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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."

15 of 228 comments (clear)

  1. Interesting decisions given recent events... by MosesJones · · Score: 5, Insightful


    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.

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    An Eye for an Eye will make the whole world blind - Gandhi
  2. Great news - Keker is top notch by hillct · · Score: 4, Insightful

    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

    --

    --Got Lists? | Top 95 Star Wars Line
    1. Re:Great news - Keker is top notch by nachoworld · · Score: 4, Insightful

      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...

      --

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      I'm just an ordinary man with nothing to lose.
    2. Re:Great news - Keker is top notch by Jason+Pollock · · Score: 5, Informative
      No other country determines case outcomes based on precedent as strongly as the U.S.

      How about the UK, Canada, Australia, New Zealand and any other common law based country? Their entire system of law is based around the body of prior court decisions.

      Precedent is powerful. It demonstrates what the higher courts decided was meant by the law, because they let the decisions stand...

      Jason Pollock
  3. Re:I never thought I'd hear myself say this... by AndroidCat · · Score: 5, Funny

    Okay, so we don't kill all the lawyers.

    --
    One line blog. I hear that they're called Twitters now.
  4. Bravo! by pschmied · · Score: 5, Interesting
    This is really good news. I really hope that Dmitry Skylarov can go home to Russia soon.

    On a side note, this case has gotten much more attention in international circles than it has in the US.

    At my university I've met a woman from Ukraine who claims that for a while, atleast, there was daily coverage of the Skylarov predicament in the Ukrainian newspapers. Much like our terrorist coverage continues to dominate the news here in the land of the home, and the free of the brave.

    For a moderately non-technical person, she seemed to have a very good grasp of the issues, albeit with a touch of (IMHO justified) "the US is doing this because they can" spin.

    Well, I digress. Congrats, Dmitry. I hope you make it back to Russia before I visit there this winter.


    -Peter

  5. Symbiotic Relationship by Lethyos · · Score: 4, Interesting

    Not that I find fault with it, but Mr. Keker has just as much to gain from representing Dmitri as Dmitri himself. Keker will gain a great deal of press and attention, whether or not he wins the case. Dmitri on the otherhand, now has a fighting chance at getting off clean from this injustice.

    Hopefully, this is the kind of trend we can expect. As the open source and free speech movements (funny you have to think of it in those terms these days - thought we already had that one down) become more and more publicized, we may see more and more lawyers jump into the fray on our behalf for their benefit.

    Again, not a bad thing, but we don't want to be misguided into thinking that these lawyers working pro bono support our causes. They just as soon would take a $1M check from Microsoft.

    --
    Why bother.
    1. Re:Symbiotic Relationship by startled · · Score: 5, Insightful

      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.

  6. Press Release by brad3378 · · Score: 4, Funny

    &gt John Keker has agreed to represent the Russian programmer pro bono

    AP - Moscow: In a briew interview with the lead singer of U2, Bono denies allegations with regards to involvement in writing software that is used to break copy protection schemes. Although Bono admits to using similar software to pirate his own music, He believes that he should be able to write whatever code he likes. Bono refused futher requests for an interview.

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  7. Dmitri, PLEASE Go Home! :) by Lethyos · · Score: 5, Insightful

    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!

    --
    Why bother.
  8. Nonsensical. by www.sorehands.com · · Score: 4, Interesting
    "Generally, they are the kinds of cases the government wouldn't even know about if they hadn't been contacted by the victim,"

    They say this as this is specific to hi-tech crimes. Most property crime, extortion, rapes, battery, assualts, only only known by the government when the victim makes a complaint.

    I am suprised that Dmitry didn't bring a lawsuit against Adobe and the government for retaliation under the ADA. He was aiding others in making a reasonable accomodation by breaking the software to allow it to be converted to speech for the blind.

  9. More people like John Keker. by BrookHarty · · Score: 4, Interesting

    "I think he is being unjustly accused and that's the kind of case I like to do," Keker said Thursday.

    Bravo.

    As programmers write code to further the cause of opensource software, we need skilled Lawyers to protect our rights. Its war, and the battle will take place in the courts.

    Ashcroft tells it all - Political Cartoons at Political Strikes

  10. They should sue Adobe by shankark · · Score: 4, Interesting

    The release doesn't mention whether Skylarov will press for damages if acquitted, seeing as he is pitted against the US government. But I think, Keker must file a simultaneous petition to seek damages from Adobe. That should teach them to stop acting like idiots. One moment they are crying foul to mamma, then they see there's nothing in it for them, and then sheepishly wanting to opt out. Show them how the jungle law of the West works, Keker!

  11. Some bio info by Leven+Valera · · Score: 4, Insightful

    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.

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    Woot w00t w007.
  12. It's sad that this matters by mickwd · · Score: 4, Insightful

    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).