Blow to US digital piracy laws

The US government's copyright piracy legislation suffered an embarrassing blow when a court acquitted a Russian software company from criminal charges under the law.

A jury in San Jose threw out the charges against ElcomSoft on Tuesday, in the first test of the Digital Millennium Copyright Act (DMCA), designed to update US copyright laws to cover computer software and new digital formats.

The acquittal was greeted with delight by US civil rights advocates, who say the DMCA reduces an individual's "fair use" rights to copyrighted material such as music CDs, movie DVDs and electronic books.

The case attracted international attention last year when the FBI arrested Dmitry Sklyarov, a Russian programmer working for ElcomSoft, as he visited the US to attend a convention.

Criminal charges against Mr Sklyarov under the DMCA were later dropped in return for his testimony at the trial.

The jury rejected the prosecution's argument that a software programme, designed by ElcomSoft to get around security measures on an electronic text reader made by Adobe Systems, constituted piracy.

"The verdict sends a message to prosecutors who believe that tool makers should be thrown in jail just because a copyright owner doesn't like the tools," said Fred von Lohmann, a lawyer for the Electronic Frontier Foundation.

© Guardian News & Media 2008
Published: 12/19/2002
 
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