A copyright owner alleging violations of the Digital Millennium Copyright Act does not have to demonstrate, as a threshold matter, that there is a connection between allegedly unlawful circumvention of technological protection measures and an interest protected by the Copyright Act, the U.S. District Court for the District of New Jersey ruled Nov. 4, in an opinion designated as unpublished (Avaya Inc. v. Telecom Labs Inc., D.N.J., 3:06-cv-02490-GEB-LHG, 11/4/11).
In so holding, Judge Garrett E. Brown Jr. parted ways with Federal Circuit caselaw requiring a reasonable relationship between the circumvention and a use relating to protected rights, ...
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