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
Facsimile: (415)371-2201

Attorneys for Defendant
ELCOMSOFT CO., LTD.

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

UNITED STATES OF AMERICA

Plaintiff,

v.

ELCOM LTD.,
a/k/a ELCOMSOFT CO., LTD.,

Defendant.

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:

  1. 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.
  2. ElcomSoft is a privately owned software development company headquartered in Moscow, Russia.
  3. 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 country.
  4. 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.
  5. 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.
  6. 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 United States.
  7. 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 efficiency.
  8. The AEBPR program was completely designed and developed by ElcomSoft in Russia.
  9. 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.
  10. 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.
  11. All Internet e-mail contact from or to ElcomSoft originated from and terminated at ElcomSoft's corporate e-mail server, which was located in Moscow, Russia.

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.

_________________
Alexander Katalov

SF-29236