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Sklyarov Case Opens Today 318

weakethics writes "The trial is scheduled to start today in the case of Adobe/DMCA versus Skylarov/Elcomsoft/right-thinking-people everywhere. The SF Chron has a story about it. It quotes a former DOJ attorney about the impact of the DMCA "I don't think it's had the effect that a lot of people have argued it would have -- with a single criminal case in four years." Who obviously (purposefully?) misses the point: it's about intimidation rather than litigation."
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Sklyarov Case Opens Today

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  • by pheph ( 234655 ) on Monday December 02, 2002 @02:41PM (#4795179) Homepage
    "But in 1 1/2 years since the case started, Toren said he has heard of no other criminal cases invoking the law." ... The reason he hasn't heard about it is the same reason that many projects don't exist right now.
  • by Jacer ( 574383 ) on Monday December 02, 2002 @02:43PM (#4795199) Homepage
    these things obviously don't go hand in hand, or the trial would have already been over. Then again it may be a bit harder to try when the plantiff drops the charges, and the ill informed government picks them up... Or they could have been just trying to keep him behind bars until technology changes enough he's no longer a threat (mitnick) in anycase, the DMCA is the spawn of satan...
  • by TVmisGuided ( 151197 ) <alan...jump@@@gmail...com> on Monday December 02, 2002 @02:47PM (#4795226) Homepage

    The reason there haven't been any cases is because none of the small-time developers who have run afoul of the DMCA so far have had deep enough pockets to hire lawyers with enough intestinal fortitude to take it on and get it shot down. One good failure of the DMCA in case law would be all it takes, but (IMO) unless you've got the financial resources of Microsoft, Sun, Oracle et al you ain't gonna get the job done. So rather than fight the good (but expensive) fight, developers get that nasty letter which threatens to invoke DMCA and they knuckle under.


    'Nuff said.

  • One case, sure (Score:2, Insightful)

    by Henry V .009 ( 518000 ) on Monday December 02, 2002 @02:47PM (#4795228) Journal
    And how many threatening legal letters that got content pulled were there?
  • by Mitreya ( 579078 ) <[moc.liamg] [ta] [ayertim]> on Monday December 02, 2002 @02:48PM (#4795232)
    What can this case do? It seems to me that what Elcomsoft + Sklyarov did is clearly against DMCA. So unless DMCA is repealed, they will be found guilty of violating it, no?

    This is not deep-linking, they *did* break the copy protection. As wrong as DMCA might be, it is a law at the moment.

  • by Dunark ( 621237 ) on Monday December 02, 2002 @02:48PM (#4795234)
    Only one criminal case in four years, but how much intimidation? And how many websites, etc, taken down without anything resembling due process?
  • by kableh ( 155146 ) on Monday December 02, 2002 @02:48PM (#4795238) Homepage
    Whomever modded this troll is an idiot. pheph is spot on. The reason this is the only case that he has heard of is it is the only one the DoJ thought they had a snowball's chance in hell of winning. Any other case could possibly be used as precedent to challenge their darling little law.

    This makes me sick. This guy doesn't care if a blind person can read an ebook, he probably could afford to hire someone to read it to him!

    I truly pray justice prevails in this case. Though considering the current political and legal climate in the US, I don't have much hope...
  • criminal cases (Score:5, Insightful)

    by Techi ( 529851 ) on Monday December 02, 2002 @02:50PM (#4795265) Homepage
    It seems that some people have misunderstood how the DMCA is being abused. Companies are not trying to get people jailed for violations, they are just reaming them of all of their money. Though it is possible for criminal prosecution to result from a violation of the DMCA, big companies want money more than imprisonment.
  • The whole reason (Score:4, Insightful)

    by jmu1 ( 183541 ) <jmullman@gaso[ ]du ['u.e' in gap]> on Monday December 02, 2002 @02:51PM (#4795270) Journal
    we have laws is for intimidation. As much as I hate to say it, laws are not there to punish people but to deter particular situations which are popularly held as inappropiate. So, I suppose that the DMCA has been a success in that respect. However, the inability to actually enforce such a broad, generaized law makes the law useless in the long run.

