2001 at 10:45:06AM -0600 References: <3C1E2112.4C870842@newnorth.net> Message-ID: <20011217184944.A24706@lemuria.org> On Mon, Dec 17, 2001 at 10:45:06AM -0600, Ernest A. Erickson wrote: > Okay, let's set aside personal conviction/s. > IF Dmitry does get to leave and return home, then HOW can the U.S. force > him to maintain contact with the court if he so chooses not to? > And if he chooses not to stay in contact with said court/s; what > authority does ANY U.S. court have in a "foreign" land not under our > legal jurisdiction? the US has in the past and is reserving the right to do in the future, taken foreign nationals by force from their homelands into the US in order to be tried in court. AFAIK there is even a specific law that this fact does not constitute any valid defense for the victim whatsoever. so far, it has - I believe - only been used on some drug dealers in south america. and I don't believe Dmitry will have the marines send after him. the point, however, is that the US is not exactly well known for respecting national boundaries, jurisdictions or other obstacles on the "one world, one reich" path. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From cananian at lesser-magoo.lcs.mit.edu Mon Dec 17 10:32:08 2001 From: cananian at lesser-magoo.lcs.mit.edu (C. Scott Ananian) Date: Fri Jul 8 22:09:32 2005 Subject: [DMITRY-BOSTON] Re: [free-sklyarov] Re: Continuing the fight In-Reply-To: Message-ID: Wow, what a flame-fest! Not to appear *too* sane, here, but: 1) as someone who *has* spent time in jail over free speech issues and whose charges *were* (eventually) dropped and who *did* none-the-less spend 8 days in Philadelphia's finest maximum security prison (CFCF), and 2) as a street organizer who spent many many hours on corners around Boston agitating for copyright reform, and thus is (I think) well-placed to say when (grassroots) "momentum is high" and when it is not, and 3) as a participating citizen of a democracy who writes real paper letters to his elected officials and gets back meaningful responses, and so somewhat knows what *their* stances and perspectives are (this statement only relavant for the Cambridge, MA area and its elected representatives), and 4) as an academic participant in discussions with undergraduates, librarians, *and* music industry types (most recently http://www.asis.org/Chapters/neasis/pc/programs/20011211.html and thanks to Jonah Jenkins here at MIT for both setting up this wonderful event and inviting me to be a panel participant), and so possessing slightly better information about the current state of copyright legislation and the various lobbyists than the average man-on-the-street, I see that a) Dmitry Sklyarov's release is in all ways a good thing. No man deserves to be imprisoned unjustly, and every release --- for whatever rationale --- makes our world a better place. No one who cares for individual human beings can disagree here. b) Sklyarov's case pales in importance compared to the 2600 and Felten cases. This is from talking to actual industry lawyers and lobbyists who are sensitive to how these precedents will be read. 2600 *magazine* was forbidden from even *linking* to software *they didn't even write*. From a freedom-of-speech perspective, this sets all sorts of undesirable precedents for publishers, the structure of the web, and the "viral nature of the internet" (to use the words of the decision). If you want to set good precedents, these are the battles you want to fight. No one is interested in the Sklyarov case for precedent because most of the interesting legal issues are over jurisdiction and such: it's not going to be used as a DMCA example case in the literature. And the DOJ was blatently attempting scare tactics: they weren't after precedent either. *Furthermore* the amount of disinformation I'm hearing *even from our friends* on this case is staggering. I wish people would stop carping on the Sklyarov case being the "first criminal use of the DMCA" (in particular) because it's *not*. c) Street fighting momentum *is* gone. It evaporated after September 11 and has not recovered. The mood of the country has changed. That's not to say that it is or is not appropriate/useful/etc, but simply noting the different atmosphere. Blindly reverting to tactics which were not even appropriate *before* Sklyarov's release (I'm referring particularly to an Adobe boycott) is a mistake. We need to re-trench and re-think. And on this note: d) Copyright issues will appear before the legislature in *February* in a big way. The next Sklyarov court date wasn't to be until April, and I think the recent agreement will not bring this any closer. The thing that should occupy our attention *now* and for the next few months is the *SSSCA* and the *MOCA* bill. (This means *DISNEY* and not Adobe should be the corporate target). These are the bills which will next attempt to abridge your freedom. These are the bills we need to fight. We have librarians on our side, and we even have composers and musicians on our side (it's a bit schizophrenic talking to ASCAP (for example), which represents both artists *and* publishers, but the sane half of ASCAP is with us). We need to write our congress-critters, visit them in person, do what is necessary to keep "digital rights management" out of our toasters. rms, I heard serious suggestions at the last conference I was at, to the effect that "the age of the general purpose computer is over". Single-purpose devices are seen as easier to "secure" for the new age of rights-management. Let's keep Alan Turning's soul at rest by keeping Turning-complete machines legal! I think the old "walk a mile in a man's shoes" proverb should be invoked here. I don't see *any* of the flame-festing and name-calling that has erupted on these lists as being a constructive means to our end. May I humbly suggest that loyalty-oaths be left buried with McCarthy's age and that we concentrate on what *we* can do to ensure our voices are heard when our elected *representatives* meet in February to discuss the future of copyright? And a final helpful suggestion from the ASCAP lobbyists: most hearings are public to some degree or another. That means that if you can afford to show up, you will often be heard. And that any comments you write are often *legally required* to be published and recorded. [The Microsoft antitrust settlement has a similar legally-required public comments period, while I'm on the topic.] You'd be *amazed* at how *few* public comments are actually recorded at any of these hearings. Say, 50-60 *tops*. Only *30* comments were recorded on the DMCA [http://lcweb.loc.gov/copyright/reports/studies/dmca/dmca_study.html] and I'm sad to say I didn't author any of them. I don't intend to repeat that mistake. Your active effort *will* (*really*!) make a difference. Who will speak on copyright issues, if not us? --scott justice early warning genetic LA global action network blowfish United Nations Saddam Hussein cracking IDEA arrangements Philadelphia North Korea ( http://lesser-magoo.lcs.mit.edu/~cananian ) -- "These students are going to have to find out what law and order is all about." -- Brig. General Robert Canterbury, Noon, May 4, 1970, minutes before his troops shot 13 unarmed Kent State students, killing 4. -- [http://www.cs.cmu.edu/~dst/DeCSS/Gallery/] #!/usr/bin/perl -w # 526-byte qrpff, Keith Winstein and Marc Horowitz # MPEG 2 PS VOB file on stdin -> descrambled output on stdout # arguments: title key bytes in least to most-significant order $_='while(read+STDIN,$_,2048){$a=29;$c=142;if((@a=unx"C*",$_)[20]&48){$h=5; $_=unxb24,join"",@b=map{xB8,unxb8,chr($_^$a[--$h+84])}@ARGV;s/...$/1$&/;$d= unxV,xb25,$_;$b=73;$e=256|(ord$b[4])<<9|ord$b[3];$d=$d>>8^($f=($t=255)&($d >>12^$d>>4^$d^$d/8))<<17,$e=$e>>8^($t&($g=($q=$e>>14&7^$e)^$q*8^$q<<6))<<9 ,$_=(map{$_%16or$t^=$c^=($m=(11,10,116,100,11,122,20,100)[$_/16%8])&110;$t ^=(72,@z=(64,72,$a^=12*($_%16-2?0:$m&17)),$b^=$_%64?12:0,@z)[$_%8]}(16..271)) [$_]^(($h>>=8)+=$f+(~$g&$t))for@a[128..$#a]}print+x"C*",@a}';s/x/pack+/g;eval From nickpda255 at yahoo.com Mon Dec 17 11:20:16 2001 From: nickpda255 at yahoo.com (Nicholas Lentz) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] "Free"..."Prisoner"...."Exile"...?? In-Reply-To: <20011217184944.A24706@lemuria.org> Message-ID: <20011217192016.37089.qmail@web20501.mail.yahoo.com> --- Tom wrote: > On Mon, Dec 17, 2001 at 10:45:06AM -0600, Ernest A. > Erickson wrote: > > Okay, let's set aside personal conviction/s. > > IF Dmitry does get to leave and return home, then > HOW can the U.S. force > > him to maintain contact with the court if he so > chooses not to? > > And if he chooses not to stay in contact with said > court/s; what > > authority does ANY U.S. court have in a "foreign" > land not under our > > legal jurisdiction? > > the US has in the past and is reserving the right to > do in the future, > taken foreign nationals by force from their > homelands into the US in > order to be tried in court. AFAIK there is even a > specific law that > this fact does not constitute any valid defense for > the victim > whatsoever. > > so far, it has - I believe - only been used on some > drug dealers in > south america. and I don't believe Dmitry will have > the marines send > after him. the point, however, is that the US is not > exactly well known > for respecting national boundaries, jurisdictions or > other obstacles on > the "one world, one reich" path. You seem to be forgetting that Russia has a significant stash of nuclear missiles. In fact, russia just tested a new scramjet based ICBM that can penetrate the proposed missile shield. Those south american countries do not have any nuclear weapons, and a limited military. Even though Russia may not be a giant superpower anymore, they still have enough nuclear capability to completely destroy the united states. The U.S. would not risk global nuclear war over copyright laws. Russia also recently declassified information that they have a stealth warship, also capable of carrying nuclear weapons. A war with Russia over Dmitry and the DMCA would be suicide, considering Russia's still formidable nuclear capability. The US would not be dealing with some small country with less military power than many police forces in the US, the US would be dealing with a country capapble of nuclear retaliation. I don't think the US is going to risk nuclear war and the destruction of all life on the planet over a law like the DMCA. __________________________________________________ Do You Yahoo!? Check out Yahoo! Shopping and Yahoo! Auctions for all of your unique holiday gifts! Buy at http://shopping.yahoo.com or bid at http://auctions.yahoo.com From ruben at mrbrklyn.com Mon Dec 17 12:36:01 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Fwd: Continuing the fight In-Reply-To: <20011217153412.A15927@www2.mrbrklyn.com>; from ruben@mrbrklyn.com on Mon, Dec 17, 2001 at 15:34:12 -0500 References: <20011217153412.A15927@www2.mrbrklyn.com> Message-ID: <20011217153601.C15927@www2.mrbrklyn.com> Good Post A) We should rename the mailing list or move it fairuse@mrbrklyn.com if we agree that the fight is over the DMCA and upcoming focus on a legistlative agenda. B) Focus on Congressman Weiner, since we've opened a crack here. He can potentially help lead the charge to protect fair use. We've already canvassed a good part of his district. C) We need to cordinate letter writing to committees better. D) We need to BE in Washington DC. BTW - We canvassed the streets in Brooklyn RIGHT THROUGH September with good results, within eyes view of the destruction of the WTC. Ruben On 2001.12.17 13:32:08 -0500 C. Scott Ananian wrote: >> Wow, what a flame-fest! >> >> Not to appear *too* sane, here, but: >> >> 1) as someone who *has* spent time in jail over free speech issues and >> whose charges *were* (eventually) dropped and who *did* none-the-less >> spend 8 days in Philadelphia's finest maximum security prison (CFCF), >> and >> 2) as a street organizer who spent many many hours on corners around >> Boston agitating for copyright reform, and thus is (I think) well-placed >> to say when (grassroots) "momentum is high" and when it is not, and >> 3) as a participating citizen of a democracy who writes real paper >> letters >> to his elected officials and gets back meaningful responses, and so >> somewhat knows what *their* stances and perspectives are (this statement >> only relavant for the Cambridge, MA area and its elected >> representatives), >> and >> 4) as an academic participant in discussions with undergraduates, >> librarians, *and* music industry types (most recently >> http://www.asis.org/Chapters/neasis/pc/programs/20011211.html >> and thanks to Jonah Jenkins here at MIT for both setting up this >> wonderful >> event and inviting me to be a panel participant), and so possessing >> slightly better information about the current state of copyright >> legislation and the various lobbyists than the average >> man-on-the-street, >> I see that >> a) Dmitry Sklyarov's release is in all ways a good thing. No man >> deserves >> to be imprisoned unjustly, and every release --- for whatever rationale >> --- makes our world a better place. No one who cares for individual >> human beings can disagree here. >> b) Sklyarov's case pales in importance compared to the 2600 and Felten >> cases. This is from talking to actual industry lawyers and lobbyists >> who >> are sensitive to how these precedents will be read. 2600 *magazine* was >> forbidden from even *linking* to software *they didn't even write*. >> From >> a freedom-of-speech perspective, this sets all sorts of undesirable >> precedents for publishers, the structure of the web, and the "viral >> nature >> of the internet" (to use the words of the decision). If you want to set >> good precedents, these are the battles you want to fight. No one is >> interested in the Sklyarov case for precedent because most of the >> interesting legal issues are over jurisdiction and such: it's not going >> to >> be used as a DMCA example case in the literature. And the DOJ was >> blatently attempting scare tactics: they weren't after precedent either. >> *Furthermore* the amount of disinformation I'm hearing *even from our >> friends* on this case is staggering. I wish people would stop carping >> on >> the Sklyarov case being the "first criminal use of the DMCA" (in >> particular) because it's *not*. >> c) Street fighting momentum *is* gone. It evaporated after September 11 >> and has not recovered. The mood of the country has changed. That's not >> to say that it is or is not appropriate/useful/etc, but simply noting >> the >> different atmosphere. Blindly reverting to tactics which were not even >> appropriate *before* Sklyarov's release (I'm referring particularly to >> an >> Adobe boycott) is a mistake. We need to re-trench and re-think. >> And on this note: >> d) Copyright issues will appear before the legislature in *February* in >> a >> big way. The next Sklyarov court date wasn't to be until April, and I >> think the recent agreement will not bring this any closer. The thing >> that >> should occupy our attention *now* and for the next few months is the >> *SSSCA* and the *MOCA* bill. (This means *DISNEY* and not Adobe should >> be >> the corporate target). These are the bills which will next attempt to >> abridge your freedom. These are the bills we need to fight. We have >> librarians on our side, and we even have composers and musicians on our >> side (it's a bit schizophrenic talking to ASCAP (for example), which >> represents both artists *and* publishers, but the sane half of ASCAP is >> with us). We need to write our congress-critters, visit them in person, >> do what is necessary to keep "digital rights management" out of our >> toasters. rms, I heard serious suggestions at the last conference I was >> at, to the effect that "the age of the general purpose computer is >> over". >> Single-purpose devices are seen as easier to "secure" for the new age of >> rights-management. Let's keep Alan Turning's soul at rest by keeping >> Turning-complete machines legal! >> >> I think the old "walk a mile in a man's shoes" proverb should be invoked >> here. I don't see *any* of the flame-festing and name-calling that has >> erupted on these lists as being a constructive means to our end. May I >> humbly suggest that loyalty-oaths be left buried with McCarthy's age and >> that we concentrate on what *we* can do to ensure our voices are heard >> when our elected *representatives* meet in February to discuss the >> future >> of copyright? >> >> And a final helpful suggestion from the ASCAP lobbyists: most hearings >> are public to some degree or another. That means that if you can afford >> to show up, you will often be heard. And that any comments you write >> are >> often *legally required* to be published and recorded. [The Microsoft >> antitrust settlement has a similar legally-required public comments >> period, while I'm on the topic.] You'd be *amazed* at how *few* public >> comments are actually recorded at any of these hearings. Say, 50-60 >> *tops*. Only *30* comments were recorded on the DMCA >> [http://lcweb.loc.gov/copyright/reports/studies/dmca/dmca_study.html] >> and I'm sad to say I didn't author any of them. I don't intend to >> repeat >> that mistake. Your active effort *will* (*really*!) make a difference. >> Who will speak on copyright issues, if not us? >> --scott >> >> justice early warning genetic LA global action network blowfish United >> Nations >> Saddam Hussein cracking IDEA arrangements Philadelphia North Korea >> ( http://lesser-magoo.lcs.mit.edu/~cananian ) >> -- >> "These students are going to have to find out what law and order is >> all about." -- Brig. General Robert Canterbury, Noon, May 4, 1970, >> minutes before his troops shot 13 unarmed Kent State students, killing >> 4. >> -- >> [http://www.cs.cmu.edu/~dst/DeCSS/Gallery/] >> #!/usr/bin/perl -w >> # 526-byte qrpff, Keith Winstein and Marc Horowitz >> >> # MPEG 2 PS VOB file on stdin -> descrambled output on stdout >> # arguments: title key bytes in least to most-significant order >> $_='while(read+STDIN,$_,2048){$a=29;$c=142;if((@a=unx"C*",$_)[20]&48){$h=5; >> $_=unxb24,join"",@b=map{xB8,unxb8,chr($_^$a[--$h+84])}@ARGV;s/...$/1$&/;$d= >> unxV,xb25,$_;$b=73;$e=256|(ord$b[4])<<9|ord$b[3];$d=$d>>8^($f=($t=255)&($d >>>> 12^$d>>4^$d^$d/8))<<17,$e=$e>>8^($t&($g=($q=$e>>14&7^$e)^$q*8^$q<<6))<<9 >> ,$_=(map{$_%16or$t^=$c^=($m=(11,10,116,100,11,122,20,100)[$_/16%8])&110;$t >> ^=(72,@z=(64,72,$a^=12*($_%16-2?0:$m&17)),$b^=$_%64?12:0,@z)[$_%8]}(16..271)) >> [$_]^(($h>>=8)+=$f+(~$g&$t))for@a[128..