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U.S. To Drop Charges Against Sklyarov

timothy posted more than 12 years ago | from the in-exchange-for-testimony dept.

The Courts 329

Schmerd writes: "The New York Times has a story saying that charges will be dropped against Dmitry Sklyarov in exchange for his testimony against his employer ElcomSoft." Si adds: "It looks like Dmitri might be home for Christmas. This is not the end of the trial, but it appears Dmitri has been freed, pending certain stipulations." jij adds this breaking news article on the Associated Press wire as well. (The AP story is also at Wired). Update: 12/13 22:23 GMT by T : sam@caveman.org links to a slightly more in-depth AP report at the Seattle Post-Intelligencer.

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mod me up scotty... (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2701328)

yeah

He was still in jail? (0)

Anonymous Coward | more than 12 years ago | (#2701329)

I thought he was out by now. No one seemed to have been shouting about freeing Skylarov for the past couple months, after all.

Re:He was still in jail? (1)

grimarr (223895) | more than 12 years ago | (#2701378)

No, I'm pretty sure he was out on bond, as of late August if I recall. (a vague memory, sorry.)
But he was forbidden from leaving California, and of course it's nice not to be facing trial, so it's still great news for him.

Re:He was still in jail? (1)

joebp (528430) | more than 12 years ago | (#2701472)

But he was forbidden from leaving California, [...] so it's still great news for him.
Hey, I had no idea California sucked so much!

Re:He was still in jail? (2)

Amazing Quantum Man (458715) | more than 12 years ago | (#2701513)

When your wife, kids, and life are in Russia, and you don't have a choice about leaving, yeah, it does suck.

Disclaimer, I'm a Californian, and wouldn't live anywhere else... but that's *MY* choice, not the DOJ's to make.

This is good (1, Offtopic)

billmaly (212308) | more than 12 years ago | (#2701330)

Flame me if you must, but following Sept. 11, Dmitry's "crimes" don't seem quite as heinous as previously depicted.

flame? take THIS! (0, Offtopic)

theblackdeer (453464) | more than 12 years ago | (#2701468)

flamity flame-flame! OH, sorry ... you're quite right, i agree ... just got excited about someone asking to be flamed ...

However, @# 10**30 ; Googlacious @# (0)

Anonymous Coward | more than 12 years ago | (#2701473)

What does the infamous-uber-cyberjournalist-
wannabe Jon Katz think about this?

People DON'T want to know.

Thank you and have an Afghan opium-filled day.

see? (1)

flynt (248848) | more than 12 years ago | (#2701331)

I knew this would happen. You know why? Cause it was stupid. And usually when stupid things happen, someone made a mistake. Mistakes usually get corrected, just like this one. Sure it probably sucked being in jail for months, but look around where you are, is it really that much worse than what you see?

Re:see? (2)

nyet (19118) | more than 12 years ago | (#2701366)

You poor, deluded, naive little boy.

How exactly is forcing him to rat out his boss in return for being let out of jail (where he has been rotting for months, by your OWN admission) correcting a mistake?

Re:see? (0)

Anonymous Coward | more than 12 years ago | (#2701379)

Because his company broke the law , they should be going after them, not this kid.

Re:see? (0)

Anonymous Coward | more than 12 years ago | (#2701506)

My God, you are an idiot. Since when did laws passed in the USA take effect for companies based overseas?

Too true! (-1, Troll)

Allah_Spork (524500) | more than 12 years ago | (#2701383)

Yahoo! [yahoo.com] has a GREAT story about the Russian, and suprisingly, Greek, reaction to this!

Allah Spork Rocks (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2701418)

Yahoo! [yahoo.com] has a great article about how much you suck Allah_Spork. If you want your troll to work, at least use a UserID that is not -1 and a nick that is not "spork" related.

Re:see? (1)

LordKariya (195696) | more than 12 years ago | (#2701469)

The question is - Is he willing to testify against his employer, or is this a case of "either rot in jail or do this"? I doubt Skylarov has much of a choice if he wants to go home.

