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Sklyarov Update
Seth Schoen writes: "Dmitry Sklyarov's arraignment has been rescheduled to Thursday, August 30. It's at the same location where it was originally supposed to take place this past Thursday. The arraignment is scheduled for 9:30am PT, Thursday, August 30. The hearing will be held with US Magistrate Judge Richard Seeborg presiding, in courtroom 4, 5th floor of the Federal District Court for the Northern District of California, San Jose Branch, 280 South 1st
Street, in San Jose, California."
Schoen continues: "This week is also LinuxWorld
Conference and Expo in San Francisco. Since many Sklyarov supporters are Linux users, there should be a lot of activity around the conference. Two events have been scheduled this week in San Francisco to take advantage of LinuxWorld:
Free Dmitry party and fundraiser, Wednesday, August 29, 7:30p to midnight, 201 Ritch Street, 2nd floor. (This is walking distance from Moscone Center, where LinuxWorld is being held.)
This party will feature speeches by Lawrence Lessig and Richard Stallman.
Free Dmitry protest march, Thursday, August 30 (same day as the arraignment), leaving Moscone Center at 11:30a, parade through the city to the Burton Federal Building in Civic Center.
Five other events that same day have so far been reported to the freesklyarov.org calendar: Boston, MA; Moscow, Russia; London, UK; Los Angeles, CA; Black Rock City, NV (at the Burning Man festival)."
Just to know if fellow canucks are planning anything...
I mostly hyperlink my point of view. http://www.afroginthevalley.com/
Are you expecting a big /. turnout at the courtroom?
stallman and lessig ... rassputen and stalin. right on!
Having attended his bail hearing earlier this month, I know he's been in 3rd party custody and required to stay in Northern CA, and check in periodically. Anyone know what he's been doing the last 3 weeks, besides working with the lawyers for a defense? Seems like he'd at least take a little bit of advantage in a forced stay in NorCal, but then again, I've never been in his position either.
Experiments must be reproducible; they should all fail in the same way.
Moscow, Russia
Why has Putin been silent on this? You think that there would be *SOME* sort of official/semi-official protest from the Russian government!
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
Anyone know how the other hearing last Thursday turn out? It was discussed last tuesday alongside Dimitry's hearing. The case is DVD CCA v. Bunner.
The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
I am within driving distance of the court house and this is something I feel strongly enough about to take a day off work and make the 4 hour trip. It would be nice to coordinate my efforts with other like-minded individuals and present a unified front against this type of corporate harrasment against the rights of the individual.
Anyone with information, it would be appreciated.
Thank you,
-- RLJ
... a plea bargin. D. will cop a plea that will allow punish him with time served, and maybe an agreement not to work on the e-book software again (or at least not work on it and show his face in America again). That way the Pro DMCA folks can claim victory ("see, the system works... our copyrighted works are as safe as ever") and get rid of any sort of martyr they had for the Anti-DMCA crowd. D. will accept simply because he can finally go home. (and I don't blame him... sure I'd like to see him--or anyone else for that matter--stick to his guns and take this bad boy the distance, but to quote NWH's Tone Def: "Lock up's a bitch.")
Does anyone know how his wife and kids are holding up during this ordeal?
Is there a way that we can contribute monetarily to helping them through the hardship of not having Dmitry around?
o/~ Join us now and share the software
-foxxz
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AFAIK, UK law allows prosecutions to proceed in the face of reluctant or hostile complaintants. US law is far more complaint dependant.
I am sure that they will appreciate all of the legal help and donations that you can scrounge up.
On the other hand, if all of the attendents at the Expo were able to block the San Jose traffic for a few hours with their march, it might help with the publicity on a national scale.
maybe
- - -
Radio Free Nation
"If You have a Story, We have a Soap Box"
- - -
"It is a greater offense to steal men's labor, than their clothes"
Check out this oped by Linda Seebach. It's nothing folks here don't know, but it's put together clearly and beautifully for popular consumption. I think it's a sign that the general public is catching on to the dangerous idiocy of the DMCA.
InstaPundit! Ahead of the Curve Since 30 Minutes Ago
D'oh !...that looked like Homer Simpson !
