[free-sklyarov] DMCA applies to Whole World, Say Prosecutors

Vladimir Katalov vkatalov at elcomsoft.com
Mon Feb 18 01:40:03 PST 2002


And in the mean time, other countries' laws are not applicable to U.S.
companies... See, for example (registration required, but it is free):



> -------- Original Message --------
> Date: Wed, 13 Feb 2002 03:59:21 -0500
> From: David Farber <dave at farber.net>

>>Date: Tue, 12 Feb 2002 09:38:42 -0500
>>To: David Farber <dave at farber.net>
>>From: Mike Godwin <mnemonic at well.com>
>>Dave, it's interesting that at the same time some in
>>the government argue that U.S. constitutional projections
>>don't apply to the prisoners held at Guantanamo, other
>>government officials are insisting that the DMCA applies 

> Tuesday, February 12, 2002                    Vol. 3, No. 29

> WORLDWIDE DMCA applicability claimed by federal prosecutors
> in Elcomsoft copyright case.  Internet said to make it
> impossible to apply only within U.S.  (P. 1)

> U.S. Prosecutors Claim DMCA Applies Around the Globe

> SAN JOSE -- The Digital Millennium Copyright Act properly
> applies to activity outside the U.S., federal prosecutors
> said in their case against a Russian company charged with
> selling software decrypting Adobe e-Books.  "A construction
> of the DMCA that applied it only within the borders of the
> United States would thwart Congress's intent to prevent
> circumvention technology from being available," the San Jose
> U.S. Attorney's Office told U.S. Dist. Judge Ronald Whyte in
> papers filed late last week.  "The ease with which materials
> can be moved around the Internet makes it impossible to
> conceive of an effective DMCA statute that applied solely
> within the United States."  That construction was Congress's
> intent, as shown by its prohibition against importation of
> certain technology, prosecutors argued.

> Prosecutors said the judge didn't need to decide that issue,
> however, because Elcomsoft was subject to prosecution for
> conduct within the U.S.  The company offered its program
> through a Chicago server, took payment through a Washington
> state firm, sold the software to U.S. customers, promoted it
> at a Las Vegas conference, sought U.S. copyright protection
> and intended an effect in the U.S., they said.  Further, the
> prosecution comports with international law as a reasonable
> application of U.S. law in protection of the country''s
> territoriality and nationality, the filing said.

> Prosecutors also sought to rebut defense arguments that
> Elcomsoft had been charged improperly with conspiracy in a
> case involving only its programmer, Dmitry Sklyarov, who no
> longer is charged, and no one outside the company.  The
> indictment refers to unnamed co-conspirators.  The 9th U.S.
> Appeals Court, San Francisco, and others recognize the
> legitimacy of charging intracorporate conspiracies, the
> prosecutors said.  Contrary statements in First (Boston) and
> 10th (Denver) Appeals Courts opinions cited by the defense
> were merely dicta, prosecutors contend.

> The extraterritoriality and conspiracy issues are set for
> hearing March 4.  Prosecutors are scheduled to file within 2
> weeks responses to challenges to DMCA''s constitutionality.
> -- Louis Trager

vkatalov at elcomsoft.com

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