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Sklyarov Clarifies Circumstances of Release, Testimony

*ZiggyP0P* writes: "We remember hearing how Dmitry was let off and released (so he can finally go home) but how he had to cooperate with the government in the prosecution of his employer as a plea bargain. Turns out that this was all a lie by the Justice Dept. Skylarov has released his own statements which explain what exactly happened. He has entered into no legal plea bargain and he is still employed by Elcomsoft (even though the justice dept called him his former employer)."

29 of 280 comments (clear)

  1. What?! by Legion303 · · Score: 5, Funny
    The government lied? Stop the presses!

    I'm glad for the opportunity to see exactly where they lied, though. Thanks, Dmitry.

    -Legion

    1. Re:What?! by digitalunity · · Score: 4, Insightful

      Yes, the government often speaks out of the side of their mouths. However, this is blatant and obvious miscoduct.

      There should be some inquiry into this matter.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    2. Re:What?! by Syberghost · · Score: 3, Funny

      Yes, the government often speaks out of the side of their mouths. However, this is blatant and obvious miscoduct.

      There should be some inquiry into this matter.

      Moderators: If you have to look up any of the terms I've used, don't moderate me. You're probably confused.


      So, if we don't know what "miscoduct" is, we can't moderate you? :-)

  2. Backpedal! by chill · · Score: 5, Funny

    Spin spin spin. It looks like the gov't is backpedaling fast and putting on spin in hopes it will all go away.

    "Cooperate" probably means he agreed to take their phone calls.

    Some junior D.A. probably wanted to make a career on a "big, bad, Russian hacker" and found out real life isn't like a Hollywood movie.

    --
    Learning HOW to think is more important than learning WHAT to think.
  3. legal action by blank_coil · · Score: 4, Insightful

    Can he sue for being wrongfully imprisoned? I mean, he was jailed for 5 months, does he get some kind of reparation for his trouble?

    --
    No sig for you.
  4. Re:Skylarov rates high on the Trust-O-Meter, eh? by chill · · Score: 5, Insightful

    Bill Clinton, Al Gore, Janet Reno, FBI @ Waco, Ruby Ridge, etc.

    The gov't has demonstrated not only a willingness, but an eagerness to lie on all fronts over anything that might be potentially embarrasing.

    Why stop now?

    --
    Learning HOW to think is more important than learning WHAT to think.
  5. saving face by ryusen · · Score: 5, Insightful

    sounds to me like the gov't is just trying to cover what they finaly realised to be a big mistake on their part... now they need to make it look like they are going easy on him out of sympathy or his "cooperation."

    i also remember in another article (can't remember where), his employer even offered to stand trial in his stead if they released dimitry... i found that to be quite admirable myself

    --

    I believe sex is highly over rated... unless it involves me
  6. Defamation Charges by bstadil · · Score: 5, Interesting

    If the statement by Skylarov is indeed the "Fact" then he should have a very good case for Defamation charges against the US government. Hope they file this is a Russian court so any claims agains the company will have a local offset. The DOJ made a mistake but they can't admit to that. Anyone found it poetic Justice that Adobe was barred from selling InSIde due to Patent Infringements.

    --
    Help fight continental drift.
  7. The Best Part.... by spongebob · · Score: 4, Offtopic

    Is how they are trying to use this crap to "teach" a lesson. Know your rights!!!!

    I think that Neo said it best:
    "How bout I give you the finger and you give me my phone call."

    I still think the biggest punk in the whole process is Adobe...they backed out of the process in order to save some face on thier own knowing full well it was too late to stop the prosecution. grrr....

  8. Adobe's Strategy Backfires? by GGardner · · Score: 5, Interesting

    Before Dmitry was detained, who had heard of Elcomsoft? Apparently, they had sold very few copies of their software. Not that they'd asked for it, but now they've got more publicity than they could have paid for. I wonder if sales are picking up too? Could it be that Adobe's strategy has completely backfired?

    1. Re:Adobe's Strategy Backfires? by markj02 · · Score: 5, Insightful

      The legal proceedings were started by the AG. What Adobe did is throw their weight around to get the AG to file charges against Sklyarov. Nor did Adobe "withdraw" or change their mind--they merely sent out a nice-sounding press release after the damage was done and there was nothing else for them to do. And Adobe's press release restates their position on copyright and the DMCA. Adobe hasn't gotten any nicer.

  9. All a lie? by anthony_dipierro · · Score: 3, Insightful

    Turns out that this was all a lie by the Justice Dept.

    What exactly was a lie? He did enter into an agreement. The government never said that he admitted guilt. Sure, they screwed up the employment status, but that is likely a minor oversight, not a lie. Much more minor than slashdot's "lie", saying that he agreed to testify against Elcomsoft.

