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ElcomSoft Files For Dismissal Of E-Book Case

Posted by timothy on from the standard-procedure dept.

EconomyGuy writes: "ElcomSoft, the Russian software company accused of such evils as producing software to enable the blind to read legally obtained e-books, has filed for a dismissal of the charge that they violated the DMCA. Their main arguments seem to be what we anyone would expect: the DMCA is too vague, copyright holders have too much power, infringement of 1st amendment rights. CNN has all the details, as well as news.com. Interesting to note that there is no mention of the 'we didn't violate Russian law' argument." The efforts to get the case dismissed will no doubt continue.

12 of 286 comments (clear)

  1. Background Info by tiltowait · · Score: 5, Informative

    If you haven't heard much about this case, there's several sites about it here.

    1. Re:Background Info by dgreenwood · · Score: 2, Informative

      Dmitry Sklyarov's "Motion to Dismiss Indictment for Violation of Due Process" filed Jan 28.

  2. Russian Law by Moridineas · · Score: 4, Informative
    Interesting to note that there is no mention of the 'we didn't violate Russian law' argument."

    I don't see that as interesting because it couldn't possibly be construed as a legal argument, or logical in the slightest for that matter. If you are in the US, you obey US laws. If you sell a product in the US, your product conforms to US laws. Saying "we didn't violate Russian law" would be like opening a windows shopping brothel in Time Square and saying "we didn't violate the law in Amsterdam!" Ridiculous!

    Scott

    1. Re:Russian Law by Dark+Paladin · · Score: 2, Informative

      Except for one thing:

      The product (to the best of my knowledge) was only sold in Russia.

      This is equivalant to someone from the country Mary Jane where the wacky tobaccy is legal. When they enter the US - not carrying the product, mind you - to talk about the benefits of marijuana (or however you spell it) at a medical convention, the DEA shows up at the convention and takes them to jail.

      Same story, only the difference is that it was about ebooks, not drugs.

      And anybody's who's going to split hairs, it's a damn anology, so shut the fuck up unless you have a good counter argument.

      --
      52 Weeks, 52 Religions with John Hummel
    2. Re:Russian Law by Tenebrious1 · · Score: 3, Informative

      Jurisdiction in this case is tricky. Elcomsoft never "sold" the product in the US. They did have a US company called Regnow sell keys, which the buyer would then use to unlock the software.

      To determine jurisdiction, the courts will have to decide exactly how much of a connection there was between any alleged US buyer and Elcomsoft. The technicalities are beyond me, but that's the basic gist.

      More info here..

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
  3. Re:This is... by Moridineas · · Score: 3, Informative
    There will come a day when nobody but eccentrics and bibliophiles will read normal books. Everything will be digital. If this case were to succeed, the US government would condem the blind people of the world to illiteracy. (Note to lawyers : feel free to use my comment in your closing arguments :) )

    Well, I think you're terribly wrong about this. For one, I think books will be around forever. There are still some serious issues to deal with, that I don't think will all be resolved within our lifetime (I am a college student ;)

    And as for your comment about blind people being condemned to illiteracy, that is just so hysterical it's not even funny. How do you think blind people use computers today?? The reason that ebook readers (hardware, not computer software) haven't been made for blind people is because the overall demand for ebooks is so tiny that the blind market would be so miniscule as to matter not at all. There are a lot of other issues to resolve with ebooks before worrying about special cases like this.

    Scott

  4. A recent interview with Sklyarov... by The+Slashdolt · · Score: 3, Informative

    Can be found here. In the article, Sklyarov comments about copyright laws, the prison system and about his background.

    --
    mp3's are only for those with bad memories
  5. A Basic Misunderstanding by Jim+Tyre · · Score: 3, Informative
    Reading the comments so far, there seems to be a basic misunderstanding of what is happening in the case. Awhile ago, the judge set a briefing schedule for briefs on different issues. Yesterday, ElcomSoft filed two briefs, but that filing comes after the two briefs which it filed on January 14, including one which specifically raises the issue of ElcomSoft being a Russian company.

    These briefs raise issues in the alternative: If ElcomSoft loses on one, it preserves the right to argue the other, but it hasn't given up the right to pursue any viable legal theory.

  6. More We-Didn't-Violate-Russian-Law : Cyberspace by Seth+Finkelstein · · Score: 3, Informative
    This part of the Elcomsoft Motion to Dismiss for Lack of Jurisdiction is particulary interesting (emphasis added):
    This motion presents an issue of first impression - may section 1201 of the Digital Millenium Copyright Act ("DMCA") be applied to a foreign corporation for conduct allegedly within its purview, but which occurred entirely on the Internet in cyberspace. We believe that law and logic compels the court to conclude that it may not be so applied. Elcomsoft believes and asserts that because of the unique nature of the Internet, it's alleged conduct, which only took place on and by means of the Internet occurred outside of the territorial jurisdiction United States. That is, it was extraterritorial in nature.

    Sig: What Happened To The Censorware Project (censorware.org)

  7. On a related note... by pjl5602 · · Score: 4, Informative

    Apparently Congressman Boucher (D-VA) thinks it's time for the DMCA to be rewritten.

    Can't say I disagree with him one bit...

  8. Open international market by ehiris · · Score: 2, Informative

    "Enable the blind to read legally obtained e-books"

    The concept is fantastic and elcom soft would have a open market all over the world for this product if they win the case.

    It would really help for them to win otherwise blind people would have to use illegal instruments to be able to read books and they could all go to jail.

    Maybe the American Foundation for the Blind would have to say something about this and make the case stronger because after all every seven minutes somebody in America will become blind or visually impaired.

  9. Re:Good! by Prior+Restraint · · Score: 2, Informative

    ...it's a "substantial non-infringing use" which is, iirc, what got the VHS people off,...

    That's pretty much correct, except it was the Beta people (Sony), not VHS (JVC).