[free-sklyarov]juridical procedures

Seth David Schoen schoen at loyalty.org
Wed Jul 18 12:21:44 PDT 2001


Nick Moffitt writes:

> begin  Anton Chterenlikht quotation:
> > Does anyone know the juridical procedures in such case? How long can
> > it take until his next appearance in the court? Is there any source
> > of information about Califironian laws?
> 
> 	My impression is that it is a federal case that happens to be
> tried in California.  That's why the FBI were brought in in Las Vegas.
> Of course, I'm not even a proper armchair legal student, let alone a
> lawyer.

This is correct; the complaint was filed in the United States District
Court for the Northern District of California, which is a Federal
court that sits in California.  It does not appear that there are
_any_ claims under California law.  The DMCA is a Federal law which
was an amendment to the Copyright Act, a Federal law which makes up
Title 17 of the United States Code.

The Northern District sits in three locations: in San Francisco, in
San Jose, and in Oakland.  All of these are in San Francisco Bay Area
and somewhat accessible by public transit.

The U.S. Attorney's Office which brought the complaint is located in
the same building in San Francisco where the Court sits in this city.
I was there yesterday, by a complete co-incidence, but I didn't go
inside.

I'm still trying to find out where the District Court keeps prisoners:
it seems that they have three different detention locations, depending
on which location hearings are to be held.  John Young said that Mr.
Sklyarov was being taken to Santa Clara County (i.e. San Jose), but
the FBI agents told the press he was being taken to San Francisco.
San Francisco certainly makes more sense to me if the prosecutors who
are trying to prosecute him are located here and the judge who issued
the warrant is located here.

-- 
Seth David Schoen <schoen at loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5





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