[free-sklyarov] Adobe's questionable handling of the Sklyarov situation

[Richard M. Smith]

Hello,

It is very clear from a number of documents that Adobe made almost no
effort to solve their dispute with Elcomsoft before calling in the FBI.
According to the Elcomsoft Web site, they first heard from Adobe that
the "Advanced Ebook Processor" software might violate copyright law in
an unsigned email message that was sent on June 25, 2001.  Adobe gave
Elcomsoft five days to remove the software from their site.  In this
email message Adobe made no mention of the Digital Millennium Copyright
Act (DMCA).  In addition, according to Elcomsoft, Adobe refused to
discuss the issue.

On the following day, June 26th, Adobe approached the FBI about the
Elcomsoft product according to the DOJ criminal complaint.    

I think the strategy that Adobe is pursuing here is highly unfair,
because they are asking the US taxpayers to pay for a criminal
prosecution without first making a reasonable effort to work out the
issue directly with Elcomsoft.

Also the timing begs the question of why the FBI decided to take on the
case before Adobe's deadline to Elcomsoft had  expired.  In addition,
why did the FBI take on a case in which there almost certainly no
monetary damages to speak of?  After all, the "Advanced Ebook Processor"
had been on the market for only 6 days before they started their case.

Richard M. Smith
CTO, Privacy Foundation
http://www.privacyfoundation.org

References

http://www.elcomsoft.com/AEBPR/adobe1.txt
Adobe's email message: Elcomsoft's "Advanced eBook Processor"

June 25, 2001

Adobe Systems Incorporated has determined that www.elcomsoft.com is
engaged 
in other unauthorized activity relating to copyrighted materials
published 
by Adobe Systems.

=======================================================================

http://www.eff.org/IP/DMCA/US_v_Sklyarov/20010707_complaint.html
Criminal Complaint, U.S. v. Sklyarov (July 7, 2001)

On June 26, 2001, I met with representatives of Adobe Systems,
Incorporated (Adobe), located in San Jose, California. Kevin Nathanson,
Group Products Manager, eBooks, Adobe, told me the following: ...