Sklyarov Clarifies Circumstances of Release, Testimony 280
*ZiggyP0P* writes: "We remember hearing how Dmitry was let off and released (so he can finally go home) but how he had to cooperate with the government in the prosecution of his employer as a plea bargain. Turns out that this was all a lie by the Justice Dept. Skylarov has released his own statements which explain what exactly happened. He has entered into no legal plea bargain and he is still employed by Elcomsoft (even though the justice dept called him his former employer)."
What?! (Score:5, Funny)
I'm glad for the opportunity to see exactly where they lied, though. Thanks, Dmitry.
-Legion
Re:What?! (Score:4, Insightful)
There should be some inquiry into this matter.
Re:What?! (Score:3, Funny)
There should be some inquiry into this matter.
Moderators: If you have to look up any of the terms I've used, don't moderate me. You're probably confused.
So, if we don't know what "miscoduct" is, we can't moderate you?
Re:What?! (Score:2)
Give me one good reason why one should not take up arms against such a monstrous institution.
Never mind... I can think of two:
1) This was probably dreamed up by some power-hungry flunky and does not reflect on the government as a whole. As much as seeing myself write those words makes me want to retch, even the government deserves the benefit of the doubt.
2) Taking the law into one's own hands is an act of vigilanteeism: never a good idea unless there is widespread support for one's position (and the mechanics and institutions of the supposed law corrupt).
So, I exercise the restraint that all law abiding people do, but remain ever watchful. It is a painful lesson that one can't simultaneously love the principles of the constitution and the institution empowered to defend it.
Re:What?! (Score:2)
So, I exercise the restraint that all law abiding people do, but remain ever watchful.
I also exercize restraint. Part of that is because individual actions have a nasty way of hitting the wrong target (innocent bystanders tend to be the only people really hurt), Have a tendancy to mete out punishment greater than the crime, and in an environment where the government is primarily corrupt, they will simply spin the whole affair into more excuses to curtail citizen's rights.
The fact is, this whole incident appears to be part of a pattern of abuses.If the system is incapable of preventing these abuses, and seems unwilling to discipline those responsable for them, then the system is itself corrupt.
Note that by discipline, I do not mean some sort of meaningless document in a folder somewhere, I mean a criminal trial.
Unfortunatly, the people ARE doing something about this, and their actions can only lead to violence. They are slowly but continually reducing their respect for the government, it's laws, and it's enforcement.
Re:SO WHAT!!! (Score:2)
And let me save you some trouble: *he* didn't sell it in America, the company he worked for did. How many times do we have to whack this dead horse?
-Legion
Re:SO WHAT!!! (Score:2)
After all, you knew full well what you were doing when you hired on with a company with a woman CEO.
Or were you just trolling the dead horse a bit more?
-Legion
Re:SO WHAT!!! (Score:2)
In Russia, it is illegal for Adobe to restrict their file formats as they are doing.
Not so long ago, Afghanistan was a favored country. You failed to see the analogy, you failed to understand Russia's legal standing on software (even after it was explained to you), and you failed to understand a single word I've written.
[...]
I'm not thats tupid.
I beg to differ. I'm leaving this horse to you.
-Legion
Backpedal! (Score:5, Funny)
"Cooperate" probably means he agreed to take their phone calls.
Some junior D.A. probably wanted to make a career on a "big, bad, Russian hacker" and found out real life isn't like a Hollywood movie.
Re:Backpedal! (Score:2)
He started in his position as interim US Attorney in Northern CA in Aug 1998, officially confirmed in Oct 1999. Then he was the acting Deputy Attorney General of the US from Jan to May 2001, when he was nominated as the FBI director. He wasn't confirmed until Aug 2001, and took the oath of office in Sep 2001.
So, although he was officially the US Attorney for Northern CA until Aug 2001, he hadn't worked there since January.
