DVD copying software faces court over new UK copyright law

Warner Home Video UK has sued a software company over its DVD copying software that circumvents security features in DVDs and lets consumers make back-up copies. The suit against 321 Studios follows new digital copyright laws coming into force in the UK.

In April 2002, 321 Studios took its own pre-emptive action, suing nine major motion picture studios in the California, seeking clarification of the anti-copying provisions of the relevant US law, the Digital Millennium Copyright Act (DMCA).

The company wanted the court's confirmation of its argument that consumers who legally purchase a DVD are entitled under the law to make a personal backup copy.

A ruling on that question still to be made. However, in August this year, 321 was sued in the UK by the Motion Picture Association, a trade body that represents the interests of US movies in the international market and counterpart of the Motion Picture Association of America.

The MPA's lawsuit relied on the UK's Copyright, Designs and Patents Act of 1988 which, among other things, makes it illegal to make copies of CDs, DVDs or videos - even for personal use.

But the 1988 Act and case law from the 1980s make it difficult to sue those who create the means by which copies are taken - in this case the software developers or distributers.

For the movie industry, the position has been improved by the advent of a new copyright regime that came into force in the UK on 31st October. On that day, a set of Regulations amended the 1988 Act. This new regime reflects the provisions of a European Directive, which echoes parts of the US DMCA by introducing added protection for anti-copying technologies and digital rights management.

Taking advantage of the change, Warners has filed a court action in the UK, asking the court to prohibit 321 Studios from selling or distributing the controversial software.

In particular the new regime allows rightholders to take action against those individuals who circumvent what the law calls Technological Protection Measures, or TPMs, to make unauthorised use of copyrighted works. Crucially, from Warners' point of view, action - including criminal action - can also be taken against those who make and distribute equipment designed to circumvent TPMs.

321 also faces further action in the US. In November, Twentieth Century Fox and Paramount Pictures filed a lawsuit against the company, alleging that the software is in violation of the DMCA.

At the time, 321 Studios' President Robert Moore declared:

"321 Studios remains steadfast in our position - that Americans have a 'fair use' right to make backups of legally purchased DVDs for personal use."