WIRED's Declan McCullagh reports that the US Court of Appeals, 2nd Circuit has declined en banc review of a panel decision finding in favor of the MPAA's DMCA case against 2600 magazine for distributing DeCSS (2600's DMCA Challenge Blocked). Whether to seek certiorari for a challenge in the Supreme Court will be a tough decision for 2600 and the EFF, which is defending them. My call would be to refrain until there have been other cases testing the constitutionality of the DMCA with more favorable opinions and/or facts. The decision in Eldred v. Ashcroft will also have a large effect on future challenges to the DMCA.
In related news, Declan also reports on a pro-DMCA party held in Washington (The DMCA Is the Toast of D.C.). Actually, the one hour reception does not sound like it was particularly well attended. Jamie Love noted an interesting fact about the countries who signed the treaties that were being celebrated at the hoedown - they were mostly developing nations without significant global IP interests ( Jamie Love on DMCA hoedown, party on Capitol Hill this Thursday).