Maybe you should actually read the pages you link to before you spread disinformation.
legal action (Score:4, Insightful)
No (Score:2)
No such luck. (Score:2)
That's our society!
saving face (Score:5, Insightful)
i also remember in another article (can't remember where), his employer even offered to stand trial in his stead if they released dimitry... i found that to be quite admirable myself
Defamation Charges (Score:5, Interesting)
Re:Defamation Charges (Score:2)
The Best Part.... (Score:4, Offtopic)
I think that Neo said it best:
"How bout I give you the finger and you give me my phone call."
I still think the biggest punk in the whole process is Adobe...they backed out of the process in order to save some face on thier own knowing full well it was too late to stop the prosecution. grrr....
the government lied so what (Score:1)
The begining of the end of the DMCA (Score:2, Insightful)
Mostly though, i think most people should be thinking, 'WHAT HAPPENS NOW'.
What is the next direction for the goverment, and the anti-DMCA people (people with common sense) and where will this put the SSSCA.
Adobe's Strategy Backfires? (Score:5, Interesting)
Re:Adobe's Strategy Backfires? (Score:1)
Re:Adobe's Strategy Backfires? (Score:2)
I think his point was that now it's a lot more well known since people like he and I (and anyone else that reads the news), that didn't know about it before, know about it now.
Re:Adobe's Strategy Backfires? (Score:2)
Re:Adobe's Strategy Backfires? (Score:5, Insightful)
Coming back to USA? (Score:1)
I was just wondering, when he goes back to Russia, and Dmitry and his employer decide that the USA has no legal authority over them, and the Russian government agrees, would he still come back to the USA for a trial?
Seems like a viable option to me, if possible.
Any ideas?
All a lie? (Score:3, Insightful)
Turns out that this was all a lie by the Justice Dept.
What exactly was a lie? He did enter into an agreement. The government never said that he admitted guilt. Sure, they screwed up the employment status, but that is likely a minor oversight, not a lie. Much more minor than slashdot's "lie", saying that he agreed to testify against Elcomsoft.
Re:All a lie? (Score:1)
Re:All a lie? (Score:1)
Re:All a lie? (Score:1)
Re:All a lie? (Score:2)
I like slashdot, and I think it would make it an excellent alternative news source, if they'd just put a little effort into it. Of course they're still head and shoulders above the Fox "News" channel.
Re:How's this for EFFORT? (Score:2)
I used to feel sympathy for their plight (after all it doesn't seem fair to discriminate agains them) but stuff like this makes me rethink those positions.
Re:All a lie? (Score:2)
b) watch Fox news like everyone else.
It is a sad commentary of our society that Fox New is considered a serious news source. Fox News is nothing more than a PR firm for the Republican party. Further, they don't even try to hide their bias, they are openly condescending to anyone who does not agree with them.
Re:All a lie? (Score:2)
Re:All a lie? (Score:2)
I suspect that this is a problem with most major media outlets. The problem is that because governments (especially the US's) are permitting some insane corporate megamergers, you have one company with a very wide reach, and this company will inevitably be biased in such a way that it won't want to report something that would make itself look bad.
Take the three media outlets you mentioned, for instance. CNN is owned by AOL-Time Warner*, MSNBC is owned both by Microsoft and NBC (which is owned by General Electric, which itself owns an assload of other things), and Fox is owned by Rupert Murdoch. Not a single one of these three stations is independent; they are all owned by a much larger corporation. And as I mentioned, bias is inevitable in this situation.
* I still haven't figured out why the hell the FTC allowed that one.
Re:All a lie? (Score:1)
There was some sort of capitulation by Sklyarov. He agreed to travel thousands of miles to appear at the trial. He agreed to regularly report by telephone to the U.S. govt. He acknowledged several key facts in the case against Elcomsoft.
The press release was not misleading to those who read it through and did not have any preconceived notions. This is why several people corrected the slashdot article when it was first published.
Re:All a lie? (Score:2, Insightful)
Well, the guv'mint did say that Dmitry was a former employee of Elcomsoft, when Dmitry has been and still is employee by Elcomsoft. So they did lie in that aspect.
