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Sklyarov Case Exposes DMCA Contradictions
aePrime writes: "This article on the New York Times describes how the case against Dmitri Sklyarov is bringing up some contridictions within the Digital Millennium Copyright Act. One is allowed to bypass security measures to backup data, but one is not allowed to write the software to bypass the security. It mentions how this first case to be prosecuted under the law may indeed cause changes to the law." A lot of bad laws have stuck around for longer than the DMCA has yet, but the more this kind of analysis is seen, the sooner sanity can be restored.
Just like you have "fair use" rights but that doesn't obligate the copyright holder to make it easy for you to excercise them.
True, but they shouldn't be able to make it illegal either.
You CAN be tossed in jail (for a long time) for perjury if during Voix Dire the judge asked if you would accept him as the final authority on matters of law and you said "yes".
So, basically, the judge can force you to give up your right as a jurist to decide on both the facts and the law of the case as a condition of being allowed to serve on the jury. Doesn't that pretty much destroy the right in the first place? Should it be legal for them to dismiss you from duty for that reason?
It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
I only hope that Sklyarov (not to mention his family and friends) shares your sentiments.
This probably is the only way to get the DMCA amended, but it's not really fair that it involves a foreign national.
Cheers,
Tim
It's official. Most of you are morons.
The US seems to have a lot of double standards
Indeed. I don't know all of the details in the case, but there are some Americans in jail in China right now for violating Chinese law on China's turf... and the US Gov. is protesting it. It had a few headlines while protests were going on in the US over Sklyarov's arrest. I didn't bother reading the articles, mostly because I found the irony - and hipocrisy - so sickening.
I like to play children's songs in minor keys.
"We're all sons of bitches now." --J. Robert Oppenheimer
Of course, the NYT isn't going to mention that he rotted for two weeks without bail. The FBI and it's corprate backers know they may not win the legal battle, so they gotta try to scare the hell out of the tech crowd too...
Once similar cases start growing in number in which the non-computer-geek common man finds their rights limited by copy protection, the case against DMCA will grow as well.
"Pinky, you've left the lens cap of your mind on again." - P&TB
"I can see my house from here!" - ST:
Fight Spammers!
Yeah, I know they recanted after the EFF pointed out to them that this fracas has made people all over the world hate them, but god DAMN it, they caused this mess and the very least they could do if they were serious about making amends is PAY FOR DMITRY'S DEFENSE.
Until and unless they do something more than say, "Oops, we're sorry we called in the jackbooted thugs, but it's of our hands now, and gosh, we really wish they would just let him go!", I say Adobe deserves to be on all of our shit lists, even above MicroSquish.
Would someone please re-post the names of the perps who fucked Dmitry over? Let's start with that incompetent prick who decided to call in the thugs instead of FIXING the crypto in his pathetic excuse for a product.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
http://www.eff.org/IP/DMCA/
http://www.tuxers.net/dmca/
"I have no special gift, I am only passionately curious." - Albert Einstein
I wondered about that very same thing, actually. But what you're forgetting (I think) is that he also presented his results in the US, and I think (=hope!) that's what makes him prosecutable. I haven't stayed current with the details of the case though, so I could be totally wrong.
main(O){10<putchar(4^--O?77-(15&5128 >>4*O):10)&&main(2+O);}
This law has been around for three years now, and I don't think it's likely to dissappear in any shorter time than that. The Skylarov case is certainly going to be a landmark one, which means that it will almost certainly see the Federal Appeals Courts, and, if they grant it considerations, the supreme court. Boucher ammendment aside, I know that there are those among us who will continue to argue that outlawing the writing of code is a violation of the first amendment to the U.S. Consitution ("The Congress shall make no law . . . . abridging the freedom of Speech or of the Press . . .").
At least they finally let him out on bail. My lord he looks tired in that picture.
\
No really I would. :)
Novel theory: Modern Man evolved from psychopath
Of course most people would not be using the Linux client to crack unauthorized emails but to access ones addressed to them. And of course the Linux client is not really the crucial part here, since Bob could conceivably have used the MS program -- it was the interception that was wrong. But the RIAA, MPAA, and other evil acroynyms have been arguing that a single infringing use -- even one entirely hypothetical -- is enough to open the developer to charges or suit under the DMCA.
The DMCA is a bad law because of its creeping featurism. In the 21st century, copyright law will become one of the major areas of law at all.
The Mongrel Dogs Who Teach
I sort of agree, but perhaps it would have been better if an American were arrested. I would think it would be pretty awful to be arrested in another country just because the lawmakers there were stupid enough to pass such a lame law. I asked this once before. How would you feel if you went to Russia and were arrested for something as simple as speaking at a convention. I think you might be frightened. (Note, this is not to imply that Russia does or does not have such a stupid law).
