But if that interpretation does hold up in the courts, it could lead to a very slippery slope where it becomes illegal to refuse to consume specific content. The equivalent of not being able to change the channel on the TV or go do something else when the adverts start, or even... just close one's eyes and ears.
Yes, it does seem like a bizarre legal theory, since a simpler way to bypass the anti-adblock would be to disable the adblock. That is, it would be a DMCA violation to not block ads, since by not blocking ads you're bypassing the anti-adblock and watching the content!
I could see ad blocking spun as an unauthorized derivative work.
"...Prohibited acts therefore include descrambling a scrambled work, decrypting an encrypted work, or otherwise avoiding, bypassing, removing, deactivating or impairing a technological measure without the authority of the copyright owner..."
It likely wasn't functionalclam.com itself that filed the request. Rather, the owner of a site that uses some ad tech hosted there is likely claiming that EasyList is aiding in the impairment of a technological measure they implemented, which according to this interpretation, is a violation of the DMCA.
It would likely be an interesting court battle, but apparently isn't one that the EasyList folks are willing to defend at the moment.
Could my comment "Everyone, please block functionalclam.com" also be subject of a DMCA takedown request then?
People have trouble conceptualizing small probabilities, so that minimum threshold of choosing A and being wrong times "all the money in the world"[1] might be > $500, so it's always rational[2] to delete your comment if you don't want to schedule time with a lawyer.
[1] http://www.pcworld.com/article/223431/riaa_thinks_limewire_o...
1. http://blockadblock.com/adblocking/is-adblock-plus-violating...