the existential blues

A Russian Fights for Freedom of Speech
Within the United States

The Tragic Case of Dmitry Sklyarov

Guest Essay by Shari Steele, Executive Director of the Electronic Frontier Foundation

Once again, the Digital Millineum Copyright Act (DMCA) is proving itself to be as harmful to civil liberties as we predicted it would be. The latest victim is a Russian programmer named Dmitry Sklyarov, who authored a program that permits editing, copying, and printing of electronic books by unlocking a proprietary Adobe electronic book format.

Mr. Sklyarov has been brought up on criminal charges under the DMCA for distributing a product designed to circumvent copyright protection measures. This is different than the 2600 and Felten cases, which are civil lawsuits. In a civil lawsuit, one private citizen (or company) sues another for money and/or the cessation of a particular action. In a criminal case, the government brings charges against an individual (or company) and the punishment for conviction can be prison and/or fines. Info on the 2600 Case:
http://www.eff.org/IP/DMCA/MPAA_DVD_cases/
Info on the Felten case:
http://www.eff.org/Legal/Cases/Felten_v_RIAA/

The Electronic Frontier Foundation (EFF) has been in contact with the Assistant U.S. Attorney (AUSA)'s office trying to track Mr. Sklyarov's whereabouts and speak with him directly. While the arrest took place in Las Vegas, the complaint was executed in San Jose, meaning that Mr. Sklyarov will be sent to California to stand trial. We have spoken with his colleagues, criminal defense attorneys and others to help with his defense. After he arrives in California, our first order of business is to get Mr. Sklyarov out of jail on a bond pending his trial. EFF has begun to pull together a top-notch legal team to help him defend his right to talk about and distribute the Advanced eBook Processor software program, and we'll be ready to step in as soon as it is appropriate. Full text of the complaint:
http://www.eff.org/IP/DMCA/US_v_Sklyarov/20010707_complaint.html

EFF knew when we took on the 2600 Case over a year ago that fixing the DMCA would require several legal challenges. EFF remains committed to chipping away at this law until it no longer poses a threat to our right to free speech.

Lest anyone be confused, this case is not about copyright infringement. Mr. Sklyarov is not accused of infringing anyone's copyrights. He is accused of building the Advanced eBook Processor, a tool that allows the legitimate purchaser of an e-book to translate it from one digital format into another (from Adobe's eBook format into Adobe's Portable Document Format). Mr. Sklyarov is not being prosecuted for using the tool himself -- in fact, such a prosecution would be impossible, since using such a tool (as distinguished from building or distributing one) breaks no law. Mr. Sklyarov has entered the strange Twilight Zone of the DMCA, where using a tool is legal, but building it is a crime.

We invite your support. If you are not yet an EFF member, please join with us at http://www.eff.org/support. If you already are a member and wish to make a donation, you can use that same link to get to our donation page.

Together we will keep the pressure on anyone who chooses to degrade our basic rights. Thanks for your help.

Sherri Steele, Executive Director of the Elecrtronic Frontier Foundation

The WIZARD is outraged by the total disregard of the issues of Freedom of Speech and the principles of Fair Use in both the passage of this legislation and it's current "enforcement." This country was founded upon the principle of Freedom of Speech. The founding fathers intended it to be protected by the First Amendment.

But now the shear corrupting power of the money of the media giants has purchased the morality and ideals of our elected Representatives and Senators. So far only one, Representative Rick Boucher (D-VA), has called for Dmitry Sklyarov's release.

Keep this bottle in front of you.

NEWS FLASH: AUGUST 6, 2001 Dmitry Sklyarov Free on Bail Reuters reports (link to the full story on YAHOO here): "that Russian software programmer Dmitry Sklyarov, whose arrest last month on U.S. copyright charges sparked protests over free-speech rights in the Internet age, was released on $50,000 bail on Monday by a California court." "Moscow-based ElcomSoft Co., put up the cash bond for Sklyarov, 26, the author of a program that allows people to make and transfer copies of digital books using Adobe Systems Inc.'s eBook Reader. He was freed into the custody of software programmer Sergei Osokine of nearby Cupertino, Calif." More details to follow. Below is the original essay on the Dmitry Sklyarov case and it's implications on US freedoms. Complete news updates can be found in THE CENTER FOR INTERNET FREEDOM.