Intellectual "Property" in the Digital Age
Frank Field
Links Home : IP Controversies : ElcomSoft Case

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The Sklyarov followup; his employer


-REC Russian Coding Firm Back for More
[4 hits, 0 votes, Average Rating 0] [Added: 23rd Aug 2002]

,i>Wired.ccom; Michelle Delio; August 23, 2002.

"We have serious plans for the eBook market," Vladimir Katalov, managing director of ElcomSoft, says. "All perfectly legal, of course."

At least, Katalov hopes the new software his company intends to offer for Adobe and Microsoft eBooks is legal. He said no one at Adobe or Microsoft will discuss it with him.

"We tried to contact Microsoft ... describing the software we're going to release, and asking what do they think about that.... Will that violate any Microsoft patents, copyrights, licenses or whatever," Katalov said. "(Microsoft) responded that, 'Microsoft's legal department does not give advice to third parties.'"

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-Adobe Hackers: We're Immune
[2 hits, 0 votes, Average Rating 0] [Added: 4th Mar 2002]; Farhad Manjoo and Michelle Delio; March 4, 2002. A sovereignity argument is raised in the Elcomsoft case
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-DMCA Clears Hurdle in Case Against ElcomSoft
[1 hits, 0 votes, Average Rating 0] [Added: 9th May 2002]; Shannon Lafferty; May 9, 2002. A look at how the legal community covers/spins this decision - with links
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-Elcomsoft Case Proceeds; U.S. Claims Jurisdiction
[1 hits, 0 votes, Average Rating 0] [Added: 3rd Apr 2002]; April 3, 2002. "An anonymous reader sent in this Reuters article noting that the Elcomsoft case will go forward. Elcomsoft had asserted that the United States didn't have jurisdiction . This is not really ground-breaking news; Elcomsoft did sell its software to people in the United States and it's not surprising that a U.S. court would claim jurisdiction over this. Elcomsoft is also claiming that enforcement of the DMCA violates the Constitutional right to free speech, and that the part of the DMCA which prohibits distributing devices which circumvent protection measures is so vague that enforcement of it violates the Constitutional right to due process under the Fifth Amendment. (See EFF's archive for more.) One or both of these claims may have a greater chance of success than the jurisdiction claim."
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-Elcomsoft Case Will Proceed
[2 hits, 0 votes, Average Rating 0] [Added: 9th May 2002]; May 9, 2002. With lots of links to the decision, especially the EFF info on the decision.
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-Federal Judge Puts Off Ruling In E-Book Case - Update
[2 hits, 0 votes, Average Rating 0] [Added: 17th Apr 2002]; David McGuire; April 15, 2002. "Attorneys for Russian firm Elcomsoft and the U.S. government were in court today for a scheduled status hearing in the controversial case. At today's hearing, Whyte was expected to rule on a pair of motions to dismiss the criminal charges against Elcomsoft.
... Instead, Whyte postponed the hearing until May 6. Although there is no guarantee that Whyte will rule then on the motions to dismiss, Electronic Frontier Foundation (EFF) Legal Director Cindy Cohn said she is optimistic that there will be a ruling next month."
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-Home, but Not Home Free
[1 hits, 0 votes, Average Rating 0] [Added: 18th Jun 2002]

Time Europe Magazine; January 24, 2002. A little popular press background.
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-Judge Says Russia Software Company Can Be Tried
[1 hits, 0 votes, Average Rating 0] [Added: 9th May 2002]

New York Times; Reuters; May 8, 2002. A quote from the article that has everyone up at arms: "``The DMCA does not eliminate fair use or substantially impair the fair use rights of anyone,'' the judge wrote in a 35-page opinion. ``The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.''"
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-Judge Weighs Dismissal of Charges in Digital Copyright Case
[2 hits, 0 votes, Average Rating 0] [Added: 1st Apr 2002]; Farhad Manjoo; April 1, 2002. "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."
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-Judge Weighs Dismissal of Charges in Digital Copyright Case
[1 hits, 0 votes, Average Rating 0] [Added: 2nd Apr 2002]

New York Times; Chris Gaither; April 2, 2002.
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-Judge: Elcomsoft Case Can Proceed
[2 hits, 0 votes, Average Rating 0] [Added: 8th May 2002]; Farhad Manjoo; May 8, 2002. " A federal judge ruled on Wednesday that the copyright infringement case against the Russian software company Elcomsoft can go on, dismissing the defense's claim that key provisions of the Digital Millennium Copyright Act are unconstitutional."
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-Just Say Nyet to U.S. Net Laws?
[2 hits, 0 votes, Average Rating 0] [Added: 5th Mar 2002]; Farhad Manjoo; March 5, 2002. Slashdot discussion: Elcomsoft Lawyer Says Internet Outside US Law
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-Moscow firm asks dismissal of DMCA suit
[1 hits, 0 votes, Average Rating 0] [Added: 29th Jan 2002]; Reuters; January 28, 2002. "The attourney for a Russian companry accused of violating the controversial Digital Millenium Copyright Act filed motions Monday to have the case dismissed, arguing the law is vague, too broad and shouldn't apply to a foreign company." Slashdot discussion: ElcomSoft Files For Dismissal Of E-Book Case
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-Sklyarov/ElcomSoft case sent to trial
[2 hits, 0 votes, Average Rating 0] [Added: 9th May 2002]

The Register; John Leyden; May 9, 2002.
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-U.S. Embassy to Dmitry Sklyarov: Access denied
[2 hits, 1 votes, Average Rating 0.00] [Added: 28th Oct 2002]

Salon.Com; Farhad Manjoo; October 24, 2002. Also here

The federal government's case against the Russian software firm ElcomSoft -- the first criminal trial under the controversial Digital Millennium Copyright Act -- seems to be in legal limbo after two key witnesses were refused entry into the United States in mid-October.

The American Embassy in Moscow has denied U.S. visas to Dmitry Sklyarov -- the Russian programmer jailed in California last year after the government accused him of violating federal copyright law -- and his boss, ElcomSoft's CEO, Alexander Katalov.

The company is accused of violating U.S. law by selling software that strips Adobe eBooks of their copy-protection. Sklyarov and Katalov, who live in Russia, were due to testify in the case, which is scheduled to begin Oct. 21 in San Jose, Calif.

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