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Dmitry Sklyarov

U.S. v. ElcomSoft and Dmitry Sklyarov
Court U.S. District Court for the Northern District of California, San Jose Division
Full case name United States of America versus Elcom Ltd., also known as ElcomSoft Co. Ltd., and Dmitry Sklyarov
Decided ElcomSoft acquitted by a federal jury on December 17, 2002
Case history
Prior action(s) Dmitry Sklyarov dropped from prosecution in exchange for agreeing to testify and to leave the U.S.

United States v. ElcomSoft and Dmitry Sklyarov was a 2001–2002 criminal case in which Dmitry Sklyarov and his employer ElcomSoft were charged with alleged violation of the DMCA. The case raised some concerns of civil rights and legal process in the United States, and ended in the charges against Sklyarov dropped and Elcomsoft ruled not guilty under the applicable jurisdiction.

Charges laid in the case were trafficking in, and offering to the public, a software program that could circumvent technological protections on copyrighted material, in violation of Section 1201(b)(1)(A)&(C) of Title 17 of the United States Code (the Copyright Acts, including most of the Digital Millennium Copyright Act), as well as Sections 2 (Aiding and Abetting) and 371 (Conspiracy) of Title 18, Part I, of the United States Code (the Federal Criminal Code).

Dmitry Sklyarov, a Russian citizen employed by the Russian company ElcomSoft visited the United States to give a presentation called "eBook's Security – Theory and Practice" at the DEF CON convention in Las Vegas, Nevada. On July 16, 2001, as he was about to return to Moscow, Sklyarov was arrested by the FBI and jailed for allegedly violating the United States' Digital Millennium Copyright Act (of 1998) by writing ElcomSoft's Advanced eBook Processor software.


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