GreyPoopon
--
Why is it I can write insightful comments but can't come up with a clever signature?
DMCA
>You can't get tossed in jail for it.
You CAN be tossed in jail for comtempt if the judge is pissy. You CAN be tossed in jail (for a long time) for perjury if during Voix Dire the judge asked if you would accept him as the final authority on matters of law and you said "yes".
>You can get removed from the jury (in fact, the second best way* to get out of jury duty is to mention to the prosecutor that you are aware that jury nullification exists), but the prosecuting attorney can only remove a few people
But, sadly, they have to ask. I got trapped on a panel a year ago. I kept waiting to be asked a question that would get me booted - but he just didn't ask them. They seem to always ask on drug cases, but not murder.
Also, they can only toss out so many jurors without cause. Not being willing to accept the judge as having papal authority over interpretation of law is considered very much "cause".
To tie back to copyright issues (neat trick) - the high court has said that while a jury has the right to act as judges of law - the judge is under no obligation to tell the jurors that. Just like you have "fair use" rights but that doesn't obligate the copyright holder to make it easy for you to excercise them.
garyr
-- your Web browser is Ronald Reagan
Since the screen says that the Advanced eBook Processor is Copyright (whenever) by Dmitri Sklyarov, the FBI decided that he was the person responsible for "trafficking" the illegal circumvention device.
Look it up in the complaint - it's far too late in the life of this story for me to bother quoting the actual bit but the next time this story is rehashed and someone says he was arrested for speaking at Defcon, I'll find the relavent quotes.
You are in a maze of twisty little relative jumps, all alike.
If the device used to enable fair use can't tell the difference between fair use and illegal use then the device must be illegal?
Well then we MUST make handguns illegal. A gun can't tell the difference between a legal use, and being used to commit a crime.
It MUST be made legal to SELL any tool that has a LEGAL purpose, even IF it can be used for an illegal one. Otherwise EVERYTHING is illegal. Guns, cars, screwdrivers, etc.
Most countries (US and Russia included, I believe) have a mutual incarceration policy. DS would probably serve his sentence in Russia.
:-)
Ahh, the Siberian mines... think about that, next time you run DeCss or the like
Good point. I would much rather it be an American, and much rather him be treated with rights, such as a timely bail hearing, etc.
The DMCA written on toilet paper!!!
You can't get tossed in jail for it. You can get removed from the jury (in fact, the second best way* to get out of jury duty is to mention to the prosecutor that you are aware that jury nullification exists), but the prosecuting attorney can only remove a few people, and if all mention it then chances are someone who believes in jury nullification can and will slip through to prevent injustice from occurring. This is one of the main checks that the people have against the system.
Now, of course, since this is a check on the system the people who run the system (i.e. judges, prosecuting attorneys, etc) would rather you didn't know about it, and will do what they can to discourage it. But you cannot go to jail simply for saying someone is not guilty despite a preponderance of evidence, which is what jury nullification is. Contempt of court in another story, which is why it is best not to advertise loudly what you are doing and/or why.
Neh
*The first best is to tell the defense that his client is guilty... no matter what.
... and there is no doubt, that one day he will be
where the eye of his telescope has already been
If you're going to argue the case, at least get the facts straight - there was a criminal complaint against him before he came to the US (it's dated July 10th), and he was only arrested once the FBI found out that he was in Las Vegas (on July 17th).
He was arrested specifically because the copyright to the Advanced eBook Processor was assigned to him - leading the FBI to believe that he is the one responsible for it. He was also arrested because the software could be purchased in the United States and was purchased in the United States. This doesn't make the DMCA any more fair, but at least realize that he wasn't arrested for speech, but for trafficking in an illegal copyright-circumvention device.
You are in a maze of twisty little relative jumps, all alike.
On the other hand, if someone wanted the DCMA to be invalidated what would be the best way of doing it without ticking off a lot of people and spending the least amount of money? You arrest someone from another country for violation of that law and use them as the legal acid-test.
Because of the fact that Abobe has withdrew their complaint and the FBI is still intent on pursuing this line of action, it seemingly makes sense that someone higher up does want this case to, at a minimum, recieve world wide attention and possibly, actually go to court. Think about it. Other countries have already started down this path. What better way to wake everyone up?
Of course, the best part is, (as long as your name isn't Sklyarov) since he's from another country, the amount of presure to actually prevent him from being taken to court is going to be minimal compared to using a citizen.
