[free-sklyarov] The American Association of Publishers issues a press release

[fegray at uiuc.edu]

Hi, folks,

It's worth noting that many major universities have a publishing arm,
and many of them are members of the American Association of Publishers.  This
is the organization that issued a news release in support of the charges
against Dmitry Sklyarov.

For those of you who are still associated with a university, you can look up
your institution in the AAP's membership list:

http://www.publishers.org/home/abouta/members.htm

If they are there, I would suggest that you try to contact the relevant people
on your campus to discuss the issue with them.  I have appended the message 
that I just sent to the designated contact person at the U of I Press...

Thanks,

-- Fred Gray

*** FREE DMITRY SKLYAROV *** http://www.freesklyarov.org ***

Paul,

I am writing to you in your capacity as Electronic Publisher at the 
U of I Press.  I am a graduate student in the physics department at UIUC, and
I am extremely concerned about a recent news release by the American 
Association of Publishers (AAP), of which the U of I Press is a member.  It is
currently available online at 

http://www.publishers.org/home/press/index.htm

This news release applauds the actions of the U.S. government in arresting
and charging Dmitry Sklyarov under the criminal provisions of the Digital
Millennium Copyright Act (DMCA).  

On the contrary, an academic publisher should be OUTRAGED by these charges. 

Dmitry Sklyarov is charged with writing a program which allows the original
purchaser of an eBook to convert it into the more readily useful PDF file
format.  In this format, it is possible for the customer to move the file from
one computer to another, to make backup copies, to print it, and to copy short 
excerpts from it.  These operations all constitute non-infringing fair use of 
the copyrighted work, and there is nothing illegal about them.  However, the 
DMCA criminalizes the creation and distribution of this software tool itself, 
labeling it a "circumvention device."  This is true even though there is no 
evidence that it has ever been used to make even one infringing copy of a 
copyrighted work.  The DMCA nullifies the public's fair use rights by
prohibiting any mechanism that would allow them to be exercised.

Computer programs are also a form of speech; they have been found by the courts
to be entitled to at least as much First Amendment protection as other 
"functional" expression.  The DMCA declares a particular class of programs 
("circumvention devices") to be unlawful.  This is nearly equivalent to banning
all books on a particular subject (picking locks, for example), and it seems 
reasonable to hope that the DMCA will be found on this basis to be 
unconstitutional.

I found the following gem on the U of I Press web site:

   The University of Illinois Press has made a commitment to poetry in a 
   time when most publishing decisions are made according to the bottom line.
   We can't measure such a commitment in financial terms, however. It is 
   important that we publish poetry, so we do.

Similarly, support of academic publishers for freedom of expression and fair 
use rights probably cannot be justified in terms of the current bottom line.  
However, these rights are important, so publishers should support them.
You should make it clear to the AAP and to the community that the position
articulated in the AAP news release does not represent the opinion of the
U of I Press.

Would you please forward this message to those within the U of I Press who 
might be interested?  Also, I would like to schedule an appointment with the 
appropriate people in your organization to discuss this issue in person.  
Would you refer me to the individuals whom I should contact?

Thank you very much for your concern,

-- Fred Gray 

*** FREE DMITRY SKLYAROV *** http://www.freesklyarov.org ***