Dmitry Sklyarov: Adobe vs Elcomsoft

    Hi, All!

    First of all, excuse my bad English. As for now, we have no professional interpreters. AFAIK, no professional interpreter can work as much, as I had to do the last three days. And I'm just a Russian citizen. Its lucky for everyone, that I know a little bit English (because of computer study) -- we can communicate.

    There were 10 people on press-conference: the owners of the hall, four activists, three "free journalists" and two people, who said, that also can help in oranizing action. The place of the conference was symbolic -- "round table" in the bookstore.

    The majority of people get known about press-conference a day before or today morning, but postpone their deeds and came. It was hard to separate whats happening to press-conference and meeting of activists, because journalists came asyncronious. The owners of the hall also have their deeds, we meet with them at the beginning and at the end of the conference.

    American journalist interested in Adobe, but, when we declared that Adobe position is unknown until their negotiation with EFF, the topic was unjust arrest of Dmitry Sklyarov and DMCA law.

    One of the activists made suggestion, that Adobe is just playing "the second hand" of FBI, that is benifit from creation of DMCA precedent. He noted not good situation, that Adobe have found itself and expressed the opinion, that Adobe was specially selected, because Adobe problems aren't a problems of industry -- if protest actions will be against Microsoft or IBM, this will make a significant strike to the States themselves.

    DMCA law, factually, ban exploreing of protected programs, given to U.S. secret service to put impunity "holes", "trojans" and make "backdoors". If we permit Dmitry case to make precedent, the computer, you bought, is on FBI service, not your. Moreover, FBI will put into prison everyone, who will dare to publish the prove of "hole" presence, no matter of his citizenship or from what country he is.

    I told, that FBI words that Advanced eBook Processor copyright belongs to Dmitry mustn't be taken on trust. Willing people can download AEBPR from the site:

    and assure, that copyright, both in documentation and in the program, belongs to ElcomSoft company. Only those programs were "distributed", more accurate -- were put on ElcomSoft web site, during Dmitry visit in US.

    This fact was first time published on the described press-conference in Moscow.

    Dmitry is pursued by criminal article, because he got "financial gain" from selling the program. Ah! And here FBI makes unpardonable inaccuracy. The profit from sales took ElcomSoft company, Dmitry is her ordinary employer, on salary.

    If FBI willn't discontinue the case, it for sure must convert it into civil, non-criminal. May be, even not against Dmitry, but against ElcomSoft. The company against company, whose activity the first company count illegal.

    Charges, that Dmitry imported in US ElcomSoft product with primary use to take protection off from protected products, is false twice. Programs, that were "imported" by Dmitry, were for the only aim -- demonstration that all, that is told about eBook "protection", differs from reality. He flyed to the conference only because of that -- to make computer security speach, not for taken protection from God know what books. Charge him with this one can no more, that detective story designer in murder.

    Dmitry commit no crime on the US territory neighter by US law, nor by Russian. In Russia he behave himself lawfully. One can arrest him in US no more, than arrest foregner in Moscow, who smoke marijuana sigarette in Amsterdam (where it is legal) a year before. Even USSR don't put into jail americans, that said bad words about communists in US -- that is illegal by Soviet laws.

    There are too many such inaccuracies and stiffnesses in the case against Dmitry. Factually, Americans must chose now -- to live in police state, when every toaster, bought on your money will execute secret FBI instructions, or help to free Dmitry.

    The most sad for us is that DMCA law begin its terror from citizens of other countries, becoming the problem of worldwide scale.

    About protest actions in Moscow.

    Being listening to EFF opinion, that advice to postpone street actions of protest until Adobe position will be clear on negotiating with EFF on Monday, 23 of June, we desided.

    We'll continue preparation the protest action in the capital of Russia, but hold it until EFF desision.

    Ilya V. Vasilyev
    Civil Hackers' School
    Moscow Center +7(095)162-4767

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