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The Moscow company is charged with creating and distributing software - called Advanced eBook Processor - that allows users to bypass the copyright protection system in Adobe Systems' eBook file format.
Last July, an ElcomSoft programmer, Dimitry Sklyarov, presented information about Advanced eBook Processor at the Def Con hacker conference in Las Vegas. The charges against Sklyarov were dropped on condition that he would testify against Elcomsoft.
Yesterday a judge denied a motion filed by ElcomSoft to dismiss the case. The company had argued that the DMCA violated several of its rights under the US Constitution. In particular, it argued that the DMCA is too vague as applied to this case and violates its Fifth Amendment right to due process.
The judge also rejected ElcomSoft's argument that the DMCA violated several of its First Amendment rights, including its right to free speech.
Judge Ronald Whyte of the US District Court for the Northern District of California, has already denied previous motions by ElcomSoft to dismiss the case, including one based on a claim that the case is out of the jurisdiction of the US court.
A trial date has been set for 20 May, at which time Whyte is expected to set the schedule for the remainder of the case, according to a spokeswoman for ElcomSoft.