>>...technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
What DRM is a browser bypassing? As if you control some that is being bypassed by a browser, you're free to sue.
Every browser pretends to be all the browsers before it to get around restrictions on who can see/render content.
It's not copy protection. It may change the structure and content of the page that is sent but that is not copy protection.
It is though!
Often news websites use the user agent to detect e.g. the google crawler, and allow google to index the contents of news articles; but then throw up a paywall when anyone with a normal browser shows up.
I recall some news websites tried to threaten people making browser extensions with the DMCA/CFAA as they considered it working around their copy protection to illegally gain access to their content.
Source? I spent two minutes looking and failed to find anything like that, hardly an exhaustive search though.
Hard to argue a user agent could be DRM though, considering it's a string I the user send to the website.
The law doesn't say 'it's illegal to break a lock until it's been broken'.
But picking a crappy lock on a door you're not supposed to open is still a crime, regardless of how crappy the lock is.
> Further, you can buy a switch and never agree to any EULA or other contracts.
1201 doesn't require you to sign any conracts or agree to any EULAs. It's treated more like trespass.