    Perhaps one day soon, congress will realize what a mammoth beast this thing is and kill it. Perhaps they will realize that they should make enforcable legislation. Nah, just pipe dreams.

  • Appeals (Score:5, Insightful)

    by wiredog ( 43288 ) on Monday December 02, 2002 @02:54PM (#4795296) Journal
    That's the point. We want to lose at trial. That way we can (try to) get the law tossed on appeal.
  • by haedesch ( 247543 ) on Monday December 02, 2002 @02:55PM (#4795303) Homepage
    Case Opens Sklyarov
  • by Maul ( 83993 ) on Monday December 02, 2002 @02:59PM (#4795337) Journal
    Point 1: A lot of people feel the DMCA is unconstitutional. They don't want to see court
    cases where the DMCA is upheld.

    Point 2: Many people feel the DMCA is a law "bought" by the entertainment industry. They feel the DMCA is another example of how our government is representing big business rather than the voters.

    Point 3: Many companies HAVE used threats of DMCA action as a weapon against would-be competition or a challenge to their control of the market. Even if the party the threat is against has not actually violated the DMCA, the cost of going up against a huge corporation in court is enough to scare a lot of people.

    Point 4: Elcomsoft and Sklyarov made their software in RUSSIA. Some people feel that the Sklyarov, at least, should not be punished for doing something in Russia that was against a US law.
  • Re:Adobe Is Dead (Score:5, Insightful)

    by chef_raekwon ( 411401 ) on Monday December 02, 2002 @03:01PM (#4795362) Homepage
    only from an AC would we get such a silly response (and not normally do I respond to AC's). Adobe leads in so many departments, that it would be "hard" for them to slip away.

    Joe user doesn't have the money for Adobe products, however, Joe Company does. And they do pay for it, and they 'do' use it. Adobe controls the market on both Mac's and PC's --- and before you give me the LInux aspect, remember that it aint used like the other OS's for desktop publishing. Adobe is also a crucial instrument into the Postscript that everyone plus grandma uses.

    acrobat and pdf are only a portion of the pie that they eat.

    so, before you start the elimination rounds early, get your facts straight.

    disclaimer: i dont agree with their decision about Elcomsoft, i am merely looking at this from a desktop publishing environment (from which i am gainfully employed.) so, in essence, adobe will survive long past this silly dmca bs.
  • Quick trial? (Score:5, Insightful)

    by MacAndrew ( 463832 ) on Monday December 02, 2002 @03:05PM (#4795388) Homepage
    Conceding for now the DMCA's validity, is there much in the way of factual disputes here? If the facts check out, do you accept that ElcomSoft is guilty? I'm pretty sure I do. I'm not saying I want them to be guilty, just guessing at the outcome.

    ElcomSoft was doing this for profit, if that makes any moral difference. Selling locksmithing tools to a burglar is not particularly savory or legal, and this aspect will make the jury less sympathetic (notice that ElcomSoft wanted a jury). If the skirmishes over the statute did not extricate them, I don't know what chance they have unless there is a juicy factual dispute about who-did-what-where. Yet they haven't pleaded out, assuming a plea agreement was even offered in the test case... Hmm. Need details. Speculation overload.

    It is intriguing that no cases have been brought. Yes the law has been used for intimidation, but the prosecutors have no obligation to let anyone off with a warning -- they can prosecute the first infraction. It would be interesting to know why the law apparently has been given low priority.

    BTW, I agree the treatment of Dimitry Sklyarov (sp?) was shameful. I don't think Kevin Mitnick is a good analogy, however. Their actions and alleged crimes were of very different natures. Yes, there were problems in the Mitnick prosecution as well, but Sklyarov's no Mitnick.

    Here [eff.org] is the EFF's somewhat dated FAQ on the case, more detailed certainly that the Chronicle.
  • by nate1138 ( 325593 ) on Monday December 02, 2002 @03:13PM (#4795459)
    And US law cannot grant authority to arrest a Russian citizen who performed the illegal act in his own country. If this was a US citizen, our government's attitude would be completely different. He didn't sell anything. His company did. He is not an officer, owner, or anything else of consequence. He is simply an employee.
  • by AntiNorm ( 155641 ) on Monday December 02, 2002 @03:16PM (#4795479)
    We could then put whatever material we wanted on P2P networks, and the film and music industry representatives wouldn't even be able to find out what we were sharing without breaking the law they support. Wouldn't that be a good way of demonstrating the stupidity of this law?

