Fw: Re: [free-sklyarov] Adobe press release
Joe Barr
warthawg at ecpi.com
Mon Jul 23 19:02:01 PDT 2001
So, the Ayatollah Adobe has spoken, so it must be. Death to those who would read the word aloud!
On Mon, 23 Jul 2001 15:52:02 -0400
mickeym <mickeym at mindspring.com> wrote:
>
> Here's the text, the attached file has the html structure with images.
> mickeym
>
> ===============================================
>
> Adobe comments on government action under DMCA
> Adobe's goal in the Elcomsoft case is to help protect the copyrighted
> works of authors, artists, developers and publishers. Adobe reported
> this suspected eBook authors' copyright violation to the U.S.
> Attorney's office. Based on the information gathered in the
> investigation
> (see affidavit ), the U.S. Government chose to take legal action to
> stop
> the sale of the for-profit security cracking code, and unilaterally
> decided to arrest Dmitry Sklyarov.
>
> Elcomsoft found a security weakness and made no effort to
> communicate what it found to Adobe. Instead, the company distributed
> a software product for profit that can be used to compromise
> copyrighted works in the United States, violating U.S. law. Adobe
> took every measure likely to be successful to get Elcomsoft to cease
> and desist. Adobe's legal department sent letters to Elcomsoft, their
> ISP and their credit card clearing house used to offer these products
> for sale. Adobe forwarded the case to the U.S. Attorney's office only
> after Elcomsoft failed to respond and/or cease and desist. Our goal has
>
> been to stop the sale of the program in the U.S.
>
> Contrary to some reports, the issue is not that Adobe alerted the U.S.
> government about an expert exposing security weaknesses. In fact,
> Adobe encourages its customers and the software community,
> including White Hat security experts, to provide feedback on the
> performance of its software in order to make improvements. Adobe's
> concern is that a "digital lock pick" is being distributed to enable
> others
> to compromise the copyrighted works of authors, artists, developers
> and publishers, which is why Adobe alerted the U.S. Attorney's office.
>
> Corporate
>
> Q: How are your customers, the publishing community, responding to
> this?
> A: The Electronic Frontier Foundation considers themselves a leading
> civil liberties organization that works to protect right in the digital
> world.
> We are in constant communication with our customers who are also
> concerned about issues of privacy and protection of digital property.
> There is strong support from the publishing community, as evidenced
> by the statement from the American Association of Publishers. While
> the laws to enforce the protection of digital media are in their
> infancy,
> we believe they are based on the same principles as traditional
> media_protect the copyrights of authors, artists, developers and
> publishers while balancing the right to fair use.
>
> Q: What's going on with the Electronic Frontier Foundation (EFF)?
> A: We are engaged in discussions with the EFF to work together to
> address this situation. We believe a mutual frank discussion of how
> best to resolve the current issues will benefit Adobe and EFF.
>
> Q: As a result of this case, what is Adobe doing to strengthen the
> security of its products?
> A: Security is an ongoing effort at Adobe. The company is committed
> to strengthening the security of its products by using sophisticated,
> industry-standard levels of software encryption and working with the
> software community, including White Hat security experts, to
> incorporate features to advance the quality of the product.
>
> Legal questions
>
> Q: Elcomsoft claims that eBooks in Adobe PDF are insecure and that
> the encryption is weak, including ROT-13 which is notorious for its
> lack of security. Are those claims true?
> A: Adobe has never sold ROT-13 as a security product. Adobe
> incorporates sophisticated, industry-standard levels of software
> encryption to make our products difficult to compromise. However, no
> software is 100% secure from a determined, illegal attack. When used
> legally and in its intended fashion, the Acrobat eBook Reader secures
> eBooks purchased by locking the eBook to the hardware from which it
> was purchased. The Elcomsoft software circumvents the security
> afforded by our software to protect copyrighted works.
>
> Q: Elcomsoft claims that their software provided a service to Adobe
> and publishers by uncovering a security weakness. What is Adobe's
> position?
> A:. Contrary to some reports, the issue is not that Adobe alerted the
> U.S. government about an expert exposing security weaknesses. In
> fact, Adobe encourages its customers and the software community,
> including White Hat security experts, to provide feedback on the
> performance of its software in order to make improvements. Adobe's
> concern is that a "digital lock pick" is being distributed to enable
> others
> to compromise the copyrighted works of authors, artists, developers
> and publishers.
>
> Q: Elcomsoft claims that it developed the software in order to let
> users
> copy the eBooks they purchased onto multiple computers. Doesn't the
> Acrobat eBook Reader violate the Fair Use Act?
> A: Adobe engineered the Acrobat eBook Reader to exchange eBooks
> like printed books. The Acrobat eBook Reader does allow customers
> to move the eBooks they purchase between computers through its
> lending and giving features. If the publishers enable these features,
> the
> buyer of an eBook can loan or transfer to another Acrobat eBook
> Reader on the network. To the best of Adobe's knowledge, the
> Acrobat eBook Reader is the only product that allows for the lending
> and giving of eBooks. In addition, the Acrobat eBook Reader allows
> for eBook printing and copying. The text-to-speech (or the "Read
> Aloud" feature) runs on Windows 2000 and the Macintosh_two
> operating systems that provide the functionality. Lending, printing,
> copying, giving and text-to-speech are permissions enabled by the
> publisher. The Elcomsoft software product violates the permissions set
> by the publisher to protect the copyrighted works of artists, authors,
> and publishers making the copyrighted content available for unlimited
> duplication and distribution. Keep in mind, the eBook market is an
> emerging one. Adobe and several other technology companies and
> publishing houses are exploring ways to protect copyrights and allow
> for fair use.
