The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled. The court rejected the argument that the manufacturer did not have constitutional standing, because the manufacturer sufficiently alleged that the sale of the altered devices could reasonably be expected to deprive it of the opportunity to profit from the sale of unaltered devices. The court also concluded that the manufacturer was a “person injured” within the meaning of the DMCA anticircumvention provisions because the manufacturer is a “party who controls the technological measures that protect copyrighted works.”

Bose BV v. Zavala, 2010 U.S. Dist. LEXIS 2719 (D. Mass. Jan. 14, 2010) Download PDF