Say Here Why Sklyarov Should Go Free

In some previous columns I argued that Russian hacker gadfly and academic Dmitri Sklyarov, in a Nevada jail at the hands of federal authorities, is the victim of a serious injustice. He should not have been arrested and jailed under the DMCA in for writing software that undermined the effectiveness of Adobe's e-book encryption software. Were he not a so-called "hacker," he wouldn't have been. Sklyarov, 26, has been jailed for two weeks now. This is a perversion of copyright law and principles that have stood for more than two centuries. The arrest seriously undermines the First Amendment. Some of you disagree. But if you agree, here's a cyber petition in the spirit of the Net: rather than sign somebody else's statement, post your own reasons you think the arrest was inappropriate, and why Sklyarov should be freed. If you feel the arrest was justified, you are welcome to say so. I will see that your comments and arguments reach the appropriate federal officials. This is one of those rare battles that needs to be won. Add your ideas below:

Skylarov's fate has significance far beyond encryption programs. It goes directly to the very idea of security online, of hacker exploration, the open sharing of software processes, and to the creativity and challenge that is at the heart of the Net. This process of sharing, exploring and challenging is one of the primary reasons for the Net's growth, from gaming to messaging to system software to open source. This case also involves the future of copyright and intellectual property. Sklyarov is in jail because of a poorly-conceived provision of the DMCA written by entertainment company lobbyists that goes far beyond existing copyright law.

Sklyarov violated no aspect of traditional copyright law -- only the outlandish provisions of the DMCA. His behavior is similiar to that of many journalists and critics who, over the years, have obtained secret, classified or copyrighted corporate or governmental information to expose flaws, weaknesses or more serious forms of wrongdoing. Few have been arrested and thrown in jail. The federal courts have always taken the view that the greatest threat to freedom is the unchecked power of large institutions, from governments to auto manufacturers. In a sense, the future of Net security depends on people like Skylarov probing for weaknesses and flaws. Whatever his motives, Sklyarov's behavior was in this protected tradition.

Even if Skylarov is freed tomorrow, his arrest and persecution will chill criticism of corporate products and power, and threatens the survival of individualism online. This is a major escalation for increasingly aggressive and monopolistic tech and media corporations, some of which are aggressively moving to control content and communications. Copyright is their new wedge. This criminal case should be dropped, and Sklyarov freed.

Comments

What about...

[zpengo]

Here's an interesting and controversial question that nobody has yet asked:

Should we really be trying to get him released?

The principle behind the DMCA is sound and reasonable: People ought not to spend their time finding ways to steal. Instead, they ought to be developing their own products and getting them out into the market for whatever price they feel is fair.

Napster was popular for the sole reason that it allowed people to steal. DeCSS is a somewhat more gray area, but it still basically allowed people to steal. Sklyarov did nothing beneficial for society, he merely found yet another way to steal and publicized it.

This is absurd. We would not so glorify those who would publish plans for robbing bank vaults, and yet we take men like Sklyarov who delight in playing a sort of twisted Robin Hood and turn them into our heroes. We rationalize the crimes ("Free speech", "Information wants to be free", blah blah blah) and then laugh ourselves giddy because we get what we want without having to pay for it.

People, the capitalism that it seems the majority of people here are trying to undermine is the same system which produced all this high-quality content in the first place. Get rid of that, and we'll have the same cutting-edge community-based free music as you find in your typical Mongolian village.

I've heard the arguments on Slashdot and other sites. I know the points of view. I know why people love MP3s, DeCSS, Sklyarov and all this other rubbish. But none of the reasons outweigh the simple fact that people like to get good stuff for free, but if things were to change such that it were always free, it would stop being good.

Don't believe me? When was the last time someone actually practiced what they preached and downloaded some songs by the independent artists on MP3.com? Those few who have actually done it know that independent artists generally produce crap, and go back to trying to find their Eminem and Metallica mp3s.

So what? Is he jailed for spamware?

[Anonymous Coward]

Maybe you should start to care when the most vile vermin scum's rights are trampled on because if you don't, you will be next. You don't have to believe in the philosophy of the KKK, the Black Panthers, etc., but you had better DAMNED well support their right to free speech. If not, then you are part of the problem.

stupid

[Ender Ryan]

That is one of the stupidest things I've read. It's not a good play at devil's advocate, it made me want to kick the writer in the teetch for being so fucking dumb.