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IP Justice Media Release
September 2, 2003
Media Contact: Robin Gross, IP Justice Executive Director
robin@ipjustice.org +1 415.553.6261
David Djavaherian, Irell & Manella, Attorney for Skylink Technologies
ddjavaherian@irell.com +1 949.760.0991

Court Rejects DMCA Claim Against Garage Door Manufacturer
'Common Sense' Prevails in US Copyright Case

On August 29, 2003 US District Court Judge Rebecca Pallmeyer denied part of a motion for summary judgment against Skylink Technologies for making compatible garage door openers, allegedly in violation of the US Digital Millennium Copyright Act (DMCA).

Chamberlain Group sued its competitor in January 2003 for making a garage door opener that was compatible with its own under the DMCA's ban on trafficking in circumvention devices. Chamberlain Group argues that Skylink's garage door opener circumvents access controls to a computer program in its garage door opener. Skylink claims that because a person owns the garage and the door opener, he or she has lawful authorization to access the computer program and open the garage door with any device he or she chooses.

Judge Pallmeyer disagreed with Chamberlain Group's argument that a garage owner violates the DMCA if he or she loses the transmitter and manages to operate the garage door opener by circumventing the computer program in it. "The homeowner has a legitimate expectation that he or she will be able to access the garage even if his transmitter is misplaced or malfunctions," stated the Court.

"The Court recognized the common sense argument that the DMCA should not be used to prevent a person from using his or her own property in lawful ways or to force consumers to purchase costly replacement parts," said Robin Gross, Executive Director of IP Justice, a civil liberties organization that promotes balanced intellectual property laws.

The Court also expressed appreciation for amicus curie briefs filed by the Consumers Union and the Communications Industry Association (CCIA) that argued Chamberlain's interpretation of the DMCA as prohibiting after-market replacement transmitters would have the effect of stifling innovation and increasing consumer prices. The Court said, "for reasons identified by Skylink or by amici, Skylink itself may be entitled to summary judgment on Count III."

The August 29 ruling out of the court in Chicago only addressed one of several issues presented by Chamberlain's motion for summary judgment.

August 29 Court Order Denying Summary Judgment Against Skylink:
http://www.ipjustice.org/skylink/082903_ORDER.pdf

Chamberlain Group v. Skylink Technologies Case Archive:
http://www.ipjustice.org/skylink.shtml

Consumers Union Amicus Curie Brief:
http://www.ipjustice.org/skylink/skylink_consumer_union_amicus.pdf

Computer & Communications Industry Association (CCIA) Amicus Curie Brief:
http://www.ipjustice.org/skylink/skylink_ccai_amicus.doc


IP Justice is an international civil liberties organization that promotes balanced intellectual property law. IP Justice defends individual rights to use digital media worldwide and is a registered California non-profit organization. IP Justice was founded in 2002 by Robin D. Gross, who serves as its Executive Director. To learn more about IP Justice, visit the website at http://www.ipjustice.org

Read the Principles of IP Justice and Sign-on!
1. We reserve the right to control our individual experience of intellectual property.
2. Creators deserve to be compensated.
3. We reserve our right to make private copies of lawfully acquired intellectual property.
4. Technology and information that enable the exercise of rights should be lawful.
5. "Copy Rights" come with "Copy Responsibilities."

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