From Davbrad at aol.com Wed May 1 12:57:52 2002 From: Davbrad at aol.com (Davbrad@aol.com) Date: Fri Jul 8 22:09:48 2005 Subject: [free-sklyarov] (no subject) Message-ID: <26.27021c6a.2a01a2c0@aol.com> Please unsubscribe Thank You. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://frotz.zork.net/pipermail/free-sklyarov/attachments/20020501/b5db864e/attachment.htm From rms at computerbytesman.com Fri May 3 06:49:04 2002 From: rms at computerbytesman.com (Richard M. Smith) Date: Fri Jul 8 22:09:49 2005 Subject: [free-sklyarov] Movie studios and TV networks force SonicBlue to spy on their customers Message-ID: <002101c1f2a9$4a032740$6501a8c0@rms> Hi, The copyright battle between content companies and technology companies hit a new all-time low yesterday in Los Angeles. According to an article in the San Jose Mercury News, a federal judge in Los Angeles, at the request of major movie studios and TV networks, is compelling SonicBlue to spy on the viewing habits of individual ReplayTV customers. SonicBlue doesn't have this type of tracking software today, but was given 60 days by the court to create it and install it on customer ReplayTV boxes using the auto-update feature of the boxes. This move by the court and content companies is exactly the problem I warned about on March 1, 2002 in a piece I did on Senator Hollings's proposed CBDTPA bill. This piece can be found here at my Web site: Anti-piracy technology means more surveillance, less privacy http://www.computerbytesman.com/copyprotect/hollings.htm I hope that everyone who is concerned about the ever expanding misuse of copyright law willing speak out on the dangerous precedent being set here by this court ruling. Hopefully Soniclue will be able to overturned the ruling on appeal. Thanks, Richard M. Smith http://www.ComputerBytesMan.com ============================================================ SonicBlue ordered to track ReplayTV users' viewing choices By Dawn C. Chmielewski Mercury News http://www.siliconvalley.com/mld/siliconvalley/3186191.htm A federal magistrate in Los Angeles has ordered SonicBlue to spy on thousands of digital video recorder users -- monitoring every show they record, every commercial they skip and every program they send electronically to a friend. Central District Court Magistrate Charles F. Eick told SonicBlue to gather ``all available information'' about how consumers use the Santa Clara company's latest generation ReplayTV 4000 video recorders, and turn the information over to the film studios and television networks suing it for contributing to copyright infringement. .... From debug at centras.lt Fri May 3 08:09:32 2002 From: debug at centras.lt (De Bug) Date: Fri Jul 8 22:09:49 2005 Subject: [free-sklyarov] Movie studios and TV networks forceSonicBlueto spy on their customers Message-ID: <200205031414.g43EE0j03964@atmpe.omnitel.net> > Anti-piracy technology means more surveillance, less privacy > http://www.computerbytesman.com/copyprotect/hollings.htm piracy is on agenda today, so called shadow market will be tommorow And shadow market is not guns and drags only, many positive things are being classified as shadow market activities. -- De Bug mailto: debug@centras.lt -- From dwornock at comcast.net Sat May 4 10:40:33 2002 From: dwornock at comcast.net (D Wornock) Date: Fri Jul 8 22:09:49 2005 Subject: [free-sklyarov] RE: Government Snooping Message-ID: <000d01c1f392$cbf7e440$36243344@cc653035a> I cannot believe that anything I do would be of much interest to anyone and in that respect I am protected. However, snooping, especially Government snooping, annoys me even more than most other peeping Toms. For example, the following is in my opinion an outrage: Central District Court Magistrate Charles F. Eick told SonicBlue to gather ``all available information'' about how consumers use the Santa Clara company's latest generation ReplayTV 4000 video recorders, and turn the information over to the film studios and television networks suing it for contributing to copyright infringement. Now I wonder how much snooping, especially Government snooping, is going on with peoples use of the Internet. I would solicit answers from those of you that have knowledge for the following two questions. 1. Is there a copy, either maintained by the Internet providers and/or the Government, of every e-mail sent and received? 