In the first criminal trial under the US Digital Millennium
Copyright Act (DMCA), lawyers for the accused, Moscow-based
developers ElcomSoft, argued that the law blindly protects
copyright holders while ignoring rights of due process, fair use
and freedom of speech.
The DMCA forbids the cracking of anti-copying systems. The
controversial case had previously been targeted at one of
ElcomSoft’s software engineers, Dmitry Sklyarov. He was arrested
after demonstrating how to circumvent the anti-copying protection
in Adobe’s e-book software. Charges against Sklyarov were dropped.
A hearing in the case against his employers took place in the US
District Court for the Northern District of California on
Monday.
ElcomSoft wants Judge Ronald Whyte to dismiss the charges before
trial. According to legal journal The Recorder, ElcomSoft’s argued
that the law violates the First Amendment by making no provision
for fair uses of copyright material, such as making duplicates for
personal use. The Recorder described Judge Whyte’s reaction to the
argument as “receptive”.
The Elcomsoft case has become the latest focus in the debate
over digital rights protection. Assuming Judge Whyte does not
dismiss the case following Monday’s hearing, the full trial will
begin on 15th April.
