Sklyarov Indicted 810
Nutcase was the first to write with news from the AP that "Dmitry Sklyarov, 27 and ElComSoft Co. Ltd. of Moscow were charged with five counts of copyright violations for writing a program that lets users of Adobe Systems' eBook Reader get around copyright protections imposed by electronic-book publishers." Here's a link to the AP story at the Washington Post. Here is the story at Salon as well. Update: 08/29 01:57 AM GMT by T : Here's the EFF's release on the indictment, too -- including information about where to go if you'd like to demonstrate your reaction publicly.
Too bad... (Score:3, Insightful)
Re: (Score:2)
Re:Too bad... (Score:2)
By your logic, just about everything on the face of the earth should be banned. VCRs, for example -- they have legal uses, but what about all the people who are using them for piracy? Just ask the Supreme Court what they decided in the Betamax case.
Elcomsoft!? (Score:2, Interesting)
Re:Elcomsoft!? (Score:2, Insightful)
[/sarcasm]
Sorry, I needed to get that off my chest. IANAL, but I dont think they can, legally. They can only nab everybody involved eith Elcomsoft as they pass through the US (and that includes international flights). Skylarov had the misfortune to be the first.
Re:Elcomsoft!? (Score:2)
Re:Elcomsoft!? (Score:2)
Treaties [eff.org].
From Merriam-Webster [m-w.com]:
a contract in writing between two or more political authorities (as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state.
these are felonies in usa (Score:2, Insightful)
We should be hanging everyone who is guilty of these things.
Moral of the story is... (Score:2)
...Don't host in the states. Rackspace Europe? Verio AsiaPacific?
Dave
Not exactly (Score:2)
Whether or not we agree with the laws, there is a big difference between the two morals.
Re:Not exactly (Score:2, Insightful)
Laws CAN be wrong. It's happened before (segregation, voting rights, prohibition, etc) and it'll happen again. We sit by idly at our own peril.
5 counts? (Score:2)
Has the court posted the pdfs of today's proceedings anywhere?
Re:5 counts? (Score:2, Interesting)
That's right, friends. Apparently they think they can send you to prison for five years for EACH COPY of infringing software that you sell (plus one for "conspiracy"). It doesn't take long to build up a life sentence that way...
where's my checkbook? (Score:2)
It's time to make anothe donation to the EFF [eff.org].
Seriously, each and every one of us should make a small donation to the EFF so we can fight this miscarriage of justice. We don't have to put up with bad laws! Just because Congress has been bought and paid for by the members of the MPAA, the RIAA, and the BSA doesn't mean we have to bend over and take it.
This DMCA crap has got to be stopped.
Besides, the EFF raid hats are really cool.
Re:where's my checkbook? (Score:2)
Re:where's my checkbook? (Score:3, Insightful)
Lewinsky scandal. DMCA isn't the only shady thing that got through during that period.
The lesson here is that the media is easily distracted, and the Bad Guys know how to use it.
I wonder what kinds of things have been happening in Washington over the summer while the spotlight has been focused on Condit, giving the other cockroaches a convenient cloak of darkness. I guess we'll find out next year.
Re:where's my checkbook? (Score:5, Funny)
Well, how about:
Every one of these includes a line like "first prosecution under the Digital Millenium Copyright Act". So I guess the mainstream media is noticing the case and they're even using the name of the "said act".
Those are just the ones I pulled off the page [ubidubium.net] I'm keeping following the case. It's hardly an exhaustive list, either.
My point is, all this bellyaching -- "No one is paying attention" -- is simply not true. It's just an excuse to sit on one's behind and do nothing, because "the System" is allegedly ignoring the issue and "the people" allegedly don't care.
Fact is, people do care. Copyright law is arcane and obscure, so perhaps it's understandable that there aren't mass protests in the streets. Yet. But the allegation that the mainstream media is completely ignoring this is hooey.
and where is this in the traditional media? (Score:2)
That's where I want to see these news, and until then I will not be satisfied.
Re:and where is this in the traditional media? (Score:2)
This is a damn shame. (Score:5, Insightful)
He broke no law (Score:3, Informative)
Trafficking in the reader, is a crime in the US, and the effects are felt in the US (until the govt. firewalls us like China). However, it was Elcomsoft (codefendants) who were doing this, and not Sklyarov.
What Sklyarov is guilty of is the long-abhorred practice of being $NATIONALITY in vicinity of $CRIME. He's going to get nailed to the wall.
No surprise here... (Score:2, Interesting)
Now, it's important to realize that the corporations behind the DMCA want to use it as a terror weapon. How else can you prevent people from creating and trafficking in copyright circumvention devices (software or otherwise)? A law which nobody behaves is a useless law. But a terror weapon isn't effective if people don't believe you'll use it.
