Sklyarov: A huge sigh of release

Sklyarov, a Russian computer programmer who was arrested in July for breaking American copyright law by writing a program to defeat Adobe Systems' E-Book copy-protection scheme has been released on bail.

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Paradoxically, however, if the case against Sklyarov is dropped, the chances for a constitutional challenge to the DMCA could perhaps be hampered, some observers said. Sklyarov is thought to be the first criminal defendant charged under the law, and many who oppose it see his plight as a kind of Kafkaesque example of why the law needs to be changed.

In the often-jovial hours before and after the hearing, the spectators talked about his case in an abstract, academic manner. They said that Sklyarov was getting a raw deal, but that maybe his case would provide a foot into the Supreme Court in order to overturn the law. Maybe there was a silver lining, in other words.

But when Sklyarov was escorted into the courtroom in handcuffs and an orange jumpsuit, the courtroom became tensely quiet. His attorney later described him as being in "good spirits throughout this whole thing," but the defendant appeared stunned, and he sat stone-faced through the proceeding. Even when he was ordered released, he hardly moved.

"He's a great test case against the DMCA," said Brad Templeton, the EFF's chairman of the board. "And perhaps we'd love to have him as a test case. But he's got a family. That's more important -- in order for him to be a test case, he would have to be trapped in this country. That's not the circumstances we want."

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Source: Wired

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