[free-sklyarov] Re: DMCA

Seth Finkelstein sethf at sethf.com
Sat Jul 21 12:10:09 PDT 2001

Brendan wrote:
> It appears to me that his 'violation' wasn't commercial.  I assume
> he was paid to give the speech, but it isn't like he was selling
> copyright-violation on the street corners.

	Well, that could be a big part of the defense argument.
But ... Read the affidavit at http://cryptome.org/usa-v-sklyarov.htm

> Shouldn't Adobe be trying to file a (albeit rediculous)
> lawsuit against Elcomsoft?

	They could. However, I suspect they view getting a criminal
prosecution as a more effective strategy. It's certainly cheaper for
them (assuming the boycott efforts don't change this equation).

> I fail to see where he violated the DMCA for personal gain while
> in the United States. 

	I suspect it will be argued that his conference activities
were promoting his product. Again, I don't mean to endorse that,
but I see the argument.

Seth Finkelstein  Consulting Programmer  sethf at sethf.com  http://sethf.com

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