If the prosecution were to drop this case, it would make it clear that the DMCA is a law that the government isn't willing to enforce (after all, if they're not going to enforce it against a foreign national, what chance is there that they'll enforce it against a U.S. citizen?).
So they'll take this case as far as the defense is willing to go, hoping that the defense runs out of resources or time before this gets to the Supreme Court.
And trust me, the government will put a lot of money and resources into this case. They want to get and keep a conviction as long as possible, because that's what the government's masters (the corporations) want. so expect to see this case drag on for years, if not decades.
indicted? big deal... (Score:2)
- A.P.
Freedom for Dmitry! (Score:2)
The "freedom" we love to chatter about is not merely an abstraction, an interesting conversation at a summer BBQ, a fly in the ointment of our libertarian campaigns. Freedom is real. Dmitry's children can't see their father. He's been branded a criminal. This is wrong, wrong, wrong.
Give Dmitry freedom! Give him freedom in a country founded on the principle of freedom!
If Dmitry is not freed, I propose that everyone with the capability of shutting down an email server do so upon his conviction.
Re:Freedom for Dmitry! (Score:2)
But even in the USofA, we must suffer diatribes about the merits of 'abstract, difficult to understand, unfriendly to business' concepts like 'freedom'. Bah. Freedom is Freedom. Damn to hell anyone who wants to take mine away.
Re:Freedom for Dmitry! (Score:2)
Amazingly, astonishingly, this is not true. It is one of the wonders of human history, and perhaps more than a little accidental, but the United States (in theory) recognizes the freedoms of humanity regardless of nationality. The courts have consistently ruled that immigrants, illegal aliens, foreign nationals, etc., are all entitled to all the Constitutional guarantees that citizens are. If these things are true, they are true for everyone.
We can argue, of course, about how well the US lives up to that high standard, but it is the standard.
Re:Freedom for Dmitry! (Score:2)
He is not being charged for TALKING but for trying to sell his program in US.
What's the difference?
Isn't this such a sad sight? (Score:5, Insightful)
I know that ElComSoft Co. Ltd made mistakes when they started selling a program designed to defeat a specific type of encryption. I feel that this is wrong. Unfortunately, arresting a programer for giving a speech about how he broke the encryption is hogwash as well. (did I really say hogwash...)
This country (the USA) was founded upon ideals that one man can speak his mind, and express himself in whatever way that he chooses, as so long as it doesn't detriment others. (thus, yelling "fire" in a theater is wrong) I see no reason why showing an encryption to be faulty and how to circumvent it AS A ACADEMIC STUDY wrong. As I said before, I think that the company was at fault, but can the "oh so mighty" hand of the US touch a company in Russia? Nope, we can't, at least legally anyway. So the goverment uses a poorly worded law to push the corporate views on American people. What will be next? Will I be arrested because I point out a security hole in Microsoft's hotmail site? No, but if I start selling a product that will allow it's user's to read other's email, I can and I should be arrested. I don't believe that Sklyarov ownes this company, he is just a programmer.
This person has been arrested for violation of the DMCA. I don't believe in the DMCA, and unfortunately, I cannot make my congressman or senator understand why. (The breaking of encryption is over their heads, and copyrights and patents lasting forever is very vague to them as well.) They are too pressured my lobbyists throwing bags of money at them to listen to something that would blackball them in the lobbyists eyes. So what happens? More rights are taken away from all Americans, and 85% or more of Americans don't know of don't care.
It is a sad state.
Ben Franklin ( I think ) said that "the price of freedom is eternal vigilance." But Americans have become to apathetic to even care about there government, much less the actions that the government has been taking. And because of this more and more skewed laws have worked there way in the the US Code. Sadly, today, they could arrest almost anyone with the inordinate amount of laws on the books. They chose here and now to arrest Mr. Sklyarov. I hope that he wins, and I hope that the court system invalidates this very askew law. It would help put more freedom back into the individuals hand, and away from the greedy corporate entity.
Re:Isn't this such a sad sight? (Score:2)
I don't think I've ever seen a more grammatically challenged sentence containing the word "academic."
In general, though, I agree with what you're saying. We're allowed to give speeches about how to make nuclear weapons in our garage, how to pick locks, how to have sex with dogs and just about anything else, but a man who gives a speech about a mathematical algorithm goes to jail.
You're prepared to give in too much (Score:2)
Why should you be arrested even then? It's good that you can see how wrong it is for Skylarov to be indicted for a speech, but you've still let the government brainwash you a bit.
