Companies selling DVD-copying software received a legal blow on Thursday when a judge hearing Hollywood’s case against one firm said she is “substantially persuaded” by previous cases that the software violates the US Digital Millennium Copyright Act.
The case against 321 Studios is being heard in San Francisco by District Judge Susan Ilston, who said she aims to make her ruling quickly. A consortium of movie studies, including MGM, Tristar, Columbia, Disney and Universal, want an injunction to bar 321 from selling its product.
The software enables people to make perfect digital copies of films. The movie studios argue this permits illegal copies to be made and circulated, infringing their copyright. 321 says the software allows people to make back-up copies of DVDs they have already paid for, and want the case to go to trial.
A request for an injunction against five other software companies has been filed in New York by the Paramount and 20th Century Fox movie studios. Industry observers have said that these cases could make or break the controversial 1998 DCMA legislation, which aims to stop people breaking copy protection technologies.
After Thursday’s partial summary judgement, Marta Grutka, a spokeswoman for the Motion Picture Association of America said: “We think this is an open and shut case.” Rob Semaan, 321′s Chief Executive admitted being “a little bit discouraged” by the judge’s statement, but said he thought the arguments set out by his lawyers were convincing.
