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Re: [dvd-discuss] banned software on sale in compusa

At 12:30 PM 12/20/2002 -0500, Jeremy Erwin wrote:

>On Thursday, December 19, 2002, at 06:53  PM, James S. Tyre wrote:
>>At 06:45 PM 12/19/2002 -0500, Jeremy Erwin wrote:
>>>While shopping for christmas, gifts at compUSA , i came across copy of 
>>>dvd-copy-x (or a similar sounding name). It promises the user the 
>>>ability to "backup" dvd-video to dvd-ram/cdr.
>>They've had a declaratory relief DMCA lawsuit pending against the studios 
>>for awhile, no decisions yet, > http://321studios.com/lawsuit.htm
>The studios have sued...

Yep.  This is a twofer, also responding to JZ's post, not long before yours.

Part of the problem here is less than adequate press coverage, not fully 
explaining some confusing things  (I'm sure you *all* remember my harping 
on that with the ElcomSoft jury instruction thing.  ;-)

For a long time, the only relevant product 321 offered was DVD Copy Plus, 
which copied only to CD-R(w), and which copied only the basic movie plus 
sound, not all the extras that are claimed to further enhance the DVD 
experience.  (Personally, I've never watched, let alone copied, a DVD.) It 
was at that time when 321 filed its action, and the studios made their 
motion to dismiss on the basis of no real controversy.

But *much* more recently, 321 began offering DVD X Copy, which does copy to 
DVD-R(W), and does copy (I think) the extra stuff.  It was after that when 
the studios decided to countersue, being more afraid (apparently) of DVD X 
Copy than of DVD Copy Plus.

So, for JZ, it appears (again, I have no special knowledge) that the 
studios changed horses in mid stream only after 321 changed products mid 
case.  If that is correct then, whatever I may think of the studios or 
DMCA, it's hard to fault the studios for acting differently to the newer 
product than the older.

James S. Tyre                               mailto:jstyre@jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net