Suno filed its opposition to Concord Music’s attempt to amend the complaint to add a DMCA anti-circumvention violation. Suno argues that Concord Music has misread Section 1201: it does not prohibit circumventing an anti-copy measure, but instead, a measure that protects against access (1201(a)(1)).
Measures designed to protect against copying are covered in only the anti-trafficking in a technology (“in any technology, product, service, device, component, or part thereof”) that enables people to circumvent such measures (“is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof”) under DMCA subsection 1201(b)(1).
A subtle distinction but, if it applies to the alleged “stream ripping” of YouTube videos, it may well carry the day.
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