[free-sklyarov] Defense....

Bryan Dumm bryan at bcpub.com
Thu Jul 19 22:28:54 PDT 2001


Howdy,

Just curious on the possible defenses for sklyarov?

In a url mentioned earlier(cleaned my mail :( ), there
was a page that had screenshots of the program. They also
started to make the argument that Elcomsoft is the real 
copyright holder, and that sklyarov is not. This was shown
with sklyarov being credited in one version and then the 
next version did not have the sklyarov credit. Also the about
box did not have a credit to him, and this was all done before
the conference. I don't know if it was done before the FBI investigated.

Is this a possible defense? 

What about with his public interview saying something along the 
lines of 

"DS: It's not illegal in Russia, and I am working in Russia. I am not a
company chief, I am just a programmer. I work for my company and I do
that work that I am...that I am asked for. And uh when I develop this
program I were in Russia and under Russian law and American law can't
be applied to me anyway. And after that company where I am working
decided to distribute the program, but I am not a distributor, I am
just a programmer. So ... so the distribution is not my care ["is not
my responsibility" -AF]. So..."

Opinions? Wouldn't the recipient of the money also be a possible
defense? ie company receives money not sklyarov? This is the only
leverage the FBI had right, the money exchange? ie it gave them 
jurisdiction? Or what about if he did make it, which is not illegal
in Russia, but Elcomsoft made the money?

Bryan





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