ElcomSoft President Takes The Stand – Part 2

Here a bit more of my account of Alexander Katalov on the witness stand last week. More tomorrow!

“Did you believe that it (the AEBPR program) was unlawful?” Burton asked.
“No.” Alexander said. “I still believe this program is legal.”
“What did you know about the DMCA in 2001?” Burton asked.
“That it was an anti-piracy law.” Alexander said. “I was happy that it existed because it would protect my software.”

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ElcomSoft President Takes The Stand – Part 1

Here’s the first part (of 2 or 3 total, I’m predicting) of my account of Alexander Katalov’s testimony.

Alexander explained how the Night Administrator for his company had called him on the telephone and woken him up about “a strange email from Adobe.” Alexander went on to explain how his Night Administrator told him that the email sent to them from Adobe said that ElcomSoft had copyrighted material on its site.
Alexander told the Night Administrator that he thought it was stupid to call him up in the middle of the night over it, and that they would work it out in the morning. The Night Administrator called him back again that night, this time at 3am. This time, it was Verio, ElcomSoft’s ISP that was contacting the ElcomSoft, because they too had received a shutdown notice from Adobe over the same AEBPR product, except that the notice they sent to Verio says “within 24 hours”.
Verio is telling ElcomSoft at this point that they are about to shut their entire website down.
Alexander tells his Night Administrator that it’s 3:00 AM and he’s really going to get it in the morning. That it’s absolutely ridiculous that they are selling copyrighted Adobe software on their website, and that all of the confusion can be cleared up in the morning.

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ElcomSoft: Jury Still Deliberating

I just wanted to make sure everybody knew that the Jury is still deliberating and they are scheduled to re-examine Dmitry Sklyarov’s video testimony on Tuesday. (I read this in a Wired News article over the weekend, and then confirmed this via email with Judy Trummer, ElcomSoft’s PR person.)
I’m about to post the first in a two or three part segment of my account of Alexander Katalov’s testimony, which I hope to complete by this afternoon.
Then I still have my notes from the RegNow! employee witness to type up, and finally, my synopsis of the Final Arguments.
It’s like a little race for me to finish before the Jury gives their verdict. Lucky for me, it’s a very complex case, and it looks like we have a conscienscious Jury that’s willing to take the time to make the right decision. (They don’t seem to be making any hasty decisions anyway.)
Back in a flash!

Whole Lotta Resignin To Do

We might have to wait till the new year for Lott to be ousted, but perhaps he’ll come to his senses and step down with whatever dignity he might have left and save us all a Lott of trouble.
Congress has a ton of other things to do, true, but I’d say this situation could serve to put a lot of other issues on hold until it is dealt with.
I, for one, am ready to keep the pressure on as long as it takes.
Here’s an excellent progress report from Howard Fineman (With Eleanor Clift and Martha Brantfor) for Newsweek:
Ghosts of the Past.

He (Lott) had begun his career as a staffer to an ardently segregationist congressman. Blacks have a dim view of his record

Big Anti-War Protest Day Tuesday, December 10, 2002


100 Arrested in U.S. Anti-War Protests

By Allen G. Breed for the Associated Press (Associated Press writers Jessica Brice in Sacramento; Mike Robinson in Chicago; Carol Ann Riha in Des Moines; Danny Freedman in Washington; Michael Virtanen in Albany; Karen Matthews in New York; and Elizabeth Zuckerman in Providence contributed to this report.)

About half of the 200 protesters demonstrating outside the U.S. mission to the United Nations in New York were arrested for disorderly conduct, including clergy members. Across the country in Sacramento, Calif., nine were taken into custody for blocking the entrance to a federal courthouse…
In the nation’s capital, about 300 protesters, many with gray hair, staged a march to a park near the White House. Flanked by police, John Steinbach, 56, of Manassas, Va., an organizer of the Gray Panthers, was pushing the wheelchair of his 97-year-old wife, Louise Franklin-Ramirez, who he said had been protesting since 1917…
Earlier in Washington, several people were arrested after converging on two military recruiting stations chanting, “Hell no, we won’t go,” and plastering windows with red tape.
Students at the University of Michigan set up a makeshift graveyard on a major walkway through the Ann Arbor campus, using cardboard headstones that read “Iraqi child” and “Iraqi man.” About 100 students and faculty at Brown University in Providence, R.I., marched with signs and staged a “die-in” in front of the city’s federal building.

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Conyers Calls on Lott to Resign

Letter from Congressman John Conyers, Jr., Ranking Member of the House Judiciary Committee and Dean of the Congressional Black Caucus to Republican Leader, Trent Lott calling for his resignation

…your remarks are so un-American that they disqualify you from continuing as the Majority Leader of the United States Senate therefore, I must call on you to resign…
Even after you had seen how much you had upset the public, you did not disavow what the Dixiecrat Party stood for. Whatever your choice of words, the plain intent was clear. The Dixiecrat Party’s agenda was to preserve segregated schools, segregated public facilities, and segregated armed forces, and to prevent African-Americans from voting.
Were you suggesting that America would have been better off if President Truman had not desegregated the armed forces? Were you suggesting that America would have been better off if the Nation’s modern the civil rights legislation had been blocked – if we had no Voting Rights Act, no Civil Rights Act of 1964, no Fair Housing Act and no African-American elected officials in Mississippi?

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NY Times Says: Fire Trent Lott

Fire Trent Lott

The birthday party controversy is only the latest evidence that Mr. Lott, the second most prominent elected official in the Republican Party, has never figured any of this out, or come to grips with the bad old days in his state. If he had, he could never have said that his state was “proud” of having given its electoral votes to Mr. Thurmond in 1948 — at a time when most black Mississippians were barred from voting and sometimes killed for making the attempt…
…unless the president wants to spend his next campaign explaining the majority leader’s behavior over and over, he should urge the Senate Republicans to get somebody else for the job.

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Tainted Judge Gives Cheney A Break

Comments on the Judge Rebuffs Effort to Obtain Records on Cheney Task Force By David Stout for the New York Times.
(Quote below from William Rivers Pitt for Truthout)

Federal Judge and Bush appointee John D. Bates has thrown out the case, based on a separation of powers argument that claims the GAO “had not suffered any personal injury and had no genuine stake in the outcome of the litigation.” Judge Bates spent two years working for Kenneth Starr and the Independent Counsel’s office during the investigation into President Bill Clinton’s sex life. Section 455 of Title 28 of the United States Code stipulates that a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” That, and the incredible narrowness of the legal parameters of this decision, almost guarantees this case a contentious trip before the United States Supreme Court.

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