NYC LOCAL: New York City Noon Monday 3 December 2001: Rally to Free Dmitry Sklyarov

NYC LOCAL: New York City Noon Monday 3 December 2001: Rally to Free Dmitry Sklyarov

Post by secret.. » Tue, 04 Dec 2001 08:08:39

Noon Monday 3 December 2001 at 41st Street and Fifth Avenue, before the
New York Public Library, on the Island of Manhattan, there will be a rally
to free Dmitry Sklyarov.

Last week, not a trial date, but rather a date for a hearing to set
the trial date for the Dmitry Sklyarov case was set:

15 April 2002

Dmitry was arrested 16 July 2001.  Likely he will not be able to go home
before the date of his trial, which, as it stands now, means some time
after 15 April 2002.

See below, under News, for the schedule of proceedings.

Breakfast Meeting and Visit to Representative Weiner's office:


We are Meeting on December 5th at 10:00 am at the North Entrance to
Sheepshead Bay train station to make an appointment and drop off
petitions at Representative Anthony D. Weiner's office.

Everyone is welcome to come.

We are then having Breakfast.



Congressman Anthony D. Weiner, Representing the 9th District of New York,
has a useful home page:



EFF Update on Sklyarov Case

This is an update from the status conference held Monday in the case
against Dmitry Sklyarov (a visiting Russian programmer arrested in the
US for allegedly violating the US Digital Millennium Copyright Act by
writing, in Russia, software that is legal in Russia), and Elcomsoft
(his Russia-based employer). As expected, the only issue discussed at
the hearing was the setting of dates for pre-trial motions. The issues
were divided into two categories: DMCA (possible claims are
unconstitutionality including vagueness, the First Amendment, and lack
of constitutional authority) and non-DMCA issues (possible issues are
jurisdiction, a bill of particulars, and the * charge).

The non-DMCA dates are:
Jan. 14, 2002, the opening brief is due,
Feb. 11, the opposition (govt.) brief is due,
Feb. 25, Dmitry's reply brief is due,
Mar. 4, 2002, hearing.

The DMCA dates are:
Jan. 28, the opening briefs and amici are due,
Mar. 4, the opposition (govt) brief is due,
Mar. 18, the reply brief is due
Apr. 1, hearing

Assuming the case is not dismissed because of the motions, there will
be a hearing to set a trial date on Apr. 15, 2002.


  about="Noon New York City Public Library Rallies to Free Dmitry Sklyarov">

Note that this is not an LXNY event, but rather the twentieth of a series
of rallies, whose Lead Organizer and First Contact is

Leonid Gorkin


Do not bring any sticks to this rally.

There is a New York City regulation forbidding sticks at gatherings.

The New York City police officers who told us of this regulation were
parfit gentle in their courtesy.


There have been and will be rallies in about twenty cities.

Much of the organizing of New York City Rallies to Free Dmitry take place
on the fairuse mailing list of NYFairUse, which list may be joined at

To download a flyer go to:

For more information:


  who="Jay Sulzberger">

On the morning of 11 September 2001 the United States of America was
attacked.  One big objective of the attack is to drive us to forget our
Bill of Rights.  We will not forget.  We have a right to use our computers
in our homes as we see fit.  We will defend this right.

This summer Dmitry Sklyarov was indicted.  If convicted on all counts he
faces 25 years in prison.  He is accused of distributing a tool to
manipulate files in certain Adobe formats.  All manipulation occurs inside
a single computer.  The tool checks as best it can that the file it
operates on is owned by the person running the tool.  Under the DMCA,
distribution of such a tool is a felony.  If traditional copyright law were
like the DMCA, then distribution of paper, pencils, ink, pens, and cameras
would also be a felony.  Today computers for home and business use contain
no spy hardware nor any spy software, except for certain Trojans which may
have slipped past the owner's defenses.  Under the DMCA and further federal
legislation proposed by Senator Hollings all personal computers will be
required to contain over one megabyte of spy firmware which will monitor
every single read and write of the hard disk.  Under the proposed
legislation the operating system will report back to Infotainment Central
any "suspicious use" of the hard disk.  Law enforcement agencies will
easily get secret writs of computer tapping and be able to watch everything
you do at home on what once was your own machine.  Infotainment Central
will be able to disable your computer without permission from you.


Proposed legislation:,1283,46655,00.html

Our rallies and all the work of propaganda and education have been
important in alerting the world to the threat facing not only Dmitry, but
everyone who uses computers and everyone who uses the Great Commons of the
Net.  Despite our alert, the government of the United States chose to
prosecute Dmitry.  Our response must be clear, forceful, and effective.

Why do we rally at the New York Public Library?  Because the Association of
American Publishers has declared that they plan to close down all free
public libraries.  Their chosen tool is the Digital Millennium Copyright
Act.  As demonstrated by the indictment of Dmitry Sklyarov, the DMCA does
indeed outlaw fair use of books that you, or the library, have bought and
paid for:

We need marchers and leafleteers and copiers of leaflets and designers of
leaflets and propagandizers and lobbyists and lawyers and coders and water
carriers and publicists and diplomats.  Come to the Rally and help!  Come
to the Rally and meet allies!

Dmitry Sklyarov today faces twenty-five years in prison for distributing a
program which allows you to make fair use of books you have bought and paid
for.  Come to the Rally and help get Dmitry free!  Free to go home and free
to do his work.


Corresponding Secretary LXNY
LXNY is New York's Free Computing Organization.