The last of the motions to dismiss filed by Russian software manufacturer ElcomSoft Co. Ltd., were denied on Wednesday by the District Court Judge in the case. The company has built software that enables a person to make a copy of an ebook, even though the ebook has technology built into it to stop people from making copies. Such software is illegal in the United States under the Digital Millennium Copyright Act (DMCA). The motions argued that the DMCA
was overly vague, violated free speech rights and infringed on the established right to "fair use" of copyrighted material.The Electronic Frontier Foundation has a copy of Judge Whyte's 35 page long opinion online. The decision in this case, and in any appeals that may follow it, may be very important when it comes to the balance between a creator's protection under copyright, and the freedom to share ideas under the first amendment.