    They would then just use their 'we can hack P2P to find bad stuff' attitude to break it, and the government would let them. As I said a few posts ago, the government is not representative of the people as a whole, but representative of those with money. This isn't the way it should be, but it's the way it is.
  • Re:Appeals (Score:3, Insightful)

    by cheezedawg ( 413482 ) on Monday December 02, 2002 @03:18PM (#4795491) Journal
    I think you are forgetting that there is somebody named Dmitry involved here- I highly doubt he wants to lose his criminal trial just on the off chance that the law gets repealed afterwards. Its easy for you to say that because you are not the person on trial here. "Come on Dmitry- take one for the team!"
  • by McChump ( 218559 ) on Monday December 02, 2002 @03:18PM (#4795493)
    No, not 'nuff said. You've missed the point.

    The DCMA has criminal and civil provisions. THIS IS THE ONLY CRIMINAL DCMA CASE THAT HAS EVER BEEN PRESENTED, period. You're talking about the civil provisions of the DCMA (which are admittedly terrible, nasty , awful, misused, all of that stuff). The Justice Department simply doesn't go around sending out cease and desist letters.

    From a tactical standpoint, I'm hoping that Elcomsoft gets convicted, since I'm betting that the criminal provisions of the law will be deemed overbroad and vague on appeal. Then, by implication, thoose arguments will become more available to defendants in civil DCMA cases.
  • by JohnDenver ( 246743 ) on Monday December 02, 2002 @03:32PM (#4795581) Homepage
    Let's call this what it is:

    Intellectual Property Rights vs. Innovation Rights

    In this case it can be argued that Dmitry Sklyarov is a hacker who hacked together and conspired to traffic a digital crowbar that disables the lock Adobe's eBook.

    - OR -

    Dmitry Sklyarov is just a mere employee who wrote software for his employer to enable the user to convert THIER personal eBooks to other formats.

    The irony this dichotomy is: THERE IS NO DICHOTOMY. Both Statements are correct.

    The real question is: Should ElcomSoft be criminally convicted for writing a very legitimate software? It's legitmate in Russia. It was a legitimate and common type of software in the US not too long ago. It only allows the user to convert THIER personal eBooks to other formats. It has many valid uses. ...but in the US, it's against the law...

    Nope... Doesn't seem like a Conservative vs. Liberal Issue to me...

  • by Ektanoor ( 9949 ) on Monday December 02, 2002 @03:35PM (#4795601) Journal
    The USA Federal Government fought for tens of years the Soviet Regime. One of its reasons was that the soviet power was more intimidation than jurisprudence.

    11 years after the Fall of the Soviet Union, Russian citizens fight a federal law that is more intimidation than jurisprudence... in the USA.
  • by Gorimek ( 61128 ) on Monday December 02, 2002 @03:37PM (#4795611) Homepage
    That may seem like no big deal, but one effect is that it adds to the many laws that a lot of people break daily.

    This adds up to that everyone is a criminal and can be put in jail at will by The Authorities, should they ever feel that need. And that is not a free society.
  • by unicron ( 20286 ) <unicron AT thcnet DOT net> on Monday December 02, 2002 @03:40PM (#4795643) Homepage
    Free Kevin, indeed. I was really interested in reading this until I caught the "right-thinking people everywhere" remark. This sensationalist news-reporting has to go stop on /.. Is it really that hard to leave just a smidgeon of objectivity? Their are a lot of you that you claim their are a lot of nefarious organizations out there trying to take away my rights and influence the way I think but I'm starting to see the lines blur between us and them. Instead of right-and-wrong it's become my-way-their-way.

    So in the future, admins could you please try to just report the news without shallow, short-sighted remarks and let us form our own opinions about the story? It would go a long way with me.
  • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Monday December 02, 2002 @03:49PM (#4795721) Homepage Journal

    it's about intimidation rather than litigation

    In today's legal world, litigation em about intimidation. Let's say you have a private plane that fails because a spark plug breaks (fairly unlikely I know, spark plugs don't actually break that often), and you crash-land it in a mall.

