Adobe's goal in the Elcomsoft case is to help protect the copyrighted works of authors, artists, developers and publishers. Adobe reported this suspected eBook authors' copyright violation to the U.S. Attorney's office. Based on the information gathered in the investigation (see affidavit ), the U.S. Government chose to take legal action to stop the sale of the for-profit security cracking code, and unilaterally decided to arrest Dmitry Sklyarov.

Elcomsoft found a security weakness and made no effort to communicate what it found to Adobe. Instead, the company distributed a software product for profit that can be used to compromise copyrighted works in the United States, violating U.S. law. Adobe took every measure likely to be successful to get Elcomsoft to cease and desist. Adobe's legal department sent letters to Elcomsoft, their ISP and their credit card clearing house used to offer these products for sale. Adobe forwarded the case to the U.S. Attorney's office only after Elcomsoft failed to respond and/or cease and desist. Our goal has been to stop the sale of the program in the U.S.

Contrary to some reports, the issue is not that Adobe alerted the U.S. government about an expert exposing security weaknesses. In fact, Adobe encourages its customers and the software community, including White Hat security experts, to provide feedback on the performance of its software in order to make improvements. Adobe's concern is that a "digital lock pick" is being distributed to enable others to compromise the copyrighted works of authors, artists, developers and publishers, which is why Adobe alerted the U.S. Attorney's office.

Corporate

Q: How are your customers, the publishing community, responding to this?
A: The Electronic Frontier Foundation considers themselves a leading civil liberties organization that works to protect right in the digital world. We are in constant communication with our customers who are also concerned about issues of privacy and protection of digital property. There is strong support from the publishing community, as evidenced by the statement from the American Association of Publishers. While the laws to enforce the protection of digital media are in their infancy, we believe they are based on the same principles as traditional media—protect the copyrights of authors, artists, developers and publishers while balancing the right to fair use.

Q: What's going on with the Electronic Frontier Foundation (EFF)?
A: We are engaged in discussions with the EFF to work together to address this situation. We believe a mutual frank discussion of how best to resolve the current issues will benefit Adobe and EFF.

Q: As a result of this case, what is Adobe doing to strengthen the security of its products?
A: Security is an ongoing effort at Adobe. The company is committed to strengthening the security of its products by using sophisticated, industry-standard levels of software encryption and working with the software community, including White Hat security experts, to incorporate features to advance the quality of the product.

Legal questions

Q: Elcomsoft claims that eBooks in Adobe PDF are insecure and that the encryption is weak, including ROT-13 which is notorious for its lack of security. Are those claims true?
A: Adobe has never sold ROT-13 as a security product. Adobe incorporates sophisticated, industry-standard levels of software encryption to make our products difficult to compromise. However, no software is 100% secure from a determined, illegal attack. When used legally and in its intended fashion, the Acrobat eBook Reader secures eBooks purchased by locking the eBook to the hardware from which it was purchased. The Elcomsoft software circumvents the security afforded by our software to protect copyrighted works.

Q: Elcomsoft claims that their software provided a service to Adobe and publishers by uncovering a security weakness. What is Adobe's position?
A:. Contrary to some reports, the issue is not that Adobe alerted the U.S. government about an expert exposing security weaknesses. In fact, Adobe encourages its customers and the software community, including White Hat security experts, to provide feedback on the performance of its software in order to make improvements. Adobe's concern is that a "digital lock pick" is being distributed to enable others to compromise the copyrighted works of authors, artists, developers and publishers.

Q: Elcomsoft claims that it developed the software in order to let users copy the eBooks they purchased onto multiple computers. Doesn't the Acrobat eBook Reader violate the Fair Use Act?
A: Adobe engineered the Acrobat eBook Reader to exchange eBooks like printed books. The Acrobat eBook Reader does allow customers to move the eBooks they purchase between computers through its lending and giving features. If the publishers enable these features, the buyer of an eBook can loan or transfer to another Acrobat eBook Reader on the network. To the best of Adobe's knowledge, the Acrobat eBook Reader is the only product that allows for the lending and giving of eBooks. In addition, the Acrobat eBook Reader allows for eBook printing and copying. The text-to-speech (or the "Read Aloud" feature) runs on Windows 2000 and the Macintosh—two operating systems that provide the functionality. Lending, printing, copying, giving and text-to-speech are permissions enabled by the publisher. The Elcomsoft software product violates the permissions set by the publisher to protect the copyrighted works of artists, authors, and publishers making the copyrighted content available for unlimited duplication and distribution. Keep in mind, the eBook market is an emerging one. Adobe and several other technology companies and publishing houses are exploring ways to protect copyrights and allow for fair use.

