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Lawsuits Force 321 Studios Out Of Business
elegie writes "321 Studios has gone out of business. Earlier, they came under fire for producing DVD disc-copying software. Specifically, it was argued by movie studios that the DVD-X Copy software and the DVD Copy Plus software violated the DMCA (Digital Millennium Copyright Act) anticircumvention rules. 321 Studios argued that copying a DVD disc for personal use counted as "fair use" in terms of copyright law. The EFF has said that the closing was not surprising because of all the legal injunctions against 321 Studios."
How about opening the source for their software?
Noone should be using DVD-X copy anyways, dvdshrink is where it is at. Better quality and better price(free).
Any chance they're going to release the code to their products? Would that increase their legal liability at this point?
Moderation: Put your hand inside the puppet head!
It is not illegal for you to own or use the software. The injunction only applies to 321 Studios.
How long until 321 will be required to hand over their customer list (at least the ones that registered)? If they can force this company out of business, it seems to me the next step is to go after the users. You know, the ones doing the acutal "law breaking".
I may be just stating the obvious but: This is awful because now the MPAA and RIAA are gonna sue as many of their perceived enemies as possible, hoping to shut them down too. On the bright side, maybe people will use the superior DVD Shrink instead.
"Under the DMCA, you have a theoretical right to fair use. But this ruling shows that if you provide a tool for fair use you can't use it."
From NewScientist
As I understand it, there is no legal right to make backups of movies, in the U.S. There is a right to make backups of computer software, but that provision is explicit and does not apply to other forms of content.
Some have argued that fair use would allow making backups of general content, but since such usage is not educational or for research purposes, and would have commercial impact, it seems like a weak argument to me. In any case, it has never been confirmed in the courts.
I heard from a friend that knows someone that knows someone else, that they are moving the business offshore. Not sure if the business will move out of the US, or if the employees will be recieving a paycheck from a company overseas, I guess we'll have to wait and see.
A combination of free and cheap software works much better than 321 Studios' software. DVD Shrink is free, easy to use, and never crashes. Nero can be had as cheap as $5 on the web. This combination is sweet, if you're using DVD-X-Copy or whatever you paid for inferior software.
I don't understand why the solution that worked for the music world wasn't used here. Back when blank recording cassettes were created and mass marketed, the music industry nearly blew a gasket. The compromise is that TDK/Maxell/Fuji and the rest pay a small portion of their sales to the record companies. Kind of a tithe. While it's still illegal for me to copy my CD's onto cassettes and SELL them to people, I can do it for personal use. Everybody's happy.
So when is the Hawkeye movie coming out?
The PATRIOT act put into law many things for which the legal system had already set precedent in one form or another; there was just no codification of these items into law until a moment of panic ensued and *whoosh* along come laws that certain members of law enforcement have been trying to get through for years. Along comes a limitation on freedom in exchange for the perception of heightened safety.
I see internet-related regulation going in much the same fasion. The obvious answer with this one, however, lies with all of us: don't do illegal shit and no one will have to pass these laws. Stop using P2P to share copyrighted works. We have already gotten ourselves in enough trouble with the DMCA, don't let it go any further.
If you go to the website for the Bastard company, http://www.123copydvd.com/, you will notice that the "company" is offering the exact same program. What 321 Studios has effectively done is known as "asset protection", where they branch off a company into a separate Corporation or Limited-liability corporation (LLC) that is untouchable if the prior company is sued and run out of business. 321 studios is still alive, just in another form. I have purchased their 123 copy DVD software, and it is almost identical to the 321 Studios DVD X Copy software.
If you wish to see how damn clever they are, they do not actually include de-cryption software in the product. They do however link directly to a "3rd Party Plugin" site which features a downloadable plug-in which works exclusively with 123 copy DVD.
Talk about legal maneuvering!
I am defenseless. Use your button. Mod me down with all of your hatred.
You buy something based on the terms of the seller. You agree to the terms when you buy it.
Stalking is illegal. The seller has no right to monitor your use after you leave their shop. The grocery store does not have terms of use on knives. The drugstore does not have terms of use on aspirin. The hardware store does not have terms of use on power-nailers. The sporting goods store does not have terms of use on baseball bats.
A sale with "terms of use" is a rental, not a sale. Auto agencies of "terms of use" on car rentals. Contractor stores have "terms of use" on equipment. Landlords have "terms of use" for property. It may be a rental with an unspecified time limit, but it is still a rental. Violation of a rental agreement is a civil matter which requires the renter to retain legal counsel and compile a case.
What is the difference between "licensing" and "renting", other than a legal manipulation by which the renter has passed the financial burden of legal counsel and making the case onto the taxpaying public?
+++ATHZ 99:5:80
This shows the DMCA can be used by the MPAA/RIAA to put legitimate technology companies out of business. But they're hoping for another tool to do even more of this, and it's called the INDUCE act.
Go to EFF's Action Center and savetheipod.com to take action! Let your Senators know that they should be supporting Rep. Boucher's DMCRA rather than INDUCE.
We can turn the tide here if we take action!
Like Digital Freedoms? Then donate to EFF before they're gone.
I will probably get modded into oblivion for this but i think it has to be done /. who like to whine about this kind of thing but nothing ever gets
done. i think its time that /. show its power in the DMCA and DRM, and *AA playing field.
the web site www.nomoreorin. org com net are currently available. based
on user moderation here is what i plan to do.
.
The recent events of orin hatch, DMCA shinanigans have just gone too far. there are allot of people on
1. Register the domain www.nomoreorin.org and use it for a organizational starting place to campaign against his reelection
2. Gather all of the evidence and bills that he is against peoples rights and is in the pay of the *aa
3. Work to form a grass roots party in his hometown to make sure that he is defeated buy a landslide in the next election.
4. Try to set up rallys and protests in his community with pamphlets that say
1. Your senator wants to outlaw your VCR, Tivo, DVR
2. Your senator wants to outlaw your computer
3. Your senator wants to put viruses and destroy your computer if you do something he doe sent approve of
4. Your senator helped to put an innocent Russian Civilian in jail without due process over writing an essentially legal program.
5. Your senator wants to remove your rights to make backup copies of movies and software that you already own
6. Your senator cares more about the *aa than the people who elected him
7. Your senator has accepted XXXXX$ from these *aa groups
5. Next target any and all politicians that have shown support for the DMCA, INDUCE or have received an money from the *AA
6. If we send a message to the government that clearly states that
1. If you accept any money from the *AA we will see to it that your political career is destroyed.
2. Supporting any bill that restricts a users rights to media he owns will result in your not getting elected.
It is evidently clear that if we do not act now. your right to use a computer or any kind of audio and visual media will be severely restricted.
Depending on the replies to this post i will reserve and set up the
www.nomoreorin.org website.
and will do what i can to help a movement whose time have come
if you have any questions email me at
eric.aint.net (spam proof)