ElcomSoft Back For More
graveyhead writes "Most everyone here should remember the Dmitri Skylarov fiasco last year. Apparently ElcomSoft, the company Dmitry works for, is not intimidated by Adobe or the DMCA. Wired is running this story that describes ElcomSoft's upcoming products, most of which could be interpreted as a violation of the DMCA. What's particularly interesting is that this announcement comes right at the beginning of the trial which is scheduled to begin on August 26."
Their business is in Russia. Russia doesn't have anything to do with the DMCA neither will they ever.
Maybe that's the reason there are so many financially poor scientists in Russia.
When a corrupt goverment exploits the people for
the benefit of their patronage, the inevitable
result is violence. Injustice is the primary
cause of violence. When injustice is
institutionalized, vigilantism and revolution
are the only recourse.
I know this will bite me in moderation, but
the truth will out.
-I like my women like I like my tea: green-
Russia has a law on copyright. It has some good and bad points. But it is particularly weird on what concerns software copies. It seems that the guys who wrote this part had a pretty good knowledge on how programs work and interact.
Let me note a few important points:
1. You can reverse engineer a program for private purposes.
You can use the results of your "hacks" on a product you distribute/sell if:
The "hack" does not contain parts of the original software.
The "hack" adds a functionality not contained on the original software or allows third party programs to interact with the original software.
The "hack" does not create a situation where the original author suffers a significative material loss.
There are also a few things in Russian laws that concern protection and privacy and which are related to software products. Frankly, in the whole there are some chances to distribute programs that circumvent copy protection mechanisms if these mechanisms are too dumb and made by nerds. No court will hear you if you cannot prove that you did made a good effort to protect your program, system or network.
The case with ElcomSoft is quite interesting. Even under Russian law they are beating the very edge of the law. But if they can prove in court that Adobe's security does not cost a penny, then Adobe has no chance to shut up these guys. The judicial system is not perfect but in some cases, dumb security is no more than dumb security. Besides Russian law is quite rough on what concerns certain things like licenses. If a software publisher brings a license like Microsft's EULA (even old ones), then court session might end just on reading that EULA. As they do not conform to the copyright laws in Russia.
Not long ago, somewhere around here there was a tremendous copyright scandal between two companies. One company accused the other of stealing their proprietary designs on some web application. When in court, the thing ended in a few minutes. Why? Well these two companies had an agreement to produce a common product. However when things went bad the agreement was torned off and the defendent just grabbed the whole product and started to use it somehwere else. The accusant brought the case to court on the grounds that they broke in the their site and stealed the thing. There were lots of mumblings as what part of the work belonged to whom as the two companies didn't make an effort to clarify its authorship on the project. However, when the court discovered that the defendant had a read/write Internet connection offered by the accusant for their work and that account was still open, the judge just replied with a "case closed" declaration. The accusant tried to protest but the judge explained that if you are so dumb to produce a work and not making anything to protect it, then no court in Russia would hear them. After this the accusant retired its claims and even didn't try to appeal.