MGM vs. 321 Studios Archive

321 Studios sells "DVD Copy Plus," a software and documentation package that allows owners of DVDs to make personal use backup copies of audiovisual works onto CD-ROMs. The company filed suit asking the court to declare that their product does not violate the Digital Millennium Copyright Act. 321 Studios argues that DVD Copy Plus has substantial non-infringing uses, that its use constitutes fair use, and that provisions of the Copyright Act, if interpreted to bar the sale of DVD Copy Plus, violate the First Amendment. Defendants countersued for damages and a permanent injunction from the sale of the product.

At issue: Consumers must be able to obtain tools for backup and fair use, researchers and programmers must be allowed to discuss encryption and decryption methods, and a copyright monopoly must not be used to block competitive or complementary innovation.

EFF's role: EFF, Public Knowledge, and Computer Professionals for Social Responsibility filed an amicus brief in support of 321 Studios' opposition to MGM's summary judgment motion. (Updated October 7, 2003.)

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