>
> Q: What if I want to carry my eBook on a handheld device? What
> solution does Adobe provide?
> A: Today, the Acrobat eBook Reader is only available for Windows
> and Macintosh desktop and laptop computers. Adobe is working with
> standards organizations and device manufacturers on a digital rights
> management (DRM) scheme that allows for the transfer of copyrighted
> materials from desktops and laptops to handheld devices.
>
> Q: What if a user purchases a new computer? What happens to the
> eBooks they own?
> A: eBooks that were legitimately purchased with the Acrobat eBook
> Reader can be reactivated by calling Adobe technical support.
>
> Legal questions
>
> Q: What did Elcomsoft do?
> A: By developing a tool that circumvents our encryption software and
> then making and selling it in the U.S., the government believes that
> Elcomsoft violated U.S. copyright law (Digital Millennium Copyright
> Act) and the rights of authors, artists, developers and publishers.
>
> Q: When did Adobe become aware of the Elcomsoft violation?
> A: Our awareness of Elcomsoft was elevated in June when we learned
> that they developed a "digital lock pick" specifically targeted to
> decrypt
> our customers' copyrighted eBooks and it was marketed and sold
> online in the United States.
>
> Q: What is Adobe's goal in this action against Elcomsoft?
> A: Let's be clear that the U.S. Government is pursuing this case as a
> crime, acting independently of Adobe to enforce U.S. copyright law
> (the Digital Millennium Copyright Act). Adobe fully supports the U.S.
> Government's decision to investigate the potential violation of U.S.
> copyright laws by Elcomsoft and has cooperated with their
> investigations with their investigation. Adobe's goal is to help
> protect
> the copyrighted works of authors, artists, developers and publishers,
> and to stop the sale of this cracking software in the U.S.
>
> Q: Why was criminal verses civil action pursued?
> A: As with many parts of Asia, Russia is a nation where civil-based
> anti-piracy measures have little effect. Once Adobe had exhausted the
> few civil steps likely to have success, we forwarded the case to the
> U.S. authorities. The government is pursuing the case as a criminal
> violation.
>
> Q: Did Adobe instigate the U.S. Government's investigation of
> Elcomsoft?
> A: Adobe alerted the U.S. Attorney's office to investigate the
> activities
> of Elcomsoft regarding the possible illegal distribution of its
> "Advanced
> eBook Processor." Based on the information gathered in the
> investigation (see affidavit ), the U.S. Government chose to take legal
>
> action.
>
> Q: Why was Dmitry Sklyarov arrested after he presented at the
> DefCon-9 conference in Las Vegas? Isn't that a violation of free
> speech?
> A: Skylarov was not arrested for presenting a scholarly paper to a
> group of security experts. According to the press release issued by the
>
> FBI, Dmitry Sklyarov was arrested as the copyright holder of the
> "Advanced eBook Processor," a product distributed by his employer,
> Elcomsoft. He was arrested in connection to a charge of a "single count
>
> of trafficking in a product designed to circumvent copyright protection
>
> measures in violation of Title 17, United States Code, Section 12Ol(b)(
>
> l)(A). This is one of the first prosecutions in the United States under
> this
> statute, the Digital Millennium Copyright Act ("DMCA")."
>
> Q: Did Adobe order the arrest?
> A: Adobe did not order the arrest. That was the sole decision of the
> U.S. government. Adobe alerted the U.S. Attorney's office to
> investigate the activities of Elcomsoft regarding the possible illegal
> distribution of its "Advanced eBook Processor." Based on the
> information gathered in the investigation (see affidavit), the U.S.
> Government chose to take legal action.
>
> Q: Who says that the United States gets to impose its laws
> (specifically, the Digital Millenium Copyright Act) on individuals and
> businesses in other countries?
> A: Questions regarding the law and its enforcement in this case should
> be forwarded to the U.S. Attorney's office.
>
> Q: What will happen next?
> A: Any questions regarding this investigation should be forwarded to
> the U.S. Attorney's office.
> ===============================================
>
>
>
>
> "James S. Huggins (Free Sklyarov)" wrote:
>
> > > http://www.adobe.com/aboutadobe/pressroom/pressreleases/200107/dmca.html
> >
> > seems pulled
> >
> > did anyone save a copy?
> >
> > James S. Huggins
> >
> > _______________________________________________
> > free-sklyarov mailing list
> > free-sklyarov at zork.net
> > http://zork.net/mailman/listinfo/free-sklyarov
>
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# Boycott Adobe! Repeal the DMCA! Free Sklyarov! #
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# Boycott Adobe! Repeal the DMCA! Free Sklyarov! #
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