[free-sklyarov] Reasons why the United States should free Dimitry

[Andrew Lawrence]

Reasons why the United States should free Dimitry
-------------------------------------

1) The is absolutely no proof Dimitry did anything wrong, anywhere.  Yes, his 
name was on a copyright notice, but that does not mean he participated in any 
illegal transaction.

2) This is selective prosecution.  Dimitry was accompanied by the president 
of his employer, an FBI supplier. The officers of the company are responsible 
for the acts of the company.  Why was the president not charged?  Why was the 
accomplice in the transaction, RegNow not charged? They are an American 
company complicit in the same act of trafficing.

3) Dimitry is a being used by a large American company to put pressure on 
others who might harm their business. Why wasn't he arrested as soon as he 
arrived in Las Vegas, why wait until after Defcon.  Where the PTB afraid of 
the anger of 5,000 or so angry "hackers".

4) There has been no crime (arguement used unsucessfully by 2600). According 
to an Adobe communication 27/05/2001 there are no reports of comprised eBook 
files "in the wild".  Then again the same day Adobe annouced a new eBook 
Virtually Library protect by their technology.

5) There has been no crime (alternate arguement).  Unlike DVD's, there are 
eBooks in the public domain. (see Adobe web site for a complete list of 
titles). This makes ABEPR a tool to access "unprotected" works.

6) National interest.  US is getting a black eye.  Many people outside the US 
are very angry.  We may start telling our American suppliers to go home and 
give our money to a country is less onerous. I don't know where my next 
vacation will be, but will NOT be in the US. Attend a computer conference in 
the US.? I'm not that stupid... I do security work from time to time too.

7) Domestic peace. Dimitry Sklyarov is getting a lot of press.  
Demonstrations keep happing. This story is not going to go away quietly.

8) Save face.  "After a full investigation of the facts in this case, the 
Justice Department has detemined that there is insufficient evidence 
available in the US to justify continuing on the matter and that the 
probability of a sucessfull prosecution is very low".

9) Save face.  If the Justice Department proceeds and the Second Circuit 
Court of Appeal rules the law is unconstitutional half way through the 
proceedings, after all these protests and all the publicity, somebody is 
going to have a lot of questions to anwer.

10) Save face. If a judge tosses the case out on a summary motion to dismiss, 
after tall these protests and all the publicity, somebody is going to have 
some very embarrassing questions to answer.

11) Stay in office. This arrest has created a ground swell against the DMCA.  
The DMCA is getting bad press.  This will make the MPAA, RIAA and others 
upset.  That will make the politicians upset.  That will threaten the jobs of 
senior civil servants.

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I am sure that the EFF has though all these thoughts, but if others want to 
brainstorm a few ideas on why the Justice Dept should let Dimitry go, not why 
he's innocent but rather why it's a really good idea to give a ticket and 
sent him home gracefully, it won't do any harm....  And if we give the EFF 
one extra arguement to take to the bargaining table it could make a 
difference.


-- 
Andrew Lawrence         <ausage at smoke-and-mirrors.net>
Smoke & Mirrors         http://www.smoke-and-mirrors.net
134A Leslie Street, Toronto, Ont CANADA M4M 3C7
Tel: +1 416 461 8708	Fax: +1 416 461 1758