Another DMCA Smackdown
Via Ars Technica: DMCA dealt serious blow by Sixth Circuit Appeals Court
In a word, the appeal [by Lexmark] failed. The US Court of Appeals for the Sixth Circuit ruled against Lexmark (decision here), and offered future guidance relating to the use of the DMCA. As you may recall, the DMCA is all about copyright, and it was Lexmark's (necessary) argument that their copyright was infringed upon by SCC when they reverse engineered the chip. The court, however, sided with the view that access controls are not typically eligible for copyright protection.Generally speaking, "lock-out" codes fall on the functional-idea rather than the original-expression side of the copyright line. Manufacturers of interoperable devices such as computers and software, game consoles and video games, printers and toner cartridges, or automobiles and replacement parts may employ a security system to bar the use of unauthorized components. To "unlock" and permit operation of the primary device (i.e., the computer, the game console, the printer, the car), the component must contain either a certain code sequence or be able to respond appropriately to an authentication process. To the extent compatibility requires that a particular code sequence be included in the component device to permit its use, the merger and scènes à faire doctrines generally preclude the code sequence from obtaining copyright.