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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?
The REAL reason they went out of business is that everyone was burning and distributing illegal copies of their software.
[/joke]
"If you think you have things under control, you're not going fast enough." --Mario Andretti
Noone should be using DVD-X copy anyways, dvdshrink is where it is at. Better quality and better price(free).
People need to confront the DMCA, really see it for what it is. Right now, the law says "thou shalt only play the movies in the way Hollywood prescribes", but it hasn't really internalized because so many people can use unlicensed software to do things like copy DVDs, play them without commercials, etc. I think the FBI needs to really crack down on anyone who violates the DMCA, by imprisoning everyone who copies a DVD for home use, especially rich and politically connected people. We could call it the "War on Pirates", and appoint a "Piracy czar", or something similarly crazy. The public needs to be rendered totally unable to copy or play DVDs in a way of their choosing, as the law prescribes, before they will wake up and actually understand what the law prescribes. Right now there's no reason to fight the DMCA because no one knows what it really means. It's a ban on any speech which could be used to play DVDs or other media the way we want. And that's a pretty amazing thing.
To tie in to this article, I will award a Gmail invite for anyone who can prove to me that it's legal under the DMCA to stand on a street corner and recite DeCSS. It is of course illegal, which means that Free Speech is dead in America, but if you manage to prove me wrong and include an address, the invite will be on its way. Good luck!
If guns kill people, then CmdrTaco's keyboard misspells words.
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
Interesting. Now that 321 is out of business. DVD X-Copy is now considered fair use under the "software created by company no longer in existance" revision they added.
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.
Wasn't the point of the legal system once to protect the weak from the poor. Somewhere along the line something happened to that ideal.
Yeah, those darn poor are always taking advantage of the weak.
Give me Classic Slashdot or give me death!
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?
It would still be illegal copying, just without the added offense of circumventing the copy protection.
Anyway consumer DVD burners are incapable of writing to the portion of the disc holding the CSS keys, so there is no way for an average user to burn a bit-for-bit copy of a DVD without decrypting the data first. Commercial DVD authoring systems can do it, but they're not exactly cheap, and neither is the blank media.
You can't bit copy the "key" part of a pressed DVD, because it exists in a part of the DVD that is inaccessible to burners.
Put in another way, you can't burn a CSS-encrypted DVD yourself.
Ed.
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.
I don't want to sound cynical, but as the legal system is created and maintained by the rich, I always felt it existed to protect the rich from the poor, (at least as far as property law is concerned anyway). I suppose some might have more generous interpretations...