And the HP and Lexmark toner cartridge cases which were just about embedded serialization
Yeah, no. This was specifically mentioned in the Lexmark v Static Control Components case. That was already dealt with in the 6th circuit and supported 9-0 by the SCOTUS. Copy of the decision.
Automobile manufacturers, for example, could control the entire market of replacement parts for their vehicles by including lock-out chips. Congress did not intend to allow the DMCA to be used offensively in this manner, but rather only sought to reach those who circumvented protective measures “for the purpose” of pirating works protected by the copyright statute. Unless a plaintiff can show that a defendant circumvented protective measures for such a purpose, its claim should not be allowed to go forward. If Lexmark wishes to utilize DMCA protections for (allegedly) copyrightable works, it should not use such works to prevent competing cartridges from working with its printer.
Yes it is a short line, but it seems rather bright-line to cite in this case.