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MPAA Prevails Against 321 Studios' DVD X Copy

Quok writes "Yahoo has the scoop. The article is short on details, but it seems the MPAA have succeeded in getting an injunction issued against 321 Studios, the makers of the popular DVD X Copy software, which allows consumers to make backup copies of DVD movies. Strike one for fair use."

13 of 347 comments (clear)

  1. This is bullshit by grioghar · · Score: 5, Interesting

    What am I supposed to do when I irrepairably scratch my favorite DVD? Go buy another one? That's crap. The primary function of this software is what? JUST to circumvent the antipiracy scheme, or is it to give someone the ability to backup that which they've already paid for.

    The fucks at the MPAA going to give me a new copy of Hackers on DVD if I accidently damage my old one? They obviously don't want me copying it for my safe keeping.

    Assholes.

    --
    Can you ping me now? Gooood! | Manhappenin.Net - Things to do
    1. Re:This is bullshit by Monkelectric · · Score: 5, Interesting

      I've got a better one then that -- my "American Beauty" DVD died of DVD Ro. Think Warner Brothers is going to replace it? :) I refuse to buy new one out of principle.

      --

      Religion is a gateway psychosis. -- Dave Foley

  2. Fair use? by roman_mir · · Score: 4, Interesting

    I was also trying to submit the same article.... I did some research, so a federal judge decided for the MPAA and against the 321 Studios DVD Copying software. MPAA argued that DMCA prohibits anyone to go around an encryption scheme (effective or not) the CSS. It looks like the 321 Studios is selling software that can copy DVDs onto other DVDs and also onto your harddrives in some file format. However, the software is also capable of selecting which features, languages etc. will be copied so it looks like the software actually does CSS decryption in order to go this extra steps. Maybe in this case DMCA does apply. If this is the truth, the software will have to be changed to only allow bit by bit copying in order to allow fair use and at the same time to comply with the DMCA.

    BTW. on the 321studios.com Flash is required for navigation, I personally see it as the grounds for shutting that company down, not only prohibitting their software

  3. The Real Danger? by Tamor · · Score: 4, Interesting

    I doubt the injunction will stop the inevitable availability of this software on just about any file-sharing service you care to name. What it might stop though is legitimate companies developing software like this so that you, I and anyone else can exercise our right to make working backups of the software, movies or anything else that we've purchased.

    After all why would anyone want to spend time, effort and money developing software that allows people to do sensible, legal things with their property if the MPAA, RIAA or anyone else with a big enough cheque book is going to shut them down before they get going? Chalk up another victory for big corporations in their seemingly unstoppable war against the rights of the law abiding majority in their pursuit of the lawless minority.

  4. Re:The right to make a backup hangs in the balance by lavaface · · Score: 5, Interesting
    I think the industry's response to this will be some sort of mail-in program if your DVD is scratched. Some studios actually already do this. Of course, if your movie is stolen, you may be SOL. Unless you have a receipt and/or register your DVD. It seems reasonable enough to me, I think a judge might accept it.

    That being said, the cat is out of the bag and the movie industry will have to wait until the next generation of copy protection when DVI connectors become more common.

  5. Then they had better replace ruined discs by Anonymous Coward · · Score: 5, Interesting

    If I can legally make a backup copy but I can't legally obtain the means to do so, well that's just the same as it not being legal for me to make a backup copy, isn't it?

    The point has been made before-- if we're only buying a license to view/hear the content on a disc as the RIAA/MPAA maintain, then we should definitely be owed replacements (if not free, then for the cost of the media only) when something bad happens to a disc we possess and renders it unusable.

    That is a class-action lawsuit I'd like to see... where a bunch of people with ruined CDs/DVDs sue to force the producers to provide minimal-cost replacement media-- and not just for the members of the class, but for everyone, in perpetuity.

  6. Appeal? by and+by · · Score: 5, Interesting

    They really should appeal. Sure it will cost a goodly sum in lawyers' fees, but the 9th Circuit (if you get the right judges) is quite liberal in terms of personal rights.

  7. Mencoder rocks by October_30th · · Score: 5, Interesting
    Mencoder rocks.

    I have ripped my entire library of about 70 DVDs into DivX with it. With a script you can just insert the DVD and walk away.

    It all began as an effort to be able to watch entire seasons of Simpsons, Futurama or Black Adder in one go without having to change discs and/or deal with cumbersome menus and copyright announcements that you can't fast-forward (FOX is particularly bad in this aspect).

