Dmitry Sklyarov
Encyclopedia
Dmitry Vitalevich Sklyarov (Дми́трий Вита́льевич Скля́ров) (born December 18, 1974) is a Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

n computer programmer known for his 2001 arrest by American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 law enforcement over software copyright
Software copyright
Software copyright is the extension of copyright law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software...

 restrictions under the DMCA
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...

 anti-circumvention
Anti-circumvention
Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow...

 provision. He is also known for his work showing the vulnerabilities in Canon Authenticity Verification, which was used to determine the authenticity of photos by encrypting photo's EXIF data.

Arrest

Sklyarov was a PhD student researching cryptanalysis
Cryptanalysis
Cryptanalysis is the study of methods for obtaining the meaning of encrypted information, without access to the secret information that is normally required to do so. Typically, this involves knowing how the system works and finding a secret key...

 and an employee of the Russian software company ElcomSoft
ElcomSoft
ElcomSoft is a Russian computer software company specializing in computer security and data recovery applications. Popular products include their eBook processing and password recovery software supporting many of Microsoft's products. ElcomSoft is also a co-founder of the Independent Software...

, where he created "The Advanced eBook Processor" (AEBR) software. On July 16, 2001, due to a complaint from Adobe Systems
Adobe Systems
Adobe Systems Incorporated is an American computer software company founded in 1982 and headquartered in San Jose, California, United States...

, a US company, that copy protection
Copy protection
Copy protection, also known as content protection, copy obstruction, copy prevention and copy restriction, refer to techniques used for preventing the reproduction of software, films, music, and other media, usually for copyright reasons.- Terminology :Media corporations have always used the term...

 arrangements in its e-book
E-book
An electronic book is a book-length publication in digital form, consisting of text, images, or both, and produced on, published through, and readable on computers or other electronic devices. Sometimes the equivalent of a conventional printed book, e-books can also be born digital...

 file format were being violated by ElcomSoft's product, Sklyarov was arrested after giving a presentation called "eBook's Security - Theory and Practice" at the DEF CON convention in Las Vegas, Nevada
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...

. He was charged with distributing a product designed to circumvent copyright protection measures, under the terms of the Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...

 and arrested by the FBI as he was about to return to Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...

.

The day after his arrest several web sites and mailing lists were started to organize protests against his arrest, many of them under the slogan "Free Dmitry" or "Free Sklyarov". The main point of these campaigns was that no DMCA violations were committed at DEF CON, and the DMCA does not apply in Russia, so Sklyarov was being arrested for something that was perfectly legal in his jurisdiction. A campaign to boycott Adobe
Adobe Systems
Adobe Systems Incorporated is an American computer software company founded in 1982 and headquartered in San Jose, California, United States...

 products was also launched.

On July 19, 2001, the Association of American Publishers
Association of American Publishers
The Association of American Publishers is the national trade association of the American book publishing industry. AAP has more than 300 members, including most of the major commercial publishers in the United States, as well as smaller and non-profit publishers, university presses and scholarly...

 issued a press release announcing their support of his arrest. Adobe initially supported the arrest, but after a meeting with the Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...

, they issued a joint press release on July 23, 2001, recommending his release. However, Adobe still supports the case against ElcomSoft.

After Sklyarov was arrested he was held briefly in a local jail in Las Vegas
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...

; then he was held in the Oklahoma City
Oklahoma City, Oklahoma
Oklahoma City is the capital and the largest city in the state of Oklahoma. The county seat of Oklahoma County, the city ranks 31st among United States cities in population. The city's population, from the 2010 census, was 579,999, with a metro-area population of 1,252,987 . In 2010, the Oklahoma...

 Federal Prisoner Transfer Center until August 3, 2001, when he was transferred to the Federal building in San Jose, California
San Jose, California
San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...

. On August 6, 2001, Sklyarov was released on a US $50,000 bail and was not allowed to leave Northern California
Northern California
Northern California is the northern portion of the U.S. state of California. The San Francisco Bay Area , and Sacramento as well as its metropolitan area are the main population centers...

. The charges against Sklyarov were later dropped in exchange for his testimony. He was allowed to return to Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

 on December 13, 2001. On December 18, 2002 following a two-week trial in San Jose, California, a jury found that Elcomsoft had not wilfully violated the U.S. law.

