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Judge: 321 Studios must stop selling DVD X Copy

20 February 2004 14:39 by Petteri "dRD" Pyyny | 41 comments

Judge: 321 Studios must stop selling DVD X Copy After eight months of waiting, San Fransisco federal judge Susan Illston delivered her ruling on high-profile case where Hollywood studios have sued an American company, 321 Studios, that develops tools that allow breaking the copy protection mechanisms found on DVD movie discs.

Judge ruled against 321 Studios' arguments that DVD rippers, as the copy-protection cracking tools are called, help people to use their legal right to backup movies that they own. She said that the copyright law, namely the DMCA legislation, makes it clearly illegal to sell or distribute tools in the United States that allow breaking technical copy protection mechanisms.

"It is the technology itself at issue, not the uses to which the copyrighted material may be put," she wrote. "Legal downstream use of the copyrighted material by customers is not a defense to the software manufacturer's violation of the provisions (of copyright law)."

The ruled that 321 Studios has to stop selling the software, DVD X Copy, within seven days in the United States. Company has the choice of replacing the product with a similar tool that doesn't include the ripper, the part that allows breaking the copy protection mechanism called CSS.

321 Studios immediately announced that they would ask for an emergency stay from courts and would appeal the ruling as well. Company president, Robert Moore said "We can't just lay down for this. It is too important for the consumer; it is far too important to the evolution of our culture...We think the final battle will be fought at the Supreme Court or at the congressional level."

Obviously, the MPAA praised the ruling stating that the ruling "...sends a clear message that it is essential for corporations to protect copyrighted works while facilitating the enjoyment of entertainment offerings through new digital technologies."

However, it is likely that the ruling doesn't really change anything at all even if 321 Studios don't get the emergency stay they're asking, as there are free tools like DVD43 that replace the ripper part of the DVD X Copy software smoothly -- and also world is already almost over-saturated with wide variety of free and commercial DVD rippers.

More information:

News.com
DVD X Copy forums


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Related articles:

  • MPAA sues chipmakers (24 August 2004)
  • 321 Studios shuts down (2 August 2004)
  • 321 Studios forced to cut down (2 June 2004)
  • Studios sue retailer for selling DVD X Copy (28 May 2004)
  • Preliminary injunction against 321 Studios' DVD X Copy (20 May 2004)
  • Court grants a temporary stay in 321 Studios' NY case (9 March 2004)
  • 321 Studios loses second court case (4 March 2004)
  • Appeals court overturned DeCSS decision (27 February 2004)
  • DVD X Copy's ripping functionality to be removed (26 February 2004)
  • Australian retailer forced to pull DVD X Copy (16 February 2004)
  • DVD CCA sued 321 Studios (13 February 2004)
  • Macrovision sues 321 Studios (7 January 2004)
  • $1M donation from 321 Studios to E.F.F. (13 November 2003)
  • 321 Studios fights lawsuit in UK (24 October 2003)
  • Studios sue DVD backup tool distributors (18 September 2003)
  • Warner sues 321 Studios Europe (2 September 2003)
  • Studios seek to ban DVDXCopy (20 December 2002)
  • DVD Copy Plus makers challenge DMCA (23 April 2002)
  •  

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    Discuss this article!  There are more user comments available, read them here
    michoel46 (Inactive) 22 February 2004 0:41 Send private message to this user   
    I,Have used dvdxcopy since it came on the market,and have bought almost every product they offer,with no problems what-so ever that I could not fix on my own!people that bad mouth dvdxcopy i.e.321 studios are the kind of individuals who blame the software for thier own failings and lack of expertease.If 321 was to go out of business,one of the early pioneers of home DVD duplication will be lost...RABBI M.D.Holland

    This message has been edited since posting. Last time this message was edited on 22 February 2004 0:50

    Lawman (Senior Member) 22 February 2004 2:32 Send private message to this user   
    dRD Quote { Luckily all the major DVD ripping sites are located outside States, including ours which is located in Finland/European Union :-) }

    Aren't We in the same Pot, I know that our UK government has signed up to the New European Directive..

    Making it illegal even to discuss ways of copying (backing up),
    On top of that, we have never had the right to make back ups anyway...

    Not that we will ever take notice, we do what we have to do... :)

    This message has been edited since posting. Last time this message was edited on 22 February 2004 2:34

    dRD (I hate titles) 22 February 2004 2:39 Send private message to this user   
    Lawman: The EUCD (European Union Copyright Directive) makes it illegal to distribute, sell or advertise tools or devices that allow circumventing technical copy protection mechanisms, so yes, you're sorta right.

    But, it is upto each member country of EU to decide how they implement such measures to their legislation. Germany took the crazy route and outlawed everything that even remotely links to circumvention of copy protection mechanisms, including discussing and guiding such process.

    UK is craziest of all western countries, in the UK -- EVEN BEFORE EUCD -- legislation doesn't recognize "fair use" rights at all. I.e. copying your non-copy protected CD to your MP3s to use in your digital audio player is illegal, downloading music from P2P networks is illegal and backing up your DVDs is illegal as well.

