By way of followup, here's an article explaining in some detail
the outstanding issues in Dmitriy Sklyarov's case and why there may
be politics at work with regard to how the US Attorney is choosing
to handle the case:
"But just because he is still in custody and charged
does not mean that Sklyarov will necessarily be prosecuted. The EFF
is planning to meet with representatives from the U.S. Attorney's
Office for the Northern District of California at 9 a.m. Pacific
time on Friday, according to Will Doherty, online activist for the
Doherty expects that such a meeting will lead to Sklyarov's
release because "any reasonable person, looking at the facts of
this case, would drop the prosecution immediately." The weaknesses
in the case are only underscored by Adobe's decision to side with
the EFF, he says, noting that "to go ahead and prosecute a crime
when the victim no longer wants to prosecute is illogical."
"The only reason to prosecute at this point is a vendetta of
some kind or political aspirations to appear hard on cybercrime,"
Politics enters into the equation because Robert Mueller, the
U.S. Attorney for the Northern District of California, is President
George W. Bush's nominee for FBI Director and will be facing
confirmation hearings next week before the Senate Judiciary
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