In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that courts initially read the "anti-circumvention" and "anti-trafficking" provisions of the Digital Millennium Copyright Act extremely broadly and allegations relating to them have become staples of digital intellectual property litigation, providing, among other things, a clean pathway into the federal courts even in the absence of an underlying copyright infringement. But some recent decisions have suggested that view may be narrowing.
Courts Struggle With Limits of DMCA Anti-Circumvention
New York Law Journal
November 20, 2012
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