Out-Law News 1 min. read

Garage door openers evade digital copyright law


A company that sells garage door openers that are interoperable with those produced by a rival is not in breach of America's Digital Millennium Copyright Act – but only because the rival had not stated that other devices should not be used, a US court ruled on Thursday.

The case dates back to December last year when Chamberlain Inc. sued Skylink Technologies over Skylink's universal remote transmitter - a device that could open, among other things, Chamberlain's "Security+ garage door opener system".

Chamberlain argued that, because the device circumvented a "rolling code" security function contained in Chamberlain's product, Skylink was in breach of the DMCA. The law makes it an offence to circumvent technological measures aimed to restrict access to copyrighted works.

The case was seen by many as highlighting the very broad nature of the DMCA, but in the event the court managed to duck a decision on the scope of the controversial law.

In her opinion, Judge Rebecca Pallmeyer wrote, "a homeowner has a legitimate expectation that he or she will be able to access the garage even if the original transmitter is misplaced or malfunctions."

Moreover, said the Judge, Chamberlain had not prohibited its customers from using any other device for opening their garage doors – even when it knew that such devices were available. Accordingly Pallmeyer dismissed Chamberlain's action.

While happy with the result, activists were concerned that the substance of the case – whether the DMCA would actually apply in such circumstances – had not been clarified.

Gwen Hinze, a lawyer for rights group the Electronic Frontier Foundation, told CNET News.com, "If someone was to make it clear on their site and packaging [that interoperability was not allowed], putting a consumer on notice, then this decision wouldn't apply per se." Instead, she added, "it would shift to the wider argument."

A similar test case, brought by printer maker Lexmark against a maker of microchips used in replacement laser printer cartridges, is still ongoing.

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