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Dmitry Skylarov Charged By Grand Jury Under DMCA

Thursday, August 30, 2001


By Applelinks Contributing Editor Charles W. Moore

A United States grand jury yesterday indicted the Russian software company Elcomsoft along with previously jailed programmer Dmitry Sklyarov on charges of trafficking and conspiracy to traffic in a copyright circumvention device.

ElcomSoft sold a $99 computer program, called Advanced eBook Processor, on its Web site for about a month before pulling it in June after Adobe complained. The company claims the program is legal in Russia.

Dmitry Sklyarov, 26, a married father with two small children, and ElcomSoft were named in a five-count indictment filed in San Jose federal district court, charged with selling and conspiracy to sell technology designed to circumvent the controversial new U.S. Digital Millennium Copyright Act (DMCA), which bans the sale of technology that can allow people to thwart copyright protections in computer and electronic programs. Sklyarov is the first person to be prosecuted under the DMCA.

Since the grand jury handed down a five-count indictment, Sklyarov -- who is out of custody on $50,000 bail -- could face a prison term of up to twenty-five years and a US $2,250,000 fine. As a corporation, Elcomsoft faces a potential US $2,500,000 fine.

"We have been hearing from many people about lawful uses of Elcomsoft's computer program," explained Cindy Cohn, http://www.eff.org/ Electronic Frontier Foundation Legal Director. "It's outrageous that the unconstitutional Digital Millennium Copyright Act (DMCA) could put this young man away for much of the rest of his life."

You're telling me! One would have thought that the dogged dopes in the Bush Justice Department might have got the message when Adobe, which apparently launched the original complaint against Skylarov, decided to drop the issue and publically called for Skylarov. Maybe the Bushies are really as dumb and vindictive as their detractors suggest. The DMCA is simply a bad and unjust piece of lawmaking, and what really needs to be done is to fast-track its repeal, not maliciously prosecute this young man.

"We were hoping that the government would see the wisdom and justice in not pursuing a case against Sklyarov," said his attorney, Joseph M. Burton of Duane Morris in San Francisco. "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 and his attorneys will appear at an arraignment scheduled for 9:30 AM Pacific time today, with US Magistrate Judge Richard Seeborg presiding, in courtroom 4, 5th floor of the Federal District Court for the Northern District of California, San Jose Branch, 280 South 1st Street, in San Jose, California.

And the doofuses in government and the recording and movie industries wonder why people have increasing contempt for copyright laws.....

This is a good time to contact your elected representatives in Congress and the Senate and demand that they get behind the Free Dmitry movement.

Observers plan to attend the arraignment and nonviolent protests are scheduled in Moscow (Russia), London (England), Boston, San Francisco, Los Angeles, and Black Rock City, Nevada.

Directions and map to San Jose Federal Building here

Background on the Sklyarov case:
http://www.eff.org/IP/DMCA/US_v_Sklyarov/

Calendar of protests related to the Sklyarov case:
http://freesklyarov.org/calendar/


Charles W. Moore

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