[free-sklyarov] Of indictments and Adobe

Karsten M. Self kmself at ix.netcom.com
Wed Aug 29 01:58:27 PDT 2001

One of the interesting aspects of press coverage I've seen to date of
the Sklyarov/Elcomsoft indictments is prominent mention of Adobe's
involvement in Dimitry's arrest.

While I recognize that we are currently focusing our actions on
securing Dima's release and providing for his defense, and in repealing
the 1201(a) and 1201(b) sections of the DMCA, it seems that putting some
heat on Adobe could be useful.

I've written the following letter to Bruce Chizen, President and CEO of
Adobe.  I'd encourage others to make their feelings known.  (I'd also
appreciate criticism and/or feedback on the letter).


Bruce Chizen
President & CEO
Adobe Corporation
345 Park Avenue
San Jose, California 95110-2704

Dear Mr. Chizen:

You got him in, now get him out.

As you are no doubt aware, Dimitry Sklyarov and his employer, Elcomsoft,
were indicted Tuesday, August 28, under the Digital Millennium Copyright
Act (DMCA).  This is a black-letter day in the US:  corporate motives
are quashing free speech rights, and intellectual freedom.

The actions against Sklyarov and Elcomsoft were initiated at the request
of Adobe.  I am aware that Adobe has proven itself a purveyor of cheap
talk by issuing a joint press release with the EFF, in which Adobe
states is no longer supports the persecution of Sklyarov.  A statement,
I might add, which is not even visible on the Adobe website Press page.
As one of the protesters outside Adobe's headquarters, I'm happy to have
been part of the effort that gained this meager reward.  I'm sorry, but
having pulled the trigger, saying you didn't mean it and walking away
simply isn't enough.

Adobe Corporation is directly responsible for getting Dimitry Sklyarov
and Elcomsoft into this mess.  In my eyes and those of freedom loving
Americans and citizens of the world, you are not absolved of your
complicity in this act until you take direct, and effective, actions to
provide for his and his company's defense, and secure acquittal of both
Sklyarov and Elcomsoft on all charges.  

Moreover, Adobe must work to rectify the excesses of the DMCA, in
particular sections 1201(a), which prohibits any act of technical
circumvention, regardless of the individuals rights under copyright;
and 1201(b), which broadly prohibits trade and even speech in a whole
class of areas.  This on the grounds that it might harm a market which
has utterly failed to materialize, according to Tuesday's New York Times
(David D. Kirkpatrick, "Forecasts of an E-Book Era Were, It Seems,
Premature", The New York Times, August 28, 2001).  

It's an act of supreme arrogance that pits the economic benefits of
40,000 eBook readers against the constitutional rights of 285 million
Americans, or, as it appears Adobe believes it can apply this fascistic
law without regard to international borders, the  six billion
inhabitants of this planet.

Even more disturbing:  the conditions of 1201(a) and (b), aside from
their unconstitutional aspects, go far beyond satisfying the
requirements of the 1998 WIPO treaty on which the DMCA is based.  This
fact is endorsed by discussions among other WIPO signatory nations which
have yet to enact their own DMCA legislation, and who are looking to the
US experience as a cautionary tale.  It is not necessary to trample on
the rights of billions in order to establish copyright protections of
media in digital form.

The best current legislative bet against DMCA excesses is a bill
introduced by Congressman Rick Boucher (D-VA).  Adobe must support these
much needed reforms.

As I said:  you got him into this, now get him out.


Karsten M. Self

Free Dimitry!!
Boycott Adobe!!
Repeal the DMCA!!


Karsten M. Self <kmself at ix.netcom.com>          http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?             There is no K5 cabal
  http://gestalt-system.sourceforge.net/               http://www.kuro5hin.org
   Free Dmitry! Boycott Adobe! Repeal the DMCA!    http://www.freesklyarov.org
Geek for Hire                        http://kmself.home.netcom.com/resume.html
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