Judge: Elcomsoft case can proceed

Thursday, 9 May 2002, 10:06 AM EST

A federal judge ruled on Wednesday that the copyright infringement case against the Russian software company Elcomsoft can go on, dismissing the defense's claim that key provisions of the Digital Millennium Copyright Act are unconstitutional.

U.S. District Court Judge Ronald Whyte of San Jose said that the DMCA was neither vague nor did it violate the First Amendment, as Elcomsoft had argued. Although the judge agreed with Elcomsoft that computer code is speech, he said that the DMCA does not unconstitutionally ban that speech.

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