[free-sklyarov] Dmitry, an accidental hero

john knox cagednemesis at notboring.com
Tue Aug 28 20:40:07 PDT 2001

This article argues that the plight of Dmitry will serve as a turning point in the acceptance of the DMCA.

It also highlight reasonably well the reasons why Dmitry can not be found guilty. 

'It is not clear that he was involved in 'trafficking' or that he can reasonably be accused of 'aiding and abetting,' nor is it clear that the US have the jurisdiction to try him. Even if all of that were perfectly transparent, there still remains a very strong argument that the software was developed for legal use and thus not primarily developed with the intention of robbing copyright holders of their ownership. 

However, even if all of these objections were to be overlooked, there is still the matter of whether the law is in any respect a fair one. With so much doubt surrounding this issue, can it be right for a Russian programmer to be incarcerated in what would amount to a test case conviction. '


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