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Case Analyses for Intellectual Property Law and New Media

Series:

Steven L. Baron, Edward Lee Lamoureux and Claire Stewart

This text is a companion to the 2 nd edition of Intellectual Property Law And New Media: Free for a Fee. Moving the coverage of case analysis to this separate volume, enables the authors to focus their attention on important trial and legal procedures that apply extant law to, largely, new circumstances.
Readers can focus on history and concepts while reading the main text, allowing them to bring understandings derived there to bear on the cases found in this analytic text. The approach offers relief from information overload and allows time and space to «shift gears» between concepts and cases. To aid understanding and learning, the authors provide focused interpretations and analysis throughout.
The coverage allows these books to serve as an excellent resource for undergraduates studying interactive media, as well as being a primer for first year IP law students, a handbook for entrepreneurs, a guidebook for general lawyers to assist in referrals, and an interesting read for those simply curious about the field.
The books are supplemented by freeforafee.com, a blog providing textual updates, online links to bibliographic materials, and extensive resource aggregation. Learning objectives for each chapter and a glossary of key terms are provided within the texts.
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Chapter Nine: Digital Rights Management Cases

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CHAPTER NINE

Digital Rights Management Cases



Cases Illustrating DRM

United States of America v. Elcomsoft Co., Ltd. and Dmitry Sklyarov, Case No. CR 01 20138 (N.D. Cal. 2002).

United States of America v. Elcomsoft Co., Ltd. and Dmitry Sklyarov was the first case that enacted criminal prosecution of a person under the DMCA. Sklyarov’s acquittal was largely based on the grounds that the DMCA’s provisions for DRM are confusing.

On July 16, 2001, a Russian programmer named Dmitry Sklyarov was arrested and charged with trafficking in circumvention software. Section 1204 of the DMCA defines criminal penalties for violation of sections 1201 and 1202, including no more than five years’ imprisonment for the first offense and up to ten years for any subsequent offense (17 U.S.C. § 1204(a)). Sklyarov, a PhD student employed by a Russian software company named ElcomSoft, wrote a piece of software he called the Advanced eBook Processor Program (AEBPR), which reformats eBooks to allow viewing with software other than the proprietary eBook software. Sklyarov came to Las Vegas to present at the hacker conference DEF CON but was arrested as he was leaving his hotel to return to the airport and home (Electronic Frontier Foundation, “United States v. Elcomsoft & Sklyarov FAQ”). ← 122 | 123 →

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