However, the more important damage is done by spin doctoring. This is to create a "negative" image of Elcomsoft, by insinuating (inaccurately) that Dmitry has distanced himself from Elcomsoft and "cooperating" with the guv'mint.
The rest of guv'mint press release is pretty much a spin, really saying nothing. Dmitry has always cooperated with the guv'mint, just by telling the truth. E.g., "Acknowledge his conduct in the offense". That's a spin. If a guy is apprehended for a crime. He is _not_ a criminal until proven to be so. Dmitry has _not_ been proven guilty in court. In fact, for this case, even the "offense" (crime) has not been proven in court. Nothing has been proven in court. In fact, the guv'mint dropped the case against Dmitry. Now, what does that say about the guv'mint's case? Perhas it's bunk?
Dood, you got to recognize spin when you see one. It is really easy. Spin is everywhere. No, it is not conspiracy, spin is what people do when they want to protect themelves, gain an advantage, etc.
e.
Link to FULL TEXT of Skylarov document (Score:5, Informative)
The FULL TEXT of the document regarding Skylarov [usdoj.gov]
Further, deponent sayeth not (at least in this message ...)
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
Maybe missing the point (Score:3, Insightful)
Re:Maybe missing the point (Score:2)
Statements and press releases aren't legally binding. But the "Pretrial Diversion Agreement" (to give it the formal name) is a formal court document, binding on both parties.
This is where things get slippery. The word "wrongdoing" does not appear in the DOJ press release [usdoj.gov]. Nor "misconduct". They talk about admitted his conduct and his conduct in the offense. I'm not a lawyer, so I don't want to get into this too much. But it seems the argument revolves around exactly what this signifies. But the above document at least lets us know exactly what was admitted and agreed on all sides.Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
Re:Maybe missing the point (Score:2)
That was the point I was trying to make.
Is there any doubt in your mind that the "impression" left with the public at large is that he did something wrong, repented his errors (Just using the word Conduct is enough for most people to consciously or sub-consciously adding "mis- " in front) , and now is ready to testify against the bigger evil name ElbrusSoft that was trying to "profit" from a crime.
Don't think for one second the addition of Former Employee was a harmless mistake. It was done very deliberately and might I add very cleverly. These guys have lots of practice.
As others have pointed out the DOJ realized that they had a good chance of blowing the DMCA on this one so they dropped the legal ball against Skylarov while using the subterfuge of a dishonest press release to keep the public opinion misinformed. I posted a comment about possible Defamation charges [slashdot.org] against DOJ, and I think that somewhat was on my mind when I commented on your posting. I am not arguing that you are wrong per se, just that the picture is a bit broader.
Re:Maybe missing the point (Score:2)
There so much politics and spin involved, it is very difficult to determine the truth. I got slightly burned somewhere else in being misperceived as critical of Dmitry, because I didn't think this was nearly as big a legal concession as many people seem to believe. I wish there were some commentary and analysis from independent criminal lawyers.
I don't see this. I don't see it at all.Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
Kudos to Elcomsoft (Score:5, Insightful)
I hope all of the employees of Adobe are truly embarrassed about this.
Re:Kudos to Elcomsoft (Score:1)
Scott
Re:Kudos to Elcomsoft (Score:1)
/Janne
Re:Kudos to Elcomsoft (Score:4, Insightful)
Re:Kudos to Elcomsoft (Score:2)
Every action by Mr. Katalov in this case has appeared to be nothing other than sincere personal concern for one of his employees. I doubt you have even a scrap of evidence to the contrary, so I won't waste my time asking you for any.
I hope I never become as cynical as you.
Re:Kudos to Elcomsoft (Score:2)
http://slashdot.org/comments.pl?sid=25273&thres
The poster said that an employer backing up an employee is
unheard of anywhere. I replied with the sentiment that it isn't
so strange in places where the rule of money isn't sovereign.