You should be arrested if you break in to a computer with malice of forethought and read other people's email. You should not be arrested if you: talk about how to break in, create a tool to break in, distribute a tool capable of breaking in. All of those things are protected by free speech, whether the government currently realizes it or not.
Re:Isn't this such a sad sight? (Score:2)
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is the natural manure."
- Thomas Jefferson
Might Dmitry be one of those patriots? Just food for thought.
Moron (Score:2)
What revolution - the 'normal' people (you know the sheep who pay taxes, vote, use MS products, actually buy copyright movies and books etc) would rise up and skull fuck you so fast your eyes would spin.
Whos scared of an overweight big talking pasty faced turd anyway - geez i bet the US military are quaking in their boots.
THE GOVT HAVVE SPOKEN - LIKE MITNICKE ETC FROM NOW ON IF YOU BREAK THE LAW THEY WILL STICK A LARGE BAT UP YOUR ASS - YOU HAVE BEEN WARNED BY THIS AND OTHER CASES AND IF YOU IGNORE IT YOU DO SO AT YOUR PERIL
Re:Moron (Score:2)
and what i meant to say was that
Continued - it means we need to find a way to worm within the law NOT try and break it
We can not win at that - but we can force the government to adapt or think a little different - they cant be fought on their own turf, you can mailbomb them and hack them and attack their morals but they will win - they have the majority of the population.
I dont agree that this guy deserves the effort BUT if he does then he needs help in court NOT in the hal hearted attack ways
BREAK THE SYSTEM BY MAKING IT WORK FOR YOU
not to "get around copyright protections" (Score:5, Insightful)
Re:not to "get around copyright protections" (Score:2)
Well, lurking on slashdot, there are a few of us who believe the battleground is the language employed. But we learn that the typical slashdot thread is not hospitable to arguments based on nuance and subtlety... that's why we can have a hundred messages arguing whether "piracy is evil or a right", but not one decrying the arrogation of the word "piracy" to apply to a markedly non-violent crime (copyright infringement).
Yield the language and you yield the war... but it doesn't seem to make much headway here.
Have you ever been to these protests? They're sad (Score:2)
Has anyone here ever been to one of these protests? I attended an EFF protest of the DMCA in Pittsburgh a few weeks ago. It was scheduled for noon, but I was busy then, so I showed up around 2:30 pm. Nobody was there. No sign of a protest, no signs, nada. Later a friend of mine who was there said they left around 2, because they were tired. That's perhaps the sorriest excuse for a protest I've ever heard. I'm sure they left a lasting impression on society.
Re:Have you ever been to these protests? They're s (Score:2)
Re:Have you ever been to these protests? They're s (Score:2)
I was with a group of about 6 people; shame NOBODY was around to provide signs, etc, when we showed up.
My song for dmitry (Score:3, Funny)
Young man,
there's no need to feel down
Because your plane
back home can't get off the ground
I said young man,
Get comfy in your new town
There's no need to be unhappy.
Young man,
There's no place you can go
I said young man,
Until you cough up some dough
You will stay here
until you've served all your time
For your insignificant crime.
It's fun to stay in the U S of A,
Because of that old grand D M C A
For cracking DVD's,
Or an e-book or three,
You'll get jailed for eterniteeeee...
It's fun to stay in the U S of A
Because of that old grand D M C A
For proving to the world
That our encryption's a toy
You'll get jailed with all the boyyyyyyys...
Elcomsoft should be paying for his legal fees (Score:2)
If he did it solely and entirely to make a financial gain, then sure I can see this case having a point. But without that, it's entirely pointless.
But luckily, if this case goes to a jury (which I believe that with penalties like that it must go to a jury) they will never convict. There is no way that any group of 12 people could unanimously send a father to prison for 5 years because he wrote a program for his employer that, really, does jack all. How many e-books are there? What does this program really affect ??? This guy has done practically nothing. It's like arresting me for dropping a piece of paper out of my pocket and sticking me in prison for 5 years for "defacing public property" or something stupid like that. This is overkill to the nth degree.
Sorry, but this just gets me all wound up again.
Mind you, it was no surprise that they indicted. There was no way that they were not going to indict, but lets hope to God that this insanity stops before it gets to court, and that if it does get that far that they won't convict. Maybe then I'll still believe that the USA has at least a shred of hope...
Of course the Grand Jury indicted... (Score:2)
It's an old saying around courthouses that a Prosecutor can get a Grand Jury to indict a ham sandwich.
The trial won't be so one-sided, one hopes.
Re:Elcomsoft should be paying for his legal fees (Score:2)
It was Skylarov under their employ writing the program. So you're telling me that if I write a program for my company that violates some stupid law in some other country, I cannot ever hope to go to that country under fear of prosecution?
