Contact Us Today! (877) 276-5084

Attorney Steve® Blog

DMCA criminal copyright infringement case fails in ElcomSoft prosecution

Posted by Steve Vondran | Apr 08, 2018 | 0 Comments

DMCA Criminal Law Provisions – Circumvention of Access Control Protection Measures

Dmca take down notice process 1024x645

Introduction

Software company ElcomSoft sold a piece of software known as the Advanced eBook Processor.

The tool as marketed a “password retriever” but Adobe claimed it was a tool for circumventing password protection of eBooks, and therefore was a CRIMINAL violation of copyright access controls (we have talked about civil liability under the DMCA section 1201).  The software allowed users to open Adobe eBooks for free.  Adobe alleged this was willful prosecution a a case was filed seeking a jury trial in San Jose, California.  Some free speech proponents did not like the case bering filed in the first place arguing that the government was doing Adobe's work for them (which if at all should have been a case limited to civil liability and not criminal).  The jury ultimately found the Defendant NOT GUILTY and that there was no willful infringement of the DMCA.   Many heralded this as a big win for companies and programmers who design cutting edge product that can serve legitimate purposes.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact us for an initial consultation!

For more information, or to discuss your case or our experience and qualifications please contact us at (877) 276-5084. Please note that our firm does not represent you unless and until a written retainer agreement is signed, and any applicable legal fees are paid. All initial conversations are general in nature. Free consultations are limited to time and availability of counsel and will depend on the type of case you are calling about (no free consultations for other lawyers). All users and potential clients are bound by our Terms of Use Policies. We look forward to working with you!

Menu