ZDNet UK / News and Analysis / Application Development

Russians to be tried under DMCA

By Evan Hansen, CNET News, 9 May, 2002 14:02

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

Topics

Software, Adobe, US, DMCA, Digital Millennium Copyright Act, ebook, elcomsoft, encryption cracking, Russia

NEWS
A US federal judge on Wednesday denied a motion to dismiss criminal charges against a Russian software company accused of selling a product designed to break anti-copying technology. US District Judge Ronald Whyte found that the Digital Millennium Copyright Act (DMCA) does not violate Elcomsoft's due process and free speech rights. The decision clears the way for a trial in the closely watched case -- believed to be the first criminal prosecution under the contentious law. Attorneys for the software maker had argued that the law is overly vague and undercuts copying legally protected as "fair use," among other things. Joining other courts upholding the law, Whyte rejected those arguments in a 35-page decision. "Congress was concerned with promoting electronic commerce while protecting the rights of copyright owners, particularly in the digital age where near exact copies of protected works can be made at virtually no cost and distributed instantaneously on a worldwide basis," he wrote. The DMCA has been at ground zero of the burgeoning clash over copyrighted material and the easy copying and distribution of books, songs and music on the Internet. Enacted in 1998, the law was a compromise between copyright owners and telecommunications companies seeking freedom from liability over acts of online piracy. The act included provisions making it illegal to traffic in tools that crack encryption and other anti-copying controls. Those prohibitions have raised an outcry among software programmers who worry the law could be used to bar legitimate research into encryption technology and other development efforts. Despite legal challenges, the courts have so far given the law a largely sympathetic hearing. Wednesday's decision follows a similar decision from a federal appeals court last year barring Web publisher Eric Corley from including hyperlinks on his site to a software program known as DeCSS that can be used to crack DVD encryption. The case stems from an investigation into charges that the company had created a product aimed at cracking the encryption on Adobe Systems' eBooks software. The case orginally targeted Elcomsoft employee Dmitry Sklyaroff, but those charges were later dropped in exchange for his testimony. Lawyers arguing on behalf of Elcomsoft expressed disappointment in Wednesday's decision, saying the ruling could dramatically weaken the right of consumers to engage in fair use, or legal copying of copyrighted works. "The problem is we live in a world where copyright holders are increasingly turning to encryption and other locks that prevent people from copying at all," said Robin Gross, an attorney for the Electronic Frontier Foundation, a group that has filed a court brief on behalf of Elcomsoft. The ruling "doesn't square with a digital world in which copyright holders preclude people from engaging in behaviour that fair use is intended to provide for," Gross said. The US Attorney's office declined to comment on the ruling. Joe Burton, the attorney representing Elcomsoft could not immediately be reached for comment. A hearing has been set for 20 May to set a trial schedule in the case.
ZDNet UK's Developer News Section delivers the latest headlines together with the best UK jobs, right to your browser. Have your say on all developer topics. From j2ee, to C++, from Visual Basic to Javascript plus much more. Share your experience with others on the Developers Forum. Let the editors know what you think in the Mailroom.

Related stories

Dmitry lawyers push for plea bargain

Dmitry employer on copyright crusade

US lawmakers reject changes to digital copyright law

Perens: Linux could learn from Apple

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

48 minutes ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

3 hours ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

3 hours ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

4 hours ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

5 hours ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint
bdantas

Excellent article. One small correction, though--although a fresh installation of Linux Mint 12 will, indeed, provide the user with a version of...

6 hours ago by bdantas on A tale of two distros: Ubuntu and Linux Mint
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

6 hours ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Alan Ralph

In related news, the ISPs club together to get the members of the Home Affairs Select Committee (ya goofed on that part, ZDNet UK) copies of "The...

6 hours ago by Alan Ralph via Facebook on MPs urge ISPs to take down terrorist material
Moley

For Gnome 2 die-hards, it is possible to add icons to the bottom panel (or top top panel, if you prefer) which provide the exact Gnome 2...