Sklyarov (note the spelling), not Elcomsoft, was the copyright holder for the program. Therefore he was not merely working for Elcomsoft. In fact, Elcomsoft was working for him (as a distributor). In reality the distinction may be minor, but legally it may turn out to be a key issue in the case.
ElComSoft yes, but Skylov? (Score:3, Insightful)
I have never seen anything to date that said Sklyarov himself was involved with the Ebook decoder project. Just being with a company that did illegal things is not illegal in itself; otherwise we would arrest all their janitors and secretaries.
Even if he did work on the Ebook project, he could claim that he did not knowingly do anything wrong since (1) it was not illegal work in Russia and (2) it work done solely for a Russian company. While claiming ignorance of the law is no excuse, I don't see how a jury could convict him directly given these facts.
That being said, shouldn't the United States be going after the company's officers (CEO, etc.), and not Sklyarov?
Re:ElComSoft yes, but Skylov? (Score:2)
Which makes me wonder, if I were a pornographer from say, Amsterdam, and I used 16 year old models in my work (legal), and I sold distribution rights for one of my copywritten works to a 3rd party who then tried to resell the work in the US (illegal), would they be content to lock up the seller and throw away the key, or would they feel the need to go after me as well?
Are copyright holders now obliged to monitor any party that they sell rights to and somehow revoke rights if that party violates some law somewhere?
Does this mean that I can purchase the rights to do a public screening of "Dirty Dancing" and then show it in Afganistan and some representative of the movie studio would be extradited to Kabul and tried by the Taliban?
It's madness.
Its all about Adobe (Score:2)
Second, Adobe chose to invoke the DMCA demon, tipped law enforment to the speech, and is part of this big propaganda/scare tactic. They chose NOT to go the way of a civil lawsuit. They wanted this gestapo crap and since they've gotten what they wanted they just bowed out and left everyone bitching about the evil DMCA and not the coporations that bought it and use it.
Where's the big adobe boycott? The DMCA can be overturned at any moment, but business tactics like these will stick around if they think they can get away with it and right now they are getting away with it.
Re:Its all about Adobe (Score:3, Insightful)
Which points out the real "crime" in this scenario. The "crime" wasn't theft; it was pointing out that Adobe's crapware doesn't prevent theft. And since Adobe's crapware doesn't prevent theft (as advertised), they can't sell it. And since they can't sell it, they take a hit on their bottom line. And since they take a hit on their bottom line, their share prices aren't what they could be.
And that is the one unforgivable sin in the U$A.
Not suprising (Score:2, Interesting)
Maybe I'm alone here... (Score:2)
Re:Maybe I'm alone here... (Score:2)
This is illegal? (Score:2)
The indictment alleges that the programmer and the company conspired for "commercial advantage and private financial gain."
So this is now a crime? When will we see Microsoft hauled in on this charge then? Or Adobe? Or any for-profit entity for that matter?
By the way, the original subject of this post was "This is illegal?!!", but I had to change it because of the "postersubj compression filter". Note to CmdrTaco et al: Your dumbass lameness filters are broken. They don't stop trolls and ASCII art, and they annoy legitimate posters. Either fix them or get rid of them. Or at least put a meaningful error message in there. "Postersubj compression filter" doesn't yield much of a clue as to what's wrong unless one wants to slog through the morass of Slashcode to find out what triggered the message. And I don't.
Sigh (Score:2)
At any rate, I'm considering initiating a personal/cororate boycott of Adobe products, including PDF. I've fought long and hard to replace word documention with PDF (word isn't suited for technical docs anyway). Is there a good replacement for PDF? PostScript? Before anyone shouts something wierd like TeX or DVI; be serious, that may work in a lab or research group, but not for coporate america.
Re:Sigh (Score:2)
Re:Sigh (Score:2)
Dude, PDF is Postscript. Try opening a PDF in ghostview. It works fine.
Re:Sigh - of course it is Adobe's fault (Score:2)
Adobe should at least accept responibility for their actions and pay Sklyarov's legal bills.
Yes, I said that. Adobe intended to slap his wrist and instead dropped him into the meat grinder. He is suffering more hardship than they intended. They are at the very least responsible for his legal bills and some sort of compensation for his detention in the US. (I assume Dmitry is not allowed to work to support his family while he in the US.)
Wow... this should piss Russia off (Score:3, Interesting)
Consider too that many of the best minds are not from America, and this sort of bullshit will easily dissuade them from ever touching on American soil.
The DCMA and disgustingly similar concepts are going to box the United States in, and slowly but utterly stagnate it.