$#a]}print+x"C*",@a}';s/x/pack+/g;eval >> >> >> >> _______________________________________________ >> free-sklyarov mailing list >> free-sklyarov@zork.net >> http://zork.net/mailman/listinfo/free-sklyarov >> -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From proclus at iname.com Mon Dec 17 13:04:40 2001 From: proclus at iname.com (proclus@iname.com) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Fwd: Continuing the fight In-Reply-To: <20011217153601.C15927@www2.mrbrklyn.com> Message-ID: <200112172104.fBHL4kE19905@astrolabei> It is good to hear that we will not be dropping the ball now that Dmitry is free. Thanks to the input of several people on this list, I have been able to refocus our response at GNU-Darwin. http://gnu-darwin.sourceforge.net/news.html The tone in my opinion should be exuberance and persistence. Accept Dmitry's release as a victory in one battle, and take heart, but keep pushing. We still have much ground to reclaim for freedom. Dmitry's release shows us that we have chance for success. We mention Adobe 6 times because of their instigation of this affair, and we will support any boycotters with free software replacements for Adobe products. Just email us. Incidently, we are also dogging Microsoft for other reasons, if you are interested. The greedy powers have shown that they care more for profits than for our freedoms, so we should let our discontent ring in their ears until our freedoms are restored. We should not relent. http://gnu-darwin.sourceforge.net/download.html I would support the renaming of the list to fair-use-rights, or something similar. Regards, proclus http://www.gnu-darwin.org/ -- Visit proclus realm! http://proclus.tripod.com/ -----BEGIN GEEK CODE BLOCK----- Version: 3.1 GMU/S d+@ s: a+ C++++ UBULI++++$ P+ L+++(++++) E--- W++ N- !o K- w--- !O M++@ V-- PS+++ PE Y+ PGP-- t+++(+) 5+++ X+ R tv-(--)@ b !DI D- G e++++ h--- r+++ y++++ ------END GEEK CODE BLOCK------ -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 229 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011217/c59e06e0/attachment.pgp From dmarti at zgp.org Mon Dec 17 16:20:48 2001 From: dmarti at zgp.org (Don Marti) Date: Fri Jul 8 22:09:32 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: References: <200112170549.fBH5nBl00907@aztec.santafe.edu> Message-ID: <20011217162048.C4254@zgp.org> begin Jay Sulzberger quotation of Mon, Dec 17, 2001 at 07:31:04AM -0500: > Yes. We must redouble our efforts. We pushed Adobe back a little, and we > helped free Dmitry. Now to roll back the DMCA and stop the SSSCA. Having studied the situation and conferred with EFF staff, I have come to the following conclusion: Party. Dasvedanya Dmitry! A party in San Francisco to celebrate Dmitry Sklyarov's freedom. Dmitry and his attorney have been invited. Meet your favorite EFF personalities and have some beer! Wednesday, December 19th 7:00 PM until closing 21St Amendment Brewery Cafe 563 2nd Street San Francisco, CA 94107 http://www.21st-amendment.com/21A.html 2nd Amendment Brewery Cafe is on 2nd St. between Bryant and Brannan. From schoen at loyalty.org Mon Dec 17 16:33:54 2001 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:32 2005 Subject: [DMITRY-PLAN] Re: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217162048.C4254@zgp.org> References: <200112170549.fBH5nBl00907@aztec.santafe.edu> <20011217162048.C4254@zgp.org> Message-ID: <20011218003354.GC30298@zork.net> Don Marti writes: > begin Jay Sulzberger quotation of Mon, Dec 17, 2001 at 07:31:04AM -0500: > > > Yes. We must redouble our efforts. We pushed Adobe back a little, and we > > helped free Dmitry. Now to roll back the DMCA and stop the SSSCA. > > Having studied the situation and conferred with EFF staff, I have > come to the following conclusion: > > Party. > > > Dasvedanya Dmitry! > > A party in San Francisco to celebrate Dmitry Sklyarov's freedom. > > Dmitry and his attorney have been invited. > > Meet your favorite EFF personalities and have some beer! We are still working on an official EFF announcement, but all this information is correct. I hope to see lots of people there. -- Seth David Schoen | Its really terrible when FBI arrested Temp. http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull down: http://www.loyalty.org/ (CAF) | mission -- to share his knowledge with http://www.freesklyarov.org/ | american nation. (Ilya V. Vasilyev) From mrussotto at speakeasy.net Mon Dec 17 16:48:06 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:33 2005 Subject: [DMITRY-BOSTON] Re: [free-sklyarov] Re: Continuing the fight In-Reply-To: Message-ID: On Monday, December 17, 2001, at 01:32 PM, C. Scott Ananian wrote: > b) Sklyarov's case pales in importance compared to the 2600 and Felten > cases. Indeed. But Felten is now an un-case; it's been summarily dismissed. No case or controversy. Apparently someone replaced Blind Justice with the See No Evil/Hear No Evil/Speak No Evil monkeys. > good precedents, these are the battles you want to fight. No one is > interested in the Sklyarov case for precedent because most of the > interesting legal issues are over jurisdiction and such Well, that's actually pretty important for those who aren't in the US. > d) Copyright issues will appear before the legislature in *February* > in a > big way. The next Sklyarov court date wasn't to be until April, and I > think the recent agreement will not bring this any closer. The thing > that > should occupy our attention *now* and for the next few months is the > *SSSCA* and the *MOCA* bill. (This means *DISNEY* and not Adobe should > be > the corporate target). Uhh, what's MOCA? From schoen at loyalty.org Mon Dec 17 17:09:58 2001 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] Party -- This Wednesday, December 19th Message-ID: <20011218010958.GI30298@zork.net> Don Marti has already announced this here, but here's what just went out on the BayFF list: ----- Forwarded message from Katina Bishop ----- Date: Mon, 17 Dec 2001 16:55:55 -0800 To: katina@eff.org From: Katina Bishop Subject: [BayFF] Party- This Wednesday, December 19th Dmitry's free to return home! Let's celebrate and wish him well for his upcoming journey. (We can also wish him a happy 27th birthday!) We plan to gather at the 21st Amendment Brewery and Restaurant at 7:00 p.m. this Wednesday, December 19 -- the food is great, so come hungry. We've invited Dmitry Sklyarov, his family, and Alex Katalov, and we hope to see them there. Veterans of the Free Dmitry movement are encouraged to come to celebrate Dmitry's hard-won freedom. 21st Amendment Brewery/Cafe/Bar 563 2nd Street (between Bryant and Brannan) San Francisco, CA 94107 http://www.21st-amendment.com/21A.html The 21st Amendment is convenient to BART (Montgomery Station) and CalTrain (San Francisco station). Food and beverages will be sold (dinner from 7:00 until 9:00 only). Vegetarian food is available. Dmitry was arrested by the FBI in Las Vegas on July 17 and charged in California with violations of the Digital Millennium Copyright Act. After repeated grassroots protests and negotiations, his lawyers reached an agreement last week allowing him to return home. ----- End forwarded message ----- -- Seth David Schoen | Its really terrible when FBI arrested Temp. http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull down: http://www.loyalty.org/ (CAF) | mission -- to share his knowledge with http://www.freesklyarov.org/ | american nation. (Ilya V. Vasilyev) From schoen at loyalty.org Mon Dec 17 18:27:30 2001 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release Message-ID: <20011218022730.GQ30298@zork.net> http://www.publishers.org/press/index.htm -- Seth David Schoen | Its really terrible when FBI arrested Temp. http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull down: http://www.loyalty.org/ (CAF) | mission -- to share his knowledge with http://www.freesklyarov.org/ | american nation. (Ilya V. Vasilyev) From dmarti at zgp.org Mon Dec 17 19:54:40 2001 From: dmarti at zgp.org (Don Marti) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011218022730.GQ30298@zork.net> References: <20011218022730.GQ30298@zork.net> Message-ID: <20011217195440.B8843@zgp.org> begin Seth David Schoen quotation of Mon, Dec 17, 2001 at 06:27:30PM -0800: > http://www.publishers.org/press/index.htm This is my cue to remind you all of "Publishers Hail Government Action Against Russian Ebook Hackers" right? The nation's largest association of book and journal publishers today hailed the actions of the U.S. Department of Justice in arresting and charging a Russian cryptographer for trafficking in software that was primarily designed to "hack" technological safeguards that prevent unauthorized copying and distribution of ebooks. http://www.publishers.org/press/russian.htm Which is it, Pat? Do you want him locked up or free? Personally, I've been for free all along. Your members are sure making it easy to boycott them: http://www.nytimes.com/2001/12/16/books/16BOOK.html Don't forget, if you're in San Francisco, "Dasvedanya Dmitry" Party on Wednesday evening: http://linuxjournal.com/article.php?sid=5680 -- Don Marti What do we want? Free Dmitry! When do we want it? Now! http://zgp.org/~dmarti dmarti@zgp.org Free the web, burn all GIFs. KG6INA http://burnallgifs.org/ From ilya at theIlya.com Mon Dec 17 20:14:14 2001 From: ilya at theIlya.com (Ilya Volynets) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011217195440.B8843@zgp.org> References: <20011218022730.GQ30298@zork.net> <20011217195440.B8843@zgp.org> Message-ID: <20011218041417.23172.qmail@gateway.total-knowledge.com> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On Monday 17 December 2001 07:54 pm, Don Marti wrote: > Your members are sure making it easy to boycott them: > http://www.nytimes.com/2001/12/16/books/16BOOK.html It looks like entertainment companies are doing everything in their power to kill book-reading market in US. Number of people in here that enjoy reading is already surprisingly low (that's my personal impression, I don't have numbers). -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.0.4 (GNU/Linux) Comment: For info see http://www.gnupg.org iEYEARECAAYFAjwewpkACgkQ84S94bALfyVRDQCghg8Zt12wFqc5zLQbHRU+zlI8 U4QAoIE7fpe/DHw4oxI45SIDEjwybjZ5 =mgdq -----END PGP SIGNATURE----- From dmarti at zgp.org Mon Dec 17 20:26:00 2001 From: dmarti at zgp.org (Don Marti) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011218041417.23172.qmail@gateway.total-knowledge.com> References: <20011218022730.GQ30298@zork.net> <20011217195440.B8843@zgp.org> <20011218041417.23172.qmail@gateway.total-knowledge.com> Message-ID: <20011217202600.F8843@zgp.org> begin Ilya Volynets quotation of Mon, Dec 17, 2001 at 08:14:14PM -0800: > On Monday 17 December 2001 07:54 pm, Don Marti wrote: > > Your members are sure making it easy to boycott them: > > http://www.nytimes.com/2001/12/16/books/16BOOK.html > It looks like entertainment companies are doing everything > in their power to kill book-reading market in US. > Number of people in here that enjoy reading is already > surprisingly low (that's my personal impression, I don't > have numbers). Why buy a cow when you can get milk for free? Public libraries are expanding in the US. Infiltrate and politicize your local Friends of the Library today! -- Don Marti What do we want? Free Dmitry! When do we want it? Now! http://zgp.org/~dmarti dmarti@zgp.org Free the web, burn all GIFs. KG6INA http://burnallgifs.org/ From mlc67 at columbia.edu Mon Dec 17 20:29:13 2001 From: mlc67 at columbia.edu (mike castleman) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011217195440.B8843@zgp.org> References: <20011218022730.GQ30298@zork.net> <20011217195440.B8843@zgp.org> Message-ID: <20011218042913.GE20392@pinetree.dhs.org> On Mon, Dec 17, 2001 at 07:54:40PM -0800, Don Marti wrote: > Which is it, Pat? Do you want him locked up or free? Personally, > I've been for free all along. What? You expect consistency from these folk? Seriously, one of the most annoying but consistent rules of dealing with mean, powerful people (the two seem to go hand in hand) is that they always have to think they've won.[*] Even when DMCA is overruled by the Supreme Court eventually, you can bet that MPAA, AAP, and friends will be issuing press releases about how, really, this is all for the best and blah blah blah blah blah. Ignore them. [*] Just one example of many: the campus anti-sweatshop protests of a couple years ago. Students would take over their administrations' offices and demand X, Y, and Z, which the administrations had previously been unwilling to consider. Then, all of a sudden, administrations issue statements about how after "careful consideration", they've come to the conclusion that X, Y, and 1/2 of Z are really wonderful things for the university, and they should've been doing them all along, and these kids in the President's office have nothing to do with that decision, nosiree. Really kinda funny. ?is la, mike -- mike castleman / mlc67@columbia.edu / http://mlcastle.net / (646) 382-7220 current location: columbia university, new york, ny, us students for an orwellian society: http://www.studentsfororwell.org/ because 2001 is 17 years too late. -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011217/f80a22fc/attachment.pgp From martinb at kemokid.com Mon Dec 17 20:42:12 2001 From: martinb at kemokid.com (Martin Baker) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011217202600.F8843@zgp.org> Message-ID: On Mon, 17 Dec 2001, Don Marti wrote: > Why buy a cow when you can get milk for free? Public libraries are > expanding in the US. Infiltrate and politicize your local Friends > of the Library today! Or here's an idea for a kick-ass free software/free service project: distributed library systems. Enable a person to register that they own a copy of a book (along with reviews, etc.), and allow others nearby to contact that person, meet them, and borrow their books, with online keeping of who borrowed what. Not only will this increase information access, but will allow people to meet others of similar interests. Martin From ilya at theIlya.com Mon Dec 17 21:05:04 2001 From: ilya at theIlya.com (Ilya Volynets) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011217202600.F8843@zgp.org> References: <20011218022730.GQ30298@zork.net> <20011218041417.23172.qmail@gateway.total-knowledge.com> <20011217202600.F8843@zgp.org> Message-ID: <20011218050508.23576.qmail@gateway.total-knowledge.com> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On Monday 17 December 2001 08:26 pm, you wrote: > begin Ilya Volynets quotation of Mon, Dec 17, 2001 at 08:14:14PM -0800: > > On Monday 17 December 2001 07:54 pm, Don Marti wrote: > > > Your members are sure making it easy to boycott them: > > > http://www.nytimes.com/2001/12/16/books/16BOOK.html > > > > It looks like entertainment companies are doing everything > > in their power to kill book-reading market in US. > > Number of people in here that enjoy reading is already > > surprisingly low (that's my personal impression, I don't > > have numbers). > > Why buy a cow when you can get milk for free? Public libraries are > expanding in the US. Infiltrate and politicize your local Friends > of the Library today! Yeah, right. Show me library near-by with books in russian or ukrainian... Though, *these* books are not part of complaint: they are usually available for rather low prices in some specific stores. There is another argument for being able to buy a book, as opposed to getting one from library (or buying rights-stripped ebook): some people like puting remarks on margins. This is important, but often overlooked part of reading process. I'm in no way arguing against libraries. It is just that home-libraries are important part of reading culture. -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.0.4 (GNU/Linux) Comment: For info see http://www.gnupg.org iEYEARECAAYFAjwezoMACgkQ84S94bALfyXGEACfcPHvh+O/jWkLti1VDx4YArko yV8AoK6nLmIjeyT2fgluHhqok272gIhX =mlHp -----END PGP SIGNATURE----- From ilya at theIlya.com Mon Dec 17 21:06:38 2001 From: ilya at theIlya.com (Ilya Volynets) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: References: Message-ID: <20011218050641.23600.qmail@gateway.total-knowledge.com> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On Monday 17 December 2001 08:42 pm, Martin Baker wrote: > On Mon, 17 Dec 2001, Don Marti wrote: > > Why buy a cow when you can get milk for free? Public libraries are > > expanding in the US. Infiltrate and politicize your local Friends > > of the Library today! > > Or here's an idea for a kick-ass free software/free service project: > distributed library systems. Enable a person to register that they own a > copy of a book (along with reviews, etc.), and allow others nearby to > contact that person, meet them, and borrow their books, with online > keeping of who borrowed what. Not only will this increase information > access, but will allow people to meet others of similar interests. > > Martin > If you are serious about it, I could donate computing resources, and some of my personal coding time. Ilya. P.S. Yeah, and don't forget ~2000 title home library. -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.0.4 (GNU/Linux) Comment: For info see http://www.gnupg.org iEYEARECAAYFAjwezuEACgkQ84S94bALfyVCwACgieMku1MCwEGnrJB691vN0CFq +IUAoKUri+PQeX3pgJWxMWxaRv5Appvk =fpap -----END PGP SIGNATURE----- From rms at gnu.org Mon Dec 17 21:34:20 2001 From: rms at gnu.org (Richard Stallman) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217013029.A21496@sethf.com> (message from Seth Finkelstein on Mon, 17 Dec 2001 01:30:29 -0500) References: <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> <200112170549.fBH5nBl00907@aztec.santafe.edu> <20011217013029.A21496@sethf.com> Message-ID: <200112180534.fBI5YK605611@aztec.santafe.edu> > At this point, the only thing left for us to do is to push hard to > punish Adobe--so hard that anyone will think twice before daring to do > this again. Sklyarov is no longer a cause celebre, but we can make > Adobe a cause celebre if we work at it. Can we? Not to be too cynical, but I think the major rallying-point is now gone. There have been protest rallies with tens of thousands of people in the past month. It is not constructive to be defeatist. We don't know what we can achieve unless we try. The question is, will we try our best, or will we give up? I think we should try our best. We should bring the protest to Adobe and to any other company that threatens our freedom. Some of us have never stopped condemning Adobe; the rest of us can join in. We can make it more effective if we have an organization. An existing organization with some prestige, such as the EFF, would be best. But a new organization would be better than none at all. There's *plenty* of DMCA court action yet to be done. There is some DMCA court action yet to be done, but it is time to start trying other things as well. In our political efforts, we should aim at the DMCA, because that automatically implies opposition to any stronger measures. But if we protest Disney (at movie theaters?) we could give out handouts about the SSSCA as well. From rms at gnu.org Mon Dec 17 21:35:43 2001 From: rms at gnu.org (Richard Stallman) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <5.1.0.14.0.20011216224320.00acad30@mail.maden.org> (crism@maden.org) References: <20011216000001.A13534@sethf.com> <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> <5.1.0.14.0.20011216224320.00acad30@mail.maden.org> Message-ID: <200112180535.fBI5Zhv05802@aztec.santafe.edu> ??? In what sense did he have a duty? This wasn't a prearranged test case; this was a guy visiting a foreign country getting grabbed, and finding a way to go home again. Sometimes a person finds himself in a situation where other people's freedom depends on him. I think that situation brings with it a moral duty to stand up for freedom. Some people think that other countries don't matter. I disagree with that view. Fighting for their freedom can be just about as important as fighting for freedom in one's own country. In this case, though, the fight is for all countries. The US is trying hard to push the DMCA onto the whole rest of the world. Russians are safe for the moment, but they can't assume they will remain safe. Their freedom is on the line too, in the long term. From mk at ucant.org Mon Dec 17 04:01:11 2001 From: mk at ucant.org (Martin Keegan) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217021230.G9172@www2.mrbrklyn.com> Message-ID: On Mon, 17 Dec 2001, Ruben Safir wrote: > I'm more interested in the work we have to do up ahead. NY Fair Use has > made a beach head with Anthony Wiener, who is on the IP subcommittee and > is here in Brooklyn. People should contact him and try to make him more > aware of us and get us a face to face in DC. > > If we succeed in working with him, Senator Schumer won't be far behind > since they are close friends, and Bouchner willhave one more voice in the > Judicial committee. Boucher is the one who said that the absence of objectors (people like us) when the DMCA was going through significantly impeded his efforts to tone down the proposed law, isn't he? > Politcal action is more important now than ever. Well, it doesn't look like much can