"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)."Īfter a quick read through of the ruling, it looks like 321 Studios didn't do a good job of stating their case. "It is the technology itself at issue, not the uses to which the copyrighted material may be put," Illston wrote. Illston wrote that federal law made it illegal to sell products that-like 321 Studios' software-break through DVDs' antipiracy technology, even if consumers do have a legal right to make personal copies of their movies. to make back up copies), but that does not give software companies the right to circumvent copy protections to allow the end user to exercise those rights. Update: In Judge Susan Illston's ruling (pdf), she basically affirms that end users may have some fair use rights (i.e. 321 Studios were not available for comment, but will most likely appeal the decision. District Court in San Francisco thought otherwise and along with her summary judgment, has given them seven days to stop distribution of their software. 321 Studios countered that their software intercepts audio and video output after it is decrypted and did not circumvent any copyright protections and therefore was legal. The lawsuit, filed by the MPAA over a year ago, claimed 321 Studios' software DVD X Copy and DVD Copy Plus violates DMCA provisions and aids in piracy of the association's movies. Details are sketchy at this point, but the Motion Picture Association of America has received a summary judgment ruling in a lawsuit against 321 Studios.
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