The fact is, Skylarov was employed by a company to do a job. He
did his job so well that he was arrested for his efforts (under
dubious circumstances). I personally don't find it surprising
that Elcomsoft should support their employee in the way that they
did. I would be alarmed if Elcomsoft and Skylarov lived in the
West and this happened however.
Shame on us (Score:5, Insightful)
I hope all of the employees of Adobe are truly embarrassed about this.
I'm embarassed about this, because my government is making our country look like an ass.
Re:Kudos to Elcomsoft (Score:2)
I agree... it's good of Elcomsoft to step in. However, did Dmitry break US law by writing the code in question, or did Elcomsoft break US law by distributing the code?
<ianal>The claim is presumably concerned with the distribution of a circumvention device, by the hosting of the application on a US server. If Dmitry merely wrote the application on his employer's equipment in Russia, then I can't see any way he could be guilty under US law.
I can see a way that he could be seen to violate the license terms he must have accepted to be able to reverse engineer the format, but that's a civil charge.
I'd say the alleged crime was to upload that program to the US server, thereby distributing a circumvention device in DMCA jurisdiction -- something his employer did. In which case, Elcomsoft are definitely responsible.
[Okay, if Elcomsoft is a small company, it was probably him doing the uploading!]
</ianal>Challenge to DMCA (Score:3, Interesting)
1.Dimitry will not face any charges, nor will have a felony record.
2.Since this is not a case of testifying against Elmsoft, this means that a challenge to the DMCA is still possible, with a legitimate corporation with relatively large coffers defending itself.
So really, the tech-culture gets its day in court without any criminal reprecussions and we get a constitutional challenge to a very unconstitutional law.
Way to go, DOJ, I knew you were on our side!
Re:Challenge to DMCA (Score:3, Interesting)
Unfortunately, this isn't what this means. What the government has said they're doing is defering prosecution until a later date.
They've said they'll considering dropping charges after a year or after ElcomSoft is tried, whichever comes later, only if he has met his "obligations". If he hasn't, they'll just place him back on trial in a year or whenever the ElcomSoft trial is finished, whichever is later. The wording of the government agreement seems vague enough that they could simply change their minds at that point, making up some "obligation" he didn't meet.
The challenge to the DMCA is still possible but may not be able to go very far considering the fact that ElcomSoft is not a U.S. corporation. (At least I'm pretty sure they're not. Does anyone here know for sure?)
There is still plenty of chance of criminal repercussions from all this. There will still be a trial against ElcomSoft and there could still be one against Dmitry as well with possible convictions coming from both.
Song for Skylarov (reprise) (Score:5, Funny)
there's no need to feel down
Because your plane
back home can't get off the ground
I said young man,
Get comfy in your new town
There's no need to be unhappy.
Young man,
There's no place you can go
I said young man,
Until you cough up some dough
You will stay here
until you've served all your time
For your insignificant crime.
It's fun to stay in the U S of A,
Because of that old grand D M C A
For cracking DVD's,
Or an e-book or three,
You'll get jailed for eterniteeeee...
It's fun to stay in the U S of A
Because of that old grand D M C A
For proving to the world
That our encryption's a toy
You'll get jailed with all the boyyyyyyys...
Re:Song for Skylarov (reprise) (Score:1)
LMAO!
Re:Song for Skylarov (reprise) (Score:2)
But what *really* happened? (Score:1)
Another reason for civil disobedience (Score:4, Informative)
1) It must be obvious to everyone that the DMCA is unconstitutional
2) DMCA type laws are never going to go away till we attack the root of the problem, copyrights
Unless you think that we're going to conjure up a propaganda machine the size of the movie industry, or that the government will suddenly start protecting liberties again, civil disobedience is the only way to go.
Media with heads up their asses (Score:1)
wordsmithing (Score:3, Interesting)
personally I think that the government is going to jerk around until enough people forget about this. I think in hind sight they do not want this very high profile case to go to court, likewise none of the media companies want it there either. They want this law to sit on the books for awhile and become "accepted" before anyone tries to test it. I'm sure another year from now we'll here some snippet blurb saying that the govt and elcomsoft entered into a "Plea" agreement where elcomsoft agree's not to sell the product in the US in exchange for the small slap on the wrist or "deferred" sentencing. What a joke!
