[DMCA-Activists] Re: [DMCA_Discuss] ElcomSoft Jury Asks for Law Text, Judge Refuses

[Weasel]

It is important to note that law interpretation is the judge's
responsibility, not the jury's. The jury is there to interpret the
evidence.

Anyone who has served on jury duty would have had this explained to them
quite clearly in orientation.

Now, the jury is in it's right to nulify the judge's interpretation by
finding the evidence inconclusive, whether it is or not.

------------------------------------------------
 "Great evils shall be committed upon humankind
  in the name of child saftey."
                                      -  Weasel
                                address@hidden
------------------------------------------------

On Sat, 14 Dec 2002, Seth Johnson wrote:

>
> (Forwarded from Interesting People list.  Article text
> pasted below.  -- Seth)
>
> -------- Original Message --------
> Date: Sat, 14 Dec 2002 10:29:41 -0500
> From: Dave Farber <address@hidden>
> To: ip <address@hidden>
>
>
> ------ Forwarded Message
> From: Richard Forno <address@hidden>
> Date: Sat, 14 Dec 2002 10:17:47 -0500
> To: Dave Farber <address@hidden>
> Subject: ElcomSoft Jury Asks for Law Text - judge refuses
>
>
> Does anyone else find it disturbing when a jury asks for a
> copy of a law it's being asked to interpret and pass
> judgement from, and the judge refuses?
>
> Granted, the jurists probably aren't legal scholars, but
> what's the problem with giving them the law, after which
> they can ask questions of the judge?
>
> Does't seem right to me, whether in practicality or on
> principle.
>
> Rick
> Infowarrior.org
>
>
>
>
> ElcomSoft Jury Asks for Law Text
> By Joanna Glasner
>
> 02:00 AM Dec. 14, 2002 PT
>
> Jurors deliberating in the first trial in which a company
> stands accused of criminal violations of the Digital
> Millennium Copyright Act did not reach a verdict Friday.
> They did, however, seek further clarifications regarding the
> law they are being asked to apply.
>
> The jury asked U.S. District Court Judge Ronald Whyte for a
> full copy of the DMCA to assist in their decision-making.
> But he declined to provide a copy of the document, which is
> over 100 pages long.
>
> Instead, Whyte said he would answer specific questions
> jurors had about portions of the law they must consider in
> determining ElcomSoft's guilt or innocence. The government
> brought its case against the Russian software firm for
> creating and selling a program that illegally removes
> encryption on Adobe eBooks.
>
> < snip >
>
> http://www.wired.com/news/business/0,1367,56853,00.html
>
>
> ------ End of Forwarded Message
>
> Archives at:
> http://www.interesting-people.org/archives/interesting-people/
>
> ----
>
> ElcomSoft Jury Asks for Law Text
>
> By Joanna Glasner  |   Also by this reporter  Page 1 of 1
>
> 02:00 AM Dec. 14, 2002 PT
>
> Jurors deliberating in the first trial in which a company
> stands accused of criminal violations of the Digital
> Millennium Copyright Act did not reach a verdict Friday.
> They did, however, seek further clarifications regarding the
> law they are being asked to apply.
>
> The jury asked U.S. District Court Judge Ronald Whyte for a
> full copy of the DMCA to assist in their decision-making.
> But he declined to provide a copy of the document, which is
> over 100 pages long.
>
> Instead, Whyte said he would answer specific questions
> jurors had about portions of the law they must consider in
> determining ElcomSoft's guilt or innocence. The government
> brought its case against the Russian software firm for
> creating and selling a program that illegally removes
> encryption on Adobe eBooks.
>
> Jurors began deliberations Thursday, following six days of
> trial proceedings in the closely watched federal court case,
> which is being tried in San Jose, California. Jurors plan to
> return to court Tuesday morning.
>
> "They appear to be quite serious," said Judy Trummer,
> spokeswoman for ElcomSoft, of the jury. Throughout the
> trial, ElcomSoft officials have repeatedly denied government
> accusations that they sold an allegedly illegal program, the
> Adobe eBook Processor, in deliberate violation of U.S. law.
>
> Federal prosecutors charge that company executives were well
> aware they were breaking U.S. law when they began selling
> the software, which lets users foil copyright protections on
> e-book documents.
>
> During the course of deliberations, jurors reviewed
> testimony on Friday from Vladimir Katalov, the company's
> managing director, who had said in court that he was
> familiar with the DMCA before the company put the disputed
> program on the market.
>
> On Tuesday, jurors plan to review portions of the videotaped
> deposition of Dmitry Sklyarov, the ElcomSoft programmer who
> created the Adobe eBook Processor program.
>
> _______________________________________________
>
>
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