Moscow-based ElcomSoft Co. Ltd. became a household name last year when, at the behest of eBook software maker Adobe Systems Inc., the FBI arrested Dmitry Sklyarov, a Russian resident and ElcomSoft software engineer who had been visiting DEF CON 2001 in Las Vegas. Sklyarov was incarcerated from July 16 to August 6, 2001.

After a failed attempt to dismiss the case on constitutional grounds, US v. ElcomSoft, the first (and, more importantly, precedent-setting) Digital Millenium Copyright Act criminal trial will begin this coming Monday.

Will the DMCA succeed in squeezing $2 million out of ElcomSoft? There are 4 counts of circumvention offenses related to the DMCA's now infamous section 1201, and one charge of conspiracy. According to this law.com article, "the big question -- which [U.S. District Judge Ronald] Whyte must answer before a juror even steps foot into his San Jose, Calif., courtroom -- is whether the government needs to demonstrate that ElcomSoft intended to commit a crime." Another development: Sklyarov, released from prison in exchange for his promised testimony, has been unable to secure a visa for his return to the U.S.

Thanx to EFF for posting a helpful FAQ that demystifies many of the key issues surrounding this case.