[sklyarov-chicago] from Adobe

Nate Riffe inkblot@geocities.com
Wed, 25 Jul 2001 22:45:22 -0500 (CDT)


On Wed, 25 Jul 2001, Michael Cannon wrote:

> Even though Adobe instigated this specifically to deny
> this man his freedom?

To my knowledge, Adobe was one of many companies that lobbied for the DMCA
in 1997 and 1998.  (fast forward) Adobe filed a complaint about the
Advanced eBook Processor under the DMCA some weeks ago, if not months (I
am not familiar with the timeframe of these events).  I do not doubt that
this complaint named specific individuals, including Dmitry Sklyarov.  So
far Adobe is performing a standard corporate knee-jerk maneuver.

Some stuff happened, maybe Adobe had a hand in it, maybe not(*).  Dmitry
Sklyarov came to the United States with an outstanding complaint against
him and was arrested.  The EFF talked Adobe into revering their position
on the arrest, but Adobe wouldn't budge on the DMCA.  Standard corporate
capitulation ("Oh, I guess we were wrong... Sorry Dmitry!").

Now, Adobe's got a big bruise, and we certainly all think Adobe's name is
Mudd, but what really happened here (*)?  Are there nasty thing going on
here (*) that implicate the FBI and introduce a technicality in Dmitry's
defense?

Also, a successful call for a boycott will certainly make Adobe hurt, but
how are our goals advanced by hurting Adobe?