Summary:
Prosecution for Speaking (thought police) =
Fewer bright citizens immigrating (or just plain aiding) for fear of prosecution =
Fewer innovations in the USA =
The eventual demise of an empire.
Quite the leap, but you know... I ain't the only one saying it.
Re:Wow... this should piss Russia off (Score:2)
I have a somewhat bleaker picture than
simply the "eventual demise of an empire".
The eroding of the constitutional framework
brings heavy responsibilites to the nation.
It saddens me to realize that we will probably
be fighting another civil war this century,
because of the activities of the entertainment industry.
At least the last civil war was brought about by
something closer to life -- agriculture. Fighting for the constitution over *entertainment* will be disgusting, but we are
required to do it.
Re:Wow... this should piss Russia off (Score:2)
>Can you say "Revolution Calling?"
But things have to get a lot worse. Evidently,
they need to get a whole hell of a lot worse before the constitional issues even get noticed.
It speaks volumes of the tolerance of Americans that the 20th century only produced ONE unabomber, and ONE Timothy McVeigh. How much more will we take? Can you think of a scenario
that would lead to military divisions separating and turning against the lawful authority? (This has happened twice in the nation's history, so I don't doubt it could happen again).
The existence of nuclear weapons throws a kink in the historical pattern that has never been tested, or even discussed openly, very much. But it is clear that the people in control of nuclear weapons would prefer to destroy civilization than to surrender their power.
I hope it doesn't come to that, but history and human nature say that it will, eventually.
Hopefully it will not be an aspect of the entertainment industry that sets off the revolution. That would be just plain silly.
Re:Wow... this should piss Russia off (Score:2)
Or how 'bout if America's best minds start emigrating?
I need only say "Goodwin's Law" to point out the historical precedent. It may sound like a stretch, until you consider academic researchers withdrawing conference papers over fear of persecution.
Re:Wow... this should piss Russia off (Score:2)
<ponder>
All right. So much for that. So where's the next gig?
Re:Wow... that's a reeeeaaaal stretch. (Score:2)
Really? My understanding is that he didn't sell or provide the software here. The company he works for did. The fact that he owns a part of that company has on place in this discussion. Ford stock holders own part of Ford, are they being sued in their own right?
No, the only way they could get him was with a real streach on the "long arm" provision of US code. That's the real stretch.
IANAL
Perfect Target (Score:5, Insightful)
First off, he isn't a US citizen. He is a visitor from a foreign country. This leaves him with fewer resources, fewer rights, and little understanding of the rights he does have.
IANAL, and I don't know exactly what rights an accused foreigner has in the USA, but I'm sure that the feds are less inclined to play by the rules they have to when dealing with a citizen.
Secondly, he isn't just any foreigner, he's Russian. If the general public is going to take notice of the DMCA, the feds want a good impression. Lots of people (sadly and surprisingly) still view the Russians as "the enemy" and will view Dmitry as an "evil communist." Thus they might see the DMCA as something that fights the evil commies.
This also might strike fear into citizens of other nations, and convey the message that no country is as powerful as the US, which will FIND a way to subject everyone world wide to its laws.
As a Citizen of the US, I am very angry about this. Dmitry should be freed and sent home immediately, and then the White House should send an apology to the Russians for this behavior.
I know that they'd demand the same for one of our citizens cought up in a BS situation like this in another country.
Re:Perfect Target (Score:2, Informative)
Please take a look at http://www.thedailycamera.com/news/worldnation/28
Well, power stems from the barrel of a gun, it is said. The United States are always very prone to show theirs. No matter who is/was president.
A beautiful thought at all. But unfortunately it won`t happen. Even admitting that they were just *a very little bit wrong* might draw reimbursement claims from Dmitry, Elcomsoft, Russia, probably all thinking forms of homo sapiens.
If this was an american sitting in a dark russian jail exposed to killers and the risk of catching tuberculosis, they'd already have an armed-to-the-death rescue squad standing by.
This is just purely insane. Wrong as the Berlin wall. And probably nothing you can do to avoid or eliminate it...
Where's the ACLU? (Score:5, Interesting)
I questioned early on whether the ACLU would risk their hollywood gravy train by coming out in support of Sklyarov. Several Slashdot posters indicated they would use the feedback page [aclu.org] to see why the ACLU was totally silent (try searching for "Sklyarov" -- absolutely nothing). Still nothing, though.
Those of you who are ACLU supporters should take careful note of this.
Re:Where's the ACLU? (Score:3, Insightful)
That's okay, they ignore the whole second amendment, too. They're slowly paring down the amount of the bill of rights to expend energy defending, apparently...
