[Sussex] Dmitry is free, Elcom let off.

[Geoff Teale]

In case you didn't notice this yesterday!

Reposted from:
http://news.bbc.co.uk/1/hi/technology/2585661.stm

Copyright trial clears software firm

A US federal court has found a Russian software firm not guilty of creating
a program which cracks the security features of electronic book software. 
Moscow-based ElcomSoft was charged with violating the controversial 1998
Digital Millennium Copyright Act. 

However following a two-week trial in San Jose, California, a jury found
that the company had not wilfully violated the US law, which prohibits the
sale of software which can break digital locks on digitally formatted films,
music and other software. 

If convicted, the company could have been fined up to $2m. 

The case had been eagerly watched by entertainment and software companies,
which back the law, and by academics and free-speech advocates, who argue it
is too broad. 

Free Dmitry 

ElcomSoft was accused of selling online tools to circumvent technology used
by Adobe which was designed to stop anyone from making copies of electronic
books. 

The case had attracted widespread attention since July 2001, when the FBI
arrested an ElcomSoft programmer, Dmitry Sklyarov, during a Las Vegas
hackers' conference where he was speaking about the company's technology. 

At the time, both Mr Sklyarov and the company were charged under the DMCA. 

The arrest led to protests by free-speech groups and a "Free Dmitry"
campaign. The charges against Mr Sklyarov were dropped in exchange for his
testimony. 

The case was widely seen as the first real test of the US Government's
attempts to police copyright in a digital age of file-sharing over the
internet and CD-burning at home. 

Criminal intent? 

The Digital Millennium Copyright Act followed concerns from the
entertainment and software industry about the internet's impact on their
ability to prevent widespread computer piracy. 

Supporters of consumer rights and free speech say that criminal prosecutions
based on the DMCA could stop encryption research and other legitimate
activities. 

The prosecution alleged that ElcomSoft's software violated the law because
the company knew it was selling a product designed to skirt copyright
protections. 

-- 
GJT
geoff.teale at claybrook.co.uk




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