[free-sklyarov] Sklyarov lawyers will challenge DMCA, jurisdiction

Eric swive at getnet.com
Mon Nov 26 18:30:34 PST 2001

> Attorneys for Dmitry Sklyarov and ElcomSoft Ltd. of Moscow, Russia
> apparently plan to challenge aspects of the Digital Millennium
> Copyright Act (DMCA), as well as whether the U.S. government has
> jurisdiction in the criminal case initiated by Adobe Systems over

To be pedantic, the case is not about jurisdiction, and should not be
phrased that way: whether a court has federal subject matter jurisdiction
over a case or controversy depends on whether there are any nonfrivolous
claims under 28 U.S.C. ? 1331.

The case is about extraterritoriality: that is, whether a law (i.e., the
DMCA) applies outside U.S. territory.  This question is resolvable to
whether "Congress [has] asserted regulatory power over the challenged

See Hartford Fire Ins. Co. v. California, 509 U.S. 764, 813 (1993), (Scalia,
J., dissenting).

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