Sima and Interburn sued by Macrovision

Sima and Interburn sued by Macrovision
Macrovision, one of the largest creators of copy protections and DRM technologies has filed a suit against Sima Products Corporation and Interburn Enterprises Inc. It accuses both of selling products that allows consumers to make copies of copyrighted DVDs, infringes Macrovision’s patented technology and violates the Digital Millennium Copyright Act (DMCA). It targets Sima's "Video Enhancers". At least one Sima product mentioned for example is marketed under the name CT-200 (see below).

It is simply advertised as a way to assist in converting your private collection of VHS and DVD originals to DVD. It also has a disclaimer that Macrovision may have forgotten to mention that reads...



Use of these products for unauthorized duplication of copyrighted material from DVD, VHS or other media is prohibited under federal copyright laws. These products are intended for use in a manner consistent with and permissible by the fair use provisions of federal copyright laws.

"Sima and Interburn infringe Macrovision's intellectual property by offering products that enable users to make unauthorized copies of copyrighted content by illegally removing our copy protection system," said Macrovision CEO Bill Krepick. "The Sima and Interburn products have very limited commercial uses other than to circumvent Macrovision's copy protection technology and are marketed by Sima and Interburn for use in copying DVD's, among other types of media. The Sima/Interburn lawsuit is based on a fundamental cornerstone of the American economic system - protection of intellectual capital."

Interburn on the other hand sells software capable of cracking the copy protection on DVDs, allowing you to make personal backups which are completely legal in most countries. However, Macrovision is determined to put a stop to the sales from both sides. The lawsuit was filed in the U.S. District Court in the Southern District of New York. Macrovision is asking the court to order an immediate halt to sales of Sima's "video enhancer" products and Interburn's CD/DVD copying products.

Source:
Business Wire

Written by: James Delahunty @ 18 Jun 2005 8:35
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  • 27 comments

  • Rotary

    hi

    i see Macrovision are still hacking away at anyone in its path to the righteous kingdom of heaven...

    18.6.2005 10:23 #1

  • tatsh

    F**K MACROVISION

    I disagree with the selling of software that decrypts DVDs, but hardware should be legal to sell. I always thought the company that made this hardware was based in Taiwan or somewhere where no one cares. There are other companies that make similar devices based in countries like that. I guess Macrovision should also sue all the modchip manufacturers since most of them come with a de-Macrovision feature.

    I just hate that there are companies (like Macrovision, Sony, StarForce) making money off crap they call copy protections, which totally infringe our rights. They all get cracked someday sometime and I guess it will take a very long time for companies to realize what little effect copy protections have. I can only say that StarForce3 has slowed crackers down, and that FlexLM has done the same to some extent. Both these copy protections ruin performance of the programs they are supposed to protect. Cracking is almost becoming necessary.

    I'm sure that when the HDDVD/BlueRay discs come out there will be some kind of copy protection, and it might be so heavy that the discs take longer to load, which no one will like. What will Hollywood say? They will say: "Blame the pirates that we had to go so far."

    18.6.2005 10:52 #2

  • dikdimond

    Quote "Use of these products for unauthorized duplication of copyrighted material from DVD, VHS or other media is prohibited under federal copyright laws. These products are intended for use in a manner consistent with and permissible by the fair use provisions of federal copyright laws." Will they actually have a case against the product itself? The software,I can see why. Wouldn't this be like selling/buying DVD and CD burners? The uses of them are limited legally as well...

    18.6.2005 10:55 #3

  • l34merik

    They only want copy protection because they're greedy for money. Just look at how much money they get for making "uncrackable" protections which because they have to use so much money for the protection that the have to higher the price on all the media that we buy.

    18.6.2005 13:24 #4

  • dikdimond

    A visicous circle...they make the encryption better and media prices get higher,those encryptions get broken and they make the encryption better...

    18.6.2005 15:54 #5

  • Mr_Del

    I don't see them winning this one at all. If it is perfectly legal to make personal backups then I don't see any court giving in to Crapovision unless they make it illegal to make personal backups first.

    Let us assume they do win this case. How much do you want to bet that soon after the plans to make your own will be all over the internet. I bet there isn't much to these devices.

    -Del

    18.6.2005 19:29 #6

  • Rotary

    hi

    dont quote me but i think it is already coming in that it is illegal to own a backup copy of your original now? i'm sure i read it somewhere on here????

    18.6.2005 20:06 #7

  • Mr_Del

    The day that happens I might just quit buying DVD all together. I will just borrow someone else's. Of course that to will be illegal soon. Bunch of jack a@@#@.