be done to help Dmitri for the time being. Have you folks in the States actually got a plan for getting the DMCA amended, yet? In the UK, we are faced with the imminent implementation of an equivalent law, and have had our noses in the academic law journals for the past few months; there's a huge amount of intellectual ammunition being stockpiled in the literature by white-hat lawyers, just waiting to be used on your local neighbourhood politician. It's too late to stop the juggernaut in the UK in respect of the legislation being introduced at the moment (we have serious European treaty obligations which will blow up on us if we don't pass the law), but like the DMCA, the EUCD has a "review every couple of years" provision, so there's everything to play for as we go into the second round :) Mk From mk at ucant.org Mon Dec 17 06:52:14 2001 From: mk at ucant.org (Martin Keegan) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217092228.C11456@www2.mrbrklyn.com> Message-ID: On Mon, 17 Dec 2001, Ruben Safir wrote: > > And now Sklyarov gets to be innocent > > No - he gets to be innocent when the charges are dropped. Presumption of innccence going out of fashion State-side? Mk From ruben at mrbrklyn.com Mon Dec 17 12:34:12 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] Continuing the fight In-Reply-To: ; from cananian@lesser-magoo.lcs.mit.edu on Mon, Dec 17, 2001 at 13:32:08 -0500 References: Message-ID: <20011217153412.A15927@www2.mrbrklyn.com> Good Post A) We should rename the mailing list or move it fairuse@mrbrklyn.com if we agree that the fight is over the DMCA and upcoming focus on a legistlative agenda. B) Focus on Congressman Weiner, since we've opened a crack here. He can potentially help lead the charge to protect fair use. We've already canvassed a good part of his district. C) We need to cordinate letter writing to committees better. D) We need to BE in Washington DC. BTW - We canvassed the streets in Brooklyn RIGHT THROUGH September with good results, within eyes view of the destruction of the WTC. Ruben On 2001.12.17 13:32:08 -0500 C. Scott Ananian wrote: >> Wow, what a flame-fest! >> >> Not to appear *too* sane, here, but: >> >> 1) as someone who *has* spent time in jail over free speech issues and >> whose charges *were* (eventually) dropped and who *did* none-the-less >> spend 8 days in Philadelphia's finest maximum security prison (CFCF), >> and >> 2) as a street organizer who spent many many hours on corners around >> Boston agitating for copyright reform, and thus is (I think) well-placed >> to say when (grassroots) "momentum is high" and when it is not, and >> 3) as a participating citizen of a democracy who writes real paper >> letters >> to his elected officials and gets back meaningful responses, and so >> somewhat knows what *their* stances and perspectives are (this statement >> only relavant for the Cambridge, MA area and its elected >> representatives), >> and >> 4) as an academic participant in discussions with undergraduates, >> librarians, *and* music industry types (most recently >> http://www.asis.org/Chapters/neasis/pc/programs/20011211.html >> and thanks to Jonah Jenkins here at MIT for both setting up this >> wonderful >> event and inviting me to be a panel participant), and so possessing >> slightly better information about the current state of copyright >> legislation and the various lobbyists than the average >> man-on-the-street, >> I see that >> a) Dmitry Sklyarov's release is in all ways a good thing. No man >> deserves >> to be imprisoned unjustly, and every release --- for whatever rationale >> --- makes our world a better place. No one who cares for individual >> human beings can disagree here. >> b) Sklyarov's case pales in importance compared to the 2600 and Felten >> cases. This is from talking to actual industry lawyers and lobbyists >> who >> are sensitive to how these precedents will be read. 2600 *magazine* was >> forbidden from even *linking* to software *they didn't even write*. >> From >> a freedom-of-speech perspective, this sets all sorts of undesirable >> precedents for publishers, the structure of the web, and the "viral >> nature >> of the internet" (to use the words of the decision). If you want to set >> good precedents, these are the battles you want to fight. No one is >> interested in the Sklyarov case for precedent because most of the >> interesting legal issues are over jurisdiction and such: it's not going >> to >> be used as a DMCA example case in the literature. And the DOJ was >> blatently attempting scare tactics: they weren't after precedent either. >> *Furthermore* the amount of disinformation I'm hearing *even from our >> friends* on this case is staggering. I wish people would stop carping >> on >> the Sklyarov case being the "first criminal use of the DMCA" (in >> particular) because it's *not*. >> c) Street fighting momentum *is* gone. It evaporated after September 11 >> and has not recovered. The mood of the country has changed. That's not >> to say that it is or is not appropriate/useful/etc, but simply noting >> the >> different atmosphere. Blindly reverting to tactics which were not even >> appropriate *before* Sklyarov's release (I'm referring particularly to >> an >> Adobe boycott) is a mistake. We need to re-trench and re-think. >> And on this note: >> d) Copyright issues will appear before the legislature in *February* in >> a >> big way. The next Sklyarov court date wasn't to be until April, and I >> think the recent agreement will not bring this any closer. The thing >> that >> should occupy our attention *now* and for the next few months is the >> *SSSCA* and the *MOCA* bill. (This means *DISNEY* and not Adobe should >> be >> the corporate target). These are the bills which will next attempt to >> abridge your freedom. These are the bills we need to fight. We have >> librarians on our side, and we even have composers and musicians on our >> side (it's a bit schizophrenic talking to ASCAP (for example), which >> represents both artists *and* publishers, but the sane half of ASCAP is >> with us). We need to write our congress-critters, visit them in person, >> do what is necessary to keep "digital rights management" out of our >> toasters. rms, I heard serious suggestions at the last conference I was >> at, to the effect that "the age of the general purpose computer is >> over". >> Single-purpose devices are seen as easier to "secure" for the new age of >> rights-management. Let's keep Alan Turning's soul at rest by keeping >> Turning-complete machines legal! >> >> I think the old "walk a mile in a man's shoes" proverb should be invoked >> here. I don't see *any* of the flame-festing and name-calling that has >> erupted on these lists as being a constructive means to our end. May I >> humbly suggest that loyalty-oaths be left buried with McCarthy's age and >> that we concentrate on what *we* can do to ensure our voices are heard >> when our elected *representatives* meet in February to discuss the >> future >> of copyright? >> >> And a final helpful suggestion from the ASCAP lobbyists: most hearings >> are public to some degree or another. That means that if you can afford >> to show up, you will often be heard. And that any comments you write >> are >> often *legally required* to be published and recorded. [The Microsoft >> antitrust settlement has a similar legally-required public comments >> period, while I'm on the topic.] You'd be *amazed* at how *few* public >> comments are actually recorded at any of these hearings. Say, 50-60 >> *tops*. Only *30* comments were recorded on the DMCA >> [http://lcweb.loc.gov/copyright/reports/studies/dmca/dmca_study.html] >> and I'm sad to say I didn't author any of them. I don't intend to >> repeat >> that mistake. Your active effort *will* (*really*!) make a difference. >> Who will speak on copyright issues, if not us? >> --scott >> >> justice early warning genetic LA global action network blowfish United >> Nations >> Saddam Hussein cracking IDEA arrangements Philadelphia North Korea >> ( http://lesser-magoo.lcs.mit.edu/~cananian ) >> -- >> "These students are going to have to find out what law and order is >> all about." -- Brig. General Robert Canterbury, Noon, May 4, 1970, >> minutes before his troops shot 13 unarmed Kent State students, killing >> 4. >> -- >> [http://www.cs.cmu.edu/~dst/DeCSS/Gallery/] >> #!/usr/bin/perl -w >> # 526-byte qrpff, Keith Winstein and Marc Horowitz >> >> # MPEG 2 PS VOB file on stdin -> descrambled output on stdout >> # arguments: title key bytes in least to most-significant order >> $_='while(read+STDIN,$_,2048){$a=29;$c=142;if((@a=unx"C*",$_)[20]&48){$h=5; >> $_=unxb24,join"",@b=map{xB8,unxb8,chr($_^$a[--$h+84])}@ARGV;s/...$/1$&/;$d= >> unxV,xb25,$_;$b=73;$e=256|(ord$b[4])<<9|ord$b[3];$d=$d>>8^($f=($t=255)&($d >>>> 12^$d>>4^$d^$d/8))<<17,$e=$e>>8^($t&($g=($q=$e>>14&7^$e)^$q*8^$q<<6))<<9 >> ,$_=(map{$_%16or$t^=$c^=($m=(11,10,116,100,11,122,20,100)[$_/16%8])&110;$t >> ^=(72,@z=(64,72,$a^=12*($_%16-2?0:$m&17)),$b^=$_%64?12:0,@z)[$_%8]}(16..271)) >> [$_]^(($h>>=8)+=$f+(~$g&$t))for@a[128..$#a]}print+x"C*",@a}';s/x/pack+/g;eval >> >> >> >> _______________________________________________ >> free-sklyarov mailing list >> free-sklyarov@zork.net >> http://zork.net/mailman/listinfo/free-sklyarov >> -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From jays at panix.com Mon Dec 17 16:34:50 2001 From: jays at panix.com (Jay Sulzberger) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011217153412.A15927@www2.mrbrklyn.com> Message-ID: On Mon, 17 Dec 2001, Ruben Safir wrote: > Good Post > > A) We should rename the mailing list or move it fairuse@mrbrklyn.com > if we agree that the fight is over the DMCA and upcoming focus on > a legistlative agenda. Sure. And evryone, or perhaps almost evryone on evry one of these lists knows that the large fight is to roll back the DMCA and stop the SSSCA. > > B) Focus on Congressman Weiner, since we've opened a crack here. He can > potentially help lead the charge to protect fair use. We've already > canvassed a good part of his district. Yes. Let us speak to Representative Weiner and his team. > > C) We need to cordinate letter writing to committees better. Yes. > > D) We need to BE in Washington DC. And C again. > > BTW - We canvassed the streets in Brooklyn RIGHT THROUGH September with > good results, within eyes view of the destruction of the WTC. > > > Ruben Yes. The struggle continues! oo--JS. From cananian at lesser-magoo.lcs.mit.edu Mon Dec 17 22:03:16 2001 From: cananian at lesser-magoo.lcs.mit.edu (C. Scott Ananian) Date: Fri Jul 8 22:09:33 2005 Subject: [DMITRY-BOSTON] Re: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112180535.fBI5Zhv05802@aztec.santafe.edu> Message-ID: On Mon, 17 Dec 2001, Richard Stallman wrote: > ??? In what sense did he have a duty? This wasn't a prearranged test > case; this was a guy visiting a foreign country getting grabbed, and > finding a way to go home again. > > Sometimes a person finds himself in a situation where other people's > freedom depends on him. I think that situation brings with it a moral > duty to stand up for freedom. Look, I appreciate your strong feelings, but the discussion is not productive. None of us on this list is Dmitry Sklyarov. Our opinions don't matter, and further discussion is only going to cause needless division among us. Do we *really* want to form "Dmitry should be in jail" and "Good thing Dmitry's out" factions? We need to stand together. Can we make this part of the thread go away? --s RUCKUS Nader smuggle Dictionary Iraq assassinate class struggle SDI Washington $400 million in gold bullion DNC Hager Mk 48 Mossad Rijndael ( http://lesser-magoo.lcs.mit.edu/~cananian ) -- "These students are going to have to find out what law and order is all about." -- Brig. General Robert Canterbury, Noon, May 4, 1970, minutes before his troops shot 13 unarmed Kent State students, killing 4. -- [http://www.cs.cmu.edu/~dst/DeCSS/Gallery/] #!/usr/bin/perl -w # 526-byte qrpff, Keith Winstein and Marc Horowitz # MPEG 2 PS VOB file on stdin -> descrambled output on stdout # arguments: title key bytes in least to most-significant order $_='while(read+STDIN,$_,2048){$a=29;$c=142;if((@a=unx"C*",$_)[20]&48){$h=5; $_=unxb24,join"",@b=map{xB8,unxb8,chr($_^$a[--$h+84])}@ARGV;s/...$/1$&/;$d= unxV,xb25,$_;$b=73;$e=256|(ord$b[4])<<9|ord$b[3];$d=$d>>8^($f=($t=255)&($d >>12^$d>>4^$d^$d/8))<<17,$e=$e>>8^($t&($g=($q=$e>>14&7^$e)^$q*8^$q<<6))<<9 ,$_=(map{$_%16or$t^=$c^=($m=(11,10,116,100,11,122,20,100)[$_/16%8])&110;$t ^=(72,@z=(64,72,$a^=12*($_%16-2?0:$m&17)),$b^=$_%64?12:0,@z)[$_%8]}(16..271)) [$_]^(($h>>=8)+=$f+(~$g&$t))for@a[128..$#a]}print+x"C*",@a}';s/x/pack+/g;eval From debug at centras.lt Tue Dec 18 01:28:23 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:33 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011217202600.F8843@zgp.org> References: <20011218022730.GQ30298@zork.net> <20011217195440.B8843@zgp.org> <20011218041417.23172.qmail@gateway.total-knowledge.com> <20011217202600.F8843@zgp.org> Message-ID: <222251489.20011218102823@centras.lt> DM> Why buy a cow when you can get milk for free? Public libraries are DM> expanding in the US. Infiltrate and politicize your local Friends DM> of the Library today! I get used to read when i travel (i usually travel by train) and libraries does not help much if you cannot take a copy of the book with you... -- Best regards, DeBug mailto:debug@centras.lt -- From debug at centras.lt Tue Dec 18 01:35:14 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011218050641.23600.qmail@gateway.total-knowledge.com> References: <20011218050641.23600.qmail@gateway.total-knowledge.com> Message-ID: <872662571.20011218103514@centras.lt> >> Or here's an idea for a kick-ass free software/free service project: >> distributed library systems. IV> If you are serious about it, I could donate computing resources, and IV> some of my personal coding time. Does not peer to peer serve this purpose ? -- Best regards, DeBug mailto:debug@centras.lt -- From tom at lemuria.org Tue Dec 18 00:58:57 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] "Free"..."Prisoner"...."Exile"...?? In-Reply-To: <20011217192016.37089.qmail@web20501.mail.yahoo.com>; from nickpda255@yahoo.com on Mon, Dec 17, 2001 at 11:20:16AM -0800 References: <20011217184944.A24706@lemuria.org> <20011217192016.37089.qmail@web20501.mail.yahoo.com> Message-ID: <20011218095857.B2186@lemuria.org> On Mon, Dec 17, 2001 at 11:20:16AM -0800, Nicholas Lentz wrote: > You seem to be forgetting that Russia has a > significant stash of nuclear missiles. In fact, > russia just tested a new scramjet based ICBM that can > penetrate the proposed missile shield. Those south > american countries do not have any nuclear weapons, > and a limited military. Even though Russia may not be > a giant superpower anymore, they still have enough > nuclear capability to completely destroy the united > states. The U.S. would not risk global nuclear war > over copyright laws. I'm sure they won't. I consider the US (as a nation) clinically insane, but not THAT crazy. then again, I'm also sure someone's job at the CIA is to run scenarios like "yes, but would RUSSIA risk WW3 over this?" through his head. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From tom at lemuria.org Tue Dec 18 01:04:55 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112180535.fBI5Zhv05802@aztec.santafe.edu>; from rms@gnu.org on Mon, Dec 17, 2001 at 10:35:43PM -0700 References: <20011216000001.A13534@sethf.com> <200112150636.fBF6akM01854@aztec.santafe.edu> <20011216000001.A13534@sethf.com> <5.1.0.14.0.20011216224320.00acad30@mail.maden.org> <200112180535.fBI5Zhv05802@aztec.santafe.edu> Message-ID: <20011218100455.C2186@lemuria.org> On Mon, Dec 17, 2001 at 10:35:43PM -0700, Richard Stallman wrote: > In this case, though, the fight is for all countries. The US is > trying hard to push the DMCA onto the whole rest of the world. > Russians are safe for the moment, but they can't assume they will > remain safe. Their freedom is on the line too, in the long term. "for the moment" is much more short-term than is apparent. they don't even need a local DMCA. russia is a member of the hague convention: http://www.hcch.net/e/members/members.html (as you are surely aware, conf. http://www.gnu.org/philosophy/hague.html also my own article, http://web.lemuria.org/decss/hague.html for more info) -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From sethf at sethf.com Tue Dec 18 01:20:12 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] "Free"..."Prisoner"...."Exile"...?? Message-ID: <20011218042012.A26576@sethf.com> Can I point out the obvious? If Dmitry does not return *if* ordered, he will have jumped bail, and the bail will be forfeit. In addition, that will entail substantial social consequences against people in the US based on any promises that may have been made to get him out on bail, and to negotiate the defense deal. Moreover, it seems like his legal position vis-a-vis extradition is now enormously weaker. Yes, people do jump bail and hide-out in other countries. But it's not a trivial action. -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php From ruben at mrbrklyn.com Tue Dec 18 10:04:04 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] DMCA'd CD Recordings In-Reply-To: <20011218130115.C5522@www2.mrbrklyn.com>; from ruben@mrbrklyn.com on Tue, Dec 18, 2001 at 13:01:15 -0500 References: <20011218125916.A5522@www2.mrbrklyn.com> <20011218130115.C5522@www2.mrbrklyn.com> Message-ID: <20011218130404.A5719@www2.mrbrklyn.com> OK We just found our Next Target... On 2001.12.18 13:01:15 -0500 Ruben Safir wrote: BTW That url is http://www.siliconvalley.com/cgi-bin/printpage/printpage.pl On 2001.12.18 12:59:16 -0500 Ruben Safir wrote: > > > > > Universal to release copy-protected CD > in U.S. > > The world's largest record company will be the first of the major > labels to release a copy-protected CD in the United States, signaling > a new chapter in the industry's efforts to stem music piracy. > > When Universal Music Group on Tuesday releases the soundtrack, ``Fast > & Furious -- More Music,'' consumers won't be able to copy the music > onto another CD or use their PCs to ``rip'' tracks in digital MP3 > format. The copy-protection technology will also render the disc > unplayable on Macintosh computers, DVD players and game consoles, > such as Sony's PlayStation 2. It might not even play in some CD > players. > > The industry says it needs to use the lock-box approach to music to > prevent consumers, armed with CD-authoring software and hardware and a > quick Internet connection, from downloading and burning the recording > industry out of existence. > > CD sales jumped 129 percent this year. Purchases of pre-recorded music > dropped 2.2 percent in the same period. > > Indeed, blank CDs now outsell recorded discs in Europe and Canada, > according to one label executive. > > The labels see signs of a similar death spiral in the United > States. Sales of CD singles are off 41 percent, compared with the same > time last year, and album sales are effectively flat -- up less than > 1 percent from a year ago, according to SoundScan, a market research > firm that tracks retail music sales. > > Some blame the sour economy. Others point to lackluster sales of hotly > anticipated new releases from artists like Mariah Carey and Macy Gray, > and the glut of look-alike, sound-alike boy bands. > > The record industry sees the burgeoning popularity of sons-of-Napster > sites, such as Morpheus and KaZaA and skyrocketing sales of blank CDs, > and sees its own demise. > > ``Copy protection is certainly not new to the entertainment industry,'' > said Rosen. ``Most movies and video games sold today have some form > of protection -- musicians are an exception to the case and do not > enjoy the same protection. It is not surprising, therefore, that the > recording industry is taking steps to get in