Legal Issues

Sklyarov Heads Home

Dmitri Sklyarov headed home on New Year\'s Eve:

Russian computer software specialist Dmitri Sklyarov charged with violating the Digital Millennium Copyright Act in the United States returned to Moscow on Monday. According to an Interfax reporter, at the airport he was welcomed by his family and close friends.

Sklyarov told Interfax that he would see the New Year in with his \"near and dear ones.\"

He\'s banned from working on projects related to e-books under the terms of his release, however. More from Interfax, with thanks to Politech.

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The Year in Internet Law

\"What happened in cyberlaw during the past year that was significant and enduring -- or at least interesting? That\'s the question Cyber Law Journal put to several well-regarded law professors and legal practitioners.

Their answers ran the gamut from the government\'s legal response to the Sept. 11 attacks to Hollywood\'s impressive victory in the U.S. Court of Appeals for the Second Circuit in the DeCSS copyright case.\"

Full Story from NY Times

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Sklyarov Defends Decision to Testify Against His Employer

Dmitry Sklyarov is agreeing to help authorities in the U.S. in the case against his employer, ElComSoft Co. Ltd, who sold the software that cracked Adobe E-book codes. According to Sklyarov, \"I am extremely disappointed in any implication that I am cooperating with the government. I am a man of integrity and as such am doing nothing more than telling the truth, not for or against anyone.\" More from the Orlando Sentinel.

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Copyright Copy Well

Two useful Web/Copyright articles:Copyright Implications: Using Images in Educational Collections, by Jenni Rodda says Librarians and archivists have a responsibility, both to their patrons and to the artists, authors and creators whose works they preserve, to keep current with how copyright regulations should be applied in educational settings.

Brian Wassom has written Copyright Implications of Reproducing Published Materials on Law School Course Web Sites where he gives some recommendations on guidelines for placing copyrighted materials on law school Course World Wide Web sites, and provides pleanty of background reading as well.

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DCMA and Libraries

K. Matthew Dames is the Resident Librarian at Georgetown University Law Center’s has written \"Court Decisions Tilt DMCA Balance Away From Libraries, Users
\" over at LLRX.

He says that there is an advancing trend in which Congress, copyright owners and the courts narrow consumers\' speech and copyright rights in the digital age.

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ALA Releases Statement Regarding Confidentiality of Library Records

The ALA issued a statement yesteday, Monday December 10, on the issue of confidentiality of library records. More

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What Every Librarian Should Know about the Americans with Disabilities Act

\"Reprinted from American Libraries, September 1991, This Article by Michael Gunde discusses some of the legal facets of providing library access to patrons with disabilities. The Americans with Disabilities Act has made many librarians aware of a group of people who libraries have failed to serve. Some see the Americans with Disabilities Act as a newly imposed burden and seek only to find how to fulfill its minimum requirements with as little effort and cost as possible. Others see it as an exciting challenge to include entirely new populations of patrons into their service. What the law means and how to apply it is still in flux. Many specific items will only be defined through case law. In order to avoid the expense and unpleasant publicity of legal action, this article suggests that a pro-active policy can keep a library out of court and at the same time provide the satisfaction of giving meaningful access to previously under-served library users.\"

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Sklyarov Update

An update on Dmitri Sklyarov\'s case from Politech:

This is an update from the status conference for Dmitry and Elcomsoft today. As expected, the only issue discussed was the setting of dates for pre-trial motions. The issues were divided into two categories:

DMCA (possible claims are unconstitutionality including vagueness, First Amendment and lack of constitutional authority), and non-DMCA issues (possible issues are jurisdiction, a bill of particulars, and the conspiracy charge).

The non-DMCA dates are:
Jan. 14, 2002 - the opening brief is due,
Feb. 11 - the opposition (govt.) brief is due,
Feb. 25 - the Dmitry reply brief is due, with the
March 4, 2002 - hearing.

Thanks to Library Juice.

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U.S. Hearing on Intellectual Property Due Soon

Thanks to Cryptome:

The Federal Trade Commission announces public hearings beginning in January 2002 on ``Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy.\'\' The hearings will focus primarily on the implications of
antitrust and patent law and policy for innovation and other aspects of consumer welfare. Copyright and trademark issues as they arise in particular high-tech contexts also may be considered . . .

The knowledge-based economy has grown in economic significance over the past few decades. It is increasingly important that competition and intellectual property law and policy work in tandem to support and encourage ongoing innovation underlying that economy. Policies for both
competition and intellectual property raise legal and economic questions that are substantially interlinked . . .

More

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Library to Pay Portion of Legal Settlement Over Meeting Room Policy

The city of Portage, WI has been sued over the local library\'s refusal to let a group use their meeting room. The library was forced to pay for a portion of the settlement. Those who filed the suit weren\'t after monetary damages, but rather, a change to the library\'s meeting room policy. Since the suit was filed, libraries across the state of Wisconsin have begun updating their policies. The library in Portage will no longer refuse to allow meetings to be held in the meeting room based solely on content.More

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