[Free-sklyarov-uk] Flyer

[Richard Kay]

I gather there is a difference in US legality between a "crime" in
the narrow sense that counties, states and in this case congress 
can pass very arbitrary laws, and "crimes" in the stricter sense 
that the Supreme Court will uphold these laws when appealed. 

In the sense that it is very likely (in my view) that the
Supreme Court would refuse to uphold a conviction against Dmitry,
on the grounds that the DMCA conflicts with the US Constitution,
(maybe after he has been wrongfully imprisoned for a couple
of years if that's how long it takes to get it to the 
Supreme Court ...) Dmitry has no business being in jail at all 
and has committed no crime. However, a flyer in support of a 
demonstration has to be simple, straightforward and grab rapid 
attention much more than being pedantically correct in every 
interpretation. 

In this sense it is fair comment and necessary for us 
to proclaim Dmitry's innocence and demand his immediate release.

Richard Kay
rich at copsewood.net

On Wed, Aug 01, 2001 at 11:56:54AM +0100, Anthony Fisher wrote:

>  Now, as I (perhaps wrongly) understand it, Sklyarov was
> arrested because he passed on information at the
> conference (through his talk) which contravened the DMCA,
> not for actions he took while in Russia. If I am correct,
> this would leave "He has committed no crime." as a legal
> opinion which is somewhat open to debate. I would
> certainly agree that the clauses (of the DMCA) in
> question are morally wrong, inconsistent, contrary the
> the US's own constitution, etc, but I am wary of making
> factual errors which could be taken up and used by the
> opposition.
> 
>  Anthony Fisher
> 
> 
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