Re:Where's the ACLU? (Score:2)
Even though they're (much to my dismay) not taking any initiaitive on Dmitry's case, the ACLU is still doing a number of other wonderful things and still deserves your support. See their webpage for more info.
Re:Well yeah... (Score:2)
check this (Score:2)
Reminder: Fundraising Party (Score:2)
Here's the web page. [allseer.com]
please (Score:2, Insightful)
less talk, more action.
Welcome to Drug War II. (Score:5, Interesting)
You are seeing the creation of the new drug war. You can expect to see the following features of DW-I in instant replay
- criminalization of perfectly ethical behavior that powerful segments of society happen not to approve of,
- draconian penalties for these supposed crimes,
- justification of this nonsense on the basis of huge ass-pulled numbers purporting to show how much damage the "crime" is doing to the economy,
- legislators and public prosecutors fanning the fire to further their careers,
- courts that will set aside your traditional freedoms because the wankers in the FBI can't get their convictions in a free society,
- ultimately, absolutely no impact on the behavior that Drug War II was supposed to control, and
- a new eco-niche for genuine crime, created by the new legal system and exploited by punks who will ultimately be the next generation's Organized Crime (cf. prohibition, Drug War I).
Fear for your freedoms.Re:Welcome to Drug War II. (Score:2)
Not a bad analogy at all.
Re:Welcome to Drug War II. (Score:2)
"It's the information, Marty. It's who controls the information..."
Ideas and writings are going to become corporate property, and the copyrights will never expire.
The future is your face, with a fat lawyer stamping on it, endlessly.
Re:Welcome to Drug War II. (Score:2)
"You gonna pay Fadda Svetlander or you wanna dip in the Lutefisk vat?"
I find your idea here compelling. I guess it means dorks like me will be badass or something... cool!
Re:Welcome to Drug War II. (Score:2)
Welcome to my future.
Re:Welcome to Drug War II. (Score:2)
a members-only group of users, with all traffic running strongly encrypted, with the source obscured via a mechanism like crowds. it's viable, and it's becoming neccessary.
Re:shutup (Score:2)
> Then you're a fucking moron. If you are an American, you should be ashamed of yourself.
One might also ask what it means to "win" the War on Drugs. In practice, its supporters are "winning" so long as it is getting bigger, more expensive, and more draconian. If everyone in the USA quit using drugs tomorrow, thousands of careers would be ruined. Legislators would have to find some other drum to beat to scare voters into supporting them. Law enforcement agencies would have to find other drums to beat to scare the public into upping their funding and granting them more arbitrary powers.
And of course, if a politician took a stand against the drug war and looked like he had any chance of putting an end to it, the drug lords themselves would be quickest at the assassination attempt.
No, don't expect the drug war to be "won" anytime soon, no matter how many of your freedoms you give up. Willingly or otherwise.
Re:I don't care, criminal. (Score:3, Insightful)
I'm curious why you call me "criminal". Is it because I disagree with something the government is doing? Is it because I disagree with you?
It certainly isn't because I'm a drug user, because I'm not, and never have been, and wouldn't become one if they legalized it tomorrow.
However, the fact that I'm not a droogie doesn't mean I don't live in fear that the FBI will read my post on Slashdot, take Rob to court and make him give them my meatspace name, kick my door down, throw a baggie on my couch, and haul me off to prison for 30 years. I wouldn't stand the slightest chance of proving my innocence.
The Soviet Union had its gulags; the USA has its drug war.
Re:shutup (Score:3, Insightful)
Guess the best way to make any drug dangerous, prohibition. If you want something to be safe you don't hand over the entire production and distribution to criminals.
Isn't it to keep harmful substances from killing people?
If that were the case you'd think they'd be coming down hard on paracetamol...
Another story at news.com (Score:5, Informative)
Fair use is dead (Score:2, Insightful)
Well, it seems to be official. Fair use in the U.S. is dead. Look at what the indictment boils down to:
Note that the indictment clearly indicates that AEBPR is only useful to purchasers of ebooks in Adobe's format, so there can be no allegation of it being used for widespread piracy. Instead, Sklyarov's apparent crime is to allow people to actually use the ebooks they've bought and paid for. Of the items enumerated as being restrictable by the publisher or distributor, only distribution is forbidden by copyright law prior to the DMCA, and then only when the fair use exemptions don't apply. It seems rather overreaching to me that the DMCA criminalizes being able to do such ordinary actions with an ebook such as having the computer read it aloud or print it, let alone making copies for backup or use on another machine.
Note also that the indictment makes no mention of the AEBPR being used to violate copyright law. No evidence is offered that any of the handful of its purchasers used the program for any illegal purpose. The mere fact that it allows the purchaser full use of a bought ebook and the theoretical possibility of commiting an act (unpermitted distribution) which is already illegal under century old copyright law, is reason enough to send a man to jail for 25 years. Scary.
