FC: Elcomsoft asks judge to dismiss charges in San Jose hearing

[Declan McCullagh <declan () well com>]

See Politech Sklyarov archive:
http://www.politechbot.com/cgi-bin/politech.cgi?name=sklyarov

---

http://www.wired.com/news/politics/0,1283,51460,00.html

   Adobe-Hack Lawyers: Toss the Case
   By Farhad Manjoo
   
   1:00 p.m. April 1, 2002 PST
   SAN JOSE -- A Russian company accused of criminal copyright violations
   argued in federal court on Monday that the law it's accused of
   breaching, the Digital Millennium Copyright Act, is both
   unconstitutionally vague and restricts free speech.
   
   Attorneys for Elcomsoft asked U.S. District Court Judge Ronald Whyte
   to dismiss U.S. v. Elcomsoft, the case that began last July with the
   arrest of the Russian programmer Dmitri Sklyarov. The attorneys claim
   the company's software enables "fair use" rights of copyrighted
   materials -- rights that the Constitution protects.

   But the government argued that Elcomsoft's fair use arguments were a
   "red herring," and that there was nothing vague about the DMCA's
   restrictions of software like Elcomsoft's Advanced eBook Processor.
   The program allows owners of Adobe e-books to convert their e-books
   from the Adobe format to a less-restrictive format.

   [...]



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