[free-sklyarov] Sklyarov defense team statement

[Seth David Schoen]

http://cryptome.org/dmitry-burton.htm

   29 August 2001.
   Source: Dmitry Sklyarov defense team.
     _________________________________________________________________
   
   FOR IMMEDIATE RELEASE
   
   Tuesday, August 28, 2001
   
   GOVERNMENT REFUSES TO DROP CONTROVERSIAL CHARGES AGAINST DMITRY
   SKLYAROV AND INDICTS RUSSIAN PROGRAMMER
   
   San Jose, California -- The government took another step forward
   Tuesday in the controversial case against 26 year-old Russian software
   programmer Dmitry Sklyarov by indicting Sklyarov and his Moscow-based
   employer, ElcomSoft Co. Ltd., for alleged violations of the Digital
   Millennium Copyright Act ("DMCA"). Sklyarov will appear for
   arraignment on Thursday, at 9:30 a.m., in Federal Court in San Jose.
   
   "We were hopeful that the government would see the wisdom and justice
   in not pursuing a case against Sklyarov," said Sklyarov's attorney,
   Joseph M. Burton of Duane Morris in San Francisco, California. "Even
   if one were to ignore the serious legal questions involving the DMCA,
   this case hardly cries out for criminal prosecution. Sklyarov's and
   Elcomsoft's actions are not conduct that Congress intended to
   criminalize. We will vigorously contest these charges."
   
   Sklyarov spent 21 days in jail following his July 16, 2001 arrest in
   Las Vegas, Nevada, where he was delivering a lecture on electronic
   book security. The government arrested Sklyarov because his company
   allegedly trafficked in software that circumvented copyright security
   on Adobe electronic book software. Adobe has publicly stated that it
   does not support the prosecution of Sklyarov.
   
   Sklyarov has not been able to travel outside of Northern California
   since he was released on bail on August 6, 2001. "Now, that the
   government has decided to move forward with the prosecution, it is
   important that Dmitry be reunited with his family so that they can
   support each other through this ordeal," Burton stated. Emergency visa
   applications for Sklyarov's wife, 2 year-old son, and four-month old
   daughter have been filed with the United States Embassy in Moscow by
   Sklyarov's attorneys. "We are working to get the family here for the
   arraignment on Thursday," added Burton.
   
   Sklyarov's arrest sparked protests in dozens of U.S. cities and abroad
   and has raised the stakes in the on-going debate of how to protect
   copyrighted works published in electronic format.
   
   In response to numerous inquiries, a defense fund has been
   established. Those interested in contributing to Sklyarov's defense
   fund can obtain information on where to contribute at
   www.elcomsoft.com/aebpr.html.
     _________________________________________________________________


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