- He's a foreigner -- no built-in sympathy and likely a lot of built-in antipathy among American citizens
- He's Russian
... and we've had nearly fifty years of programming that Russian == Evil
- He's unlikely to be articulate in English in his own defense -- and even if he is, he'll have an accent (see first point).
- Many Americans feel that the rights under the Constitution do not apply to non-citizens (although the Supreme Court has repeatedly -- and correctly -- ruled they do).
- His company is in Russia and does not have the legal infrastructure to mount a defense for him.
- It can be cast as a fight to defend "the American way of life" from the ruthless Cossack hackers.
- They can get a ridiculously high bail set, because -- as a foreign national -- he's automatically a major flight risk.
Of course they picked a non-citizen for the first test case.The Mongrel Dogs Who Teach
I hope that link isn't an illegal circumvention device!
While reading over the stories surrounding this case for the past few days, I am reminded of the situation with the US Spy Plane earlier this year. Americans were being held in a foregin state, against their will, and for reasons which were debatable. Isn't the United States being the pot that calls the kettle black, here? Come on, what's the deal? I live in and love most things about this country, but when something like this crops up, it makes me sick to think of the people who drempt up such a convoluted thing as arresting a foreign national on disputable grounds... especially (and this is probably the biggest reason) because a large corporation is wetting its corporate pants. The hypocricy in this country, and around the world, needs to stop.
Man is born free; and everywhere he is in chains.
Wether [sic] or not the law is constitutional is decided in the appellate courts.
No. Any Federal District Court in the land can declare any law to be unconstitutional. It's not exclusively a matter of Circuit or Supreme jurisdiction.
(District Court = local, regional Federal Courts. Circuit Court = appellate court. Supreme = Supreme Court of the United States.)
For those of you who have been elsewhere for the past few months, you can check out the following page on the subject at the EFF. Another page has a link to the act, in PDF.
Jumpstart the tartan drive.
Okay, bring it on. I can take it. More DMCA.
Shouldn't we have a Code Red IV, The Voyage Home, where Skylarov travels back in time before the DMCA and can go home? A whale of a good tail.
Slashdot: Everything in Moderation, including Moderation itself.
It doesn't seem to have occurred to these people that they might not have a business plan doing that. I have attempted to make this point before to the "but copying is piracy and piracy is stealing from me!" type guys -- it may be that digital information simply does not have monetary value. One of the long-standing rules of the marketplace is that the value of a thing is what that thing will bring. If no one will pay for it, you can't make money selling it. It's like the dorks who want to privatize the water supply -- this shit falls out of the air, people.
Digital bits are trivially easy to copy. No encryption scheme can hold when you've got physical access to both the encoder and decoder. People are by and large unwilling to give up their rights of property (to own that which they've purchased, to view it at the time and in the manner of their choosing) in order to ensure digital profitability. Maybe it's simply time to step back from this "glorious revolution" and re-evaluate what we think we're doing, as a society.
One day I feel I'm ahead of the wheel / the next it's rolling over me / I can get back on / I can get back on
Yes, you are correct that a jury can not change the law (that would be moronic), but a jury can chose not to enforce a law that the defence convinces them is mearly wrong (not just unconsitutional). The question is can a jury do this legally.
The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
Too late.
Actually, they used patent law, not the DMCA. But Windows Media Player support was ripped out of an Open Source player many months ago, after legal notice to the author by Microsoft.
I'm also sure the DMCA will be one more tool in their arsenal.
The living have better things to do than to continue hating the dead.
What international law is the USA violating? Please tell me, I'll add it to the next letter I send a politician about this. And I realize the DMCA may be an unconstitutional law, but unfortunately the system is built to allow such laws to pass and requires that court cases be tried in order for the judicial branch to find otherwise. Generally laws are only subject to judicial review after such time as they have been enforced. If not, they should be, since issuing injunctions against the enforcement of laws until such time as they have undergone judicial review is in itself a subversion of the Constitution (as it essentially adds another layer to the veto process).
Given the enormous attention given the civil case of the MPAA vs. 2600, and the civil case of the RIAA vs. Napster, one would have to assume that at some point the criminal portions of the DMCA would be enforced as well. I'm guessing that Adobe, as part of their discussions with the FBI, made it clear that they were having a hard time suing a Russian company for violating the non-Russian DMCA by doing something that is entirely legal in Russia, but here was an opportunity to hold the perpetrator accountable by the only means pragmatically available according to the DMCA. Obviously the Feds bought it, since Dmitry is still in jail. Or maybe the FBI was just frustrated that it couldn't find anyone else to arrest at Def Con. In which case, you're probably right. It was completely arbitrary.
