321 Studio Looses First Round

[sammie]

Movie Industry Wins DVD Copying Suit
5 minutes ago Add Entertainment - Reuters Industry to My Yahoo!



LOS ANGELES (Reuters) - A federal court has ruled that privately held 321 Studios must stop making software that allows users to copy DVDs, handing Hollywood's major movie studios a victory in their ongoing battle against copyright piracy.



"This court enjoins plaintiff 321 Studios from manufacturing, distributing, or otherwise trafficking" in the software, Judge Susan Illston of U.S. District Court in San Francisco, wrote in her ruling.


A spokesperson for privately held 321 Studios was not immediately available to comment.


At stake in the legal battle between 321 and Hollywood's studios were potentially billions of dollars in lost revenue if DVD copying software such as 321's DVD Copy Plus and DVD X Copy were allowed to be sold, the studios had argued.


The studios and their trade group, The Motion Picture Association of America, claim the industry loses as much as $3 billion a year from the copying of analog videotapes.


The film industry is worried it could lose even more money if digital copies of movies are allowed to proliferate more widely on black markets and on the Internet.


The case had tested the limits of 1998's Digital Millenium Copyright Act, which protects copyright holders from illegal copying of movies, music, books and TV shows, among other creative content.


321 Studios had argued its software protected DVD owners because it gave them the ability to make copies in case their original DVDs were destroyed and the company claimed the DMCA allowed the copying DVDs if copies were designed for the sole use of the owners.


The studios had countered that 321's software circumvented special software encryption codes that protected the DVDs from being copied and therefore violated the DMCA.

[red lion]

This is bad news maybe there will be an appeal..so does this apply only to 321 studios or all dvd backup software

[FulciLives]

321 Studios had argued its software protected DVD owners because it gave them the ability to make copies in case their original DVDs were destroyed and the company claimed the DMCA allowed the copying DVDs if copies were designed for the sole use of the owners.

The studios had countered that 321's software circumvented special software encryption codes that protected the DVDs from being copied and therefore violated the DMCA.

Hmmm ... so we are allowed to make a back-up copy for ourself but we are not allowed to break the code that prevents us from creating said back-up.

BULLSHIT !!!

Something has got to give here with this whole copyright stuff.

- John "FulciLives" Coleman

[YngwieJM]

I only make DVDs and VCDs of my own vidcam shot footage but I have to wonder something. Is the industry really "losing" money that wouldn't be spent on their movie in the first place? Are people only copying movies that they would buy if they couldn't copy it? Or are they just copying it because they can? I'd be willing to bet that many movies are copied by people that wouldn't be spending their money on them if they couldn't copy them. KnowhatImean?

[FOO]

They are people that have no ethics or morals. They just want to win
if they have to lie , cheat , and steal to do it.

[paulw]

If I were 321 Studios I would release the source code as open source and then watch the studios go like headless chickens trying to sue the pants off any site that hosted the software.

[Greg12]

as long as vobdec and DeCSS exist we can make backups.

[Kolosus]

The studios and their trade group, The Motion Picture Association of America, claim the industry loses as much as $3 billion a year from the copying of analog videotapes.

Nothing but more thoroughly bloated loss figures and propaganda from the terrorists in our own back yard.

If I were 321 Studios I would release the source code as open source and then watch the studios go like headless chickens trying to sue the pants off any site that hosted the software.

I like the way you think. Good geurilla warfare tactics.

[MrMungus]

This is bad news maybe there will be an appeal..so does this apply only to 321 studios or all dvd backup software

It's bad news for anyone who makes similar software. Precedent.

However, I do wonder if 321's troubles are a result not of its product as much as its marketing.

[MrMungus]

321 Studios had argued its software protected DVD owners because it gave them the ability to make copies in case their original DVDs were destroyed and the company claimed the DMCA allowed the copying DVDs if copies were designed for the sole use of the owners.

The studios had countered that 321's software circumvented special software encryption codes that protected the DVDs from being copied and therefore violated the DMCA.

Hmmm ... so we are allowed to make a back-up copy for ourself but we are not allowed to break the code that prevents us from creating said back-up.

BULLSHIT !!!

Something has got to give here with this whole copyright stuff.

- John "FulciLives" Coleman

Can someone point me to where the DMCA says that people who buy DVDs are allowed to make backup copies. Thanks!

[Jo]

321 STUDIOS WILL APPEAL COURT RULING


From 321 Studios


ST. LOUIS – February 20, 2004 – 321 Studios (321) will appeal today's ruling of the Northern District Court of California's Judge Susan Illston, and will seek a stay during the appeal process.