Re:see? (1)

Supa Mentat (415750) | more than 12 years ago | (#2701437)

OH MY GOD, do you know anything about what being in jail is like? Have you seen the Shawshank (sp?) Redemption? I have my freedom, if I wanted to tomorrow, I could drop everything I'm doing and devote my life to doing almost anything I can imagine (bar "cirumventing copyright protection mechanisms" in a country where it's leagal I guess). When I look around I see my belongings and my living space, the ones that I chose and I arranged. I cannot believe you could possibly think that the situation most slashdotters are in is not that much better than imprisonment.

Well that sucks ... (2)

s20451 (410424) | more than 12 years ago | (#2701336)

I mean, this is great for Dimitry, but it seemed like a perfect case to test the DMCA against the First Amendment.

DOJ is biding their time.... (5, Insightful)

Bonker (243350) | more than 12 years ago | (#2701425)

The fact that it was a good test case is probably amoung the foremost of the reasons it was dropped.

Say what you will about evil crackers and hackers who restlessly violate people's property. Dmitry was obviously not one of these people. He wrote a tool to do something that is still quite legal in Russia, and is considered to be quite a scholar and expert by many. Any competent lawyer would have been able to present him as such. He would have a huge chance of getting

The U.S. has zero chance to uphold the DMCA unless they get precident behind it that come from using it to prosecute someone who they can present as having evil purposes... such as any of the alleged DoD crackers arrested this week.

As long as the people who get involved in lawsuits are fairly upstanding individuals, they can't afford to prosecute. Once they come across someone who would probably be sent up the river even without the DMCA, then they'll prosecute.

Just watch...

Re:DOJ is biding their time.... (2)

swillden (191260) | more than 12 years ago | (#2701550)

The fact that it was a good test case is probably amoung the foremost of the reasons it was dropped... As long as the people who get involved in lawsuits are fairly upstanding individuals, they can't afford to prosecute. Once they come across someone who would probably be sent up the river even without the DMCA, then they'll prosecute.

Umm, just one thing: They haven't dropped the case, and they're still going to prosecute. The change is that they're going to prosecute Elcomsoft rather than Dmitry. As another poster said, this is really the best of all possible outcomes: the DMCA will be tested on a case in which arguably zero damage was done to the plaintiff and Dmitry gets to go home.

Also, remember that it's possible that in spite of Congress' zeal in passing this law that the DOJ may not feel the same way about it. It's not unreasonable to think that law enforcement officials might see the DMCA as just another pain in the ass law they have to enforce as opposed to, say, rooting out terrorists (which is much more likely to earn a promotion). Maybe they want to test it and get it thrown out so they don't have to screw with it anymore.

Re:Well that sucks ... (0)

Anonymous Coward | more than 12 years ago | (#2701482)

Shut it! Your elected officials helped create the DMCA. If you don't like the DMCA, vote for someone who'll fix it, don't just cry about how you voted your 'rights' away.

Linux SUCKS.
Leucian
spankmehoff@hotmail.com

Re:Well that sucks ... (1)

modemboy (233342) | more than 12 years ago | (#2701484)

Well, it sounds like they're pursuing charges against ElcomSoft, wouldn't that be using the DMCA to go after them?

Re:Well that sucks ... (1)

s4m7 (519684) | more than 12 years ago | (#2701497)

I don't think that sklyarov ever signed up to be a martyr for the cause. If you want to go 'test the dmca' while your wife and child starve, you go right ahead, but I'm with Dimitry. Let the company stand trial, and get this poor bastard who never hurt anyone out from behind bars!

When will the justice dept. get it through their thick heads that they can't go around doing the corporations bidding at the expense of the citizenry?

A Positive Step? (2)

twoflower (24166) | more than 12 years ago | (#2701337)

Is this really a positive step? Wouldn't it have been better to have the law struck down in court as unconstitutional?

Of course, it's definitely better for Dmitry.

Twoflower

Re:A Positive Step? (5, Insightful)

JScarpace (463675) | more than 12 years ago | (#2701371)

The case is continuing in court, but it won't be against Dmitry, just Elcomsoft.

This really is the best of both worlds. We get the opportunity to see the DMCA blown out of the water, and Dmitry gets to go home for the holidays.

