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Judge Hellerstein refuses to dismiss the record labels' DMCA claim that Udio circumvented YouTube's rolling cipher to stream-rip training audio
On April 15, 2026 Judge Hellerstein denied Udio's motion to dismiss the third cause of action in the labels' amended complaint, which alleges that Udio used the YT-DLP tool to bypass YouTube's rolling-cipher encryption and download sound recordings for training, in violation of 17 U.S.C. 1201(a). Udio argued the cipher is a copy control, whose circumvention the statute does not prohibit, rather than an access control. The court explained that Section 1201(a)(1) bars circumventing access controls but not copy controls, and that a measure may serve as both. It held that, accepting the complaint's allegations, the labels plausibly pleaded that YouTube uses technological measures regulating access to its content and that Udio circumvented them, but that whether the measures are access controls within the statute 'requires a greater factual record,' so Udio may renew the argument later. The court noted that the Second Circuit appeal in Yout v. RIAA raises related questions and said it would apply current law. The order was issued after UMG and Warner had settled and left the case.
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