EFF "Intellectual Property: Digital Millennium Copyright Act (DMCA):
U.S. v. ElcomSoft & Sklyarov" Archive
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- us_v_elcomsoft_faq.html
- EFF's "US v. ElcomSoft & Sklyarov FAQ": Frequently
Asked Questions (and Answers) about the US prosecution of Russian
Programmer Dmitry klyarov, and his Russian employer ElcomSoft, under
the US Digital Millennium Copyright Act (DMCA). (Updated Feb. 19, 2002)
- elcomsoft-media-coverage.php
- Key media coverage relating to this case.
- 20021217_eff_pr.html
- Jury Acquits Elcomsoft in eBook Copyright Case, Dmitry
Sklyarov Odyssey Leaves Prosecutor Empty-Handed (December 17, 2002)
- 20021017_court_filings.html
-
- 20020508_dismiss_deny_order.html
- U.S District Court Judge Ronald Whyte's
Order denying Elcomsoft's Motion to Dismiss on Constitutional Grounds.
(May 8, 2002)
- 20020508_dismiss_deny_order.pdf
- U.S District Court Judge Ronald Whyte's
Order denying Elcomsoft's Motion to Dismiss on Constitutional Grounds.
(May 8, 2002)
- 20020508_eff_elcom_pr.html
- EFF Media release: A federal judge today denied a
Russian software vendor's request to dismiss criminal charges
against the company for violations of the Digital
Millennium Copyright Act (DMCA).(May 8, 2002)
- 20020204_eff_elcom_pr.html
- Electronic Frontier Foundation Media
Release: Constitutional Challenge in Russian eBook Formatter Case -
Federal Court Debates Dismissal Under Digital Copyright Law. 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). The hearing is open to the
public, and the EFF would like to see a strong showing of support. (Mar.
28, 2002)
- 20020327_dismiss_deny_order.html
- US District Judge Ronald Whyte's
Order Denying Defendant's Motion to Dismiss Indictment for Lack of
Subject Matter Jurisdiction, in US v. ElcomSoft (Mar. 27, 2002)
- 20020318_elcom_reply_memo_1a.pdf
- ElcomSoft Reply Memorandum in Support of
Motion to Dismiss Indictment for Violation of the First Amendment, in US v.
Elcomsoft (Mar. 18, 2002) [PDF version from scanned fax, no text-only
layer. 1MB]
- 20020318_elcom_reply_memo_dp.pdf
- ElcomSoft Reply Memorandum in Support of
Motion to Dismiss Indictment for Violation of Due Process, in US v.
Elcomsoft (Mar. 18, 2002) [PDF version; does not preserve pagination as
filed with court, but text is otherwise 100% correct. 136KB]
- 20020318_elcom_dismiss_motion_dp.pdf
- ElcomSoft Motion to Dismiss
Indictment for Violation of Due Process, in US v. Elcomsoft (Mar. 18, 2002)
[[PDF version; may not preserve pagination as filed with court, but
text is otherwise 100% correct. 1.4MB]
- 20020304_us_opp_brief.pdf
- United States' Opposition to Defendants Motions
to Dismiss the Indictment on Constitutional Grounds, in US v. Elcomsoft
(Mar. 4, 2002) [PDF format; preserves appearance of original, as filed;
text layer will contain some scanning errors.]
- 20020304_oconnell_decl.pdf
- Declaration of Special Agent Daniel O'Connell
in support of United States' Opposition to Defendants Motions
to Dismiss the Indictment on Constitutional Grounds; Exhibits A-D.
In US v. Elcomsoft (Mar. 4, 2002) [PDF format; preserves appearance
of original, as filed; text layer will contain some scanning errors.]
- 20020225_elcom_reply_to_opp.html
- ElcomSoft Reply to Government
Opposition to Motion to Dismiss Indictment for
Lack of Jurisdiction, in US v. ElcomSoft (Feb. 25, 2002)
- 20020225_katalov_decl.html
- Declaration of Alexander Katalov in Support
of Reply of ElcomSoft, in US v. ElcomSoft (Feb. 25, 2002)
- 20020204_eff_elcom_pr.html
- Electronic Frontier Foundation Media
Release: Electronic Frontier Foundation Opposes Digital Copyright Law -
Defends Public's Rights in Russian eBook Format Case. San Jose - EFF
today filed an amicus brief in federal district court asking that the
Digital Millenium Copyright Act (DMCA) be found unconstitutional because
it impinges on protected speech and stifles technological innovation.
The case arises from the criminal prosecution of Russian programmer
Dmitry Sklyarov and ElcomSoft, the Moscow-based company where he works.
(Feb. 4, 2002)
- 20020204_eff_amicus_brief.pdf
- Amicus curiae brief, by the Electronic
Frontier Foundation and several other organizations, in support of
ElcomSoft motions to dismiss and seeking a judicial determination that
the Digital Millenium Copyright Act (DMCA) is unconstitutional, in US v.
