OK, this seems { NYT article } like an interesting twist on the normal stuff about DMCA.

The company says that because the companies are avoiding use of its purportedly effective product, they are violating the DMCA.

Hmm – I can see how they might argue generically that the companies have an obligation to protect digital rights, though even that’s a complex issue since the violation does not come so much from the lack of protection as from the theft.    Can a lock company sue me because I did not use their lock and then I got robbed?

Verdict:  This suit will be thrown out immediately but will win a lot of free publicity for them.