[free-sklyarov] RE: Plea bargin fot Dima ?!?

[Will Janoschka]

jeanne a. e. devoto ~ jaed at jaedworks.com  wrote:

> If Dmitri is able to go home to his family - regardless of any show
> "plea-bargain" terms or coerced guilty plea - that *is* a victory, an
> important one, and not just for Dmitri Sklyarov but for the anti-DMCA
> movement. If this should happen, it's important to remember that and keep
> it front and center.

Whoa!   A guilty plea means that Dimitry is a convicted felon in the US.
  Not exactly free.  'prolly cannot return to the US should he ever want to.

  The DoJ on the other hand dosen't want to drop charges, 'cause of egg
  on face, and possible false arrest charges.

  If both the DoJ and Joseph Burton agree on all facts of evidence:
  1. Did Dmitry know what AEBPR did and that it was offered for sale?  Yes
  2. Did Dmitry receive compensation for AEBPR?  Yes, Elcomsoft payed him.
  3. Did the FBI have a proper "Sting Warrant" before Adobe showed them the
      goods?  Don't ask and don't try to bring that up later.  OK
  4. More material facts we can agree on?   Yes.
  5. Any material facts we can't agree on?   No.
  
  Dmitry pleads not guilty on the grounds of unconstitutionality of 17 USC 1201
  (b1).   Both sides ask for a summary judgement.  DoJ asks for no jail time.
  Judge finds Dmitry guilty and the fine is an obscene number of Rubles,
  ($50,000 dollars US).   Dmity goes home, a felon in the US (under appeal).

  Now we celebrate, give lots of money to the EFF, case goes to the US
  Supreme Court, they reverse, and Dmitry is FREE.

  I don't know whether "if AEBPR can circumvent anything" is a material fact
  or a legal question.  Any legal people out there?