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.

MORE INFO

• "Russian Man Charged in California under Digital Millenium Copyright Act with Circumventing Adobe eBook Reader" (July 17, 2001)

• "First Indictment Under Digital Millennium Copyright Act Returned Against Russian National, Company, in San Jose, California" (August 28, 2001)

• "ElcomSoft bows out of Nov. 22 Black Hat presentation on eBook security, awaits pre-trial hearing"

• ElcomSoft will not Present at Europe 2001's Black Hat Event in Amsterdam [PDF: 84kb]

• Deja Vu II: ElcomSoft's controversial eBook Security presentation
  Alex Katalov slated to offer updated version at Black Hat/Amsterdam in November

• "Steal This Session: The Digital Millennium Copyright Act Great Debate"
  Transcript of panel session held during the Seybold San Francisco 2001 conference

• ElcomSoft, Sklyarov court hearings delayed until Nov. 26
  Legal teams expanded; John W. Keker to represent Sklyarov

• Now Showing: Dmitry Sklyarov's Las Vegas Gamble
  Russian programmer's DEF CON Nine presentation available on videotape

• DMCA Essential to E-Commerce Future
  AAP 'very surprised when Adobe decided to withdraw their complaint against the Russian'

• AAP issues apology for inaccurate comment on FileOpen Systems
  Cites misreading of TIME magazine article on ElcomSoft/Sklyarov case

• Planet eBook's comprehensive index of ElcomSoft/Sklyarov news coverage