AfterDawn: News

321 Studios loses second court case

321 Studios lost its second court ruling within 13 days today. Company previously lost the first round of its Californian lawsuit on 20th of February when court ordered company to stop selling products that contained a code that allowed circumventing the copy protection found on DVD-Video discs, called CSS.

Today, the New York federal judge Richard Owen decided that 321 Studios' products violate the DMCA legislation by allowing circumvention of CSS copy protection mechanism. The decision was basically identical to the one that San Fransisco court ordered on 20th -- company has pulled out all the ripper-equipped versions of its DVD X Copy software and replaced them with similar tools that only lack the "ripper" part.



321 Studios has already announced that it disagrees with the New York ruling (as well as the previous San Fransisco ruling) and will appeal both cases. 321 Studios bases their court process on the fact that American copyright legislation allows consumers to back up material that they own -- but by copy protecting that material and making it illegal to distribute tools that allow circumventing the copy protection, that right has been effectively removed even that it is still stated in copyright legislation as the "fair use" right.

Both lawsuits against the 321 Studios were brought up by various movie studios. The studios behind the New York case are Paramount Pictures and Twentieth Century Fox Film.

More information:

321 Studios press release
News.com

Written by: Petteri Pyyny @ 4 Mar 2004 13:00

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• 14 comments

• Nephilim

  I don't understand this stupid world anymore.

  4.3.2004 18:17 #1

• DaOsT

  welcome to the club just glad I know a few magistrates n they like p2p actually
  
  lets see were it goes
  

  ::LivE ForeveR OR DiE TryiN!!::....::DonT FinD US WE WilL FinD YoU::..
  ChecK OuT ThE PenguiN GamE AnD PosT YouR HighesT DistancE ON ThE ForuM
  http://www.gazholland.com/

  4.3.2004 19:01 #2

• dolar475

  ...there was never justice out there, you only make it and fight it for yourself; as for "the issue" mmm... I think people will buy if they LOVE something and the rest will go on copy...

  4.3.2004 23:08 #3

• Rodgers

  Looks like here in NY we have some Judges that are making laws too. The hand writing is on the wall. We have to find a meaningfull way to remove these judges, who apparently are in the pockets of the Movie Moguls.
  Best to All!
  Rodgers

  5.3.2004 05:56 #4

• Cman

  Its the "Golden Rule" all over again folks. He who has the Gold, makes the Rules!!!

  5.3.2004 09:55 #5

• GrayArea

  What is really going down the tubes here is American citizen's fair use rights where digital media is concerned, not one piece of software. Just another "unintended" (yeah right) consequence of the DMCA. So the bottom line is that any "owner" of digital media needs only to build in a copy protection scheme no matter how weak or ineffectual to effectively exempt that work from fair use doctrine. Clearly there was never any intention or attempt on the part of our legislators or legal system to protect the fair use rights and interests of the public. Combine this with the recent changes and bizarre interpretations of patent and public domain law and a clear pattern begins to emerge. Where digital media is concerned, the rights of the consumer be damned.

  5.3.2004 12:06 #6

• Rodgers

  It still all boils down to some out-of-step judges, ruling on issues of law, as if they were the ones who initiated the laws. Our State Legislators and Congressmen have got to get into the issues that involve the public and stop allowing the judges to take legislative rights away from our Representatives.
  Best to All!
  Rodgers

  5.3.2004 13:45 #7

• Nephilim

  What really irks me is that fair use provisions have been around quite awhile ensuring our absolute right to back up our legally owned media yet these idiot judges choose to let a newer special-interest driven law like dmca take precedence. In the eyes of these judges, our consumer rights can legally be trampled by corporations.
  
  The corporations couldn'y take away out fair use rights directly so they did the next best thing.

  5.3.2004 18:32 #8

• Cman

  How many of those Judges will be accepting "contributions" from those very same corporations they just ruled in favor of? If you don't think Justice in America is bought and paid for, just keep track of these rulings as they are made. The scariest thing is, Courts worldwide are using these blatantly skewed rulings by American Judges as a template.
  
  Its America today, Its you tomorrow. Wake up before the StormTroopers will be kicking down your door to check your hard drives or you'll be taking out a second mortgage to pay the RIAA/MPAA Cabal.

  6.3.2004 03:21 #9

• pcshateme

  its not america- its the whole fucking planet. "money makes the world go round" you can do anything ANYWARE if you have money

  7.3.2004 08:02 #10

• devil60

  Hell you know the fucking judges in for life. And yes money dose make the world go round. If you have the money you can make the world what you what it to be. Look at all the fucking rich and powerful in W.D.C. and the so calld movie stars Fuck all of them.I'm just like Nephilim I don't understand this stupid world (over 70 and stell going)

  7.3.2004 09:53 #11

• devil60

  "In matters of style swim with the current in matters of principle stand
  like a rock."
  - Thomas Jefferson
  
  "From now until the end of the world, we and it shall be remembered. We
  few, we Band of Brothers. For he how sheds his blood with me shall be my
  brother."
  - William Shakespeare ("King Henry V")
  
  Get the pont?

  7.3.2004 10:31 #12

• ookami

  It's easy to understand the world - it revolves around the golden rule - "He who haveth the gold, maketh the rules."
  
  Large corps have been trampling on consumers before the turn of last century... it's not going to stop anytime soon. Most politicians get caught up in their power trips and their special interest money to care about their constituents.

  8.3.2004 02:18 #13

• Prisoner

  I think they went about this all the wrong way. Anyone new to this field or creating a new program call it a restoration. Copy just sounds bad, but restoration is better and is what people are actually using it for!!!

  8.3.2004 11:03 #14