[free-sklyarov] What did he do IN THE US that was 'wrong'?

[Peter]

RE: [free-sklyarov] What did he do IN THE US that was 'wrong'?I agree with
you. Changing the DMCA will be a long process and should be our longterm
goal. Changing the DMCA to get Dmitry free is not a real solution. We only
can try to tell the DoJ that Dmitry (or what he has done) doesn't fit in the
DMCA.
Peter

Free Dmitry Sklyarov
Stop the DMCA
----------------------------------------
http://www.freesklyarov.org
http://www.boycottadobe.org

  -----Original Message-----
  From: free-sklyarov-admin at zork.net [mailto:free-sklyarov-admin at zork.net]On
Behalf Of Chris Savage
  Sent: Thursday, July 26, 2001 9:44 AM
  To: 'Michael Scottaline'; Peter; Eric Tully; free-sklyarov at zork.net
  Subject: RE: [free-sklyarov] What did he do IN THE US that was 'wrong'?


  IMHO an interesting way this might play out for the prosecution might be
for them to state repeatedly and with great conviction what a wonderful law
the DMCA is and that if someone actually did what they *THOUGHT* Dmitry had
done, based on Adobe's initial statements, boy would that be grounds for
prosecution.  But upon further investigation they concluded that it was not
at all clear that Dmitry had actually done all the relevant acts.  So in the
interests of justice they are releasing him and dropping the complaint.  "Go
forth and sin no more," in effect.

  For this to work, the EFF folk would need to persuade the prosecutors not
that the DMCA is a bad law (prosecutors prosecute under "bad" laws all the
time), nor that a foreigner can't violate it if there are adequate effects
in the US.  All they need to persuade the prosecutors is that Dmitry is not
a good test case for the law, as a purely legal proposition and from the
prosecutors' own point of view.

  The fact that the above is probably actually correct will not necessarily
help, but it shouldn't hurt.

  Note that the above allows everyone to save face, which is important in
matters of diplomacy, which, in effect, this is.

  It may be that it is reasonable to hope that a privacy/freedom/libertarian
orientation among some members of/consultants to the new administration will
lead to a general policy of non-aggressive enforcement of the worst
provisions of the DMCA, except in cases of clear commercial exploitation.
Working to that end is actually easier, ISTM, if the particular situation
involving Dmitry can be put into the past.

  Getting the DMCA itself changed legislatively will be a long-term
proposition, and should not be linked in any immediate sense to dealing with
Dmitry's problem.

  Just my $0.02,

  Chris S.




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