DVD copy co sues movies studios
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