wizoomer95

Hi, EFF! Big supporter of yours. My question is twofold as it relates to your lawsuit to declare DMCA section 1201 unconstitutional (Green v. U.S. Department of Justice).

1. First one is simple: Any updates with regards to that? The last I heard was in 2016, and granted it was an election year and the shift from one Presidential administration to another, but I would have thought that something would have come of it by now.
2. In addition to the free speech arguments that the lawsuit makes (which I agree with as 100% valid), one thing I was thinking about was with regards to DMCA section 1201 being unconstitutional has to do with the copyright clause of the US Constitution. That clause states that Congress has the power to "promote the progress of science and the useful arts" by enacting laws like patent and copyright laws. However, given the actual text of the law in question and the results of the enactment of the law, one could argue that DMCA section 1201 has prevented progress instead of promoting it. How can a law that enables copyright holders to "control access" through technological measures to an otherwise publicly available copyrighted work promote progress? How does a range of otherwise legal activities, from ripping DVDs/Blu-Rays to create new fair uses of the copyrighted works, to Jailbreaking iPhones, and even security research, that is put in legal jeopardy by copyright law (even when the activity in question has nothing to do with copyright infringement) promote progress? Couldn't you argue that on its face, DMCA section 1201 is unconstitutional because it's a copyright law that doesn't live up to copyright's constitutional purpose of promoting progress, or is that just wishful thinking or a misunderstanding on my part?

Thank you in advance!!