Re:A Positive Step? (3, Flamebait)

pdqlamb (10952) | more than 12 years ago | (#2701559)

And wait, it gets better. If Ashcroft and his DoJ pursue the case and win, courtesy of judges carefully bought and paid for, nobody gets hurt (except the civil liberties of Americans). Elcomsoft goes to a Russian court, which throws out any penalty because what they did wasn't against Russian law. Elcomsoft chooses its banks carefully and wisely, and the government can't collect. Asscroft looks like a fool.

But... (1)

NecroPuppy (222648) | more than 12 years ago | (#2701339)

Isn't he part owner of the company he works for?

So he'd be going free in exchange for testemony against himself???

Nice deal (1, Interesting)

czardonic (526710) | more than 12 years ago | (#2701342)

So, all he has to do is sacrifice is livelihood by ratting out his employer? When is are the Miranda Rights going to be officially changed to "Your money or your life."

Re:Nice deal (2)

twoflower (24166) | more than 12 years ago | (#2701370)

It is if his testimony is "No, we never did that. Why do you ask?"

Re:Nice deal (1)

homer_ca (144738) | more than 12 years ago | (#2701519)

I'm curious about this. The article doesn't call this an immunity deal, and it doesn't say he is obligated to provide incriminating testimony. If he just tells the truth, there is still lots of leeway for him to spin the facts in favor of his employer.

"Sklyarov will be required to give a deposition in the case and possibly testify for either side, prosecutors and defense attorneys said Thursday."

poo (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2701343)

poo

... (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2701347)

at last...

What a sell out. (0, Troll)

Burgundy Advocate (313960) | more than 12 years ago | (#2701352)

So his employer goes and stands by him throughout the entire ordeal...

And this is how he repays them?

Talk about biting the hand that feeds you. He should refuse, and stay in jail until they work out something fair like dropping all charges against him and his employer.

Anything less and he's a weak-hearted coward.

Would you not do the same thing? (4, Insightful)

Chloe Dubois (541434) | more than 12 years ago | (#2701399)

If you were suddenly arrested by the federal polices, and held in jail for many months without being able to see your wife and very young child, I doubt you would give up the chance to see your family and native home again. He is no "weak-hearted coward" for putting his own dedication to his family above your silly anti-DMCA campaigning. He is just a regular person like you or myself, he does not wish to be the revolutionary or martyr for your cause.

I for one am happy to know he is free to be seeing his wife and children; I know if I were kept a long time from my soon-to-be-husband Yves for a great part of a year, I would do anything to see him again, and I think you would too.

Some words from Dimitri himself... (-1)

Allah_Spork (524500) | more than 12 years ago | (#2701413)

Yahoo! [yahoo.com] has a GREAT story Dimitri's reaction to this. Also some words from his wife.

Re:Would you not do the same thing? (2, Insightful)

zbuffered (125292) | more than 12 years ago | (#2701431)

The company he works for put up his bail and arranged for his defense, no? So if what he says in trial goes strongly against them, i.e. "I didn't want to write it, but they made me, honest!" then he's a coward. If, however, he says, "yeah, I wrote it, they bought it from me and decided to sell it" or some such thing, well that's different.
Also, I don't seem to know of any charges being held against his employers yet, so for now, nobody is in trouble. This wrong has been righted, if only temporarily.

Re:Would you not do the same thing? (1)

Craig Davison (37723) | more than 12 years ago | (#2701501)

He's no coward. He should say whatever he can to get out of jail. The world fucked him.

Re:Would you not do the same thing? (1)

rks404 (267508) | more than 12 years ago | (#2701533)

"I know if I were kept a long time from my soon-to-be-husband Yves for a great part of a year, I would do anything to see him again, and I think you would too"

You are so right. I would do anything to be able to hold Yves in my arms again.

Sorry! (0)

Chloe Dubois (541434) | more than 12 years ago | (#2701556)

I am afraid my english is not so good, and unfortunately my poor phrasing is often causing silly double entendres. Please forgive me! :-)

Re:What a sell out. (1)

catsidhe (454589) | more than 12 years ago | (#2701523)

Actually, you are wrong.

Quote"
ElComSoft's chief executive, Alex Katalov, said he was pleased that the company, not Sklyarov, would bear sole responsibility for the charges.

"Unquote from the report.

