FC: Sklyarov, Elcomsoft plead not guilty to DMCA crimes

[Declan McCullagh <declan () well com>]

Wired News article on "not guilty" pleas:
http://www.wired.com/news/politics/0,1283,46396,00.html

Politech archive on U.S. v. Sklyarov:
http://www.politechbot.com/cgi-bin/politech.cgi?name=sklyarov

*********

Date: Thu, 30 Aug 2001 09:54:31 -0700
From: Paul Vogel <vogelcommpa () earthlink net>
Subject: ElcomSoft President defends Dimitry Sklyarov

Alex Katalov and Joseph Burton asked me to forward his statement to you,
given your interest and coverage of Dmitry Sklyarov's arrest by the FBI
in July, and today's arraignments.

I have imbedded the statement in this e-mail, as well as attaching it as
a Word rtf file.

Thank you.

Paul Vogel






Contacts: Paul Vogel, 503/805-5139, 503/684-7219
Joseph M. Burton, Duane, Morris & Heckscher LLP
(415) 371-2214.
  For Immediate Release

ELCOMSOFT EXECUTIVE RESPONDS TO FEDERAL CHARGES AGAINST DMITRY SKLYAROV

SAN FRANCISCO, Calif. (August 29, 2001) ? After federal charges were
brought against his company and one of his employees on Tuesday, Alex
Katalov, president of ElcomSoft Co. Ltd., responded saying, "I am
saddened by the Justice Department's treatment of my employee and
friend, Dmitry Sklyarov. This is a very unfortunate and misguided
attempt to enforce the Digital Millennium Copyright Act (DMCA).  It
appears that the Justice Department is looking for its first test case
under the DMCA, but they have mistakenly singled out an individual,
simply for developing a program."
Sklyarov was originally arrested at a computer and Internet conference
in Las Vegas on July 16th,  after he delivered a presentation.
"My top concern is for Dmitry, his future, and that of his young
family," Katalov said. "Dmitry has been detained in San Francisco for a
month and is unable to return to his home.  ElcomSoft did not violate
the letter or the intent of the DMCA, which we will prove in due time.
Dmitry should not be made some sort of example."
Sklyarov's Attorney, Joseph M. Burton of Duane Morris in San Francisco,
said, "The government wants you to think this is about copyright
infringement and enforcing the DMCA. It's not."  Burton asserted that
ElcomSoft and Sklyarov will refute the Justice Department's
allegations.  "According to the indictment this situation existed for a
sum total of 25 days. This hardly would seem to merit criminal
prosecution," Burton added.
In their arrest of Dmitry Sklyarov, the government apparently thought
they had a rogue cyber-pirate or "hacker."  Ironically, ElcomSoft and
the government have in the past and continue to work hand-in-hand to
fight crime.  ElcomSoft Co. Ltd., is a ten-year old company that
develops software to recover computer passwords and provide computer
security.  ElcomSoft also helps identify, trace and shut down hackers,
software pirates and cyber-thieves. Their software and consulting
services are used in over 80 countries and by U.S law enforcement
agencies from the FBI to county sheriffs and local police departments.
The DMCA exists to prosecute those who have no regard for property and
intellectual property rights. "ElcomSoft is the exact opposite of those
kinds of people," Katalov stated.  "We have worked for so long and so
closely with law enforcement in this country, you can imagine our
surprise that the Justice Department thinks we are criminals.  We hope
ElcomSoft will have the opportunity to make our case in U.S. courts."
ElcomSoft, (www.elcomsoft.com) is headquartered in Moscow, with
approximately 20 employees. Its Password Recovery Kit software is sold
and licensed to a majority of Fortune 500 companies and major accounting
firm in the U.S., as well as U.S. military, intelligence and law
enforcement agencies throughout the country.

# # #


Alexander Katalov also pointed out that in response to numerous
inquiries, a defense fund has been established.  Those interested in
contributing to Sklyarov's defense fund should make donations by wire
to:

First Union National Bank
Philadelphia, PA
ABA #031201467
Account #: 2000104359781
Account Name: Duane, Morris & Heckscher LLP Escrow Account

Contributors MUST reference "The Dmitri Defense Fund - R0247-2" on all
incoming wires.

Donations by Check should be sent to the following address:

The Dmitri Defense Fund
c/o Duane, Morris & Heckscher LLP
100 Spear Street, Suite 1500
San Francisco, California 94105
USA

Checks must be payable to "DMH Escrow Agent for Dmitri Defense Fund"




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