Article from Law.com via Yahoo:
Clearing the way for a criminal prosecution under the controversial Digital Millennium Copyright Act, a federal judge in San Jose, Calif., on Wednesday denied a motion to dismiss the case against Russian technology company ElcomSoft Co.
U.S. District Judge Ronald Whyte agreed with prosecutors that the DMCA bans all tools that circumvent technological protections, regardless of whether the tools are used to infringe copyrights or enable constitutionally protected fair uses.
Whyte also ruled that the DMCA is neither too vague under the Fifth Amendment nor too restrictive under the First Amendment.
Wired also has an article on this case.
UPDATE 0900 ET 09 May 2002
Ernest Miller adds:
Additional Resources:
Electronic Frontier Foundation
Press Release — (Judge Rejects Challenge to eBook Case: Rules Digital Copyright Law Trumps Free Speech)
The Decision
Elcomsoft Case Archive
C|Net News — (Judge denies dismissal bid in DMCA case)
Newsbytes — (Judge Says Russian Firm To Be Charged In E-Book Case)
Slashdot — (Elcomsoft Case Will Proceed)
The Register — (Sklyarov/ElcomSoft case sent to trial)