[free-sklyarov] RE: free-sklyarov digest, Vol 1 #266 - 5 msgs

Lung, Mon Yin mylung at ku.edu
Mon Nov 5 20:32:24 PST 2001 

First of all, my apology for posting this message so late.  I am a law
student who has chosen DMCA and Mr. Sklyarov's case as my research topic,
hence my being on this list.  

I can't suppress my urge to comment on FIJA:  I skipped through their
website, and noticed that this organization is promoting something that is
no longer within the current legal practice.  I don't want to comment on the
merit of their idea and opinion.  I only want to point out that what they
promote is not what generally accepted by the U.S. Court system.  Under the
current system, a jury is the finder of fact, but only a judge can decide on
the matter of law.  Whether Mr. Sklyarov violate DMCA is a matter of fact,
whether DMCA is unconstitutional is a matter of law.  FIJA's discussion and
"advices" are based on its ideology and not the system Mr. Sklyarov has to
deal with.  I am afraid that employing FIJA's theory and approach would not
get Mr. Sklyarov out of jail.  Short of revolution one cannot fight the
system from outside.  We are living with the current system.  Any potential
juror with an agenda would be screened out by attorneys of either side.  I
would rather make no move but trust my fellow citizens.  

I personally consider DMCA illogical and an infringement on the statutory
right of fair use (to say the least).  If we want to free Mr. Sklyarov may
be we do not want to waste our resources on other issues, particularly not
on some ideology that has no bearing on the principal case.

Respectfully,
M.Y. Lung

-----Original Message-----
From: free-sklyarov-request at zork.net
[mailto:free-sklyarov-request at zork.net]
Sent: Sunday, October 28, 2001 6:31 AM
To: free-sklyarov at zork.net
Subject: free-sklyarov digest, Vol 1 #266 - 5 msgs


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Today's Topics:

   1. FIJA - fully informed juries (Martin Baker)
   2. Re: FIJA - fully informed juries (Christopher R. Maden)
   3. Hollings Schedules SSSCA Hearings October 25 (Ilya V. Vasilyev)
   4. Re: Re: [DMCA_discuss] Hollings Schedules   SSSCA
       Hearings October 25 (Sonia =?iso-8859-1?Q?Ara=F1a?=)

--__--__--

Message: 1
Date: Sun, 28 Oct 2001 00:26:44 -0700 (PDT)
From: Martin Baker <martinb at kemokid.com>
To: free-sklyarov at zork.net
Subject: [free-sklyarov] FIJA - fully informed juries

I recently ran across this organization, FIJA, the Fully Informed Jury
Association:

http://www.fija.org/

See especially the Jurors' Handbook: A Citizens Guide to Jury Duty:

http://www.fija.org/juror-handbook.htm

They strive to educate Americans about their right when on a jury - their
duty even - to consider the law as well as the facts of a case. I think
this may have some bearing on the Sklyarov case, and any criminal
prosecution of the DMCA, since one part of the defense may be that the law
itself is unconstitutional or unjust. I would be an extremely happy camper
to see Dmitry go free because a jury declared that the DMCA is
unconstitutional. Two birds, one stone. Plus twelve more empowered and
politicized people.

We might want to distribute some of this material ourselves, especially at
the courthouse before jury selection (assuming the case goes that far),
invite FIJA representatives to speak at informational meetings, what have
you. I submit this as food for your thought.

Peace,
Martin



--__--__--

Message: 2
Date: Sun, 28 Oct 2001 00:28:28 -0700
To: free-sklyarov at zork.net
From: "Christopher R. Maden" <crism at maden.org>
Subject: Re: [free-sklyarov] FIJA - fully informed juries


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At 00:26 28-10-2001, Martin Baker wrote:
>We might want to distribute some of this material ourselves, especially at
>the courthouse before jury selection (assuming the case goes that far),
>invite FIJA representatives to speak at informational meetings, what have
>you. I submit this as food for your thought.

I'd love to see this - I'm a big FIJA fan - but many judges are opposed to 
FIJA and will have you arrested for jury tampering.  So I'd be prepared to 
help with this, but anyone involved needs to understand that it may be an 
act of civil disobedience with the corresponding risks of arrest and 
imprisonment.

- -crism
- -- 
Libertarian candidate, California State Assembly, District 13
Free Sklyarov: <URL: http://www.freesklyarov.org/ >
Freelance text nerd: <URL: http://www.maden.org/ >
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--__--__--

Message: 3
From: "Ilya V. Vasilyev" <ath at limm.mgimo.ru>
To: "Kenneth Burger" <krburger at burger-family.org>,
	<free-sklyarov at zork.net>
Subject: [free-sklyarov] Hollings Schedules SSSCA Hearings October 25
Date: Sun, 28 Oct 2001 10:39:51 +0300

Hi, Kenneth Burger!

> Oh, I swear, if this goes through I am leaving the US for another country.

And why not to make revolution in US? ;-)  It is quite easy, and technology
is
well-known.  We, Russians, already made one in our country in 1917,
and teach the whole world a lesson or two.

> This is totally unacceptable and gives sweeping power to large businesses
> and the federal government.  Something which the constitution was designed
> to prevent.

If politicians, business & government goes crazy, they definitely must be
taught.

    Good Luck!
 Arvi the Hacker
(AtH//UgF at hMoscow)



--__--__--

Message: 4
Date: Sun, 28 Oct 2001 01:11:55 -0800
To: "Christopher R. Maden" <crism at maden.org>, free-sklyarov at zork.net
From: Sonia =?iso-8859-1?Q?Ara=F1a?=  <spider at sneakybastard.com>
Subject: Re: [free-sklyarov] Re: [DMCA_discuss] Hollings Schedules   SSSCA
 Hearings October 25

>At 10:48 19-10-2001, Tom wrote:
>>On Fri, Oct 19, 2001 at 08:37:01AM -0700, tom poe wrote:
>> > > I propose a three month boycott of all Disney products, 
>>beginning the day
>> > > of the hearing (Oct 25th) and lasting until January 25th. This 
>>should hurt
>> > > them significantly (if enough people are involved) since they 
>>will miss out
>> > > on all Christmas sales etc.
>
>Good luck.  The Southern Baptists have been boycotting Disney for 
>years over their same-sex partner benefits and general friendliness 
>towards queers.  There are a lot more of them than there are angry 
>nerds, and Disney hasn't even flinched.

They haven't flinched because gay people and their supporters greatly 
outnumber the Southern Baptists. Also because a good lot of their 
work force would disappear if they started taking the Baptist view of 
homosexuality.

If our boycott was big enough (ie, get a lot more than angry geeks to 
participate) they'd notice. But I don't know that we could educate 
that many people in so short a time. It took how many years for 
homosexuality to be moved from a crime and a mental illness to a 
political cause worth defending?

Sonia




--__--__--

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