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December 17, 2002
DMCA Jury Nullification

Though the jury in the Elcomsoft/Sykarov Adobe Ebook case thought that Elcomsoft broke the law, they nullified the law because they didn't think the company intended to break the law and they didn't think a reasonable person could understand the law. Read the News.com coverage.

I love it. The DMCA anti-circumvention provisions are defeated in court and by nullification no less!

Update: Grr... Bad reporting on C/Net's part lead me to believe this was nullification when in fact the law stipulates that criminal liability under the DMCA has to be willful, and the jury found that the activity here was not willful.

Posted by hoffmang | December 17, 2002 12:38 PM


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