on contained in subparagraph (A) shall not apply to such users
with respect to such class of works for the ensuing 3-year period.

(E) Neither the exception under subparagraph (B) from the applicability
of the prohibition contained in subparagraph (A), nor any determination
made in a rulemaking conducted under subparagraph (C), may be used as a
defense in any action to enforce any provision of this title other than
this paragraph.

(2) No person shall manufacture, import, offer to the public, provide,
or otherwise traffic in any technology, product, service, device,
component, or part thereof, that-

(A) is primarily designed or produced for the purpose of circumventing a
technological measure that effectively controls access to a work
protected under this title;

(B) has only limited commercially significant purpose or use other than
to circumvent a technological measure that effectively controls access
to a work protected under this title; or

(C) is marketed by that person or another acting in concert with that
person with that person's knowledge for use in circumventing a
technological measure that effectively controls access to a work
protected under this title.

(3) As used in this subsection-

(A) to "circumvent a technological measure" means to descramble a
scrambled work, to decrypt an encrypted work, or otherwise to avoid,
bypass, remove, deactivate, or impair a technological measure, without
the authority of the copyright owner; and

(B) a technological measure "effectively controls access to a work" if
the measure, in the ordinary course of its operation, requires the
application of information, or a process or a treatment, with the
authority of the copyright owner, to gain access to the work.

(b) Additional Violations. (1) No person shall manufacture, import,
offer to the public, provide, or otherwise traffic in any technology,
product, service, device, component, or part thereof, that-

(A) is primarily designed or produced for the purpose of circumventing
protection afforded by a technological measure that effectively protects
a right of a copyright owner under this title in a work or a portion
thereof;

(B) has only limited commercially significant purpose or use other than
to circumvent protection afforded by a technological measure that
effectively protects a right of a copyright owner under this title in a
work or a portion thereof; or

(C) is marketed by that person or another acting