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

[Karsten M. Self]

on Wed, Sep 26, 2001 at 02:38:29PM -0400, mickey (mickeym at mindspring.com) wrote:
> 
> Below is the text of a letter that I received from my state senator...
> 
> 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's authority in 17 USC 1201 derives from the Commerce clause,
not the copyright clause.  1201 is not copyright legislation, despite
its inclusion under the Copoyright title.

> "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.  

Exclusive rights are subject to 16 exemptions under copyright law,
including, specifically, fair use (17 USC 106). 

> Congress has passed legislation such as the Digital Millennium
> Copyright Act (DMCA) to enforce copyrights in the new digital era.

Sieg heil Disney!

> Mr. Skylarov has been released on bail and could face a prison term up
> to five years.  

Twenty-five years as I've heard it stated.

Peace.

-- 
Karsten M. Self <kmself at ix.netcom.com>        http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?              Home of the brave
  http://gestalt-system.sourceforge.net/                    Land of the free
   Free Dmitry! Boycott Adobe! Repeal the DMCA!  http://www.freesklyarov.org
Geek for Hire                      http://kmself.home.netcom.com/resume.html
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