Q: What if I want to carry my eBook on a handheld device? What solution does Adobe provide?
A: Today, the Acrobat eBook Reader is only available for Windows and Macintosh desktop and laptop computers. Adobe is working with standards organizations and device manufacturers on a digital rights management (DRM) scheme that allows for the transfer of copyrighted materials from desktops and laptops to handheld devices.

Q: What if a user purchases a new computer? What happens to the eBooks they own?
A: eBooks that were legitimately purchased with the Acrobat eBook Reader can be reactivated by calling Adobe technical support.

Legal questions

Q: What did Elcomsoft do?
A: By developing a tool that circumvents our encryption software and then making and selling it in the U.S., the government believes that Elcomsoft violated U.S. copyright law (Digital Millennium Copyright Act) and the rights of authors, artists, developers and publishers.

Q: When did Adobe become aware of the Elcomsoft violation?
A: Our awareness of Elcomsoft was elevated in June when we learned that they developed a "digital lock pick" specifically targeted to decrypt our customers' copyrighted eBooks and it was marketed and sold online in the United States.

Q: What is Adobe's goal in this action against Elcomsoft?
A: Let's be clear that the U.S. Government is pursuing this case as a crime, acting independently of Adobe to enforce U.S. copyright law (the Digital Millennium Copyright Act). Adobe fully supports the U.S. Government's decision to investigate the potential violation of U.S. copyright laws by Elcomsoft and has cooperated with their investigations with their investigation. Adobe's goal is to help protect the copyrighted works of authors, artists, developers and publishers, and to stop the sale of this cracking software in the U.S.

Q: Why was criminal verses civil action pursued?
A: As with many parts of Asia, Russia is a nation where civil-based anti-piracy measures have little effect. Once Adobe had exhausted the few civil steps likely to have success, we forwarded the case to the U.S. authorities. The government is pursuing the case as a criminal violation.

Q: Did Adobe instigate the U.S. Government's investigation of Elcomsoft?
A: Adobe alerted the U.S. Attorney's office to investigate the activities of Elcomsoft regarding the possible illegal distribution of its "Advanced eBook Processor." Based on the information gathered in the investigation (see affidavit ), the U.S. Government chose to take legal action.

Q: Why was Dmitry Sklyarov arrested after he presented at the DefCon-9 conference in Las Vegas? Isn't that a violation of free speech?
A: Skylarov was not arrested for presenting a scholarly paper to a group of security experts. According to the press release issued by the FBI, Dmitry Sklyarov was arrested as the copyright holder of the "Advanced eBook Processor," a product distributed by his employer, Elcomsoft. He was arrested in connection to a charge of a "single count of trafficking in a product designed to circumvent copyright protection measures in violation of Title 17, United States Code, Section 12Ol(b)( l)(A). This is one of the first prosecutions in the United States under this statute, the Digital Millennium Copyright Act ("DMCA")."

Q: Did Adobe order the arrest?
A: Adobe did not order the arrest. That was the sole decision of the U.S. government. Adobe alerted the U.S. Attorney's office to investigate the activities of Elcomsoft regarding the possible illegal distribution of its "Advanced eBook Processor." Based on the information gathered in the investigation (see affidavit), the U.S. Government chose to take legal action.

Q: Who says that the United States gets to impose its laws (specifically, the Digital Millenium Copyright Act) on individuals and businesses in other countries?
A: Questions regarding the law and its enforcement in this case should be forwarded to the U.S. Attorney's office.

Q: What will happen next?
A: Any questions regarding this investigation should be forwarded to the U.S. Attorney's office.