A Discovery Ruling in the Northern District of California Raises a Novel Issue as to Liability for “Cross-Border” Circumventions of the Digital Millennium Copyright Act

In the case of the DVR user, there can be no doubt that the DVR user alone decided to copy the copyrighted work. In the case of the Ubiquiti employee, it was almost certainly not an individual employee who made the decision to use Synopsys’ software, and he or she may have been wholly unaware that it was being used (not to mention that it was being used without authorization from Synopsis).