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321 Studios Challenges DMCA

1 Apr, 2004 By: Holly J. Wagner

DVD copying software company 321 Studios is going to the mat for its copying products, going to two appellate courts seeking stays on orders preventing the sale of its software that include rippers.

The company's appeals allege the Digital Millennium Copyright Act is unconstitutional because it quashes constitutionally guaranteed fair use rights.

The company also contends the law denies consumers access to their own property (legally purchased content) and extends copyright protections beyond to public domain content.

Since federal Judge Susan Illston of the Northern District of California issued a permanent injunction Feb. 27, 321 Studios has released “RF”, or “ripper-free” products, which do not enable the decryption or facilitate the copying of CSS encoded DVDs, The company is now only selling RF versions of its DVD XCOPY series of DVD backup software.

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