[free-sklyarov] ElcomSoft verdict: Not guilty

[Danny O'Brien]

On Wed, Dec 18, 2002 at 04:30:35AM +0900, chandler wrote:
> Yes, this is an odd business. The judgement seems to be just woolliness
> (I suppose that's Legal Mind for you)
> 
> 
> [snip]
> > U.S. Assistant
> > Attorney Scott Frewing charged that company representatives knew all
> > along that they were violating the DMCA by designing and offering the
> > software to the public. 
> 
> Interesting thought: the programmers and management in a Russian company
> in Russia are assumed to spend their time thinking about US law.
> Whatever the US government might think, I don't believe any other
> government has ever acknowledged this supposed pan-galactic jurisdiction
> for one particular country. Or is it assumed that in the same way,
> American programmers spend lots of their time boning up on Egyptian,
> Venezuelan, and Japanese law?
> 

Well, to be fair, most countries assume this kind of omnipotence, at
least theoretically, if they deem part of the "crime" to occur within
their jurisdiction. So, for instance, I can sue you for libel in the UK
if I'm you're seen to be defaming me in Britain - no matter where I
published my comment, or where you live. It's not just a US thing.

> 
> > ... turned on ElcomSoft's state of mind during the period it was offering
> > the software. 
> 
> I should think anyone who is thinking constantly about all the laws of
> the hundred whateveritis countries that belong to the United Nations
> would have a pretty complicated state of mind, actually.
> 

Don't worry, they're streamlining this. The Hague Convention on
Jurisdiction and Foreign Judgements, in particular, is an ongoing
process to make all country's laws applicable everywhere. Oh yes, be
very afraid.

http://www.cptech.org/ecom/jurisdiction/whatyoushouldknow.html

d.

> Brian Chandler
> ----------------
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