I do not have a signature
And furthermore, even if a person *could* design the tools, (in the case of DVDs) the DVD-CCA licenses the key to decrypt the DVD. Individuals would have to either pay for the license, $5,000 for an annual license (although they may deny you) or acquire it "illegally" (i.e. reverse-engineer). So, in the case of DVDs, there is no realistic and/or legal way for a consumer to write a program themselves (witness Jon Johanson).
So much for that idea.
We want some answers and all that we get
Some kind of shit about a terrorist threat
- Ministry
you don't have to have a choice to be a hero. I don't think Stephen Biko had a choice, for example.
I'm not sure Dmitry stands up to Biko's rather high standard. but you never know. the case is yet young.
my old sig used to be funny, but then slashcode ate it and now it's not funny anymore
It sucks for him no doubt. But if his case wins us the repeal or watering down of the DMCA, he'll be a hero.
I figure if the above happens, lets setup a fund for his family & kids and make donations as a way to thank him for his trouble for improving things here. Life can be rough in RUssia, the least we can do is improve his standard of living a bit as a why of thanking him for hte trouble he went through to, hopefully, get rid of this stupid law.
Top Most Bizarre/Disturbing Error Messages
This case is great because it highlights the problems with the law in a way that arguably could not be done with an American citizen. The important thing is, we have to win it because of the human cost issue. If we don't then we have a much greater problem on our hands.
LedgerSMB: Open source Accounting/ERP
If we don't fight, the "O'Reilly Open Source" will have in the future the same negative connotation that DefCon does now. Microsoft, that "upstanding shining star of American innovation and productivity" *cough*, has demonized Open Source, saying it "destroys intellectual property", and hence innovation.
The battle for mindshare as begun. We are being made out to be the bad guys. We react to laws and are always on the "law-breaking" side. Not from our perspective (freedom), but from THEIR perspective (they have the courts/police/gov't/guns on their side).
We need to act, not just react. We need to use the political process and get publicity where WE are taking an initiative, and aren't just fighting the ystem.
Just because it CAN be done, doesn't mean it should!
You know, it occured to me over the weekend that the present spate of bad laws are based on the assumption that corporations have an entitlement to make a profit on distributing things digitally. And it's that sense of entitlement that results in laws that violate our constitutional rights.
Why don't we chuck out the sense of entitlement, and the laws trying to enforce it, and just tell businesses that if they want to be profitable in the cyberage, they need to come up with a business plan that actually works in the cyberage.
Sheesh, evil *and* a jerk. -- Jade
Here's the pertinent FAQ over at EFF. It gives you links to a Paypal account set up for Dmitri as well as links to various mailing lists, web sites, et cetera.
It's always a long day... 86400 doesn't fit into a short.
"Ms. Samole said she ended up downloading a pirated version of "Fight Club," which is how she intends to obtain her movies in the future. "I'm completely alienated," she said. "I'm never going to rent a DVD again." Hmmm... thats what people will start doing.. something akin to civil dis-obedience. Nothing would be more frustrating than not able to watch the DVD you bought.. and only a fool will make the same mistake again... Those morons are going to dig their own grave... meanwhile i am going to shrug the atlas and sit back and watch them die.
From the article:
The Library of Congress is now considering whether to recommend other exceptions to the law. Many libraries and other educational institutions want an exception that would let individuals circumvent a copy- control technology in order to copy portions of a work for use in parody, scholarship or criticism -- purposes protected under the "fair use" doctrine of traditional copyright law.
This is the sticking point of the DMCA with me; it strips away whatever bit of fair-use doctrine we once enjoyed. No wonder most people don't like it, no one wants to lose rights they once had.
This is all fine and good, but people still have to prove they cracked whatever encryption in order to make a parody, etc. It makes for more complications in the long run.
It seems to be a poor substitute for examining its constitutionality to see if the law should still even exist.
Well yes it does, but it wouldn't be right now would it? Regardless of whether or not you agree that the NYT should be requiring a registration, if the NYT wants to make sure people register to read their article then linking to the article that requires registration is just the polite thing to do.
Sigs are awesome huh?
Extraterritoriality.
There's a common principle in international law that, with very few exceptions, states should only prosecute people as criminals if their illegal behaviour occurred in the jurisdiction of the state prosecuting.
For example, if a brewer visits Saudi Arabia, he or she should not be held criminally liable for assisting in the distribution of liquour in Saudi Arabia. Only if the brewer brought a bottle of the Cap'n should an arrest be made.
