Sklyarov's company files motion arguing against DMCA

ElcomSoft, the employer of freed Russian programmer Dmitry Sklyarov, filed a series of motions with a U.S. District Court Monday in which it spells out how it plans to defend itself against charges that it violated terms of the 1998 Digital Millennium Copyright Act (DMCA).

The Moscow-based company hopes to prove that the DMCA is vague, overly broad and was misapplied in the case, ElcomSoft's lead attorney, Joseph Burton, said in a statement. The motions were filed with the U.S. District Court for the Northern District of California, the company said.

Sklyarov was arrested by federal agents last July at the Def Con hacker conference in Las Vegas, after giving a presentation about a tool he developed at ElcomSoft that allowed users of Adobe System Inc.'s eBook Reader software to remove its copyright protections and open those files in the less secure Adobe PDF (portable document format).

After being detained in the U.S. for more than six months, charges filed by the U.S. Department of Justice against Sklyarov were dropped in December. ElcomSoft -- which was also charged in July -- remains under indictment. Sklyarov reached a deal with U.S. prosecutors that left him free to leave the country in exchange for testifying against ElcomSoft.

In its defense, ElcomSoft will attempt to poke holes in the DMCA and prove that it was misused against the company, the company said in the statement . ElcomSoft claims that its Advanced eBook Processor is protected by "fair use" because it affords Adobe eBook users the same rights they would have with a book -- the ability to copy or share it.

The defense aims to "clarify the boundaries of the DMCA," the company said in the statement.

ElcomSoft is scheduled to file a second set of motions regarding the issue of jurisdiction before it is scheduled to appear in the San Jose court on March 4, the company said.

Join the PC World newsletter!

Error: Please check your email address.

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Matt Berger

PC World
Show Comments

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?