Are the TPM provisions in C-32 more restrictive than those in the DMCA?
The US Fifth Circuit Court of Appeals has revised its opinion in the MGE UPS Systems Inc. v. GE Consumer and Industrial Inc. 2010 WL 3769210 (5th.Cir. Sept. 29, 2010) case withdrawing entirely the discussion of whether a copyright violation is a prerequisite for a violation of DMCA Section 1201(a). Instead, it affirmed the dismissal of the DMCA claim solely on the lack of proof that any GE/PMI employee actually circumvented the access control TPM and because the DMCA TPM prohibitions do not apply to “using the software after some other party disabled the code requiring a” TPM.…
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