-Nate

> 
> Mike
> --- Nate Riffe <inkblot@geocities.com> wrote:
> > On Wed, 25 Jul 2001, Michael Cannon wrote:
> > 
> > > Again, you're the boss...but don't you think we
> > should
> > > strike while the iron is hot?
> > 
> > Because Adobe is a very small corner of a very large
> > iron.  There are many
> > DMCA supports, and now that Adobe has backed away
> > from Sklyarov, that is
> > all Adobe is... a DMCA supporter.
> > 
> > > 
> > > Considering the attention-span of the average
> > > 'sheeple' in the American public, we won't GET a
> > > better chance...additionally, the talk is moving
> > to
> > > 'amending' and away from REPEALING the
> > DMCA...finally,
> > 
> > I think we should stick to repealing, because when
> > it comes time to
> > bargain with the pro-DMCA side, we'd better be in a
> > position to make
> > concessions.
> > 
> > > 
> > > -EULA - contracts that are illegal in any other
> > > context
> > > -UCITA - protections provided to no other industry
> > > segment (and certain provisions re-inforce the
> > DMCA
> > > and further criminalize Fair Use)
> > > -DMCA - THE monster - not only civil penalties,
> > but
> > > criminal ones...we go to jail, deprived of our
> > freedom
> > 
> > And the civil ones... we go to the soup kitchen,
> > deprived of our
> > socioeconomic power.
> > 
> > > 
> > > You don't see these folks as evil. 
> > 
> > Yes, I do see them as evil.  I also see you as hasty
> > and
> > irrational.  Until we are properly prepared to move
> > forward, I think we
> > should stick with our existing strategy, which so
> > far has been to
> > publicize what has happened with OUR spin, rather
> > than the corporate spin.
> > 
> > > I do.  They are
> > > going to try to get away with anything they can. 
> > They
> > > are spreading this poison to other countries, via
> > WIPO
> > > and corporate influences. 
> > 
> > We'll add WIPO to the Survivor game, then.
> > 
> > > Just because something is a
> > > treaty, doesn't mean we have to ratify it (START,
> > ABM,
> > > the BioWar Protocols, Kyoto).
> > > 
> > > The government and the Korps are laughing at us,
> > or
> > > can't you hear them?  the EFF is using this to
> > recruit
> > > members.  Adobe is using us, too.  Look at their
> > stock
> > > price.  There IS no such thing as bad publicity.
> > > 
> > > You are an organizer - THE organizer, IIRC - and I
> > am
> > > simply and civilly disagreeing.  Without escaltion
> > and
> > > noise, we will be ignored and this crap wil
> > continue
> > > to spread.
> > 
> > Please read the Art of War, if you have not already.
> >  And if you have,
> > please read it again.
> > 
> > We need preparation more than anything else right
> > now.  We need:
> > 
> > - An authoritative source stating the original
> > purpose of the DMCA (for
> > comparison to it actual effect)
> > - An authoritative source stating the original
> > intent of Article I,
> > Section 8, paragraph 8 of the Constitution ("To
> > promote the progress of
> > science and useful arts, by securing for limited
> > times to authors and
> > inventors the exclusive right to their respective
> > writings and
> > discoveries")
> > - An authoritative source stating contemporary
> > jurisprudence surrounding
> > Const. I,8,8.
> > - A comprehensive list of ludicrous statements made
> > in support of the DMCA
> > - A comprehensive list of ludicrous statements we
> > should avoid making
> > against the DMCA
> > - A refutation of every pro-DMCA argument that has
> > been made
> > - Solid research backing every anti-DMCA point that
> > we make
> > - An exhaustive list of the incidents in which the
> > pro-DMCA camp has
> > abused the DMCA (executed powers under the DMCA in a
> > manner harmful to the
> > common good)
> > - A comparison of rights under pre-DMCA copyright
> > law and current law
> > - Form letters ready to send to Congress WRT
> > reconsidering the DMCA
> > - A list of internationally recognized rights which
> > have been violated
> > over the course of Sklyarov's visit to the United
> > States
> > - A list of traditional rememedies for violation of
> > those rights
> > - Several solidly researched arguments in favor of
> > Sklyarov's release
> > - Examples of abuse of power by Mueller
> > - Several solidly researched arguments against
> > Mueller's nomination
> > - Form letters ready to send to Congress WRT
> > Mueller's nomination hearings
> > 
> > If possible someone should draft a bill that would
> > repeal or neuter the
> > DMCA and send it out for peer review over the next
> > several weeks, and then
> > to Congressman Rick Boucher for submission to the
> > Congressional dockett.
> > 
> > > 
> > > Adobe, the MPAA, the BSA...all of them are the
> > > problems.  We are the only solution.  We have the
> > > attention of the media and the masses.  It's time
> > to
> > > act!
> > 
> > Knee-jerk.  Too soon.  We must attack when we are
> > strongest.  It is better
> > to fight a defensive battle than a offensive battle,
> > for it leads your
> > opponent out of his fortifications.
> > 
> > Translation, we need to observse the response to our
> > protests and then
> > thoroughly refute it on Monday.  If there is no
> > observable response from
> > our opposition, we should simply replay the first
> > protest while we dig in
> > for the third.
> > 
> > Go read Sun Tsu now!
> > 
> > > 
> > > I will be patient and follow
> > orders/dirctives...but
> > > you need to think about where we take this, Peter,
> > and
> > > how far you are willing to go. THAT is the
> > > responsibility of a leader.
> > 
> > See above.
> > 
> > > 
> > > BTW, I destroyed ALL Adobe SW on my corporate and
> > > personal computers at my business and here at home
> > (I
> > > own the business and the computers and software -
> > I am
> > > not advocating damage to others' property!).  My
> > > offices are now declared 'Adobe Free' areas.  No
> > > Acrobat or .pdf files are allowed. 
> > 
> > We should be sure to publicize this at the right
> > moment, and not in haste.
> > 
> > > HTML only.  I am
> > > also divesting.  My accountant estimates this will
> > > cost me in excess of $15000 in lost business and
> > > additional work next month.  The divestiture's
> > damage
> > > will be a bit more.  
> > > 
> > > For those that are interested, the link to all the
> > > Adobe companies is:
> > > 
> > 
> === message truncated ===
> 
> 
> __________________________________________________
> Do You Yahoo!?
> Make international calls for as low as $.04/minute with Yahoo! Messenger
> http://phonecard.yahoo.com/
> 
> 
> _______________________________________________
> http://www.freesklyarov.org/ -- FREE DMITRY!
> sklyarov-chicago@ufo.chicago.il.us
> http://ufo.chicago.il.us/cgi-bin/mailman/listinfo/sklyarov-chicago
> 


------------------------------------------------((\))<----------------------
Nate Riffe			Help Dmitry Sklyarov find freedom in the so-
inkblot@geocities.com		called "Land of the Free."
                  http://www.eff.org/alerts/20010719_eff_sklyarov_alert.html