Well, if you're reading these lines, it means that you'd like to know details of this case. Make yourself a cup of tea or coffee and be ready for very interesting reading (excuse my English though).

I decided to put description of this case first, and after those copies of all emails we've exchanged. All his emails has been signed as Macromedia Inc. anti-piracy manager, so they are official messages and I feel that I may make it available for public.

Feb 28, 1999 I received an email from Macromedia's anti-piracy manager, Steve Wozniak. In that letter hi wrote that I should close my page is clearly illegal and that I must remove all my cracks for Macromedia products from it. I tell him that disassembling of copyrighted material is allowed in Russia (in some cases) and as I don't use cracked programs, I don't break any law.

In next email he called my activity "thieving" and ask what exactly Russian laws allow me to do it. After consulting with lawyer I replied that we have presumption of innocence here in Russia as well as they have it in US. And if he wants me consider removing cracks to their products, He should tell me what exactly Russian codes or international conventions that has been signed by Russia do I break.

His next email can be called ridiculous if anti-piracy manager of large company has not written it. He wrote that Macromedia and BSA's attorneys in Russia can collect information I requested, but "not without expense"!

Imagine following situation: some person come to you on the street and says: "you're a dirty robber! Immediately leave this town!" I think that you'll say him "I'm not a robber. Why should I leave this town?" And imagine if he'll say you: "

I can provide you this information, but not without expense"! Exactly this situation we have in this case. I made him a favour in my reply though, and quote some part of Russian law about program's protection for him. And I put my brief description why my situation matches this law.

In his next mail he write that they'll protect their rights and that he haven't even read my email and that I should stop my unsolicited mailing! Unsolicited mailing! Idiocy! I tried to help him not to waste his time on this case and made him a favour doing part of HIS job and all that is called "unsolicited email"

So, at this point I have several emails, in which Steve says that my page is illegal, but without ANY ARGUMENTATION. They also contain threats and insults. Anyone can tell me: IS THIS A REASON FOR CLOSING MY PAGE? It's ridiculous.

Well, you can read all our emails below. They are in chronological order, first messages on the top, last on the bottom. If after reading them you'll feel like to drop a line to Steve Wozniak with comments about quality of his job - please don't hesitate to do it. His address is (mailto:swozniak@macromedia.com).

His first email:

Date: Fri, 26 Feb 1999 12:14:29 -0800
To: ivanopulo@usa.net
From: Steve Wozniak
Subject: Software Cracks

I see that your cracks page was taken down by your ISP, but that a number of illegal download sites are still operating. Examples are -

These pages are clearly illegal. Please remove them from the web at once, and contact me immediately to make arrangements to pay for the software that was stolen through your site.

Steve Wozniak
Anti-Piracy Manager Macromedia, Inc.

My first reply:

Hello
I'm sorry, but there's absolutely nothing illegal with this files. Have you read disclaimer on my page? Okay, I'll try to make things more clear: I DON'T use cracked programs. If I like program, I buy it.

All these files are for educational purposes only. Russian laws ALLOW to disassemble and reverse engineer programs. Even if license agreement says not to do it. License agreements that prohibit reverse engineering of program DON'T juridical power in Russia, because they conflict with our laws. I agree that using files on my page NOT for educational purposes, but for increasing program's evaluation time, or for registering program for free IS ILLEGAL.

But I'm saying again: I don't use cracked software. I just like to investigate different protection schemes and show people how weak they can be. And this is NOT illegal activity. Why should I take any responsibility if someone steals program?? I don't breaking any law... It's the same thing as to take to the court person who sold gun to the killer. Ridiculous, isn't it? And now, when you have all this information and still thinking that my page is illegal, I'd really appreciate if you tell me why.

Please excuse my English. Best regards,
Ivanopulo
mailto:ivanopulo@usa.net

P.S. My page on artcon.ru has not been taken down. It has been moved due to large amount of traffic that it generated.

Date: Sun, 28 Feb 1999 20:03:43 -0800
To: Ivanopulo
From: Steve Wozniak
Subject: Re: Software Cracks

Our attorneys in Russia disagree with your theory that software theft is legal there. The BSA's attorneys also disagree with you. Exactly which Russian law allows this? Please send it quickly, as your disclaimer has no legal force whatsoever, and we intend to either have you shut your site down voluntarily or to make an example out of you.

By the way, there are many cases where the person who provides a criminal with the means to commit the crime also goes to jail. There is no legitimate or educational purposes for these cracks, they are simply a well-advertised aid to theft. I never told you that software theft is legal here! What I told you was that I DON'T THIEVE software.

American laws doesn't allow do disassemble copyrighted programs without permission of copyright owner. That is because all EULAs that says not to disassemble programs are LEGAL there. And disassembling the other's programs is ILLEGAL in US, because it breaks US copyright laws.

In Russian laws disassembling of copyrighted programs is LEGAL even without permission of copyright owner (except of the cases when someone steals disassembling code and use it in his own programs). The only thing that prohibits decompilation of software is EULA which every user must accept before installing the software. But part of EULA that prohibit to disassembling, reverse engineering etc. of mentioned program is ILLEGAL there, because it contradicts with our law that ALLOWS to do it. I hope that you understand my words despite of my bad English :)

Okay, we make things clear about copyright infringement. Now the next part. Theft and piracy. There's NO stolen copyrighted material on my site. All files are made by me and I haven't use somebody else's code. All files on my page ARE COMPLETELY LEGAL themselves, because fact of their existance itself doesn't break any of Russian laws. I don't use any of my files to steal software. I never used and I don't use cracked programs.

