29 August 2001.
Source: Dmitry Sklyarov defense team.

FOR IMMEDIATE RELEASE

Tuesday, August 28, 2001

GOVERNMENT REFUSES TO DROP CONTROVERSIAL CHARGES AGAINST DMITRY SKLYAROV AND INDICTS RUSSIAN PROGRAMMER

San Jose, California -- The government took another step forward Tuesday in the controversial case against 26 year-old Russian software programmer Dmitry Sklyarov by indicting Sklyarov and his Moscow-based employer, ElcomSoft Co. Ltd., for alleged violations of the Digital Millennium Copyright Act ("DMCA"). Sklyarov will appear for arraignment on Thursday, at 9:30 a.m., in Federal Court in San Jose.

"We were hopeful that the government would see the wisdom and justice in not pursuing a case against Sklyarov," said Sklyarov's attorney, Joseph M. Burton of Duane Morris in San Francisco, California. "Even if one were to ignore the serious legal questions involving the DMCA, this case hardly cries out for criminal prosecution. Sklyarov's and Elcomsoft's actions are not conduct that Congress intended to criminalize. We will vigorously contest these charges."

Sklyarov spent 21 days in jail following his July 16, 2001 arrest in Las Vegas, Nevada, where he was delivering a lecture on electronic book security. The government arrested Sklyarov because his company allegedly trafficked in software that circumvented copyright security on Adobe electronic book software. Adobe has publicly stated that it does not support the prosecution of Sklyarov.

Sklyarov has not been able to travel outside of Northern California since he was released on bail on August 6, 2001. "Now, that the government has decided to move forward with the prosecution, it is important that Dmitry be reunited with his family so that they can support each other through this ordeal," Burton stated. Emergency visa applications for Sklyarov's wife, 2 year-old son, and four-month old daughter have been filed with the United States Embassy in Moscow by Sklyarov's attorneys. "We are working to get the family here for the arraignment on Thursday," added Burton.

Sklyarov's arrest sparked protests in dozens of U.S. cities and abroad and has raised the stakes in the on-going debate of how to protect copyrighted works published in electronic format.

In response to numerous inquiries, a defense fund has been established. Those interested in contributing to Sklyarov's defense fund can obtain information on where to contribute at www.elcomsoft.com/aebpr.html.