    -Del

    18.6.2005 20:22 #8

  • Rotary

    hi

    if all the world stood up and said noone will buy dvds go to cinema or have anything to do with films etc as us / we make them PHAT BOYS, ummm? the word mafia springs to mind?

    how much would they loose then, only the lot! and have 0 money coming in...

    i think things will be a tad diffrent if it were the case above...

    18.6.2005 20:53 #9

  • Mr_Del

    Well I have already been trying to see how many people would go in on a 2 month media boycott. The purpose is to retaliate against stupid things like the topic in this article. We prove to them that they can walk all over us by continuing to buy their product even when our freedoms are sucked away. I chose 2 months because that would be long enough for them to feel it. I would also try to make this worldwide but main focus in US, Canada and UK.

    I already have this all planned out but not many people are willing to part from their media for to months to save their freedoms.

    -Del

    18.6.2005 21:17 #10

  • dbminter

    Last I checked, a signal clarifier/video enhancer does NOT remove the Macrovision copy protection from VHS. e.g. copy a movie you bought that has Macrovision on it and attempt to copy the copy and the MV circuit kicks in. It only intercepts the signal so you can make a copy of your tape by not having the signal to trigger the MV trap during the copy. So, Mr. CEO of Macrovision, Bill Krepick is incorrect when he stated:
    "Sima and Interburn infringe Macrovision's intellectual property by offering products that enable users to make unauthorized copies of copyrighted content by illegally removing our copy protection system."

    18.6.2005 23:50 #11

  • worldrave

    Funny, last time i looked at the laws relating copying. It is legal to make one backup copy for archive purposes. So are they trying to kill the scene like music or what? Why are they not sueing VCR makers,and dvd burner companies as well? Oh yeah, because it's not illegal.
    Recent news stated that those laws have been changed, and not you might not be able to make backups anymore, but in same clause, manufacture's are responsible for replacing dvd's at no cost to the buyer. Yeah, i don't see that actually happening, so i don't see me stop making backups to use for myself either. They don't have kids for sure, or they would be thinking a bit more intelligently.

    19.6.2005 05:51 #12

  • nonoitall

    I'll say the same I said over at P2PForums.com - it's like a company that sells grass seeds suing a lawnmower company. Completely idiotic.

    19.6.2005 12:57 #13

  • 1010

    Hey I use one of these to connect my dvd to a vhs which then connects to an old TV cause I dont have a dvd ready tv. Is macrovision gonna buy me a dvd ready tv? I think not.

    JACKASSES

    As a brit living in america, it dismays me the things that are done in the US, hollywood is such a paranoid loser.

    19.6.2005 15:03 #14

  • EndLess8

    who keeps making these laws and why can't we vote against them is the question? slowly but surely your rights are dwindling...in all honesty most of the crap coming out isnt even worth backing up anyways, maybe Bill Krepick is so adamant cause he might just lose his worthless company.

    20.6.2005 04:00 #15

  • Mr_Del

    Endless8

    I am going to let you in a little secrete. I don't think the government wants you to know. The USA does NOT live in a democracy. I can even prove this to you.

    I pledge allegiance to the flag of the United states of America, and to the REPUBLIC for which it stands..... (did not say to the democracy for which it stands)

    I certainly agree that all major laws that can affect a vast majority of citizens should be voted on by the people. This will not ever happen in the USA. This country is cleaver enough to brainwash people into thinking they live in a democracy when in fact their main pledge says they live in a republic. If they can do that then they can do just about anything. I can go on forever on this topic but will not.

    -Del

    20.6.2005 08:32 #16

  • duckNrun

    There is hope. Currently there is a bill in congress H.R 1201 that preposes to retract the most hateful and restrictive parts of the DMCA. Everyone needs to write, call, and/or email their respective Senators and Congressman and clearly explain just why they should be supporting and co-sponsoring this bill! The link to an article with the bills author is here at wired:

    http://www.wired.com/news/politics/0,1283,67853,00.html?tw=wn_tophead_3

    and information to your respective senators and congress(people) can be located here:

    http://www.house.gov/writerep/
    http://www.senate.gov/

    There is support for these changes but the people in power won't know about it unless YOU and YOUR FRIENDS and FAMILIES tell them! They get tons of complaints from the RIAA and the MPAA now it's time to give them OUR complaints! I've even included a copy of the letter that I sent to my two senators and congressman for you to ADAPT (believe me tons of emails are great but 1000 origional letters carries more weight than 10,000 form letters! Form letters basically say that if you don't care enough to even write your own thoughts you probably wont care enough to vote them out of office either!). Contact the Electronic Foundation Frontier (eff.org) and tell them that they need to be behind this bill. Just do something other than sit here on the boards and complain to each other.



