Nevada-based 321 Studios yesterday filed its complaint in the US
District Court for the Northern District of California, citing free
speech rights under the First Amendment and challenging the 1998
law to address the issue of copyright protection for digital
content.
The company wants the court to rule that the sale of DVD Copy
Plus does not violate key provisions of the DMCA or unlawfully aid
consumers in infringing copyright privileges associated with
material stored in the DVD format. The suit seeks a declaratory
judgment that will permit 321 Studios to continue to sell DVD Copy
Plus. No damages are sought.
DVD Copy Plus allows users to copy data from DVD discs and store
it on their hard drives for conversion to alternate formats.
According to Newsbytes, the company sees DVD Copy Plus as a
“wrapper” and a set of tutorials for other digital video tools.
The complaint names MGM Studios, Tristar Pictures, Columbia
Pictures, Sony Pictures Entertainment, Time Warner Entertainment,
Disney Enterprises, Universal City Studios, The Saul Zaentz Company
and Pixar Corporation. It argues that, acting in part under the
auspices of the Motion Picture Association of America, the
companies have threatened to sue 321 Studios and claim that the
sale of DVD Copy Plus is illegal under the DMCA.
Defending his product, Robert Moore, President of 321 Studios,
said:
“DVDs are notoriously susceptible to
scratches, heat damage, loss and other problems, and our DVD Copy
Plus software enables legal owners of DVD movies to protect their
DVD investments by making legitimate backup or duplicate copies for
their own use. In our mind, this is no different than making an
extra personal copy of a music CD, which is perfectly legal.
“We decided to proactively file this lawsuit
not only to receive the courts' assurance that we are in compliance
with the law but also to raise the broader question of how
Americans' First Amendment rights can be protected in this digital
age.”