However, the United States (like some other countries; say, Turkey) violates this rule all the time. Anytime Cuba is mentioned, for example. So I wouldn't hold your breath.
my old sig used to be funny, but then slashcode ate it and now it's not funny anymore
If that is true then lets see you copy one from your desktop to your laptop. I can imagine having my desktop die and then what good is my backup copy? It can only run on one install of the ebook reader.
"Many of the people I know can come up with a program to do it themselves, without being in the business of doing it," Ms. Peters said.
Hmmm... Sounds like she just exposed herself as being part of some sort of hacker ring. Better watch out for the Feds, Ms. Peters; it's their job to put away people like you.
"Leave the strategizing to those of us with planet-sized brains." -Tycho
"If he was so completely unaware of the potential for his situation to go this way, then I'd have to ask who invited him here without giving him some background and pointing out some potential risks."
Yeah, I mean, who really abides by international law, or their own constitution these days?...
It's 10 PM. Do you know if you're un-American?
Maybe she should be heading the Patent Office instead. Her "friends" could help them get a clue.
"Even if you are on the right track, you'll get run over if you just sit there" - Will Rogers
http://archives.nytimes.com/2001/08/13/technology/ ebusiness/13NECO.html?0813inside
Can't article submitters please take the easy step of replacing www with archives? It works every time.
Lawrence Lessig is my personal hero.
Hello? Those rights already existed - it's called the 1st Amendment. The DMCA even has language expressly affirming those rights to fair use. Here is an article that is critical of the DMCA, yet is still full of pro-media-conglomerate bias! How can we win this when even our "friends" are getting it wrong?
Edith Keeler Must Die
The best test case for unconstitutional laws are people who have volunteered to publically break the law in order to fight it, but sometimes people 'volunteer' less explicitly, like Dmitri...
I do not deploy Linux. Ever.
I don't think this is a good test case, because public opinion is already biased against Sklyarov. I have seen numerous stories referring to him as a "Russian Hacker" such as Russian hacker released on bail after U.S. arrest (06-Aug-01) and Hacker supporters ask Adobe to aid in defense (02-Aug-01). Even if the article explains that what he did was legal in Russia, the sentiment is already turned against him by the title. "Hacker" has become a Bad Word(tm) to the majority. While the /. crowd might not see such an evil meaning, the general public certainly does. I think we would be much better off with an academic (like Prof. Felton) as the defendant in the test case, rather than a "Russian Hacker".
Enigma
What I'm wondering is, what exactly do they want with Sklyarov?
I mean, he broke *US LAW* whilst IN RUSSIA... and now they're prosecuting him in the US.
After taking that into account... what do they hope to achieve? Its unlikely that he has much money that anyone can sue him for... so they just want to keep a prisoner, basically?
What if Russia arrested and held an American for breaking a Russian law whilst in America?!? I bet there'd be a helluva lot of demands going on by the US.
The US seems to have a lot of double standards in terms of what it expects from other countries contrasted with what it allows other countries.
The DMCA is only part of the deal.
It seems to me that in this whole debate, we need to make clear the difference between COPYright and ACCESSright. That's the real rub about the DMCA, it legally transforms copyright into accessright, and gives the copyright holder new controls not previously granted.
It is supposedly about preventing unauthorized copying. But in reality does little to prevent it and puts the publishing industries in the driver's seat in a new way.
The REAL fear here is if we get to the point where all 'media player devices' (not necessarily related to Microsoft media player) play only DMCA-encumbered media - where you can't even play non-access-controlled media if you wanted to. Then free speech and discourse necessary for democracy are in deep trouble.
The living have better things to do than to continue hating the dead.
Corporations love powerful but unconstitutional/illegal laws like this that they can use to beat people over the head with. However, if the person has the time or resources to mount a strong defense, the corporations will "back down" and let this one trouble maker go so that the law stays in full force and on the books so they can use it against the next guy.
Fortunately in this case, the US gov't is going to force the issue.
tar -xvzf dmca.tar.gz
./configure ./config.cache /usr/bin/install -c
cd dmca
creating cache
checking for extra includes... no
checking for extra libs... no
checking for a BSD compatible install...
checking whether legal environment is sane... no
*Exit with error code 1
microsoftword.mp3 - it doesn't care that they're not words...
The Supreme Court is an appellate court.
Best Slashdot Co
...in the first paragraph here?
____
Sometimes the voices in my head speak over each other. This is one of those times.