2. Do either the Internet providers and/or the Government keep a record of every site visited on the Internet by any computer and perhaps the times and duration of the visits to the site? -------------- next part -------------- An HTML attachment was scrubbed... URL: http://frotz.zork.net/pipermail/free-sklyarov/attachments/20020504/ae6f8297/attachment.html From mickeym at mindspring.com Tue May 7 16:37:44 2002 From: mickeym at mindspring.com (mickey) Date: Fri Jul 8 22:09:49 2005 Subject: [free-sklyarov] Was there a hearing today? References: <3CBCCC01.40007@mindspring.com> Message-ID: <3CD86548.3040809@mindspring.com> "A federal judge considering a dismissal request of the first prosecution under the Digital Millennium Copyright Act did not issue a ruling Monday and told attorneys in the case against ElcomSoft Co. Ltd. he will aim to issue a decision by May 6." Was there a ruling today? mickeym > No ruling yet in case against Russian software firm > http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2002/04/15/financial1416EDT0089.DTL > > > > >> "Judge Ronald M. Whyte of Federal District Court in Northern >> California did not issue a decision on the motions to dismiss the >> case. He could issue a written decision before the next hearing, >> scheduled for April 15, or announce his decision in court that day, >> lawyers said." >> >> >> Did the hearing take place? >> mickeym >> >> >> _______________________________________________ >> free-sklyarov mailing list >> free-sklyarov@zork.net >> http://zork.net/mailman/listinfo/free-sklyarov > > > From schoen at loyalty.org Mon May 6 16:46:14 2002 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:49 2005 Subject: [free-sklyarov] Was there a hearing today? In-Reply-To: <3CD86548.3040809@mindspring.com> References: <3CBCCC01.40007@mindspring.com> <3CD86548.3040809@mindspring.com> Message-ID: <20020506234614.GL1438@zork.net> mickey writes: > "A federal judge considering a dismissal request of the first > prosecution under the Digital Millennium Copyright Act did not issue a > ruling Monday and told attorneys in the case against ElcomSoft Co. Ltd. > he will aim to issue a decision by May 6." > > Was there a ruling today? Good memory. :-) EFF heard late Friday that the expected date of Judge Whyte's ruling has been moved back to May 20. -- Seth David Schoen | Reading is a right, not a feature! http://www.loyalty.org/~schoen/ | -- Kathryn Myronuk http://vitanuova.loyalty.org/ | From wild at eff.org Mon May 6 16:48:53 2002 From: wild at eff.org (Will Doherty) Date: Fri Jul 8 22:09:49 2005 Subject: [free-sklyarov] Was there a hearing today? In-Reply-To: <3CD86548.3040809@mindspring.com> References: <3CBCCC01.40007@mindspring.com> Message-ID: <5.1.0.14.0.20020506164834.04b13b58@mail.eff.org> No ruling, hearing postponed to May 20. Will Doherty Media Relations Director Electronic Frontier Foundation (EFF) Web http://www.eff.org Electronic Frontier Foundation - Protecting rights in the digital age ------- At 07:37 PM 5/7/2002 -0400, mickey wrote: >"A federal judge considering a dismissal request of the first prosecution >under the Digital Millennium Copyright Act did not issue a ruling Monday >and told attorneys in the case against ElcomSoft Co. Ltd. he will aim to >issue a decision by May 6." > >Was there a ruling today? >mickeym > >>No ruling yet in case against Russian software firm >>http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2002/04/15/financial1416EDT0089.DTL >> >> >> >> >>> "Judge Ronald M. Whyte of Federal District Court in Northern >>> California did not issue a decision on the motions to dismiss the case. >>> He could issue a written decision before the next hearing, scheduled >>> for April 15, or announce his decision in court that day, lawyers said." >>> >>> >>>Did the hearing take place? >>>mickeym >>> >>> >>>_______________________________________________ >>>free-sklyarov mailing list >>>free-sklyarov@zork.net >>>http://zork.net/mailman/listinfo/free-sklyarov >> >> > > > > >_______________________________________________ >free-sklyarov mailing list >free-sklyarov@zork.net >http://zork.net/mailman/listinfo/free-sklyarov From kfoss at planetpdf.com Mon May 6 18:04:25 2002 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:49 2005 Subject: [free-sklyarov] Was there a hearing today? In-Reply-To: <3CD86548.3040809@mindspring.com> References: <3CBCCC01.40007@mindspring.com> <3CD86548.3040809@mindspring.com> Message-ID: Postponed until May 20. rgds ~ Kurt >"A federal judge considering a dismissal request of the first >prosecution under the Digital Millennium Copyright Act did not issue >a ruling Monday and told attorneys