tune with the rest of > the entertainment field.'' > > The trick is finding a technology that curbs piracy without incurring > the wrath of consumers. After a faltering first attempt, BMG said it > is working to develop a more sophisticated version of copy-protection > that would allow consumers the right to listen to music on a PC or > make a limited number of personal copies. > > One approach involves dual-session CDs, with one set of tracks that > plays in home stereos, and a second, encrypted version of the music > files wrapped in rights-management technology that limits the number > of copies a consumer can make. > > Such rules let consumers enjoy music on an array of consumer > electronics > devices -- from PCs to portable players. But it would discourage 15 > high school friends from getting together and pooling their money to > buy a single music CD and a spindle of blank discs and making dubs > for everyone in the group -- with a few extras to sell at school. > > ``This is what's truly hurting sales,'' Haussler said. ``This is not > my compilation of my favorite music. This is having these perfect > copies forever.'' > > The key to consumer acceptance -- as BMG and Sony learned the hard > way -- is disclosure. > > Warning sticker > > The ``Fast & Furious -- More Music'' CD will come with a sticker > that notifies the consumer that it is copy-protected and warns about > possible playback problems. An insert in the jewel case provides a > toll-free number for consumers and a Web site, where they can get > more information. > > Universal told retailers that it would honor refunds on all returned > discs -- even for CDs that have been opened. > > ``We have heard the strong voice of the retail community concerning > the substantial financial impact that illegal copying of compact > discs is causing to business'' wrote Jim Weatherson, Universal's > executive vice president of music and video distribution, in a letter > to retailers. ``We share in your concerns and, in response, are pleased > > > ``Unfortunately, phenomenon like Napster and the ease of `ripping > and burning' are causing artists and record companies real harm,'' > said Hilary Rosen, head of the Recording Industry Association of > America. ``The unprecedented amount of music being copied is hurting > the industry.'' > > Universal Music is the most aggressive in its anti-piracy efforts, > saying that all of its CDs will be copy-protected by mid-2002. The > other big labels are also experimenting with various technologies. But > they're waiting to gauge reaction from consumers and retailers before > introducing such recordings in the United States. > > ``I'm very, very curious to see what happens,'' said Christa Haussler, > BMG Entertainment's vice president of new technology. ``Because it > is not clear if it will become truly a usability issue, or if this is > more of a PR question.'' > > BMG's own experiments with Midbar Technology's copy-thwarting Cactus > Data Shield produced raging backlash in Europe, with consumers > returning > discs as defective. The German label was forced to issue replacement > CDs for the new Natalie Imbruglia release, ``White Lilies Island,'' > because the CD didn't play on some CD and DVD players. It has not > introduced any copy-protected discs in the United States. > > One United Kingdom-based group of consumer activists, the Campaign > for Digital Rights, staged a month-long protest against Sony Music > Entertainment after it issued Michael Jackson's new single, ``You Rock > My World,'' with copy-protection that limited its play to stereos. Sony > said it limited its copy-protection experiment to a handful of advance > copies given to radio DJs. But that didn't mute the criticism. > > A small Nashville label, Music City Records, led the experimentation in > copy-protected CDs, with country music artist Charley Pride's album ``A > Tribute To Jim Reeves.'' Its introduction last March prompted a > lawsuit, > alleging the label failed to properly disclose it was copy-protected. > > Quiet efforts > > Not all efforts at thwarting music piracy have attracted such > attention. One of the big five labels claims to have quietly released > 15 million copy-protected discs in Europe without attracting notice. > > It's not surprising that the labels would experiment in Europe, where > music piracy is rampant and disclosure laws are less well defined. In > Germany alone, one survey by market researcher GfK found that blank > to be the first company to launch a campaign to confront this explosive > and damaging trend.'' > > Retailers, such as TransWorld Entertainment in Albany, N.Y., welcome > the initiative, and have spent time briefing their sales staff about > the new technology and possible snafus. It is preparing to ``cheerfully > refund'' the consumer's purchase price at its 1,000 stores nationwide, > including the ``Strawberries'' and ``Coconuts'' chains. > > ``They've been testing this in Europe and they're experiencing less > than a 1 percent return rate from consumers. It really has turned > out to be nothing,'' said Jerry Kamiler, TransWorld Entertainment's > division merchandise manger. ``If we get the same results here, as I > imagine we would, I don't think it's going to manifest itself into a > consumer problem.'' > > >-- > __________________________ > > Brooklyn Linux Solutions > __________________________ > http://www.mrbrklyn.com - Consulting > http://www.brooklynonline.com - For the love of Brooklyn > http://www.nylxs.com - Leadership Development in Free Software > http://www.nyfairuse.org - The foundation of Democracy > http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and > articles from around the net > http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... > http://www2.mrbrklyn.com/downtown.html - See the New Downtown > Brooklyn.... > > 1-718-382-5752 > > > > ____________________________ > New Yorkers for Fair Use - > because it's either fair use or useless.... -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 ____________________________ New Yorkers for Fair Use - because it's either fair use or useless.... -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From dmarti at zgp.org Tue Dec 18 10:10:54 2001 From: dmarti at zgp.org (Don Marti) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011218050508.23576.qmail@gateway.total-knowledge.com> References: <20011218022730.GQ30298@zork.net> <20011218041417.23172.qmail@gateway.total-knowledge.com> <20011217202600.F8843@zgp.org> <20011218050508.23576.qmail@gateway.total-knowledge.com> Message-ID: <20011218101054.B26766@zgp.org> begin Ilya Volynets quotation of Mon, Dec 17, 2001 at 09:05:04PM -0800: > Yeah, right. Show me library near-by with books in russian or ukrainian... http://plsinfo.org/getanswers/fl_books/polish.htm#russian ? > I'm in no way arguing against libraries. It is just that home-libraries are > important part of reading culture. For many people, book pricing can make the difference between buying and checking out of the library. Most people will probably always use the library for some books and buy others. Nobody seems to want e-books; for the customer they seem to combine the worst features of a web site and a book (crummy-looking text, costs a lot), while for the publisher they combine the best features of a web site and a book (no printer's bill, high per-unit price). e-books are a one-sided bargain. Anyway, see you at the party on Wednesday? It's not on http://www.eff.org/calendar/ yet but it is happening: http://linuxjournal.com/article.php?sid=5680 -- Don Marti What do we want? Free Dmitry! When do we want it? Now! http://zgp.org/~dmarti dmarti@zgp.org Free the web, burn all GIFs. KG6INA http://burnallgifs.org/ From tompoe at renonevada.net Tue Dec 18 10:21:02 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112180534.fBI5YK605611@aztec.santafe.edu> References: <200112150636.fBF6akM01854@aztec.santafe.edu> <20011217013029.A21496@sethf.com> <200112180534.fBI5YK605611@aztec.santafe.edu> Message-ID: <01121810210201.09159@aether> On Monday 17 December 2001 21:34, Richard Stallman wrote: > > At this point, the only thing left for us to do is to push hard to > > > > punish Adobe--so hard that anyone will think twice before daring to > > do this again. Sklyarov is no longer a cause celebre, but we can > > make Adobe a cause celebre if we work at it. > > Can we? Not to be too cynical, but I think the major > rallying-point is now gone. Hi: Without intentionally taking your words out of context, I think a reminder that Adobe, among others is continuing without hesitation to position Open Source, and everything it stands for, as a nondesirable "trait" within a globalization process. For example, what has Adobe done to clean up the W3C.org mess, and to "purify" the SVG debacle? NOTHING! Nope, they envision a world controlled through indescriminate use of .pdf files, with "readers", rather than computers. A world of voice activated devices that permit one to read a document, dictate a response to a second device, which will contain a restricted variety of tasks, and communicate through an Internet that is "approved, registered, and certified" to a user. Richard, you need to replenish your "vision", and get in front of this. Just a thought, HAPPY HOLIDAYS! Tom From vkatalov at elcomsoft.com Mon Dec 17 23:58:15 2001 From: vkatalov at elcomsoft.com (vkatalov@elcomsoft.com) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] Newsbytes Story: Man Indicted For Auctioning Pirated Software On Ebay Message-ID: <20011218075815.787919EFA@bart.washtech.com> You have been sent this message from vkatalov@elcomsoft.com as a courtesy of Newsbytes (http://www.newsbytes.com). The entire article may be viewed at http://www.newsbytes.com/news/01/172544.html Man Indicted For Auctioning Pirated Software On Ebay By Staff, Newsbytes. LOS ANGELES, CALIFORNIA., U.S.A., 29 Nov 2001, 12:40 PM CST ****Man Indicted For Auctioning Pirated Software On Ebay 11/29/01 LOS ANGELES, CALIFORNIA., U.S.A., 2001 NOV 29 (NB) - By Staff, Newsbytes. A Los Angeles man was indicted Tuesday for allegedly using Ebay to auction pirated copies of several different Adobe Systems software programs. A federal grand jury indicted Eric Niemi, 35, for allegedly selling copies of Adobe Photoshop 5.0, Adobe Pagemaker 6.5, and Adobe Premiere 5.1 to Ebay users under a number of online aliases. According to the indictment, the software packages Niemi offered were in fact unauthorized reproductions of the popular authoring programs the defendant had copied using a CD burner. Postal inspectors allege Niemi received payment for the goods using numerous post office boxes in the Los Angeles area, registered under the aliases of Scott Falco and Erik Knight. The indictment stemmed from a one-year investigation by the U.S. Postal Service and the Computer Hacking and Intellectual Property Unit of the United States Attorney's Office. Investigators were prompted by complaints lodged with the Software Information and Industry Association and the FBI’s Internet Fraud Complaint Center. If convicted, Niemi faces up to five years in jail and a $250,000 fine for each violation. Under federal sentencing guidelines, however, the actual terms of the settlement would be left to the discretion of the court. His arraignment is scheduled for later today. Niemi’s attorney could not immediately be reached for comment. Reported by Newsbytes.com, http://www.newsbytes.com 12:40 CST (20011129 /WIRES ONLINE, LEGAL, BUSINESS, TELECOM/PIRACY/PHOTO) © 2001 Post Newsweek Tech Media Group From mk at ucant.org Tue Dec 18 00:47:53 2001 From: mk at ucant.org (Martin Keegan) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] Continuing the fight In-Reply-To: <20011217153412.A15927@www2.mrbrklyn.com> Message-ID: On Mon, 17 Dec 2001, Ruben Safir wrote: > A) We should rename the mailing list or move it fairuse@mrbrklyn.com > if we agree that the fight is over the DMCA and upcoming focus on > a legistlative agenda. No real point renaming the list. The UK Campaign for Digital Rights grew out of free-sklyarov-uk@xenoclast.org, which has never been renamed even though the main focus of the group is now usage-controlled CDs and combatting the European Copyright Directive. What does `upcoming focus on a legislative agenda' mean? Mk From kfoss at planetpdf.com Tue Dec 18 13:20:27 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] FYI> Sklyarov yearns for snow, simple things Message-ID: Sklyarov yearns for snow, simple things Soon back home in Moscow, the recently freed software programmer plans to continue working for ElcomSoft and on his Ph. D. dissertation -- and to assume a lower profile. A reluctant celebrity of sorts following his July 16 arrest by the FBI and subsequent global protests while being detained in the U.S. for five months awaiting trial, Sklyarov told Planet PDF he is eager to start appreciating some of the simple things in life -- such as "how snow squeaks under my steps." http://www.planetpdf.com/mainpage.asp?WebPageID=1794 ____________________ Kurt Foss - Editor _______________________ Planet PDF - A world of Acrobat/PDF news, tips, tools and forums mailto:kfoss@binarything.com | mailto:kfoss@planetpdf.com http://www.binarything.com/ | http://www.planetpdf.com/ NOW OPEN: The ePublish Store http://www.epublishstore.com/ BinaryThing - The ePublishing Network From nick at zork.net Tue Dec 18 13:30:51 2001 From: nick at zork.net (Nick Moffitt) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] AAP press release In-Reply-To: <20011218050508.23576.qmail@gateway.total-knowledge.com> References: <20011218022730.GQ30298@zork.net> <20011218041417.23172.qmail@gateway.total-knowledge.com> <20011217202600.F8843@zgp.org> <20011218050508.23576.qmail@gateway.total-knowledge.com> Message-ID: <20011218213051.GN28668@zork.net> Begin Ilya Volynets quotation: > Yeah, right. Show me library near-by with books in russian or > ukrainian... The Seattle public library has a fine Russian collection, formerly maintained by my father. The Ukrainian section, while not quite as large, is certainly respectable. San Francisco, sadly, does not compare. -- INFORMATION GLADLY GIVEN BUT SAFETY REQUIRES AVOIDING UNNECESSARY CONVERSATION 01234567 <- The amazing* indent-o-meter! ^ (*: Indent-o-meter may not actually amaze.) From ed at hintz.org Tue Dec 18 13:37:23 2001 From: ed at hintz.org (Edmund A. Hintz) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] Want a souvenir protest sign? Message-ID: <200112182137.fBILbNJ24917@phil.hintz.org> So, the trunk of my car is crammed with Free Dimitry signs, which it would seem have become obsolete(Yay!). I'm figuring on hitting up the beer bash tomorrow, if anybody wants one (or 5) as a souvenir or unique garage decoration, hook up with me at the bash. Probably won't get there 'till around 7:30 or so, I suppose my most unique trait will be hair down past the waist... Peace, Edmund A. Hintz **|** "You may say I'm a dreamer, Mac Techie, Unix Geek, * | * But I'm not the only one... Mac/Unix Consultant * /|\ * I hope someday you'll join us, */ | \* And the world will live as one. '78 Westy ***** Imagine." http://www.hintz.org From sethf at sethf.com Tue Dec 18 14:07:57 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] Re: An apology and an affirmation In-Reply-To: <200112182117.fBILHva11805@aztec.santafe.edu>; from rms@gnu.org on Tue, Dec 18, 2001 at 02:17:57PM -0700 References: <200112182117.fBILHva11805@aztec.santafe.edu> Message-ID: <20011218170757.A32238@sethf.com> On Tue, Dec 18, 2001 at 02:17:57PM -0700, Richard Stallman wrote: > When I read Seth Finkelstein's message saying that Sklyarov had agreed > to "cooperate with the United States in its ongoing prosecution", Just to clarify so there is no confusion, the words in quotes are from http://www.usdoj.gov/usao/can/press/html/2001_12_13_sklyarov.html They are not my own statement, but rather that of the Department of Justice. Myself, I've been trying to think through what it all means. This is not from the point of view of any criticism of anyone or the deal itself. But rather, I don't think it's a trivial matter or a prosecution-cave-in either. > The truly important issue is not one programmer, one company, or one > case; it is the DMCA and our freedom. On this issue, I stand by what > I have said. We must put the strongest pressure on Adobe, on movie > companies that make encrypted DVDs, and on any other companies that > now or in the future use the DMCA weapon against our freedom. We must > teach them to regret their arrogance. I don't believe anyone would disagree. But how? -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php From dmarti at zgp.org Tue Dec 18 14:59:56 2001 From: dmarti at zgp.org (Don Marti) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] Want a souvenir protest sign? In-Reply-To: <200112182137.fBILbNJ24917@phil.hintz.org> References: <200112182137.fBILbNJ24917@phil.hintz.org> Message-ID: <20011218145956.B4279@zgp.org> begin Edmund A. Hintz quotation of Tue, Dec 18, 2001 at 01:37:23PM -0800: > So, the trunk of my car is crammed with Free Dimitry signs, which it > would seem have become obsolete(Yay!). I'm figuring on hitting up the > beer bash tomorrow, if anybody wants one (or 5) as a souvenir or unique > garage decoration, hook up with me at the bash. Probably won't get there > 'till around 7:30 or so, I suppose my most unique trait will be hair down > past the waist... Looking forward to seeing you there. The cardboard, stick, and FREE part will come in handy next DMCA case. -- Don Marti What do we want? Free Dmitry! When do we want it? Now! http://zgp.org/~dmarti dmarti@zgp.org Free the web, burn all GIFs. KG6INA http://burnallgifs.org/ From ed at hintz.org Tue Dec 18 15:38:21 2001 From: ed at hintz.org (Edmund A. Hintz) Date: Fri Jul 8 22:09:34 2005 Subject: [free-sklyarov] Want a souvenir protest sign? Message-ID: <200112182338.fBINcLJ22042@phil.hintz.org> On 12/18/01 2:59 PM, dmarti@zgp.org thus spake: >Looking forward to seeing you there. The cardboard, stick, and >FREE part will come in handy next DMCA case. Perhaps a lesson we can learn from this round is to create signs that read "Free (insert DMCA victim here)", or perhaps a nice interchangable velcro system... :-P Actually, it did occur to me that I probably have a few in there that are more general purpose anti-dmca. If the EFF or somebody has a good space for them, it would probably be worthwhile to hang onto 'em, I'm sure we'll have use for them again. Since I have no garage, and my basement space is limited and cluttered with homebrew stuff, it's all been living in my trunk. Fortunately I haven't gotten a flat tire, else I'd look rather comical with 30 or so Dmitry/DMCA pickets standing 'round the car while using the jack... Peace, Edmund A. Hintz **|** "You may say I'm a dreamer, Mac Techie, Unix Geek, * | * But I'm not the only one... Mac/Unix Consultant * /|\ * I hope someday you'll join us, */ | \* And the world will live as one. '78 Westy ***** Imagine." http://www.hintz.org From ruben at mrbrklyn.com Tue Dec 18 18:06:56 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:35 2005 Subject: [free-sklyarov] Newsbytes Story: Man Indicted For Auctioning Pirated Software On Ebay In-Reply-To: <20011218075815.787919EFA@bart.washtech.com>; from vkatalov@elcomsoft.com on Tue, Dec 18, 2001 at 02:58:15 -0500 References: <20011218075815.787919EFA@bart.washtech.com> Message-ID: <20011218210656.A10584@www2.mrbrklyn.com> That would be a case of copyright infringment. Why is this interesting to the list? Ruben On 2001.12.18 02:58:15 -0500 vkatalov@elcomsoft.com wrote: >> You have been sent this message from vkatalov@elcomsoft.com as a >> courtesy >> of Newsbytes (http://www.newsbytes.com). >> >> The entire article may be viewed at >> http://www.newsbytes.com/news/01/172544.html >> >> Man Indicted For Auctioning Pirated Software On Ebay >> >> By Staff, Newsbytes. >> LOS ANGELES, CALIFORNIA., U.S.A., >> 29 Nov 2001, 12:40 PM CST >> >> ****Man Indicted For Auctioning Pirated Software On Ebay 11/29/01 >> LOS ANGELES, CALIFORNIA., U.S.A., 2001 NOV 29 (NB) - By Staff, >> Newsbytes. A Los Angeles man was indicted Tuesday for >> allegedly using Ebay to auction pirated copies of several different >> Adobe Systems software programs. >> >> A federal grand jury indicted Eric Niemi, 35, for allegedly selling >> copies >> of Adobe Photoshop 5.0, Adobe Pagemaker 6.5, and Adobe Premiere 5.1 >> to Ebay users under a number of online aliases. >> >> According to the indictment, the software packages Niemi offered >> were in fact unauthorized reproductions of the popular authoring >> programs the defendant had copied using a CD burner. >> >> Postal inspectors allege Niemi received payment for the goods >> using numerous post office boxes in the Los Angeles area, registered >> under the aliases of Scott Falco and Erik Knight. >> >> The indictment stemmed from a one-year investigation by the >> U.S. Postal Service and the Computer Hacking and Intellectual >> Property Unit of the United States Attorney's Office. Investigators >> were prompted by complaints lodged with the Software Information >> and Industry Association and the FBI?s Internet Fraud Complaint >> Center. >> >> If convicted, Niemi faces up to five years in jail and a $250,000 >> fine for each violation. Under federal sentencing guidelines, however, >> the actual terms of the settlement would be left to the discretion >> of the court. His arraignment is scheduled for later today. >> >> Niemi?s attorney could not immediately be reached for comment. >> >> Reported by Newsbytes.com, http://www.newsbytes.com >> >> 12:40 CST >> >> (20011129 >> /WIRES ONLINE, LEGAL, BUSINESS, TELECOM/PIRACY/PHOTO) >> >> ? 