more on Skylarov

[David P. Schwartz]

"der.hans" wrote:

> Am 25. Jul, 2001 schwäzte David P. Schwartz so:
>
> > If you think about it, this situation is the moral equivalent of what the
> > Chinese did with the crew of the EP-3 that ditched on that island a few
> > months ago.  We're doing what the Chinese did.  Both situations are based
> > primarily on idiological stands -- there might be "legal" aspects to them,
> > but basically it's nothing more than grandstanding, IMO.
>
> Big difference. We didn't knock Skylarov out of the air.
>
> I diasagree with the laws their enforcing, but a country has to be able to
> enforce its laws, even against foreigners. Hopefully the stupid laws will go
> away.
>
> ciao,
>
> der.hans

Supposedly the "crash" between the two planes happened over international waters.  I don't know who hit whom, but their guy is dead and
our guys lived.  Kinda hard to argue that.  If somebody dies in an accident you or I might be in, we can expect to endure a certain
amount of "probing" by officials.

Skylarov did his work outside of US Jurisdiction, too, but -- it wasn't an accident and nobody died.

I don't like a lot of the DCMA provisions either.  But, I certainly wouldn't expect to get arrested in California after giving a speech
in LA about how radar warning devices helped me evade DPS onlookers while I was speeding outside of Tonopah just because it's illegal to
use them in CA but not AZ (hypothetically speaking, since I have no idea what their legal status is anywhere, other than they're illegal
to USE -- not just to discuss -- in some jurisdictions).  The crime occurred in AZ, and is thus subject to AZ jurisdiction.  What right
does CA have to arrest you for it?

By the same token, what right does Adobe have to ask that somebody who did something that is legal in his home jurisdiction ("over
there") be arrested while visiting here just because it would have been illegal if he did what he did here?  The fact that US Marshalls
and the FBI intervened in an issue that happened outside of US jurisdiction (just like the planes crashing) makes it no different from
the China incident, in my mind anyway.

-David