  10. Link to FULL TEXT of Skylarov document by Seth+Finkelstein · · Score: 5, Informative
    It would be helpful for the discussion to be informed by

    The FULL TEXT of the document regarding Skylarov

    Further, deponent sayeth not (at least in this message ...)

    Sig: What Happened To The Censorware Project (censorware.org)

  11. Kudos to Elcomsoft by r_j_prahad · · Score: 5, Insightful

    Everytime I read yet another update to this semingly never-ending ordeal, one thing that remains constant is what a wonderful employer Elcomsoft must be to work for. They've stood by Dmitry's side beginning with day one, they're still hanging in there fighting for him, and their CEO even offered himself up in a bizarre "hostage exchange" scenario.

    I hope all of the employees of Adobe are truly embarrassed about this.

    1. Re:Kudos to Elcomsoft by arkanes · · Score: 4, Insightful

      You'd think someone who reads slashdot would know more about it, but lets make it perfectly clear - the product is not illegal in Russia. And having a CEO offer to take personal responsibilty for something when a subordinate has been blamed is pretty fucking unheard of ANYWHERE.

  12. Maybe missing the point by bstadil · · Score: 3, Insightful

    Maybe I am putting words in your mouth that you never meant but it seems to me that going back to the "Source" is not quite valid. The issue at hand is the perception that he had admitted "wrongdoing" that is perpetrated by the DOJ / Press release. We have seen again and again the government's refusal to protect its citizen, let alone a foreigner, from its own misconduct. This got to stop.

    --
    Help fight continental drift.
  13. Challenge to DMCA by sabinm · · Score: 3, Interesting

    This actually means two things

    1.Dimitry will not face any charges, nor will have a felony record.

    2.Since this is not a case of testifying against Elmsoft, this means that a challenge to the DMCA is still possible, with a legitimate corporation with relatively large coffers defending itself.

    So really, the tech-culture gets its day in court without any criminal reprecussions and we get a constitutional challenge to a very unconstitutional law.

    Way to go, DOJ, I knew you were on our side!

    --
    http://cincyboys.blogspot.com/ Everything Cincinnati. Including the word 'Finnih'
    1. Re:Challenge to DMCA by Uncle+Warthog · · Score: 3, Interesting

      Dimitry will not face any charges, nor will have a felony record.

      Unfortunately, this isn't what this means. What the government has said they're doing is defering prosecution until a later date.

      They've said they'll considering dropping charges after a year or after ElcomSoft is tried, whichever comes later, only if he has met his "obligations". If he hasn't, they'll just place him back on trial in a year or whenever the ElcomSoft trial is finished, whichever is later. The wording of the government agreement seems vague enough that they could simply change their minds at that point, making up some "obligation" he didn't meet.

      The challenge to the DMCA is still possible but may not be able to go very far considering the fact that ElcomSoft is not a U.S. corporation. (At least I'm pretty sure they're not. Does anyone here know for sure?)

      There is still plenty of chance of criminal repercussions from all this. There will still be a trial against ElcomSoft and there could still be one against Dmitry as well with possible convictions coming from both.

  14. Song for Skylarov (reprise) by kitts · · Score: 5, Funny

    Young man,
    there's no need to feel down
    Because your plane
    back home can't get off the ground
    I said young man,
    Get comfy in your new town
    There's no need to be unhappy.

    Young man,
    There's no place you can go
    I said young man,
    Until you cough up some dough
    You will stay here
    until you've served all your time
    For your insignificant crime.

    It's fun to stay in the U S of A,
    Because of that old grand D M C A
    For cracking DVD's,
    Or an e-book or three,
    You'll get jailed for eterniteeeee...

    It's fun to stay in the U S of A
    Because of that old grand D M C A
    For proving to the world
    That our encryption's a toy
    You'll get jailed with all the boyyyyyyys...

    --
    -------------------------------------------------- ----
    charlton heston is more of a man than yo
  15. Another reason for civil disobedience by argoff · · Score: 4, Informative

    This proves two things:

    1) It must be obvious to everyone that the DMCA is unconstitutional

    2) DMCA type laws are never going to go away till we attack the root of the problem, copyrights

    Unless you think that we're going to conjure up a propaganda machine the size of the movie industry, or that the government will suddenly start protecting liberties again, civil disobedience is the only way to go.

  16. Shame on us by volpe · · Score: 5, Insightful


    I hope all of the employees of Adobe are truly embarrassed about this.


    I'm embarassed about this, because my government is making our country look like an ass.

  17. Sigh... by sheldon · · Score: 3, Informative

    It's one thing to accuse the government of being corrupt. It's quite another to pin the blame for this corruption on the very parties who tried to clean it up.

    I'd very much appreciate you explaining each one of these incidents.

    I'm very much curious what you think Janet Reno did that was wrong. The only thing I can recall is her listening to the Republican appointees in the FBI when she first took office. Thus begat Waco. Both her and President Clinton apologized for that, and cleaned house in the FBI.