See also

  • Fair use
    Fair use
    Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...


Dmitry Vitalevich Sklyarov (Дми́трий Вита́льевич Скля́ров) (born December 18, 1974) is a Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

n computer programmer known for his 2001 arrest by American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 law enforcement over software copyright
Software copyright
Software copyright is the extension of copyright law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software...

 restrictions under the DMCA
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...

 anti-circumvention
Anti-circumvention
Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow...

 provision. He is also known for his work showing the vulnerabilities in Canon Authenticity Verification, which was used to determine the authenticity of photos by encrypting photo's EXIF data.

Arrest

Sklyarov was a PhD student researching cryptanalysis
Cryptanalysis
Cryptanalysis is the study of methods for obtaining the meaning of encrypted information, without access to the secret information that is normally required to do so. Typically, this involves knowing how the system works and finding a secret key...

 and an employee of the Russian software company ElcomSoft
ElcomSoft
ElcomSoft is a Russian computer software company specializing in computer security and data recovery applications. Popular products include their eBook processing and password recovery software supporting many of Microsoft's products. ElcomSoft is also a co-founder of the Independent Software...

, where he created "The Advanced eBook Processor" (AEBR) software. On July 16, 2001, due to a complaint from Adobe Systems
Adobe Systems
Adobe Systems Incorporated is an American computer software company founded in 1982 and headquartered in San Jose, California, United States...

, a US company, that copy protection
Copy protection
Copy protection, also known as content protection, copy obstruction, copy prevention and copy restriction, refer to techniques used for preventing the reproduction of software, films, music, and other media, usually for copyright reasons.- Terminology :Media corporations have always used the term...

 arrangements in its e-book
E-book
An electronic book is a book-length publication in digital form, consisting of text, images, or both, and produced on, published through, and readable on computers or other electronic devices. Sometimes the equivalent of a conventional printed book, e-books can also be born digital...

 file format were being violated by ElcomSoft's product, Sklyarov was arrested after giving a presentation called "eBook's Security - Theory and Practice" at the DEF CON convention in Las Vegas, Nevada
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...

. He was charged with distributing a product designed to circumvent copyright protection measures, under the terms of the Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...

 and arrested by the FBI as he was about to return to Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...

.

The day after his arrest several web sites and mailing lists were started to organize protests against his arrest, many of them under the slogan "Free Dmitry" or "Free Sklyarov". The main point of these campaigns was that no DMCA violations were committed at DEF CON, and the DMCA does not apply in Russia, so Sklyarov was being arrested for something that was perfectly legal in his jurisdiction. A campaign to boycott Adobe
Adobe Systems
Adobe Systems Incorporated is an American computer software company founded in 1982 and headquartered in San Jose, California, United States...

 products was also launched.

On July 19, 2001, the Association of American Publishers
Association of American Publishers
The Association of American Publishers is the national trade association of the American book publishing industry. AAP has more than 300 members, including most of the major commercial publishers in the United States, as well as smaller and non-profit publishers, university presses and scholarly...

 issued a press release announcing their support of his arrest. Adobe initially supported the arrest, but after a meeting with the Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...

, they issued a joint press release on July 23, 2001, recommending his release. However, Adobe still supports the case against ElcomSoft.

After Sklyarov was arrested he was held briefly in a local jail in Las Vegas
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...

; then he was held in the Oklahoma City
Oklahoma City, Oklahoma
Oklahoma City is the capital and the largest city in the state of Oklahoma. The county seat of Oklahoma County, the city ranks 31st among United States cities in population. The city's population, from the 2010 census, was 579,999, with a metro-area population of 1,252,987 . In 2010, the Oklahoma...

 Federal Prisoner Transfer Center until August 3, 2001, when he was transferred to the Federal building in San Jose, California
San Jose, California
San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...

. On August 6, 2001, Sklyarov was released on a US $50,000 bail and was not allowed to leave Northern California
Northern California
Northern California is the northern portion of the U.S. state of California. The San Francisco Bay Area , and Sacramento as well as its metropolitan area are the main population centers...

. The charges against Sklyarov were later dropped in exchange for his testimony. He was allowed to return to Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

 on December 13, 2001. On December 18, 2002 following a two-week trial in San Jose, California, a jury found that Elcomsoft had not wilfully violated the U.S. law.