Feel free to concat me with all your troubles...
i used to love Adobe, but they better not let this injustice continue , Mac user loyalty will only go so far
www.jinwicked.com she made me do it
We're rallying in Boston on Thursday the 30th, the day of the arraignment. The protest is happening in Copley Square in front of the Boston Public Library, at noon. We're hoping for our biggest turnout since the first protest right after Dmitry's arrest. For more information see boston.freesklyarov.org.
Fight for your right to read books!
the right to a speedy trial (6th Amendment)? "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, ..." It seems that it's been several months since Dmitry was first arrested, surely he has the right to be arraigned within less than a week. But then again, you only have rights if you know how to demand them, as a russian he wouldn't know the ins and outs of American jurisprudence (not to imply that more than a handful of Americans know how to successfully demand rights from freedom violators)..
Learn the rules so you know how to break them properly.
www.teslabox.com
Life's a buffer; you can only get out of it what you put into it! C:-)
Actually, in many ways he is getting a speedy trial. Mind you, 'speedy' is relative-- in this case, and no doubt lawyers could argue. July 17th to August 30 isn't that unusual for our always overloaded court system.
That he was held for a long time without bail was more interesting (he wasn't released until Aug 6, or about two weeks). Your primary right is to, if you are taken into custody, to be charged with something formally and to have your initial hearing, during which they also set bail.
The letter of the law seems to have been followed, even though the results of it are kinda weird. I don't think there'd be much of an argument on the process, but there are a million and one tactics the lawyers could use.
They could argue the validity of the charge, or jurisdiction, or DMCA itself, or whether due process was followed, or a lot of other things. Trial law is really weird.
It should be interesting to see the result, since some of the arguments may free him quickly, while others would attack the law itself-- a larger gain for society (IMHO) but perhaps suckier for Sklyarov.
A.
Everyone who gets arrested or fined in connection with the DMCA deserves a free DeCSS t-shirt. Definitely.
--hongpong.com
i wonder how dimitri is liking his stay in federal pound me in the ass prison. i bet his asshole is the size of goatse mans. fucking and sucking black dicks for 23 hours a day can do that to you.
Bush is in office now, genius, and cant be killing prisoners with his former abandon.
oh wait, she was bombed by the FBI.. now if they only did that to the pentigon...
jenna and the gnomes together again..
If you're too scared to click the link, here's what it says:
"Many men enjoy some form of testicular stimulation during sex. One of the most sought after techniques is referred to as teabagging, after the motion of dipping a bag of tea into and out of the water. Drop your head below his scrotum, with your lips pointed upward at the scrotum. Allow him to lower his scrotum into your mouth. Suck on one testicle, then the other, then both if you can stretch around. Use your tongue to lick the testicles and the base of the scrotum. Take care to be gentle around this area, as men are very sensitive. Start slow and gentle, then work your way up in intensity, watching his reactions closely. Try stroking his penis while you're teabagging for some extreme oral fun."
I guess the negotiations fell through? I remember reading somewhere (though I can't remember where) that the reason the original hearing was postponed was because the EFF were trying to reach a settlement with the DoJ. Does this mean that the DoJ are gonna take this as far as they can?
What I've never understood about this situation is why the FSF and and its supporters are rallying around this guy. This is a proprietary software author, in trouble for writing a proprietary software program.
Isn't Free Software supposed to be about liberty? Doesn't proprietary software enslave, subjugate and dominate people? I can't imagine a bunch of freed slaves in the North during the civil war crying for the release of a Southern slave owner so he can go back home and continue his crimes against humanity. But that's exactly what RMS is doing here, according to his own words. Proprietary software enslaves people and he wants to free someone so he can continue enslaving people.
I don't get it.
Or is this whole Free Software philosophy just a fraud and an excuse to bitch at stuff you don't like?
--posted anonymously for obvious reasons---
CNN...
"Sklyarov is due to be arraigned Thursday, but both sides will ask a federal judge to postpone the hearing by a week, lead defense attorney Joseph Burton said Wednesday."
Now I'm not saying that the ENTIRE delay was agreed to by his lawyers - but we are talking about a landmark case here.
http://windows.scares.us
"In America, bail means life! We will not stand for prisoners being released on bail, after serving only a short term, when it was always intended that they should serve life."
I don't know what's scarier, the notion that it's the kind of slip dubwuh could make, or the notion that it appears to be becoming true.
