Movie studios sued for right to sell DVD copying software

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.”