[free-sklyarov] Sample letters?
Seth David Schoen
schoen at loyalty.org
Fri Sep 7 11:25:01 PDT 2001
I've been a bit slow on getting sample letters out to help people who
are gathering tomorrow to write their own letters.
I do plan to work on some samples today, but it would be good to
collect some from other people.
Once again, I understand that the letter-writing is to be directed at:
(1) Members of Congress, asking them to condemn Dmitry Sklyarov's arrest
and to help reform the DMCA. (One suggestion for WIPO treaty
implementation, advocated by ACM, EFF, and the DFC: make it illegal
to circumvent TPMs _in order to infringe a copyright_, much in the
way that it may be illegal to use a weapon _in order to commit a
crime_. This is distinct from making it illegal to circumvent TPMs
_for any purpose_. In addition, "circumvention tools" should not
be illegal in themselves; knowingly providing circumvention tools
to help someone infringe a copyright is already "aiding and
abetting".)
(2) Interim U.S. Attorney David Shapiro. (One suggestion is to
mention that foreign scientists are now afraid to visit the U.S.,
and respected researchers have been censoring themselves.)
(3) Publishers which are members of the Association of American
Publishers. (I'll try to find their addresses today. One
suggestion is to write to your own favorite publisher, and
explain how the DMCA is undermining the freedom of the press, which,
as publishers know very well, is extremely important to them in
the long term. Perhaps some publishers have not yet realized
that the DMCA creates serious problems for the freedom of speech
and of the press, that -- according to some observers of Judge
Kaplan's opinion -- it's been used to create a _whole new
carve-out_ from first amendment protections. When publishers
recognize the long term risk to the first amendment at stake,
they may realize that the AAP's position is short-sighted.)
I would tell publishers that we appreciate their valiant efforts
in the past to defend the first amendment, and that the AAP's
statement -- praising the arrest of a programmer, arrested for
what he wrote, while in the country to speak at a conference! --
seems like a disturbing aberration in that tradition. That's
certainly the way it feels to me; remember that the AAP (and other
trade groups representing copyright industries) were co-plaintiffs
in the case which overturned the Communications Decency Act.
Sexually explicit speech, violent speech, descriptions of how to
build bombs: publishers know to stand up for the right to publish
these. We've got to explain that the right to write programs is
at least as important as any of these.
For those of you who are enthusiasts of pre-DMCA copyright law, it
might be good to mention that in your letters to publishers. I
don't know how involved it's necessary to get; for example, I'd be
tempted to launch into a "software DRM is snake oil -- if you
believed in 'copy-proof on-line publishing', you've been sold a
bridge, and one that's hurting the first amendment" discussion.
But I think that would be more involved than necessary.
--
Seth David Schoen <schoen at loyalty.org> | Its really terrible when FBI arrested
Temp. http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull
down: http://www.loyalty.org/ (CAF) | mission -- to share his knowledge with
http://www.freesklyarov.org/ | american nation. (Ilya V. Vasilyev)
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