A US federal judge has set August 26 as the date for the opening of the trial against Russian software company ElcomSoft.

The Moscow software company developed and distributed software that enabled users to circumvent the copyright protection in Adobe’s eBook file format. It is being charged under the Digital Millennium Copyright Act (DMCA).

ElcomSoft was indicted by federal authorities, along with its lead programmer Dmitry Sklyarov, in July 2001, after Sklyarov delivered a presentation on the company’s eBook software tool at the Def Con hacker conference in Las Vegas.

The US Department of Justice dropped the charges against Sklyarov in December. ElcomSoft remains under indictment.

The case will mark the first time criminal charges made under the DMCA have gone to trial.

The attorney for ElcomSoft tried unsuccessfully to have the case thrown out, arguing that the DMCA was vague and unconstitutional as it applied to ElcomSoft. Judge Ronald Whyte of the US District Court for the Northern District of California, in San Jose, shot down those claims earlier this month.