[free-sklyarov] Elcomsoft case is now in the jury's hands

[Richard M. Smith]

http://story.news.yahoo.com/news?tmpl=story2&cid=528&u=/ap/20021212/ap_o
n_hi_te/russian_programmer&printer=1Russian

Software Copyright Case Watched 

By BOB PORTERFIELD, Associated Press Writer 

SAN JOSE, Calif. - A federal jury began deliberating Thursday on the
fate of a Russian software company accused of violating the
controversial 1998 Digital Millennium Copyright Act (news - web sites). 

In closing arguments, prosecutor Scott H. Frewing said Moscow-based
Elcomsoft Co. Ltd. should follow copyright rules just like American
corporations. He brought up Enron, WorldCom and other corporate
miscreants. 

The company is charged with marketing software the government contends
was designed to crack the security codes of Adobe Systems Inc.'s
electronic book publishing software so users could print, copy or
distribute books they had downloaded. 

Such software is legal in Russia, but the 1998 copyright act prohibits
the distribution of any product that circumvents security features of
digital media. Elcomsoft's software was available in the United States
until Adobe complained to federal authorities last year. 

If convicted, Elcomsoft could be fined more than $2 million. 

Joseph M. Burton, a San Francisco lawyer representing Elcomsoft and its
president, Alex Katalov, characterized the case as a dispute between
Elcomsoft and Adobe. He argued there was no intent to violate the
copyright act because his clients believed their product was legal. 

The case became a cause celebre last year when Elcomsoft programmer
Dmitry Sklyarov was arrested after attending a Las Vegas hacker
convention. Sklyarov spent several weeks in jail before the government
agreed to drop charges against him in exchange for his testimony at
Elcomsoft's trial.