said by yhp:The Digital Millennium Copyright Act could change the entire Supreme Court ruling because of the fact that the content is coming from a digital source and is digital content.
What the DMCA did (among other things) is make any anti-copying mechanism sacrosanct: if you circumvent it, or distribute the tools to do it, you're breaking the law.
It's different and separate from infringement. One can distribute circumvention tools (at great legal risk, of course) without infringing copyright.
Which is why for awhile I do not know if it is true any more but VLC used to warn people about mirroring libdcss(I think thats the file) on US servers. Because VLC has no Macrovision license it technically violates the DMCA if used for watching DVDs.