said by WileEC:you make it sound as if "the law" is perfect and infallible, when we all know that is not true. yes, it may not be the job of judges to legislate from the bench, but in fact they do it all the time. This is a case where the law isn't being interpreted properly, in the spirit of how and why the law was written. This is a bunch of massively, obscenely paid entertainment industry lawyers siting specific clauses in decades old code and the judge, who's limited understanding of the technology and/or the purpose of it, agreeing with their arguments wholesale. It's a bad decision. It's crap. All it does is further limit our choices as consumers. And if you think that the entertainment industry doesn't have their own profit-making angle on this, you're nuts. They'll be all for it as soon as they figure out how to exploit this for their own gain.
By the way, personally I would never use such a system as I know in part that it would inevitably be used to track my viewing preferences for the purpose of even greater, more intrusive, targeted marketing.
The Judge follows the rule of law. So, you are expecting him to legislate from the bench, which is illegal. Sorry, the Judge was right...
