[DMCA]: Feds to Free Sklyarov
Emir
By Andrew Quinn
SAN FRANCISCO (Reuters) - The United States agreed on Thursday to
free Russian software programmer Dmitry Sklyarov in exchange for
testimony against his company about alleged violations of U.S.
copyright law, lawyers for both sides said.
Sklyarov, who has been at the center of a widely publicized case
involving free speech rights in cyberspace, will be able to return to
Russia once the government has completed deposing him, said his
defense attorney, John Keker.
Under the cooperative agreement, Sklyarov admitted to writing a
program that allowed for digital books to be copied and transferred
but did not plead guilty to any charges, said Assistant U.S. Attorney
Matt Jacobs.
The criminal charges against him will be dropped after he testifies
on behalf of the U.S. government and completes court-ordered
supervision for at least one year, Jacobs said.
Once in Russia, Sklyarov will be prohibited from violating any U.S.
copyright laws and will be required to phone in to a court officer in
the United States once a month, according to Jacobs.
Sklyarov was arrested in July after giving a presentation in Las
Vegas about software he had developed which allows people using Adobe
Systems Inc. (Nasdaq:ADBE - news) eBook Reader software to copy and
print digital books, transfer them to other computers and have the
computer read them aloud.
ACQUITTAL PREDICTED
Keker predicted that Sklyarov's testimony would lead to an acquittal
for his Moscow-based employer, ElcomSoft Co. Ltd.
`He wrote a program that showed that Adobe encryption was worthless
and a threat to all the copyright owners relying on Adobe software,''
said Keker. `This is the subject of his PhD thesis.
`The government may have a misunderstanding about what happened, and
the motivation,'' Keker added.
Prosecutors declined to comment on what value Sklyarov's testimony
would have to their case.
Sklyarov, who turns 27 on Dec. 18, and ElcomSoft were both charged
with selling and conspiring to sell technology designed to circumvent
the U.S. Digital Millennium Copyright Act, a law enacted last year
which bans the sale of technology that thwarts copyright protections
in computer and electronic programs.
Sklyarov, who was released on $50,000 bail, pleaded not guilty in
August and has been living in San Mateo, California, pending
resolution of his case, which had not been expected to go to trial
until June or later.
He faced up to 25 years in jail if convicted. His employer still
faces $2.25 million in fines if found guilty.
As the first person charged under the controversial DMCA, Sklyarov
quickly became a cause celebre among cyber-activists, who charge that
the new U.S. law is too broad and impedes software development.
Following his arrest, Russia warned computer experts of the dangers
of visiting the United States.
COMPANY WELCOMES DEAL
The deal, in the form of a `diversion agreement'' approved Thursday
by U.S. Federal Court Judge Ronald Whyte, will require Sklyarov to
testify in the trial of ElcomSoft -- a move defense lawyers say could
actually bolster the Russian company's case.
`ElcomSoft offered to take Dmitry's place and substitute the company
as the sole defendant in this case,'' Joe Burton, attorney for
ElcomSoft, said in a statement.
`The company knows that neither Dmitry nor they committed any
criminal acts and believes that in the end, they will be found
innocent of any and all charges the U.S. Government is bringing
against them,'' Burton said.
ElcomSoft Chief Executive Officer Alex Katalov welcomed the deal to
free Sklyarov, saying the programmer's welfare has been the company's
top priority.
`This decision actually liberates us from worrying about Dmitry going
to jail,'' Katalov said in a statement. `Now this risk is removed,
the company can pursue its own defense more aggressively.''
Sklyarov himself -- who has become an unlikely poster boy for free
speech activists around the globe -- said he was relieved that he and
his family could finally contemplate returning home.
`Until I'm in Russia, it is too early to say that I'm happy. But this
agreement looks like (the) first significant change in my situation
for last five months, (my) first real chance to get home,'' he said.
Sklyarov, who is currently completing his doctorate, is living with
his wife and two young children who joined him from Russia after his
release on bail.
Robin Gross, staff attorney for the Electronic Frontier Foundation,
said public pressure had led to the agreement.
`We are thrilled the government has finally realized that the public
does not support prosecution of this young man for writing
software,'' she said.
(Additional reporting by Elinor Mills Abreu in San Francisco)