Search & fact check with cited sources for What legal argument did Apple make in its motion to dismiss the class action lawsuit filed by YouTube creators h3h3Productions, MrShortGame Golf, and Golfholics — who accused Apple of using automated tools to bypass YouTube's anti scrapi

• Apple contends that the creators voluntarily uploaded their videos to YouTube and made them accessible to anyone who could view the platform, so the videos were not behind a technological access barrier for DMCA anti-circumvention purposes ^L1.
• In Apple's framing, the DMCA's anti-circumvention theory fails because the videos were already publicly viewable, and Apple argues that accessing or downloading publicly available videos is not the same as bypassing a protected access-control measure ^L1.
• Apple also argues, in substance, that the plaintiffs are trying to treat YouTube's restrictions on scraping or downloading as DMCA access controls, while Apple says public viewability means there was no protected access gate to circumvent ^L1.
• Apple seeks dismissal of the creators' claims, and the available reports describe the motion as focused on the argument that publicly available YouTube videos are not protected by the DMCA theory pleaded by the plaintiffs ^L1.

The Broader 2026 Wave of Similar Lawsuits

Apple's argument appears in a broader wave of litigation over whether AI companies violated the DMCA by allegedly scraping YouTube videos or other online content for AI training ^RML1.

The Common Defensive Playbook

The available sources show a recurring defense theme: defendants argue that publicly streamed or publicly viewable YouTube videos are not protected by DMCA access-control provisions merely because YouTube has technical limits on scraping or downloading ^ML1.

• DMCA access control: Apple and Snap both argue, in effect, that public viewability defeats the plaintiffs' access-control theory ^ML1.
• Public access versus downloading limits: The defense position distinguishes between a barrier that keeps the public from accessing a work and technical restrictions that affect how content may be downloaded or scraped after it is publicly viewable ^ML1.
• Plaintiffs' counter-theory: The plaintiffs allege that Apple deliberately bypassed YouTube's technical anti-scraping measures to obtain large amounts of copyrighted video content for AI training ^1T.

Why This Matters

This is an important test of whether DMCA anti-circumvention claims can apply to publicly viewable online videos that are allegedly protected by technical anti-scraping or anti-download measures ^ML1. If courts accept Apple's and Snap's theory, the DMCA access-control claim would be harder to use against AI-training practices involving publicly viewable YouTube videos ^ML1. If courts accept the plaintiffs' theory, then bypassing YouTube's technical restrictions to scrape public videos could potentially support DMCA liability in this type of AI-training case ^1T.