If absurd US laws are applicable in Russia... (Score:4, Insightful)
Re:If absurd US laws are applicable in Russia... (Score:2)
We're not talking about a civil proceeding here.
Who's spinning who? (Score:2, Interesting)
But the DOJ statement never uses the term "Plea Agreement", nor does it claim that Dmitri admitted to "wrongful" conduct.
Dmitri claims that he is not cooperating with the government.
But in the Diversion Agreement he agrees to testify if requested by the government in the case of United States v. Elcom Ltd., agrees that any statements he makes may be used against him in a prosecution for obstruction of justice or perjury, and waives most of his constitutional rights in exchange for a promise that he will not be prosecuted if he lives up to his end of the Agreement. Not cooperation?
And ElcomSoft says that Dmitri's testimony can only be supportive to their case and they only want Dmitri to tell the truth.
But of course, ElcomSoft is still a defendant facing criminal prosecution in this case, and criminal defendants always claim that when the true facts come out, they will be shown to be innocent.
So once you cut through the spin that Dmitri, ElcomSoft and the EFF (none of whom are neutral, disinterested parties in this case) put on it, the only real undisputed inaccuracy in the DOJ statement is the bit about the "former" employer. Which is probably a misreading of Dmitri's statement in the Diversion Agreement that "continuing through July 15, 2001, [he] was employed by" ElcomSoft.
Remember that PR works for both sides, folks.
Re:Who's spinning who? (Score:2, Informative)
Context: The U.S. Attorney came up with a spin that is making Dmitry look like a guilty person that is being let go in exchange of incriminating evidence against Elcomsoft.
It is true that DOJ never uses the term Plea Agreement--that would be outright lie, and not a "mistake" like the "former employee" incident. What they did was to make it _sounds_ like ("promotes the notion") a plea agreement. And I totally agree with Burton on that one. What Joe Burton said was to counter that spin: that there was _no_ plea agreement, that it only sounded like a plea agreement. I don't see it as a spin, it was rather to counter what people (very likely) might conclude in a careless reading of the US Attorney press release.
If you consider the counter as a spin, well, pretty much everything is a spin, maybe except for math.
As for the "mistake" of "former employee", if the US Attorney can misread "continuing through July 15, [he] was employed by . . . Elcomsoft" as Dimtry is no longer an employee, well, the lawyer that wrote that press release must not be paying attention. Just imagine, a US Attorney lawyer persecuting such a high profile case, and don't even know if Dimitry still works for Elcomsoft. They must be either stupid, careless, or purposefully misleading.
Also, Dimitry's statement of "not cooperating with the government" should be taken in two context:
From my reading of the various press releases, and the history of the case as recorded in places like slashdot (the paragon of unerring reporting :-), the aggression and the spin is being done by Adobe/govt. The defendents has been behaving in a very honorable manner: no ratting, no firing, no disavowal. If the press releases from the defendents are considered as spin, then there is not much under the sun that cannot be classified as spin.
Cheers,
e.
Re:Who's spinning who? (Score:2)
And this is the argument *for* the former democracy USA? If I was scared sh*tless in a foreign country I would sign anything.
Phillip.
Re:Who's spinning who? (Score:2)
>citizens
Such a common belief and so very wrong.
The US Constitution stands as a fundamental line in the sand which separates the powers of government from the rights bestowed upon mankind by powers beyond government and the laws of man.
My prediction has come true. (Score:2)
I predicted that he would be let go without a trial, and here is my original comment from the September slashdot thread:
http://slashdot.org/comments.pl?sid=22120&cid=2371 611
(there's not supposed to be a space between the 1 and the 6)
Saw it coming.
Rich...