Before hacking someone else algorithmns (yeah yeah so fucking what if its not security - its still Adobes) and commiting a crime under US law and then coming to the US and making a big deal about if as if he could get away with anything if he wrapped himself in the flag of free software and free information.
now hes been caught and has to face the consequences of the crime his wife and kids have to suffer - this guys no hero to me or anyone else - hes a hacker and a loser and he will go to jail - i feel sorry for his family - their father was too arrogant to think about them in all this.
I believe this is how they can not only detain him, but call him a spy, etc...
I think they would really have preferred doing this to a citizen, but they would be soooo wrong. The powers that be are using this as an example, hoping to scare anyone else who breaks encryption.
I hope this doesn't have a chilling effect, because the worst hackers are better than the best oversight committee when it comes to getting down to the truth.
(If you've ever seen INF agents at work, this might also explain a few other things =:(
This mind intentionally left blank.
The KKK a bunch of sheetheads? You decide!
It's very possible that he'll cop a plea to some reduced charge with a plea-bargained penalty of time-served and a swift departure from the U.S. Frankly, in his position, I'd take that offer in a St.Petersburg minute and bugger off home to see the wife and kids.
This is also an attractive scenario for the Feds - they avoid backing down, and this nasty problem flies off out of their jurisdiction, and they can go back to chasing Hannibal Lecter or whatever.
The anti-DMCA lobby really wants a nice test-case to argue, but this isn't it:
- Dima isn't an activist and hasn't "volunteered" to be a test case. The 2600 folks and Dr Felten have (to some extent), and are both in much stronger positions to defend
themselves than is Skylarov.
- This case is complicated greatly by the
international dimension and the jurisdictional
questions that arise.
- Adobe's change of heart complicates matters - a judge could throw out the Feds' complaint because of this, without ruling on the
constitutionality of the DMCA or the Feds'
interpretation thereof.
If I may be foolish enough to offer a prediction - I think the Skylarov case will only serve to muddy the DMCA waters further - it'll take the case that examines the conduct of an American citizen acting in America to clarify things.## W.Finlay McWalter ## http://www.mcwalter.org ##
If you really want to test the DMCA, write a page that uses JavaScript to disable the right click in order to "copy protect", then sue Microsoft for a) that you can still do a "File/Save As...", and b) the fact that you have an OPTION to turn off JavaScript, thus circumventing your copy protection.
Who Wants To Date A Norwegian?
So you live in South-central LA, do you?
-- I'll cut you up so bad, you'll wish I'd never cut you up so bad!
...because along with the hundreds of peaceful protestors waving anti-DMCA signs and singing anti-DMCA filk, there will be 12 cretins throwing rocks at the police. The media will arrive, get the rock throwers and their gassing/arrest on tape, and then call it a day. Joe Schmoe in Albequerque will turn on the TV that day and "learn" that the protests in San Jose were another bunch of hundreds of brutal anarchists throwing stones at the police. What a shame, he'll think, and change the channel.
Publicity? Bah. Good luck.
-Kasreyn
Kasreyn: Cheerfully playing the part of Devil's Advocate to hairtrigger
"...In June Felten sued the recording industry, asking for immunity from prosecution, and in turn representatives of the industry said they never intended to sue Felten."
Reread this. He asked a group of corporations for "immunity from prosecution". Basically, they are treated like a government now. Think on this awhile: We seem to have two governments at the moment, one which is by the people and for the people, and one which is by the CEO's and for the CEO's. The latter seems to be devouring the former.
But what happens if we have a civil war...?
-Kasryn
Kasreyn: Cheerfully playing the part of Devil's Advocate to hairtrigger
I suppose that your horse does count as a real chick...
A quote from one of the handful of people who know how to demand their rights:
"BTW, when you are in custody, they have only 30 days to get you to trial, which they [prosecutors - krkrbt] CANNOT do due to incompetence. When you bail out ["bail out" = post bail - krkrbt], you lose some good strategies, plus you give them an additional 15 days (50% more time) to get you to trial. And when you waive your right to a speedy trial, it can go on for years. This is why a few nights in jail to get a good false arrest case can be worth it. You could have had them, according to already decided cases [wish I could find the case-law for these numbers.. email me some other time. -krkrbt]. You let the tiger's tail go. Good luck!! You might be able to grab it again. They [governmental prosecutors -krkrbt] are often incompetent, and unable to recognize your prior errors."
email me if you'd like to know more about the author of the quote (where it came from, etc).