    Dear Sirs,

    I am writing to urge you to voice your support, and co-sponsorship, of H.R 1201 also known as the Digital Media Consumers' Rights Act of 2005. This bill is an important step to once again provide fair use rights to American consumers, and potentially to help important Technology jobs, and new technology, from leaving America to go overseas where the risk of civil and criminal damages may not be so great. I cannot stress strongly enough the financial disincentive inventors, companies, and programmers will have to NOT create new items if they fear financial reprisals; due to a small sector of the public who may decide to use these new items in an unethical and illegal manner. I also urge your support for this bill so as to once again equalize consumer’s fair use with content provider’s copyrights. For the music, or movie, industry to say that it is a violation of their IP for someone who has legally purchased a CD/DVD to take that media and make MP3’s, DivX files, or an archival backup is stretching the bounds of reason, and fair use concepts. Once someone has purchased the media (whether it is a music CD or a DVD of a movie, concert or television show etc) that person who has spent their money on said product should still be able to use it on any device they choose, in any format they choose. People are converting music collections and putting them on their PC’s, Ipods, or filling up a CD-R with MP3’s to play in their MP3 players. Furthermore, in regards to visual media, millions of consumers have purchased and are using DivX to compress a full length DVD, or Television show, to a size that while losing some quality is more manageable to store on hard drives and other media of THEIR choice.

    I am not saying that we should turn an empty eye away from the pirates and vendors who are illegally selling copies of copyrighted media for a profit. But to create a nonsensical and ultimate IP right to content providers is to disregard consumer rights all together. It would be like Gillette Razor Company saying that a ‘face designed’ razor can only be used on the face and if your wife/daughter/girlfriend wishes to shave her legs and underarms she will be in violation of their rights to determine just how, where, and which format their razors can and must be used. However she is more than welcome to purchase a set of ‘leg designed’ and another set of ‘underarm designed’ razors. While I understand this example is extreme, but the simile is accurate. Just like Companies should not have the ‘right’ to determine how we use a purchased packet of razors (or other products) the media providers should not be give the right to say how we can use their purchased product. This goes into even more lunacy when one considers new concepts in protecting IP. Such as requiring consumers to purchase new DVD players that require a biometrics to allow the owner to view a purchased movie or listen to a purchased music CD. While this seems outlandish and far fetched I would like to point out that a company is already creating this ability by using RFID tags and is currently consulting with media outlets on how to implement such a scheme! This only proves that these media companies will only be satisfied when they have complete and total control over ALL use and options provided the consumer and have eliminated fair use all together.

    Also, Wal-Mart and Walgreen stores are already turning digital photo consumers away for trying to develop digital pictures that “appear to good” for the average consumer to have taken. These companies are doing this out of fear that they MAY be responsible for copyright infringement, thus leaving a consumer with a $300 camera that can’t be used because it is “too good”; never mind that 8 mega pixel cameras are now common place and the whole reason to have these digital cameras IS to produce a quality/professional looking image! All of these instances, and many more that can be found, are all signs of negative outcomes from over zealous, improper, and destructive protections that need to be immediately reversed before even more damage is done.

    In conclusion, I want to once again urge you to immediately voice your support for, and assist in passing, H.R 1201 (Digital Media Consumers' Rights Act of 2005). Below I have attached a link to your colleague Rep. Rick Boucher’s interview with Wired News (url: http://www.wired.com/news/politics/0,1283,67853,00.html?tw=wn_tophead_3) discussing his thoughts and reasons behind H.R 1201. I hope you find it as informative and insightful as I did. Finally, if I can be of any assistance to you please do not hesitate to contact me.

    Sincerly,
    {your name and address here}

    (it is a requirement of most politicians that you include an adress. This is partly to verify that you are a constituent and partly because if no address and email it wont be read or get through!)

    20.6.2005 12:54 #17

  • duckNrun

    Oh yeah and don't forget the white house:

    http://www.whitehouse.gov/contact/

    this page includes physical adress, email address, fax and comment numbers.

    so what you waiting for?? even if you have no incentive or creative bone in your body at least send my previous post to your friends, use it in other forums... get the word out! This bill will only be in circulation for so long and then it willbe too late! We already have 9 co-sponsors for it. We need your elected officials too!

