§1202 to overlap with traditional copyright law, and the defendants' lawyer in this case indicated that this decision "create[d] uncertainty as to ... what triggers liability." The main concern over this overlap is that certain exemptions under the Copyright Act, such as fair use, would still be violations under the DMCA if CMI is removed. A possible mitigating factor to this concern is that §1202 prohibits removal of CMI only when it is done to aid copyright infringement, meaning a §1202 claim should only succeed when actual or potential copyright infringement exists. As of April 2014, the status of this case remains active and unresolved. References United States defamation case law 2011 in United States case law Digital Millennium Copyright Act case law United States Court of Appeals for the Third Circuit cases