Sklyarov Indicted

Nutcase was the first to write with news from the AP that "Dmitry Sklyarov, 27 and ElComSoft Co. Ltd. of Moscow were charged with five counts of copyright violations for writing a program that lets users of Adobe Systems' eBook Reader get around copyright protections imposed by electronic-book publishers." Here's a link to the AP story at the Washington Post. Here is the story at Salon as well. Update: 08/29 01:57 AM GMT by T : Here's the EFF's release on the indictment, too -- including information about where to go if you'd like to demonstrate your reaction publicly.

Comments

This is a damn shame.

[jjn1056]

Now let's all concentrate on getting the guy home to his wife and kids, and not use him to further our political ends. If someone volunteers to be a test case for the FSF or others, that's fine; he did not, and is a unwitting victim of our police state.

Isn't this such a sad sight?

[phoenix_orb]

Why, in this country of supposed freedom, do we allow companies to control not only specific markets, (in the case of Micro$oft monopoly) but also allow them to lobby towards laws that take away freedoms, such as freedom of speech.

I know that ElComSoft Co. Ltd made mistakes when they started selling a program designed to defeat a specific type of encryption. I feel that this is wrong. Unfortunately, arresting a programer for giving a speech about how he broke the encryption is hogwash as well. (did I really say hogwash...)

This country (the USA) was founded upon ideals that one man can speak his mind, and express himself in whatever way that he chooses, as so long as it doesn't detriment others. (thus, yelling "fire" in a theater is wrong) I see no reason why showing an encryption to be faulty and how to circumvent it AS A ACADEMIC STUDY wrong. As I said before, I think that the company was at fault, but can the "oh so mighty" hand of the US touch a company in Russia? Nope, we can't, at least legally anyway. So the goverment uses a poorly worded law to push the corporate views on American people. What will be next? Will I be arrested because I point out a security hole in Microsoft's hotmail site? No, but if I start selling a product that will allow it's user's to read other's email, I can and I should be arrested. I don't believe that Sklyarov ownes this company, he is just a programmer.

This person has been arrested for violation of the DMCA. I don't believe in the DMCA, and unfortunately, I cannot make my congressman or senator understand why. (The breaking of encryption is over their heads, and copyrights and patents lasting forever is very vague to them as well.) They are too pressured my lobbyists throwing bags of money at them to listen to something that would blackball them in the lobbyists eyes. So what happens? More rights are taken away from all Americans, and 85% or more of Americans don't know of don't care.

It is a sad state.

Ben Franklin ( I think ) said that "the price of freedom is eternal vigilance." But Americans have become to apathetic to even care about there government, much less the actions that the government has been taking. And because of this more and more skewed laws have worked there way in the the US Code. Sadly, today, they could arrest almost anyone with the inordinate amount of laws on the books. They chose here and now to arrest Mr. Sklyarov. I hope that he wins, and I hope that the court system invalidates this very askew law. It would help put more freedom back into the individuals hand, and away from the greedy corporate entity.

not to "get around copyright protections"

[bigpat]

The software doesn't "get around copyright protections." Copyright is a legal protection, the software merely allows you to get around copy protections. Does anyone else think the difference is important?

Perfect Target

[Maul]

Unfortunately for Dmitry, he is a perfect target to be criminally prosecuted under the DMCA. I'm sure that the feds had many potential cases against domestic violators, but I think they chose Dmitry for a few reasons.

First off, he isn't a US citizen. He is a visitor from a foreign country. This leaves him with fewer resources, fewer rights, and little understanding of the rights he does have.
IANAL, and I don't know exactly what rights an accused foreigner has in the USA, but I'm sure that the feds are less inclined to play by the rules they have to when dealing with a citizen.

Secondly, he isn't just any foreigner, he's Russian. If the general public is going to take notice of the DMCA, the feds want a good impression. Lots of people (sadly and surprisingly) still view the Russians as "the enemy" and will view Dmitry as an "evil communist." Thus they might see the DMCA as something that fights the evil commies.

This also might strike fear into citizens of other nations, and convey the message that no country is as powerful as the US, which will FIND a way to subject everyone world wide to its laws.

As a Citizen of the US, I am very angry about this. Dmitry should be freed and sent home immediately, and then the White House should send an apology to the Russians for this behavior.
I know that they'd demand the same for one of our citizens cought up in a BS situation like this in another country.