in the case against ElcomSoft Co. >Ltd. he will aim to issue a decision by May 6." > >Was there a ruling today? >mickeym > >>No ruling yet in case against Russian software firm >>http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2002/04/15/financial1416EDT0089.DTL >> > -- ____________________ Kurt Foss - Editor _______________________ Planet PDF - A world of Acrobat/PDF news, tips, tools and forums | mailto:kfoss@planetpdf.com | http://www.planetpdf.com | | http://www.epublishstore.com | http://forum.planetpdf.com | BinaryThing - The ePublishing Network From schoen at loyalty.org Wed May 8 13:22:13 2002 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:49 2005 Subject: [free-sklyarov] Elcomsoft motions denied Message-ID: <20020508202213.GA30911@zork.net> Judge Whyte has today denied both of Elcomsoft's constitutional motions to dismiss -- the due process motion and the first amendment motion. He issued a written order of about 30 pages in which he found the DMCA neither unconstitutionally vague nor unconstitutionally restrictive of protected speech. EFF expects to have a press release later today. There isn't a digital version of Judge Whyte's ruling yet. -- Seth David Schoen | Reading is a right, not a feature! http://www.loyalty.org/~schoen/ | -- Kathryn Myronuk http://vitanuova.loyalty.org/ | From mrussotto at speakeasy.net Wed May 8 20:11:47 2002 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:50 2005 Subject: [free-sklyarov] Denied Message-ID: <7FB577A2-62FA-11D6-BDB0-0003938C3EE0@speakeasy.net> *sigh*. No surprise, of course, but all these losses are wearisome. Is there not one judge in the country who sees a problem with this law? If it goes to trial, I imagine we'll see a major farce. Elcomsoft will be denied any useful defenses, so the only issues before the court will be "did they indeed sell AEBPR, and is it a circumvention device". Which of course is a slam dunk for the prosecution. From kfoss at planetpdf.com Thu May 9 05:54:13 2002 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:50 2005 Subject: [free-sklyarov] Fwd: Court order denying Elcomsoft motions to dismiss DMCA charges In-Reply-To: <20020508202213.GA30911@zork.net> References: <20020508202213.GA30911@zork.net> Message-ID: FYI> Thought this might be of interest: We've posted the full-text of the recent ruling by U.S. District Court Judge Ronald M. Whyte denying motions to dismiss the criminal indictment against Russian software company Elcomsoft, charged with violating the Digital Millennium Copyright Act (DMCA). A trial date will be set May 20. http://www.planetpdf.com/mainpage.asp?webpageid=2049 PDF version - 89kb http://www.planetpdf.com/planetpdf/pdfs/elcomsoft_dismiss_const.pdf rgds ~ Kurt -- ____________________ Kurt Foss - Editor _______________________ Planet PDF - A world of Acrobat/PDF news, tips, tools and forums | mailto:kfoss@planetpdf.com | http://www.planetpdf.com | | http://www.epublishstore.com | http://forum.planetpdf.com | BinaryThing - The ePublishing Network From seth.johnson at RealMeasures.dyndns.org Thu May 9 09:44:24 2002 From: seth.johnson at RealMeasures.dyndns.org (Seth Johnson) Date: Fri Jul 8 22:09:50 2005 Subject: [free-sklyarov] Judge: Code is Speech, But Go to Trial Anyway Message-ID: <3CDAA768.A1AB6EA4@RealMeasures.dyndns.org> (Forwarded from DMCA Activists list, dmca-activists@gnu.org. Article text pasted below. -- Seth) -------- Original Message -------- Date: 09 May 2002 12:17:18 -0400 From: Jonathan Watterson Judge: Code is speech, but we'll try you anyway. http://www.wired.com/news/politics/0,1283,52404,00.html J -- Jonathan Watterson Digital Freedom Organizer http://digitalspeech.org Free Software Foundation Digital Speech Project: Fight for your rights online! Donate: http://svcs.affero.net/rm.php?p=.dsp0&m=jono%40digitalspeech.org Mailing list: http://mail.gnu.org/mailman/listinfo/dmca-activists ---- http://www.wired.com/news/politics/0,1283,52404,00.html Judge: Elcomsoft Case Can Proceed By Farhad Manjoo May 8, 2002 A federal judge ruled on Wednesday that the copyright infringement case against the Russian software company Elcomsoft can go on, dismissing the defense's claim that key provisions of the Digital Millennium Copyright Act are unconstitutional. U.S. District Court Judge Ronald Whyte of San Jose said that the DMCA was neither vague nor did it violate the First Amendment, as Elcomsoft had argued. Although the judge agreed with Elcomsoft that computer code is speech, he said that the DMCA does