[Free-sklyarov-uk] Oringal Press release from US Attorneys office

[Edward Welbourne]

I think the pivotal words are (in Dmitry's admissions):

> The only use of the AEBPR is to create an unprotected copy of an
> electronic document.  Once a PDF file is decrypted with the AEBPR, a
> copy is no longer protected by encryption.
> This is all the AEBPR program does.

so Elcomsoft's lawyers are going to have to make quite sure they're
arguing that

  describing the file format's data obfuscation as `encryption' is
  rather stretching the definition of that term (if it's really just
  rot13, exhibiting news readers which treat rot13 as an alternate
  character set, to complement ASCII, will serve them well here),

  the `encryption' does not prevent someone from copying the work -
  i.e. infringing the copyright - so Adobe's (or the prosecutor's)
  claim that it is `copy-protection' is mendacious,

  the thing `protected' was the publisher's ability to extend their
  control, over a lawful purchaser's use of the work, beyond the
  proper rights of copyright holders; in particular depriving lawful
  purchasers of their `fair use' and `fair dealing' rights,

  circumvention of the (fig-leaf grade) `protection' is necessary to
  anyone wishing to exercise their `fair use' and `fair dealing'
  rights,

  removal of the protection is necessary for anyone who wants to view
  the work using software other than Adobe's, e.g. anyone wishing to
  use display hardware not catered for by Adobe's software.

	Eddy.