Judge mulls DVDxCopy DVD-copying case, will fair use survive?

As we all know, 321 Studios is currently in a legal fight with the movie studios to fight for fair use. The company is developing the DVDxCopy and DVDxCopy XPRESS software which enables consumers to create backups of their DVD movies. The movie industry however argues that the software can be used to create illegal copies and should therefore be forbidden.

Tuesday there was a hearing and both parties could explain their side on the case. Unfortunately the result of the hearing was not very promising to 321 Studios although the judge has not issued a ruling yet. Also, the judge seemed to be persuaded by other DCMA cases, but now might need to consider more things than she expected.


During the hearing, the judge peppered attorney Darlyn Durie, a partner at San Francisco-based Keker and Van Nest who's representing 321, with questions about the DMCA's scope. For example, when Durie opened her statements by saying the studios are mistakenly trying to argue that 321 is offering a tool for burglars, the judge fired back, "Under the statute, all it has to be is a circumvention device."

When Durie said there's no evidence consumers are using 321's products illegally and that it's not marketed toward pirates, the judge replied, "But it's marketed to allow circumvention." After the hearing, 321 Studios CEO Rob Semaan said he wasn't worried by the judge's questions, because he thinks Durie raised some more issues for the judge to consider. "At least, out of the gate, she was starting at their end of the spectrum," he said. "But being persuaded and bound are two different things."

Source: News.com

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