[free-sklyarov] Help Please

[Will Janoschka]

I need some help in writing to congress.  I think
that the only thing I can ask or beg for, that will 
help Dmitry, is the introduction of a resolution
that states that "Prosecution of Dmitry Sklyarov, 
a foreign national, under this law was not and is 
not the intent of Congress". 

For such a resolution to go anywhere I have to be able
to back it up and so the following.  I do not want to
sound like a lawyer, I am not.

I ask for your comments and criticism. -will-

Illegal DMCA
  US constitution article 1 sec 8 gives congress power
  to create "copyright" but not the power to censor.

  The DMCA chapter 12 censors authors like Dmitry.
  
  For my own understanding, when considering only
  writing ---- not music etc.

    A right: Those beliefs and behaviors granted by
      a supreme power or at least your neighbors.
      i.e. not granted by government or law. Law may
      protect or deny such rights but not create them.  

    A privilege: An advantage granted by law.

    An author: One who creates a "work".

    A work:  Something one can hold or at least point
      to.  i.e. more substantial than an idea or concept.

  Copyright then grants certain exclusive privilege
  to an author in regard to his work.  Copyright
  thus deny those rights in that same work to the public.
  The certain privileges are enumerated in 17 USC 106
  and limited by the next few sections. All other rights
  to that work are retained by the public.

  When you get to the DMCA, especially chapter 12,
  congress creates a distinction in authors.
  The "good" authors benefit publishers.
  The "bad" authors, like Dmitry and Prof. Felton
  do not benefit publishers only the public.

  Chapter 12 strips "bad" authors of their 
  privilege under copyright, even strips their
  "right" to publish.  If the "bad" author tries
  to exercise the privilege of publishing for
  profit that author is a criminal under chapter 12.

  I believe this is called censorship.  Censorship
  that benefits only one segment of the public or
  industry is, I believe, illegal not only under 
  amendment I, but also under amendments IX and X.