Re: OT: Dmitry Sklyarov detention/arrest

[Thomas Neuburger <thomasn@xxxxxxxxxxxxxxxx>]

Interesting, though confusing, issues here. Can someone lay out the 
competing arguments -- the case for vs. the case against this action? I 
assume the case against is "fair use" but I don't know that I could restate 
it.

Thanks,

Tom Neuburger


At 03:23 PM 7/19/01, Jeremy H. Griffith wrote:

>On Wed, 18 Jul 2001 11:03:09 -0400, enunn@documentation.com (Erich Nunn)
>wrote:
>
> >A fairly informative article from Reuters is here:
> >
> >http://dailynews.yahoo.com/h/nm/20010717/ts/tech_hacker_arrest_dc_1.html
> >
> >It touches on the technical and legal issues involved, and contains a
> >statement from Adobe on the matter.
>
>Today's Infoworld article is here:
>
>http://iwsun4.infoworld.com/articles/hn/xml/01/07/18/010718hndefcon.xml?0719tham
>
>I found this quote from a well-respected academic quite interesting:
>
>  The case is significant not only because it provides a potential
>  test case for the DMCA but also because it involves the first
>  prosecution of an individual under the DMCA, said Jennifer Granick,
>  clinical director of the Stanford University Center for Internet
>  and Society, who has been critical of the legislation.
>
>  This provision of the law [the anti-trafficking provision of the DMCA]
>  is different from all other kinds of law we've had before. This isn't
>  about copyright infringement," she said. Rather, it renders programs
>  that can have other, legitimate purposes illegal, she said.
>
>  The law in effect narrows the scope of how Fair Use and First Sale are
>  defined, and may have other negative effects as well, according to Granick.
>  "I'm afraid we're going to see more researchers afraid to come to the
>  United States" for fear of prosecution under the DMCA, she said. "What
>  this guy did was completely legal where he was [in Russia]." Besides
>  being new, the statute is a complex one, and it is possible Sklyarov
>  did not realize that he may have acted in violation of U.S. law, she said.
>
>So *this* is all about Fair Use...  In light of this, we are forced
>to reconsider eBook[TM] support... for several different reasons...
>
>-- Jeremy H. Griffith, at Omni Systems Inc.
>   (jeremy@omsys.com)  http://www.omsys.com/
>
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