Sklyarov became the first person to be indicted under the DMCA. His arrest followed his presentation of a paper at a Las Vegas conference on 16th July which described, among other things, how to break the protection in Adobe’s e-book software, an act which is legal in Russia but illegal in the US under the DMCA. Adobe attendees notified the law enforcement authorities although the company subsequently agreed with popular opinion that charges against him should be dropped. Sklyarov, a 26 year-old PhD student of computer science, was released on bail but has not been allowed to leave the US. He will be allowed to return to Russia after concluding his deposition today.
Sklyarov’s employer, Moscow-based ElcomSoft, sold software called Advanced eBook Processor which could be used to disable copy-protected e-books. The deal with the Attorney’s Office requires Sklyarov to admit that he created the program and that its sole purpose is to decrypt e-books.
ElcomSoft still faces charges under the DMCA of selling and conspiring to sell technology in breach of the DMCA. Lawyers for the company claim that Sklyarov’s testimony could actually strengthen its defence and say they are confident of acquittal. The company said it is relieved that charges against Sklyarov have been dropped.