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ElcomSoft still in the line of fire
By Jon Newton, p2pnet.net
(more articles from this author)
2002-04-04
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Music Industry News - as it happens
Source: MusicDish - April 4, 2002

ElcomSoft, the Russian firm accused of violating the contentious 1998 Digital Millennium Copyright Act (DMCA) by selling online a program which let users by-pass e-book copyright protections, could still face fines of $2.25 million.

On April 2, in a bid to have the criminal charges dismissed, the company's lawyer, Joseph Burton, argued before US District Court Judge Ronald Whyte in San Jose, California, that no matter where the firm's Web site was, the activity was in the digital realm and therefore not within the jurisdiction of US courts.

But denying a motion to dismiss a lawsuit filed against ElcomSoft, Judge Whyte ruled that even though activity the occurred over the Net, the US still has jurisdiction.

"The conduct which underlies the indictment includes ElcomSoft's offering its AEBPR program for sale over the Internet, from a computer server physically located in the United States," the judge wrote according to an April 2 Reuters report. "Purchasers obtained copies of the program in the United States... Payments were directed to, and received by, an entity in the United States."


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