[free-sklyarov] New stuff up on EFF

[Alex Katalov]

Dear Ryan,

>> Obviously the best case
>> for us is for the DMCA to be declared unconstitutional.  Then Dmitry
>> goes home, everyone chilled gets unchilled, and the SSSCA probably
>> goes away too.  However, even a judgement that Felten's conduct
>> doesn't violate the DMCA would severely limit the government and the
>> copyright industry's ability to use it as a club.  _Their_ best case
>> is to never actually have _any_ case go to a higher court, so they can
>> use the mere threat of prosecution to keep people in line without ever
>> having to actually defend their actions.

RW> Someone explain to me (and yes, I understand that you are not a
RW> lawyer, whoever gives me an answer here that I can grasp) why this
RW> can't be done.

Lets imagine:

1) We (ElcomSoft) make some commercial software which use Prof.
Felten's algoritms

2) We sign some contract with Felten, that he donates this algoritm to
us for any use for free (i.e. he personally will have not any
commercial relations with Elcomsoft at all).

3) Inside the software (according to the Russian's copyright law)
we'll write:  "(c)Edward Felten, Elcomsoft".

4) Then we put this software for sale from our website.

5) Then Prof. Felten will go to some conference in the USA to have a
speach about _his_algoritm_, but uses our software for demonstration.

What DoJ will do in this case?

-- 
Best regards,
 Alex                            mailto:akatalov at elcomsoft.com