[free-sklyarov] Max Cleland (GA) response to Sklyarov case

[mickey]

The only thing that I see significant is that the letter acknowldges that the
case is "groundbreaking." The part about "allows an inventor or creator to
temporarily exclude others from the use of their  information without
compensation" was intriguing, in that it shows the basic misunderstanding of
the issue in the case. AEBPR is only useful *after* an author has been
compensated for the copy, and the law is predicting that the customer will
always allow someone else to use the information without compensation.

mickeym

Michael Scottaline wrote:

> On Wed, 26 Sep 2001 14:38:29 -0400
> mickey <mickeym at mindspring.com> cleverly noted:
>
> >
> > Below is the text of a letter that I received from my state senator...
> ===========
> Actually, he's a US Senator not a state senator, which I suppose makes
> matters even more troubling.  Did you learn anything about the case from
> this letter??  Do you think he even understands anything about the case,
> much less the issues at stake??  This could have been taken from a weekly
> news magazine's summary of the case.  Actually read more like a HS
> student's current events essay. <sigh>
> Mike
>
> >
> > mickeym
> > ============================================================
> >
> >     Thank you for contacting me regarding the arrest of Russian
> > programmer
> > Dmitry Skylarov and his employer Elcom Ltd.  I appreciate hearing from
> > you on
> > this matter.
> >
> >     As you know, the patent and copyright system is established by
> > Article I,
> > Section 8, Clause 8 of the United States Constitution: "Congress Shall
> > Have the
> > Power . . . To promote the Progress of Science and useful Arts, by
> > securing for
> > limited Times to Authors and Inventors the exclusive Right to their
> > respective
> > Writings and Discoveries . . . "  This clause allows an inventor or
> > creator to
> > temporarily exclude others from the use of their information without
> > compensation, and it places information associated with an invention in
> > the
> > public domain.  Congress has passed legislation such as the Digital
> > Millennium
> > Copyright Act (DMCA) to enforce copyrights in the new digital era.
> >
> >     Mr. Skylarov and Elcom were both indicted by a Federal grand jury on
> > August
> > 28, 2001.  The defendants were each indicted on one count of conspiracy
> > to
> > traffic in technology primarily designed to circumvent, and marketed for
> > use in
> > circumventing, technology that protects a right of a copyright owner,
> > two counts
> > of trafficking in technology primarily designed to circumvent technology
> > that
> > protects a right of a copyright owner and two counts of trafficking in
> > technology marketed for use in circumventing technology that protects a
> > right of
> > a copyright owner.  According to the Department of Justice (DOJ) these
> > are the
> > first indictments under the DMCA.  The act requires the government to
> > prove
> > beyond a reasonable doubt that a defendant offered to the public,
> > provided or
> > trafficked in technology that was primarily designed to circumvent
> > copyright
> > protections, or was marketed for use in circumventing copyright
> > protections.
> > The statute provides penalties when the copyright violations are
> > perpetrated for
> > commercial advantage or private financial gain.  In addition, certain
> > exceptions
> > exist to the DMCA for non profit libraries, archives and educational
> > institutions.
> >
> >     In this case the indictment alleges that Mr. Skylarov wrote a
> > program, the
> > Advanced eBook Processor (AEBPR), for the primary purpose of removing
> > any and
> > all limitations on an ebook purchaser's ability to copy, distribute,
> > print, have
> > the text read audibly by the computer or any other limitation imposed by
> > the
> > publisher or distributor of the ebook.  Secondly, the indictment alleges
> > that
> > Elcom made the program available for sale over a web site hosted in
> > Chicago, by
> > which individuals could download a copy of the program.
> >
> >     The Adobe eBook Reader program is sold by a publisher or distributor
> > to
> > individuals who wish to read an ebook on their computer.  The publisher
> > or
> > distributor of the ebook can limit a purchaser's ability to copy,
> > distribute,
> > print or have the text read audibly by the computer.  This program
> > enables
> > copyright holders to manage the distribution of an ebook by purchasers.
> >
> >     Mr. Skylarov has been released on bail and could face a prison term
> > up to
> > five years.  Please be assured that I will continue to monitor this
> > groundbreaking trial and will certainly consider changes to the DMCA if
> > it does
> > not work effectively or as intended.  Again, thank you for contacting
> > me.  It
> > was good to hear from you.
> >
> >                         Most respectfully,
> >
> >
> >
> >                         Max Cleland
> >                         United States Senator
> >
> ===================
> --
> "He may look like an idiot and talk like an idiot but don't let that
> fool you....., he really is an idiot."
>
> -Groucho Marx
>
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