Pretrial Hearings in Sklyarov/ElcomSoft case to begin March 4, 2002
Defense lawyers will challenge DMCA, legal jurisdiction over Russian company

26 November 2001

After fading from the headlines for several months, the criminal case of the United States versus Dmitry Sklyarov and his ElcomSoft employers appears to be set for considerable attention in the coming months. At a federal court hearing today in San Jose, CA, attorneys representing the Moscow, Russia-based software programmer and company agreed with U.S. government prosecutors to file motions in the case. Pretrial hearings are slated to begin March 4.

According to Associated Press' reports, defense attorneys "intend to challenge aspects of the Digital Millennium Copyright Act (DMCA) and whether prosecutors here have jurisdiction" over the Russian defendants. The software at the heart of the criminal charges, which decrypts Adobe Systems' eBook security, was developed in Russia and marketed globally from the ElcomSoft Web site.

Sklyarov, arrested and charged in mid-July, remains free on bail in northern California, and must remain here until the case is resolved. His wife and two children came to the U.S. in early September to visit him and remain in the country.

Unless the case should be dismissed via a prior motion, a trial date is scheduled to be set at an April 15 hearing.

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