2001 Post Newsweek Tech Media Group >> >> _______________________________________________ >> free-sklyarov mailing list >> free-sklyarov@zork.net >> http://zork.net/mailman/listinfo/free-sklyarov >> -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From jono at microshaft.org Tue Dec 18 19:52:22 2001 From: jono at microshaft.org (Jon O .) Date: Fri Jul 8 22:09:35 2005 Subject: [free-sklyarov] News: Adobe Copyright Infringement -- Judge Halts Adobe Systems Product Message-ID: <20011218195222.B84929@networkcommand.com> Tuesday December 18 10:00 PM ET Judge Halts Adobe Systems Product By MAY WONG, AP Technology Writer SAN JOSE, Calif. (AP) - Adobe Systems Inc., whose copyright infringement claims against a Russian programmer has generated worldwide protests, is facing its own infringement problems. A U.S. District Court judge in Los Angeles tentatively ruled Tuesday against the San Jose-based maker of graphics and publishing software and ordered it to stop selling InDesign and any other products that allegedly violate the copyright of software owned by Trio Systems LLC. ----- Forwarded message from Yahoo! Alerts - News ----- From: "Yahoo! Alerts - News" Subject: sklyarov - Judge Halts Adobe Systems Product News alert for "sklyarov": ========================================== Judge Halts Adobe Systems Product () Adobe Systems Inc., whose copyright infringement claims against a Russian programmer has generated worldwide protests, is facing its own infringement problems. For the full story, go to: http://rd.yahoo.com/alerts/email/news/*http://dailynews.yahoo.com/h/ap/20011218/tc/adobe_copyright_infringement_1.html ----- End forwarded message ----- From proclus at iname.com Tue Dec 18 19:54:00 2001 From: proclus at iname.com (proclus@iname.com) Date: Fri Jul 8 22:09:35 2005 Subject: [free-sklyarov] News: Adobe Copyright Infringement -- Judge Hal ts Adobe Systems Product In-Reply-To: <20011218195222.B84929@networkcommand.com> Message-ID: <200112190354.fBJ3s4228257@moerbeke> Has anyone ever noticed that these inc-v-inc litigations are like a conversation between "Anonymous Cowards", or like a dog biting it's tail? (proclus laffs) More heat than light. Maybe there is justice after all. ;-} Regards, proclus http://www.gnu-darwin.org/ On 18 Dec, Jon O . wrote: > > Tuesday December 18 10:00 PM ET > Judge Halts Adobe Systems Product > By MAY WONG, AP Technology Writer > > SAN JOSE, Calif. (AP) - Adobe Systems Inc., whose copyright infringement claims against a Russian programmer has generated worldwide protests, is facing its own infringement problems. > > A U.S. District Court judge in Los Angeles tentatively ruled Tuesday against the San Jose-based maker of graphics and publishing software and ordered it to stop selling InDesign and any other products that allegedly violate the copyright of software owned by Trio Systems LLC. > > > > ----- Forwarded message from Yahoo! Alerts - News ----- > > From: "Yahoo! Alerts - News" > Subject: sklyarov - Judge Halts Adobe Systems Product > > News alert for "sklyarov": > ========================================== > > Judge Halts Adobe Systems Product () > Adobe Systems Inc., whose copyright infringement claims against a Russian programmer has generated worldwide protests, is facing its own infringement problems. > For the full story, go to: > http://rd.yahoo.com/alerts/email/news/*http://dailynews.yahoo.com/h/ap/20011218/tc/adobe_copyright_infringement_1.html > > > > > > ----- End forwarded message ----- > > _______________________________________________ > free-sklyarov mailing list > free-sklyarov@zork.net > http://zork.net/mailman/listinfo/free-sklyarov -- Visit proclus realm! http://proclus.tripod.com/ -----BEGIN GEEK CODE BLOCK----- Version: 3.1 GMU/S d+@ s: a+ C++++ UBOULI++++$ P+ L+++(++++) E--- W++ N- !o K- w--- !O M++@ V-- PS+++ PE Y+ PGP-- t+++(+) 5+++ X+ R tv-(--)@ b !DI D- G e++++ h--- r+++ y++++ ------END GEEK CODE BLOCK------ -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 229 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011218/dc31c5e6/attachment.pgp From rms at gnu.org Tue Dec 18 13:17:57 2001 From: rms at gnu.org (Richard Stallman) Date: Fri Jul 8 22:09:35 2005 Subject: [free-sklyarov] An apology and an affirmation Message-ID: <200112182117.fBILHva11805@aztec.santafe.edu> When I read Seth Finkelstein's message saying that Sklyarov had agreed to "cooperate with the United States in its ongoing prosecution", and showing damaging-looking statements he had agreed to make, it appeared that he was giving the US government exactly what it wants in order to nail ELCOM and put a nail in the coffin of our freedom. I commented based on that understanding of the nature of the deal. Since then, people have told me that the situation is more complicated; that his testimony won't necessarily help the prosecution much, and that the deal will make it easier for ELCOM to argue its case. I'm glad to hear that things are not as bad as they looked. So I withdraw my criticism of Sklyarov for making the deal, and I apologize if I misjudged its nature. The truly important issue is not one programmer, one company, or one case; it is the DMCA and our freedom. On this issue, I stand by what I have said. We must put the strongest pressure on Adobe, on movie companies that make encrypted DVDs, and on any other companies that now or in the future use the DMCA weapon against our freedom. We must teach them to regret their arrogance. From rms at gnu.org Tue Dec 18 22:00:13 2001 From: rms at gnu.org (Richard Stallman) Date: Fri Jul 8 22:09:35 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <01121810210201.09159@aether> (message from tom poe on Tue, 18 Dec 2001 10:21:02 -0800) References: <200112150636.fBF6akM01854@aztec.santafe.edu> <20011217013029.A21496@sethf.com> <200112180534.fBI5YK605611@aztec.santafe.edu> <01121810210201.09159@aether> Message-ID: <200112190600.fBJ60Dk15175@aztec.santafe.edu> Hi: Without intentionally taking your words out of context, I think a reminder that Adobe, among others is continuing without hesitation to position Open Source, I have no great love for "open source". "Open source" is the slogan of a movement that was founded in 1998 to reject the idealism of the free software movement which I support. In the open source movement, they don't say that it is *wrong* to stop users from sharing, they only say they find it inconvenient. By putting their "open source" label on our work, they can talk about our software while discouraging awareness of our political philosophy. You've probably seen articles that identify me as working on "open source"; such statements are examples of that confusion. See http://www.gnu.org/philosophy/free-software-for-freedom.html for more explanation of the difference between the two movements. This correction is particularly relevant to your message, because the same idealism that underlies the free software movement leads me to oppose *on moral grounds* the threat that you fear. If you think of the freedom to share and change software as an ethical imperative, please join me in saying "free software", and keep the awareness of our idealism alive. Nope, they envision a world controlled through indescriminate use of .pdf files, with "readers", rather than computers. You're more or less right about what Adobe and the publishers want, but PDF files are not the instrument of this control. PDF format is documented and it is supported by various free software packages. It is the encrypted and restricted e-book format that is the way they plan to impose restrictions on the public. I've been condemning restricted e-books ever since 1997, when I published "The Right to Read". So I'm already doing my best to warn about and oppose this danger. With enough of us working together, maybe we can stop it. From j.d.james at uconn.edu Wed Dec 19 01:10:18 2001 From: j.d.james at uconn.edu (Jeremy James) Date: Fri Jul 8 22:09:35 2005 Subject: [free-sklyarov] WOW & OH MY & GOLLY.. Message-ID: <393DF86E-F460-11D5-B720-0003934100EA@uconn.edu> WOW & OH MY & GOLLY.. What a busy posting archive have I just read!!! Proof of interest & concern, regardless of each individuals point of view or the direction of their message! Bravo... now what?? The idea of renaming the list, toward something of fair-use entitlement... sounds reasonable to me... although I would consider something on the order of freedom of information or free speech possibly better.. and also that inclusion of our opponents (mystical & devilish creatures such as SSSCA and DMCA) IN THE TITLE / ADDRESS as imperatives. As evidenced by posting activity <43 just yesterday>, I believe that most here are interested specifically in Dmitry's case, but, CERTAINLY also in the developments of the surrounding situations (SSSCA, DMCA in the US/UK / EU countries... each will affect us all, can you say world economy? that gets ya started at least down my road of thought) MOCA??? I Googled for a lil' while (yes google is also a verb in my vocabulary) I found an Oriental Cafe, a Museum, & a game show.. (to name a few).. but no legal argument or proposal.... any enlightenment would be appreciated my friends. nearly the end of my ranting... My special thanks to Martin (below) & others for their international insights. It is important. Especially 'us Americans' who so often only consider our own perspective... in this world - now more than ever - being aware of the entire battle-space (within human limitations, of course) is an imperitive as well! Message: 34 Date: Mon, 17 Dec 2001 12:01:11 +0000 (GMT) From: Martin Keegan To: free-sklyarov@zork.net Subject: Re: [free-sklyarov] Re: Continuing the fight On Mon, 17 Dec 2001, Ruben Safir wrote: I'm more interested in the work we have to do up ahead. NY Fair Use has made a beach head with Anthony Wiener, who is on the IP subcommittee and is here in Brooklyn. People should contact him and try to make him more aware of us and get us a face to face in DC. If we succeed in working with him, Senator Schumer won't be far behind since they are close friends, and Bouchner willhave one more voice in the Judicial committee. Boucher is the one who said that the absence of objectors (people like us) when the DMCA was going through significantly impeded his efforts to tone down the proposed law, isn't he? Politcal action is more important now than ever. Well, it doesn't look like much can be done to help Dmitri for the time being. Have you folks in the States actually got a plan for getting the DMCA amended, yet? In the UK, we are faced with the imminent implementation of an equivalent law, and have had our noses in the academic law journals for the past few months; there's a huge amount of intellectual ammunition being stockpiled in the literature by white-hat lawyers, just waiting to be used on your local neighbourhood politician. It's too late to stop the juggernaut in the UK in respect of the legislation being introduced at the moment (we have serious European treaty obligations which will blow up on us if we don't pass the law), but like the DMCA, the EUCD has a "review every couple of years" provision, so there's everything to play for as we go into the second round :) Mk Sincerely, Jeremy D James j.d.james@uconn.edu Study-Abroad, month 4 - Uni Stuttgart Universit?tsstra?e 102 70569 Stuttgart Germany Int'l Access # + 49 + 163 472 4058 -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: text/enriched Size: 3627 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011219/f7861081/attachment.bin From jays at panix.com Wed Dec 19 04:09:10 2001 From: jays at panix.com (Jay Sulzberger) Date: Fri Jul 8 22:09:35 2005 Subject: [free-sklyarov] An apology and an affirmation In-Reply-To: <200112182117.fBILHva11805@aztec.santafe.edu> Message-ID: On Tue, 18 Dec 2001, Richard Stallman wrote: > When I read Seth Finkelstein's message saying that Sklyarov had agreed > to "cooperate with the United States in its ongoing prosecution", and > showing damaging-looking statements he had agreed to make, it appeared > that he was giving the US government exactly what it wants in order to > nail ELCOM and put a nail in the coffin of our freedom. I commented > based on that understanding of the nature of the deal. > > Since then, people have told me that the situation is more > complicated; that his testimony won't necessarily help the prosecution > much, and that the deal will make it easier for ELCOM to argue its > case. I'm glad to hear that things are not as bad as they looked. So > I withdraw my criticism of Sklyarov for making the deal, and I > apologize if I misjudged its nature. > > The truly important issue is not one programmer, one company, or one > case; it is the DMCA and our freedom. On this issue, I stand by what > I have said. We must put the strongest pressure on Adobe, on movie > companies that make encrypted DVDs, and on any other companies that > now or in the future use the DMCA weapon against our freedom. We must > teach them to regret their arrogance. Thanks, Richard, for this retraction. oo--JS. From vkatalov at elcomsoft.com Wed Dec 19 04:23:26 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] Newsbytes Story: Man Indicted For Auctioning Pirated Software On Ebay In-Reply-To: <20011218210656.A10584@www2.mrbrklyn.com> References: <20011218075815.787919EFA@bart.washtech.com> <20011218210656.A10584@www2.mrbrklyn.com> Message-ID: <6210099735.20011219152326@elcomsoft.com> Hello, > That would be a case of copyright infringment. > Why is this interesting to the list? Well, here is an interesting statement: > The indictment stemmed from a one-year investigation by the > U.S. Postal Service and the Computer Hacking and Intellectual > Property Unit of the United States Attorney's Office. Investigators > were prompted by complaints lodged with the Software Information > and Industry Association and the FBI?s Internet Fraud Complaint > Center. First, it says "one-year investigation", but if I remember correctly, CHIP (Computer Hacking and Intellectual Property Unit) has been formed only last summer (so about a half a year ago, at least officially). Second, read the old court documents about Sklyarov arrest -- it also mentions CHIP, in about the same words. And finally, I'm just curious how much taxpayer's money has been spent to catch just one person (I don't think that this guy, using simple CD-writer, was able to make much copies). Also, please note that the complaint (about copyright infringment) came from the same company, i.e. Adobe, and FBI reacted immediately. Feel the smell? /Vladimir vkatalov@elcomsoft.com From Robloch at aol.com Wed Dec 19 11:44:40 2001 From: Robloch at aol.com (Robloch@aol.com) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] My favourite PressPlay condition of use. Message-ID: <14.1f923bef.29524828@aol.com> I thought to celebrate the wonderful launch of PressPlay that it was worth posting the best 'joke' from their FAQ. http://www.pressplay.com/faq.html This is my personal favourite- If I cancel, do I get to keep my downloads? 'If you choose to cancel your pressplay membership, you will lose the ability to play the downloads that you acquired through pressplay at the end of the period you paid through. However, if you decide to come back to pressplay within six months, you can regain access to your download collection (using the Sync/Restore feature) after you sign up again using the same member name and password.' There is nothing quite so special as a blatant attempt to tie you in for life. You've got to love these jokers. Cheers Robert Loch www.dotcomscoop.com From tompoe at renonevada.net Wed Dec 19 14:56:31 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] Rules to Live By Message-ID: <01121914563102.15117@aether> Hi: Below is a recent example of "A set of rules for you, and a set of rules for me" mindset that companies exhibit, but are never held accountable for: "Do As I Say, Not As I Do" Copyright Case Against Adobe Associated Press Adobe Systems Inc., whose copyright infringement claims against a Russian programmer has generated worldwide protests, is facing its own infringement problems. A U.S. District Court judge in Los Angeles tentatively ruled Tuesday against the San Jose-based maker of graphics and publishing software and ordered it to stop selling InDesign and any other products that allegedly violate the copyright of software owned by Trio Systems LLC. http://news.findlaw.com/ap/ht/1700/12-19-2001/200112191008753903.html The above was taken from: FINDLAW NEWS SUBSCRIPTION INFORMATION ----------------------------------------------------------------------- To subscribe to a FindLaw Newsletter, visit the Newsletter Subscription Center at http://newsletters.findlaw.com CONCLUSION: Adobe has a perverted sense of what copyright means, eh? Tom From rms at computerbytesman.com Wed Dec 19 15:04:11 2001 From: rms at computerbytesman.com (Richard M. Smith) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] The next battle: Copy-protected CDs Message-ID: <005001c188e1$78683940$6401a8c0@rms> Hi, This message is a little off-topic, but I think folks will be interested never-the-less. Attached is an email that I just sent off to Jim Weatherson, a VP at Universal Music Group, explaining why I think that copy-protected audio CDs are a bad idea. Does anyone know if it is technically possible to create ripper software that works-around the defective tracks on a protected CD? Do we think such software will run into troubles with the DMCA? Will Elcomsoft write such software? ;-) Thanks, Richard M. Smith http://www.computerbytesman.com -----Original Message----- From: Richard M. Smith [mailto:rms@computerbytesman.com] Sent: Wednesday, December 19, 2001 4:15 PM To: 'jim.weatherson@umusic.com' Cc: 'ran@midbartech.com'; 'marjie hadad'; 'umg@umusic.com'; 'rms@computerbytesman.com' Subject: Why doesn't Universal want my business anymore? Hi Jim, I have been a great customer of the music industry for more than 35 years, but I am now confused why Universal Music Group no longer wants my business. Here's my situation. I store my entire CD collection as MP3 files on a Nomad Jukebox from Creative Labs. I use the unit both with my home stereo system and in my car. I no longer