Feeds

US courts claim jurisdiction over Sklyarov

Setback for ElcomSoft

  • alert
  • submit to reddit

Beginner's guide to SSL certificates

A Federal judge has turned down a motion to dismiss the prosecution of ElcomSoft in the first case brought under America's controversial Digital Millennium Copyright Act (DMCA).

During a pre-trial hearing on Monday, lawyers argued that since ElcomSoft's Advanced eBook Processor, which can circumvent the weak copyright protection in electronic books, was legal in Russia and distributed over the Internet - a US court had no right to adjudicate on the matter.

This argument failed to impress US District Court Judge Ronald Whyte.

"The conduct which underlies the indictment includes ElcomSoft's offering its AEBPR program for sale over the Internet, from a computer server physically located in the United States," he wrote in a ruling, Reuters reports.
"Purchasers obtained copies of the program in the United States. Payments were directed to, and received by, an entity in the United States."

The judge is yet to rule on two more significant motions. It's argued that charges brought against Moscow-based ElcomSoft under the DMCA should be dismissed because the law is "too broad and vague", and that the criminal charges against ElcomSoft are likely to prove "unconstitutional", attacking its rights to free speech.

The prosecution opposes these motions and contends that Elcomsoft's tool could be used to illegally circumvent the copy protection in Adobe eBooks, and was sold as such, in violation of the DMCA.

It's unclear when the judge will rule on the two remaining motions to dismiss. The case is scheduled to return to court April 15, at which time (providing the case is not dismissed) a trial date may be set. ®

External links

Digital Millennium Copyright Act (DMCA): "US v. Sklyarov" archive

Related stories

ElcomSoft squares up to Feds in Sklyarov test case
ElcomSoft attacks DMCA in Sklyarov test case
Case against Dmitry Sklyarov dropped
Sklyarov boss exhibits cojones
Sklyarov freed on Bail
Adobe Folds!
eBook security debunker arrested by Feds
MS eBook cracker keeps findings secret

Internet Security Threat Report 2014

Whitepapers

10 ways wire data helps conquer IT complexity
IT teams can automatically detect problems across the IT environment, spot data theft, select unique pieces of transaction payloads to send to a data source, and more.
The total economic impact of Druva inSync
Examining the ROI enterprises may realize by implementing inSync, as they look to improve backup and recovery of endpoint data in a cost-effective manner.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.