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.)

Links:

Most recent at top

• Order Granting Defendents' Motion for Partial Summary Judgment and Resolving Related Motions
  February 19, 2004
• 20030328_mgm_321studios_reply_memo.pdf (721k)
  Movie studios' reply memorandum in support of motion for partial summary judgment.
  March 28, 2003
• EFF's amicus brief in 321 Studios v. MGM Studios
  Amicus Curiae brief of Electronic Frontier Foundation, Public Knowledge, and Computer Professionals for Social Responsibility in Support of Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment
  March 14, 2003
• 20030314_321amicus_brief.pdf (86k)
  Amicus brief of Copyright Law Professors in support of 321 Studios
  March 14, 2003
• 20030303-321-Opposition-MSJ.pdf (540k)
  321 Studios' brief in opposition to defendants' motion for partial Summary Judgment
  March 3, 2003
• 20030114_321_studios_mtn_sj.pdf (1.5M)
  Movie studios' summary judgment
  (January 14, 2003)
• 20021220_mpaa_answer.pdf (164k)
  Movie studios' Answer and Counterclaim to 321 Studios' complaint
  December 20, 2002
• 20021220_321_studios_complaint.pdf (792k)
  321 Studios Complaint for Declaratory Relief seeking declaration that 321's DVD copy software does not violate the Digital Millennium Copyright Act's anticircumvention provision
  April 22, 2002