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Electronic Frontier Foundation Media Release
Judge Ponders Jurisdiction in Russian eBook Formatter Case
Adobe Assists U.S. Government in Elcomsoft Prosecution For Immediate Release: Wednesday, March 6, 2002 San Jose, CA, 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 "We were hopeful that, having publicly withdrawn their support for throwing Mr.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. Links: EFF amicus brief in U.S. v. Sklyarov/Elcomsoft case:
Frequently Asked Questions (FAQ) on Sklyarov/Elcomsoft case:
Other documents related to U.S. v. Sklyarov/Elcomsoft case:
For this release:
Related media coverage:
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 Web sites in the world:
Contacts: Lee Tien, EFF Senior First Amendment Attorney
Cindy Cohn, EFF Legal Director
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