Re:My prediction has come true. (Score:2)
I'm sick of this! (Score:3, Insightful)
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:5, Insightful)
The gov't has demonstrated not only a willingness, but an eagerness to lie on all fronts over anything that might be potentially embarrasing.
Why stop now?
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:1, Informative)
Why go through all this? A lie like this is too obvious. Once Dmitry is out of the country, he is out of reach. Somehow I doubt very much that Moscow is going to send him back here as a witness against his current (not former) employer, in a case that involves something that isn't a crime in Russia.
Maybe the prosecutor's Christmas bonus depends on not losing face.
What a farce.
Sigh... (Score:3, Informative)
I'd very much appreciate you explaining each one of these incidents.
I'm very much curious what you think Janet Reno did that was wrong. The only thing I can recall is her listening to the Republican appointees in the FBI when she first took office. Thus begat Waco. Both her and President Clinton apologized for that, and cleaned house in the FBI.
What always amazes me is how ignorant, stupid and partisan Republicans are. This idiot is trying to pin the blame for Ruby Ridge on the Clinton Administration when the event occured in '92.
But I'll bet back in '92 if it had gained any news coverage this moron would have claimed we shouldn't criticize the FBI because that's not patriotic.
It makes me want to puke just thinking that my family has died protecting the rights of scum like this.
Re:Sigh... (Score:2)
Whereas the Democrats are paragons of virtue and cooperation. Bullshit. Where do you get off?
All the poster did was list Ruby Ridge in his list of government mistakes. He didn't blame it on anyone. Little jumpy, are we?
Oooh, a straw man argument. Clever!
Not me. The only way to preserve intelligent conversation is to let people say stuff that's as stupid as they want.
Re:Sigh... (Score:2)
No, Democrats are just smart enough to know when they are lying.
Re:Sigh... (Score:2)
I did not have sexual relations with that woman
I don't really give a shit whether or not he was boinking the old intern, but when he comes out on national TV and lies directly to every single American citizen... well that's where I take offence. Go around fucking dogs for all I give a shit, but don't fucking lie to my face...
Re:Sigh... (Score:2)
The question should have never been asked. But apparently you are just a sheep for your Republican masters.
Re:Sigh... (Score:2)
So what you're saying it's OK to lie to questions that might be negative? Hmmm that's a real easy way to make all problems go away, Somalia... I never knew about it, I was out golfing... I did not know that we had any dealing in Somalia.
Now what Clinton should have said is "that yes I have had relations with my intern, and it's not illegal for me to do so". And then let the issue drop by the wayside, instead of getting on nationaly TV and lieing directly to my face, hell lie in court and face purgery but DO NOT go on national TV and make a statement to all American people that is a complete and blatent lie.
And to apeasy your true GOD belief... any Democrat good... anybody else (Libertarian, Republican, Independant) is evil. Let's reelect Gary Condit for Congress, he's a Democrat he can do no wrong.
Re:Sigh... (Score:2)
Re:Sigh... (Score:3, Insightful)
Dmitry was lucky that the government didn't want to continue with the case, the feds could of pushed it and won. Busting (Imaginary) hackers helps everyone in our corrupt government.
-
It is dangerous to be right when the government is wrong. - Voltaire (1694 - 1778)
Re:Sigh... (Score:2)
The FBI need cleaning before Clinton got into office -- it just got worse. Not necessarily his fault, as it took a lot to clean it out.
My original post (lost by Slashdot) had the preface (8-10 years), which would have been correct in referring to Ruby Ridge. I was sloppy in retyping it.
Sorry, I'm not a Republican.
Re:Sigh... (Score:2)
No, it became signifigantly better after Clinton took office.
The two incidents you refer to with the FBI were the fault of the Republican appointed officials. After Clinton came into office and appointed Louis Freeh, the FBI(and ATF) began a process of clean up.
What I object to is that you've fallen like a sheep before the slaughter to the Republican bullshit where they refuse to take responsibility for their failures and instead blame it on Democrats. This has been a constant theme for the past 9 years of trying to tie both Ruby Ridge and Waco to Clinton and Reno.
