Description
Judge Lewis A. Kaplan just denied Runway's motion to dismiss in the Ace Cam case, and the reasoning is exactly as bad as you'd expect from the same guy who's been in the MPA's corner for years.
He decided that YouTube's "technological protection measures"—the rolling cipher (which isn't rolling and isn't a cipher), IP rate limiting, session-bound URLs, CAPTCHAs, and proof-of-origin tokens—are all access controls under DMCA §1201(a).
That matters because if they're access controls, Runway doesn't even get to make a fair use defense.
But the content is public. You go to YouTube and watch it. You already have access!
Downloading a file is copying a file. Kaplan never really engages with that distinction.
Session tokens, CAPTCHAs, proof-of-origin tokens—none of these gate access to the work. You already have the work. They're either ordinary streaming mechanics or, at best, copy controls aimed at downloading.
It's the same argument content cartels have been pushing since the DMCA passed: anything that makes it slightly harder to get a clean file is now an access control, so fair use doesn't apply and you don't actually own what you paid for.
This is the same fight as the Linux DVD player case, the tractor right-to-repair fights, and many others. AI is just the latest excuse.
Order on Motion to Dismiss – #61 in Ace Cam, Inc. v. Runway AI https://www.courtlistener.com/docket/72291526/61/ace-cam-inc-v-runway-ai-inc/
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0:00—Intro
0:46—Access Controls vs. Copy Controls
1:34—The Five So-Called "Access Controls"
3:26—It's About Protecting WORKS, Not Files
5:46—"Access to Files" Means COPYING
7:14—They Want EVERYTHING to Be an Access Control
9:32—Judge Says §1201 Is Broad Enough to Encompass ANYTHING!
11:00—Why This Ruling Is a JOKE