miriam_e: from my drawing MoonGirl (Default)
miriam_e ([personal profile] miriam_e) wrote2002-12-21 02:09 pm

Yay! Dmitry Sklyarov cleared

In the middle of 2001 software giant Adobe got the FBI to arrest Russian programmer Dmitry Sklyarov when he visited USA to attend a conference on security and encryption. The arrest was made under the new, disreputable DMCA (Digital Millenium Copyright Act).

Under Russian law, software users' rights are better protected than in USA. In Russia it is required that users be able to back up their data so that it can still be used in the event of failure of your main computer. Adobe's ebook doesn't allow this. Skylarov, working for Elcomsoft, made a program which allowed users that safeguard, though users still need their password to access the ebook. This required unravelling the ebook encryption. And that is where the insane DMCA came in. Under that fruitcake law people who make tools that can be used for illegal purposes are liable themselves to criminal charges. The trouble is anything can be used for illegal purposes.

Well, the US courts found Dmitry Skylarov innocent of the charges. Thank good sense!

Don't use Adobe products. They are not your friend.

[identity profile] striver.livejournal.com 2002-12-20 07:26 pm (UTC)(link)
Actually, Adobe backed off almost immediately in this case but the government did not. If it had been up to Adobe, the charges would have been dropped. It was most likely Adobe's reticence that resulted in the finding of innocent in this case.

[identity profile] miriam-e.livejournal.com 2002-12-21 07:39 am (UTC)(link)
True, Adobe tried to distance themselves from their original nasty action. I presume their second thoughts were motivated by the sudden blast of bad publicity. I think they were surprised at how badly they had misjudged the programming community and the degree of disgust their actions produced. They went into damage-control mode.

[identity profile] striver.livejournal.com 2002-12-21 11:58 am (UTC)(link)
That is partly correct. Adobe did get some very bad feedback but there was another factor involved as well. I don't remember the exact circumstances but they also suddenly found themselves on the wrong side of the DMCA for something they were doing. They realized that this just simply wasn't going to work.

They aren't a bad company, just typical "bottom line" slaves like every other succesful company out there. It actually reflects well on them that they were able to change direction so quickly in response to new facts and market reaction.