Yes, but that doesn't change the that ONLY the SC can say a law is unconstitutional.
as usual I will have pictures and info up from tonights rally ASAP. Also Dmitry is the topic of a KQED radio program at 9AM Featuring the EFF vs. AAP. I will put the streaming link up for the broadcast on my site! http://sjrally.n3.net> BJY
While I agree with you, I also want to remind that Dmitry did not have any choice as far as I know, which pretty much does not make him a hero
While it does not make him a hero, it does make him a Martyr, which I am sure means nothing to him, but to us it is everything. Every oppressive government fears is a Martyr, because they can be a powerful figure to rally around, and this is what turns a few peasents into a fanatic army.
Fascism should more properly be called corporatism, since it is the merger of state and corporate power - Benito Mussoli
We need to have as many technical and scientific minds work with the lawyers of the EFF all through this case. This being the first case testing this abomination of a law, we need to make sure that it is rightly patched and/or overturned. We don't want to fall for a 'quick fix' that seems to be better, when in the long run the law still favors the wrong side. Make sure the lawyers know what to get fixed and how to fix them properly for the benefit of everyone.
I'm sure the media cartels are grinding their gears to find the right obfuscated solution that may satisfy people now, yet still retain the draconian measures currently in place. Just getting his release is not enough, the law must be made right.
- A non-productive mind is with absolutely zero balance.
- AC
How about you let me vandalize your stuff, and then let me know what you'd like to do to me. I'm sure that some defintion of "torture" would be met by your words.
The fact that some children do not value other people's stuff means the children's parents have failed. The real solution is to punish the PARENTS. Once a few parents are punished, we'll see parents in general start to teach children a bit of respect for other people's stuff. Of course, if it's an adult who is the vandal/thief/whatever, then the adult should get the punishment.
A better punishment than caning would be to work at hard manual labor until you've earned back an amount equal to the cost of damaged goods. All in favor of having teenage vandals cleaning cesspools, raise their hands...
-jon
Remember Amalek.
I sometimes think that we don't dare stand up against the DMCA. After all its, the entertainment industry that keeps us entertained. Oh what do we do to kill the idle hour? What did we ever do before game consoles, CDs and DVDs.
1 524/20#20
I frequently read about the DMCA on Slashdot. I've yet to see a Slashdot poll that musters support against it. When all the complaining is done, we all go home to our games, movies and music. The editors here make grandiose statements about "evil corporation X" and then post a review about "X's cool new gizmo". We condemn Sony's role in the SDMI initiative and then go on to say "Oh I can't wait till PS/2 hits the US markets".
Here's a link to a letter I wrote to Malda and Rusty. Nothing came out of it.
http://www.kuro5hin.org/comments/2001/7/31/20314/
Why isn't there a collective, organized protest against DMCA and its lobbyists? Don't we think that its possible to live without the offerings of corporations? Its time to consider this thing seriously, and chip away at it, each day, relentlessly. Keep journals. My journal entry would read, "Today, I would have done X, but for the DMCA. I can't wait until the day that we'll be rid of it".
If we're so weak that we can't resist cool toys, then perhaps we deserve the DMCA.
-rao
While sitting in your warm bedroom or at your cool office saying how great it was that he was arrested so that the law can be challenged in court, Dmitri is most likely sitting in a one room cell with little but a cot, metal toilet, and TV down the hall. His family is most likely sick with worry since they realize that there is little to nothing that they can do. Any time an American (born or recent addition) is imprisoned for a crime in some foreign, there is often a public (US) outcry. In the Spring of 1994, an 18-year-old Michael Fay, was caned in Singapore for spray painting cars. Many in the United States expressed outrage at the primitive brutality of the punishment. Even President Clinton expressed his dismay and criticized the punishment as cruel and close to barbarism and torture. I really doubt Dmitri is glad to play a small part at the legal challenge of the DMCA. If you were in that position, your lawyer would most likely suggest (and you would accept) that if you can be quietly get let off with time served and a small fine that you accept it. If my lawyer were to suggest, 'we're going to fight this until your bitter end', then I'll be asking for new representation. Poor Dmitri is being used as a pawn by both sides. Corporate America is using him to scare the programming community into submission (i.e. you're next) and the community is using him to strike down a law.
Cave, wreck, and deep diver.
Most interestingly, manufacturing a circumvention device for use in your own home is still illegal under the DMCA. It allows their use for security research and backup purposes, but not their manufacture. Similarly, it's legal for a child to smoke a cigarette in most places -- but it's not legal to give him one or leave one where he could get it.
-- Brian T. Sniffen
Last fall, Congress adopted the library's recommendation that when the copyright safeguards malfunction on "literary works, including computer programs and databases," that an individual has legally purchased, the person be allowed to use technology like the software Mr. Sklyarov developed to regain reading access to the work.
Can this be used as an argument for DeCSS? The encryption on DVDs is so weak that it "malfunctioned"?
