Search EMediaLive
Research Center
CD-R/RW Drives
CD/DVD Duplication
CD/DVD Media
CD/DVD Printers
CD/DVD Replication
Copy Protection
Digital Audio
DVD Authoring Services
DVD Authoring Tools
Networking Software
Recording Software
Standards Issues
The DVD Market
Video Production Tools
Video Streaming and Streaming Codecs
White Papers
Writable DVD Drives
Online Advertising
Editorial Calendar
Buyer's Guide
Subscribe to Magazine
Subscribe to Newsletter

Other Related Sites
Streaming Media
321 Studios Responds to Macrovision Lawsuit
Posted Feb 17, 2004 Print Version     Page 1of 1

321 Studios, an industry leader in DVD backup, creation, and recovery software, has filed in the Southern District Court of New York the company's response to allegations of inducement of patent infringement and Digital Millennium Copyright Act (DMCA) violations made by the Macrovision Corporation. Macrovision has requested a preliminary injunction against the sale of 321 Studios' DVDXCOPY products.

In the filings, 321 Studios argues that Macrovision's motion for a preliminary injunction is flawed in multiple ways: the alleged direct infringers, 321's customers, are licensed to practice Macrovision's patents and since there is no direct infringement, there can be no claim of inducement; apart from the license that runs with every DVD player, Macrovision has failed to adduce any evidence of alleged direct infringement; in so doing, it seeks to extend the limited monopoly granted to Macrovision's analog copy protection scheme to products that do not involve analog copying at all, as 321 Studios' products only backup digital media to digital media; and it seeks an injunction under the DMCA for conduct that is not even occurring, and which, if it were to occur, would not violate the DMCA.

At the same time, 321 Studios also filed a motion asking the court to transfer this case to either the Northern District of California or the Eastern District of Missouri since there is no material connection to New York for either Macrovision or 321 Studios.

321's motion against the preliminary injunction suggests that Macrovision and the movie studios are conspiring together to stop the sale of 321 Studios products. It points out that portions of the Macrovision complaint are "plainly cut and pasted" from the Paramount and Fox complaint filed in the same jurisdiction in November of 2003.

A hearing for the preliminary injunction motion is set for February 27 and a hearing for the transfer motion is set for March 19. 321 Studios is currently awaiting rulings in the Southern District of New York and in the Northern District of California in cases involving nine major Hollywood movie studios.

FREE Email NewsLetters
more info
  more info
Print Version   Page 1of 1


DVD Duplication Equipment, DVD Duplicator, DVD Printer, by MF Digital
Primera Technology - DVD Duplicators CD Duplication and Disc Printers
DVD Duplicators and CD Duplication Equipment at Octave
MEDIATECHNICS Production DVD / CD Duplication Systems
ProAction Media - The CD / DVD Duplication Service and Equipment Pros
CD / DVD Duplication Service and CD / DVD Duplicator Equipment
CD Duplication DVD Duplicators CD Printers by Rimage Primera - Summation
DVD duplicators, CD duplication by Disc Makers
Laser Labels - CD Labels - Address Labels
Buy CD and DVD media, ink, accessories, and other supplies for your duplication equipment at
DVD duplicator, CD printer and DVD / CD copier machines from StorDigital
Fast, Accurate CD and DVD Duplication Services from DiscNow