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DVD copy co sues movies studios
By Jon Newton, p2pnet.net
(more articles from this author)
2002-04-25
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Music Industry News - as it happens
Source: Mi2N - April 23, 2002

321 Studios has filed a complaint against major motion picture production companies to, "thwart industry threats to stop the sale of the firm's DVD Copy Plus software for making backup copies of DVDs."

Named are MGM Studios, Tristar Pictures, Columbia Pictures, Sony Pictures Entertainment, Time Warner Entertainment, Disney Enterprises, Universal City Studios, The Saul Zaentz Company and Pixar Corporation as defendants

The complaint says the studios, acting in part under the auspices of the MPAA (Motion Picture Association of America) have threatened to sue 321 Studios and claim that the sale of DVD Copy Plus is illegal under the DMCA (Digital Millennium Copyright Act).

Filed in the Northern District of California, the suit challenges the constitutionality of the DMCA, passed in 1998 to address the issue of copyright protection for digital content.

Citing its free speech rights under the First Amendment, 321 wants a ruling that the sale of DVD Copy Plus doesn't violate key provisions of the DMCA or unlawfully aid consumers in infringing copyright privileges associated with material stored in the DVD format; and, a declaratory judgment to allow 321 Studios to continue selling DVD Copy Plus. No damages are sought.

"DVDs are notoriously susceptible to scratches, heat damage, loss and other problems, and our DVD Copy Plus software enables legal owners of DVD movies to protect their DVD investments by making legitimate backup or duplicate copies for their own use," said 321 President Robert Moore. "In our mind, this is no different than making an extra personal copy of a music CD, which is perfectly legal. We decided to proactively file this lawsuit not only to receive the courts' assurance that we are in compliance with the law but also to raise the broader question of how Americans' First Amendment rights can be protected in this digital age."

Related News from Mi2N:
» 321 Studios Files Complaint Against Nine Major Movie Production Companies


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