[free-sklyarov] The "Petition" -- first specific thoughts on the focus...

noring at olagrande.net noring at olagrande.net
Fri Jul 20 08:52:30 PDT 2001


Will replied:

>Worded as you have it below,
>the online petition idea is great
>and EFF will definitely support it and
>publicize it once we get
>petition text that works for us
>and the community of activists here
>and elsewhere (which should not be difficult!).
>
>Anyone have the cycles to draft
>something?  Feel free to crib from
>the materials already on the EFF
>website.

The critical decision to make is the focus of this petition
(if that's what we want to call it -- it may be a "position
statement", or some such thing), and who, if any, it is
directed to (we may decide not to focus it on any one
organization or group -- thus for this it would not be a
petition per se but something a little different.)

I advise against focusing the statement against Adobe, nor
to focus it solely on the Sklyarov matter, since the real
underlying issue is the DMCA itself -- it should be an
anti-DMCA statement. Obviously some wording can be included
showing the undersigned are aghast by Adobe's and the Fed's
actions, so it need not be blind to current events. (It is
the current events that provides the eye-opening reasons
why the DMCA is evil -- before Sklyarov it was mostly
academic in most people's eyes -- now we have something
real and human -- something people can relate to.)

The reason for this is based on actual experience. Should
the petition be directed at Adobe, and Adobe happens to have
a change of heart, then the petition drive will immediately
wither, and the real culprit, the DMCA, will remain. Likewise
for Sklyarov -- if the charges are dropped and he is sent
back to Russia, a petition focused solely on freeing Sklyarov
will also falter, and the real culprit, the DMCA, will escape.
The real goal is overturning the DMCA (and the EU equivalent
which will take effect in a year or two), and if the DMCA is
overturned (which will take time, well beyond the life of the
anti-DMCA petition) then that is the real solution, the end
goal -- we simply use the Sklyarov matter as the real world
example to get people to sit up and listen.

Now, if we are to focus it on any particular matter, I would
focus it on Freeing Sklyarov. But without the focus truly
being on the evils of the DMCA, it will be a feel good thing,
but won't be worth the effort to execute -- it's then better
to focus our efforts in other directions. We want the DMCA
to be put on trial, not Sklyarov.

Jon Noring






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