Re: [dvd-discuss] Skylarov indicted for trafficing and conspiracy.

[Steve Stearns <sterno(at)bigbrother.net>]

On Wed, 29 Aug 2001 Michael.A.Rolenz@aero.org wrote:

> IANAL but if found innocent and Adobe withdrawing support, Adobe may have 
> its own legal problems.....swearing out a false statement that caused 
> incarceration and prosecution.

Ah but was it false?  It is true that he worked for Elcom, and it is true
that he had a hand in writing the software.  There may be some debate as
to how much of a hand and how directly he can be held accountable for the
actions of Elcom, but that he had some part in writing the software is not
really in question.  For Adobe to get into trouble they'd have to
KNOWINGLY make a false statement.  Very hard to proove even if it was
true.

This is one of the big problems I see with how the DMCA is written when it
comes to identifying and dealing with copyright violations on-line.  If
the MPAA thinks you have something that vioaltes their copyright, then
they send a letter to your ISP telling them to remove it.  In that letter
they legally affirm that they believe your violation to be true.  But how
do they get called on this?  If they falsely accuse you, unless you can
proove that they knowingly lied, you can't do anything to them can
you?  There needs to be some consequence for a false accusation to keep
them in check and right now there seems to be no such provision.

The salem witch trials come to mind for some odd reason :)

---Steve