And publishers wonder in vain why ebooks aren't selling very well? Gee, if you don't let the purchaser do anything with them, making ebooks far more restricted and less useful than print books, and totally upset the balance between public and private interests enshrined in copyright law, you should expect this. Indeed, I'm frightened that ebooks have sold as well as they have. The freedoms and rights associated with reading seem to no longer apply in the digital world if the interests that bought the DMCA have their way.
Re:Fair use is dead - is it? (Score:2)
If so, it appears that the prosecutor is deliberatly casting the case in terms that will allow the defense to challenge and break the DMCA.
The law will stand until a judge declares it invalid. The first step in that process is for the prosecutor to charge someone with the law. Dmitry is being charged in a very favorable light. No emphasis about how the unprotected books could then be published illegally. Equal weight is given to the three legitimate uses. (copying, printing, and text to speech.)
Someone with a very fine sense of how that district works should read that indictment and see what is between the lines.
This is cool... (Score:2, Interesting)
Never have I seen such negative speaking of the DMCA from a "real" news source, even the Associated Press:
Is it just me, or is that the most neutral, almost pro-Sklyarov paragraph you've ever seen? It even continues:
Beautiful. Absolutely beautiful.
Dlugar
emailing protest? (Score:2, Interesting)
As it seems now, the protest has to be taken to higher ranks in the legal system.
Can anyone supply email adresses of the people involved? I mean lawyers, consulars, attorneys, judges, congresscritters, whatever?!
I think about the only way this could lead to a conviction is the sheer ignorance of a lot of the involved people (see Microsoft Antitrust case). Well, ignorance can actually be a form of violence. And there is only one cure for it, so who can i tell what is going on, what the real-life analogy is, and how i am feeling about this (even as a foreign citizen... i think, i hope actually that every voice counts!)
Indictment (Score:2)
What is wrong with these people? (Score:2)
I realize this is ranting, but please, where is the glimmer of intelligence in these people that tells them to give up now?
Some good may come of this. (Score:2)
Unless it causes harm it's hard to do, but the threat of harm may still cause damage.
But this way they can get it dealt with quickly.
Maybe this is the strategy... (Score:2)
If they drop all the charges, this looks too obviously like they were just Adobe's bitches, a private police force at the beck and call of big business ("arrest him? Ok. Don't arrest him.. Ok.")
If they do indict him mildly, they set up a situation where Dmitri's sentence might turn out to be enough of slap on the wrist that it's worth contesting on principle, and then this would surely become a test-case for the constitutionality of the entire law. Since they ARE bitches to big business, the government doesn't want this. If it's gonna be tested in court they'll want a more clear-cut case of some obviously evil megapirate somewhere, not a sympathetic programmer out to topple an unjust law.
So what did they do? They decided to throw the book at him, pile up enough charges that it becomes a very high-stakes game for Dmitri personally. Dmitri will be intimidated (and rightly so) into negociating his way out of it. He's got nothing to gain from being a test case in a bad American law...and everything to lose.
After the judge dismisses some charges along the way, Dmitri will likely plea-bargain his way down to probation or something and skip off to Russia shortly thereafter.
The Feds look like they're not pussies, the law remains unchallenged, Dmitri gets a slap on the wrist, and the MPAA/RIAA's message is preserved: "Don't fuck with us. We WILL fuck with you."
W
Department of Defense getting in on the fun? (Score:5, Interesting)
The short version: if you're a webmaster, and have pages on your site related to digital copyright issues - especially Sklyarov's case - check your logs for hits from the 198.25.0.0 - 198.26.255.255 netblock, which is controlled by NIPR (DoD Network Operations - a quick whois of 198.25.0.0@whois.arin.net will confirm this) containing a user agent of "Inktomi Search". A pair of machines at Kelly AFB in Texas with that user-agent have been the source of regular hits to my page on Sklyarov, about once a day. The hits are regular and targeted enough to convince me it's not a case of kiddiez spoofing, and I've had at least one report of very similar behaviour toward another site; targeted hits from a couple DoD boxen using a web spider. I'm doing some light investigation of the activity, and would be very interested in any logs documenting this type of behaviour.
If nothing else, I'd love to know why DoD machines are being used to search for copyright-related pages.
Side-note: some of the information I've gathered on NIPR implies that the group has constructed a firewall around the DoD workstations and servers; hence, any hits from NIPR.mil addresses may be the firewall/border routers and not the actual boxes performing the searches. However, at some point, DoD boxes are involved, and I'd like to know just what they're up to.
