Major Hollywood Studios File Motion for Partial Summary Judgment Against 321 Studios; Hollywood Studios Seek to Stifle DVD Copying Software
Posted Jan 24, 2003

Seven major Hollywood studios filed a motion for a partial summary judgment in a suit brought by 321 Studios, which seeks the right to continue selling its DVD copying software. U.S. Judge Susan Illston, of the Northern District of California, will hear the partial summary judgment motion on April 25th. In their motion for partial summary judgment, the defendants are requesting a ruling that 321 Studios' products are illegal under the Digital Millennium Copyright Act (DMCA) and should be enjoined. 321 Studios first filed a complaint on April 22, 2002, in the Northern District of California, seeking a declaratory judgment, that by distributing the DVD Copy Plus software, the company is not in violation of the DMCA, because the use of such software constitutes a "fair use," and that the DMCA provisions, if construed to cover 321 Studios' products, violate the First Amendment. No damages are sought in the suit. The defendants, which include Metro Goldwyn-Mayer Studios, TriStar Pictures, Columbia Pictures Industry, Time Warner Entertainment, Disney Enterprises, Universal City Studios and Saul Zaentz Company, filed a counter claim, on December 19th, 2002, charging that 321 Studios' products violate the DMCA. In the counterclaim, the studios seek to enjoin the sale of 321 Studio's products, DVD Copy Plus and DVD X Copy.