[Animats]

Two blogs deep is the actual lawsuit: [1] Here's the legal theory: "To the extent that Section 1201 forbids circumvention even where such activity would be a noninfringing use (such as a fair use), or facilitates other lawful uses, it undermines the constitutionally required balance between copyright liability and the First Amendment and thereby disturbs the traditional contours of copyright."

As a constitutional claim, that's weak, not being an absolute First Amendment claim. The courts tend to defer to Congress where there's a balancing test. But let's see what happens.

[1] https://www.eff.org/document/1201-complaint