    Now I've got a fanless VIA EPIA mini-ITX box connected to my TV with the media on a 250 GB portable hard drive. Interestingly, a cordless trackball mouse is actually a better remote than your ordinary remote control when you get used to it.

    --
    The owls are not what they seem
  8. Repeat after me... by teetam · · Score: 4, Interesting
    You, the individual, do not own this country. You can sing "land of the free" all you want, but it remains in name only.

    To force your pet peeves and petty issues on everyone else, you constantly lobby to pass new laws that will arrest those whom you don't like. Consequently, the government has become bigger and bigger and no longer looks out for you.

    There was a time when the individual was bigger than the state, now he is just a slave.

    People, wake up and realize that the two points of opinion are not the left and the right. The struggle is between individual rights and the statists (which includes Democrats/liberal and republican/conservatives). And the statists have won in a big way.

    The greatness of a nation hinges on the freedom of its people. Welcome to the beginning of the end of the Great American Experiment!

    --
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  9. Having their cake... by Teppy · · Score: 4, Interesting

    When you buy a *thing* you can do with it what you want. For instance, if I buy a painting, I can publicly exhibit it all I want, I can draw a moustache on it, I can lend it to a friend.

    When you buy a license, you get a set of rights. So, if I buy a gym membership, I'm allowed to work out during gym hours, use a locker, swim in the pool. I'm not allowed to loan my membership card to a friend to use. If I misplace my membership card, that doesn't cancel my membership.

    It seems the MPAA wants it both ways: They want to be allowed to make all sorts of restrictions as if they were selling licenses, but want to pretend it's just a physical object they're selling when it comes to media damage, theft, and format changes.

    I say they play by the same rules as everyone else. Make it one or the other.

  10. Constitution... schmonstitution by superwiz · · Score: 5, Interesting

    Soviet Union had a Constituion that looked like a document fair to all the citizens of the country. But the Soviet Government constantly used lied (usually poorly disguised lies) to do whatever it felt was neccessary to stay in power. It still used its well-oiled propaganda machine to try to convince the dumbest 80% of the population that it was the most fair society in the wolrd.

    Sure US has a freedom of speech. Unless you want to discuss something that is not politically correct, or you happen to be a computer programmer communicating in a way that you find most expressive, or you happen to be a mathematician discussing mathematics (think cryptography), or a chemist discussing high-energy reactions (think explosives).

    It used to be that it was OK to tremple everyone rights legally as long as it was done to bring about safety. More and more it is done to bring about practical short-term solutions (read profit).

    But at least there is no slippery slope.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  11. Who cares? by real_smiff · · Score: 4, Interesting
    I use only freeware (mostly open source software) to make dvd backups - i suggest you all head on over to Doom9 and learn how to do the same. I don't make money from my backups either.

    Right on the front page (after updates to two similar products are mentioned btw!) they have the following interesting comment:

    Last but not least, 321 Studios have lost in court in the first instance. A San Francisco judge granted the MPAA an injunction against 321 Studios, barring them from selling their DVDXCopy products. While I have not been a fan of 321 ever since they started selling freeware software and a guide as DVD backup solution (note that the DVDXCopy products have actually been developed by 321), this is definitely not a good development. Judge Illston went on record saying that people were free to make copies in other, nondigital ways that would give them access to the same content, even if not in the same, pristine form. Miss Illston, if you have a minute I invite you to come over and I'll show you how your statement is completely false and shows a lack of understanding for what the movie industry is actually doing. I also invite you to have a look at Macrovision's offering in analogue copy protection. Under the DMCA which you're defending, analogue copying is also prohibited because it is illegal to manufacture a device that does not react to the Macrovision signal corruption (that's right.. Macrovision Quality Protection my lower rear end!).
    My bold, and that pretty much sums up how i feel about this aswell. I trust the views of Doom9 (he's a person and a site) as someone who knows a lot more about all this than me and has proved right on the money in the past. The sentence after the bold... well, that just pisses me off - i don't know what to say. I can make cr*p quality backups?! Is that a joke? (rhetorical).
    --

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  12. Re:What does it matter by rsmith-mac · · Score: 4, Interesting

    Never, and that's the point; the MPAA doesn't want you to be able to burn CSS, and has 1million + 1 failsafes in place to keep it that way(member patents, trade secrets, etc). The only semi-consumer drives that can burn CSS are those that follow the DVD-A standard(DVD-Authoring), and those aren't even in a price-range where we can begin talking about reasonable.