[free-sklyarov] Re: URGENT: factioning...

[Branden Robinson]

On Sat, Jul 21, 2001 at 01:37:34AM -0400, Jay Sulzberger wrote:
> Please forgive the directness of my statements.
> 
> This is a simple tactical error.  So simple and so well understood by so
> many, that I ask:
> 
> Why does the EFF persist in the error?

Probably because until and unless Dmitry agrees to let EFF (or its agents)
represent him legally, EFF has no special standing in this matter.  EFF
needs to present itself as being in a position to offer something.
Asserting some kind of degree of control -- or at least influence -- over
the protests, which Adobe doesn't want to see, is probably the only card EFF
has to play at this point.

I don't disagree necessarily with the EFF playing it this way -- having
half a leg to stand on is better than none -- but in my letter to Mr.
McCandlish I was trying to convey my opinion as a paid member of EFF that
they should be as aggressive as possible in these negotiations, since EFF's
position can only grow stronger in the future if they *are* retained by Mr.
Sklyarov.

Having won an agreement to sit down at the bargaining table, EFF has
nothing to lose, so they might as well try to nail Adobe's balls to the
wall.

As Dmitry is as yet unrepresented (as far as I have heard), to have someone
at the conference table this early in the going is a good thing.

Consider the following scenarios:
1) Adobe calls of the negotiations because there are protestors outside
   + EFF can rightfully howl and bitch about this, and very effectively
     milk it in the press.  You don't have to understand the DMCA to
     understand the freedom of the people peacably to assemble on public
     property outside the Adobe offices, and if Adobe bails because of that
     they're going to look very bad ("We will brook no criticism
     whatsoever").
2) Adobe meets with EFF, smiles, nods, and doesn't do a damn thing.
   + EFF can milk this in the press too.  The members of the mailing list
     can holler to all available news forums about Adobe's cynical attempt to
     manipulate the protestors, and if EFF does end up in meetings with
     Adobe again -- which will only happen when they are in a positon of
     greater strength than now, they can use Adobe's previous negotiations in
     bad faith as a weapon against them.
3) Adobe makes some token gesture which doesn't actually do anything to
   benefit Dmitry.
   + The most likely scenario and the most difficult to defend against.
     But that's all right, inevitably we're going to have to protest the
     federal government to get Dmity freed.  If the protests go forward
     anyway, Adobe still gets their black eye and other U.S. companies get
     a message.
4) Adobe withdraws its complaint and calls for Dmitry's release and vows
   non-cooperation with the FBI, making the case more difficult to
   prosecute (remember, discovery hasn't taken place yet, and Adobe has the
   resources to resist with some effectiveness, and the DoJ has
   lower-hanging fruit to pick).
   + The most unlikely scenario, and as much of a victory as could possibly
     be expected from Adbobe, aside from a denunciation of the DMCA itself,
     so unlikely that I really don't see any point in speculating on it.

-- 
G. Branden Robinson                |      "To be is to do"   -- Plato
Debian GNU/Linux                   |      "To do is to be"   -- Aristotle
branden at deadbeast.net              |      "Do be do be do"   -- Sinatra
http://www.deadbeast.net/~branden/ |
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