September 2003
321 Studios Refuses to Back Down on Back Up DVD Software
Briffa has been instructed by Rob Semaan, CEO of 321 Studios, in an action being brought before the High Court by Warner Home Video (UK) Limited. Warner is accusing 321 Studios of providing software that facilitates the illegal copying of DVDs.
The software, called DVD X Copy and DVD Copyplus, facilitates the copying of DVDs using a PC is developed and manufactured by 321 Studios, and is sold to private users for making backup copies of DVDs for non-commercial use. The intention of 321 Studios is not to manufacture the software to aid DVD piracy, but to ensure that purchasers of DVDs have a copy of their movie or software contained on the DVD if the original becomes damaged or lost.
Regarding the legal issues at stake, Mr Semaan said: "Our arguments are for fair rights of use of copyrighted material, not for free use. People generally have the ability to make back-up copies of media, such as videos and cassettes they have legally purchased. They should have the right to copy DVDs because they are not indestructible."
While 321 Studios intend to resist the landmark legal action initiated in the UK by Warner Home Video, they do not support DVD piracy in any form. DVDs copied using 321 Studios' software leaves a "watermark" that cannot be removed, and all purchasers of the software must register, so any misuse of the software for commercial purposes can be traced.
Briffa Comment:
With the issue of High Court Proceedings in the UK, the Motion Picture Association of America has brought the issue to Europe. Briffa believes the distinction between private use and piracy will be key to how copyright and the entertainment industry reacts to new technological developments.
There has been a campaign in the USA called "Protect Fair Use" supporting the rights of consumers to make legitimate copies for non-commercial use. Further information about the campaign can be found at www.protectfairuse.com.