Dmitry Sklyarov Gains High-Profile Defense Lawyer

Diesel Dave writes: "There's an article on Law.com about Dmitry Sklyarov's new Lawyer. Renowned San Francisco defense attorney John Keker has agreed to represent the Russian programmer pro bono. Keker is quoted as saying: "I think he is being unjustly accused and that's the kind of case I like to do." and "[The Government is] always welcome to dismiss the case, but we didn't come in to make a plea deal." This gives me the impression he has full intensions of fighting this to the end. Good."

Comments

Interesting decisions given recent events...

[MosesJones]

Given the current anti-tech rage being promoted in the US media this is a brave decision which should be applauded. While it is quite clear that this is a ridiculous case these are rapidly becomming ridiculous times.

"Ex-Commie tries to undermine US companies" is an all to easy headline to imagine. Its excellent that he has this defence lawyer, that should drive him into freedom, but the fact remains that the Don't Mind Capitulating Act is liable to get stronger rather than weaker... will Bush make this the one case where there isn't a back door to cryptography... probably.

This sort of thing is part of the reason why the US is now in recession, the driving of large corporations at the expense on innovation.

Great news - Keker is top notch

[hillct]

It's important that prescident setting cases of this sort are tried by the best available trial atourneys, such that the prescident that will be set can be looked upon as binding, regardless of which way the case goes. I'm suprised that more nationally renowned defense atourneys weren't all over this case from the start. It's nice to have good news in this case once in a while

--CTH

Re:Great news - Keker is top notch

[nachoworld]

Why is the U.S. such a big believer in precedents? No other country determines case outcomes based on precedent as strongly as the U.S. If we can get over our precedents maybe we wouldn't have to worry so much about the future. Things can be decided on a case-by-case basis.

That way cases like Bowen v. AHA (courts allowed Down's Syndrome patient to die from an easily curable gastric obstruction because the parents asked the doc not to operate *wink, wink*) won't really matter in the future.

There will always be cases that make bad precedents for the future. The AHA had a good lawyer (probably Keker caliber) and they successfully defended themselves. Who's to say which is the "right" precedent to establish in a case. Maybe if we didn't hold on so strongly to precedents...

Dmitri, PLEASE Go Home! :)

[Lethyos]

I really hope that Dmitry Skylarov can go home to Russia soon.

Yes! Go home! Quick, Dmitri, go back to Russia! Your presense here is showing Americans how stupid our legal system is and our people can't possibly remain ignorant for much longer! Shoo! Shoo!

Re:Symbiotic Relationship

[startled]

Actually, he's already high-profile enough that he doesn't need the advertising. He can already pretty much name his fee.

Sure, maybe he can charge a couple more bucks-- but that'll hardly balance out with what he would've made charging a different client during the hours he spends on this case. And sure, maybe he enjoys being in the papers; and maybe his clients expect that from him.

But basically, he's already got plenty of money, and his practice is plenty successful. If he were just in it for the money, he wouldn't take this case. You'll find that a lot of defense attorneys (and prosecutors) really care about what happens to their client. Sure, Keker's probably not some anti-DMCA zealot, but he wouldn't have taken this case if he didn't think Sklyarov's prosecution was unjust.

Yes, cynicism is good, and with lawyers, it's doubly important. :) But contrary to popular belief, most of them are not soulless, money grubbing ambulance chasers.

Some bio info

[Leven Valera]

is available here. http://www.kvn.com/attyjwk.html

This is very good. With the recent events in NYC further stigmatizing the public's view of technology, Keker taking the case is an excellent move to bring Dimitri's case into proper perspective.

It's sad that this matters

[mickwd]

While I'm very happy for Dmitri Sklyarov, it's rather a sad indictment on the judicial system that having the one of the best lawyers seems to matter so much.

Surely any competent lawyer should be sufficient to point out the facts of the case, and allow a reasonably impartial judge and jury to judge the case accordingly.

Sadly, this doesn't appear to be the case.

And no, this isn't intended just to be an attack on the US justice system. I'm sure other countries are as bad (even if some of our laws aren't as bad in this regard - at least, not yet).

High tech vs Precedents

[Gorimek]

It seems to me that there is a problem with high tech in a precedent based judical system. Common law seems to be based on the assumption that things pretty much stay the same.

The first case to be determined regarding some new and revolutionizing tech development is bound to be heard by judges and lawyers who aren't familiar with it, probbaly somewhat scared and confused by it, and when the full consequences of it is not understood. That sounds like the wirst possible time and way to determine how to handle it in all future.

What happened to the law that cars could only drive 5 mph and have a guy with a red flag walking in front of it?