    20.6.2005 12:58 #18

  • duckNrun

    lol and i was dyslexic earlier. It's the Electronic Frontier Foundation but the url is the same.

    20.6.2005 13:07 #19

  • duckNrun

    http://action.eff.org/site/PageServer?pagename=ADV_homepage

    is the link to the actual letter from EFF that you can forward use. EFF will even forward it onto the proper people for you :o)

    20.6.2005 15:40 #20

  • Mr_Del

    Oh crap. My wife used my shaver on her legs. Are the Gillette police going to get me?

    -Del

    20.6.2005 16:48 #21

  • duckNrun

    lol... I dont know... did you read the EULA ?? ;o)

    20.6.2005 19:02 #22

  • nonoitall

    Mrs_Del better move to Sweden pronto!

    20.6.2005 21:29 #23

  • rarthurb

    I'm with the guy who said " Let's Boycott for two months every year when we don't get what we want!" Let's call the movement " DeDvD ". No Movies, No Games, No Music, and start this on 9-11-05 to 11-11-05. This will them give a month to make some super Deals for christmas... And try to win back our business.....and Oh! yeah! NO MORE RIAA and MPAA TAX ON our RECORDING MEDIA and EQUIPMENT!

    20.6.2005 21:45 #24

  • OzMick

    I'm interested why Macrovision and these companies bother making protection schemes at all. If they were to make a protection scheme that any monkey could break (maybe it takes a single bit passcode), they could still claim that people are circumventing their protection, and due to its simplicity, could sue half the world instead of just larger organised groups. Man, I might just go into business doing that myself, WATCH OUT EVERYONE! You're all going to be sued for breaking my (almost non-existant) copy protection!

    21.6.2005 19:34 #25

  • wannadie

    SUP fellow peeps Well llong time I haven't been here to say somethings but I guess all comments at anytime helps or is good first I like to start with music sence this start with it and p2p = peer2peer if u don't no we the buyers the customers and there greedy dollar makers let this happen because we throught they had no chances on winning cases on p2p we were wrong and we help them be use the users our for for those who didn't use p2p u help by still buying there high dollar mark ups and excuses to charge more as easy it was for them to make money it should just be as easy to lose it remember the high prices will never stop unless we stop the crappy copyright law will never stop unless we do something that hurts them in there fat wallets what I mean is not buy think about it if theywereto chage $1 for every person justin the US theywould make multi millions now think about it at the price they chagre now and not to stop there they got movies threters include software/hareware and etc. so whatiam sayingis sence p2p has fallen they been looking for the next crapylaw to use to get us the customer to keep use where they wantus they get richy as we get screwed more and more p2p would never came about as strong as it was if they didn't keep getting greedyer and more greedy same thing goes for movies peeps wouldn't back up there own movies if they could lets say afford to buy another one at a decent price now i see hear peep speak about sue this sue that but think about it if these company can't sue the makers of the ones who make the products like burners cd's and hareware why should they have a right to sue the people who use it i'll tell u why they feel or should i say sneaky way they do there trick the hareware /burners/cd's/dvd's u buy they make think about it they don't wanna sue themselfs but they can take more money out of us buy laws and sueing us that figures yah they can say well no one tells u to use the products they make but in return no one tells them to make the products the make also what i am really getting at is if there was no product there would be no sueing no one so what i say this is all a scam were the people get screwed either way they must remember music was made to love hear and be remembered thats how i see it as well as the movies and etc they have foggoten that we have also so the blam shouldn't only be on them but on us as we do let them run all over us and when will it stop when we stand together as one as they do against us last but not leaste we need more site like afterdawn and co links /~IF we don't feed the pig the pig will need us once again as when they started.........OH and they are getting more deadly with the protection as i found out when i tryed backing up my new dvds which were XXX 2/and blast just to say a fewand oh should we think of them sueing peeps who have the tivo's/dvr's/ they record to isn't that copyright law to but yea they make the rules as long as they make money so watch out peeps who have that to :) that mite be next god i keep wondering also how radio get to play al that music oh yea cus they let them they brake the copyright law every day and buy a fast way lets think about that to i'll be back tommorrow for any comments on this.... have a nice night as stand as one........

    28.7.2005 00:46 #26

  • xolx

    Hi.
    Anybody knows how to find out if this court has ended and what was the resolution?

    13.1.2007 06:14 #27

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