SO WHAT’S TO WORRY?
Court unlikely to rule Felten paper was a “circumvention technology”; good 1st A defense
Some chance court would extend encryption exception to cover activities but
- watermarks are not encryption; 1202 has no limit
- no right to make (b)(1) tool—and unclear whether watermark was access control or copy control
Big deal: SDMI challenge authorized RE; without this, some chance of 1201(a)(1)(A) violation; RE alone may be illegal—even if don’t make tool!!!