Comment by phire

No, on appeal the simple checksum was ruled to NOT be an effective measure. [0]

And while courts might have ruled that a CAPTCHA might count as a "technological measure" they haven't gotten as far as ruling them as "effective" yet.

But in general yes. The protection scheme doesn't need to be well designed or free of design flaws to count as "effective". But from what I can tell, it does need to be a valid attempt at some cryptographic scheme requiring a secret known only to the copyright holder.

[0] https://law.justia.com/cases/federal/appellate-courts/F3/387...