IP: Judge Ponders Jurisdiction in Russian eBook Formatter Case

[Dave Farber <dave () farber net>]

For those who forget, Adobe said ,, we did not want to prosecute him. Now
that the clamor  has died down, looks like they do djf
------ Forwarded Message
From: Will Doherty <wild () eff org>
Date: Wed, 06 Mar 2002 12:14:46 -0800
To: presslist () eff org
Subject: [E-B] EFF: Judge Ponders Jurisdiction in Russian eBook Formatter
Case

Electronic Frontier Foundation Media Release

For Immediate Release: Wednesday, March 6, 2002


Contact:

Lee Tien
   Senior Staff Attorney
   Electronic Frontier Foundation
   tien () eff org
   +1 415 436-9333 x102 (office), +1 510 290-7131 (cell)

Cindy Cohn
   Legal Director
   Electronic Frontier Foundation
   cindy () eff org
   +1 415 436-9333 x108 (office), +1 415 823-2148 (cell)


Judge Ponders Jurisdiction in Russian eBook Formatter Case

Adobe Assists U.S. Government in Elcomsoft Prosecution

San Jose, March 4 - In the first round of motions in its
criminal defense, Moscow-based software company Elcomsoft
asked Federal District Judge Ronald Whyte to dismiss
criminal charges against it. Elcomsoft was charged under
the U.S. Digital Millennium Copyright Act (DMCA) for
creating and distributing software that could permit
electronic book owners to convert the Adobe eBook format
and make use of eBooks without publishers' restrictions.

Russian programmer Dmitri Sklyarov, who was also charged
based on a complaint filed by Adobe Systems Inc. of San
Jose, created the software while an employee at Elcomsoft.
Adobe withdrew its support of the case against Sklyarov,
and the government has suspended its prosecution of
Sklyarov.

Elcomsoft asked the court to dismiss the case because the
company distributed the software from Russia, and the DMCA
does not apply outside the United States. Elcomsoft also
explained that the government had not properly claimed a
"conspiracy." The judge heard arguments from both sides and
is expected to issue a ruling shortly.

In an interesting turnabout, Adobe Systems assisted the
government in its prosecution by providing it with a
declaration from one of Adobe's top engineers. "We're
disappointed that Adobe continues to push for criminal
prosecution of creators of tools that allow the public to
exercise their rights," said Electronic Frontier Foundation
(EFF) Legal Director Cindy Cohn. "We were hopeful that,
having publicly withdrawn their support for throwing Mr.
Sklyarov in jail, Adobe would not push the prosecution of
his employer."

Two additional motions to dismiss by Elcomsoft, on
constitutional grounds, are set to be heard before Judge
Whyte on April 1, 2002.

On February 4, 2002, EFF filed an amicus brief in the
Elcomsoft case supporting Elcomsoft's position that the
DMCA is unconstitutional because it impinges on protected
speech and stifles technological innovation. A group of
over 35 law professors also filed an amicus brief opposing
the law.

EFF amicus brief in U.S. v. Sklyarov / Elcomsoft case:
http://www.eff.org/Cases/US_v_Sklyarov/20020204_eff_amicus_brief.pdf

Frequently Asked Questions (FAQ) on Sklyarov / Elcomsoft
case:
http://www.eff.org/Cases/US_v_Sklyarov/us_v_sklyarov_faq.html

Other documents related to U.S. v. Sklyarov / Elcomsoft
case:
http://www.eff.org/Cases/US_v_Sklyarov/

For this release:
http://www.eff.org/20020306_eff_elcom_pr.html

Related media coverage:
http://www.wired.com/news/politics/0,1283,50832,00.html
http://news.com.com/2100-1001-851418.html


About EFF:

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression, privacy, and openness in the information
society. EFF is a member-supported organization and
maintains one of the most-linked-to websites in the world at
http://www.eff.org/

                            -end-





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