I've decided to go through this stuff in the order that it took place, rather than jumping ahead and discussing the Final Arguments. If I'm lucky, the Jury won't come up with a decision till Monday, and I can string you along all weekend as I catch up on my notes up until the end of the Final Arguments. And then we can all hear the verdict on Monday morning and it will all be so dramatic.
If we get a verdict today, it will undoubtedly affect my telling of the story. (So that's just another reason I hope we don't get a verdict today.)
I also hope that the Jury is really thinking about these issues, and is taking as much time necessary before hopefully coming to the right decision.
So here's the rest of Dmitry Sklyarov's testimony, and then I'll move on to the other witnesses for the Defense (Vladimir Katalov, Alexander Katalov and an employee from RegNow!).
Defense Attorney Joseph Burton is wrapping up his rebuttal after the Prosecution has cross-examined Sklyarov.
"You were asked (by the prosecution) why you didn't make a program that only makes one backup copy. Is it technically feasible to make such a program?" Burton said.
"I supposed its technically feasible." Dmitry said. "But it doesn't make sense."
Dmitry explained how someone could still use the disabled program that only allows for backup copies to be used on the new copy created, and so on and so on. So the result would ultimately be the same. (Thus it not making sense to create such a product for the reasons the prosecution was getting at: that if the product was supposed to be for making backup copies, it should enable one backup copy to be made, and that's it.)
On to the next subject of why Dmitry didn't submit all his information about how to decrypt ebooks to bugtraq. Dmitry said he wouldn't publish such information in order to protect publishers, because someone could have used that information to create a free product that could have bee used to hurt publishers. (As opposed to the $99 dollar product sold by ElcomSoft that cost more than seveeral Ebooks.)
Next Burton addressed whatever the Government was trying to get at earlier when he asked Dmitry if telling the truth was a condition of his government agreement.
This reminds me that I forgot to mention earlier that Frewing had sort of implied that Dmitry might not be telling the truth when he cross-examined him earlier. He casually reminded Dmitry that if he didn't tell the truth, he would be nullifying his agreement with the government.
"With respect to the agreement with the government and your telling the truth." Burton said. "Who will ultimately decide if you are telling the truth?"
"I decide to tell the truth everyday." Dmitry said. "I tell the truth everyday."
Dmitry was confused by the question. And actually, we all were. You could tell from the looks on the audiences faces. Burton tried again.
"Who will decide if you have told the truth today?" Burton asked.
"Most probably, U.S. Government..." Dmitry sort of half said and half asked.
Not sure if Burton got what he was looking for there or not...
Burton moved on.
"Did you use the Adobe specification?" (When developing the AEBPR program.) Burton asked.
"Yes." Dmitry answered.
"No further questions," said Burton.
That was it for Dmitry.Posted by Lisa at December 13, 2002 03:55 PM | TrackBack