Re:What a sell out. (1)

RAVasquez (318309) | more than 12 years ago | (#2701531)

Testifying against Elcomsoft doesn't have to mean he has to dig up dirt about their money-laundering or porn-ring operations (unless that's what they're up to). It simply means discussing the technical details by which their product was created and what it does. I imagine Dmitry and Elcomsoft still believe that they're in the right, and that with the facts on the table they'll be vindicated.

Re:What a sell out. (1)

modemboy (233342) | more than 12 years ago | (#2701535)

ElComSoft's chief executive, Alex Katalov, said he was pleased that the company, not Sklyarov, would bear sole responsibility for the charges.


Read the link... Sounds like the company supports him.

Happy Holidays... (0, Flamebait)

Ravagin (100668) | more than 12 years ago | (#2701357)

It looks like Dmitri might be home for Christmas

Does he celebrate Christmas?

I'm not trying to be a smartass, honestly....

Re:Happy Holidays... (-1)

Allah_Spork (524500) | more than 12 years ago | (#2701372)

At this Yahoo! [yahoo.com] article, it says he will celebrate 'Orthodox' christmas.

Re:Happy Holidays... (1)

SuzanneA (526699) | more than 12 years ago | (#2701416)

Probably... From what I remember, most of Russia is Orthodox Christian, so they probably do celebrate christmas.

Also, from what I remember 'saint nicholas' was/is the patron saint of Russia...

Re:Happy Holidays... (2)

CaseyB (1105) | more than 12 years ago | (#2701423)

Probably.

Religion [strategicnetwork.org] : 57% of the population is Christian with 1% being Protestant. 33% of the population is non-religious and less than 9% of the population is Muslim.

Most "non-religious" people in predominantly Christian countries celebrate Christmas as well, so it's a pretty good bet.

Re:Happy Holidays... (1)

kenl999 (166189) | more than 12 years ago | (#2701558)

Yes, Orthodox Christian celebrate Xmas, they just do it according to the old (Georgian?) calendar, so it's in early January.

And of course, not every Russian is Orthodox Christian, anymore than every Afghan is Taliban.

Dmitri does not have to testify against ElcomSoft (2, Redundant)

_Ash_ (126458) | more than 12 years ago | (#2701360)

If I've read the articles correctly, Dmitri does not have to testify against ElcomSoft. He just has to testify, whether for or against, it doesn't make a difference.

poo 4 joo (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2701364)

meuw says the kitty

Their plan (1)

BigGar' (411008) | more than 12 years ago | (#2701368)

One has to wonder if this was their plan all along.

he is not testifying against his employer... (5, Interesting)

tcyun (80828) | more than 12 years ago | (#2701373)


In today's agreement, Dmitry will be required to testify for the government and ElcomSoft expects him to testify for their case as well. The story Dmitry has to tell is exactly the same regardless of which side calls him to testify. Dmitry's story has not changed since that day in July, when the FBI arrested him in Las Vegas, and he is quite happy to tell his story again and again, if need be.


- from the planetpdf article

To say that he is going to testify "against" his employer seems to be a bit much. The various articles say that he will testify and that it is unsure which side will call him first.

Re:he is not testifying against his employer... (1)

brulman (183184) | more than 12 years ago | (#2701411)

will it remain a criminal case against Elcomsoft? How will they prosectue a Russian company with a US law?

answered my own question... (5, Interesting)

brulman (183184) | more than 12 years ago | (#2701438)

"...Joe Burton, lead attorney for ElcomSoft, reacted to today's outcome saying "I want to make a statement on behalf of ElcomSoft, my client -- Both my client and I have, since the beginning of this case, maintained Dmitry's innocence on any and all criminal activity. From day-one of the arrest ElcomSoft has been willing to have the Government proceed against them and NOT Dmitry. Burton further states "you may remember that ElcomSoft offered to take Dmitry's place and substitute the company as the sole defendant in this case -- The company knows that neither Dmitry nor they committed any criminal acts and believes that in the end, they will be found innocent of any and all charges the U.S. Government is bringing against them as well...."

you know, this guy has a real class act employer.

