[free-sklyarov] Re: Continuing the fight

Seth Johnson seth.johnson at RealMeasures.dyndns.org
Sun Dec 16 23:26:46 PST 2001

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

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