United States v. Elcom Ltd.
Opinion
Opinion
Whyte, J.
ORDER DENYING DEFENDANT’S MOTIONS TO DISMISS THE INDICTMENT ON CONSTITUTIONAL GROUNDS
On April 1, 2002, the court heard defendant Elcom Ltd.’s motions to dismiss the indictment for violation of due process and on First Amendment grounds. The government opposed the motions. The court has considered the papers submitted by the parties and amici curiae and had the benefit of oral argument on the motions, and for the reasons set forth below, defendant’s motions to dismiss the indictment are denied.
BACKGROUND
1. The Technology: eBooks and the AJEBPR
Adobe Systems is a software company headquartered in San Jose, California. Adobe’s Acrobat eBook Reader product provides the technology for the reading of books in digital form (ie., electronic books, or “ebooks”) on personal computers. Use of the Adobe eBook format allows publish ers or distributors of electronic books 'to control the subsequent distribution of the ebook, typically by. limiting the distribution to those who pay for a copy. Diaz Decl. ¶ 5. These restrictions are imposed by the publisher’s use of the Adobe Content Server, which allows the publisher to grant or withhold a range of privileges from the consumer. For…