[free-sklyarov] The real criminals

[Bob La Quey]

Dmitry Sklyarov stands arrested by the United States FBI as a presumed criminal. 
His name becomes well known, his wife must explain to his children why their 
father is in a jail in the USA accused of being a criminal. Meanwhile his accusers 
fade into the peace of relative obscurity. 

There is no need for this. As Kafka said, "Evil always has an address".

Basis of Charges 
5. On June 26, 2001, I met with representatives of Adobe Systems, Incorporated (Adobe), located in San Jose, California. Kevin Nathanson, Group Products Manager, eBooks, Adobe, told me the following:
a. Adobe produces computer software, including a software product named Adobe eBook Reader.
b. eBook Reader works as follows: after users upload the program onto their personal computer systems, the users can contact a Internet Web based electronic bookseller such as Amazon.com or Barnes and Noble.com and purchase a book titles in an electronic format known as an eBook. As a result of a series of seamless transactions taking place between the electronic bookseller, an Adobe Server, and the customer's computer, users may only open and view the encrypted eBook on the specific computer that the user utilized to engage in the transaction. Because the process is taking place outside the view or control of the user, the user never sees the verification/decryption process taking place between the eBook file and the Adobe eBook Reader. Nevertheless, because the book sold in encrypted form and only accessible through the eBook Reader and is not duplicatable, the copyright holder's interest in the book is protected.
c. Adobe is being victimized by a Russian company named Elcomsoft. Elcomsoft is distributing a key over the Internet in the form of a software program that illegally unlocks copyright protections on the e-Book files. This unlocking key is available for purchase on the Internet at http://www.elcomsoft.com/aebpr.html. The commercial name given by Elcomsoft to this unlocking key program is Advanced eBook Processor (AEBPR

[snip]

19. On July 5, 2001, I spoke via telephone with Tom Diaz, Senior Engineering Manager for the eBook Development Group of Adobe. In response to my question, Diaz affirmed that he believes the Elcomsoft Software program, coupled with the Elcomsoft unlocking key, circumvents protection afforded by a technological measure developed by Adobe for its Acrobat eBook Reader either by avoiding, bypassing, removing, deactiviating, or otherwise impairing the technological measure.

One is left to wonder who, what, when and where within Adobe Systems, Inc did this 
criminal complaint originate? Did John Warnock know that this was planned? Or was
their entire board unaware? Perhaps the General Counsel, and Corporate Secretary
of Adobe, Colleen M. Pouliot who holds a J.D. from the University of California, 
Davis School of Law and graduated summa cum laude with a B.S. in economics from 
the University of Santa Clara, would care to enlighten us. Suurely these individuals 
must be proud of there actions and desire the wider public to know of their righteous
works. 

I suggest that everyone who can possibly find the time read the original criminal 
complaint, which was initiated by Adobe. See

http://www.eff.org/IP/DMCA/US_v_Sklyarov/20010707_complaint.html

and

Criminal Complaint,
U.S. v. Sklyarov (July 7, 2001)
[9 pages; misspellings in original.] 
Source: http://www.usaondca.com/press/assets/applets/2001_07_17_sklyarov.pdf 

Then form your own opinion as to who the real incompetents are. 

And ask yourself, "Who are the real criminals in this affair?". 

Finally I would suggest this. Until such time as the DMCA is repealed
we may need a non profit prosecutorial organization to bring charges 
against the criminal executives which abound in this arena. Defense is
a good thing, the EFF is fine albeit timid, but oftimes the best defense 
is a good offense. I see no logical reason why a well formed complaint 
should not be equally served on a major executive of a US corporation 
that is in violation of the DMCA as it is on a defenseless programmer. 

What is sauce for the goose is sauce for the gander.  

Onward,


Bob La Quey