What I do is:

You're absolutely right, disclaimer has no juridical power. I know it. It has a purpose not to protect me, because I have nothing to be protected from, I don't break my country's laws; it has a purpose to WARN visitors of my site about two things:

Some people just don't know it, and I don't want to be the cause of somebody's prosecution. That's the cause why I put this disclaimer. I'll repeat again: I crack software protection in self- and others-educational purposes only, not for stolen somebody else's work. BTW I must to say that your company's excellent programs simple deserve to be paid for. And if I'd need them in my work, I'd buy it. But unfortunately (for you :) I don't need them.

After that all, I'd like to hear from you again: What do you mean when you call me a thief and say saying that I steal software??? What do you mean when you say that I break copyright laws?? Nothing illegal with it, sorry. I'm afraid that you wasting your time trying to accuse me in things that I never did and never do and will never do.

Best regards,
Ivanopulo
mailto:ivanopulo@usa.net

Date: Mon, 01 Mar 1999 13:47:45 -0800
To: Ivanopulo
From: Steve Wozniak
Subject: Re: Re[2]: Software Cracks

Again, we and the BSA have Russian attorneys who disagree with your interpretation of the law. I would like to know the exact codes or statutes that you feel make this activity legal. The ONLY purpose for your cracks is software theft.

It is not an intellectual exersize, it is not for "learning" purposes, except for helping people learn how to steal software. Your "disclaimers" make it very clear that you are aware of what your work is used for. Judging from your work, you are an intelligent man who could pursue much more fruitful and valuable ventures than this. I ask you to please remove these items from your pages, or I will be forced, as mentioned before, to have this matter pursued legally. Please do not respond - your page being up or down will speak for you.

Hi Steve

I've consulted with lawyer and he remembered me about presumption of innocence. Please consider following simple statements:

1. Any activity is legal until there are no laws that make it illegal
2. I don't have to prove you my unguiltiness.

Instead, you should prove my guiltiness if you feel so. So, if you want me to think about your request for closing my page due to its illegality, you must provide me following information: Tell me exactly what Russian codes or statutes (or international treaties/conventions that has been signed by Russia) I break.

You're Anti-Piracy manager of relatively large company. I doubt that they pay you just for sending threatening emails to people. You said that your company and BSA have attorneys here in Russia, so I think that it will not be too hard for them to collect the information that I've requested (if there's such information).

Best regards,
Ivanopulo
mailto:ivanopulo@usa.net

Date: Tue, 02 Mar 1999 18:14:08 -0800
To: Ivanopulo
From: Steve Wozniak
Subject: Re: Re[4]: Software Cracks

Macromedia has attempted to appeal to your sense of reason and honesty in asking you to stop helping people steal our software. You have declined to remove your site on either account. Obviously, if you force us to have a Russian attorney work on this for us, we will do so.

This will not be without expense, and will definitely mean that the opportunity for amicable resolution will be well past us. If we do prove our legal point, we will pursue the maximum civil and criminal penalties with no room for any negotiation.

At this stage, you can end the matter simply by deleting a web site that you have admitted can encourage criminal behavior. Past this stage, ending the matter could very well be an expensive and difficult process for you. Is it worth it for you?

There is no need to respond directly. The existence (or not) of your site will speak for you.

Hello

Please don't tell me that I'll have to pay for providing me information about laws that (as you think) I break. It's YOUR JOB. And Macromedia should pay you for it, not me.

Now about laws: I decided to make you a favour and tell about codes you asked. Here they are (I tried to translate it as close to original text as possible) LAW. About legal defense of computer programs.

September 23, 1992.
N 3523-I Chapter 3, entry 15, point 3:
Person who legally owns a copy of program may without rightholder's permission and without paying any revenues to him decompile or ask another person to decompile mentioned program to investigate code and structure of this program in following cases: - information needed to interaction of program independently written by that person unavailable from other sources

As you can see, this law is not clear enough :( But it's a law. Now please consider the following. I'm a programmer and I write programs. I need to know about some program's structure to make my programs functioning properly.

During evaluation period I am legal owner of my copy of software, so, as you can see, I may decompile those parts of it that I need to write my programs. I write my programs independently from Macromedia. They don't look like your programs :). And fact of creating those programs itself doesn't break Macromedia's copyright.

Placing those programs to my web page doesn't break any laws also, because it's my copyrighted material and I have a right to decide where to spread them. I'm not going to close my web page, because currently I still have no information from you about "how do I infringe upon Macromedia copyright?"

I don't have to close my page just due to receiving an email that states that I break some laws and have absolutely no reasoning behind that statement.

So I'm saying again: if you feel that I infringe upon your company's copyrights, you should provide me exact information on this matter. If lawyers and I will agree with your argumentation, I'll remove all cracks to your products from my page.

And please, stop threatening me in your letters. You achieve nothing doing that. Because if the law will be on my side (and it IS on my side) and you'll still be persevering with your threatening and insulting letters (like calling me a thief etc.), I'll take your company into court and you'll have to pay me for it.

And again I need to repeat: we're both adult and intelligent men. Lets together figure out, whether or not I break copyright laws. If I do - I'll remove material that breaks it from my pages. Well, I've provided you information you requested. It's your move now.

If you'll have any questions - don't hesitate to write me.

Best regards,
Ivanopulo
mailto:ivanopulo@usa.net

Date: Thu, 04 Mar 1999 15:36:33 -0800
To: Ivanopulo
From: Steve Wozniak Subject: Re: Re[6]: Software Cracks

As I indicated in my earlier message, I will not entertain any response other than the cracks on your web site being removed. The mere length of your unsolicited response (which I have not read) indicates this is not the case. We will move to protect our interests as I outlined in my previous emails.

If you have read to this point, I think that situation is quite clear for you. Send your comments to me (mailto:ivanopulo@usa.net). Again: if you'd like to send your comments to STEVE WOZNIAK also - his address is (mailto:swozniak@macromedia.com)