[free-sklyarov] What happens Thursday?

Will Janoschka wiljan at pobox.com
Tue Aug 21 00:06:02 PDT 2001

        Does someone on the list have a good idea of what may
        happen in court Thursday.  I hope they no-bill Dmitry.
        Then we can all go bitch about the DMCA elsewhere.

        Can the DoJ change the charges significantly from the arrest
        warrant?  To what?   Is a summary judgement possible, since
        there is a question of the law being constitutional?

        If Dmitry is actually charged with,
        (For profit importing providing, or otherwise trafficking in a
         technology, product, service device, component, or part thereof, that
         is primarily designed or produced for the purpose of circumventing a
         technological measure that effectively control access to a work
         protected under title 17),
         has anyone seen evidence that AEBPR circumvents blah blah?

        I am sure that no one here would actually try to find out what
        Elcomsoft's program can do, but some might know of a really unsavory
        type that does know.   From what I have been able to get from my "pony
        tail and tennis shoes don't match" contact is that it uses keys
        provided by the seller or by E-book reader to decrypt the e-book back
        to a pdf file.  This pdf file is the same as that used to make the
        e-book via Adobe's E-Book server.

        Under 17 USC 1201 (a2) the program has all the permissions the
        copyright owner can give to decrypt the e-book.

        Under 17 USC 1201 (b) things get a bit funky 'cause the wording seems
        to limit only the copyright owner not the buyer of the e-book.

     (2) As used in this subsection 
      (A) to ''circumvent protection afforded by a technological measure''
        means avoiding, bypassing, removing, deactivating, or otherwise
        impairing a technological measure; and
      (B) a technological measure ''effectively protects a right of a
        copyright owner under this title'' if the measure, in the ordinary
        course of its operation, prevents, restricts, or otherwise limits the
        exercise of a right of a copyright owner under this title.

      It is a stretch to view this as "...limits the exercise, by others, of a 
      right of a copyright owner...".   What right of the copyright owner is
      being referenced here?
                                  enough already  -will-:@)

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