have an audio CD player hooked up to my stereo. The Nomad Jukebox can hold about 450 audio CDs. I like the convenience of being able to carry around my entire CD collection in a small 2-pound portable unit. It currently is only about half full and I am the process of buying more CDs to fill it up. Today I purchased the CD "More Fast and Furious" from Universal and was not able to use the ripping software on my PC to copy the CD to my Nomad Jukebox. The problem, of course, is that the CD uses the Cactus "protection" scheme which makes the CD unplayable by computer music software by intentionally introducing defective tracks on a CD. According to the sticker on the back-side CD cover, the protection scheme is to prevent unauthorized copying. Of course, as the owner of the CD, the one copy I want to make is completely legit. I will be returning the CD to the Tower Records to get my money back. However, I am concerned that if copy-protection of audio CDs catches on, I will no longer be able to buy them. I really think that Universal is being extremely short-sighted here by embracing copy-protection of audio CDs. The move to digital music players is inevitable, and I believe copy-protection schemes will simply force more people to illegal downloads. The movie industry attempted to shut-down the VCR twenty years ago because of similar concerns about wholesale copying of movies. Luckily they failed in this effort and consumers and the industry now both enjoy a whole new market for movies on prerecorded tapes. My one plea with this email message is for Universal to stop using copy-protection schemes on CDs. I don't believe it is good for the consumer and will not work out either for Universal or the rest of the music industry over the long haul. Thanks, Richard M. Smith http://www.computerbytesman.com From akatalov at elcomsoft.com Wed Dec 19 17:54:07 2001 From: akatalov at elcomsoft.com (Alex Katalov) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] Russian Programmer Stands by Boss in DMCA Case Message-ID: <2826877992.20011219175407@elcomsoft.com> The Russian software programmer who escaped prosecution as the first person charged under a controversial new U.S. copyright law said on Wednesday he stands by his employer, who still faces trial. ``I am extremely disappointed with any implication that I am, in any way, cooperating with the (U.S.) government,'' Dmitry Sklyarov said in a news conference. He said he plans to go back to Moscow on Dec. 31 and will continue working for ElcomSoft as a programmer and cryptographer and finish his dissertation, which served as the foundation of the technology that is at the center of the case. http://dailynews.yahoo.com/h/nm/20011219/tc/tech_hacker_dc_4.html -- Best regards, Alex mailto:akatalov@elcomsoft.com From tompoe at renonevada.net Wed Dec 19 18:37:54 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] Russian Programmer Stands by Boss in DMCA Case In-Reply-To: <2826877992.20011219175407@elcomsoft.com> References: <2826877992.20011219175407@elcomsoft.com> Message-ID: <01121918375401.16440@aether> On Wednesday 19 December 2001 17:54, Alex Katalov wrote: > The Russian software programmer who escaped prosecution as the first > person charged under a controversial new U.S. copyright law said on > Wednesday he stands by his employer, who still faces trial. > > ``I am extremely disappointed with any implication that I am, in any > way, cooperating with the (U.S.) government,'' Dmitry Sklyarov said in > a news conference. > Hi, Alex: Say, you don't suppose the U.S. government is guilty of misrepresenting the facts, do you? Thanks for pointing that out, as there seemed to be a paucity of coverage about his news conference. HAPPY HOLIDAYS! Tom From izel at sulam.com Wed Dec 19 19:35:44 2001 From: izel at sulam.com (Izel Sulam) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] Russian Programmer Stands by Boss in DMCA Case Message-ID: ----- You wrote: Does anyone know if it is technically possible to create ripper software that works-around the defective tracks on a protected CD? Do we think such software will run into troubles with the DMCA? Will Elcomsoft write such software? ;-) ----- I have seen (but have not independently verified) reports that two already existing Windows software packages can be used in combination to successfully rip mp3's from copy-controlled CDs. These two packages are CloneCD and Daemon Tools. CloneCD is a program that produces a bit-per-bit copy of a CD for storage on hard disks or other backup media for storage and archival purposes. It is in this respect similar to Roxio, Nero, and other programs, but differentiates itself on its ability to make identical copies of CDs where other similar programs fail. To the best of my knowledge, this program does not attack any specific copy-control mechanism, but simply makes a bit-per-bit copy. Daemon Tools is a program that mounts CD images that are stored on hard disks or other backup media. A virtual CD drive is created, and the mounted CD image is accessed through this virtual CD drive. To the best of my knowledge, Daemon Tools does not attack Cactus Data Shield or any of the other copy-control mechanisms used by music cartels. Daemon Tools can mount a variety of CD image formats, including the common iso format and CloneCD's ccd format. As you can already guess, the process involves making a bit-per-bit copy of the copy-controlled CD using CloneCD, then mounting that image using Daemon Tools, and ripping mp3's from the virtual CD drive. Neither program attacks the copy-control in question directly, so neither program is in violation of the DMCA. It is only through the use of the combination of these two programs that one can make a fair-use copy of a CD one has legally purchased. Also, to the best of my knowledge, the programmers of neither program live in the US, have visited the US at any time, or plan to visit the US anytime soon. So the DMCA does not apply to them in any case. I would be interested in hearing whether this unconfirmed method in fact works. - izel From wiljan at pobox.com Wed Dec 19 19:23:03 2001 From: wiljan at pobox.com (Will Janoschka) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] Russian Programmer Stands by Boss in DMCA Case Message-ID: <200112200401.WAA000.38@cressida.nereid.ar-digit.net> On Wed, 19 Dec 2001 18:37 tom poe tompoe@renonevada.net wrote: > Hi, Alex: Say, you don't suppose the U.S. government is guilty of > misrepresenting the facts, do you? > Thanks for pointing that out, as there seemed to be a paucity of coverage > about his news conference. HAPPY HOLIDAYS! Tom When your enemy holds all the cards, including tactical nuclear weapons, but wants only that you to rub blue mud in your navel; 'tis time to rub blue mud in your navel with more devotion than the world has ever seen. Your grandchildren may not understand, but perhaps they will. Best Regards Dmitry!! -will- ------Meddle not in affairs of dragons, Thou art crunchy and taste good with ketchup. From patrick at eff.org Wed Dec 19 23:17:28 2001 From: patrick at eff.org (Patrick Norager) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] Dmitry's Victory Party Audio on Radio EFF Message-ID: <3C219088.853A4E6D@eff.org> Event: Dmitry's Victory Party Date: December 19, 2001 Location: 21st Amendment Restaurant San Francisco CA Speakers: Robin Gross, EFF Staff Attorney Don Marti, Linux Activist Alex Katalov, President of Elcomsoft Dmitry Sklyarov, Programmer Running Time: 9:07 (O)pen Audio 3.7MB http://radio.eff.org/radio_shows/Dmitry_Victory.mp3 <><<><>><><<><>><><<><>><><<><>><><<><>><><<><>><><<><> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Patrick Norager Radio EFF - General Manager Vox: 415.863.5459 e: Patrick@eff.org Radio EFF http://www.eff.org/radio (O)pen Audio http://www.eff.org/IP/Open_licenses "Imaginations exist to be shared" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ <><<><>><><<><>><><<><>><><<><>><><<><>><><<><>><><<><> From sacraver at EE.Princeton.EDU Thu Dec 20 00:04:27 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] Russian Programmer Stands by Boss in DMCA Case In-Reply-To: Message-ID: On Wed, 19 Dec 2001, Izel Sulam wrote: > I have seen (but have not independently verified) reports that two > already existing Windows software packages can be used in combination to > successfully rip mp3's from copy-controlled CDs. I'm sure it depends on the method used. There are different approaches to copy-protecting CDs, although all of them seem to involve creating some kind of error in the encoding that confuses a CD-ROM. > Neither program attacks the copy-control in question directly, so > neither program is in violation of the DMCA. You don't need to attack the system to violate the DMCA; I'm pretty sure you just need to "circumvent" it. > - izel -S From tom at lemuria.org Thu Dec 20 00:27:56 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] The next battle: Copy-protected CDs In-Reply-To: <005001c188e1$78683940$6401a8c0@rms>; from rms@computerbytesman.com on Wed, Dec 19, 2001 at 06:04:11PM -0500 References: <005001c188e1$78683940$6401a8c0@rms> Message-ID: <20011220092756.A26721@lemuria.org> On Wed, Dec 19, 2001 at 06:04:11PM -0500, Richard M. Smith wrote: > Does anyone know if it is technically possible to create ripper software > that works-around the defective tracks on a protected CD? Do we think > such software will run into troubles with the DMCA? Will Elcomsoft > write such software? ;-) such software already exists. when the first crippled CDs hit the german market, computer magazines immediatly ran articles explaining how to circumvent the various "protection" schemes and which software to use. good thing WE still have freedom of the press. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From debug at centras.lt Thu Dec 20 01:34:59 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] crippled music CDs In-Reply-To: References: Message-ID: <254855980.20011220103459@centras.lt> >> I have seen (but have not independently verified) reports that two >> already existing Windows software packages can be used in combination to >> successfully rip mp3's from copy-controlled CDs. Next time when i go to buy music CD i am going to ask whether i will be able to rip it to mp3 with software i use for this purpose. If the answer is "No" i will not buy the CD, if "yes" i will ask for garantees and full money-back if i fail to rip it. I am not interested at all in crippled products (at least while it is not about food and even if it is about genetically modified food i have an option to go do farming myself)... -- Best regards, DeBug mailto:debug@centras.lt -- Fat Chuck has created a list of the currently known crippled audio CDs which don't allow usage in certain CD players. http://www.fatchucks.com/corruptcds/index.html -- From izel at sulam.com Thu Dec 20 01:17:20 2001 From: izel at sulam.com (Izel Sulam) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] corrupt music CDs Message-ID: ----- You wrote: Next time when i go to buy music CD i am going to ask whether i will be able to rip it to mp3 with software i use for this purpose. If the answer is "No" i will not buy the CD, if "yes" i will ask for garantees and full money-back if i fail to rip it. ----- IMHO this would be the worst way to go about impacting the bottom line of music cartels. If you do this, you will be having no impact whatsoever. You will be told that you may not be able to rip mp3's, you will walk away as a non-customer, and it will be like you never even walked into the shop. The best way to have an impact would be to purchase the copy-controlled CD (preferably using a credit card), bring it home, make a good-faith effort to rip mp3's from it in the same way that you rip mp3's from any regular CD, and if you fail, take it back to the shop and ask for your money back. I have heard that Universal has given clear directions to retail outlets to refund the customer's money should this sort of thing ever happen. Obviously Universal is afraid of negative public relations and eventual protests and visibility. Should the store refuse to refund one's money, one should contact one's credit card company, complain that he was sold defective merchandise and furthermore refused a refund, and one should ask for a chargeback at the expense of the retail outlet. These sorts of disputes are almost always resolved in the customer's favor, especially when the facts are on the customer's side, as would be the case here. Doing this will have a clear financial impact on the bottom lines of retail outlets and ultimately the music cartels. This is the only way to get music cartels to do the "right thing", because the only language that the cartels understand is that of profit and loss. We must associate a significant financial loss with shipping copy-controlled media. - izel P.S. An important point was made a couple of months ago about how the using term "crippled" to refer to copy-controlled technologies may be offensive to disabled people. This is especially embarrassing because I originally proposed this particular use of the term on this list. I now realize that we really want disabled people, and organizations representing them, to be on our side, because open formats empower disabled people to access information in ways that copy-controlled and cryptographically-encapsulated formats do not and cannot. This is a very important argument favoring the use of open formats. Fat Chuck's website uses the term "corrupt" CD's, which I think is a great choice. The word "corrupt" is strong, memorable, descriptive of the CDs and the moral state of the corporations producing them, and not offensive to any people or organizations we may want to have on our side. I respectfully ask list members to stop using the term "crippled" to refer to cryptographically-encapsulated data, and media housing such. I apologize for establishing this association in the first place. From debug at centras.lt Thu Dec 20 03:02:40 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:36 2005 Subject: [free-sklyarov] corrupt music CDs In-Reply-To: References: Message-ID: <15610118393.20011220120240@centras.lt> IS> The best way to have an impact would be to purchase the IS> copy-controlled CD (preferably using a credit card), bring it home, IS> make a good-faith effort to rip mp3's from it in the same way that you IS> rip mp3's from any regular CD, and if you fail, take it back to the IS> shop and ask for your money back. The problem is it COSTS ME TIME AND EFFORT AND PROBABLY MONEY so i better turn on doing USEFULL things. Yes they lose the customer even without knowing they would have had him, but it's not my problem, it is their problem -- Best regards, DeBug mailto:debug@centras.lt -- From kmself at ix.netcom.com Thu Dec 20 02:29:47 2001 From: kmself at ix.netcom.com (Karsten M. Self) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] Dmitry's Victory Party Audio on Radio EFF In-Reply-To: <3C219088.853A4E6D@eff.org>; from patrick@eff.org on Wed, Dec 19, 2001 at 11:17:28PM -0800 References: <3C219088.853A4E6D@eff.org> Message-ID: <20011220022947.E26996@navel.introspect> on Wed, Dec 19, 2001 at 11:17:28PM -0800, Patrick Norager (patrick@eff.org) wrote: > Event: Dmitry's Victory Party > Date: December 19, 2001 > Location: 21st Amendment Restaurant > San Francisco CA > > Speakers: Robin Gross, EFF Staff Attorney > Don Marti, Linux Activist > Alex Katalov, President of Elcomsoft > Dmitry Sklyarov, Programmer > > Running Time: 9:07 (O)pen Audio 3.7MB > http://radio.eff.org/radio_shows/Dmitry_Victory.mp3 Cool. Listeners should be able to get a much better idea of what was said at the party than those present -- loud ambient sound and a somewhat overly modest sound system. I'm downloading now. The party was great, the usual surprises of old friends, both real and virtual, and a lot of folks I've encountered at numerous Dmitry events. First public showing of Don's new 'do as well. ...but did they get us singing "Happy Birthday" (a copyrighted work BTW) to Dmitry? Thanks to Seth, the EFF, everyone who helped at the protests and other events, Elcomsoft, and most of all, Dmitry and his family, for everything. Now to kick some ass getting Elcomsoft cleared, and this stupid, oppressive law repealed. Peace. -- Karsten M. Self http://kmself.home.netcom.com/ What part of "Gestalt" don't you understand? Home of the brave http://gestalt-system.sourceforge.net/ Land of the free We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org Geek for Hire http://kmself.home.netcom.com/resume.html -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011220/c0041fd0/attachment.pgp From ruben at mrbrklyn.com Thu Dec 20 09:37:11 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] An apology and an affirmation In-Reply-To: <200112182117.fBILHva11805@aztec.santafe.edu>; from rms@gnu.org on Tue, Dec 18, 2001 at 16:17:57 -0500 References: <200112182117.fBILHva11805@aztec.santafe.edu> Message-ID: <20011220123711.E10400@www2.mrbrklyn.com> Don't forget Congress. (which should be on top of the list) Ruben >> On this issue, I stand by what >> I have said. We must put the strongest pressure on Adobe, on movie >> companies that make encrypted DVDs, and on any other companies that >> now or in the future use the DMCA weapon against our freedom. We must >> teach them to regret their arrogance. >> >> >> >> >> _______________________________________________ >> free-sklyarov mailing list >> free-sklyarov@zork.net >> http://zork.net/mailman/listinfo/free-sklyarov >> -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From vkatalov at elcomsoft.com Fri Dec 21 01:18:14 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] Russian Hacker Has a Party Message-ID: <12767001874.20011221121814@elcomsoft.com> http://www.wired.com/news/politics/0,1283,49272,00.html -- Sincerely yours, Vladimir Vladimir Katalov Managing Director ElcomSoft Co.Ltd. Member of Association of Shareware Professionals (ASP) Member of Russian Cryptology Association mailto:vkatalov@elcomsoft.com http://www.elcomsoft.com/adc.html (Advanced Disk Catalog) http://www.elcomsoft.com/art.html (Advanced Registry Tracer) http://www.elcomsoft.com/prs.html (Password Recovery Software) http://www.mailutilities.com (Email Management Software) From schoen at loyalty.org Fri Dec 21 01:28:32 2001 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] Russian Hacker Has a Party In-Reply-To: <12767001874.20011221121814@elcomsoft.com> References: <12767001874.20011221121814@elcomsoft.com> Message-ID: <20011221092832.GW32138@zork.net> Vladimir Katalov writes: > http://www.wired.com/news/politics/0,1283,49272,00.html A lot of fun it was, too. -- Seth David Schoen | Its really terrible when FBI arrested Temp. http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull down: http://www.loyalty.org/ (CAF) | mission -- to share his knowledge with http://www.freesklyarov.org/ | american nation. (Ilya V. Vasilyev) From tom at lemuria.org Fri Dec 21 01:44:59 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] adobe DMCA letters Message-ID: <20011221104459.B12827@lemuria.org> through channels I won't disclose, I learned about this interesting email that are sent to ISPs in the name of adobe: DMCA Letter Dear Sirs: Adobe Systems Inc. has authorized BayTSP.com to act as its agent for copyright infringement notification. The spidering of the peer-to-peer networks has detected infringement(s) originating from your customer's IP address, as detailed in the attached report. Therefore, this letter is an official notification under provisions of section 512(c) of the Digital Millennium Copyright Act to effect removal of the detected infringement(s) listed in the attached report and to have this customer refrain from trading our client's copyrighted works in the future. The Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, as well as bilateral treaties with other countries allow for protection of our