[free-sklyarov] RE: FJIA etc

[Will Janoschka]

  On Mon, 5 Nov 2001 22:32:24 Lung, Mon Yin mylung at ku.edu wrote:

> 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. ...........

Uh!  I believe they are both a matter of fact as there is no case law on the 
criminal portions of the DMCA.  A jury, by reason of the need for agreement,
is far more qualified than a trial judge to determine if an untested "law"
is illegal for whatever reason.  Please show the circumstances under which a 
jury's unanimous decision to acquit, in a criminal trial, may be challenged.
                             -will-
"Erwin," said Frau Schroedinger, "What did you do to the cat; it looks half dead."