Courts Struggle With Limits of DMCA Anti-Circumvention

, New York Law Journal

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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.

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