Earlier quoted context omitted.
shitty CAPTCHA’s and simple checksums have been ruled to be “effective measures”, so this would probably be too. However, Section 1201(f) is designed to allow developers leeway in reverse engineering to make "independently created computer programs" talk to other "computer programs". But this usually distinguishes between talking to a binary (good) and reading a media file (bad). My guess is the encoder is probably l…
No, on appeal the simple checksum was ruled to NOT be an effective measure. [0] And while courts might have ruled that a CAPTCHA might count as a "technological measure" they haven't gotten as far as ruling them as "effective" yet. But in general yes. The protection scheme doesn't need to be well designed or free of design flaws to count as "effective". But from what I can tell, it does need to be a valid attempt at…
Also it was an appeal to a preliminary judgement. The lower court said: okay, you're most likely going to lose so you have to stop selling these until we find out whether you lose. The appeal court said: actually this case is almost completely bogus and you're probably going to win, so you can keep selling them.