Moscow-based ElcomSoft has been charged under the DMCA for
allegedly selling a computer program enabling users to copy and
distribute electronic books, or e-books, by circumventing Adobe
Systems' copyright protection locks. Under the DMCA, the
dissemination of circumventing technology is a criminal
offence.
The federal prosecutors claim that, despite being warned by
Adobe, ElcomSoft sold at least 20 copies of the software in dispute
for about $99 each. The software company, on the other hand, argues
that it did not know its product was illegal and denies any intent
to violate US copyright laws. Therefore, ElcomSoft alleges, the
DMCA cannot apply since it requires that an illegal act is done
wilfully.
The case began after Adobe informed the FBI of ElcomSoft's
activities. Federal agents subsequently arrested Dmitri Sklyarov,
an ElcomSoft programmer, at a Las Vegas conference where he was
demonstrating the allegedly illegal software. The charges against
Sklyarov were dropped when he agreed to testify against his
employers.
The beginning of the trial was delayed for more than six weeks
because the US State Department initially refused to issue a visa
to Sklyarov. This has now been granted. Both he and ElcomSoft's
CEO, Alex Katalov, are expected to testify at the trial.