    Now, everyone sues everyone. The mall sues you, your insurance company, the spark plug company, the airport in which you store your plane, and the maker of the plane. The maker of the plane sues the spark plug company. The spark plug company sues the company that sold them the clays for the ceramic.

    This is also why most insurance policies contain a clause which you must agree to in order to get insured which says that if anyone sues you and the insurance covers the suit, you have to basically agree that you are in the wrong, and they will settle. So suing people has actually become the science of settlements; How much are they likely to settle with me for? How much can we settle for and have it still be cheaper than going to court? Etc.

    Obviously the DMCA and related are solely intended to intimidate the masses via persecution of the few, but don't try to play it up like it's unusual. The courts are used for intimidation and extortion every day. It's just a matter of course.

  • by MindStalker ( 22827 ) <mindstalker@[ ]il.com ['gma' in gap]> on Monday December 02, 2002 @03:51PM (#4795732) Journal
    But he was an employee. Ok lets take this in reverse. Remember when yahoo was charged with selling nazi stuff in france. If a american employee of Yahoo went to france on a visit and got arrested? What would we all be saying? now descision making executives of a coperation can be criminally arrested for thieir discisions. But this guy didn't make the discision to sell his program in American he simply produced an legal program in his country, and his employer made a discision to skirt the law and try selling it in the US.

    You also seemed to have missed the point that Sklyarov was initially charged with this crime and spent a few weeks in jail for it, I hope he gets some sort of compensation.
  • Re:Appeals (Score:3, Insightful)

    by DarkZero ( 516460 ) on Monday December 02, 2002 @03:57PM (#4795785)
    As others have noted, it's Elcomsoft on trial now, not Dmitry, but I don't think that's really the important issue here. I think what's really important is that Elcomsoft is probably guilty of breaking this law and that their best hope is to get convicted and then have the law itself struck down on appeal.

    It's not "taking one for the team". I think it's probably a reasonable legal strategy when you've been convicted of a dubious law that has not been tested in court.
  • by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Monday December 02, 2002 @03:57PM (#4795792) Journal
    You've nailed one of the many reasons that they dropped the charges against Dmitri.

    Elcomsoft does business in the US. They can be tried in US courts as long as they would like to continue doing business here. The only charge against Dmitri that would have flown is due to his presentation here in the US. The DMCA makes it illegal to tell other people how to circumvent encryption on copyright material. He did that. Of course that is a much clearer free speech issue, so I think they got a little scared.
  • Re:I don't get it (Score:5, Insightful)

    by DeComposer ( 551766 ) on Monday December 02, 2002 @04:03PM (#4795839) Journal

    But Adobe wrote and has patented the technology that encrypts the contents of the eBook. The DMCA specifically prohibits the circumvention of such security devices and Adobe, who uses this particular device, feels that they may face a substantial loss of revenue if their technology is cracked.

    Analogously, if a lock manufacturer has their technology circumvented (i.e. someone creates a universal key) is it the responsibility of the users of the locks (whose stuff might get stolen) to pursue the keymaker, or is it the responsibility of the lock manufacturer? Arguably, in a case such as this, both the responsibility and the financial incentive reside with the lock manufacturer to pursue the keymaker.

    OTOH, Skylarov's tool essentially restores fair-use rights that Adobe has stolen from eBook consumers.

    I create copyrighted material. I prefer that my material is protected from plagiarizing. But if some kid likes my music well enough to download MP3's of it (not that that's an even remotely plausible scenario), I'm not going to lose any sleep thinking that I've lost that $0.03 royalty. Far better IMO to view it as free advertising. And if the kid's parents hear it enough, maybe they'll buy him the CD and then I'll get the whole $0.38.

