Downloading audio and video is prohibited by YouTube’s terms of service but there are numerous ‘stream-ripping’ sites available on the web that do just that.To grant Yout a judgment that its service doesn’t violate the DMCA, it needed to show that YouTube’s videos are not protected by a “technological measure” that “effectively controls access” to copyrighted works.After weighing the evidence, Judge Underhill concludes that YouTube’s relatively basic ‘rolling cipher’ protection is indeed a technological measure.“[The] allegations that YouTube does not have a DRM regime nor any ‘password, key, or other secret knowledge’ do not compel the conclusion that YouTube lacks a technological measure, just that it lacks the specified technological measures,” Judge Underhill adds.Indeed, Yout clarified at oral argument that Yout creates combined audio/video files using ffmpeg software, which is not alleged to be part of the steps Yout ‘automates’ in the Second Amended Complaint.” Based on these and other arguments, Judge Underhill concludes that Yout failed to show that there “is nothing to bypass” or that YouTube lacks a “technological measure,” as defined under the DMCA."