Copy protection systems can be found on most DVDs, computer
games and video games, and while they play a part in preventing
piracy, they also hinder the average user from making a back-up
copy of his or her legitimately purchased product.
Back-up copying of copyright material can be lawful. In the UK,
it's lawful to make back-up copies of computer programs - which
would likely include games, but not movies. However, back-up
copying is unlikely to be lawful if doing so requires the
circumvention of copy protections.
Similarly in the US, making a back-up is not lawful if it means
circumventing copy protections. For this reason, US courts have
already ruled that 321's DVD copying software breaches the
controversial Digital Millennium Copyright Act, or DMCA. This
prohibits people from using or distributing devices that can bypass
copyrights and copy prevention measures.
321 Studios is now the subject of three injunctions in
connection with its DVD copying software, and is forbidden from
selling or distributing its DVD Copy Plus and DVD-X COPY
software.
Atari, Electronic Arts and Vivendi, all members of trade body
the Entertainment Software Association are relying on the DMCA.
"Masquerading as a consumer-friendly tool, 321 Studios' software
is, in truth, really nothing more than a device to facilitate the
illegal copying of games," said Douglas Lowenstein, president of
the ESA.
"Federal law makes it clear that it is illegal to manufacture,
distribute, or sell devices or programs that circumvent
technological protection measures built into video games. That's
exactly what 321 Studios' Games X Copy does, and we fully expect
the court to grant our request to ban this product," he added.
According to reports, 321 Studios has already been forced to
make major job cuts as a result of the injunctions and has
indicated that the latest suit may force the closure of the
controversial company.