    As far as I'm concerned, the DMCA is bad law. I hope it gets struck down resoundingly and that Michael Eisner gets so angry about its defeat that his ulcer explodes and drowns him in gastric acid (or the non-violent equivalent, if you prefer--whatever that is).
  • Re:I don't get it (Score:4, Insightful)

    by gorilla ( 36491 ) on Monday December 02, 2002 @04:24PM (#4796009)
    Historically, a lock manufacturer with a lock which is too easily circumvented has had to go out and invent a better lock. That's how we've got better and better locks.
  • by lynx_user_abroad ( 323975 ) on Monday December 02, 2002 @04:24PM (#4796011) Homepage Journal
    Can someone explain this argument to me? I honestly do not get it.

    In a nutshell: Copyright law boils down to an exclusive right (granted by Congress, granted to an author, granted for a limited time) to "speak" certain works. If you write a book, then for the period of time during which your copy right exists, I am not free to also write the same book. My speech is infringed. Copyright is fundamentally in conflict with free speech. The Framers justified this by saying the benefit to society gained by having you share your writing was worth more than the cost of prohibiting me (and others) from writing the same thing during the copy right period. Again, this is "in a nutshell".

    DMCA, so the argument goes, runs afowl of at least the spirit of copyright (and free speech) in several respects. For one, the copy right protection period granted by a technological mechanism is esssentially "forever", and not a limited time. Additionally, Dimitri/Elcomsoft did not publish anything infringing anothers copy right, but rather published a tool which could allow (some would say "was designed to allow") it's purchasers an opportunity to violate another's copy right.

    Free speech can be restricted in cases where the government can show a "compelling interest". Your "fire in a theatre" example is one of these; clearly the harm from such speech outweighs the societal benefit of hearing your rendition of "Fire!".

    One thing which can be drawn from the result of this trial (whatever it should be) is whether the goverment finds a more compelling interest in promoting technological advancement or in protecting the bottom line of some major campaign contributors.

    Making the argument that publishing an eBook extractor is a malicious act seems akin to accusing a man of being a thief because he posesses hands with which to steal. Even within the letter of the DMCA, there are certain circumstances under which using an eBook extractor to access the content of an encrypted eBook would be undeniably legal.

  • by wfrp01 ( 82831 ) on Monday December 02, 2002 @04:44PM (#4796209) Journal
    a single criminal case because ... why?

    Maybe because the beneficiaries of this remarkably stupid legislation are afraid to death that litigation will turn on the DMCA's unconstitionality, rendering it null and void.
  • Re:No argument... (Score:2, Insightful)

    by McChump ( 218559 ) on Monday December 02, 2002 @05:10PM (#4796383)
    I think you might be reading too much into the guy's comment. When looked at in the context of the article (particularly the part you just quoted regarding 'criminal prosecutions'), it seems that he's referring to the criminal provisions of the law only. Since this is the only criminal prosecution that has been brought under the DCMA, he might have a point. However, your view on the civil provisions of the law is clearly OTM.

  • by kableh ( 155146 ) on Monday December 02, 2002 @05:17PM (#4796416) Homepage
    A big one would be the Felton vs SDMI fiasco. They threatened his legitimate work with a DMCA lawsuit, then, after that fucked up any chance of him presenting his work at a security conference, denied that they had any intention of suing.

    I'm probably not being accurate by saying the DoJ. In the Felton case, it was the SDMI consortium and RIAA that threatened him. My reply was just a bit hasty.

    That isn't the point though. These cases never come to light because those who are challenged can't even begin to mount a legal defense, and therefore, fold like Superman on laundry day. The mere threat of invoking the DMCA has most definitely had a chilling effect. I'm sure you're aware of this though, and that was the point I was trying to make.
  • by Gruneun ( 261463 ) on Monday December 02, 2002 @05:18PM (#4796425)
    I don't usually bite on the obvious trolls, but...

    In the Macintosh graphic design field, where Adobe has their most rabid supporters, there is a severe issue because QuarkXpress isn't supported on OS X. The problem is, Quark is the premiere desktop publishing tool and even Adobe hasn't been able to take that away.

    You would think, since Adobe has cornered the market on just about every other graphic design aspect, that people would immediately switch to their equivalent page layout product. After all, inter-program functionality should be more fluid. Still, even with compatibility issues, there are a lot of people running multiple OS or multiple machine configurations just to use both Quark and OS X. That's inertia... in a big way.

