[sklyarov-chicago] [russotto@pond.com: [free-sklyarov] Indictment up on EFF web page]

[Jack Edwards]

Man, this is ugly.

----- Forwarded message from "Matthew T. Russotto" <russotto@pond.com> -----

And boy is it ugly.  The prosecution appears to be taking the position that
each sale or offer for sale of a circumvention device is a separate offense.
Thus if you put up a web site selling a program which is deemed to violate
the DMCA, you face not 5 years in jail, but 5 years for putting up the
web site, and another 10 years (EFF miscounted, I believe) for each
copy of the program they can show you sold.  Also they seem to believe
that violating the part about "primarily designed for" is separately
chargeable than the part about "marketed for", so double that.  Then
add 5 years for conspiracy unless you worked alone.  Virtually
unlimited jail time for DMCA violations; neat, eh? 

Count 1 is the conspiracy count (5 years)

Count 2 is the "offer for sale"/"primarily designed for" count (5 years)

Count 3 is the "provide and traffic"/"primarily designed for" count
(10 years, as a second and subsequent offense)

Count 4 is the "offer for sale"/"marketed for use in" count
(10 years, as a second and subsequent offense)

Count 5 is the "provide and traffic"/"marketed for use in" count
(10 years, as a second and subsequent offense)

Thus 40 years in prison, plus $3.5 million in fines. ($500,000 for
the first DMCA violation, $1,000,000 for subsequent violations).  Talk
about combinatorial explosion.  

The DMCA does not need reform.  It needs repeal.  Or to be found
unconstitutional on its face.


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