BUT.... (-1)

Allah_Spork (524500) | more than 12 years ago | (#2701430)

According to this Yahoo! [yahoo.com] article, the government is trying an 'end-run' legal tactic. Very deisturbing news for the Open-Source movement, esp. for the FSF!

freedsklyarov.org (3, Funny)

waldoj (8229) | more than 12 years ago | (#2701375)

[waldo@tux]$ whois freesklyarov.org

AgentZero Technologies
955 Massachusetts Ave #130
Cambridge, MA 02139
US

Domain Name: FREESKLYAROV.ORG

Record last updated on 13-Dec-2001.
Record expires on 18-Jul-2002.

[waldo@tux]$ whois freedsklyarov.org

No match for domain "FREEDSKLYAROV.ORG".


Hmm...

-Waldo Jaquith

Why (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2701377)

Why the ugly green and brown color scheme ?

Wow! (1)

tcc (140386) | more than 12 years ago | (#2701380)

One sentense: Congratulations to all the people that beleived in teamwork, online community and and people that pursued this issue until the end without letting their hopes up; this is a nice step.

come one (2, Interesting)

Anonymous Coward | more than 12 years ago | (#2701388)

The Times carried the AP wire. Wired carried the AP wire. You also linked to the AP directly. Don't the editors read before they publish? They're all the same!

Would you prefer (2)

Srin Tuar (147269) | more than 12 years ago | (#2701490)

Twenty posts begging for a mirror?


This story probably wont generate a slashdotting, in some part because of the number of different sites linked to.


But somebody always has to complain about something then, dont they.

Why this will be good for breaking the DCMA. (2, Insightful)

JASegler (2913) | more than 12 years ago | (#2701389)

If you look at the facts this is a good deal for everyone.

Dmitri gets to go home.
He gets to testify about writing a legal program in Russia.
The DMCA test case becomes US vs ElcomSoft.

Unfortunately, I doubt the chilling effect on presenting scientific/research papers will get explored. Although he would be able to persue a judgement like Felton went for and not get it thrown out like his was.

-Jerry

OT (-1, Troll)

Anonymous Coward | more than 12 years ago | (#2701392)

first post!!!

A good deal... (2, Informative)

Xerithane (13482) | more than 12 years ago | (#2701395)

The DMCA still will be tried, and may or may not withstand judgement. However, no single person is getting the shaft from the long arm of the law which will help make this much easier on everyone involved on the defensive end.

Let him testify, my guess is his testimonial will serve ElcomSoft better in defense.

... So, if he weighs the same as a duck ...

It's a plea bargain (1)

nicedream (4923) | more than 12 years ago | (#2701398)

So the government still thinks they're in the right, they're just turning the targets against each other.

This is NOT a step in the right direction.

The first person to yell "sellout".... (2)

Teancom (13486) | more than 12 years ago | (#2701402)

had better be willing to go to jail for his beliefs, in Russia, for an indefinite amount of time. Because otherwise, stfu.

Ignorance (1)

The Great Wakka (319389) | more than 12 years ago | (#2701410)

I don't know what this whole thing is about. Could someone give me a rundown of this case so far? Who is Dimitri Skylarov? What did he do? Why are we all supporting him? In explanation, please include : OBJECTIVE or SUBJECTIVE.

Re:Ignorance (1, Funny)

Anonymous Coward | more than 12 years ago | (#2701478)

OBJECTIVE:

The world wide web can be used as a tool with which to research many topics. In particular, there is a large quantity of information available about current events, especially those relating to technological issues.

SUBJECTIVE:

You are lazy.

Seriously, do you really expect others to do this for you, when all the information is right at your fingertips?

Re:Ignorance (1)

night37 (543185) | more than 12 years ago | (#2701544)

New to Slashdot, eh? Here is some basic information [freesklyarov.org] regarding the case.

AP article incorrect? (2)

Xerithane (13482) | more than 12 years ago | (#2701415)

The article states Dmitry lives in San Mateo with his wife and 2 kids. Did that change since the trial and he decided that he really did like the good ol' USA?

At least they put on that Defcon was about hacking, you wouldn't want people to actually know it is a security conference that a lot of legitimate people speak and learn at.

I thought /. reviewing of facts was bad.. geez.

