Volume II

Issue : 17: September 9, 2004

• RIAA Sues More File Sharers While Report Shows Progress for University Anti Piracy Initiatives
• Internet Only Pharmacies in England Get the Green Light
• Man Receives Criminal Conviction under HIPAA
• U.S. Court of Appeals Rules Universal Transmitter Does Not Violate Digital Millennium Copyright Act
• Ontario Court Orders Disclosure of Employees Personal Information despite PIPEDA
• Atlantic Canada Governments to Sell Lottery Tickets Online
• U.S. Court of Appeals Finds Digital Sampling of Music Can be Infringement of Copyright
• U.S. Court of Appeals Upholds Antiecommerce Protectionist State Law

Home > Volume II > Issue 17: September 9, 2004 > U.S. Court of Appeals Rules Universal Transmitter Does Not Violate Digital Millennium Copyright Act

U.S. Court of Appeals Rules Universal Transmitter Does Not Violate Digital Millennium Copyright Act

Chamberlain sells garage door openers, one of which contains a computer program that changes the radio frequency signal needed to open the door. This makes it difficult for burglars to activate the door opener.

Skylink sells an after-market "universal transmitter" which allows users to operate Chamberlain's door opener. Chamberlain sued Skylink, claiming that (among other things) Skylink violated §1201 of the Digital Millennium Copyright Act (the "DMCA") that prohibits the manufacture and sale of circumvention technology.

The lower court granted summary judgment in favour of Skylink, and the United States Court of Appeals for the Federal Circuit upheld the decision. It ruled that Chamberlain failed to prove that the transmitters helped third parties infringe Chamberlain's copyright in the door-opener software. The evidence showed that the transmitter simply enabled Chamberlain's customers to do something they were already allowed to do (i.e. use a copy of Chamberlain's software to open their garage doors). The decision does not discuss the use of the transmitters by burglars (who presumably would not be authorized to use Chamberlain's software to open customers' garage doors), but it appears Chamberlain did not plead this.

For a copy of the Court of Appeal decision, visit:

http://laws.findlaw.com/fed/041118.html