[free-sklyarov] Legal Question

[Jeanne A. E. DeVoto]

At 1:13 PM -0700 7/20/2001, Andrew Lawrence wrote:
>rather than civil. MPAA vs Ramierez was a case of first impression where the
>constitutionality of the law is under appeal and uncertain.  Even after an
>appeal court ruling, this will probably go to the US Supreme Court.
>
>Is it not possible to use the fact that this process may take years, probably
>staying the prosecuting of Mr Sklyarov, to obtain bail or release for him.
>
>It appears to me, as a layman from another country, that holding someone,
>especially a foreign citizen, in jail for years, so that they could possibly
>be prosecuted goes against all principles of freedom and due process.

It doesn't work that way, fortunately or unfortunately. Since the offending
provisions of the DMCA have not (yet) been declared unconstitutional, they
still apply, and people can be prosecuted under them as though there were
no appeals on other cases in the system. Normally, someone targeted for
prosecution will be prosecuted as usual, then (if convicted) may appeal,
etc. - the timeline is the same whether there are other appeals pending or
not. In other words, one doesn't have to wait for the process of another
case to be completed before trial and other legal procedures can start.

Only if these provisions of the DMCA are declared unconstitutional by a
court which has jurisdiction meanwhile would it make a difference.

--
jeanne a. e. devoto ~ jaed at jaedworks.com
http://www.jaedworks.com