Re:AP article incorrect? (2, Informative)

Gonarat (177568) | more than 12 years ago | (#2701496)

Dimitry really did not have much choice. He was released from jail on bail provided he stayed in California. His wife and kids came to the U.S. because Dimitry was not allowed to return to Russia.

Re:AP article incorrect? (1)

DjReagan (143826) | more than 12 years ago | (#2701514)

I guess thats where he's been living while the trial has been in progress - his bail conditions required him to remain in Northern California.

Re:AP article incorrect? (2)

Corgha (60478) | more than 12 years ago | (#2701528)

At least they put on that Defcon was about hacking, you wouldn't want people to actually know it is a security conference that a lot of legitimate people speak and learn at.

Strangely, the writer seemed to change his/her mind midway through.
At the beginning, we have:

Sklyarov was arrested after speaking at a hacking convention in Las Vegas on July 16.

but at the end:

Adobe complained to the FBI, which arrested Sklyarov as he was preparing to fly back to Russia from the computer security convention.

Maybe the AP just wants a little variety to spice things up.

DMCA will never get to the US Supreme Court (5, Insightful)

JungleBoy (7578) | more than 12 years ago | (#2701429)

I doubt that the DMCA will ever be tested in the US Supreme Court, especially in a criminal case. The corporations who put the law in place won't risk lost profits by letting the DMCA be test against the Constitution at the highest level. They will continue to beat people (and small companies) with it, then they will either get the case dropped or thrown out.

There is something severely wrong with the check and balances system of the US Gov't. Laws don't have to be constitutional to be passed. Corporations (or AG Ashcroft) just have to keep the nconstituional laws from being tested all the way up to the SC. What we really need is a judiciary review of new laws (before they go into effect) which pits them against the constitution.

-JungleBoy

Re:DMCA will never get to the US Supreme Court (2)

Mr. Barky (152560) | more than 12 years ago | (#2701516)

Sorry, but there's nothing in the constitution preventing Congress to pass constitutional laws. Indeed, there's nothing in the consistition saying that the courts are where laws are deemed to be constitutional. The Supreme Court took this power upon itself, way back when (sorry, I forget the case where they decided it). They basically said "if we don't, then who?".

Legal Advice for foreigners (1)

Jeff Kelly (309129) | more than 12 years ago | (#2701435)

Oh how nice of them to not charge him if he sells out. But they shouldn't have arrested him in the first place.

In the future does every foreigner need to consult a lawyer before travelling to the U.S.? Since anybody might be arrested there for crimes which might not even be illegal in his country and might not even be committed in the U.S.?

Is U.S. law now world law? Many questions about this case remain unanswered. The only thing I know is that I will now no longer be able to travel to the United States without being a little bit frightened that just by being an Open Source Programmer and only abiding to my own country's law might bring me an arrest warrant and imprisonment in the U.S.

Jeff

Re:Legal Advice for foreigners (1)

Glenn2372 (461378) | more than 12 years ago | (#2701507)

You're taking this way out of proportion.

Sklyarov didn't break ANY law just by coming over here. The government didn't have an issue until he demonstrated an action that DID break a US law WHILE HE WAS UNDER US JURISDICTION.

Now, the issue about whether the DMCA is a bogus law that shouldn't be around, that's a debateable issue. But the fact is, under the current law, he did break the law. The same would be in your case. Abiding by your country's law is fine and dandy while you're in your own country, but the minute you come into US jurisdiction and CONTINUE to abide by only your country's law, you've committed a crime.

I feel for Dmitri and I didn't want him to do time, but legally, he broke the law, plain and simple.

Hmmm, the same day that we withdraw from ABM... (2, Funny)

JeremyYoung (226040) | more than 12 years ago | (#2701439)

It makes you wonder...

Free at last (2, Insightful)

sllort (442574) | more than 12 years ago | (#2701440)

Free at last.

We can make whatever political statement we like about the American laws he may or may not have broken.

But I'm pretty sure he's going to be happy to go home to Russia and see his wife and children.

You know, Russia. Where he's safe from government persecution.

Another Spammer Set Free (1, Informative)

Anonymous Coward | more than 12 years ago | (#2701441)

Well, now he can go back to Russia and pick up on his day job again, which is developing that program his company sells for harvesting email addresses from online forums for spammers to use.