ElcomSoft, et al. (Feb. 4, 2002) [PDF version; preserves accurate
pagination and line numbering and visual appearance of text (aside from
some discoloration on some pages), but a copy-paste of the raw content
will reveal OCR errors.]
- 20020129_elcom_dismiss_motion.html
- ElcomSoft Motion to Dismiss
Indictment for Violation of Due Process, in US v. ElcomSoft, et al.
(Jan. 29, 2002)
- 20020129_elcom_dismiss_motion.pdf
- ElcomSoft Motion to Dismiss
Indictment for Violation of Due Process, in US v. ElcomSoft, et al.
(Jan. 29, 2002) [PDF version; does not preserve pagination as filed
with court, but text is otherwise 100% correct]
- 20020129_elcom_mtd_notice.html
- ElcomSoft Notice of Motion to Dismiss
Indictment for Violation of Due Process, in US v. ElcomSoft, et al.
(Jan. 29, 2002)
- 20020129_elcom_mtd_notice.pdf
- ElcomSoft Notice of Motion to Dismiss
Indictment for Violation of Due Process, in US v. ElcomSoft, et al.
(Jan. 29, 2002) [PDF version; does not preserve pagination as filed
with court, but text is otherwise 100% correct]
- 20020129_burton_decl.html
- Declaration of [ElcomSoft attorney] Joseph M.
Burton in Support of Motion to Dismiss Indictment for Violation of Due
Process, in US v. ElcomSoft, et al. (Jan. 29, 2002)
- 20020129_burton_decl.pdf
- Declaration of [ElcomSoft attorney] Joseph M.
Burton in Support of Motion to Dismiss Indictment for Violation of Due
Process, in US v. ElcomSoft, et al. (Jan. 29, 2002) [PDF version; does
not preserve pagination as filed with court, but text is otherwise 100%
correct]
- 20020128_elcom_memo_dismiss_motion.pdf
- ElcomSoft Memorandum of Points
and Authorities in Support of Motion to Dismiss Based on the First
Amendment (Jan. 28, 2002) [PDF format; preserves exact pagination
of court-submitted version, but is a graphical scan only, with no
true text layer.]
- 20020114_elcom_dismiss_consp_motion.html
- ElcomSoft Notice of
Motion and Motion to Dismiss Count One: Conspiracy, in US v. ElcomSoft,
et al. (Jan. 14, 2002)
- 20020114_elcom_dismiss_consp_motion.pdf
- ElcomSoft Notice of
Motion and Motion to Dismiss Count One: Conspiracy, in US v. ElcomSoft,
et al. (Jan. 14, 2002) [PDF version]
- 20020114_elcom_dismiss_juris_motion.html
- ElcomSoft Notice of Motion
and Motion to Dismiss Indictment for Lack of Jurisdiction, in US v. ElcomSoft,
et al. (Jan. 14, 2002)
- 20020114_elcom_dismiss_juris_motion.pdf
- ElcomSoft Notice of Motion
and Motion to Dismiss Indictment for Lack of Jurisdiction, in US v. ElcomSoft,
et al. (Jan. 14, 2002) [PDF version]
- 20011213_sklyarov_agreement.pdf
- Pretrial Diversion Agreement between
Dmitry Sklyarov and the U.S. Attorney, in US v. ElcomSoft et al. (Dec. 13,
2001) [PDF version from scanned fax, no text-only layer]
- 20011213_eff_pr.html
- Electronic Frontier Foundation Media Release:
Government Agrees to Defer Prosecution of Dmitry Sklyarov - Russian
Programmer Freed, Must Testify Against Employer. San Jose - U.S. Federal
Court Judge Ronald Whyte today signed a court agreement permitting
Russian programmer Dmitry Sklyarov to return to his native land after a
five-month enforced stay in the U.S. The agreement should eventually
clear him of all charges brought against him for distributing software
that permits electronic book owners to convert the Adobe e-book format so
they can make use of e-books without access restrictions. As part of the
agreement, Sklyarov will testify for the government in the case that
remains against ElcomSoft, Sklyarov's employer. He will likely
testify on behalf of ElcomSoft as well. (Dec. 13, 2001)
- 20011213_usatty_pr.html
- Press release from the US Attorney's Office
for the Northern District of California, regarding a deal to not
prosecute Dmitry Sklyarov, in return for his testimony. (Dec. 13, 2001)
- 20011213_defense_pr.html
- Press release from Dmitry Sklyarov and Elcom
legal team, regarding a deal to not prosecute Dmitry Sklyarov,
in return for his testimony. (Dec. 13, 2001)
- 20010830_eff_sklyarov_elcom_arr_pr.html
- EFF Media Release: San Jose,
California - Dmitry Sklyarov and ElcomSoft were arraigned today on charges
of circumvention and conspiracy to traffic in a copyright circumvention
device. (Aug. 30, 2001)
- 20010828_eff_sklyarov_elcomsoft_pr.html
- EFF Media Release: San Jose,
California - A United States grand jury this afternoon indicted Russian
company ElcomSoft along with previously jailed programmer Dmitry
Sklyarov on charges of trafficking and conspiracy to traffic in a
