Laws Of .com

District Court Enjoins Manufacture and Distribution of DVD copying software

On February 19, 2004, the United States District Court for the Northern District of California released its order enjoining 321 Studios from manufacturing, distributing, or otherwise trafficking in its DVD copying software that decrypted the encryption technology found in DVDs. The Court held that 321 Studio's software violated the Digital Millennium Copyright Act (DMCA), which prohibits the manufacturing and distribution of such circumventive technologies, regardless of whether the end use to be made of the copy is a "fair use" under the Copyright Act. The Court also held that the restriction in the DMCA did not violate the First Amendment of the Constitution on the grounds that the First Amendment does not protect commercial speech that involves illegal activity.

For more information, visit:
http://news.findlaw.com/entertainment/s/20040221/media321dc.html
For a copy of the decision, visit:
http://news.findlaw.com/hdocs/docs/mgm/321mgm22004ord.pdf