[free-sklyarov] Adobe Hackers: We're Immune

Christopher R. Maden crism at maden.org
Mon Mar 4 23:28:02 PST 2002


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At 23:17 4-03-2002, Tom Trelvik wrote:
>         Very interesting approach Elcomsoft is taking.  Is anybody aware 
> of any legal reasons why Mr. Frewing's views wouldn't also apply to the 
> US being subject to the laws of other nations regarding the 
> internet?  I'm sure China, a number of ultra-conservative Islamic 
> nations, and many others, I'm sure, would like to see a number of things 
> currently on the internet made unavailable.  If Mr. Frewing had his way, 
> what's to stop those countries from forcing the US government into 
> enforcing their laws for them?

This has already happened, as with the French case concerning Nazi 
memorabilia for sale on Yahoo!.

But this is a little different, IMO, and I'm a bit surprised at the 
tack.  The crime, or the most significant one, is trafficking.  And even 
accepting the Internet as a nationless entity, commercial transactions were 
brokered through a US financial institution for delivery of a product to a 
US address.  That's a little bit tough to argue as not happening in any 
particular nation.

To my mind, the DMCA is a very bad law.  It is almost certainly 
un-Constitutional.  And I never thought that Dmitry broke it, as an 
employee of the company that actually sold the tool.  However, it seems 
clear to this non-lawyer that Elcom did break the law, and trying to argue 
otherwise is going to be tricky at best.

~crism
- -- 
Libertarian candidate, California State Assembly, District 13
Legalize Love - Legalize Health - Legalize Work
Freelance text nerd: <URL: http://crism.maden.org/ >
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