Alexander Katalov Reply Declaration
in US v. ElcomSoft (Feb. 25, 2002)
JOSEPH M. BURTON (SB No.142105)
STEPHEN H. SUTRO (SB No. 172168)
JON D. RUBIN (SB No. 196944)
JAMES B. DAMRELL (SB No. 201859)
DUANE MORRIS LLP
100 Spear Street, Suite 1500
San Francisco, CA 94105
Telephone: (415) 371-2200
Attorneys for Defendant
ELCOMSOFT CO., LTD.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
UNITED STATES OF AMERICA
a/k/a ELCOMSOFT CO., LTD.,
Case No.: CR 01-20138 RMW
DECLARATION OF ALEXANDER KATALOV IN SUPPORT OF REPLY OF ELCOMSOFT
Date: March 4, 2002
Time: 9:00 a.m.
Judge: The Honorable Ronald M. Whyte
I, ALEXANDER KATALOV declare as follows:
- I am President of ElcomSoft Company, Ltd. and have personal knowledge
of the following facts, and if called upon to do so could and would
competently testify to them.
- ElcomSoft is a privately owned software development company
headquartered in Moscow, Russia.
- The AEBPR program was made available to the public for purchase solely
on the Internet. ElcomSoft has never sold the AEBPR program in the United
States, or anywhere in the world, through any retail or wholesale outlet,
distributor, or individual salesperson physically located in any
- On or about June 22, 2001 ElcomSoft released the Advanced e-Book
Processor ("AEBPR") program to the public by posting the program to a
webpage on its website at www.elcomsoft.com. The webpage concerning the
AEBPR program contained various information about the program, and
hypertext links for ordering and/or downloading the program.
- In 2001, ElcomSoft Co. Ltd. used several servers, of which three were
located in Russia, and two were located in the United States. At
different times during 2001, ElcomSoft had over ten websites located on
its servers, including commercial and non-commercial websites for
ElcomSoft's friends and partners.
- www.elcomsoft.com is one of the several websites that ElcomSoft Co.
Ltd. has on its servers. At different times during 2001, ElcomSoft has
moved its website www.elcomsoft.com several times to different servers,
leased or owned by ElcomSoft, including servers in Russia and in the
- A decision to move the website www.elcomsoft.com to a particular
server is normally based on technical considerations, such as
availability, accessibility, velocity of uploading, and cost
- The AEBPR program was completely designed and developed by ElcomSoft
- The webpage describing the AEBPR program and all other related
ElcomSoft webpages were completely designed and coded by ElcomSoft in
Russia. When finished and ready for public viewing, all ElcomSoft web
pages, and specifically those related to the AEBPR program, were loaded
onto the Internet, from ElcomSoft computers in Russia through ElcomSoft's
Russian Internet Service Provider ("ISP") to a server in Chicago,
Illinois, which hosted the ElcomSoft website at the time.
- Once ElcomSoft uploaded the AEBPR program to the webserver on the
Internet, no affirmative action by another person or company was needed
for the AEBPR program to be available for download by the public. As soon
as ElcomSoft uploaded the AEBPR to its Internet webserver, that program
was immediately available for downloading by the public.
- All Internet e-mail contact from or to ElcomSoft originated from and
terminated at ElcomSoft's corporate e-mail server, which was located in
I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct and that this declaration was executed in San Francisco, California on February 24, 2002.