April 2, 2002 3:50 AM PST
Judge tosses one ElcomSoft motion
A federal judge has denied one motion to dismiss a lawsuit that alleges a Russian company violated the Digital Millennium Copyright Act (DMCA). ElcomSoft is accused of selling online a program that allowed people to circumvent copyright protections in electronic books. An attorney for the company had argued that because the conduct occurred over the Internet, the U.S. court didn't have jurisdiction. But U.S. District Court Judge Ronald Whyte said that although the activity transpired over the Internet there was sufficient conduct occurring within the United States for his court to rule.
On Monday, lawyers for both sides presented their arguments before the judge on two other motions to dismiss. Defense lawyers contend that the DMCA is overly vague and violates ElcomSoft's constitutional rights to free speech.
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