copyright circumvention device. Since the grand jury handed down a
five-count indictment, Sklyarov could face a prison term of up to
twenty-five years and a US $2,250,000 fine. (Aug. 29, 2001)
- 20010828_doj_sklyarov_elcomsoft_pr.html
- DoJ Media Release: The United
States Attorney's Office for the Northern District of California
announced that ElcomSoft Ltd. (also known as ElcomSoft Co. Ltd.) and Dmitry
Sklyarov, 27, both of Moscow, Russia, were indicted today by a federal
grand jury in San Jose, California on five counts of copyright
violations. [sic - this is actually incorrect; they were charged with
anticircumvetion violations - editor@eff.org.] (Aug. 28, 2001)
- 20010828_sklyarov_elcomsoft_indictment.html
- US Attorney's Indictment
Against Dmitry Sklyarov & ElcomSoft. The defendants were each
indicted on one count of conspiracy to traffic in technology primarily
designed to circumvent, and marketed for use in circumventing,
technology that protects a right of a copyright owner, in violation of
Title 18, United States Code, Section 371; two counts of trafficking in
technology primarily designed to circumvent technology that protects a
right of a copyright owner, in violation of Title 17, United States
Code, Section 1201(b)(1)(A); and two counts of trafficking in technology
marketed for use in circumventing technology that protects a right of a
copyright owner, in violation of Title 17, United States Code, Section
1201(b)(1)(C). (Aug. 28, 2001) [PDF format]
- 20010821_eff_sklyarov_bunner_pr.html
- EFF Media Advisory:
San Jose, CA - Russian Programmer to Appear in California Court;
Dmitry Sklyarov Issues Statement Thanking Supporters.
Andrew Bunner faces bogus trade secret suit same
day in nearby state court in another online intellectual
property case. (Aug. 21, 2001) Updated, Aug. 22: Sklyarov
hearing postponed; Bunner hearing remains on schedule.
- 20010803_eff_sklyarov_pr.html
- San Jose, CA - EFF advisory:
Dmitry Sklyarov Bail Hearing Set for Monday, Aug. 6 at 11am PT
Court, at Federal Building, San Jose, CA, will decide whether to
release Russian programmer pending trial. (Released Aug. 3, 2001)
- 20010803_eff_burton_pr.html
- San Francisco, CA - The Electronic
Frontier Foundation (EFF) today welcomed the announcement of Joseph M.
Burton as defense attorney for jailed Russian computer scientist Dmitry
Sklyarov. Burton has represented Sklyarov since July 20. Sklyarov was
arrested July 16 on charges of distributing software that circumvents
copyright protections, in violation of provisions of the Digital
Millennium Copyright Act (DMCA). (Aug. 3, 2001)
- boucher_ashcroft_dmca.html
- Key Legislators on Fair Use and
DMCA: Boucher & Ashcroft Speak Against Criminalization of
Legitimate Software. In a July 2001 statement, Rep. Rich
Boucher echoes 1998 concerns of Sen. John Ashcroft that the
Digital Millennium Copyright Act (DMCA) and its
anticircumvention provisions should not apply against
mass-market software with substantial noninfringing uses.
DMCA was never intended to apply against individuals like
US-arrested Russian programmer Dmitry Sklyarov; Boucher
calls the prosecution a "travesty". (Posted Aug. 3, 2001)
- 20010730_lessig_oped.html
- "Jail Time in the Digital Age", op-ed piece
on the Dmitry Sklyarov arrest and what's wrong with the Digital
Millennium Copyright Act (DMCA), by EFF Boardmember Lawrence Lessig
(July 30, 2001)
- 20010727_eff_sklyarov_pr.html
- EFF Media Release: San Francisco, CA -
Representatives of the Electronic Frontier Foundation (EFF) met with
representatives of the U.S. Attorney's office in San Francisco
today. There was a productive dialog, however the U.S. Attorney's
office did not agree to drop the prosecution against Russian programmer
Dmitry Sklyarov. Having explored good faith negotiations, the Electronic
Frontier Foundation rejoins the call for nonviolent protests worldwide
to secure the immediate release of Dmitry Sklyarov and drop all criminal
charges against him. (July 27, 2001)
- 20010726_anderson_mueller_letter.html
- Letter to US Attorney Robert
Mueller from Cambridge U. cryptographic researcher Ross Anderson,
regarding the wrongful Digital Millennium Copyright Act (DMCA)
prosecution of Russian programmer Dmitry Sklyarov. Anderson points out
the widespread alarm about this incident in international academic
circles. (July 26, 2001)
- 20010725_eff_sklyarov_announce.html
- EFF Announcement: The Electronic
Frontier Foundation will meet July 27, 2001, with the office of the U.S.
