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Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology [321 Studios]

On 23 Feb 2004 at 16:20, Seth Finkelstein wrote:

Date sent:      	Mon, 23 Feb 2004 16:20:18 -0500
From:           	Seth Finkelstein <sethf@sethf.com>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	[dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology [321 Studios]
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> http://www.eff.org/IP/DMCA/MGM_v_321Studios/20040220_eff_pr.php
> Court Endorses Ban on DVD Copy Technology
> Electronic Frontier Foundation Urges Digital Copyright Law Reform
> San Francisco - Consumers suffered a setback to their digital rights
> today when a California federal court sided with the major motion
> picture studios in ruling that a company creating tools people can use
> to make backup copies of their DVDs is liable under copyright
> law. Citing the Digital Millennium Copyright Act (DMCA), the court
> ordered 321 Studios, creator of DVD backup tools, to stop selling its
> DVD Copy Plus and DVD-X COPY products within seven days. 321 Studios
> is likely to appeal the ruling.
> [Source material at:
> http://www.eff.org/IP/DMCA/MGM_v_321Studios/
> http://www.eff.org/IP/DMCA/MGM_v_321Studios/20040219_Order.pdf
> Read it and weep, folks. In the Order, every single geek argument is
> slammed, and slammed *hard*. In particular:
> "This Court finds, as did both the Corley and Elcom courts, that legal
> downstream use of the copyrighted material by customers is not a defense
> to the software manufacturer's violation of the provisions of - 1201 (b)(1)."
> Fair Use is no defense to the DMCA tools provision, sayeth the Court.]

Ergo when works become totally digitally distributed tools that permit any 
fairy use are outlawed. THerefore, there is no fair use....the court system 
better become more technologically savvy or else it will find that it has 
become irrelevant. Irrelevant in settling disputed regarding digital material 
and irrelevant to the public in these matters.

> -- 
> Seth Finkelstein  Consulting Programmer  sethf@sethf.com  http://sethf.com
> Interview: http://grep.law.harvard.edu/article.pl?sid=03/12/16/0526234
> Seth Finkelstein's Infothought blog - http://sethf.com/infothought/blog/