See also

  • Fair use
    Fair use
    Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...


Dmitry Vitalevich Sklyarov (Дми́трий Вита́льевич Скля́ров) (born December 18, 1974) is a Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

n computer programmer known for his 2001 arrest by American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 law enforcement over software copyright
Software copyright
Software copyright is the extension of copyright law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software...

 restrictions under the DMCA
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...

 anti-circumvention
Anti-circumvention
Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow...

 provision. He is also known for his work showing the vulnerabilities in Canon Authenticity Verification, which was used to determine the authenticity of photos by encrypting photo's EXIF data.

Arrest

Sklyarov was a PhD student researching cryptanalysis
Cryptanalysis
Cryptanalysis is the study of methods for obtaining the meaning of encrypted information, without access to the secret information that is normally required to do so. Typically, this involves knowing how the system works and finding a secret key...

 and an employee of the Russian software company ElcomSoft
ElcomSoft
ElcomSoft is a Russian computer software company specializing in computer security and data recovery applications. Popular products include their eBook processing and password recovery software supporting many of Microsoft's products. ElcomSoft is also a co-founder of the Independent Software...

, where he created "The Advanced eBook Processor" (AEBR) software. On July 16, 2001, due to a complaint from Adobe Systems
Adobe Systems
Adobe Systems Incorporated is an American computer software company founded in 1982 and headquartered in San Jose, California, United States...

, a US company, that copy protection
Copy protection
Copy protection, also known as content protection, copy obstruction, copy prevention and copy restriction, refer to techniques used for preventing the reproduction of software, films, music, and other media, usually for copyright reasons.- Terminology :Media corporations have always used the term...

 arrangements in its e-book
E-book
An electronic book is a book-length publication in digital form, consisting of text, images, or both, and produced on, published through, and readable on computers or other electronic devices. Sometimes the equivalent of a conventional printed book, e-books can also be born digital...

 file format were being violated by ElcomSoft's product, Sklyarov was arrested after giving a presentation called "eBook's Security - Theory and Practice" at the DEF CON convention in Las Vegas, Nevada
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...

. He was charged with distributing a product designed to circumvent copyright protection measures, under the terms of the Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...

 and arrested by the FBI as he was about to return to Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...

.

The day after his arrest several web sites and mailing lists were started to organize protests against his arrest, many of them under the slogan "Free Dmitry" or "Free Sklyarov". The main point of these campaigns was that no DMCA violations were committed at DEF CON, and the DMCA does not apply in Russia, so Sklyarov was being arrested for something that was perfectly legal in his jurisdiction. A campaign to boycott Adobe
Adobe Systems
Adobe Systems Incorporated is an American computer software company founded in 1982 and headquartered in San Jose, California, United States...

 products was also launched.

On July 19, 2001, the Association of American Publishers
Association of American Publishers
The Association of American Publishers is the national trade association of the American book publishing industry. AAP has more than 300 members, including most of the major commercial publishers in the United States, as well as smaller and non-profit publishers, university presses and scholarly...

 issued a press release announcing their support of his arrest. Adobe initially supported the arrest, but after a meeting with the Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...

, they issued a joint press release on July 23, 2001, recommending his release. However, Adobe still supports the case against ElcomSoft.

After Sklyarov was arrested he was held briefly in a local jail in Las Vegas
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...

; then he was held in the Oklahoma City
Oklahoma City, Oklahoma
Oklahoma City is the capital and the largest city in the state of Oklahoma. The county seat of Oklahoma County, the city ranks 31st among United States cities in population. The city's population, from the 2010 census, was 579,999, with a metro-area population of 1,252,987 . In 2010, the Oklahoma...

 Federal Prisoner Transfer Center until August 3, 2001, when he was transferred to the Federal building in San Jose, California
San Jose, California
San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...

. On August 6, 2001, Sklyarov was released on a US $50,000 bail and was not allowed to leave Northern California
Northern California
Northern California is the northern portion of the U.S. state of California. The San Francisco Bay Area , and Sacramento as well as its metropolitan area are the main population centers...

. The charges against Sklyarov were later dropped in exchange for his testimony. He was allowed to return to Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

 on December 13, 2001. On December 18, 2002 following a two-week trial in San Jose, California, a jury found that Elcomsoft had not wilfully violated the U.S. law.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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