Counterargument: The FSF would get very mad if you made a DMCA 1201 claim based off GPL code. In fact, they explicitly put a "this software is not DRM" clause i

Counterargument: The FSF would get very mad if you made a DMCA 1201 claim based off GPL code. In fact, they explicitly put a "this software is not DRM" clause in GPLv3, to prevent exactly this kind of lawsuit. That being said, even in the alternate universe where Linus decided to relicense to GPLv3 + syscall exception[0], they could still make a normal infringement claim on the GPL copyleft. DMCA 1201 claims are just a really ironic thing to add to such a lawsuit. [0] TiVo clause be damned