Attorney for the Northern District of California to negotiate the
dropping of all charges against wrongly-accused Russian programmer
Dmitry Sklyarov. (July 25, 2001)
- 20010725_templeton_essay.html
- E-publisher & EFF boardmember Brad
Templeon's essay, "An eBook Publisher on why the U.S. Attorney should
free Dmitry Sklyarov". (July 25, 2001)
- 20010724_eff_mueller_letter.html
- Electronic Frontier Foundation letter
to U.S. Attorney Robert S. Mueller III, asking for the immediate release
of Russian programmer Dmitry Sklyarov, who was arrested July 16 by the
FBI in Las Vegas on bogus charges of violating the anticircumvention
provisions of the Digital Millennium Copyright Act (DMCA) simply for
working on his employers' software product to make the Adobe eBook
format more accessible. (July 24, 2001)
- 20010723_eff_adobe_sklyarov_pr.html
- EFF Media Release: Adobe Systems
Inc. & the Electronic Frontier Foundation jointly recommend the
release of Dmitry Sklyarov, a Russian programmer wrongfully arrested
July 15 on DMCA anticircumvention provision charges (July 23, 2001)
- 20010720_eff_ashcroft_letter.html
- Letter from EFF Executive Director
Shari Steele to Attorney General John Ashcroft concerning Dmitry
Sklyarov. (July 20, 2001)
- 20010719_aap_sklyarov_pr.html
- Association of American Publishers
press release encouraging the prosecution of Dmitry Sklyarov.
(July 19, 2001)
- 20010719_eff_sklyarov_pr.html
- Electronic Frontier Foundation
press release: EFF and community activists urge concerned citizens
to join in a San Francisco Bay Area protest on Monday, July 23,
against software firm Adobe's role in the jailing of Russian programmer
Dmitry Sklyarov (July 19, 2001)
- 20010718_eff_sklyarov_statement.html
- Electronic Frontier Foundation
statement on the arrest of Dmitry Sklyarov and our involvement in the
case, from EFF Executive Director Shari Steele (July 18, 2001)
- 20010717_eff_sklyarov_pr.html
- San Francisco - The FBI arrested Russian
citizen Dmitry Sklyarov in Las Vegas, Nevada, yesterday on charges of
distributing a product designed to circumvent copyright protection
measures. Sklyarov, who was in Las Vegas to deliver a lecture on
electronic book security, allegedly authored a program which permits
editing, copying, and printing of electronic books by unlocking a
proprietary Adobe electronic book format. Charged in one of the first
United States criminal prosecutions under the Digital Millenium
Copyright Act (DMCA), Sklyarov is currently in custody in Las Vegas
pending transfer to the United States District Court in San Francisco.
The case involves Advanced eBook Processor software developed by
Sklyarov's Russian employer ElcomSoft. (July 17, 2001)
- 20010717_doj_sklyarov_pr.html
- U.S. Department of Justice (United
States Attorney's Office, Northern District of California) Press Release
on the arrest of and filing of a criminal complaint against Dmitry
Sklyarov. Sklyarov, a visiting Russian, is accused of violating the
Digital Millennium Copyright Act (DMCA) "anticircuvention" provisions,
for distributing software (Advanced eBook Processor or AEBPR) that can
decode the weak encryption on Adobe Acrobat eBook files. (July 17, 2001)
- 20010707_complaint.html
- Criminal Complaint and Affidavit in Support
of Complaint, in United States of America v. Dmitry Sklyarov (July 7,
2001)
- 20010707_complaint.pdf
- Criminal Complaint and Affidavit in Support
of Complaint, in United States of America v. Dmitry Sklyarov (July 7,
2001) PDF version.
- 20010718_sklyarov_video_url.html
- A URL to an interview with Dmitry Sklyarov
Which will probably disappear rather quickly. (July 18, 2001)
- media.html
- Page of links to media coverage of the Sklyarov case.
Subdirectories in This Archive
- Graphics/
- Photos of Dmitry Sklyarov & "Free Dmitry" campaign graphics
Links to Related Off-Site Resources
- Elcomsoft
statement about the arraignment of Dmitry Sklyarov and Elcomsoft
- on charges of distribution of a circumvention
device and conspiracy. (August 31, 2001)
- Donate to
the Dmitry Sklyarov Defense fund (Note: the
Dmitry Defense Fund is not affiliated with the EFF.)