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.