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RE: [dvd-discuss] Sklyarov Motion to Dismiss Indictment

Also interesting is how they emphasized "protects a right of a copyright 
owner".  Only the rights that a copyright owner has can be protected. By 
inference, anything else is not - just as demanding royalties for 
quotations is. It's a good argument they present. The argument falls short 
of the fundamental problem with the DMCA but at least it's hitting the 
rock with a good sledge....What bothers me with the wanton abandon that 
the media content providers have enbraced the idea of encryption is that 
its purpose is to keep things secret. To prevent the free flow of 
information. But to promote progress, the free flow of information is 
essentual. Wholesale adoption of TPMs is destroys that. The solution to 
copyright infringement is not by adopting widespread encryption. (if 
nothing else, the people advocating TPMs have no idea of the difficulties 
of key managment......CSS shows that)

Richard Hartman <hartman@onetouch.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/30/02 09:26 AM
Please respond to dvd-discuss

        To:     "'dvd-discuss@eon.law.harvard.edu'" <dvd-discuss@eon.law.harvard.edu>
        Subject:        RE: [dvd-discuss] Sklyarov Motion to Dismiss Indictment

I like the section titled "The Lawful Uses of AEBPR."
Lots of real-life uses of the Elcomsoft software to
perform circumvention, including at least one by a
governmental agency (State of Wisconsin, "in order to 
resolve the problem of 'content being restricted to the 
computer that was used to download the ebook.'" ).
Even better, another case states "One individual sought 
a copy of AEBPR on behalf of Time Warner Communications."

Take that, Jackboots!

This motion also goes into the authorization issues.

If this motion is accepted by the courts, can that
be cited as precedent, or would this be another case
of winning w/o leaving any lasting marks on the legal 

-Richard M. Hartman

186,000 mi./sec ... not just a good idea, it's the LAW!

> -----Original Message-----
> From: John Young [mailto:jya@pipeline.com]
> Sent: Tuesday, January 29, 2002 8:03 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: [dvd-discuss] Sklyarov Motion to Dismiss Indictment
> We offer Dmitry Sklyarov's "Motion to Dismiss Indictment
> for Violation of Due Process" filed yesterday:
>   http://cryptome.org/usa-v-ds-mtd.htm