[free-sklyarov] List of Demands

Len Sassaman rabbi at quickie.net
Thu Jul 19 23:23:46 PDT 2001


I do not have the time at present to address this email. Once I'm able to
focus on other things, I certainly will come back to it.

Thanks,

Len

On Thu, 19 Jul 2001, Jeme A Brelin wrote:

>
> On Thu, 19 Jul 2001, Len Sassaman wrote:
> > Find someone else to be your test case. An American. You, perhaps.
>
> I'm working on it.
>
> > > Maybe you're just trusting Felten v. RIAA.
> > Maybe we want to see this 26 year old father of two returned to his family
> > in his home country.
>
> Maybe we should wait and ask him which is more important to him: the
> personal freedom of millions of other human beings or his ability to spend
> more time with his kids.  I know which one I'd choose.
>
> > > > 5) Adobe pledge its support for open and fair peer review of all Adobe
> > > >    copy protection schemes, particularly encrypted PDF and eBook.
> > > Do you really want to see these schemes IMPROVED?  Do you really want to
> > > make it so that they have both legal AND technical ability to prevent you
> > > from exercising your rights?
> >
> > Irrelevant to the topic of this list, but yes.
>
> It was made relevant by stating it as one of "our demands".
>
> > If they are going to sell a product, it should do what they are
> > claiming. Copyright holders are trusting Adobe to provide security for
> > their eBooks, and Adobe is failing to do so.
>
> It DOES do what it's claiming.  It has an access control that, by the
> standards of the DMCA, "effectively controls access".  Circumventing that
> control is illegal, so it doesn't matter what kind of job it does under
> objective scrutiny.
>
> > If you don't like how eBooks function, don't buy them.
>
> And just "deal with it" when it become the dominant form of media?  I
> don't think so.
>
> If I'm going to be granting a person monopoly rights, I'm going to do it
> for a good reason like public benefit.
>
> > > > 6) Adobe pledge to work with the scientific and technical communities
> > > >    to amend the eBook architecture to preserve fair use rights for end
> > > >    users.
> > > It is simply NOT POSSIBLE to allow fair use and implement access controls.
> > This is irrelevant to the topic of this list -- freeing Dmitry.
>
> The list is CALLED "free-dmitry", but we don't simply want him free.  We
> want it to be impossible to legally jail someone on this pretext ever
> again.
>
> > But I will make the one comment that *no one* should be arguing that
> > access controls be made illegal. Only that analysis of and attempts to
> > defeat access controls should not be illegal.
>
> I'm arguing it and I'm sure you'd agree that I have every right to do so.
>
> > A copyright holder has the right to make whatever contract he wants
> > when he licenses you his software. You just built a strawman argument
> > that our enemies can knock down. I suggest you take this to a
> > different, more appropriate list.
>
> First, what makes them a copyright holder?  Copyright is something granted
> to them by the public in return for public benefit.  If the work isn't
> public, it shouldn't be copyrighted.
>
> Second, a license is not sale.  This is the bullshit we've been fed in the
> last decade or two.  They've convinced us that they don't SELL a copy of
> their work to us anymore, they merely license it.  The license exists to
> impose arbitrary conditions on the public; conditions that are NOT part of
> the agreement that gave them copyright on the first place.  Licensing a
> work is inherently NOT publication.
>
> I would argue that a person distributing information can either use legal
> protection measures (a la copyright law) OR technological protection
> measures (a la CSS), but not both.  Using both allows the distributor to
> get the benefit of a publicly sanctioned and subsidized monopoly without
> necessarily benefiting the public in any way.
>
> Third, this list is exactly the forum for these issues.  The arrest of
> Dmitry Sklyarov is one symptom in the increasing disease of our
> society.  The primary indications of this disease are: destruction of the
> public sphere, corporate control of government, and lack of national
> humility.  We need to use this atrocity to raise awareness of these
> issues.  Simply freeing Dmitry will leave us no further away from the
> situation we were in on Saturday, before Dmitry's arrest.
>
> J.
> --
>    -----------------
>      Jeme A Brelin
>     jeme at brelin.net
>    -----------------
>  [cc] counter-copyright
>  http://www.openlaw.org
>
>
>
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> http://zork.net/mailman/listinfo/free-sklyarov
>

--

Len Sassaman

Security Architect            |
Technology Consultant         |  "Let be be finale of seem."
                              |
http://sion.quickie.net       |           --Wallace Stevens














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