[free-sklyarov] Re: Continuing the fight

[Seth Finkelstein]

On Sun, Dec 16, 2001 at 11:12:49PM -0800, Len Sassaman wrote:
> ... First of all, he has conceded nothing to the other side, other
> than his testimony of the facts -- testimony that would be identical
> to that given for the defense. ...

	This is a point I keep pondering. Is it really so? Another
good document to read is the *full* text of the agreement, at
http://www.usdoj.gov/usao/can/press/assets/applets/2001_12_13_sklyarov.pdf

	Note particularly, this provision (hand-typed, any typos mine):

 "8. I agree that if I fail to comply with any promises I have made in
  this Agreement, that the government will be released from its
  promises, but that my agreement that the facts described above in
  paragraph two (2) are true and any subsequent statements made by me
  pursuant to this Agreement may be used by the government against me in
  any proceeding, and I waive any and all claims under the United States
  Constitution, Rule 11(e)(6) of the Federal Rules of Criminal
  Procedure, Rule 410 of the Federal Rules of Evidence, or any other
  federal statute or rule, to suppress or restrict the use of my
  statements, or any leads derived from those statements."

	That seems fairly legally significant to concede. Again, it's
not explicitly I-am-guilty, but in context, overall, the agreement
seems to me much more than just facts everyone, even the defense,
would agree are true.

	To go back to the DMCA case strategy topic, it's a small
victory to have arguably induced a change in the way Adobe and the
government were using Dmitry. But I think the key aspect is that the
change was not without benefit for them too. That they did and will
get aid in putting together the DMCA legal case, which they otherwise
would not have had. That's the whole idea of a bargain, that each
sides gets something. Dmitry gets not to be crucified, and Adobe and
the government get his admissions and assistance (again, no personal
criticism at all, in any way, shape or form, intended here).

	But where I fear there's a mistake, is in viewing the outcome
here as either a hands-off-the-programmers victory, or that Adobe and
the government really didn't get anything at all.

-- 
Seth Finkelstein  Consulting Programmer  sethf at sethf.com  http://sethf.com
http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html  
BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php
BESS vs Google: http://sethf.com/anticensorware/bess/google.php