7 hours ago by Moley on A tale of two distros: Ubuntu and Linux Mint
ramwellian

Your comments would seem pretty naive and immature. Your 'solution' appears to be, "gee, let's all just give in to the hackers and give them...

7 hours ago by ramwellian on Cloud computing security: no more oxymoron?
BugStalker

"Interesting thought ... If you installed Win7 as a dual boot on a machine that previously only had Linux, and it wrecked your Linux installation,...

8 hours ago by BugStalker on Windows 7 Declares War on GRUB
whs001

This is an excellent summary of Ubuntu and Mint and the interface differences between them. Most such articles take a very partisan position for...

8 hours ago by whs001 on A tale of two distros: Ubuntu and Linux Mint
Moley

@ewallace. Not so clear. Anyone can obtain the text, for example from here http://www.ustr.gov/webfm_send/2379. I support ACTA so long as it and...

8 hours ago by Moley on ACTA: Facts, misconceptions and questions
45283

I think WinRT is fantastic. I just wish it was an option for people that didn't want to go through Microsoft's App Store with its attendant...

11 hours ago by 45283 on Why Windows 8 needs architectural hygiene for WOA
Burn-IT

Nine people? £30m? Who's back pocket is that lot going in? And IF they say it is for new buildings, what about all the ones the government has...

12 hours ago by Burn-IT on Police set to launch three £30m e-crime hubs
ewallace

Just to be clear, nobody knows what is in the text of ACTA, here is a photograph of the text of ACTA http://twitpic.com/8h9iju as submitted to the...

12 hours ago by ewallace on ACTA: Facts, misconceptions and questions
fgvrg56

Unfortunately main issue is that ASUS is refusing to accept that they make some mistake on this version of asus Transformer prime. 1 - GPS sensor...

14 hours ago by fgvrg56 on Asus Eee Pad Transformer Prime Wi-Fi & GPS problems?
Ben Woods

@Marcus A fair question. Just talked with Archos which said it was working on an announcement for next week....

15 hours ago by Ben Woods on Archos confirms G9 Ice Cream Sandwich update schedule
Marcus Karlsson

Any update on this, considering the claimed "first week of February"?

16 hours ago by Marcus Karlsson via Facebook on Archos confirms G9 Ice Cream Sandwich update schedule
apexwm

Bill Goodrich : Just as al_langevin pointed out, with Windows Server 2008 there is no Services for Macintosh anymore. It's gone, not available....

1 day ago by apexwm on Windows Server 2008 drops the ball for Mac compatibility

Latest in Application Development

Perens: Linux could learn from Apple

Featured white papers

10 safety tips for business in 2012

Symantec.cloud

10 safety tips for business in 2012

From cloud computing to remote working, your business should consider these ways to keep your business secure as traditional IT... Read more

Deliver easy email search, storage and retrieval systems

Symantec.cloud

Deliver easy email search, storage and retrieval systems

Are you storing up trouble? There is a better way to manage corporate email storage on every level, for every size and type of... Read more

Defining your data demands in simple steps

Symantec.cloud

Defining your data demands in simple steps

Data growth provides vital resources for your business, and you can manage its enormity through some simple... Read more

Inside ZDNet UK

A tale of two distros: Ubuntu and Linux Mint

A tale of two distros: Ubuntu and Linux Mint

2012 Predictions: VCE FastPath, VI SAN Probe & Hadoop

2012 Predictions: VCE FastPath, VI SAN Probe & Hadoop

BlackBerry Bold 9790

BlackBerry Bold 9790

Case study: How cloud enables growth

Case study: How cloud enables growth

Ten factors that make Ubuntu 11.10 a hit

Ten factors that make Ubuntu 11.10 a hit

Toshiba Portégé Z830-10P Review

Toshiba Portégé Z830-10P Review

BT's archive: Pictures from the vault

BT's archive: Pictures from the vault