Update on Russian programmer Dmitry Sklyarov case

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Author: JT Smith

This is an update from the status conference for Dmitry Sklyarov and Elcomsoft held yesterday. As expected, the only issue discussed at the hearing was the setting of dates for pre-trial motions. The issues were divided into two categories: DMCA (possible claims are unconstitutionality including vagueness, First Amendment and lack of constitutional authority) and non-DMCA issues (possible issues are jurisdiction, a bill of particulars, and the conspiracy charge).

The non-DMCA dates are:

Jan. 14, 2002 the opening brief is due,
Feb. 11 the opposition (govt.) brief is due,
Feb. 25 Dmitry’s reply brief is due,
March 4, 2002, hearing.

The DMCA dates are:

Jan. 28 the opening briefs and amici are due,
March 4 the opposition (govt) brief is due,
March 18 the reply brief is due
April 1 hearing

Assuming the case is not dismissed because of the motions, there will be a hearing to set a trial date on April 15.

More information on US v. Sklyarov:
http://www.eff.org/IP/DMCA/US_v_Sklyarov/

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most-linked-to websites in the world at http://www.eff.org/