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Electronic Frontier Foundation Media Advisory

Constitutional Challenge in Russian eBook Formatter Case

Federal Court Debates Dismissal Under Digital Copyright Law

For Immediate Release: Thursday, March 28, 2002

San Jose, California - On Monday, April 1, 2002, Judge Whyte of the Northern District of California Federal Court will hear arguments on Russian software firm Elcomsoft's motion to dismiss the criminal charges leveled against it under likely unconstitutional provisions of the Digital Millenium Copyright Act (DMCA). Elcomsoft is charged with offering a tool that circumvents the copy protection in Adobe eBooks, allowing fair, noninfringing use by eBook purchasers.

Although the government has largely dropped its charges against Elcomsoft employee Dmitry Sklyarov, the company remains under criminal prosecution, presenting a chance for the court to look closely into the constitutional problems with the DMCA. The Electronic Frontier Foundation (EFF) filed an amicus brief in support of Elcomsoft as did over 35 law professors.

The hearing is open to the public, and the EFF would like to see a strong showing of support for Elcomsoft and opposition to the DMCA's unconstitutionality. Attendees should dress respectfully to keep from disrupting the legal proceedings.

When: 9:00 a.m., April 1, 2002 [Note: Despite the date, this is an actual hearing.]

Where: United States Courthouse, 280 South 1st Street, San Jose, California, 95113

Courtroom: 4th Floor, Courtroom 6

Click here for map.

Links:

Elcomsoft case archive:
  http://www.eff.org/IP/DMCA/US_v_Sklyarov/

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to websites in the world:
  http://www.eff.org/

Contacts:

Cindy Cohn, EFF Legal Director
  cindy@eff.org
  +1 415-436-9333 x108

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