not unconstitutionally ban that speech. His ruling allows the first criminal prosecution under the DMCA to continue in the courts; neither the government nor Elcomsoft were available for comment regarding whether they may pursue any settlement negotiations. U.S. v. Elcomsoft, the case that began last July with the arrest of the Russian programmer Dmitri Sklyarov, has become a major courtroom test of the DMCA, the controversial law that many in the programming community have criticized as being too broad. Elcomsoft is charged with creating and trafficking in a copyright "circumvention device" -- that device is the company's Advanced eBook Processor, which breaks the encryption scheme of Adobe's e-books. One of the main complaints against the DMCA has centered around "fair use" -- the right to access copyrighted works for limited use. Elcomsoft's attorneys as well as other critics of the DMCA have argued that the law does not sufficiently protect fair use rights, and that it instead enjoins anyone from creating a so-called "circumvention device," even if the purpose of that circumvention is lawful. But in denying the defense's motion, Whyte ironically agreed with them that the law does not distinguish between devices created to promote fair use and those created to "infringe" upon a copyright. "Nothing within the express language would permit trafficking in devices designed to bypass use restrictions in order to enable a fair use, as opposed to an infringing use," Whyte ruled. "The statute does not distinguish between devices based on the uses to which the device will be put. Instead, all tools that enable circumvention of use restrictions are banned, not merely those use restrictions that prohibit infringement. Thus, as the government contended at oral argument, (the law) imposes a blanket ban on trafficking in or the marketing of any device that circumvents use restrictions." The judge further adds: "The act expressly disclaims any intent to affect the rights, remedies, limitations, or defenses to copyright infringement, including the right of fair use." In other words, it doesn't matter whether you create software to crack an e-book only with the intent of copying some passages from the e-book in a "fair" manner: Creating that cracking software still violates the DMCA, according to Whyte. Elcomsoft had argued that the code in its eBook Processor was a kind of "speech," and Whyte agreed. "The government contends that computer code is not speech and hence is not subject to First Amendment protections," he wrote. "The court disagrees. Computer software is expression that is protected by the copyright laws and is therefore 'speech' at some level, speech that is protected at some level by the First Amendment." But to the chagrin of Elcomsoft, he said that the DMCA's regulations on the speech-in-code is not unconstitutional: "In the digital age, more and more conduct occurs through the use of computers and over the Internet. Accordingly, more and more conduct occurs through 'speech' by way of messages typed onto a keyboard or implemented through the use of computer code when the object code commands computers to perform certain functions. "The mere fact that this conduct occurs at some level through expression does not elevate all such conduct to the highest levels of First Amendment protection. Doing so would turn centuries of our law and legal tradition on its head, eviscerating the carefully crafted balance between protecting free speech and permissible governmental regulation." Whyte's ruling marks yet another setback for DMCA foes, who have seen many of their legal efforts to overturn the law crumble at the hands of unsympathetic judges during the past year. Last fall, for example, an appeals court in New York, siding with the movie industry against 2600 magazine, ruled (PDF) that the DMCA did not violate the First Amendment because its restrictions are "content-neutral, just as would be a restriction on trafficking in skeleton keys identified because of their capacity to unlock jail cells, even though some of the keys happened to bear a slogan or other legend that qualified as a speech component." On the same day, in a separate case, U.S. District Judge Garrett Brown dismissed a case against the Recording Industry Association of America, saying that the association had not stifled academic research when it told Ed Felten, a Princeton professor, that his research into a music-encryption scheme violated the DMCA. _______________________________________________ DMCA-Activists mailing list DMCA-Activists@gnu.org http://mail.gnu.org/mailman/listinfo/dmca-activists From jays at panix.com Mon May 20 22:28:02 2002 From: jays at panix.com (Jay Sulzberger) Date: Fri Jul 8 22:09:50 2005 Subject: [free-sklyarov] Copyright Trial Set for Russian (fwd) Message-ID: Copyright Trial Set for Russian May 20, 2002 By THE ASSOCIATED PRESS Filed at 11:29 p.m. ET SAN JOSE, Calif. (AP) -- The first criminal trial under the Digital Millennium Copyright Act will begin Aug. 26, a federal judge decided Monday. ElcomSoft Co. Ltd. of Moscow could be fined $500,000 if convicted of selling a program that let users circumvent copyright protections on electronic-book software made by Adobe Systems Inc. < ... /> The case is U.S. v. ElcomSoft and Dmitry Sklyarov, CR-01-20138RMW. ------ On the Net: Prosecutors: http://www.usdoj.gov/usao/can/index-2.html ElcomSoft: http://www.elcomsoft.com http://www.nytimes.com/aponline/technology/AP-Russian-Programmer.html?ex=1022955162&ei=1&en=da6971061a608b28 From dave at fen-net.de Tue May 21 13:08:51 2002 From: dave at fen-net.de (David Haworth) Date: Fri Jul 8 22:09:50 2005 Subject: [free-sklyarov] Copyright Trial Set for Russian (fwd) In-Reply-To: ; from jays@panix.com on Tue, May 21, 2002 at 01:28:02AM -0400 References: Message-ID: <20020521220851.B719@fen-net.de> On Tue, May 21, 2002 at 01:28:02AM -0400, Jay Sulzberger wrote: > > SAN JOSE, Calif. (AP) -- The first criminal trial under the > Digital Millennium Copyright Act will begin Aug. 26, a > federal judge decided Monday. A little off-topic, perhaps, but there was a story today (I forget where - possibly www.theregister.co.uk) about someone from the DoJ trying to persuade the EU to drop its anti-trust charges against Microsoft because (he claimed) they would never stand up in a US court. By the same logic, the US should drop the charges against Elcomsoft because they would never stand up in a Russian court. Dave -- David Haworth dave@fen-net.de Baiersdorf, Germany. http://home.graffiti.net/pogue/ -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20020521/a80db1fb/attachment.pgp From john.dempsey7 at verizon.net Tue May 28 19:20:59 2002 From: john.dempsey7 at verizon.net (John Dempsey) Date: Fri Jul 8 22:09:50 2005 Subject: [free-sklyarov] Copyright Trial Set for Russian (fwd) In-Reply-To: <20020521220851.B719@fen-net.de> Message-ID: You're missing the subtle belief system here: The US courts are REAL. The others are FAKE. -----Original Message----- From: free-sklyarov-admin@zork.net [mailto:free-sklyarov-admin@zork.net]On Behalf Of David Haworth Sent: Tuesday, May 21, 2002 4:09 PM To: free-sklyarov@zork.net Subject: Re: [free-sklyarov] Copyright Trial Set for Russian (fwd) On Tue, May 21, 2002 at 01:28:02AM -0400, Jay Sulzberger wrote: > > SAN JOSE, Calif. (AP) -- The first criminal trial under the > Digital Millennium Copyright Act will begin Aug. 26, a > federal judge decided Monday. A little off-topic, perhaps, but there was a story today (I forget where - possibly www.theregister.co.uk) about someone from the DoJ trying to persuade the EU to drop its anti-trust charges against Microsoft because (he claimed) they would never stand up in a US court. By the same logic, the US should drop the charges against Elcomsoft because they would never stand up in a Russian court. Dave -- David Haworth dave@fen-net.de Baiersdorf, Germany. http://home.graffiti.net/pogue/ From proclus at mac.com Wed May 29 19:05:39 2002 From: proclus at mac.com (proclus realm) Date: Fri Jul 8 22:09:50 2005 Subject: [free-sklyarov] Disney dumping Message-ID: <200205300205.g4U25dv18261@astrolabei> Slashdot: [19]EFF Releases "The Tinseltown Club [20][mouse-racket-tm.png] Be sure to get the [21]MP3, and add it to your uploads directory! Why not check out Declan's pictures of the [22]DMCA Hoedown while you listen. It's a little Mickey Mouse racket world. Have a nice day. 19. http://slashdot.org/article.pl?sid=02/05/29/1649239 20. http://gnu-darwin.sourceforge.net/mouse-racket-bg.png 21. http://www.eff.org/IP/SSSCA_CBDTPA/20020528_eff_tinseltown_club.mp3 22. http://www.mccullagh.org/theme/dmca-celebration-may02.html Regards, proclus http://www.gnu-darwin.org/ -- Visit proclus realm! http://proclus.tripod.com/ -----BEGIN GEEK CODE BLOCK----- Version: 3.1 GMU/S d+@ s: a+ C++++ UBULI++++$ P+ L+++(++++) E--- W++ N- !o K- w--- !O M++@ V-- PS+++ PE Y+ PGP-- t+++(+) 5+++ X+ R tv-(--)@ b !DI D- G e++++ h--- r+++ y++++ ------END GEEK CODE BLOCK------