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I may be reading the actual complaint incorrectly, but I believe it's because in the 2015 update, the Library of Congress failed to adequately address previously protected exceptions of the DCMA:

>"The Library of Congress failed in its October 28, 2015, rulemaking to grantexemptions from the DMCA’s anti-circumvention provision, 17 U.S.C. 1201(a)(1), for speechusing clips of motion pictures, for the shifting of lawfully-acquired media to different formatsand devices, and for certain forms of security research.SeeLibrary of Congress, “Exemption toProhibition on Circumvention of Copyright Protection Systems for Access ControlTechnologies,” 80 FR 65944 (Oct. 28, 2015) (“Final Rule”). The Librarian’s failure to grantthese exemptions violates the First Amendment and the Administrative Procedure Act (“APA”),5 U.S.C. § 702.Case 1:16-cv-01492"

As is such, the EFF needed time to compile a case, file it, and also find plantiffs.

[1] https://www.eff.org/document/1201-complaint




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