error? (was RE: [Hague-jur-commercial-law] Jurisdiction, applicable law and DRM (WIPO)

[Chris Chiu]

>http://www.wipo.org/documents/en/meetings/2003/sccr/index_10.htm
>In /United States of America v. Elcom, Ltd./, discussed in Section=20
>3.2.2, a foreign national and a foreign company were indicted in the=20
>United States of America for violating the anti-trafficking provisions=20
>of Section 1201(b) when they created and distributed software that=20
>decrypted Adobe eBook security software. ... The corporate defendant =
was later
>convicted.

Wait a minute! Didn't the jury acquit Elcomsoft? See below.

Sincerely,
Christopher Chiu
Technology Policy Analyst
American Civil Liberties Union
125 Broad Street
New York NY 10004
USA
Phone: 212-549-2535=20
E-mail: cchiu@aclu.org

http://www.eff.org/IP/DMCA/US_v_Elcomsoft/20021217_eff_pr.html

For Immediate Release: Tuesday, December 17, 2002
Jury Acquits Elcomsoft in eBook Copyright Case
Dmitry Sklyarov Odyssey Leaves Prosecutor Empty-Handed
Electronic Frontier Foundation Media Release

San Francisco - The highly publicized case that began with the arrest of =
Russian programmer Dmitry Sklyarov today came to a close. A federal jury =
in San Jose today returned a verdict of not guilty on all counts in the =
criminal trial of Sklyarov's employer, a Russian software company called =
Elcomsoft Ltd. The case was the one of the first criminal cases to be =
brought under the Digital Millennium Copyright Act of 1998 ("DMCA").

"Today's jury verdict sends a strong message to federal prosecutors who =
believe that tool makers should be thrown in jail just because a =
copyright owner doesn't like the tools they build," said EFF Senior =
Intellectual Property Attorney Fred von Lohmann. "We have said from the =
beginning that Dmitry Sklyarov, Elcomsoft, and technologists like them =
are not pirates, and today a jury agreed."

The case began in July 16, 2001, when the FBI arrested Dmitry Sklyarov =
at the Defcon conference in Las Vegas. Sklyarov was the lead engineer on =
an Elcomsoft product known as the Advanced eBook Processor (AEBPR), =
which software giant Adobe Systems Inc. claimed was a "circumvention =
tool" prohibited by the DMCA. ...