[free-sklyarov] RE: FJIA etc

Neon Samurai alex at 2600.COM
Tue Nov 6 09:28:18 PST 2001

	A jury is not qualified to rule on issue of law, only a judge is
the arbiter of issues of law; for instance, if the issue is whether or not
a particular statute is applicable in a certain situation, like the DMCA,
a judge makes that determination.  A jury can only find whether or not
Dmitry has violated the DMCA; and a jury properly instructed, I believe,
would find that Dmitry broke the law.  It's a very similar situation to
2600's in that Judge Kaplan ruled that simply by DeCSS existing, it
violated the DMCA.
	Whether or not the law is an equitable and just law is another
thing entirely, and that's an issue of law for the judges to decide,
most of the time appellate judges; and if so, it could be a long and
arduous haul for Dmitry.



On Tue, 6 Nov 2001, Will Janoschka wrote:

> Date: Tue, 6 Nov 01 09:32:37 CST
> From: Will Janoschka <wiljan at pobox.com>
> To: free-sklyarov at zork.net
> Subject: [free-sklyarov] RE: FJIA etc
>   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."
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