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DMCA dismissed from tape backup lawsuit

Court rules a consulting firm did not violate the DMCA when performing maintenance on StorageTek tape backup systems.

Declan McCullagh Former Senior Writer
Declan McCullagh is the chief political correspondent for CNET. You can e-mail him or follow him on Twitter as declanm. Declan previously was a reporter for Time and the Washington bureau chief for Wired and wrote the Taking Liberties section and Other People's Money column for CBS News' Web site.
Declan McCullagh
A federal district court has ruled that a consulting firm did not violate the Digital Millennium Copyright Act when performing maintenance on StorageTek tape backup systems. StorageTek had that Custom Hardware illegally tricked a tape backup unit into granting its technicians full access to the system's internals.

But Judge Rya Zobel in Massachusetts ruled (click for PDF) on June 28 that because StorageTek's GetKey security did not "effectively control access" to the system, the DMCA did not apply. Zobel awarded Custom Hardware summary judgment on that point, although the lawsuit will continue on other grounds.