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Elcomsoft Case Proceeds; U.S. Claims Jurisdiction

An anonymous reader sent in this Reuters article noting that the Elcomsoft case will go forward. Elcomsoft had asserted that the United States didn't have jurisdiction. This is not really ground-breaking news; Elcomsoft did sell its software to people in the United States and it's not surprising that a U.S. court would claim jurisdiction over this. Elcomsoft is also claiming that enforcement of the DMCA violates the Constitutional right to free speech, and that the part of the DMCA which prohibits distributing devices which circumvent protection measures is so vague that enforcement of it violates the Constitutional right to due process under the Fifth Amendment. (See EFF's archive for more.) One or both of these claims may have a greater chance of success than the jurisdiction claim.

2 of 242 comments (clear)

  1. Scientologists use DMCA against Google by jukal · · Score: 0, Offtopic

    I spotted this on vnunet.com. clip:
    The Church of Scientology has forced Google to remove sites from its search engine using the controversial US Digital Millennium Copyright Act (DMCA). Lawyers representing the group, created by former science fiction writer L Ron Hubbard, used the DMCA to force Google to remove links to copyrighted material and has compared its actions to fighting terrorism.

    The whole article is here

    ps. simultaneously, this was my 11th rejected posting of 11 postings! - HOORAY!! :)

  2. First Post by Grue_Food · · Score: 0, Offtopic

    Sorry everyone, I just had to say it.