Learn the rules so you know how to break them properly.
www.teslabox.com
Just in case the JBT's try to hassle you, make sure you don't take any ID with you.
If the pigs raid the party and demand to know who you are, tell them that the USA is not yet a place where a citizen has to comply when a JBT demands his papers, and they can go fuck themselves.
Note: Make *sure* that you're not actually carrying a California driver's license with you, because there is a blatantly unconstitutional statute here that says that if a California cop asks you for the license, you do have to show it, even if you're not driving a vehicle. (The theory being that the license is a document which belongs to the state, not to you, even though you paid for it.)
Now, the chances are that there will be quite a few lawyers at the party, so the pigs probably won't have the nerve to try anything, but it doesn't hurt to be prepared. Take your camcorder and camera. In fact, if you can, take a news reporter with you.
-jcr
Thanks, officer. It's good to be reminded that the FBI is the same outfit that harassed Martin Luther King with death threats.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
Just in case the JBT's try to hassle you, make sure you don't take any ID with you.
If the pigs raid the party and demand to know who you are, tell them that the USA is not yet a place where a citizen has to comply when a JBT demands his papers, and they can go fuck themselves.
Note: Make *sure* that you're not actually carrying a California driver's license with you, because there is a blatantly unconstitutional statute here that says that if a California cop asks you for the license, you do have to show it, even if you're not driving a vehicle. (The theory being that the license is a document which belongs to the state, not to you, even though you paid for it.)
Now, the chances are that there will be quite a few lawyers at the party, so the pigs probably won't have the nerve to try anything, but it doesn't hurt to be prepared. Take your camcorder and camera. In fact, if you can, take a news reporter with you.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
It is absolute bollocks to state that 2 white people who have kids or 2 black people who have kids are "racist" and "inbred". You are thinking of people who interbreed within their relatives (causing all sort of diseases), that is what inbred means.
All the "races" (ethnic groups is probably a better phrase) on this earth have enough diversity within themselves to support a wide range of traits.
Just think about it, are all white people alike (as in clones), all black and asians too"? Don't you have fat whites, blacks, asians, skinny ones, tall ones, small ones, etc.
It is a downright insult to call all people who have 2 parents from the same ethnic background "racists". Racism is a state of mind, it is not a matter of who has kids with whom.
Although racists probably will conciously go for a partner within the same group, it does not add up that everyone who makes such a choice is automatically a racist.
I think it would rather be something like:
A slave owner is being procecuted for reading books. RMS would in this case be protecting the slave owners right to read. This does not mean, though, that he is supporting slavery (a totally different subject).
It's like protecting racists' right to have their opinion, but not necessarily agreeing with them (that is, letting the company design circumvention devices even if their closed source product is opposite his thinking).
I think he's got it... they win both ways. We'll be stuck with this until they try to lock up somebody's grandmother.
The revolution will NOT be televised.
The location where the audition will happened is very close from the SJ immigration and naturalisation services (INS) office. If you happen to be a Russian immigrant and your interview day at the INS is that same day, please drop by in front of the court building to show your support after you are done with your green card application. Thanks.
-- I feel better now. Thanks for asking.
Any chance of getting this trial televised? A petition to CourtTV perhaps?
Each person does what is appropriate to him or her. One person may give $100 to cover personal hardship. Another person may organize a demo. Someone else may have access to directly (or indirectly) lobby a Senator. Some other person may have the expertise to research for the defence.
NONE of those actions is bad. ALL of them are needed. Very few people are going to be able to do all of them. What each person does may be unique to his or her own circumstances.It may also be uniquely valuable to the process.
Giving money to Sklyarov may give him the financial breathing space that he needs to stay put and really fight this issue, rather than bowing to some plea bargain so that he can get back to a normal life. This is no less important than any of the other political work that is going on around this issue. If someone could arrange for his family to come out here, it might also make it easier for him to fight this issue powerfully.
I think that we should be thankful for anything that moves this issue forward, and then look to what's needed next.
Free Software: Like love, it grows best when given away.
You've got to remember that the exchange rate between dollars and rubles is astronomical (30 Rubles to a dollar as of 8:00USEDT on Aug272001), and basic staples are cheaper there. Besides, a whole bunch of $5-20 contributions adds up!
LeeR