Yep. That's where he gets his money. By selling his skillz to the spammers. They'd never be as effective at harvesting email addresses as they are without the closed source product his company will sell them.

Now that he's out of jail can we get back to hating him for being the spam-enabling fuck that he is? Can we? Please?

Re:Another Spammer Set Free (0)

Anonymous Coward | more than 12 years ago | (#2701492)

For background information, here [mailutilities.com] is the product that his company sells which spammers use to harvest email addresses.

So in other words.... (1, Troll)

leereyno (32197) | more than 12 years ago | (#2701442)

...he is going to be turning state's witness on his employer. I don't see how this is a victory for anyone but the state. Last time I checked the quality of living in a US prison was roughly on par with a middle class existence in the former Soviet Union. Three squares and a cot is a lot more than many russians can claim to have. I think if were him I'd give "the man" the finger and go back to my cell. Besides, what possible impact would a convicion in this country have were he to actually go back home? Would anyone there pay it any heed?

Lee

Eric S Raymond (-1, Offtopic)

Anonymous Coward | more than 12 years ago | (#2701444)

Eric S Raymond is a foulmouth motherfucker.

As for this Russian geezer .. well, he can just go and stick his head in a pig.

I sure hope he visits /. (0)

Toxxy (231886) | more than 12 years ago | (#2701448)

I think I know what clearance t-shirt he'll be putting on his ThinkGeek wishlist.

maybe we can buy him back a little time... (2, Interesting)

msouth (10321) | more than 12 years ago | (#2701455)

...a la the Damian Conway purchase. Anyone in the right place to set up a little "hey, sorry our country hassled you, here's something for your trouble" fund? Or am I just being naieve thinking, well, among other things, that I can spell naieve?

Re:maybe we can buy him back a little time... (2)

victim (30647) | more than 12 years ago | (#2701474)

I'm in for $10. Maybe sending checks in care of his lawyer would be an appropriate mechanism?

This might be very good. (0)

Krapangor (533950) | more than 12 years ago | (#2701459)

Again a successful strike against the habit of the US to extend their legislation to other countries.
This must be stopped because if the US do this China and Iran will do it, too. And women might be arrested on tourist trips in the middle east for having a homepage which shows pictures of them to other men or even show them without their head covered with a sack.
From the legal point there is no difference between the laws in Iran/China and the US, if US laws hold on all the internet, then China's/Iran's does it, too.

What does it matter anyway? (5, Interesting)

chuckw (15728) | more than 12 years ago | (#2701461)

What does it matter if he testifies against his company? The US can't do a darn thing to them since they aren't in this country. Look at the DeBeers monopoly. Diamonds aren't rare at all, but DeBeers made some strategic agreements with countries to keep most of the supply locked up. Now the DeBeers executives will be arrested if they ever enter this country. That judgement hasn't done a darn thing. DeBeers still operates and so will ElmComsoft(SP?). I think it's just the justice department's way of saying, "Yeah, it's a stupid law, but we'd look stupid if we just let you go, so we're going to ask you to do something stupid so we can save face."

Swell! (2)

Greyfox (87712) | more than 12 years ago | (#2701471)

You're free to go Dmitry! Sorry about holding you in a US Jail all that time! Changed our minds!

He should be able to sue for something. Damned if I can think what, though.

Poor mr ? (0)

Anonymous Coward | more than 12 years ago | (#2701475)

So mr ? typed in 'killall X' at the konsole and then his desktop disapered! the lovley KDE with all its lovley icons, eyecandy to the max with the ease of windows had died, and he faced a horible fate!



[mr?@tuxbox /home/mr?]



He was powerless to stop it, how could something so terrible happen? No body really knows, but the X window enviroment can be kicked in to oblivion so easily. Luckily he remembered that legendary 'startx' command. Beware the K of the KDE! Be more careful mr ?!

Cooking in jail (0)

Anonymous Coward | more than 12 years ago | (#2701479)

After living in jail with criminals for few months? Now he is robably thinking of revenge!

sucks (0)

Anonymous Coward | more than 12 years ago | (#2701485)

damn, he should have gotten capital punishment for doing evil things to adobe

Party time!!!! (2)

Supa Mentat (415750) | more than 12 years ago | (#2701486)

I don't live in CA and couldn't get there anyway but why don't all the people who protested for him through a party in his honor before he goes home. Show him that not all Americans are jackasses and celebrate his freedom at the same time. Obviously he'd rather go home to his wife and kids but the party could easily be before he is allowed to leave California, it would at least lighten up the time before he gets to go home.