    What always amazes me is how ignorant, stupid and partisan Republicans are. This idiot is trying to pin the blame for Ruby Ridge on the Clinton Administration when the event occured in '92.

    But I'll bet back in '92 if it had gained any news coverage this moron would have claimed we shouldn't criticize the FBI because that's not patriotic.

    It makes me want to puke just thinking that my family has died protecting the rights of scum like this.

    1. Re:Sigh... by BrookHarty · · Score: 3, Insightful

      Government in general is corrupt. It takes large amounts of money to run for office, and the steady of stream of favors just perpetuates our corrupt republic. District attorneys need to have high profile cases for promotions, Police departments need to take houses and cars from citizens for their police budgets. Senators and Congress are to busy with campaign funding, and re-elections. Judges plan for cushy jobs with law firms and big businesses when they are off the bench.

      Dmitry was lucky that the government didn't want to continue with the case, the feds could of pushed it and won. Busting (Imaginary) hackers helps everyone in our corrupt government.

      -
      It is dangerous to be right when the government is wrong. - Voltaire (1694 - 1778)

  18. Re:Skylarov rates high on the Trust-O-Meter, eh? by InsaneGeek · · Score: 4, Flamebait

    You have it so wrong, please actually think about the facts before spouting off, like some brainless slashdroid. Using your analogy it would properly be stated like this...

    An American gun maker/seller being arrested in
    Japan for making guns in the US & selling them in Japan.

    If his dumbass company would not have had their servers located in the US, it would not be an issue, but because the servers were physically located in the US, it is breaking the law *IN THE US* (download from Chicago, and the credit card transactions occur from a town in Washington, both IN THE US). That's what all the mindless droids don't get, it's not that it was created in Russia and somehow we are locking up people who do things legal in their home country when they come to the US. As long as they don't do their shit *in the US* then we don't do shit (and looking over history we haven't done anything until they physically bring it to the US). This was the entire point of Sealand (Havenco) do your shit in their country where just about anything is legal and other countries can't touch you, because your doing transactions physically in another country.

    Sheesh, sometimes people really need a cluestick to the head.

  19. wordsmithing by nhavar · · Score: 3, Interesting
    Notice that the original state statement mentions that he admitted to his "conduct" not "misconduct". Meaning that basically he admitted that he wrote a program that cracked the adobe file, not admitted that what he did was wrong. The second point is that he agreed to aid in the prosecution, well maybe he agreed to testify and the prosecution wants to use that testimony but that doesn't equate to him actually agreeing to "help/aid" the prosecution.

    personally I think that the government is going to jerk around until enough people forget about this. I think in hind sight they do not want this very high profile case to go to court, likewise none of the media companies want it there either. They want this law to sit on the books for awhile and become "accepted" before anyone tries to test it. I'm sure another year from now we'll here some snippet blurb saying that the govt and elcomsoft entered into a "Plea" agreement where elcomsoft agree's not to sell the product in the US in exchange for the small slap on the wrist or "deferred" sentencing. What a joke!

    --
    "Do not be swept up in the momentum of mediocrity." - anon
  20. If absurd US laws are applicable in Russia... by evilpaul13 · · Score: 4, Insightful

    Why was Dmitry arrested? "His" program was under US Copyright Law a "work for hire", and therefore he never owned it in the first place.

  21. Waco? by jdavidb · · Score: 4, Insightful

    I live in Texas, and I still don't think the govt did anything legally wrong at Waco. All I know is, a bunch of nutties with guns were down there plotting to eventually kill me and my family, and a bunch of govt agents got themselves shot trying to take them out before they all killed themselves.



    It blew my mind how conservative talk radio immediately tried to picture these guys as, "Just peaceful, churchgoing, religious folks exercising their 2nd amendment priviliges.

  22. Accepted. by nyet · · Score: 3, Insightful

    Truthfully, I was nodding when I read your original post. Our founding fathers had the luxury to flee to a completely new continent (albiet one populated by some pesky indigenous peoples that needed wiping out). We, however, have no such luxury. When people say idiotic things like "love it or leave it" they don't think to ask "leave for where?"

    Another continent ruled by ogilarchy and the same corporations as every where else? Bummer.

  23. I'm sick of this! by Sj0 · · Score: 3, Insightful

    You americans should be sick of your governments behaviour. Lying? Urging the people not to question their government? Regular people being harrased for just that thing by the Secret Service and FBI? You my freinds are living in a totalinarian police state. Enjoy living in 1984 for the rest of your life. Personally, I never cared for being forced by the government to think their way and being threatened by a federal agency to do so or "you are in line with the terrorists", but I'm in a country which is still required by law to allow it's people to question government. I'm in a country where satire against the government(and corporations) is still allowed. I'm in a country where the person who gets the most votes in an election is the winner. In short, I don't live in the USA.

    --
    It's been a long time.