The Adobe System encrypts e-books so that they can only be read
on the specific computer from which the sale transaction was made.
This restriction on access to a purchased e-book is intended to
protect copyright interests, but Sklyarov’s Advanced eBook
Processor software enables access from any computer.
A statement from the US based Electronic Frontier Foundation
("EFF") claims that the charges against Sklyarov threaten
fundamental rights to free speech:
“Mr. Sklyarov is not accused of infringing
anyone’s copyrights. He is accused of building the Advanced eBook
Processor, a tool that allows the legitimate purchaser of an e-book
to translate it form one digital format into another (from Adobe’s
eBook format into Adobe’s Portable Document Format).”
The EFF’s argument against the arrest of Sklyarov attacks the
ambiguity of the DMCA and rests on the fact that a consumer using
the software to copy an e-book for personal use would not be
infringing any copyright interests. This “fair use” argument
implies that the software itself may be put to legitimate use and
so is not solely a tool for perpetrating copyright
infringements.
According to the Department of Justice, the maximum statutory
penalty that Sklyarov may face if he is found to have violated the
relevant provisions of the DMCA is a five year sentence and a
$500,000 fine. Skylarov is currently being detained following an
initial court appearance, but that no further dates have been set
for the case.