    Finland hasn't bothered implementing the EUCD yet to the legislation, so for the time being, it is perfectly legal to distribute DeCSS-capable tools in Finland. And via EFFi (Electronic Frontier Finland -- http://www.effi.org/), guys are trying to pressure parliament to implement the legislation as liberally as possible, hopefully allowing freeware DeCSS tools to exist and to allow distributing such tools for research purposes, etc.

    Petteri Pyyny
    Webmaster
    http://AfterDawn.com/


    Please read our guides before posting questions! Guides are available here:
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    Lawman (Senior Member) 22 February 2004 3:20 Send private message to this user   
    dRD..

    Looks like we will all have to Claim Asylum, In Finland then, hows your Benefits System :)
    dRD (I hate titles) 22 February 2004 3:23 Send private message to this user   
    Not a good idea, upto 59% income taxation :-) Better yet, need to find an asylum in country that doesn't belong to USA or EU.. Switzerland, maybe?

    Petteri Pyyny
    Webmaster
    http://AfterDawn.com/


    Please read our guides before posting questions! Guides are available here:
    http://www.afterdawn.com/guides/
    joski (Inactive) 22 February 2004 4:47 Send private message to this user   
    I hope 321 is deleting registered owners list before they ask for it. dont need those people coming after me
    dRD (I hate titles) 22 February 2004 5:28 Send private message to this user   
    joski: AFAIK, the issue is not about the legality to USE such products, the issue is about the legality to distribute or sell such products.

    At least in Europe, the EUCD doesn't make it illegal (although some EU member states have their own little additions to it) to USE copy protection circumvention tools, but it outlaws distributing -- what our site does -- and selling -- what 321 does -- such products.
    edgex (Junior Member) 22 February 2004 5:39 Send private message to this user   
    Does this ruling mean get your copy now before it's too late?

    edgeX
    taclark (Junior Member) 22 February 2004 6:02 Send private message to this user   
    I think the Judge was reasonable and had no other choice. She was faced with two laws that contradicted each other. To favor one, would invalidate the other. She actually supported both fair use and copy protection. {Unfortunately, fair use can hardly survive if copy protection continues to be endorsed.) At the Judge's level, what else could she do?

    What's encouraging to me is how long it took for her to come to a decision. I believe it indicates how difficult the issue is. Of course we all hope that in the end (the Supreme Court) fair use will be favored over the DCMA, although it seems unlikely. Relatively few people care or are even aware of their fair use rights.

    When I learned about Decrypter and Shrink, I felt scammed by 321 Studios. But later, I felt satisfied that I had financially contributed to their legal battle which is all about defending our rights. We should be glad for that.

    If you think education is expensive, try ignorance. Help! Please educate me.
    Hellion (Inactive) 22 February 2004 7:46 Send private message to this user   
    Excuse my ignorance, but I read on the Yahoo news page that the company (321Studios) claimed the DMCA allowed DVD copying if the copies were designed for the sole use of the owners. Does the DMCA actually have language that allows this? If that is the case then it seems like you could sue the studios for encrypting the DVD’s and trying to circumvent the end users rights. Acutally, It all seems kind of like a moot point to me as anyone can download DVD Shrink and DVD Decrypter for free.

    pcshateme (Inactive) 22 February 2004 8:05 Send private message to this user   
    i commend 321 for fighting for our fair use rights but i still think DVD Shrink is better. And i dont know about the UK, but in 1980 there was a Supreme Court case against the BETA MAX(vcr prequel) and it ruled that we could legaly make copies of programs we have purchased and have the right to record tv programs for non profit purposes.
    andmerr (Inactive) 22 February 2004 11:07 Send private message to this user   
    well i dont like our chances after the government signed that free trade with the usa, i guess i'll be leaving australia and heading for finland as we probably will be there next target.
    pcshateme (Inactive) 22 February 2004 11:14 Send private message to this user   
    the gov't should just relize that if they make it illegal- MORE PEOPLE WILL WANT TO DO IT
    and there will be more programs like x copy in the future- like NAPSTER- shortly after it was sued- like 10 other P2P programs sprouted up.

    check out my site http://www.backupguides.vze.com for free software and illustrated guides on copying DVDs to DVD, to CD, and other copying stuff.
    taclark (Junior Member) 22 February 2004 16:58 Send private message to this user   
    Withdrawn
    If you think education is expensive, try ignorance. Help! Please educate me.

    This message has been edited since posting. Last time this message was edited on 22 February 2004 19:09

    p200002 (Junior Member) 23 February 2004 8:16 Send private message to this user   
    As soon as Americans elected George W Bush as their president, this country of freedom was dead, fullstop. Don't expect there will be any turnaround in any cases regarding DMCA/RIAA/MPAA.

