An even better outcome
Trying to use DMCA outside its intended purpose to overturn some very old precedent...and if the Judge has any brains will throw this out.
An even better outcme would be for the judge to dismiss the charges with prejudice, thereby further weakening the DMCA.
jb4
"They lead. They don't manage. The carrot always wins over the stick. Ask your horse. You can lead your horse to water, but you can't manage him to drink."
Richard Kerr, United Technologies Corporation, 1990