I'll have the Final Arguments posted tomorrow morning.

Burton then asked Ryan if there had been a non-standard version of the AEBPR product that remained available on RegNow's website for a few days after the standard version of the AEBPR product had been removed.

"Yes." Ryan said. "A discounted version for previous users of another product was still active."

Burton asked Ryan to explain how that happened.

"It was an oversight on our part." Ryan said. "We were all focusing on the email from Adobe which just mentioned the one product."

Ryan went on to explain that the non-standard version of the product was also disabled as soon as Alexander Katalov contacted RegNow! to inform it of the situation.

10/10/02 "Ryan X", RegNow! Employee

This segment follows this post.

The Defense called a witness that I'm going to call "Ryan X" who was identified as an employee of RegNow!. (RegNow! is a third party transaction service hired by ElcomSoft to handle many of their software sales transactions.)

Defense Attorney Joseph Burton asked Ryan to explain about the exact dates and reasons for RegNow's removing ElcomSoft's AEBPR program for its website.

"I received an email to one of our public email addresses from Adobe requesting that we deactivate one of our products." Ryan said, explaining that he forwarded the email to ElcomSoft and asked them for advisement on the matter.

"And you took it down?" Burton asked.

"Yes, we disabled that product." Ryan said.

Burton then asked Ryan if there had been a non-standard version of the AEBPR product that remained available on RegNow's website for a few days after the standard version of the AEBPR product had been removed.

"Yes." Ryan said. "A discounted version for previous users of another product was still active."

Burton asked Ryan to explain how that happened.

"It was an oversight on our part." Ryan said. "We were all focusing on the email from Adobe which just mentioned the one product."

Ryan went on to explain that the non-standard version of the product was also disabled as soon as Alexander Katalov contacted RegNow! to inform it of the situation.

Next, prosecuting attorney Frewing began his cross-examination, showing Ryan a subpoena and some faxed documents of an email conversation he had participated in.

Frewing confirmed with Ryan that it was a oversight on RegNow's part that the additional version of the AEBPR programs had not been removed from it's website at the same time the standard version had been removed.

When the prosecution asked about RegNow's parent company Digital River and "all of its assets," Burton objected on relevance. Judge Whyte asked them approach the bench so Frewing could explain to the Judge where he was taking this line of questioning.

"Is Digital River based in the United States?" Frewing asked.

"Yes." Ryan answered.

"No further questions." Frewing said.

Now on to the Final Arguments!