Elcomsoft Files Motion to Dismiss

Posted by michael on Wednesday January 16, 2002 @06:55AM from the good-to-the-last-brief dept.

copyfight writes: "Elcomsoft filed a Motion to Dismiss for Lack of Jurisdiction and a Motion to Dismiss the Conspiracy charge. Elcomsoft is Dmitry Sklyarov's Moscow employer who developed the software that defeated Adobe E-book copyright management protections. You can read the motions that were just posted at EFF. Essentially, they are arguing that the US has no jurisdiction because Elcomsoft loaded the software into "cyberspace," not the US. Also, they are arguing that Congress did not specifically intend to have the DMCA apply extraterritorially. The US can only have jurisdiction outside of its borders if Congress explicitly (and in some circumstances - implicitly) intends for the law to reach activity beyond its borders, as with terrorism and drugs. They also argued that there can not be a criminal conspiracy between an employer and employee and that Count 1 of the indictment should be thrown out."

1 of 13 comments (clear)

Min score:

Reason:

Sort:

Avoid DMCA jurisdiction overseas by wpriii · 2002-01-16 08:15 · Score: 2, Informative

Here is an article that non-US /. readers might find interesting at http://www.denmarket.dk/cyberlaw/non-us.htm - it explains the Elcomsoft federal indictment, and poses some specific suggestions on how non-US software developers can avoid triggering US jurisdiction in "cyberspace."