May 11, 2007
That'd be Rule 12(b)(6)
Some lawyer's gonna get fired. Why? For giving two previously unheard-of DRM companies--BlueBeat and Media Rights Technologies--the bogus legal advice that the DMCA, which prohibits the circumvention of DRM, actually mandates the use of available DRM implementations. The theory is that "circumvention" includes not using DRM where one technically could. Under this theory, the companies have send cease and desist letters to Apple, Microsoft, Adobe, and Real, insisting that they stop not using their DRM.
The DMCA, obviously, contains no such mandate. This situation is called "failure to state a claim", and should these companies be silly enough to file a lawsuit, the defendants would simply file a motion to dismiss on that ground, which would be granted before the ink has dried.