Red's Free America, Film at 11 (3, Informative)

eddy the lip (20794) | more than 12 years ago | (#2701494)

for some reason, the wired print version [wired.com] has more info, including this bit:

ElComSoft's chief executive, Alex Katalov, said he was pleased that the company, not Sklyarov, would bear sole responsibility for the charges.
i have to say, i'm very impressed with ElComSoft's generally enlightened attitude.

wouldn't it be ironic if a russian company played a role in freeing america from an unjust law?

Only an ammendment can defeat the DMCA (1)

night37 (543185) | more than 12 years ago | (#2701498)

I'm relieved to know that he is going to be the set free. I've been very vocal about this at my school ever since it happend. This has been a global embarrassment for our country and our system of laws.

But the DMCA needs to be defeated by an amendment, not by the court system. If the DMCA were found to be flawed by the courts, all they would do (I believe) would be to change it just a little just for the particularities of that case. We need to keep pushing our congressmen to do away with this horrible law once and for all.

Footnote - I'm just repeating what I heard Isaac say once on Off the Hook [2600.com] . So credits to go him.

I agree (2)

roystgnr (4015) | more than 12 years ago | (#2701540)

It's called the first amendment. Free speech in Perl should be as protected as free speech in French. Can anyone honestly say, "It should be legal to tell someone how to make a pipe bomb but not how to decrypt a DVD" with a straight face?

who cares (1)

Versa (252878) | more than 12 years ago | (#2701511)

Charging a buisness based in another country with a crime. so what? Even if the US wins what will they do? Send in hit squads to take the companies president hostage or what? Granted its good for us since it still wil hopefully let us challenge the DMCA but the US attornery must be a moron. Its a lose lose situation for him.

Either he loses the case or he wins and it accomplishes nothing.

Anyone know what they could do to a company that is based overseas besides trying (and I stress trying) to stop letting them do buisness in the USA?

Bloody US Government (0, Flamebait)

t_allardyce (48447) | more than 12 years ago | (#2701517)

I hope he has something to sue those f-ckers on. If they did that to me, and I found out that there was nothing I could do back, I would be so pissed off that I would go hi-jack an airliner and crash it into the court.. or congress.. or maybe the whitehouse. The bloody american government does this sort of thing to foreigners and then has the cheek to wonder why people bomb them.

ROT13 is not good crypto (1, Redundant)

ClubStew (113954) | more than 12 years ago | (#2701541)

So, Dmitri is forced to testify against his employer. How is this any better? It's Adobe that should be getting the slap on the wrist. Since when is ROT13 a decent crypto algorithm? They should use something better like TwoFish or something. Please, my old Boy's Life magazines had better crypto algorithms from time to time!

From the article (1)

Magius_AR (198796) | more than 12 years ago | (#2701551)

On a side note, this is awesome:

Adobe eventually dropped its support of the case after Internet policy groups threatened to organize a boycott of the company's products.

A minor victory against faceless corporations at least.

Magius_AR

Dmitry: Write a Book of Your Experience (2, Interesting)

idonotexist (450877) | more than 12 years ago | (#2701552)

I would be first in line to purchase it.

This was a farce that cost (2, Informative)

zoomshorts (137587) | more than 12 years ago | (#2701554)

This farce, was ill conceived. The program was written in Russia. It was not against the law there, but US douchebags thought they would make a "statement". How pathetic are US anyway? Back-ups of software for archival purposes have been legal for years. Was everyone asleep at the wheel on this one? Shit, I am embarrassed at being an American. "Slick Happens"

Free Kevin (0)

Anonymous Coward | more than 12 years ago | (#2701555)

Kevin Mitnick should be a free man. I know someone who is going to buy their freedom for $13 and it has to do with the US vs. USA freedom/citizenship conspiracy knowledge. Kevin won't be able to buy his freedom unless he knows the right people... And I know the right people...
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