Declan is following..

] I should clarify one point. I (and some of the reports I
] forwarded) said the DMCA was one of the claims in the
] suit. That's incorrect. It was one of the points made in
] the lawyer nastygram but it was not part of the complaint
] and therefore not considered by the judge in granting
] the injunction.

Also see: http://www.politechbot.com/p-04653.html

politechbot.com: DMCA not part of judge's Interz0ne order over security flaws