I'd be curious if you can come up with an incident similar to Ruby Ridge(or Waco) which occured after 1993. I cannot remember any, despite the fact that more criminals were imprisoned during the Clinton years than during the Reagan/Bush years combined.
The most serious thing that I recall happening was the McVeigh screw up with the papers, but while a mistake it was nowhere near as serious and purposeful.
Re:Sigh... (Score:2)
If you can prove to my satisfaction that people who listen to Rush Limbaugh are not ignorant, stupid and partisan, I'll gladly recind my statement.
"Not to mention the fact that anytime you put a label on yourself as democrat or republican, you're being partisan, and as a result, in my mind, ignorant."
There's nothing wrong with being partisan, and being partisan does not make you ignorant. Generally quality partisanship comes from a standpoint of knowing what you are talking about, which is the case with me when it comes to political discussions.
No, my complaint with Republicans is that they are stupid, ignorant and partisan. It's that combination which is extremely hazardous to our nations well being.
Oh, and I'm not a Democrat so much as an anti-Republican.
Waco? (Score:4, Insightful)
I live in Texas, and I still don't think the govt did anything legally wrong at Waco. All I know is, a bunch of nutties with guns were down there plotting to eventually kill me and my family, and a bunch of govt agents got themselves shot trying to take them out before they all killed themselves.
It blew my mind how conservative talk radio immediately tried to picture these guys as, "Just peaceful, churchgoing, religious folks exercising their 2nd amendment priviliges.
Re:Waco? (Score:2)
Years later, after Congress Supoenea the tape (told it was gone) and others asked for it -- it showed up. Oops.
It wasn't the basic action against the Branch Davidians, it was lying about how it was handled, etc. for YEARS.
and sometimes deadly? (Score:2)
I hope one day the USA will return to the Constitution and lawful behavior, and perhaps even start visualizing utopia again.
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:1)
just my 2 cents
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:2, Insightful)
personally i don't think our government is evil... just filled with greedy incompetents...
why are we still here? mostly because we are spoiled and complacent (and can't spell)
Why is it that, when it's the Government's word versus some cracker's, everyone always wants to believe the cracker?
this this case i believe the "cracker" simply because he's being charged with breaking a law that doesn't apply in his country... this is about as silly was an american gun maker/seller being arrested in japan for making/selling guns in the us...
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:4, Flamebait)
An American gun maker/seller being arrested in
Japan for making guns in the US & selling them in Japan.
If his dumbass company would not have had their servers located in the US, it would not be an issue, but because the servers were physically located in the US, it is breaking the law *IN THE US* (download from Chicago, and the credit card transactions occur from a town in Washington, both IN THE US). That's what all the mindless droids don't get, it's not that it was created in Russia and somehow we are locking up people who do things legal in their home country when they come to the US. As long as they don't do their shit *in the US* then we don't do shit (and looking over history we haven't done anything until they physically bring it to the US). This was the entire point of Sealand (Havenco) do your shit in their country where just about anything is legal and other countries can't touch you, because your doing transactions physically in another country.
Sheesh, sometimes people really need a cluestick to the head.
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:2)
Page 2 Lines 26-28 & Page 3 Lines 1-4
Page 4 line 1-2
http://www.usdoj.gov/usao/can/press/assets/appl
There are mutliple things to blame here:
Elcomsoft for actually doing their transactions within the US.
Clinton & Congress for passing the DMCA
but you hit the head on really who's to blame, Adobe. But, the one group who I'd really not put any blame on is the DOJ. The law was technically violated, Adobe called up the DOJ and essentially forced them to hall him in (the law was technically violated, and that's their job). The reason why Adobe probably first called for a criminal case, was to prevent him from leaving the US, so they could procede with a civil suit against him (kinda twisting & perverting the law to their own use). Adobe saw what a bad publicity wreck they made and tried to sweep it under the rug, only problem is once the DOJ has filed against you, you gotta go through the entire process (painful as it may be, it keeps corporations & powerful people from being able to try and circumvent the law with powerful friends).
