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Gesmer Updegrove issued a Client Advisory regarding a decision by the 8th Circuit Court of Appeals regarding interoperability.

In that case, a computer game manufacturer sought to prohibit third parties from establishing a network compatible with its games. The manufacturer used clauses in its click-wrap agreements and the Digital Millennium Copyright Act to achieve victory. For those who wish to use the DMCA offensively to limit competition based on interoperability, this case represents a shift from other recent cases in which courts were reluctant to permit offensive use of the statute. You can read the Advisory here.