    It took Microsoft years to kill off Netscape (or eclipse, for those who still hold out some hope of their resurrection) and that was long before the Web became what it is today. People still aren't as attached to their web browsers as they are to tools like Photoshop, Illustrator, and Quark. Microsoft has a long way to go before they reverse Adobe's inertia in graphic design, PC or Mac.
  • by JohnDenver ( 246743 ) on Monday December 02, 2002 @05:30PM (#4796508) Homepage
    The History of Yelling Fire in a Crowded Theatre

    As long as we're talking about Justice Oliver Wendell Holmes's classic example of unprotected speech, let's learn a little about the context, especially considering it's been invoked by so many people in so many contexts.

    The analogy came from the Schneck v. United States in which Schneck was being prosecuted for causing subordination among soldiers who had been drafted in WWI. He and others had circulated leaflets asking draftees to not "submit to intimidation". The leaflets did not encourage draftees to break the law, rather it encourage them to consider their rights.

    Justice Holmes opinion was that the constitution protects these leaflets during peace time, and that wartime deserved special circumstances.

    In order to support his special circumstances opinion, he illustrated his opinion with the famous "Fire in a Theatre" analogy.

    The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.

    Justice Holmes upheld his convictions that the leaflets presented "A Clear and Present Danger"

    Of course, when the founder father drafted the Bill of Rights, they must of forgot about their own "Clear and Present Danger" that they presented to His Majesty's Empire.


    Oh wait, If the founding fathers were hung up on this "Clear and Present Danger" exception, why didn't they write it down, but rather write the Second Amendment and Third Amendments instead?

    Source Code - A Precise Mathematical Notation?

    What do these things have in common?

    Literature, Music, Paintings, Sculptures, WebPages, Movies, Pornography, Video Games

    They're all Intellectual Works protected by copyright law!!!

    What do these things have in common?

    Literature, Music, Paintings, Sculptures, WebPages, Movies, Arm Bands, Middle Fingers, Flag Diapers

    They're all protected by the First Amendment!!!

    What does Copyright Law Consider Expression?

    According the US Copyright Office, in order for a work to be copyrighted, it must be a work that is a fixed in a tangible form of expression. Therefore, ALL copyrighted materials are tangible forms of expression!

    What does the Law Say?

    Title 17, Circular 92, Chapter 1, Section 102
    Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

    Is Software Really a form of Expression?

    I like working with extremes myself, so let's start with Video Games. They seem to be the most expressive form of all expression. A great Video Game mixes and blends all sorts of art, music, and literary work and combines it all with an intelligent engine, which is a mathematical art form in itself. If one wanted to be an artist that truly affects and influences people, wouldn't it be logical to blend many art forms into one cohesive form of immersive art?

    What about Source Code

    If you're going to describe what source code is to someone who's never seen it, it can be best describe as a very precise mathematical notation. A program is almost always a mathematical model representing real object or phenomenon. A Database is a mathematical model of an index filing system, while a Word Processor is a mathematical model of type setting machine. When these models are executed on a computer, they may behave just like the physical device, but it is still only a model of that device, expressed in a mathematical notation.

    If it's copyrightable, it's expression. You can't have it both ways...
  • by Guppy06 ( 410832 ) on Monday December 02, 2002 @05:42PM (#4796622)
    "I can be prosecuted for yelling "fire" in a crowded movie theatre,"

    Please allow me to fix your analogy. The DMCA isn't about yelling "fire" in a crowded theater, it's about keeping people from saying "This theater is a fire hazard." Doing so would require both reverse-engineering the theater (to see what the specific hazards are) and distributing the information to people who may not have bought a movie ticket (and therefore never having been in the theater themselves).

