2 out of the 3 First Amendment claims (overbreadth, prior restraint) were dismissed. The one that survived was that 1201 might be unconsitutional as applied to the specific set of facts: a researcher publishing a book on encryption. The case is ongoing; there are no indications that EFF will succeed.
Someone should succeed, may be legislators who shouldn't have allowed this to exist in the first place. Corrupt DMCA 1201 garbage should be eventually repealed.
I certainly believe it's unconstitutional but as an non-expert I think the courts feel skeptical of that argument (I believe they argue circumvention is conduct and not speech), and are perhaps less likely to review such cases because they feel it's unimportant. I'm hopeful about the EFF litigation though.
