321 Studio

CAn you Say Bye Bye;) This a just released Info for those who care for there stuff here you go
Judge finds DVD X Copy breaches DMCA

A Californian court has sided with the movie industry in a ruling involving 321 Studios, the maker of DVD backup software.
The federal court found in favour of MGM STUDIOS, which is leading the case, that 321’s software put it in breach of the Digital Millennium Copyright Act (DMCA).
The court ignored a claim for the ‘fair use’ of the software in making backups. Its ruling states ‘…the downstream uses of the software by the customers of 321, whether legal or illegal, are not relevant to determining whether 321 itself is violating the statute.’
The EFF (Electronic Frontier Foundation) criticised the ruling and called for reform of digital copyright law. ‘In passing the DMCA, Congress certainly did not intend to eliminate all consumer copying,’ said EFF Legal Director Cindy Cohn. ‘This court’s reading of the statute in the 321 Studios case allows a ban on any tool that enables consumers to copy their DVDs.’
321 Studios has now been ordered to stop selling its software within seven days, but the company is likely to appeal the ruling.
It was only last week that we reported on the launch of Games X Copy by 321 Studios - Games copying software launched in face of copyright threats. ‘We designed Games X Copy with the parent in mind,’ said Robert Moore, President and Founder of 321 Studios. ‘This software is easy to use, so making backups of PC games literally takes one click of a button,’ Moore continued. ‘We designed it for parents, but it is easy enough to use that even the kids could make the backup, and take it on vacation or to a friend’s house - and parents no longer have to worry about the original being damaged or lost.’
As we pointed out at the time, although there is logic in parents wanting to keep a copy of games that can cost ?40 a time, it is unlikely that games publishers will see it that way. Indeed, they are likely to be encouraged by the latest American ruling to take an aggressive legal stance.

I honestly though 321 would win.

I wonder which software companies will be next!?!.. DVD Dycypter could be ripe for the picking. The author surely has no lawyers to help defend him.
What about AnyDVD as well…


UPDATE 321 Studio
321 Studios to drop DeCSS support from its DVD copying software
Posted by Sean Byrne on 25 February 2004 - 00:24 - Source: The Inquirer

Despite the Judge’s ruling on 321 Studios, the company has announced that it will continue to sell its DVD-copying software but without the capability to descramble CSS protected DVDs. Consumers who plan on purchasing DVD Copy Plus or DVD X Copy from 321 Studios must obtain a separate descrambling utility online before they can duplicate a CSS protected video DVD.

321 Studios still try making it clear that DVD owners have the right to make back-up copies of their original discs, but as expected they also have tried their best to prevent consumers and themselves from conflicting with the law. GristyMcFisty submitted the following news from the Inquirer via our news submit :

321 STUDIOS, a maker of DVD-copying software said it would continue to sell a slighty modified product despite a ruling finding it in violation of the Digital Millennium Copyright Act.

Robert Moore, founder and president of the company, said it would remove the descrambling facility from its DVD Copy Plus and DVD X Copy and continue to sell them. Users would now have to obtain for themselves a separate descrambler from the Internet, he added.

Moore, said the ruling, “swings the pendulum of fairness toward the intellectual-property holders, and away from consumers. I think it’s swung too far the [wrong] way,” AP reported.

321 Studios maintains users have the right to make DVD copies for themselves in order to have back-up copies should the original disks become damaged.

But last week, San Franciscan. District Judge Susan Illston gave the company one week in which to stop making, distributing “or otherwise trafficking in any type of DVD circumvention software.”

It looks like anyone who tries making backup or copy utilities for copy protected DVD video and even CDs end up becoming enemies of the music and video industry. While the red book Audio CD standard provides very basic copy protection flags that only standalone consumer CD-duplicators make use of, it does not stop others from tampering with the standard to make non-standard copy protected Audio CDs as we see on sale across the music stores.

With 321 studios barred from using copy-protection circumvention in their software, it looks like anyone who also tries making utilities specifically aimed at ripping protected Audio CDs will face the same trouble. I wonder if PC CD/DVD drive manufacturers are conflicting with DMCA legislation by ‘correcting’ their firmware to read protected Audio CDs…

What use could DVDXCopy have now that it’s main part is stripped away. Hell,they can’t in good conscience call it by the same name since it no longer is the product. They need to know about DVD Shrink!!!

I am sure they know of all the other programs that can make back ups i just hope they do start going after all of them ,cause that would really suck:a

Eddie,Im sure you meant do Not:cool:

While I’m sure your right, that all utilities out on the net are being explored, 321 stands out for a couple reasons.

  1. They are commercial product activly marketed for profit.

  2. They have gained wide “name recognition” not just on the net but in print as well.

  3. They run their business right here in the states.

They basically, took a stand, and marketed a product they believe is fair, and said to the movie industry…“bring it on”.

This is one of 2 ways in the states to repeal, or change an existing law. To challenge it in the courts, and let the courts uphold or strike down the law. I was really hoping the judge would rule in favor of 321, the law is draconian. It’s not dead yet though, if they continue to appeal before they run out of money…this can yet turn in their favor…:slight_smile:

While I’m sure freeware products are not immune…I suspect commercial products are the target list for now. Wouldn’t be surprised to see Elby next in court…but who knows.

Long story short…So long as there are places like this for people to get together…there will always be ways to do the things we do… :bigsmile:

“Wouldn’t be surprised to see Elby next in court…but who knows.”

Well, the difference is that Elby’s CloneDVD does not break copy protection.

I think it’s a really bad idea to attack the most popular name in DVD Copy software (or any big name in anything) because they will have the most money (comparatively), they would be the toughest to beat.

ZigZagMan you are so dead right on this one…

It’s one thing to offer a program that needs two other programs to do what you need it to do (so pretty much 95% of population won’t be able to have it working), and it’s a different ball game to offer half-decent product that will work for most of the folks out there, and that can be bought at your local electronics store.