Re:Department of Defense getting in on the fun? (Score:3, Informative)
Do her hits contain an "Inktomi Search" user agent?
The thing that gets me about this is that it's not an individual visiting the same data, including robots.txt, every day. Unless some people have faked user-agent strings of "Inktomi Search", these aren't humans retrieving defcon.ppt every day. As well, the hits are only to robots.txt, adobe.html, and defcon.ppt! main.css isn't even being retrieved, which it would be if a real person were viewing it - in which case, that person wouldn't be looking at robots.txt or defcon.ppt.
See what I'm getting at? There's more than just an interested individual here. Maybe just a little more, but it's something enough to use (probably expensive, paid for with taxpayer dollars) searching and indexing software to keep tabs on sites about copyright and Sklyarov.
Heh, maybe I should stick in something like "Overthrow the US Government!" and see if I get a visit - a honeypot for law enforcement, as it were:)
Law Confusion (Score:3, Informative)
Someone may have mentioned this before, but after reading the charges in the indictment, and referencing the applicable law (Title 17, Section(b)(1)(A)), it appears that inumerable people are guilty of this crime.
"No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner..."
To me there are a coupe details that leap out at me here. First the use of the words component and part. Software design is filled with reused parts and components. Does this mean the author of Tree.h commited a crime when his component object was used in the decryption software?
Secondly, the phrase "effectively protects a right of a copyright owner" is unclear. If a person like Dmitri breaks an encryption scheme then that encryption scheme did not effectively protect the rights of the copy right owner.
Finally, Fair Use (Title 17 Section 107) allows for the copy of copyrighted works for specific purposes. Since the Exclusive Rights (Title 17, Section 106) are "subject to Subject to section(s) 107", I don't see how his software violates any right. Under Fair Use Copyright owners do not have the right to prevent their work from being copied.
Am I making some colossal error in my interpretation of these laws?
Indictment: PDF [usdoj.gov]
Copy Right Law: Cornel / US Code [cornell.edu]
Where's the outrage for the other crap going on? (Score:3, Insightful)
Good for you.
But where the hell were you guys for all the other crap going on in this country and all the rest? From the looks of things, you all act as if this were the first injustice ever perpetrated in history.
In California our prisons are overflowing with those who got arrested, indicted, convicted and sentenced for nothing more than ingesting chemical substances. Unwittingly violating the DMCA is just one of hundreds of nonviolent acts that can land you in jail. Why do we only care about one of them?
Let's free Sklyarov, but at the same time lets get all the other people convicted of nonviolent activities freed as well.
Re:Where's the outrage for the other crap going on (Score:3, Insightful)
You might be off doing art, but you'll probably continue geeking out your machines to those graphic ends regardless.
The "minions" you appear to refer to on
Acknowledge that and don't alienate those who'll rabidly be defending your interests while you're painting your ideas.
If you can help them, you should. If you're part geek/part artist, you shouldn't criticize those who are just geek. They might be helpful to you when you're more focused on your art.
Artists tend not be judgemental. I am one. I'm also a geek, but respect the diverse opinions this forum depicts and don't make judgements. I couldn't since I'm an artist.
Russians seem a bit quiet? (Score:5, Interesting)
Why isn't the reverse happening now? My girlfriends (who speaks Russian) tells me that the case is being covered in the Russian press, but its very much a 1/4 column on page 6 type of story. Perhaps Russia wants the big US corporations to invest in their country and doesn't want to upset them?
Anybody seen any comment from the Russian government?
Re:Boycott Adobe Now! (Score:2, Interesting)
Re: (Score:2)
Re:looking forward to the russian response... (Score:2)
Re:Guess we're in for the long haul (Score:2, Informative)
They added a few conspiracy charges against him. It's up to 25 years now. [zork.net]
Re:well (Score:2, Insightful)
Nearly all legal systems dating back to the Code of Justinian recognize the difference between malum prohibitum and malum in se. The former refers to conduct that is criminal by diktat; the latter refers to to conduct that is criminal by its very nature.
In other words, were Sklyarov murdering people or depriving people of property, there might be a better case for not treating him with any leniency, particularly where his case has significant constitutional implications.
Re:What a sick F*cking World in which we live. (Score:2)
you'll never get 5.56 mm NATO out to 800 yards with good accuracy. For that kind of range, you are far better off with a heavier round, like 7.62 mm. Very popular with the high power marksman crowd, using rifles like the M14. For the "evil black rifle" look, I'd suggest the HK G3.
To get back on topic... oh, the hell with the topic for today.
Re:The problem is not the DMCA... (Score:3, Insightful)
Also, he's not charged with the crime 'selling illegal software'.