“Despite today's ruling, 321 stands firm in our vow to fight the Hollywood Studios in their effort to take away our customers' digital rights ,” said Robert Moore, Founder and President of 321 Studios. “There is no difference between making a copy of a music CD for personal use and making a backup of a DVD movie for personal use. We are so firm in our belief in the principle of fair use that we will appeal this ruling immediately. And we will take our fight all the way to the Supreme Court, if that's what it takes to win.”

Judge Illston found 321's software in violation of section 1201 of the Digital Millennium Copyright Act, and enjoined 321 from manufacturing, distributing, or otherwise trafficking in any type of DVD circumvention software as of seven days from today.

The current version of 321's DVD X COPY series will be available for sale for the next seven days. If 321 has not succeeded in obtaining a stay by that time, 321 will comply with the court order and replace the current version with product that does not include a “ripper,” the software code temporarily banned by today's ruling.

In addition, 321's newest titles – GAMES X COPY , DVD X SHOW, DVD X MAKER, and DVD X POINT – will still be for sale through the company's website ( www.321studios.com ), and at major retailers.

About 321 Studios

321 Studios provides software tools to help consumers protect their investment in digital media, and is the leading provider of DVD backup, recovery, and creation software. Founded in 2001, 321 Studios' premier DVD backup title, DVD X COPY PLATINUM , is one of PC Magazine's ‘Best Products of 2003'. The company is privately headquartered in St. Louis , Missouri , with distributors and sales offices throughout Asia-Pacific, Europe , and the United States . For more information, please visit www.321studios.com .



About 321 Studios' DVD Piracy Prevention Program

321 Studios is working to protect consumers' fair-use rights while preventing the illegal use of its products, and has established its Piracy Prevention Program so that people can easily report digital piracy and misuse directly to 321 Studios. Contact 321 Studios by calling the Piracy Prevention Hotline at 636-720-3769, or email the company at AntiPiracy@321studios.com . Individuals will be contacted and $10,000 reward paid if government authorities successfully prosecute the copyright infringer.

[handyguy]

If they don't win they are gonna give the world a serial number that activates every copy of their software for free. I remember reading this about a year ago so we see.

[MOVIEGEEK]

"The current version of 321's DVD X COPY series will be available for sale for the next seven days. If 321 has not succeeded in obtaining a stay by that time, 321 will comply with the court order and replace the current version with product that does not include a “ripper,” the software code temporarily banned by today's ruling. "

No problem just use DVDDecrypter or SmartRipper.

MrMungus is correct,the only legal way of backingup a DVD is to capture analog.

[elmotheteapot]

This is bad news maybe there will be an appeal..so does this apply only to 321 studios or all dvd backup software

Tha majority of the public (ie ppl who got a burner in their latest computer buy) dont know about software like dvddecrypter etc, the thing is 321 studios products are sold in many stores, and are well known.

[racerxnet]

I can't eat ethics, but I can eat Morel's

[angryinch]

321 Studios had argued its software protected DVD owners because it gave them the ability to make copies in case their original DVDs were destroyed and the company claimed the DMCA allowed the copying DVDs if copies were designed for the sole use of the owners.

The studios had countered that 321's software circumvented special software encryption codes that protected the DVDs from being copied and therefore violated the DMCA.

Hmmm ... so we are allowed to make a back-up copy for ourself but we are not allowed to break the code that prevents us from creating said back-up.

BULLSHIT !!!

Something has got to give here with this whole copyright stuff.

- John "FulciLives" Coleman

Can someone point me to where the DMCA says that people who buy DVDs are allowed to make backup copies. Thanks!

DMCA is completely different. It has absolutely nothing to do with whether or not we can make backup copies. Your question is kind of like asking where does it say in traffic laws that buying a car is legal? One thing has nothing to do with the other.

For laws governing backup copies, see "fair use doctrine" and also look up the landmark Betamax case. Our rights to make backup copies of the content contained on media we buy were granted long before the DMCA had even been thought of.

[zorankarapancev]

See this game with words:

"They are LOSING MONEY!"

No! That is not correct. The correct statement should be: They are NOT MAKING MONEY as mach as they want and as they have projected to make!
And please, don't quote me and don't tell me that there is no difference in this two statements!

Now about Democracy:

From now on, the judges will tell us which computer programs are GOOD and which are BAD for us! As a good citizens we should accept those decisions religiosly and never question their authority over our intelectual freedom! More and more our world look like the one from the Orwell's books.

If we will let this go on without making any effort to stop it, soon we will have to ask judges for permition to read, write, sing and talk what WE WANT and WE THINK that is IMPORTANT for US!
And please, don't quote me and don't tell me that I promote anarchy!

