FC: Sklyarov, Elcomsoft plead not guilty to DMCA crimes

From: Declan McCullagh (declanat_private)
Date: Thu Aug 30 2001 - 16:01:27 PDT

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    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 <vogelcommpaat_private>
    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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