sklyarov

Am 28. Aug, 2001 schwäzte Eric so:

> thanks matt. i am trying to find the actual complaint in order to see how
> the hell the US thinks it can claim jurisdiction over someone who lives and
> works in Russia. Did the guy post his paper on the Internet? Is that how
> jurisdiction is obtained.

Skylarov's company made their product available for purchase in the .us. Due
to the DMCA they say it is illegal. They had an Internet storefront operated
out of the .us for sales in the .us, that storefront listed Skylarov as the
person in charge for it. That's why they arrested him. I don't know if
they'd have gone after him if he hadn't been listed as the responsible party
for the .us storefront. They shouldn't be able to do anything about the
programming and reverse engineering he did as they are legal in .ru. But,
selling it in the .us is illegal. A travesty, but illegal nontheless.

> Here is what I mean: if I go to Germany and drive 200mph on the Autobahn,
> can I come home and then be prosecuted by Rick Romely for speeding? That
> would be absurd. So how is the US claiming jurisdiction? What relation do

Completely different circumstance. Make a call to the .us to assist in an
illegal drug sale while driving on the Autobahn at 200 MPH and he can go
after you for trafficing, regardless of the fact that you were on the
Autobahn.

> Sklyarov's activities have with the US? Where is the nexus? I thought the
> indictment would have some info on that...

I think it did. Haven't read it for a few weeks. There might've also been
something about his talk for defcon being illegal.

One of the most direct ways of getting rid of the DMCA is for Skylarov's
case to get to the supreme court. The .us prosecution ( especially if they
go overboard asking for 25 years, etc. ) will help it get there quicker.
Those prosecutors might actually be on our side :).

ciao,

der.hans
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