It's a stretch, I know.
Would someone please just let this poor guy go home to his wife and kids and sort this all out later?
I think it is a good thing Sklyarov was arrested. I mean, it would suck to be arrested, no doubt. But it was going to happen eventually, sooner than later. A case like this is exactly what we need to have this law rewritten in a way that makes more sense.
You mean like what they did when they first "released" the spec for Microsoft Kerberos with a click-wrap license, then asked Slashdot to remove un-clickwrapped copies (or links to same), and finally made most of the info available without the clickwrap?
Yeah, they'd never do anything like that.
I know that this seems far fetched because ebooks have not become popular. But, if in the future they did become the only way publishers released books libraries would not be able to lend them.
The DMCA seems to criminalize the library that might someday exist.
Marybeth Peters, the chief of the United States Copyright Office, said that the exception was still meaningful, even without a market for anti- circumvention devices, because it allowed individuals to figure out for themselves how to go around a technological control measure.
/.ers couldn't even handle this.
"Many of the people I know can come up with a program to do it themselves, without being in the business of doing it," Ms. Peters said.
She has GOT to be kidding if she thinks the average consumer has the ability to design tools that will allow them to access there fair use rights. This is idiotic. Most
What she is suggesting would be like if wrenches were illegal, but you could make your own to fix your faucet that is leaking. "We believe the average consumer will find a way to make the wrenches they need." Sorry, but most people do not have the knowledge, expertise, or equipment to make wrenches. If you think most people can write code that will crack encryption, you shouldn't buy that new Lexus you have been looking at. Why not build you own car?
Lawrence Lessig is my personal hero.
Marybeth Peters, the chief of the United States Copyright Office, said that the exception was still meaningful, even without a market for anti- circumvention devices, because it allowed individuals to figure out for themselves how to go around a technological control measure. "Many of the people I know can come up with a program to do it themselves, without being in the business of doing it," Ms. Peters said.
So, according to the US copyright office, hacking e-books is a common skill? In fact, a neccessary skill to excersize our rights?I beg to differ. I have the perfect device to distinguish fair use. It's called a brain. I have greater faith in its capability than in any access control scheme Big Media may come up with.
I don't want knowledge. I want certainty. - Law, David Bowie
...was that the mainstream press is starting to see the anti-DMCA point of view, and to write about it. The fact that they're supporting the "little guy" is more than gravy, but we geeks have known all along that the "little guy" is who is hurt.
Seeing the Sklyarov tale picked up by the Times in this light can only bode ill for the DMCA. I hope this is a continuing trend, and not a blip on the radar...
"Adobe has managed to make enemies of people I would not care to have as mortal enemies." -- Jerry Pournelle
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Explain to them that the law is stupid because byte-for-byte copying is unpreventable when you have the real production equipment. Explain to them that Adobe used encryption that was so sad that an Algebra student in high school could probably write a better algorithm to protect the eBooks with. Explain to them that there cannot legally be a DVD equivelant of the VCR. Show them that what Sklyarov did was legal in his country, the jurisidiction where it took place. Then remind them that this is the exact same thing that China does to our people when they criticize their policies in America them then go on business trips there. Put it in those terms. That will show them that we have become the very thing we once deeply opposed: a police state. If the facts are explained to them in those simple terms then Adobe/the gov's lawyers will have two words haunting them in their back of their minds for the duration of the trial: "jury nullification"
He said that he had done some research on some topic (unfortunately I could not hear what it was about). He said he would go to the US next week for a conference and he feared being arrested if he would publish. Since he had mouths to feed and rent to pay, he said he could not afford to take the risk. So he decided to not publish his research. He urged everyone to protest against the DMCA which affects him as a non-US citizen. He did realise that at the HAL he was preaching to the choir...
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Warning: Slashdot may contain traces of nuts.
Dmitry's company made an extremely smart move in hiring Joe Burton for their lawyer here. He's the same one who represented Kelly Goen and Phil Zimmerman when they were being investigated by the Grand Jury for PGP.
Joe Burton is arguably the best lawyer in the world for this case. Not only is he experienced in this area, he's an ex-Fed prosecutor (IIRC) and knows all the people involved on the Government side of things. He also believed strongly in the rights of people to use strong cryptography, and represented Kelly and Phil for free.
IMHO he's a rare bird; and I wish we had more like him.
Here's another extremely little known fact about the PGP case. Joe wouldn't touch handling suing the Feds involved with a ten-foot pole for violating Phil and Kelly's constitutional rights on Freedom of Speech with PGP. Apparantly he's still a little too close to some of the Feds to do this.
