Re: OT: Dmitry Sklyarov detention/arrest

["Dmitri Yunov" <yudmi@xxxxxxxxxxx>]

As I was for a long time the chief editor and publisher as well as this
topic touched the books it is possible to me to put here some negative
comments of DS arrest and to draw an analogy. I'm sure nobody said it is a
speculation.

The real situation one (I AM NOT THE PUBLISHER NOW).
Say, I have printed and selling the book of author A in the country B.
My publishing house registered in the country B too (there are much more
variants).
Author A has the nationality of country C. In general his work I printed is
protected by local authority laws of country C and by few international laws
like Bern and Geneva copyright conventions FROM DATE a) his country has
accepted IT b) my country has accepted IT.

For example I can print without author permits and royalties any English,
Spanish, German or French works were first published until 27 May 1973 - see
b) above.
And vise versa.
Manifestly the printing and selling of same book of author A without author
permits and royalties are legally in the country B.
Manifestly the printing and selling of same book of author A without author
permits and royalties are illegally in the country C.
#####################################
Illegal acts starting.
O.K. two or fifty people NOT FROM the country B have bought this book via
Internet.
One hundred people NOT FROM the country B have bought this book during their
travel to the country B.
And one thousand people NOT FROM the country B have bought this book in
other way I don't know now (for ex. they are the end custom of another book
shop and publish house I made exchange the edition of this book to another).

Is the law broken? Yes.
Is the copyright of author broken? Yes.
Is it here any my responsibility for these illegal acts? No.
Is it the common publishing practice in the world?
YES, YES and YES!.
According to this, say, Ted Turner must be arrested in any country other US.
Any from his editions transgresses this or that domestic national copyright
law.
I can show few thousand acts that are valid in one country and are not valid
in another.
There is Frame and OmiMark list yet.

Can I be arrested during my travel in US, France or Spain?
According to Adobe claim, yes. Thank you.

1. ANY FROM YOU CAN BE ARRESTED IN ANY OTHER COUNTRY even if you did not
break the law of YOUR country.
2. It is foolish to think that only, say, Russian, Chinese or Indic
programmers can be arrested in US territory. I hope candidly and I'm sure
ANY US, German, French citizen can be (and should be) arrested during
his/her tourist or business travel, say, into China, Greece, Thailand,
Sweden, Russia, India or United Arab Emirates.
WHY? When you were in your country YOU broke the laws of these countries.

P.S. Digital Millennium Act? How many countries have signed it? Only US,
isn't it?
Think about it.

The direct answer to me is NOT required.

Dmitri Yunov
L10n Expert

During 1988 to 1995
Editor-in-chief, owner,
Private publishing house
Child's, training and popular scientific literature


----- Original Message -----
From: "Thomas Neuburger" <thomasn@twelfthnight.com>
To: "Jeremy H. Griffith" <jeremy@omsys.com>; <framers@omsys.com>
Sent: Friday, July 20, 2001 3:20 AM
Subject: Re: OT: Dmitry Sklyarov detention/arrest


> 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?071
9tham
> >
> >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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>
>
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