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I'd guess this really isn't proven law until it survives a lawsuit escalated to the supreme court.

(and given their decisions lately, I'd rather not see this particular court address these issues)

"Proven law"? The DMCA explicitly calls for these rulings to be made every 3 years. If the rest of the DMCA is "proven law," then so is this ruling.

This is administrative rulemaking; perfectly ordinary. It could be set aside by a court if it were arbitrary or capricious, but that's pretty unlikely.

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