I personally think that the DMCA paints with too broad of a brush, but when people complain without having the proper facts it hurts everyone else who is trying to change things, since the same groups of people are stating two different things. If the people on the same side trying to fight the law can't get things straight then both sides tend to lose credibility. Which is why I was a bit curt with you earlier.
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:1)
1- i don't know saudi law, but i am guessing mass murder is against it...
2- also, bin laden's act happened in us jurisdiction... dimitri wrote the software in russia where it is in violation of no russian laws
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:1)
as for credit card fraud across international borders, i have no idea how the laws on that work so i don't know if you point is valid or not... (although i am hopingthere is some kind of mutual agreement on things like that
i'm not gonna argue it either way
my main counterpoint to you was that bin laden was not a just comparason for dimitri
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:2)
> I think that the US backed out of the Dimitry case in order to defend
> the DMCA which would in all likelyhood not have withstood supreme
> court scrutiny.
You may be right. Usually the reason laws don't withstand supreme court scrutiny is because they are unconstitutional. The US Constitution is the supreme law of the land; any law that violates it has no right to exist. It is not the place of the Department of Justice to defend possibly unconstitutional laws from the Supreme Court just because special interest groups like them (BSA, RIAA, MPAA).
> I think this was a wise move because the DMCA is a powerfull tool to
> protect our national intellectual property
1) It isn't "our national intellectual property", it's Adobe's property, and Adobe has dropped the charges and asked for the man's release.
2) It doesn't matter how powerful a tool it is. Our national Constitution is far more important. You know, the document that waxes eloquent on freedom of speech and the press?
> in countries such as Russia
> and China where there is no respect for US law.
What?!? Do you mean the US doesn't actually rule the world? That other countries get to have their own governments? Imagine that!
Come on, Tok Wira, these sharks have gotta pay!
New Kirk calling Mothra, we need you today!
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:2)
No. We can't.
Idiot (Score:2)
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:1)
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:2)
No. This is business as usual for a PR agency (government or otherwise). This is what PR agencies do (government or otherwise). It is INDIVIDUALS who have most to lose if they make the slightest mistep. Lives and families have been trashed over much less, but corporations and government institutions do it daily, and nobody really cares.
Hell, the PURPOSE of a corporation is to protect member individuals from the law, much like what happens in a government institution, where there are multitudes of ways (yes, even legal ones) to CYA.
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:1)
Should be, "why is the government still there", but then again, that would date from the days when people in the United States expected their votes to be counted rather than ignored.
"Doesn't the Justice Department have a lot more to lose by lying about this?"
Again, only if they can be affected by a vote tally. Heck, the so-called opposition party in your country can't even muster enough gumption to ask Ashcroft a few good questions when he's at a Judiciary Committee hearing for the purpose of defending some of his recent decisions. So Justice can continue their great tradition of lying without any great problems developing from it.
Re:Skylarov rates high on the Trust-O-Meter, eh? (Score:1)
We don't have to trust anyone--we can look at the facts. The software is out there.
And there are two issues anyway. First, is Sklyarov guilty under current law? Second, is current law (DMCA, etc.) just or was it created in response to undue influence of large media corporations on the political process?
And if we really think our own government is so evil, why are we still here?
In real life, to most people, a corrupt or lying government is not sufficient reason to leave as long as it isn't too bad and the economy is working. I have certainly lived in countries with much better government than the US has. And I know many people who have voluntarily stayed in countries with worse governments (including East Germany).
Which McDonalds do you work at again? (Score:1, Troll)
Oh, and did you ever finish that GED or get the hitch to your trailer home fixed?
Re:Which McDonalds do you work at again? (Score:1)
Accepted. (Score:3, Insightful)
Another continent ruled by ogilarchy and the same corporations as every where else? Bummer.
Re:The Fact Remains (Score:2)