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Elcomsoft Case Proceeds; U.S. Claims Jurisdiction

An anonymous reader sent in this Reuters article noting that the Elcomsoft case will go forward. Elcomsoft had asserted that the United States didn't have jurisdiction. This is not really ground-breaking news; Elcomsoft did sell its software to people in the United States and it's not surprising that a U.S. court would claim jurisdiction over this. Elcomsoft is also claiming that enforcement of the DMCA violates the Constitutional right to free speech, and that the part of the DMCA which prohibits distributing devices which circumvent protection measures is so vague that enforcement of it violates the Constitutional right to due process under the Fifth Amendment. (See EFF's archive for more.) One or both of these claims may have a greater chance of success than the jurisdiction claim.

7 of 242 comments (clear)

  1. Jurisdiction by Fjandr · · Score: 2, Funny

    A US court would claim jurisdiction over someone who at one time had breathed air that might possibly have passed over US soil, so that jurisdiction was asserted is not a surprise.

  2. Turn About Fair Play by ackthpt · · Score: 3, Funny

    With the U.S. foisting it's values, culture and, worse, laws on other nations, it's only fair that a company from another country come here and shoot down one of ours (and more power to them!)

    --

    A feeling of having made the same mistake before: Deja Foobar
  3. Cold War Prognosticators by Beautyon · · Score: 5, Funny

    thirty years ago would never have predicted or even dreamed that a Russian software company would be defending the rights of Americans and going to court in a bid to uphold the American Constitution.

    The 21st century: an upside-down circus!

    --
    ATH0 Bitcoin: 1DnwFLXczVZV8kLJbMYoheUrpqHesjxrSi
  4. Re:What if ElcomSoft loses? by Rinikusu · · Score: 5, Funny

    "Reporting live, from Moscow, we've just gotten word that the attack upon the digital terrorist, Elcomsoft by a US gunship, the AC130, was okay by General Ashcroft to curb digital terrorism. Quoting George W. Bush, he said "We shall have NO tolerence for terrorists, digital or otherwise." Behind me is the smoking crater where Elcomsoft existed only minutes ago.

    We're getting word that the headquarters of 2600 magazine were just raided by US special forces in the search for digital terrorist Emmanuel Goldstein. No word on the status of the mission, but let us impress upon the viewer that these are highly dangerous individuals. Special Forces have been trained to fighter router to router, server by server to destroy the menace that is digital terrorism.

    Back to you, John."

    --
    If you were me, you'd be good lookin'. - six string samurai
  5. ...in other news... by erroneus · · Score: 5, Funny

    All the drivers in the U.K. are to be cited for reckless driving for not adhering to U.S. traffic standards. It has been reported that operators of motor vehicles in the U.K. have been defying U.S. law which states that traffic is to keep to the right side of the road.

    One U.S. official said under condition of anonymity, "...those bastards have no respect for the law! Defiantly driving on the wrong side of the road like that! You'd think they owned their own country or something! They're Revolutionary Rebelious Terrorist!!"

    Clearly since U.S. law states that all drive on the right side of the road, all the rest of the world should comply with our safety standards -- after all, it is for their own good. We have roads and they have roads. They are connected by sea-lanes and air traffic. There is enough of a connection between our countries that our law should apply to them.

  6. Re:Pattern emerging... by CrazyDuke · · Score: 1, Funny
    Since we're going that way...

    I hear you are known for your fine wool.

    --
    Any sufficiently advanced influence is indistinguishable from control.
  7. An Immodest Proposal... by RalphTWaP · · Score: 5, Funny


    *grinning*

    Imagine for a moment that this isn't /.

    Well, damn, to start, I guess that you'd say this particular modest proposal comes on the heels of a thrilling class for a new TPS report system. Somewhere between that, and reading more, new, and improved evidence of my country's collective insanity, I think it might just be time to propose something.

    Now, don't get me wrong, I don't really think that the proposal included herein could ever be adopted, in fact, I think that among other things, it would guarantee that the U.S. government become even more ineffectual.

    Of course, I'm not sure there's anything much wrong with that.

    With much more adieu:

    A Modest Proposal; Congress's own Sandbox

    Whereas the Congress of the United States in recent years has at times errantly passed bills (which, were of course enacted into law by the largely disinterested executive branch) which patently subvert, abuse, and remove Constitutionally granted rights; and whereas the enforcement of those selfsame laws does embarass and continually deflate the image of America itself in the global arena, I find it necessary to propose that the Judicial branch of the United States government be empowered (in a proper use of the verb "to empower" I mean, both given the responsibility for, and the authority to....) to create for Congress a special organization with the intended purpose and justification as outlined below.

    1. To act as a "legal sandbox" for bills submitted.

    Much akin to my beloved bounds-checker Purify ( *snickers are heard off text* . . . *a quote plays* "What do you fu^H^H !@#$!@%^*(& mean there's a memory leak . . . . Oh, it's in a Win9X system DLL? . . . . um, sure, why not"), the purpose of this "legal sandbox" would be to allow Congresscritters to "test" the legalese (and even the content) of the bill against the Constitution.

    Unfortunately, of course, the much shortened interface "const bool isConstitutional(struct Bill* pb);" didnt make it into the interface of the latest MS grammar checker. This implies that real, breathing, perhaps even thinking people (or at least hypertrophied Perl scripts) will have to comb through the bills submitted and actually (wait for it)

    Think.

    I know this is a terrible price to pay, but the US Supreme court seems like it might (at times) be up to the task, or at least up to picking the right scripts (a little Perl, a little Sed, mix, stir with PHP and bam, "Court-In-A-Box").

    2. To act as a source of informed Amicus Curare *smirks* information to all parties in future action

    Hardly a difficult sort of solution (albeit somewhat final), the information gleaned from close legal study of the bills submitted would be made available to all, and directed to courts considering cases under the bills in question.

    Presumably, of course, these two chartering planks would be sufficient statement of course; however, I am sure that providing a summary of the probable constitutionality and research into the related issues to the Judicial Branch would be required. In addition, I suspect that a large number of concerned citizens would request access to this information.

    Of course . . . now we just have to figure out how to raise an exception in Congress, perhaps something like "std::assert(!congresscritter_instance.isCorporate Stooge());" would do the trick, though I'm pretty sure the results would be largely similar to "std::assert(false);", so, if I were scratching in some dirty test code for the "Universe 1.1a" revision, I'd pro'lly just write the second, afterall, it saves an invocation.