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

From: Declan McCullagh (declanat_private)
Date: Tue Apr 02 2002 - 06:25:39 PST

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