[MrMungus]

321 Studios had argued its software protected DVD owners because it gave them the ability to make copies in case their original DVDs were destroyed and the company claimed the DMCA allowed the copying DVDs if copies were designed for the sole use of the owners.

The studios had countered that 321's software circumvented special software encryption codes that protected the DVDs from being copied and therefore violated the DMCA.

Hmmm ... so we are allowed to make a back-up copy for ourself but we are not allowed to break the code that prevents us from creating said back-up.

BULLSHIT !!!

Something has got to give here with this whole copyright stuff.

- John "FulciLives" Coleman

Can someone point me to where the DMCA says that people who buy DVDs are allowed to make backup copies. Thanks!

DMCA is completely different. It has absolutely nothing to do with whether or not we can make backup copies. Your question is kind of like asking where does it say in traffic laws that buying a car is legal? One thing has nothing to do with the other.

For laws governing backup copies, see "fair use doctrine" and also look up the landmark Betamax case. Our rights to make backup copies of the content contained on media we buy were granted long before the DMCA had even been thought of.

Someone said DMCA allows video to be copied. That's why I was asking about the DMCA.

So...any links to where the law says it's legal to backup videos?

TIA

[Rookie64]

So...any links to where the law says it's legal to backup videos?

TIA

Ask TechTV - was just waching 'em yesterday, they had some news on about piracy, and stated that a judge said it is perfectly legal to make backups of any or all of your DVDs.


If you want more specifics, check their site or ask them yourself.


I've yet to see anywhere but on this forum where it is stated that making backups is illegal.


If you ever have seen The Screen Savers show on Tech TV, they often tell viewers that they can make backups of their DVDs.
They'll throw in a "do not steal, it's bad karma" on the show also...but usually for backing up games or music CDs.

[MOVIEGEEK]

Explains the US DMCA: www.gseis.ucla.edu/iclp/dmca1.htm

[racerxnet]

Laws are made to keep the good people in line, They already know the bad will break them. I guess we are all bad in the end, as the laws will eventually encroach upon all on earth, while the few will be above them all.

[FOO]

According to the religious nuts , we were all born bad.

[kirpen]

The library of congress had the chance to say that's it alright to bypass copy protection on dvds but they didn't. It may be nice to say we have the right to backup in theory but if we cant bypass the protection then its no right at all. I have little faith in the legal system since we know our government is bought and paid for by big business. At least the tools are out there and places like this exist to teach people like me how to use them.

[adam]

To put this case into perspective, this case was decided by the 9th Circuit. This Circuit has a history and a reputation for basically just doing the opposite of everyone else, and honestly they are kinda the laughing stock of jurisprudence. Now that's not to say this ruling is meaningless to anyone other than 321 Studios. It is definitely precedent, and assuming 321 doesn't get a reversal on appeal, it is bad news for those of us who believe that DVD copying is a protected Fair Use right...but honestly I don't think its that big of a deal. Its actually kinda good news in a way because some of the judges took an unexpected analysis. They said that we actually DO have a Fair Use right to backup legally owned DVDs (something which has never been adjudicated) but that enjoining DeCSS programs doesn't violate that right because its still possible to make analogue copies. (give me a break.)

As for the arguments for and against the legality of backing up a DVD, just do a forum search its been discussed numerous times. The short answer is no, there is no law or adjudicated right in the US which grants you the right to backup a DVD, but under Fair Use you have a strong affirmative defense to copyright infringment, and if Fair Use applies then you are exempt from the DMCA too, so basically its essentially legal...but not until a major court says so.

As much as I dislike 321 Studio's program and practices (they used to sell freeware and stolen guides) they are bringing this issue to light, and it needed to be done.

[adam]

Also to clear up some of the confusion above... its not that the DMCA grants a right copy anything, its that it has a specific clause which excludes its effect on any Fair Use protected right. So assuming Fair Use protects personal backups, then the DMCA does "allow the copying of DVDs if copies were designed for the sole use of the owners."

That is just a poorly summarized statement from the journalist.

[MeTaLgEaRsOoTy]

this is only a good thing,as 321's software is shite.
not worth the money at all,and theres better programmes out there that are cheaper and some that are free.

[djelimon]

What's the significance of this to a software vendor in say... Anitgua?

[makntraks]

For those wanting it for free - Here it is

ftp://products.321studios.com/6256/

I guess they decided to give it away!

Makntraks

[handyguy]

Yeah, where are you going to get a serial number for that ftp download which btw can take 22 hours cause everyone thinks its free but no one knows you still need that serial number.

[MrMungus]

some of the judges took an unexpected analysis. They said that we actually DO have a Fair Use right to backup legally owned DVDs

Where did you read this? I don't see it.