[free-sklyarov] What did he do IN THE US that was 'wrong'?

Matt Brubeck mbrubeck at hmc.edu
Fri Jul 27 23:32:19 PDT 2001


There's a lot of misinformation and guessing in this thread. Please, study
the US DOJ complaint carefully before posting incorrect information:

 http://www.eff.org/IP/DMCA/US_v_Sklyarov/20010707_complaint.html

In summary:

* The charges have nothing to do with the Defcon presentation.
  Dmitry was not arrested for giving a speech.

* The charges have nothing to do with software distributed at Defcon.

* He is not charged with the creation of AEBPR, which occurred in Russia.

* The charges are "trafficking in a device" that violates the DMCA.
  An American company handled US sales of AEBPR for Elcomsoft. Thus
  both the buying and selling took place on US soil.

* According to the DOJ, Dmitry was arrested as an individual because he is
  named as the author in the AEBPR copyright notice. As the copyright
  holder, he has control over all distribution and licensing of the
  program; thus he is held responsible for the distribution in the US.

Please, please educate yourselves about the details of this case before
speaking or writing about it in a public forum. Familiarize yourself with
the DOJ's case, so that we can discuss it factually and intelligently.

As the US Attorney's office pointed out, the courts will have no problem
with questions of jurisdiction in this case.  If you're interested in the
legal strength of the USAO case, you should probably focus on other
aspects. Again, familiarize yourself with the law and with the case
*before* you post.






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