Judge Rakoff let The Intercept's DMCA § 1202(b)(1) copyright-management-information claim against OpenAI survive dismissal while tossing the § 1202(b)(3) claim, splitting from Raw Story v. OpenAI on standing and reshaping CMI litigation in AI-training cases.
A cryptographer and a hardware hacker argued that the DMCA's anti-circumvention rules censor lawful research and tinkering; the D.C. Circuit held that § 1201 regulates conduct and survives the First Amendment.
The Ninth Circuit split the DMCA's anti-circumvention provisions in two, holding that § 1201(a) protects access independently of infringement — and that a World of Warcraft cheat maker violated it.
The Federal Circuit refused to let a copyright owner use § 1201 as a tool to lock out an aftermarket competitor, holding that anti-circumvention liability requires a nexus to actual copyright infringement.
