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 newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Matt Berger

PC World
Show Comments

Cool Tech

SanDisk MicroSDXC™ for Nintendo® Switch™

Learn more >

Breitling Superocean Heritage Chronographe 44

Learn more >

Toys for Boys

Family Friendly

Panasonic 4K UHD Blu-Ray Player and Full HD Recorder with Netflix - UBT1GL-K

Learn more >

Stocking Stuffer

Razer DeathAdder Expert Ergonomic Gaming Mouse

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?