This is one of those areas where I'd say it comes down to your lawyer. I agree with the general premise being presented, that sometimes the tech community tries

This is one of those areas where I'd say it comes down to your lawyer. I agree with the general premise being presented, that sometimes the tech community tries to use technology to circumvent problems that aren't technological. That being said, in this specific instance the most effective defense would probably be something to the extent of "Your honor, based on the advice of my legal staff and my own understanding of the law, I was not in direct violation of the DMCA. For this reason, it seemed only logical that the issue must have been that the manner in which I was operating was the problem and not the outcomes of my operation. For this reason, in an attempt to comply with the notice I received, I revised my software to remedy what I understood to be the problem."