    This message has been edited since posting. Last time this message was edited on 23 February 2004 8:24

    pcshateme (Inactive) 23 February 2004 9:49 Send private message to this user   
    this isnt a political forum and like it would have been any different with that fucking robot gore?

    check out my site http://www.backupguides.vze.com for free software and illustrated guides on copying DVDs to DVD, to CD, and other copying stuff.
    p200002 (Junior Member) 23 February 2004 17:11 Send private message to this user   
    I know we should not talk about politics here. I am not American, it's even more inappropriate discussing American politics. However, my point is, we should not isolately criticize this MPAA/RIAA issue. Because the governing party is the Republic and the president is GWB, I know they are very "rightest" and very conservative. They will not tolerate any innovations that will hurt their benefit. MPAA/RIAA are very "right" too. The judge is affected by this sociaty. So, this ruling is obvious and inevitable.
    pcshateme (Inactive) 23 February 2004 17:26 Send private message to this user   
    no- obviously the RIAA is very leftest. Thats why music by liberal artists always gets good reviews and is played nonstop on the radio even if it sucks- and right wing music is always shit on even if its good. If you cant tell the media is EXTRREMELY LEFT WING you need to pull your head out of your... thats why shitty movies made by michael moore get rave reviews like bowling for columbine (witch sucked) while everyone beats down fox news for supporting bush. And if you are not American than you know nothing about whats going on here cause no offecnce- but Europe is the most liberal place on the planet. The only reason why europe did not help us (other than england) when we went to Iraq is because they had MASSIVE oil contracts with iraq and did not want to loose them. Who cares about WMDs we stoped an evil dictator from killing and toturing hundreds of thousands of MORE people. If you think that thats WRONG than you have suffered a SERIOUS lack of judgement.

    BACK ON TOPIC HERE- Theres no way that 321 will lose this case.

    check out my site http://www.backupguides.vze.com for free software and illustrated guides on copying DVDs to DVD, to CD, and other copying stuff.
    andmerr (Inactive) 23 February 2004 23:07 Send private message to this user   
    hey guys really if you want politics come to australia we got bushs lap dog here .(maybe we should stay on topic)

    hopefully 321 wont lose in this titanic battle against the barbarian hordes

    This message has been edited since posting. Last time this message was edited on 23 February 2004 23:11

    pa104inf (Member) 24 February 2004 4:04 Send private message to this user   
    First let me say, I am a conservative who generally supports Bush (though generally he is not conservative enough for me.) but I believe these decisions have very little to due with left or right. The MPAA has money and the clout to influence judges and politicians exclusive of their bias (money talks as the saying goes). Generally speaking, I would rather keep politics off this forum unless some politician actually steps in and influences decisions or something like that and then it would be appropriate to talk about bias, etc. I don't care whether you like Bush or not these decisions have very little to due with him (I believe the law was passed before he ever came into office).

    This message has been edited since posting. Last time this message was edited on 24 February 2004 4:19

    dRD (I hate titles) 24 February 2004 4:14 Send private message to this user   
    No politics, please.

    Petteri Pyyny
    Webmaster
    http://AfterDawn.com/


    Please read our guides before posting questions! Guides are available here:
    http://www.afterdawn.com/guides/
    Rodgers (Inactive) 24 February 2004 4:37 Send private message to this user   
    There are scores of chatrooms to air your political views. Let's use this Forum for the purpose intended.
    Regards to All!
    Rodgers
    pcshateme (Inactive) 24 February 2004 9:49 Send private message to this user   
    okay than

    check out my site http://www.backupguides.vze.com for free software and illustrated guides on copying DVDs to DVD, to CD, and other copying stuff.
    ascheri (Newbie) 26 February 2004 20:20 Send private message to this user   
    I have several different DVD players and have store boughten DVDs that do not read correctly but after making a copy w/dvd x copy they read correctly. If the movie industry will replace disk (lifetime warrenty) for the bad ones or ones that go bad after time. I would not need to make copies so that I can enjoyed the DVDs that I buy outright. I do not make copies for anyones use other than myself and believe those that are making copies for piracy should and will be punished for it. They tried to do the same thing with VCR. It was decided that copying for own personal use was ok. But not ok for profit (resale) or what is known as piracy. I do not see any difference between doing it for any media whether VCR, DVD, CD , MP3 etc. etc. The criminals will always find devices to bypass any safeties developed by industry
    hijacker (Inactive) 24 August 2004 5:08 Send private message to this user   
    Thank god it's over.Personally I really don't care that they stop selling this software.For one, it was overpriced.Two: half the people who used it never got it to work anyway like me for an example.And three, the tech support sucked.Robert Moore wanted people to support him for a quick buck when he can't support the people that bought the software.
    ascheri (Newbie) 24 August 2004 8:15 Send private message to this user   
    if most of the world makes it ill-eagle. 3rd world nations can ok it and make a small fortune doing it and use the money to finance whatever they want. most will buy from them. I will buy used copies when I can. backup those that I can't buy used and will not ever sell my backup. blackmarketing is not legal and should be punished. I have also found that compressing a copy to fit on 4.7 gb disk is not as good as an original 7-11 gb disk. most dvd players have hard time w/compressed files.
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