[free-sklyarov] Congress says: Keep Dmitry in jail! Washington loves DMCA...
Mark K. Bilbo
mkbilbo at cdcla.com
Wed Jul 25 09:06:07 PDT 2001
That DOES it. I am SO sick and tired of being made into a "criminal." I'd
like to see these marketing frat boy types run the digital infrastructure
WITHOUT us.
We need to organize. Seriously. Before they turn IT into a sweat shop, slave
industry or some damn thing. I would just love to see us organized to the
point we could have a "Internet down day." Turn the thing OFF and then tell
the marketing droids and excutwits "hey, you want it, you make the funny
boxes go."
Mark (steaming)
----- Original Message -----
From: "Declan McCullagh" <declan at well.com>
To: <free-sklyarov at zork.net>
Sent: Wednesday, July 25, 2001 7:31 AM
Subject: [free-sklyarov] Congress says: Keep Dmitry in jail! Washington
loves DMCA...
>
>
> ----- Forwarded message from Declan McCullagh <declan at well.com> -----
>
> From: Declan McCullagh <declan at well.com>
> To: politech at politechbot.com
> Date: Wed, 25 Jul 2001 10:24:10 -0400
> X-URL: Politech is at http://www.politechbot.com/
>
>
>
> http://www.wired.com/news/politics/0,1283,45522,00.html
>
> Congress No Haven for Hackers
> By Declan McCullagh (declan at wired.com)
>
> 2:00 a.m. July 25, 2001 PDT
>
> WASHINGTON -- Even as the world's geeks march against the Digital
> Millennium Copyright Act, key legislators and lobbyists are dismissing
> concerns about the controversial law as hyperbole.
>
> The law that led to the arrest of Russian programmer Dmitry Sklyarov
> last week and an immediate outcry among programmers continues to enjoy
> remarkably broad support on Capitol Hill. No bill has yet been
> introduced in Congress to amend the DMCA for one simple reason:
> Official Washington loves the law precisely as much as hackers and
> programmers despise it.
>
> "The law is performing the way we hoped," said Rep. Howard Coble
> (R-North Carolina), chairman of the House Judiciary subcommittee on
> intellectual property.
>
> The FBI arrested Sklyarov last week in Las Vegas for allegedly
> "trafficking" in software that circumvents the copy protection
> techniques that Adobe uses in its e-book format. Under the DMCA,
> selling such software is a federal felony punishable by up to five
> years in prison and a fine of $500,000.
>
> "As far as I know there have been very few complaints from
> intellectual property holders," Coble, the chief sponsor of the DMCA,
> said in an interview Tuesday. "I am also encouraged by the Department
> of Justice's actions in this matter to enforce the law."
>
> When Congress approved the DMCA in October 1998 after about a year's
> worth of little-noticed debate and negotiations, it was hardly a
> controversial bill. The Senate agreed to it unanimously, and a
> unanimous House approved it by voice vote, then bypassed a procedural
> step that would have delayed the DMCA's enactment.
>
> Since the House procedure says attempts to rewrite copyright law must
> start in Coble's subcommittee, the odds of a DMCA rewrite in Congress'
> lower chamber seem remote.
>
> Coble's counterpart in the Senate, California Democrat Dianne
> Feinstein, feels the same way.
>
> "We need to protect copyrights and this law was designed to do that,"
> said Howard Gantman, a spokesman for Feinstein, who chairs the Senate
> Judiciary subcommittee on technology. "She's not looking to change
> it."
>
> [...]
>
> But in the world of Washington politics, geektivists are woefully
> outnumbered by the natives who populate and influence confirmation
> hearings: Corporate, nonprofit and trade association lobbyists.
>
> "We believe that a careful effort was made by Congress to balance the
> rights of intellectual property owners and the rights of intellectual
> property consumers," says Allan Adler, vice president at the
> Association of American Publishers, which applauded Sklyarov's arrest
> last week.
>
> [...]
>
> The Free-Dmitry movement argues that programmers should not be
> prosecuted for creating software that can circumvent copyright
> protection -- since such tools have many legitimate uses, such as
> reading an e-book on another computer, as well.
>
> But DMCA aficionados say there are precedents for broad prohibitions
> on selling devices that can have both legitimate and illegitimate
> uses.
>
> Current federal law makes it a felony to own, distribute or advertise
> for sale bugging or wiretapping devices that are "primary useful for
> the purpose of surreptitious interception of wire, oral or electronic
> communications." That applies even to parents who might want to
> monitor what their young children are doing, or to other commonplace
> uses.
>
> You're also not allowed to possess hardware or software such as cell
> phone cloning devices that let you "obtain telecommunications service
> without authorization" -- even if your motives are pure.
>
> [...]
>
>
>
>
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