with Skylink and because Chamberlain did not explicitly restrict the consumer's use of alternate transmitters, this was deemed an unconditional sale that implicitly authorized customers to use other transmitters. The court also noted that Chamberlain's construction and interpretation of the DMCA would make its own consumers violate §1201(a)(1), which prohibits circumvention of a technological measure that controls access. As Chamberlain did not show that Skylink's access was unauthorized, the District Court granted the motion for summary judgment to Skylink and dismissed the patent claims. Appeal issues Chamberlain appealed the District Court's decision of summary judgment granted to Skylink in Chamberlain II and the case was heard before the United States Court of Appeals for the Federal Circuit. In this case, Chamberlain claimed the District Court incorrectly placed the burden on Chamberlain to prove that the circumvention of its technological measures was unauthorized when it should have placed the burden on Skylink to show that the use was authorized. Decision The Federal Circuit affirmed the District Court's ruling. The court explained that by explicitly stating that circumvention occurs "without the authority of the copyright owner," the DMCA requires the plaintiff alleging circumvention to show that the defendant's access was unauthorized. The Federal Circuit went on to clarify the nature of the DMCA's anti-circumvention provisions. The DMCA established causes of action for liability and did not establish a property right. Therefore, circumvention is not infringement in itself. In response to Chamberlain's assertions that the DMCA "renders the pre-DMCA history in the GDO industry irrelevant," "fundamentally altered the legal landscape," and "overrode all pre-existing consumer expectations about the legitimate uses of products containing copyrighted embedded software," the court disagreed. In Chamberlain's view, all use of products that contain copyrighted software and use protective technological measures would violate the DMCA and this would give companies a loophole around antitrust laws as well as take away the fair use defense. By examining the structure and history of the statute and the intent of Congress, the court attempted to interpret the statutory language. The court found that the goals of the DMCA were to establish a balance between the competing interests of content owners and information users and balance access control measures with fair use. Chamberlain had the burden to prove that (1) they had ownership of a copyrighted work, (2) it was controlled by a technological measure that was circumvented, (3) third parties can access