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ElcomSoft Files For Dismissal Of E-Book Case
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.
If you haven't heard much about this case, there's several sites about it here.
Getting it dismissed would be a shot in the arm for the anti-DMCA lobby, so my best wishes go with Elcomsoft.
Incidentally, though, this "blind people used e-book reader" argument seems a bit thin on the ground, for two reasons:
1) I've never seen any report of any case where a blind person actually used the software, and
2) I seem to recall they only sold about 50 copies before it got yanked.
Anybody got any information on whether it was used by blind people? (Not that that should be necessary for the sofware's legality, but it might help people understand the case better...)
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
an exceptionally good thing. Here is a clear cut case of the DCMA interfering with fair use. And as a bonus, that fair use isn't tainted by any piracy, mp3, ripping, warezing etc stigma.
:) )
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
OK, I'm guilty - I have tried ElcomSoft's E-Book processor. A client sent a PDF that was locked to the point where we couldn't even print it. They refused to send an unprotected copy, so I unprotected the one we had and printed the puppy. I was tempted to send them the printout but decided that getting paid would be better. : )
The real irony here is that a Russian company is effectively working to defend American freedoms against its own capitalistic forces. Should make for some pretty amusing classroom reading in about 100 years.
The little guy just ain't getting it, is he?
If they get a dismissal, then that means the DMCA will go unchallenged right?
The decision won't have precedent over any subsequent case?
The courts are playing with fire and I don't think they ever realize it. Right now, it's *illegal* to create media in Russia that cannot be copied (for personal use, of course). If ElcomSoft, a very small company that can't possibly offer anything of monetary value to the US, is convicted for violating US law, then I guarantee you there will be trials held in Russia with our very own software companies as the defendants. Adobe (and others) may not make a huge chunck of it's profit from Russian sales, but it can't be insignifigant either. Furthermore, allowing the trial to continue opens the doors for every banana republic and grudge bearing backwater country to start suing our companies for violating thier newly enacted laws.
"Your superior intellect is no match for our puny weapons!"
So then I take it that Amazon can be sued for selling the "Satanic Verses" to Iranian customers? I think the death penalty is still possible for that. And if that were to happen, and say a vice president of Amazon was executed because of it, there would be no outcry about "jurisdiction," because obviously you are bound by all of the laws in the homelands of all of your customers -- and any attempts to question jurisdiction would be "ridiculous".
More examples: In some countries certain religious books are illegal. Lets hope no executive from Barnes and Noble plans on making a vacation to Beijing. Also, those who provide anonymizers such as (now defunct) safeweb -- even for free -- could easily be arrested on a tourist trip to any number of exotic destinations. According to your logic, by providing a service to a foreigner, they are bound by his laws.
This is not meant as a flame, but really I think that these arguments apply (predominantly) in one direction -- when a foreign entity violates a US law. So we can kidnap foreign heads of state and try them for violating US drug laws. Or freeze the assets of foreign agencies by executive order and without legal recourse. Just try reversing the situation and watch what a legal uproar would erupt. All of suddenly you'll hear about sovereignty and how international norms trump local laws in certain cases.
Suddenly, the objection wont seem so ridiculous.
When in doubt, have a man come through a door with a gun in his hand.
Apparently Congressman Boucher (D-VA) thinks it's time for the DMCA to be rewritten.
Can't say I disagree with him one bit...