[free-sklyarov] More extensive AP story

[Richard M. Smith]

Nice sound bite from the jury foreman:

http://story.news.yahoo.com/news?tmpl=story2&cid=520&u=/ap/20021217/ap_w
o_en_bu/na_fin_com_us_russian_programmer_2&printer=1

Russian software firm found innocent in closely watched copyright trial;
use of e-books at issue 
22 minutes ago  

By BOB PORTERFIELD, Associated Press Writer 

SAN JOSE, California - A federal jury Tuesday acquitted a Russian
software firm that was charged with digital copyright violation for
creating a program that cracks the security features of Adobe Systems'
electronic book software. 

The case against Elcomsoft Ltd. was the most high-profile under the 1998
Digital Millennium Copyright Act (news - web sites), which many in the
technology industry consider unduly restrictive. 

If it had been convicted, Elcomsoft could have been fined $2 million,
with additional penalties if intent was determined. 

The young Elcomsoft programmer who developed the software, Dmitry
Sklyarov, became a lightning rod for hacker rights after his arrest last
year after attending a hacker convention in Las Vegas. 

Sklyarov, an assistant professor at Moscow Technical University, spent
several weeks in jail before the government agreed to drop charges
against him in exchange for his testimony at Elcomsoft's trial. 

Prosecutors had tried to prove that the Elcomsoft software was illegal
because it permitted owners to print, copy or otherwise distribute
copyright material, encouraging piracy. 

Prosecutor Scott H. Frewing told jurors that the Russians "were selling
a burglar tool for software to make a profit." He quickly left the
courtroom after the verdict and had no immediate comment. 

The defense argued that the program merely enabled owners of Adobe eBook
Reader software to make copies of e-books for personal use. If an owner
makes a backup copy of an e-book or transfers it to another device he
owns, they argued, that is permitted under the "fair use" concept of
copyright law. 

Jury foreman Dennis Strader said the argument made a big impact on the
jurors, who asked U.S. District Judge Ronald M. Whyte to clarify the
"fair use" definition shortly after deliberations began. 

"Under the eBook formats, you have no rights at all, and the jury had
trouble with that concept," said Strader. 

The copyright act under which Elcomsoft was tried prohibits the
production and distribution of any product that circumvents security
features of digital media. 

Defense attorney Joe Burton said the government failed to prove
Elcomsoft intended to violate the law, but predicted more prosecutions. 

"I don't see it as throwing a blanket on DMCA," Burton said, referring
to the Digital Millennium Copyright Act. "It will take another case to
test that." 

Elcomsoft president Alex Katalov said the program is no longer being
sold in Russia or anywhere else.