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.
Archive for the ‘MGE v GE’ category
MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was it right?July 29th, 2010
Last week, the US Court of Appeals for the 5th Circuit released a controversial decision interpreting Section 1201(a) of the DMCA in MGE UPS Inc v GE Consumer and Industrial, Inc. 2010 WL 2820006 (5th Cir.2010). Prof. Geist has suggested that the case decided that the “DMCA is limited to guarding access controls only to the extent that circumvention would violate the copyright rights of the copyright owner.” His summary of the case is neither accurate nor complete. Here’s why.
The MGE case