But I still think he's the best person for handling the criminal case. I would personally choose another for handling the civil-rights violation countersuit against Adobe and the Feds though. It will be interesting to see who's the best lawyer for this one.
What does this have to do with copyright? The DMCA is about writing software which defeats protection of *copyrighted information*. It is a law bought by the media companies to keep you from using their content in ways they do not have control over.
The DMCA is a bad law, but let's get our facts straight so that we can fight it most effectively. It is not productive to fanatically distort the law into some kind of root-of-all evil monster.
The DMCA tells you that if your vehicle is broken, its illegal for you to make or own a wrench to fix it or to hire a mechanic.
Furthermore, its illegal for you to look under the hood.
That would be a brilliant defense. Cuts through the technobabble BS in a couple of sentences.
BTW: People who spend real money, like a couple of mil for a package, get all the tools, all the source code. There is no DMCA.
The DMCA is only being pressed on by penny-ante people over penny-ante ephemera. Its basically against the consumer.
The (RI & MP)AAs members pollute the environment and beg you to buy the record or come to the theatre now but six months later, its in the deep discount bin as a last gasp halt on its way to the landfill. Where it belonged in the first place.
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
As much as I'd like to see the charges tossed out now (I doubt that DS wants to be a pawn in this... he probably just wants to go back to Russia), going to trial could be quite helpful. Unlike the 2600 trial, this one could easily be painted in a better light.
One of the things his software is capable of doing is to allow blind people to read these e-books. Imagine THAT testimony in front of a jury!
And what would Adobe's representatives say when they take the stand? (and you can be sure that they will) They backed off once. Will they say "No, this hasn't hurt us." Or will they backtrack once again and call for him to be put in jail. Surely their calls to have him released will enter into the testimony?
No jury of "average" Americans will be able to wrap their heads around the technical issues of the DMCA. It's going to be the simple things like "this software allows blind people to read e-books" that will sway them one way or the other.
-S
--- What parts of "shall make no law", "shall not be infringed", and "shall not be violated" don't you understand?
"I wonder if there's a way to write to Sklyarov and to donate money for his defense? Even if the charges are dropped, which I certainly hope for, I'd consider that money well spent (a small compensation for mental pain and suffering)."
Since the Internet started to become widely popular (say around 1994-1995) I have watched a number of on-line political hoo-haa's. The furor over the Communications Decency Act I & II comes to mind.
In all of these cases I have noticed a common thread: lots of people are willing to hit the "R" key in the e-mail program and contribute a fresh rant to the discussion. Very, very few people are willing to actually DO anything that might make a difference.
OK guys, this one's important. This is pretty much a key battleground in the future of on-line rights.
In that vein, here's a suggestion: (a) get out your _manual_ typewriter and write a letter to your three members of Congress explaining your views on this situation (b) contribute $100 each to DS's legal defense fund and a fund for his family's well-being (c) write out 3 checks for $50 each to your congresspeople's re-election fund.
Now, if in 6 weeks or so I see $10 million in DS's defense fund and 150,000 letters received on Capitol Hill, then I will think that on-line activitism means something.
My prediction: $10,000, a couple of hundred letters (remember - typewritten, hand-signed, stamped, and mailed). Net effect: ZERO.
sPh
Given that he was giving a speech at Def Con, I'd say his English is fine.
Just because it CAN be done, doesn't mean it should!
Arrest her! She is a hacker-theif!!
Actually, you don't. If a jury votes "not guilty" in a case, the law is still on the books, and still enforceable. All the jury decides, in a criminal case, is guilty or not guilty. Wether or not the law is constitutional is decided in the appellate courts.
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The part most people have a problem with is Title 17, section 1201. That's the section that contains the circumvention and reverse engineering verbiage. Also take a look at section 1204. That's where the criminal provisions are.
I like to play children's songs in minor keys.
"We're all sons of bitches now." --J. Robert Oppenheimer
Straight from 2600: "SKLYAROV RELEASED ON BAIL AFTER THREE WEEKS"
So the little scenario you pointed out is not happening, at least not right now.
And even if Dmitri is unhappy about being a pawn, well, Adobe made the choice for him. Now he has no choice. Adobe, meanwhile, tries to play both sides off the middle by going, "ohh, sorry, we really didn't mean it." I swear they put out ROT13 just because they wanted to arrest someone and prove that the DMCA makes life for corporate america safe.
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Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
Congress has already passed legislation to remedy the situation.
What if the whole affair about copyright and fair-use a red herring designed to distract attention from the real game: making it illegal to write software that competes in any way whatsoever with Microsoft's own work.
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