The defense had argued that the Elcomsoft's program merely enabled owners of the eBook Reader to exercise their rights to "fair use" under copyright law, including making copies of e-books for backups, transfers to other devices and other personal use.
Jury foreman Dennis Strader said that argument had a big impact on the jurors, who asked U.S. District Judge Ronald M. Whyte to clarify the "fair use" definition shortly after deliberations began. "Under the eBook formats, you have no rights at all, and the jury had trouble with that concept," said Strader. [Emphasis mine]
(From Yahoo!'s AP news); Other coverage: ZDNet, Wired, ABC, Politechbot, Infoworld, NY Times.