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Judge Hellerstein denies Udio’s motion to dismiss DMCA anti-circumvention claim. Court finds sufficient allegations based on YouTube’s “rolling cipher” TPM

In Sony Music Entertainment v. Uncharted Labs dba Udio, Judge Hellerstein found that the complaint sufficient alleged that YouTube circumvented an access-control to YouTube videos via the much-disputed “rolling cipher” technological protection measure.

Udio argued it was a copy-control measure. Sony Music argued it was both copy-control and access-control.

Judge Hellerstein ruled that the complaint plausibly alleged an access-control was circumvented. But in a footnote, Hellerstein said the parties can alert him to the expected decision from the Second Circuit on this very issue in the Yout case.

Will be interesting to see if Judge Hellerstein’s decision influences the other courts consider similar motions.

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