client's copyrighted works even beyond US borders. The attached documentation specifies the IP address of the source of the infringement. The Bay File ID identifies the copyrighted works by title. We hereby demand that your customer immediately remove the offending material in an expeditious manner, as specified in the copyright laws, and refrain from infringing on our client's copyrighted materials in the future. BayTSP has a good faith belief that use of the material in the manner complained of in the attached report is not authorized by Adobe Systems Inc., its agent, or the law. The information provided herein is accurate to the best of our knowledge. BayTSP hereby swears under penalty of perjury that BayTSP is authorized to act on behalf of Adobe Systems Inc. for matters pertaining to notification of infringements of its exclusive rights in its copyrighted material. Please send us a prompt response indicating the actions you have taken to resolve this matter. Please reference BayTSP Notification ID in your response. Sincerely, Bill Attinger, CEO BayTSP 3150 Almaden Expressway Suit 234 San Jose, CA 95118 (408) 979-7900 DMCA@baytsp.com ----- End forwarded message ----- interesting tidbits: - Adobe still believes strongly in the DMCA - they are still technically and otherwise incompetent (even the name of the peer-to-peer service was spelled wrong in the attached complaint) - they believe US law extends beyond US borders. they're not alone in any of those idiocities, unfortunately. if any of you happen to drive by almaden expressway, give them the finger for me, will you? -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From kmself at ix.netcom.com Fri Dec 21 01:53:27 2001 From: kmself at ix.netcom.com (Karsten M. Self) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] Russian Hacker Has a Party In-Reply-To: <20011221092832.GW32138@zork.net>; from schoen@loyalty.org on Fri, Dec 21, 2001 at 01:28:32AM -0800 References: <12767001874.20011221121814@elcomsoft.com> <20011221092832.GW32138@zork.net> Message-ID: <20011221015327.A23460@navel.introspect> on Fri, Dec 21, 2001 at 01:28:32AM -0800, Seth David Schoen (schoen@loyalty.org) wrote: > Vladimir Katalov writes: > > > http://www.wired.com/news/politics/0,1283,49272,00.html > > A lot of fun it was, too. As Seth said as we left the 21st Amendment, "That was the best Free Dmitri party yet". I had to agree: "It had all the right elements. Including a free Dmitri". -- Karsten M. Self http://kmself.home.netcom.com/ What part of "Gestalt" don't you understand? Home of the brave http://gestalt-system.sourceforge.net/ Land of the free We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org Geek for Hire http://kmself.home.netcom.com/resume.html -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011221/aaf178d7/attachment.pgp From akatalov at elcomsoft.com Fri Dec 21 02:10:35 2001 From: akatalov at elcomsoft.com (Alex Katalov) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] Russian Hacker Has a Party In-Reply-To: <20011221015327.A23460@navel.introspect> References: <12767001874.20011221121814@elcomsoft.com> <20011221092832.GW32138@zork.net> <20011221015327.A23460@navel.introspect> Message-ID: <14110589295.20011221021035@elcomsoft.com> Dear All, KMS> As Seth said as we left the 21st Amendment, "That was the best Free KMS> Dmitri party yet". KMS> I had to agree: "It had all the right elements. Including a free KMS> Dmitri". While the beer there was not free - it was right too :) Thanks again to all who was there (naturally or virtually)!!!! -- Best regards, Alex mailto:akatalov@elcomsoft.com From schoen at loyalty.org Fri Dec 21 12:04:26 2001 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] Re: [dvd-discuss] adobe DMCA letters In-Reply-To: <20011221104459.B12827@lemuria.org> References: <20011221104459.B12827@lemuria.org> Message-ID: <20011221200426.GQ32138@zork.net> (cross-posting between free-sklyarov and dvd-discuss is probably not a great idea) Tom writes: > through channels I won't disclose, I learned about this interesting > email that are sent to ISPs in the name of adobe: > > DMCA Letter > > Dear Sirs: > > Adobe Systems Inc. has authorized BayTSP.com to act as its agent for > copyright infringement notification. The spidering of the peer-to-peer > networks has detected infringement(s) originating from your customer's > IP address, as detailed in the attached report. > > Therefore, this letter is an official notification under provisions of > section 512(c) of the Digital Millennium Copyright Act to effect removal of > the detected infringement(s) listed in the attached report and to have this > customer refrain from trading our client's copyrighted works in the future. > The Berne Convention for the Protection of Literary and Artistic Works, the > Universal Copyright Convention, as well as bilateral treaties with other > countries allow for protection of our client's copyrighted works even beyond > US borders. > > The attached documentation specifies the IP address of the source of the > infringement. The Bay File ID identifies the copyrighted works by title. We > hereby demand that your customer immediately remove the offending material > in an expeditious manner, as specified in the copyright laws, and refrain > from infringing on our client's copyrighted materials in the future. > > BayTSP has a good faith belief that use of the material in the manner > complained of in the attached report is not authorized by Adobe Systems > Inc., its agent, or the law. The information provided herein is accurate > to the best of our knowledge. > > BayTSP hereby swears under penalty of perjury that BayTSP is authorized to > act on behalf of Adobe Systems Inc. for matters pertaining to notification > of infringements of its exclusive rights in its copyrighted material. > > Please send us a prompt response indicating the actions you have taken to > resolve this matter. Please reference BayTSP Notification ID in your > response. > > Sincerely, > > Bill Attinger, CEO > BayTSP > 3150 Almaden Expressway Suit 234 > San Jose, CA 95118 > (408) 979-7900 > DMCA@baytsp.com > > ----- End forwarded message ----- > > interesting tidbits: > > - Adobe still believes strongly in the DMCA This is a 512 notification, not 1201. It's a notification of an allegation of _actual copyright infringement_, not of providing circumvention tools. Although section 512 is imperfect, it isn't a travesty like 1201; it's the lesser-known part of the DMCA, which has nothing to do with DRM. If Geeks Wrote The DMCA: The section after 512 would be called "1024". -- Seth David Schoen | Its really terrible when FBI arrested Temp. http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull down: http://www.loyalty.org/ (CAF) | mission -- to share his knowledge with http://www.freesklyarov.org/ | american nation. (Ilya V. Vasilyev) From kmself at ix.netcom.com Sat Dec 22 13:47:45 2001 From: kmself at ix.netcom.com (Karsten M. Self) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] adobe DMCA letters In-Reply-To: <20011221104459.B12827@lemuria.org>; from tom@lemuria.org on Fri, Dec 21, 2001 at 10:44:59AM +0100 References: <20011221104459.B12827@lemuria.org> Message-ID: <20011222134745.D28447@navel.introspect> on Fri, Dec 21, 2001 at 10:44:59AM +0100, Tom (tom@lemuria.org) wrote: > through channels I won't disclose, I learned about this interesting > email that are sent to ISPs in the name of adobe: > > DMCA Letter > > Dear Sirs: > > Adobe Systems Inc. has authorized BayTSP.com to act as its agent for > copyright infringement notification. The spidering of the peer-to-peer > networks has detected infringement(s) originating from your customer's > IP address, as detailed in the attached report. > > Therefore, this letter is an official notification under provisions of > section 512(c) of the Digital Millennium Copyright Act to effect removal of > the detected infringement(s) listed in the attached report and to have this > customer refrain from trading our client's copyrighted works in the future. > The Berne Convention for the Protection of Literary and Artistic Works, the > Universal Copyright Convention, as well as bilateral treaties with other > countries allow for protection of our client's copyrighted works even beyond > US borders. > > The attached documentation specifies the IP address of the source of the > infringement. The Bay File ID identifies the copyrighted works by title. We > hereby demand that your customer immediately remove the offending material > in an expeditious manner, as specified in the copyright laws, and refrain > from infringing on our client's copyrighted materials in the future. > > BayTSP has a good faith belief that use of the material in the manner > complained of in the attached report is not authorized by Adobe Systems > Inc., its agent, or the law. The information provided herein is accurate > to the best of our knowledge. > > BayTSP hereby swears under penalty of perjury that BayTSP is authorized to > act on behalf of Adobe Systems Inc. for matters pertaining to notification > of infringements of its exclusive rights in its copyrighted material. > > Please send us a prompt response indicating the actions you have taken to > resolve this matter. Please reference BayTSP Notification ID in your > response. > > Sincerely, > > Bill Attinger, CEO > BayTSP > 3150 Almaden Expressway Suit 234 > San Jose, CA 95118 > (408) 979-7900 > DMCA@baytsp.com > > ----- End forwarded message ----- > > interesting tidbits: > > - Adobe still believes strongly in the DMCA > - they are still technically and otherwise incompetent (even the name of > the peer-to-peer service was spelled wrong in the attached complaint) > - they believe US law extends beyond US borders. What's the nature of the works that Adobe is seeking infringement claims on? Are these infringed works of Adobe (e.g.: software or publications copyrighted by Adobe), or are there copies of, say, the AEBR in the wild which Adobe's trying to take down WRT 512. I continue to maintain that the 512 take-down safe-harbor provisions are an unconstitutional usurption of judiciary powers by the legislature, in that compliance with the law provides legal amnesty for ISPs. Peace. -- Karsten M. Self http://kmself.home.netcom.com/ What part of "Gestalt" don't you understand? Home of the brave http://gestalt-system.sourceforge.net/ Land of the free We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org Geek for Hire http://kmself.home.netcom.com/resume.html -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011222/0c769f27/attachment.pgp From tom at lemuria.org Sat Dec 22 14:43:52 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:37 2005 Subject: [free-sklyarov] adobe DMCA letters In-Reply-To: <20011222134745.D28447@navel.introspect>; from kmself@ix.netcom.com on Sat, Dec 22, 2001 at 01:47:45PM -0800 References: <20011221104459.B12827@lemuria.org> <20011222134745.D28447@navel.introspect> Message-ID: <20011222234352.A28837@lemuria.org> On Sat, Dec 22, 2001 at 01:47:45PM -0800, Karsten M. Self wrote: > What's the nature of the works that Adobe is seeking infringement claims > on? Are these infringed works of Adobe (e.g.: software or publications > copyrighted by Adobe), or are there copies of, say, the AEBR in the wild > which Adobe's trying to take down WRT 512. adobe software, in this case. I don't have a problem with adobe trying to stop software piracy. I do have a problem with them calling on ISPs. that's like coming home to find your car has been taken away without any notice or warning, because, say, you were caught speeding a few days earlier. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From kfoss at planetpdf.com Sat Dec 22 14:50:39 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:37 2005 Subject: [dvd-discuss] Re: [free-sklyarov] adobe DMCA letters In-Reply-To: <20011222234352.A28837@lemuria.org> References: <20011221104459.B12827@lemuria.org> <20011222134745.D28447@navel.introspect> <20011222234352.A28837@lemuria.org> Message-ID: >I don't have a problem with adobe trying to stop software piracy. I do >have a problem with them calling on ISPs SEE ---> About Adobe: Internet protection - BayTSP WebCrawlers http://www.adobe.com/aboutadobe/antipiracy/protection.html "Adobe is actively involved in protecting its rights, as well as ensuring value to its customers. The Internet has evolved into a digital highway where people can send and receive information almost instantly. However, this mode of communication has become another channel for software piracy. Either unknowingly, or willfully, parties are transporting copyrighted Adobe software illegally. This decreases the value of our products to everyone." "To assist us in monitoring the Internet for copyright infringement, Adobe has also enlisted aid from BayTSP. BayTSP's Web crawlers constantly check for the presence of illegal software on the Internet. To avoid getting "bit by the spider," respect and adhere to the End User License Agreement included with your software." http://www.baytsp.com -- From wiljan at pobox.com Sat Dec 22 16:08:39 2001 From: wiljan at pobox.com (Will Janoschka) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] adobe DMCA letters Message-ID: <200112230021.SAA000.42@cressida.nereid.ar-digit.net> On Sat, Dec 22, 2001 at 01:47:45PM -0800, Karsten M. Self wrote: > What's the nature of the works that Adobe is seeking infringement claims > on? Are these infringed works of Adobe (e.g.: software or publications > copyrighted by Adobe), or are there copies of, say, the AEBR in the wild > which Adobe's trying to take down WRT 512. It's Adobe software, however, Adobe considers its fonts to be 'software', thus protected by copyright. Fonts are not subject to copyright in the US. (Copyrightable 'prolly isn't a word) Just another nasty side of Adobe. -will- ------Meddle not in affairs of dragons, Thou art crunchy and taste good with ketchup. From kmself at ix.netcom.com Sat Dec 22 17:31:24 2001 From: kmself at ix.netcom.com (Karsten M. Self) Date: Fri Jul 8 22:09:38 2005 Subject: Copyright in fonts, typefaces (was Re: [free-sklyarov] adobe DMCA letters) In-Reply-To: <200112230021.SAA000.42@cressida.nereid.ar-digit.net>; from wiljan@pobox.com on Sat, Dec 22, 2001 at 06:08:39PM -0600 References: <200112230021.SAA000.42@cressida.nereid.ar-digit.net> Message-ID: <20011222173124.A31486@navel.introspect> on Sat, Dec 22, 2001 at 06:08:39PM -0600, Will Janoschka (wiljan@pobox.com) wrote: > On Sat, Dec 22, 2001 at 01:47:45PM -0800, Karsten M. Self wrote: > > What's the nature of the works that Adobe is seeking infringement > > claims on? Are these infringed works of Adobe (e.g.: software or > > publications copyrighted by Adobe), or are there copies of, say, the > > AEBR in the wild which Adobe's trying to take down WRT 512. > > It's Adobe software, however, Adobe considers its fonts to be > 'software', thus protected by copyright. Fonts are not subject to > copyright in the US. (Copyrightable 'prolly isn't a word) Just > another nasty side of Adobe. "Fonts" as designs, more properly "typefaces", are not protected by copyright. The shape and form of letters isn't sufficiently expressive or original to merit protection. The programs which _generate_ fonts, including hinting, sizing, anti-aliasing, etc., _are_ original works of authorship, and are covered by copyright. What's copyrighted, however, is the software, not its output (the fonts). From Terry Carrol's Copyright FAQ: A font may be the proper subject of copyright, but the generally accepted rule is that a typeface embodied in the font is not (see Eltra Corp. v. Ringer, 579 F.2d 294, 208 U.S.P.Q. 1 (4th Cir., 1978), and the House of Representatives Report on the Copyright Law Revision, 94-1476, 94th Congress, 2d Session at 55 (1976), reprinted in 1978 U.S. Cong. and Admin. News 5659, 5668). The letterforms themselves are not copyrightable under U.S. law as a typeface. 37 CFR 202.1(e). A font is copyrightable if it adds some level of protectable expression to the typeface, but that protection does not extend to the underlying uncopyrightable typeface itself (see 17 U.S.C. 102(b)). In essence, a font will be protectable only if it rises to the level of a computer program. Truetype and other scalable fonts will therefore be protected as computer programs, a particular species of literary works. Bitmapped fonts are not copyrightable, because in the opinion of the Copyright Office, the bitmap does not add the requisite level of originality to satisfy the requirement for copyright. So, to summarize this point, a typeface is not copyrightable. While a scalable font might be copyrightable as a program, merely copied the uncopyrightable typeface, and creating your own font, either scalable or bitmapped, is probably not an infringement, assuming you did not copy any of the scalable font's code. http://almashriq.hiof.no/ddc/guidelines/copyright/part3.html Peace. -- Karsten M. Self http://kmself.home.netcom.com/ What part of "Gestalt" don't you understand? Home of the brave http://gestalt-system.sourceforge.net/ Land of the free We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org Geek for Hire http://kmself.home.netcom.com/resume.html -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011222/9b786731/attachment.pgp From crism at maden.org Sun Dec 23 04:54:55 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] adobe DMCA letters In-Reply-To: <200112230021.SAA000.42@cressida.nereid.ar-digit.net> Message-ID: <5.1.0.14.0.20011223045106.00a5a0a0@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 16:08 22-12-2001, Will Janoschka wrote: > It's Adobe software, however, Adobe considers its fonts to be > 'software', thus > protected by copyright. Fonts are not subject to copyright in the US. > (Copyrightable 'prolly isn't a word) Just another nasty side of Adobe. This isn't quite accurate. *Typefaces* - the shapes of letters - are not copyrightable. A digital font is a piece of software that draws those shapes, and *is* copyrightable (see Adobe v. SSI). You can print out a font, scan it back in, trace it, and make a font, and be in the clear. See the comp.fonts FAQ () for more info. I'm not saying this is the *right* status for fonts and typefaces, but it is the current legal status. (I think that typefaces should have the same legal status as other works of art - whatever that status is - but the Supreme Court has held that since the alphabet is in the public domain, a typeface can't be protected. Obviously, there's no creativity whatsoever represented by a Palatino, Poetica, or American Uncial take on the Platonic concept of "A".) ~crism - -- Libertarian candidate, California State Assembly, District 13 Dmitry's going home! Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPCXUH6xS+CWv7FjaEQLVFACfXZwuDgtUqtUIzO0FhRXNUiKMqboAoNtK jCRO0LS8LtjXrxqy07AfnhHr =6U4h -----END PGP SIGNATURE----- From ruben at mrbrklyn.com Sun Dec 23 07:51:17 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] COPYRIGHT discussion with Artists In-Reply-To: <5.1.0.14.0.20011223045106.00a5a0a0@mail.maden.org>; from crism@maden.org on Sun, Dec 23, 2001 at 07:54:55 -0500 References: <200112230021.SAA000.42@cressida.nereid.ar-digit.net> <5.1.0.14.0.20011223045106.00a5a0a0@mail.maden.org> Message-ID: <20011223105117.E15569@www2.mrbrklyn.com> For what ever it's worth, there is a post of a rather long discussion of copyright and music with artists and musicians worth looking over on the NYFAIRUSE mailing list that was originally A THREAD on the WWWC.ORG list. Further discussion has moved into nylxs's hangout. It's good to take a look see at how far the issues of fair use are beginning to impact the thinking of artists and others. Links are list below... Ruben -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From mrussotto at speakeasy.net Sun Dec 23 09:11:01 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] adobe DMCA letters Message-ID: <0AA0EAC6-F7C8-11D5-A0BA-0050E4A0CE52@speakeasy.net> > I'm not saying this is the *right* status for fonts and typefaces, but it > is the current legal status. (I think that typefaces should have the same > legal status as other works of art - whatever that status is - but the > Supreme Court has held that since the alphabet is in the public domain, a > typeface can't be protected. Obviously, there's no creativity whatsoever > represented by a Palatino, Poetica, or American Uncial take on the Platonic > concept of "A".) Sarcasm aside, if typefaces or letter forms were copyrightable, every work set in them would automatically be a derivative work of those typefaces. You really don't want to go there. As for the DMCA notification provisions, they're disgusting. They allow a company to force ISPs to take down anything the company wants, with essentially no recourse. The so-called recourses included in the law are a joke 1) The company has to swear under the penalty of perjury they aren't lying. Yeah, sure, but who is going to prosecute them if they _are_ lying? No one. Even if someone does, they claim it was an honest mistake and get off scot free. 2) Counternotification. Almost worthless for several reasons a) ISPs are not required to respect them. Sure, you can sue the ISP if they don't, but since you as an individual don't have the massive lawyerly resources of Adobe, the ISP might decide to take the safe road and ignore counternotifications entirely. b) Counternotification involves telling the ISP you'll be willing to meet the copyright holder in Federal Court if they'd like. Essentially telling Adobe's lawyers "Go ahead and sue me, you bastards" is not something to undertake lightly. You'd have to find a lawyer of your own first. How many individuals have the resources for that? I wouldn't even know where to find an IP lawyer. c) Even if you and your ISP are willing to brave Adobe's lawyers, there's an automatic and indefinite gag. First, there's the delay built into the law before your stuff goes back up. Then, if the copyright holder says they are going to sue, the stuff stays down. Even if they never do actually sue. Neat, eh? What it comes down to is that there was already a disparity of power in that the big copyright holders have money and lawyers and individuals don't. The DMCA made this even worse, by allowing the copyright holders to actually apply that power without any cost (such as filing a lawsuit) to themselves. From nick at zork.net Sun Dec 23 17:21:00 2001 From: nick at zork.net (Nick Moffitt) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] Adobe nabbed for bootlegging Message-ID: <20011224012100.GN20570@zork.net> http://pigdog.org/auto/TheCorporateFuck/link/2375.html -- INFORMATION GLADLY GIVEN BUT SAFETY REQUIRES AVOIDING UNNECESSARY CONVERSATION 01234567 <- The amazing* indent-o-meter! ^ (*: Indent-o-meter may not actually amaze.) From tom at lemuria.org Sun Dec 23 17:26:41 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] Adobe nabbed for bootlegging In-Reply-To: <20011224012100.GN20570@zork.net>; from nick@zork.net on Sun, Dec 23, 2001 at 05:21:00PM -0800 References: <20011224012100.GN20570@zork.net> Message-ID: <20011224022641.A29558@lemuria.org> On Sun, Dec 23, 2001 at 05:21:00PM -0800, Nick Moffitt wrote: > http://pigdog.org/auto/TheCorporateFuck/link/2375.html nice one. I especially like the "outside of the US" part. :) -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From kfoss at planetpdf.com Sun Dec 23 18:27:52 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] Adobe nabbed for bootlegging In-Reply-To: <20011224022641.A29558@lemuria.org> References: <20011224012100.GN20570@zork.net> <20011224022641.A29558@lemuria.org> Message-ID: This has already been settled. rgds ~ Kurt At 2:26 AM +0100 12/24/01, Tom wrote: >On Sun, Dec 23, 2001 at 05:21:00PM -0800, Nick Moffitt wrote: >> http://pigdog.org/auto/TheCorporateFuck/link/2375.html > >nice one. I especially like the "outside of the US" part. :) > > >-- >http://web.lemuria.org/pubkey.html >pub 1024D/D88D35A6 2001-11-14 Tom Vogt > Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 > >_______________________________________________ >free-sklyarov mailing list >free-sklyarov@zork.net >http://zork.net/mailman/listinfo/free-sklyarov -- From nick at zork.net Mon Dec 24 13:52:32 2001 From: nick at zork.net (Nick Moffitt) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] Dmitry freeing clarified Message-ID: <20011224215232.GT20570@zork.net> http://www.oreillynet.com/lpt/wlg/983 says: > Dmitry Sets the Record Straight > by Lisa Rein > Dec. 21, 2001 > > On Wednesday night, I spoke with Dmitry Skylarov at a small event to > celebrate his homegoing, hosted by the EFF. > > Dmitry told me that he was upset with the U.S. Attorney's > misrepresentation of his agreement with them. > > Specifically, Dmitry says that: > > * He still works for Elcomsoft and has no intention of leaving > anytime soon. > > (The announcement from the U.S. Attorney's Office described > Elcomsoft as Dmitry's "former employer.") > > * There was no plea bargain made between Dmitry and the U.S. > Attorney's Office > > (As the same announcement would lead you to believe: > "...(Sklyarov) admitted his conduct in a hearing before U.S. > District Judge Whyte in San Jose Federal Court. Under the > agreement, Mr. Sklyarov agreed to cooperate with the United > States in its ongoing prosecution of Mr. Sklyarov's former > employer...") > > * Dmitry's story has not changed: he still maintains that both > he and his employer are not guilty of any misconduct. > > Joe Burton's Statement 12_19_01 > > I want to state, for the record, that we, the defense, feel that > there has been an injustice done to Dmitry Sklyarov and > ElcomSoft. The U. S. Attorney's December 13th Press Release is > a cleverly crafted statement that promotes the notion that > Dmitry admits wrongful conduct and has entered into a Plea > Agreement with the U.S. Government. I categorically reject the > notion that there is any admission of wrongful conduct on the > part of Dmitry Sklyarov, he has simply agreed to tell his story, > which I might add is the identical story he has consistently > told since day one of his arrest. In addition there is, quite > simply, NO Plea Agreement. He has agreed to testify for the U. > S. Government, if called and he will testify for ElcomSoft, if > called. > > I also want to set the record straight on the issue of Dmitry's > employment with ElcomSoft. Dmitry has been employed since April > 2000 and he remains employed by ElcomSoft and will continue his > employment with ElcomSoft. > > It is not unexpected that the U.S. Attorneys would look for a > way to "save face" in this case, however to do so, at the > expense of Dmitry is completely unacceptable to me. > > Dmitry Sklyarov's Statement 12/19/01 > > I would like to express my heartfelt appreciation to each person > who has supported and contributed to me during my detention, > these past 5 months. > > Naturally, I am very happy about returning to Russia and at the > prospect of getting back to my family and friends. I am excited > about spending the holidays in my homeland. > > There are two points I wish to address, today. The first point > is this: I am extremely disappointed with any implication that I > am, in any way, cooperating with the government. My perspective > is simply this: I am a man of integrity and as such am doing > nothing more that telling the truth... I am not for or against > anyone. > > Secondly, there seems to have been some confusion as to my > employment status with ElcomSoft. I would like to clear up this > confusion... I have been employed by ElcomSoft since April 2000 > and will continue to be employed in the future. As a matter of > fact, I have remained ElcomSoft's long distance "virtual" > employee throughout these past 5 months while detained, here in > the United States. > > ElcomSoft Founder/CEO Alex Katalov's Statement 12/19/01 > > First, let me say that the Diversion Agreement, reached between > Dmitry Sklyarov and the US Attorney's office last Thursday > (December 13, 2001) was reached with ElcomSoft's complete > knowledge, cooperation and our unfailing support for our > employee, Dmitry Sklyarov. > > Neither ElcomSoft nor our legal team sees this agreement in any > way counterproductive to our ongoing case, nor do we feel that > Dmitry's testimony will be anything but supportive to our case. > All that Dmitry has to do is to tell the truth; we, of course, > welcome that; the truth will never change regardless of who > calls Dmitry as a witness: the prosecution or the defense, or > both. > > From the company's standpoint, Dmitry's agreement serves > ElcomSoft well. It provides us with the freedom and flexibility > to pursue our best legal strategy without worrying about the > possibility that Dmitry could face jail. > > Lisa Rein is the Resource Guide Editor for XML.com and the Editor of > O'Reilly's P2P Directory. She teaches XML for the University of > California at Berkeley Extension Online, runs her own educational > website at http://www.finetuning.com and keeps her own personal > weblog at http://lisarein.blogspot.com. > > oreillynet.com Copyright (c) 2000 O'Reilly & Associates, Inc. -- INFORMATION GLADLY GIVEN BUT SAFETY REQUIRES AVOIDING UNNECESSARY CONVERSATION 01234567 <- The amazing* indent-o-meter! ^ (*: Indent-o-meter may not actually amaze.) From kmself at ix.netcom.com Wed Dec 26 10:06:04 2001 From: kmself at ix.netcom.com (Karsten M. Self) Date: Fri Jul 8 22:09:38 2005 Subject: [free-sklyarov] KQED's "Californian of the year" Message-ID: <20011226100604.A19701@navel.introspect> KQED FM's "Forum" program in San Francisco just wrapped a segment on "Californian of the year", which had the expected cast of characters and politicians with heavy emphasis on the energy crisis, terrorism, the dot-bomb collapse and venture capitalists. A few people managed to get in mentions by email of Dmitri, however, and these were summarized at the end of the hour as: Dmitri Sklyarov, the Russian programmer who was involved in the Adobe massacre. I swear that's not what _I_ wrote, but I couldn't have spun it better if I tried. Great press for us, and duly deserved press for Adobe. Merry Christmas, all, or other excuses for midwinter revelry and introspection. -- Karsten M. Self http://kmself.home.netcom.com/ What part of "Gestalt" don't you understand? Home of the brave http://gestalt-system.sourceforge.net/ Land of the free We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org Geek for Hire http://kmself.home.netcom.com/resume.html -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011226/035c3c08/attachment.pgp From tom at lemuria.org Wed Dec 26 10:40:59 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:38 2005 Subject: [dvd-discuss] Re: [free-sklyarov] adobe DMCA letters In-Reply-To: ; from hartman@onetouch.com on Wed, Dec 26, 2001 at 09:02:11AM -0800 References: Message-ID: <20011226194059.A30809@lemuria.org> On Wed, Dec 26, 2001 at 09:02:11AM -0800, Richard Hartman wrote: > > I don't have a problem with adobe trying to stop software piracy. I do > > have a problem with them calling on ISPs. that's like coming home to > > find your car has been taken away without any notice or warning, > > because, say, you were caught speeding a few days earlier. > > > > Or having the Denver Boot put on because you haven't paid > your parking tickets? Or having it repossessed because you > haven't made the payments? > > Sorry, but it _does_ make sense to have your service restricted > if you are in violation. that's what I was trying to tell with the "without any notice or warning" part. maybe it would've been clearer had I not said CAUGHT speeding but, say, "because a neighbor saw you driving with what he thought was excessive speed the day before". -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From seth.johnson at RealMeasures.dyndns.org Thu Dec 27 06:22:56 2001 From: seth.johnson at RealMeasures.dyndns.org (Seth Johnson) Date: Fri Jul 8 22:09:39 2005 Subject: [free-sklyarov] [Fwd: Free Software vs. Fear] Message-ID: <3C2B2EC0.B01B2FE5@RealMeasures.dyndns.org> -------- Original Message -------- Date: Thu, 27 Dec 2001 08:51:47 -0500 From: Seth Johnson (From OS Opinion site) http://www.osopinion.com/perl/story/15482.html Free Software vs. Fear by Nathan Joel Lunt December 26, 2001 In the last few months, we have seen incredible violations of civil rights, all in the name of public safety and national security. Many special interest groups, both conservative and liberal, have exploited this idea, calling anybody with opposing ideas a terrorist or branding them as supportive of ideas that benefit terrorists. Examples of this can be seen in James Brady calling for stricter gun laws to hinder terrorism, or members of the U.S. Congress and the Justice Department speaking out against encryption algorithms because they could be used by terrorists to communicate clandestinely. Every group is guilty of this name-calling, including environmentalists, capitalists and communists, Libertarians, Democrats and Republicans. My immediate response to this is to go along with the popular mindset and try to use it to support my own ideals and squash opponents. After careful consideration, however, I find that this is a dangerous sentiment to embrace. Not only does it insult true victims of terrorism, but it also eventually serves to discourage the proliferation of unpopular ideas, which will be quickly labeled as terrorism to diminish public support. Fight Fire with Fire My original idea was to work against proprietary software companies that have chosen to hide their source code from the public. This is done by labeling their products as conducive to terrorist threats, due to the inherent security flaws which result and the inability of the public to really know for sure what is being done with the software. All the obvious and repeated arguments for Free Software come into play here, and proprietary software companies face an uphill battle when defending themselves against publicly assumed or learned security threats. It's just common sense that Free Software is much less likely to benefit so-called "cyberterrorists" than software produced by financially motivated software giants who are unable to hold their employees accountable for every bug or even structural flaws in their products. Take it Personally This takes all of the arguments we have heard supporting Free Software and makes them very personal to every computer user in the world. "Why support Free Software? It is safer, and it's your patriotic duty." It is quite a convincing argument, but it has one fatal flaw: It is the same game John Ashcroft plays when he mentions "Internet" and "terrorist" in the same sentence. It is using the biggest play that weak ideas have. It manipulates the public by creating fear of the unknown. I am firmly convinced that the Free Software movement has already produced superior products and will continue to compete furiously in the software marketplace, but only by continuing to do what is right, and by continuing to take the high road even when competition is stiff. Same Rules Don't Apply If the Free Software movement were motivated by financial gain, then the rules of that cause would apply. Because it is motivated by moral cause of good philosophy and a desire to actually produce a quality product, then a different set of rules is in effect which call for doing the right thing, regardless of what the opponent is doing. Free Software does not need to ignite public fear to gain support. Proprietary software does. President George W. Bush said, "Freedom and fear are at war." It appears that fear is winning at the expense of our civil liberties, but to perpetuate fear by labeling opposing ideas as supporting terrorism is a dangerous political move, and is inconsistent with the ideals of the Free Software movement. C-FIT Community Discussion List List Parent: seth.johnson@RealMeasures.dyndns.org C-FIT Home: http://RealMeasures.dyndns.org/C-FIT To Subscribe/Unsubscribe: ------------------------------------------------------------ Send "[Un]Subscribe C-FIT_Community" To Listserv@RealMeasures.dyndns.org From kfoss at planetpdf.com Mon Dec 31 13:25:28 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:39 2005 Subject: [free-sklyarov] FYI> 'Russian programmer ... returns to Moscow' In-Reply-To: <3C2B2EC0.B01B2FE5@RealMeasures.dyndns.org> References: <3C2B2EC0.B01B2FE5@RealMeasures.dyndns.org> Message-ID: Russian programmer charged with violating copyright law in U.S. returns to Moscow http://www.interfax.ru/one_news_en.html?lang=EN&tz=0&tz_format=MSK&id_news=5550971 Dec. 31, 2001 - Interfax ... "Earlier Sklyarov's lawyers won court approval for Sklyarov's return to Russia. Now he will be waiting for the court decision on the Elcomsoft case in Moscow calling representatives of U.S. justice once a month." "Under an understanding Sklyarov pledged not to break American laws even outside the United States until all charges against him are dropped. Lawyers say this will not happen earlier than in year's time." "[Vladimir] Katalov said that Sklyarov will continue working for Elcomsoft but will refrain from developing products related to electronic books in one way or other. "At the advice of lawyers the company has imposed a moratorium on the development of such products," he said adding that Sklyarov will have plenty of other work to do because "a professional of such a standard will not remain without a job." ... rgds ~ Kurt ____________________ Kurt Foss - Editor _______________________ Planet PDF - A world of Acrobat/PDF news, tips, tools and forums mailto:kfoss@binarything.com | mailto:kfoss@planetpdf.com http://www.binarything.com/ | http://www.planetpdf.com/ The ePublish Store http://www.epublishstore.com/ BinaryThing - The ePublishing Network From kmself at ix.netcom.com Mon Dec 31 20:38:16 2001 From: kmself at ix.netcom.com (Karsten M. Self) Date: Fri Jul 8 22:09:39 2005 Subject: [free-sklyarov] KQED's "Californian of the year" In-Reply-To: <87g05vzpgz.fsf@universe.yi.org>; from burton@openprivacy.org on Fri, Dec 28, 2001 at 01:03:08AM -0800 References: <20011226100604.A19701@navel.introspect> <87g05vzpgz.fsf@universe.yi.org> Message-ID: <20011231203816.K31609@navel.introspect> on Fri, Dec 28, 2001 at 01:03:08AM -0800, Kevin A. Burton (burton@openprivacy.org) wrote: > -----BEGIN PGP SIGNED MESSAGE----- > Hash: SHA1 > > "Karsten M. Self" writes: > > > KQED FM's "Forum" program in San Francisco just wrapped a segment on > > "Californian of the year", which had the expected cast of characters and > > politicians with heavy emphasis on the energy crisis, terrorism, the > > dot-bomb collapse and venture capitalists. A few people managed to get > > in mentions by email of Dmitri, however, and these were summarized at > > the end of the hour as: > > > > Dmitri Sklyarov, the Russian programmer who was involved in the > > Adobe massacre. > > ^^^^^^^^ > > WHAT? Massacre? > > Doesn't this imply that Dmitri murdered a number of people at Adobe? Um. I'm sure that's what Adobe would like you to think, but it's not how it sounded to my ears. The evildoing party seemed to have a name starting with the letter "a". > > I swear that's not what _I_ wrote, but I couldn't have spun it better if I > > tried. Great press for us, and duly deserved press for Adobe. > > NOT if it is a massacre! > > > Merry Christmas, all, or other excuses for midwinter revelry and > > introspection. > > This is bad press! :) I'll assume there's a tongue stuck somewhere in that cheek. Peace. -- Karsten M. Self http://kmself.home.netcom.com/ What part of "Gestalt" don't you understand? Home of the brave http://gestalt-system.sourceforge.net/ Land of the free We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org Geek for Hire http://kmself.home.netcom.com/resume.html -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011231/86f3b524/attachment.pgp