[myrmidon]

It seems difficult to argue that this would apply, because what would the "technological measure to control access" be that a bittorrent client (or tracker) is circumventing?

I also don't know of any precedent where bittorrent software/client itself was ruled illegal (but am not a lawyer).

[lacoolj]

The technological measure to control access is probably a crawler looking for standard download links for lawyers to send out C/D letters.

Good question though, would love to know what specific tech is in use (or if it's just "finding it on search engines organically")

[eli]

https://www.oyez.org/cases/2004/04-480