Moscow-based ElcomSoft has been charged under the DMCA for allegedly selling a computer program enabling users to copy and distribute electronic books, or e-books, by circumventing Adobe Systems' copyright protection locks. Under the DMCA, the dissemination of circumventing technology is a criminal offence.
The federal prosecutors claim that, despite being warned by Adobe, ElcomSoft sold at least 20 copies of the software in dispute for about $99 each. The software company, on the other hand, argues that it did not know its product was illegal and denies any intent to violate US copyright laws. Therefore, ElcomSoft alleges, the DMCA cannot apply since it requires that an illegal act is done wilfully.
The case began after Adobe informed the FBI of ElcomSoft's activities. Federal agents subsequently arrested Dmitri Sklyarov, an ElcomSoft programmer, at a Las Vegas conference where he was demonstrating the allegedly illegal software. The charges against Sklyarov were dropped when he agreed to testify against his employers.
The beginning of the trial was delayed for more than six weeks because the US State Department initially refused to issue a visa to Sklyarov. This has now been granted. Both he and ElcomSoft's CEO, Alex Katalov, are expected to testify at the trial.