RE: More ethics...

[Andrew Plato <intrepid_es -at- yahoo -dot- com>]

--- David Knopf <david -at- knopf -dot- com> wrote:

> Yes, it's certainly true that a user could convert an eBook to PDF and
> then
> distribute the PDF in violation of the copyright. However, neither
> Sklyarov
> nor Elcomsoft is charged with distributing *any* intellectual property
> in
> violation of either U.S. or international copyright laws.

No, they might not have distributed the illegal material themselves, but
they provided the tools to do so with some prior knowledge that people
would use those tools to break the law. That is illegal. 

Again, let me ask you - How would you like it if your writing that was
going to make you a lot of money was stolen and spread across the Internet
for all to read earning you nothing at all? I am working on a book right
now. If it got out there and everybody read it - it would be worth
nothing. Why buy something when you can steal it, free of incrimination,
off the Internet. 

Don't tell me you would join a WTO riot and priase the people who ripped
you off as visionaries. You'd be angry and you'd want justice. Adobe just
got ripped off and they are angry and want justice. 


>>As far as I know, it is illegal in the EU and most places in the world
to
>>distribute copyrighted materials without the consent of the
>>author/manufacturer.
> 
> Indeed that is true. However, neither Sklyarov nor Elcomsoft is alleged
> to
> have done this.

You don't have to pull the trigger to be guilty of murder. Aiding and
abetting is just as much a crime as being the actual killer. 


> | Sklyrov's technology will aid those who pirate
> | copyrighted technology.
> 
> This is possible, and under the DMCA, distributing this type of software
> product, whether for profit or for free, is a criminal act. There are
> many technologies that fall into the same category but are not protected
> under the DMCA. Manufacturing photocopiers aids those who photocopy and
> illegally distribute copyrighted materials. Manufacturing CD-RWs aids 
> those who make illegal copies of music CDs. Manufacturing firearms aids 
> those who commit murder. 

But the primary and sole purpose behind those tools and technologies is
not to crack security that protects copyrights. Guns, photocopiers, and
CD-RW have legitimate, legal uses. Sklyrov's technology has no legal use
but to crack security for the purpose of stealing. The "legal backup"
claim is a red herring designed to create a legal need solely to add
legitimacy to Sklyrov's illegal activities. 


> Most definitely not. Speaking is most certainly not the same as
> distributing. I am free in this country to speak about how to build a
> nuclear bomb. Actually building one is another matter. Sklyarov is
> charged
> with distribution, not with illegal speech.

He didn't just speak. He handed out tools that explicitly showed how to
break the law.

I can speak all day about how to build a nuclear bomb. But I cannot hand
you the plutonium to do so. 

Andrew Plato 

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