Out-Law News 1 min. read
17 Jun 2004, 12:00 am
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.