    Those together are made illegal by the DMCA, because saying "This theater is a fire hazard" would seriously hamper the theater's sales and their "right" to make a profit.
  • Re:I don't get it (Score:4, Insightful)

    by DunbarTheInept ( 764 ) on Monday December 02, 2002 @05:44PM (#4796639) Homepage
    The analogy doesn't hold. Firstly, the act of opening a lock without the proper key isn't technically a crime - it's all the other circumstances that typically surround that act that are crimes - tresspassing, theft, damage to another's property, etc. But with the DMCA the act of bypassing the encryption in and of itself is a crime no matter what you may chose to do before and after it. And even worse, under the DMCA it is also a crime to tell anyone else how it can be done. This allows software companies to make up whatever fradulent claims they like as to the security of their encryption. It is illegal to blow the whistle on how bad their encryption is, because you cannot tell anyone any details of such without violating the DMCA.

    In the case in question, Skylarov explained at a conference how bad Adobe's e-book encryption is and how incredebly simple it is to break it, and found himself soon arrested.

    It's the equivilent of being thrown in jail because you publicised to consumers how bad Mr Smith's Lock Company is, and proved it by showing how you can break into any of Mr Smith's locks with a simple paperclip.
  • by shiflett ( 151538 ) on Monday December 02, 2002 @05:45PM (#4796643) Homepage
    How can you possibly be blaming Slashdot for anything? They simply stated:

    weakethics writes "The trial is...."

    That's all. Would you rather they misquote weakethics in order to remove any hint of prejudice? Is that objective reporting to you?

    I will admit that the editors are not always as objective as they should be, but I don't think you have a case this time. Even "objective" stories on television news stations will quote people who are anything but objective. This is not a new approach. You can blame Slashdot for not offering an opposing opinion, but that's the only argument you have.

    *We* submit stories to Slashdot. If you want to blame anyone, blame weakethic for having an opinion.
  • Re:I agree (Score:4, Insightful)

    by Tom7 ( 102298 ) on Monday December 02, 2002 @06:43PM (#4797059) Homepage Journal
    Sure, but I think I am in a special situation. First, I've had similar legal threats before, so I know not to be scared off over a few emails. Second, my content is hosted by a (relatively) enlightened provider (my university). Third, I'm a grad student with no money and no particular responsibilities to family, job, etc.

    If any of these things wasn't true, I think I'd have much more trouble keeping the program up. If my ISP took it down, as the safe harbor provisions of the DMCA make so tempting, what would I do? If I had money to lose or couldn't afford the court time because of job commitments or family, how could I risk going to court over something so silly? If I didn't realize that such mails are often just a bunch of hot air, how would I have reacted? I think that many more projects get taken down voluntarily precisely because hobbyists can't afford to provide defense, even if they are in the right.

  • by sterno ( 16320 ) on Monday December 02, 2002 @07:02PM (#4797206) Homepage
    There is one surefire way to invalidate the DMCA -- get Congress to repeal it. I know, tedious and democratic, but maybe the public will get mad enough at some point.

    Until politicians believe this is the issue that will make or break their campaign, they'll ignore it. That will only happen when a lot of money or a substantial block of votes is riding on it. Given that most of us have more pressing issues like war, abortion rights, etc, issues like that get pushed to the back burner.
  • Re:I don't get it (Score:3, Insightful)

    by kien ( 571074 ) <kien@memberELIOT.fsf.org minus poet> on Monday December 02, 2002 @09:16PM (#4798084) Journal
    Dunbar, I hope you get modded up because you really do bring out one of the many sticky issues with the DMCA.

    "Firstly, the act of opening a lock without the proper key isn't technically a crime - it's all the other circumstances that typically surround that act that are crimes - tresspassing, theft, damage to another's property, etc. But with the DMCA the act of bypassing the encryption in and of itself is a crime no matter what you may chose to do before and after it. And even worse, under the DMCA it is also a crime to tell anyone else how it can be done."


    To expand upon this: If I lock myself out of my apartment and I know how to use a credit card to gain access, I'm not violating the law. But if I go next door and use my credit card on my neighbor's lock, I have crossed the legal boundary and am now guilty of trespassing. The crime is not the method I used to gain access, but that I used that method inappropriately.

    Further, if the concepts of the DMCA were applied in the real world, I could be arrested just for showing someone how to use a credit card to gain access to their own apartment.

    --K.

    P.S. The first one of you freaks that shows up at my door with a credit card will be the first to discover that I'm also a supporter of the 2nd Amendment: The right to keep and arm bears; my bear's name is Uber. :)

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