Apple, now represented by Dale Cendali of Kirkland & Ellis and a team of lawyers from Kirkland and Latham & Watkins, just filed a motion to dismiss the YouTube creators Ted Entertainment’s DMCA anti-circumvention claim.
Apple’s argument is the same one being made in other DMCA lawsuits related to YouTube videos that they are not within the scope of the DMCA provision Section 1201(a) because the videos lack access-control measures (as opposed to copy-control measures).
The case is before Chief District Judge Seeborg.
Cendali is also the lead lawyer for the plaintiff Thomson Reuters in its case against ROSS Intelligence.
Excerpt of Apple’s Motion to Dismiss:





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