[free-sklyarov] Breaking the Law?

[Bob Smart]

On Sunday 29 July 2001 11:59, you wrote:
> Klepht writes:

> There is a distinction between 1201(a) and 1201(b) such that 1201(a)
> proscribes both use and trafficking, and 1201(b) proscribes only
> trafficking.  (Did I remember correctly?  I don't have time to look it
> up because I have to go to the sign-making party in Berkeley.)

Looks like you remembered pretty well.  1201(a) says:

	No person shall circumvent a technological
	measure that effectively controls access to a
	work protected under this title.

1201(b) says:

	No person shall manufacture, import, offer to the
	public, provide, or otherwise traffic in any
	technology, product, service, device, or component
	or part thereof, that [does naughty things].

However, Adobe still probably isn't guilty just for possessing copies of the 
software--because they aren't "circumventing" their own access controls.

But wait, there's more.  Section 1204 says:

	Any person who violates section 1201 or
	1202 willfully and for purposes of commercial
	advantage or private financial gain 1) shall be
	fined not more than $500,000 or imprisoned for
	not more than 5 years, or both, FOR THE FIRST
	OFFENSE; and 2) shall be fined not more than
	$1,000,000 or imprisoned for not more than 10
	years, or both, for any subsequent offense [my
	emphasis added].

Let's see, I hear there were seven copies of the program in question 
purchased in the US...so how many "offenses" is that?

Boys 'n' girls, this has the potential to get a LOT worse before it gets any 
better.

-- 

What I wrote above is hereby dedicated to the public domain and may be freely 
used, in whole or in part, with or without attribution.