So bundling together a bunch of freely available tools for copying DVDs is a crime now? I surely hope not. This is almost the equivalent of say, Nero or Roxio having suing the record labels to avoid having their software pulled from the market. The outcome of this case will set a precedent for all future cases like it (and if the technology sector continues on its path, there will be). Let's hope that the movie studios don't get their way.

Firm Sues Movie Studios To Defend DVD-Copying Software

By Steven Bonisteel, Newsbytes
BERKELEY, CALIFORNIA, U.S.A.,
23 Apr 2002, 1:02 PM CST

Little-known marketing company 321 Studios is taking nine major motion picture companies to federal court in an effort to prove its $39.95 bundle of software utilities for copying DVD discs is legal.

In a complaint filed in the U.S. District Court for Northern California, Nevada-registered 321 Studios requests that a jury be allowed to determine whe ther its DVD Copy Plus software package contravenes provisions of the Digital Millennium Copyright Act (DMCA) that are intended to punish people who circumvent copyright protection technologies.

Describing DVD Copy Plus as software intended for "legitimate backup copies of the contents of a DVD for ... personal use," the complaint seeks a declaratory judgment from the court that could shield 321 Studios from lawsuits it says the movie companies themselves have threatened.

DVD Copy Plus is billed as being able to help its users copy data from DVD discs, storing it on hard drives in DVD format for converting it to alternate digital-video formats, including video compact disc (VCD) and DivX.

Robert Moore, the St. Louis, Mo.-based president of 321 Studios, told Newsbytes that his company didn't create the tools that its customers use to rip DVD discs and convert the video. Instead, he described DVD Copy Plus as a "wrapper" and a set of tutorials for other widely available digital video tools.

Even if you've never heard of 321 Studios, it's likely you've received e-mail from members of its "affiliate program" - pitches promising "everything you need to copy DVD movies!"

The DVD Copy Plus package includes software called SmartRipper for reading and copying DVD data, VCDEasy for burning making VCD discs and DVDx for turning DVD data into DivX-compressed video.

In a high-profile lawsuit launched by motion picture companies two years ago, the movie industry argued that DivX was the video- compression format of choice for copyright infringers who used software known as DeCSS to circumvent DVD encoding known as the Content Scrambling Systems (CSS).

In that case, which brought "Hacker Quarterly" 2600 magazine into a New York Court, a federal judge ruled that the magazine contributed to illegal copying - and contravened the DMCA - by providing links to the DeCSS source code on its Web site.

Free speech arguments didn't go far for 2600 magazine, but the complaint from 321 Studios points to First Amendment rights in seeking protection from the DMCA itself.

"We see this as a groundbreaking case with implications that extend to all kinds of digital content," Daralyn Durie, a lawyer working for 321 Studios and a partner with Keker & Van Nest in San Francisco, said in a prepared statement. "We believe that there are substantial constitutional problems with the Digital Millennium Copyright Act, not the least of which is barring consumers from exercising their right to make backup copies of DVDs they own."

321 Studio's Moore told Newsbytes that he makes a distinction between his company and those in the 2600 magazine case who publicized the DeCSS code.

"We're not trying to thumb our nose at Hollywood's right - or an author's right - to profit from their hard work, " he said. "DVD Copy Plus has never been marketed or sold for any purpose other than to allow people to make archive copies of their DVDs.

"In our minds, this is no different than making an extra personal copy of a music CD, which is perfectly legal," he said.

The complaint names as defendants MGM Studios, Tristar Pictures, Columbia Pictures, Sony Pictures Entertainment, Time Warner Entertainment, Disney Enterprises, Universal City Studios, The Saul Zaentz Company and Pixar Corp.

A spokeswoman for industry trade group the Motional Picture Association of America said lawyers for the Hollywood companies had yet to review the complaint, so were unable to comment on the claims of 321 Studios.

Reported by Newsbytes

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Original Article
321 Studios

and the beat goes on

so your saying if i buy this software i can copy DVDs... kick ass?? too bad their going in a big court fight though.

you lose a lot of quality of course.

Fozzie is absolutely correct. DVD to VCD...you'll most definitely see some quality loss. That comes along with compressing a 4 gig file onto a standard CD

Dilemma: To support a company who fights against MPAA and Big Boys or not, because they sell freeware software without author's permission (VCDEasy, SmartRipper, etc are all free and those guys don't have even bothered to ask from the authors can they sell their free software in their package or not). And besides, all the information in the package and much, much more is available freely from all major DVD ripping sites.

WOAH!!!!

is alll I havta say.

this is major big time!!!! man...

meh, if dRD isn't bullshitting us, fuck 321 studios. go make your own product first, then sue the big guys.

It's nice to see the good guys on the offensive.

Good deal bite first

Well all the articles I've read on the subject said that they were going to be sued shortly, so it really was in their best interest to strike first.