[FYI] (Fwd) FC: Sklyarov, Elcomsoft plead not guilty to DMCA crimes

["Axel H Horns" <horns@ipjur.com>]

------- Forwarded message follows -------
Date sent:      	Thu, 30 Aug 2001 19:01:27 -0400
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: Sklyarov, Elcomsoft plead not guilty to DMCA crimes
Send reply to:  	declan@well.com

Wired News article on "not guilty" pleas:
http://www.wired.com/news/politics/0,1283,46396,00.html

Politech archive on U.S. v. Sklyarov:
http://www.politechbot.com/cgi-bin/politech.cgi?name=sklyarov

*********

Date: Thu, 30 Aug 2001 09:54:31 -0700
From: Paul Vogel <vogelcommpa@earthlink.net>
Subject: ElcomSoft President defends Dimitry Sklyarov

Alex Katalov and Joseph Burton asked me to forward his statement to
you, given your interest and coverage of Dmitry Sklyarov's arrest by
the FBI in July, and today's arraignments.

I have imbedded the statement in this e-mail, as well as attaching it
as a Word rtf file.

Thank you.

Paul Vogel






Contacts: Paul Vogel, 503/805-5139, 503/684-7219
Joseph M. Burton, Duane, Morris & Heckscher LLP
(415) 371-2214.
   For Immediate Release

ELCOMSOFT EXECUTIVE RESPONDS TO FEDERAL CHARGES AGAINST DMITRY
SKLYAROV

SAN FRANCISCO, Calif. (August 29, 2001) ? After federal charges were
brought against his company and one of his employees on Tuesday, Alex
Katalov, president of ElcomSoft Co. Ltd., responded saying, "I am
saddened by the Justice Department's treatment of my employee and
friend, Dmitry Sklyarov. This is a very unfortunate and misguided
attempt to enforce the Digital Millennium Copyright Act (DMCA).  It
appears that the Justice Department is looking for its first test case
under the DMCA, but they have mistakenly singled out an individual,
simply for developing a program." Sklyarov was originally arrested at
a computer and Internet conference in Las Vegas on July 16th,  after
he delivered a presentation. "My top concern is for Dmitry, his
future, and that of his young family," Katalov said. "Dmitry has been
detained in San Francisco for a month and is unable to return to his
home.  ElcomSoft did not violate the letter or the intent of the DMCA,
which we will prove in due time. Dmitry should not be made some sort
of example." Sklyarov's Attorney, Joseph M. Burton of Duane Morris in
San Francisco, said, "The government wants you to think this is about
copyright infringement and enforcing the DMCA. It's not."  Burton
asserted that ElcomSoft and Sklyarov will refute the Justice
Department's allegations.  "According to the indictment this situation
existed for a sum total of 25 days. This hardly would seem to merit
criminal prosecution," Burton added. In their arrest of Dmitry
Sklyarov, the government apparently thought they had a rogue
cyber-pirate or "hacker."  Ironically, ElcomSoft and the government
have in the past and continue to work hand-in-hand to fight crime. 
ElcomSoft Co. Ltd., is a ten-year old company that develops software
to recover computer passwords and provide computer security. 
ElcomSoft also helps identify, trace and shut down hackers, software
pirates and cyber-thieves. Their software and consulting services are
used in over 80 countries and by U.S law enforcement agencies from the
FBI to county sheriffs and local police departments. The DMCA exists
to prosecute those who have no regard for property and intellectual
property rights. "ElcomSoft is the exact opposite of those kinds of
people," Katalov stated.  "We have worked for so long and so closely
with law enforcement in this country, you can imagine our surprise
that the Justice Department thinks we are criminals.  We hope
ElcomSoft will have the opportunity to make our case in U.S. courts."
ElcomSoft, (www.elcomsoft.com) is headquartered in Moscow, with
approximately 20 employees. Its Password Recovery Kit software is sold
and licensed to a majority of Fortune 500 companies and major
accounting firm in the U.S., as well as U.S. military, intelligence
and law enforcement agencies throughout the country.

# # #


Alexander Katalov also pointed out that in response to numerous
inquiries, a defense fund has been established.  Those interested in
contributing to Sklyarov's defense fund should make donations by wire
to:

First Union National Bank
Philadelphia, PA
ABA #031201467
Account #: 2000104359781
Account Name: Duane, Morris & Heckscher LLP Escrow Account

Contributors MUST reference "The Dmitri Defense Fund - R0247-2" on all
incoming wires.

Donations by Check should be sent to the following address:

The Dmitri Defense Fund
c/o Duane, Morris & Heckscher LLP
100 Spear Street, Suite 1500
San Francisco, California 94105
USA

Checks must be payable to "DMH Escrow Agent for Dmitri Defense Fund"




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